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containing two names for one and the same office....
containing more names than there are officers to be chosen
statute prohibiting the marking of ballots.....

requiring white paper to be used...

....

396, 397

398, 405

399, 405

400

401

distinguishing marks, when rejected for.

what are distinguishing marks ...

401

404

reasons for regarding such statutes as mandatory....

distinction between things that are, and those that are not,

402

under voters control......

403

statute requiring name of officer to be endorsed, is directory
description applicable to two offices...

405

405

name of candidate and office repeated.

406

ballot containing a smaller number of names than are to be
chosen

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evidence aliunde not admissible to contradict ballot, &c....
writing on ballots prevails over print.....

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conduct of an election in the absence of statutory regula-

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not necessary under, to prove that the officers of the election
were duly chosen ...

459

nor to allege that the district is in the state..

460

nor that the election was by a meeting of the electors...
variance between allegation and proof....

461

462

what is wilful voting...

burden upon the state to prove non-residence of voter.

463

464

for voting more than once......

advice of counsel as to right to vote admissible...

but not advice of a "friend"...

for offence of voting under age

officer not liable for a mistake of judgment..

465

473

465, 541

485a

466

nature of question decided to be considered..

467

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not necessary to state what officers were to be chosen at the
election.....

468, 469
470

471

472

circumstances showing want of bona fide residence of voter
not necessary to aver that election was held by proper offi-

474

cers......

as to necessity of charging that the voter knew of his dis-
qualification when he voted........475, 476, 479, 490, 491, 492, 493
when the offense of illegal voting is complete....

477

necessary to allege wherein the voter was disqualified..478, 479, 480
not always enough to use language of the statute. .478, 480, 481, 482
inspectors, judges and clerks cannot be joined...
irregularities in the election no defense...

must charge and specify place of voting..

when want of legal notice of election is a defense ....
indictment for voting after conviction of infamous crime,

minority of criminal..........

INELIGIBLE CANDIDATE

effect of votes cast for.....

INFAMOUS CRIMES

what are......

conviction of

when conviction vacates office held by offender...

INFLUENCING VOTERS

481

483

484

485

486

.231 to 235

20

229

255

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meaning of, as applied to qualifications of members of con-

gress....

a foreign minister is an inhabitant of the state....
inhabitants of an Indian reservation.....

INJUNCTION

will not lie to restrain the counting of votes because of
fraud ....

318

but will lie to restrain election officers from receiving ille-

gal votes..

319

will not lie to restrain recording of abstract of vote because
of fraud.....

340

will not lie to restrain the use of certificate of election by

holder.....

220

SECTION

INTENTION TO REMAIN

a test of residence.

how proved....

INTEREST

38

71

what will disqualify member of legislative body for voting 267, 268
INTERNAL IMPROVEMENTS

what the terms include.....

550

.......

may be authorized by popular vote in certain cases..547, 548, 549 550
INTIMIDATION AND VIOLENCE (chap. 8)

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may be considered by lower house of congress, without for-

mal allegations ...

424

rule where part of the precincts are rejected for..

425

effect of, in some of the precincts, but not in all..425,426,427,428,429
what must be alleged in petition charging intimidation
testimony of persons intimidated should be produced...
bribery of an elector.....

430

431

....

432

indictment under enforcement act of congress, proof re-

quired....

INVESTIGATION OF ELECTION FRAUDS

policy of the law to encourage...

IRREGULARITIES

in the conduct of elections..

434

387

.123 to 129

JUDGE

J.

267

....

no man shall be, in his own case...

JUDGES OF ELECTION

what proof they may hear as to citizenship of voter (See

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of legislative bodies over the election of their own members,
when exclusive...

295

of courts in quo warranto not ousted by law allowing any
citizen to contest.....

307

courts of equity will not interfere by injunction to restrain

canvass of votes, &c. ...

318

......

in what special cases courts of equity may exercise...

458

JURISDICTION (Continued)

of courts of common law in proceedings by quo warranto..
proceedings in nature of quo warranto or statutory, the
proper remedy for testing the legality of an election.............
equity will not enjoin the recording of the abstract of the
vote of a county upon question of county seat removal..
remedy for frauds at an election. (Note F).......

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SECTION

264

320

340

340

288

289

1

1

2

cannot add to constitutional qualifications..

5

providing for registration, constitutional....

6 7, 8

may prescribe questions to be answered by voter...
may fix place of holding elections for representatives in

64

congress....

109

.....

how far legislature is controlled by state constitution in fix-
ing such place ...

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cannot consider moral character of applicant for seat.
organization of house of representatives (U. S.)................

528

511

(and see appendix, page 486)

no regular business done until permanent organization....
difficulty of organizing in certain cases..

512

513

division into two bodies, which to be recognized.
remedy against a usurping body................

514

515

election of senator in congress by one branch of a divided
legislature

516

case of Sykes vs Spencer considered......

516, 517

under what circumstances an election of U. S. senator by a
body composed of persons, some of whom had no cre-
dentials, may be held valid.

517

Sykes vs Spencer not in conflict with well settled rules....
power of legislative body to preserve decorum and prevent
and punish a breach thereof, &c..

518

519

who may complain of a member for disorderly conduct

and how

520

SECTION.

LEGISLATIVE BODIES (Continued)

power of two houses of congress over their members.....
may a member be punished or expelled for acts done prior
to election....

power to punish for contempt...

521

521, 522, 523

524

power to hold in confinement recusant witness.

524

these powers belong to legislative bodies generally.....
the same act may be both a contempt and a misdemeanor..
houses of congress not deprived of these powers by act of
congress of Jan. 24, 1875.....

525

526

526

......

power to punish persons not members for contempt, from
whence derived...

527

LEGISLATION CONCERNING ELECTIONS

true theory of..

557

defects in existing.

LEGISLATIVE POWER

cannot be delegated.....

LEGISLATURE OF A STATE

its power as to fixing place of federal election.......
cannot reconsider its election of U. S. senator......
may adopt rules to regulate election of U. S. senators....
cannot add to constitutional qualifications for office.......
rival bodies each claiming to be......
LIFE TENURE

acceptance of office for life implies an intention to reside

.558, 561, 567, 568, 569

152

109, 110

161

164

252

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"of voters of a county voting" &c., meaning of...

553

MANDAMUS

not proper remedy to recover office.

817

will lie to compel certificate to issue in accordance with

judgment of court....

320

will lie to compel board to declare result...

321

will only be granted where there is no other adequate rem-
edy.....

322, 323

cannot be resorted to, to dispossess defacto officer..

824

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