SECTION MANDAMUS (Continued) may be issued to compel proper officer to swear in person will not lie to settle disputed title.... 325 326 must not be substituted for quo warranto 327 .... will lie to compel election officers to perform certain min- 328 also to compel obedience to judgment of ouster. 320, 329 330 will lie to compel the performance of ministerial duties.... 331 331, 332 decision of canvassing officers will not be collaterally re- 333 will not lie to control board in deciding certain questions.. 333 effect of granting to compel issuing of commission....334, 335, 337 336 also to compel a declaration of result of election. 337 general rules as to mandamus proceedings in election cases 338 will not in general lie to compel issuing of commission to a see time, place and manner, &c. (chap. 3) for representatives in congress, power of congress to regu- cannot accept an office under U. S. without vacating his member elect may hold disqualifying office... MENTAL CAPACITY OF VOTER test of........ MILITARY GOVERNOR 241, 242 241 50 SECTION MINISTER TO FOREIGN COURT remains an inhabitant of his state...... when and how corrected MONEY use of, to influence voters.... 250 167, 168 146, 147 granted by clerk without order of court, void.. admission of voter concerning... 53 56 95 given for a wager void except in hands of innocent holder. 150 193 NOTICE of election..... ..117, 118, 119 of special election.. want of, must in general have changed the result... to the great body of voters, necessary 120 135 136 OFFICE qualifications for, not covered by certificate of election..... qualifications for, how fixed....... where the holder of is presumed to reside.. vacancy in, appointment to fill when vacated by acceptance of another office vacancy in, power to fill, does not imply power to create SECTION 223 222 204 226 230 237 238 251 253 256 258 dueling as a disqualification for ... alien may not hold, but may be elected to.. prima facie right to (see chap. 4) OFFICER executive cannot consider questions of fraud..... 213, 554 when an officer may hold until successor is qualified............. authorized to take testimony in contested election cases in 314 163 defacto and not dejure, their powers .75, 76, 77, 78, 79 their qualifications, powers and duties (see chap. 2) required to send abstract of return may send original..... 163 174, 554 SECTION OFFICERS OF ELECTION (Continued) failure to take oath..... 305 their civil liability for misconduct in office (see chap. 11) 494 in general guided by statutory directions..... 501 offer of voter to take oath generally entitles him to vote... 501, 502 officer liable for omitting name of voter from the list.. .... proof that officers knew voter differed from them in politics cult and doubtful distinction between fraud by them and by others what acts of, will constitute fraud...... what may be included in officers certificate.. OPENING AND CLOSING POLLS rules concerning.... 501 503 ... 504 505 506 507 441 442 455 104 114, 142 ORGANIZATION of legislative bodies (see chap. 12) ORGANIZED TERRITORY when abolished by the formation of a state within its limits SECTION PLACE OF HOLDING ELECTIONS (see chap. 3) must be fixed by law for election of representatives in congress... for election of state officers. statutes fixing are mandatory... effect of change of.............. change of, from necessity.. place and time are of the substance of the election... when governor may fix PLURALITY generally sufficient to elect... POLICE REGULATIONS concerning elections...... POLLING PLACES evils resulting from overcrowding.... POLLS 109 .109, 110, 111 112 .114, 115, 115a 114 115 135 176 197 190 558 559 how long to be kept open ...... once regularly closed cannot be re-opened.... 103, 140 103 PRACTICE IN CONTESTED ELECTION CASES when to be kept open from sun rise to sun set.. POPULAR VOTE what questions may be decided by ... (see chap. 6, also see evidence, illegal votes, jurisdiction, information in nature of quo warranto.. 140 140 142 ......152, 547, 548, 549 vote of acting Vice President Wade, on impeachment of President Johnson ... 268 what information for quo warranto must show..... 269 importance of showing for whom illegal votes were cast... |