Imágenes de páginas
PDF
EPUB

SECTION

MANDAMUS (Continued)

may be issued to compel proper officer to swear in person
elected ...

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-
isterial duties......

328

also to compel obedience to judgment of ouster.
also to compel an appointment to office.....

320, 329

330

will lie to compel the performance of ministerial duties....
may compel, but not control, the exercise of discretionary
powers.....

331

331, 332

decision of canvassing officers will not be collaterally re-
viewed in mandamus proceedings....

333

will not lie to control board in deciding certain questions..

333

effect of granting to compel issuing of commission....334, 335, 337
will lie to compel registration of legal voter....

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

[blocks in formation]

see time, place and manner, &c. (chap. 3)

for representatives in congress, power of congress to regu-

[blocks in formation]

cannot accept an office under U. S. without vacating his

[blocks in formation]

member elect may hold disqualifying office...

MENTAL CAPACITY OF VOTER

test of........

MILITARY GOVERNOR

241, 242

241

50

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

SECTION

MINISTER TO FOREIGN COURT

remains an inhabitant of his state......
MISTAKES OF ELECTION OFFICERS

when and how corrected

MONEY

use of, to influence voters....

250

167, 168

146, 147

[blocks in formation]

granted by clerk without order of court, void..

admission of voter concerning...

53

56

95

[blocks in formation]

given for a wager void except in hands of innocent holder.
given upon contract to influence elections.. ...

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

[blocks in formation]

OFFICE

qualifications for, not covered by certificate of election.....
want of qualifications for, may be shown in prima facie case
should not be left vacant pending contest..

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
abandonment of

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.............
abandons his office by accepting another incompatible office 241, 242
appointed during good behavior cannot be removed without
notice and trial ....

[blocks in formation]

authorized to take testimony in contested election cases in
congress, derives authority from act of congress......
all chosen at same election must be voted for at same time
OFICERS OF ELECTION

314

163

defacto and not dejure, their powers

.75, 76, 77, 78, 79

their qualifications, powers and duties (see chap. 2)
canvassing, their duties ministerial.

[blocks in formation]

required to send abstract of return may send original.....

163

174, 554

[blocks in formation]

SECTION

OFFICERS OF ELECTION (Continued)

failure to take oath.....

305

their civil liability for misconduct in office (see chap. 11)
for what acts liable in damages....

494

in general guided by statutory directions.....

501

offer of voter to take oath generally entitles him to vote... 501, 502
in what cases officer may reject vote after voter has taken
oath ...

officer liable for omitting name of voter from the list..
statements of voter as to his residence....
when liable for exemplary damages...

....

proof that officers knew voter differed from them in politics
presumption of good faith, when question decided is diffi-

cult and doubtful

distinction between fraud by them and by others
misconduct of, that will vitiate return...

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

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][subsumed][merged small][merged small][merged small][merged small]

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....
remedy by multiplication of..

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..
effect of deviation from hours fixed for opening and closing
rules as to opening, keeping open, and closing...

POPULAR VOTE

what questions may be decided by ...

(see chap. 6, also see evidence, illegal votes, jurisdiction,
mandamus, injunction, quo warranto, equity.)

information in nature of quo warranto..

140

140

142

......152, 547, 548, 549

[blocks in formation]

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...

[blocks in formation]
« AnteriorContinuar »