Imágenes de páginas
PDF
EPUB

SECTION

PRACTICE IN CONTESTED ELECTION CASES

(Continued)

must be according to statute....

failure of officers of one out of many precincts to make re-
turn ...

when jury trial may be refused.

constitutionality of statute dispensing with jury...
jurisdiction of legislature over election of its own members
disregard of law by election officers when it will vitiate re-
turn......

when an entire poll should be rejected......

failure of officers of election to take the oath required.....
duty of purging the polls.............

extension of time to take testimony, not readily granted to
incumbent.....

great diligence must be shown, and names of witnesses
given.....

federal authorities will follow state in construing state laws
officers authorized to take testimony under act of congress
derive authority from that act, and not from state law....
in what cases contestant must aver that he is an elector, &c.
notice essential to proceedings.......

285a

286

288

289

295

302

.302, 303, 304

305

305

310

310, 311

313

314

339

341

how far practice in congressional cases conform to state
laws...

342

requisites of notice of contest under act of congress of
1851 ....

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

act of congress to regulate taking of testimony not abso-
lutely binding....

348, 349

house of representatives not bound by technical rules...
statutes directory only......

349

349

but should be followed as a rule...

349

house may, on its own motion, investigate the election of a
member

350

will construe liberally the act in relation to contested elec-
tions.

353

when notice may be amended

353

when notice must be served....

354

how service of notice proved under act of congress..
no default can be taken in case of contest in congress..
oath of election officers not a necessary part of return
what proof will avoid a return

cases where it appears that all the votes are not correctly
returned....

where the place of the election was not designated....

[blocks in formation]

SECTION.

PRACTICE IN CONTESTED ELECTION CASES
(Continued)

distinction between setting aside the return and setting

aside the election.......

courts will not interfere in legislative contest.

368

373

but will by mandamus compel the issuance of credentials..
special proceedings authorized by statute for contesting
elections..

373

374

courts may compel contested election board to organize and
proceed...

375

such a board must be wholly free from interest.....
rule for computing time within which notice must be given
governor and council may act as returning board, but their
return is not conclusive in contest.......

376

377

378

continuance in contested election cases not granted as in
other suits.... . . ..

contested election case, how compromised or settled..
rule as to counting rejected votes.....

381

382

383

verification of petition in contested election cases in Pa....
mode of proceeding in contested election case in legislative
body....

384

385

return may be impeached by calling voters to contradict its
truthfulness....

886

.......

governor of a state may be required to answer in quo war-

ranto....

389

trial by jury, can it be denied in an election case? quere....
it return be set aside, all votes must be otherwise proven..

[blocks in formation]

act of congress regulating proceedings in contested election
cases (appendix p. 488)

PRIMA FACIE RIGHT TO OFFICE (see chap. 4)

[blocks in formation]

majority of returning board may certify result of full can-

[blocks in formation]

PRIMA FACIE RIGHT TO OFFICE (Continued)
erroneous decisions as to effect of certificate of election to

congress....

executive or ministerial officer cannot consider questions of
fraud.....

SECTION

211, 212

213

....

cases where neither claimant holds credentials......
credentials necessary in general to admit claimant to office

214

in advance of investigation
house of representatives will not in prima facie case look
behind credentials......

215

.....

216

but will consider what appears upon the face of credentials 216, 217
as where it appears that one or more counties were improp-
erly omitted from the canvass.

217

erroneous and dangerous rule laid down in the New Jersey

[blocks in formation]

equity will not enjoin the use of a certificate of election by

the holder thereof.:....

220

the only remedy is by contest at law..
certificate of election how set aside......

questions as to qualification not settled by credentials......
want of qualification may be shown on prima facie case....
how and by whom the question of qualification may be
raised....

.....

[blocks in formation]

case of Hunt vs. Chilcott.....

224

claimant bound by evidence offered by him outside of his
credentials ....

224

where recitals in certificate show that claimant was not
elected......

226

PRESUMPTION

that persons voting without complying with statute are not
legal voters....

[blocks in formation]
[blocks in formation]

not necessary to prove that officers conducting election were
legally chosen....

459

nor to allege that the district where the election was held is
in the state....

460

nor that the election was a meeting of duly qualified inhab-
itants.....

461

variance between allegation and proof....

462

what is meant by wilfully voting without proper qualifica-
tion.....

463

the burden of proof as to residence, what will change it......
evidence that party consulted counsel as to his right to vote,

464

&c. .....

465

officer not liable for honest error.

466

proper to look at the character of the question decided by
officer......

467

double voting an offense at common law

468, 469

voting out of township, when indictable.

470

not necessary to state in indictment what officers were to be
chosen

471

circumstances showing a fraudulent voting away from resi-
dence ...

472

evidence that defendant consulted "friends" not admissible
not necessary to aver that the election was held by proper
officers.

473

474

whether defendant must be shown to have known himself
disqualified, quere...

475

statements of voter made at the polls to the judge, held not
admissible...

[blocks in formation]

necessary to advise defendant of the particular charge
against him .....

irregularities in conduct of election no defense to indict-
ment for illegal voting.....

480, 481

483

indictment for illegal voting must specify place of voting..
when notice of election must be shown to sustain indict-

484

ment for illegal voting..

485

PROSECUTIONS FOR VIOLATION OF ELECTION
LAWS (Continued)

a person convicted of crime when a minor cannot plead mi-
nority as a defense to indictment for illegal voting......
inspectors not bound to administer oath to unregistered vo-

ter

SECTION

486

487

489

indictment must aver the facts constituting the offense..
when it is necessary to charge that illegal vote was know-
ingly or fraudulently cast.. ..475, 476, 479, 490, 491, 492, 493
under a particular statute..

PUBLIC POLICY

contracts against...

PUBLIC PROCLAMATION

546

192

of time and place of election must be made when required.
by statute.....

Q.

QUALIFICATIONS FOR OFFICE

118

the question not covered by certificate of election....
want of may be shown on hearing of prima facie case.
how and by whom the question may be raised..

222

222

222, 223

by what authority fixed....

226

for members of congress, cannot be added to by state...227, 228, 252
for members of congress and of members elect..

241, 242

one year's residence and citizenship.

245

of senators in congress. . . . . .

246

when fixed by constitution, legislature can add nothing
thereto.....

[blocks in formation]

may perform certain official acts after time fixed by law....
effect of the adoption of an erroneous rule, affecting a class
of voters

[ocr errors]

84

85

86

87

88

division of election district, effect upon officers thereof....
adjournment of election, when valid....

an adjournment sine die dissolves election board...
board may act upon voter's admission as to naturalization.

[ocr errors][merged small][merged small][merged small][merged small]
« AnteriorContinuar »