SECTION QUALIFICATIONS, POWERS AND DUTIES OF effect of certificate signed by part of the members of a such officers may be punished for false certificate... fraudulent refusal to fix suitable voting places... 101, 102 officers must keep polls open as long as law requires..... 103 103, 105 104 have no power over ballot when once deposited 106 amendment of record of vote.. cannot multiply voting places... QUALIFICATIONS OF VOTERS (see chap. 1) how fixed .... effect of fifteenth amendment upon. 107 108 1 2. act of congress upon this subject............ but may prescribe rules for the orderly exercise of the right but must not go beyond regulation effect of a disregard of registry law. effect of denial of registration.. effect of an offer to register wrongful refusal to permit registration. duty of voter when refused registration.... extent of power of congress to protect a citizen in the right 6 6 7 8 9 10 10 11 11 11 right of voting and being voted for not the same what crimes are infamous dueling not an infamous crime under New York statute.. persons exempted from taxation on account of poverty 26 ... ...... vote... test oath as a qualification........ temporary absence of voter from his home. .31, 32, 33 30 34 SECTION QUALIFICATIONS OF VOTERS (Continued) certificate of naturalization prima facie evidence of citizen- and in all the proof the voter need produce. and all the judges of election can consider.. what constitutes change of residence.. removal from one town to another in same county. right to vote lost when removal complete... no person can have two residences.. residence once acquired, how lost. further discussion of residence (appendix, p. 496) soldier in U. S. army may vote at place of residence, but not at military post... pauper in almshouse, place of voting.. student in college, place of voting.. inhabitant not synonymous with citizen.. election district defined. 34 34 35 35 35 36 36 37 .34, 38, 39, 40 38 40 40 40 41, 58 41 49 .43, 44, 45 old residence not retained until new acquired... voting by proxy.. what is meant by ten days residence prior to election. idiots and persons non compos mentis cannot vote. inhabitants of annexed territory how they must qualify. residents within indian reservation cannot vote 46 46 48 50, 73 50 51 52, 53 an equitable interest in land not an "estate in freehold". qualifications for voting at special election... by voter.... 8858 59 60 61 63 legislature may prescribe proper questions to be answered 64, 66 residence in township 65 where no length of residence is fixed in the constitution record of conviction of voter, when to be produced at the QUALIFICATIONS OF VOTERS (Continued) change of jurisdiction over place of voter's residence... rule as to legislature attempting to add to the constitutional paupers excluded in some states. and persons under guardianship in others capacity to read and write required in Mass. Capacity to read in Connecticut .... pardon by executive restores right to vote.. 127 QUO WARRANTO. proper common law remedy to oust an usurper from office. mode of proceeding in... information should set forth claims of the incumbent.. is the proper remedy where there are conflicting claims to 264 264 265 266 269 320 power of, when incident to power of appointment. 255a 255b election of, in anticipation of admission of new State... no valid election without time and place are fixed by law.. qualifications for.... 172 177 178 227 cannot be required to reside in any particular part of dis- 227 acceptance of incompatible office by 243 how he may resign... 244 RESIDENCE AS A QUALIFCATION FOR OFFICE in a particular place, cannot be required of a member of of office holder, where presumed to be.. 227 230 when no length of is fixed in constitution, none can be re- quired... effect of a change of district boundaries.... subject further considered (Appendix, p. 496) RESIDENTS upon lands ceded to the United States may not vote.. upon military reservations in territory, may vote. SECTION RESULT when it cannot be ascertained with reasonable certainty, RETURN cannot be rejected by canvassing board.... but such board must decide what is a. canvassers cannot go behind. may be made out of time. not conclusive..... when a partial, is bad.... 182 81, 554 82, 554 84, 554 145 145 155 failure to make in one, out of many, precincts.. when a disregard of the election law, will vitiate. in what cases the entire poll should be thrown out.... ....... may be impeached by showing that it does not allow as 219 286 302, 554 303, 304 305 many votes as were in fact given to a particular candi- 386 if set aside, no votes not otherwise proven can be counted. presence of unauthorized persons in room with officers.... 443 442 RETURNED MEMBER cannot vote upon his own case in legislative body....... 267 when he may give casting vote..... 45 RIGHT TO OFFICE PRIMA FACIE (See Chapter 4.) |