Duty of clerks.

Fraudulent votes.

Same subject.

Same.

Enumeration of votes.

Form of poll books.

fully preserve the same; the same method shall be observed in respect to each of the tickets taken out of the ballot box, until the number taken out of the ballot box is equal to the number of names in the poll books.

SEC. 13. That the clerks shall enter, in separate columns, under the names of the persons voted for, as hereinafter provided, in the form of the poll books, all the votes so as aforesaid read by the judges.

SEC. 14. That whenever two or more ballots are found folded or rolled together, it shall be conclusive evidence of their being fraudulent.

SEC. 15. That if a ballot should be found to contain a greater number of names, for any one office, than the number of persons required to fill that office, it shall be considered fraudulent as to the whole of the names designated to fill such office, but no further.

SEC. 16. That a ballot shall not be considered fraudulent for containing a less number of names than are authorized to be inserted.

SEC. 17. That after the examination of the ballots shall be completed, the number of votes for each person shall be enumerated, under the inspection of the judges, and set down as hereinafter provided, in the form of the poll books, and be publicly proclaimed to the people present.

SEC. 18. That the following shall be the form of the poll books to be kept by the judges and clerks of elections held under this act :

POLL BOOK of the Election held in the township of

the

in the county of

on

offices. rally sworn, as the law directs, previous to their entering on the duties of their respective A. B., C. D. and E. F., Judges, and J. K. and L. M., Clerks of said election, were seve, in the year of our Lord, one thousand eight hundred and day of

Number and Names of Electors.

It is hereby certified that the number of electors at this election amounts to

Attest:

A. B.,)

C. D., Judges of Election.

E. F.,)

Lieutenant Governor.

Secretary of State.

Auditor of State.

Treasurer of State.

Attorney General.

Judge of the Supreme Court.

Board of Public Works.

Representatives in Congress.

Repre

Senators

sent

atives.

General Assembly.

Representatives in the

Judge of the Court of Common

Pleas

Probate Judge.

Clerk of the Court of Common

NAMES OF PERSONS VOTED FOR, AND FOR WHAT OFFICE, CONTAINING THE NUMBER OF VOTES GIVEN FOR EACH CANDIDATE.

poll books, af

Disposition of SEC. 19. That after canvassing the votes in the manner ter canvassing. aforesaid, the judges, before they disperse, shall put under cover one of the poll books, seal the same, and direct it to the clerk of the court of common pleas of the county where the return is to be made; and the poll book thus sealed and directed, shall be conveyed by one of the judges, to be determined by lot, if they cannot agree otherwise, to the clerk of the court of common pleas of the county, at his office, within two days from the day of the election; and the other poll book, where the same is not otherwise disposed of by this act, shall be deposited with the township clerk, or clerk of the election district, (as the case may be,) within three days from the day of the election, there to remain for the use of the persons who may choose to inspect the same.

Duty of clerk of

as to opening

returns, &c.

SEC. 20. That on the sixth day after the election, (or common pleas, sooner, in case all the returns shall be made,) the said clerk of the court of common pleas, taking to his assistance two justices of the peace of the proper county, shall proceed to open the several returns which shall have been made to his office, and to make abstracts of the votes in the following manner : The abstracts of votes for Governor, Lieutenant Governor, Secretary of State, Auditor of State, Treasurer of State, and Attorney General, shall be on one sheet; and being certified and signed by the justices and clerks, shall be deposited in the clerk's office, and a copy thereof, certified under the official seal of said clerk, shall be endorsed and directed to the president of the senate, and forwarded immediately to the seat of government, by mail; and the clerk aforesaid shall make out another certified copy of the abstract of votes for the Governor, Lieutenant Governor, Secretary of State, Auditor of State, Treasurer of State, and Attorney General, as aforesaid, directed to the President of the Senate, and deliver the same to a member of the General Assembly, to the end that the same may be conveyed to the President of the Senate, at the seat of government; and said clerk shall respectively endorse on the envelope, on outside of each duplicate, "Certificate of the votes for Governor, Lieutenant Governor, Secretary of State, Auditor of State, Treasurer of State, and Attorney General," (either or all, as the case may be,) and the name of the county in which said votes are given.

President of
Senate to open

turns, &c.

SEC. 21. That the president of the Senate shall, during the and publish re- first week of the session of the General Assembly, open and publish the abstracts of votes by him received, in conformity with the provisions of the third section of the third article of the conFurther duties stitution of this State; and the abstracts of votes for Governor,

of clerk and

justices.

Lieutenant Governor, Secretary of State, Auditor of State,
Treasurer of State, Attorney General, Judges of the supreme
court, Judges of the court of common pleas, members of the
Board of Public Works, Probate Judges, Clerks of the courts of

common pleas, Sheriffs, Coroners, County Auditors, County Treasurers, County Commissioners, County Recorders, County Surveyors, Prosecuting Attorneys, Senators and Representatives to the General Assembly, Judge of such county court as are now, or may hereafter be established in any counties of this State, and Řepresentatives to Congress, shall be made on one sheet; and being certified and signed, (in the same manner as in case of abstracts of votes for the officers named in the twentieth section of this act,) shall be deposited in the said clerk's office; and a copy thereof, certified as aforesaid, shall be immediately enclosed, endorsed, and forwarded to the Secretary of State. In making the abstracts of votes aforesaid, the justices and clerk shall not decide on the validity of the returns aforesaid, but shall be governed by the number of votes stated in the poll books; but no paper shall be received as a poll book of any township or other election district, unless delivered at the clerk's office by one of the judges of the election held in such township, or election district.

SEC. 22. That on the second Tuesday of October, eighteen Election of hundred and fifty-two, and at every period of two years there- Congressmen after, the electors of each congressional district that now is or which shall hereafter be laid off and established, shall vote for a suitable person or persons to represent this State in the Congress of the United States, for the term of two years, to commence on the fourth day of March next thereafter.

of clerks of

SEC. 23. That the clerk of the court of common pleas in Further duties each county, to whose office a return of votes shall be made common pleas. under the provisions of this act, shall, in addition to the copy required to be forwarded to the Secretary of State, by the twenty-first section of this act, make out, from the returns in his office, a separate abstract of votes for Governor, Lieutenant Governor, Secretary of State, Auditor of State, Treasurer of State, Attorney General, members of the Board of Public Works, Judges of the Supreme Court, and Representatives to Congress, which he shall seal and direct to the Secretary of State, and endorse on the outside or cover thereof, the following words: "Abstract of votes for (the officers in this section named, naming such,) returned to the clerk's office of, (inserting the name of the county;)" and the clerk shall sign his name thereto; and it shall be the duty of the clerk to forward such abstract to the Secretary of State, within twenty days after such election.

Secretary of

returns, &c.,

SEC. 24. That within ten days after the first day of De- Governor and cember, next after such election, the Governor and Secretary State to open of State, in the office of the Secretary of State, in the presence when legisla of the Auditor of State and Attorney General, shall open the ture not in sesreturns made to the Secretary of State, for members of the Board of Public Works, Judges of the Supreme Court, and Representatives to Congress; and if it shall appear that returns

sion.

When returns

to Secretary's

used.

have been received from all the counties, agreeable to the provisions of this act, the Governor and Secretary of State shall forthwith proceed to ascertain the number of votes given to the different persons for the office of Board of Public Works, for the office of Judge of the Supreme Court, and for Representatives to Congress in each congressional district.

SEC. 25. That if such return shall not have been received office shall be from all the counties as aforesaid, and abstracts shall have been received by the Secretary of State, from such delinquent counties, agreeably to the provisions of the twenty-first section of this act, the Governor and Secretary of State shall be governed, so far as it relates to such delinquent counties, by the last mentioned abstracts; and the persons having the highest number of votes for the respective offices named in the twentyfourth section of this act, shall be considered duly elected.

Tie votes for

to be decided by lot.

SEC. 26. That if it shall appear, from the returns and abCongressmen, stracts aforesaid, that any two or more persons, in any of the congressional districts, have the highest and an equal number of votes for Representative to Congress, the Governor and Secretary of State shall decide by lot which of said persons shall be duly elected; and the Governor shall give to each person so duly elected Representative to Congress, a certificate of his election; which certificate shall be signed by the Governor, and sealed with the Great Seal of the State, and countersigned by the Secretary of State.

Governor to certify.

By whom re

turns of votes

cers shall be opened and counted, &c.

SEC. 27. That if the General Assembly shall not be in sesfor State offi- sion on the first Monday in January next after an election for all or any part of the executive officers of this State, the Governor and Secretary of State, within five days thereafter, in the office of the Secretary of State, in the presence of at least two of the Judges of the supreme court, shall open the returns of abstracts made to the Secretary of State for said offices, agreeably to the provisions of the twenty-third section of this act; that if such returns shall not have been received from all the counties, recourse shall be had, for such delinquent counties, to the returns of the abstracts made agreeably to the provisions of the twenty-first section of this act; and shall forthwith proceed to ascertain the number of votes given to the different persons for the several offices of Governor, Lieutenant Governor, Secretary of State, Auditor of State, Treasurer of State, and Attorney General, as the case may be; and the persons having the highest number of votes for any of said offices, shall be considered duly elected, and by the Governor so declared; if it shall appear from the returns and abstracts aforesaid, that any two or more persons, for any one of said offices, have the highest and an equal number of votes, the Governor shall, by message, communicate such to the General Assembly, at its first session thereafter.