A Treatise on the American Law of Elections

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R.B. Ogden, 1880 - 545 страници
 

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Soldiers do not acquire residence at military posts
41
As to residence of paupers
42
Distinction between inhabitant and citizen
43
Effect of the Fifteenth Amendment to the Constitution of the United States
44
Same
45
Of residence in voting precinct
46
Of casting vote in case of tie in certain cases
47
Of voting by proxy
48
Right of suffrage derived from Constitutions and statutes 4 Qualifications of voters enumerated
49
Idiots and persons non compos mentis have no right to vote 51 Rights of citizens of acquired territory
51
Persons living on Indian reservations
52
Same
53
Of the law regulating naturalization
54
Power of State Courts in matters of naturalization 56 Application for naturalization to be made in open court
56
Of children of naturalized citizens born abroad
57
Of Soldiers long quartered in a particular place
58
Meaning of the words heads of families
59
Meaning of the words possessed of an estate of freehold in land
60
Meaning of statute requiring assessment on voter of a part of the revenue of the commonwealth
61
Persons voting without complying with the law presumed dis
62
Constitutional provisions concerning voters apply to all elections
63
Of test questions put tu voters
64
Legislature cannot add to constitutional qualifications of voters
65
Of test oath of voters
66
Act authorizing Governor to set aside registration held uncon stitutional
67
Conviction of desertion necessary to disqualify voter
68
As to the regulation of an election by statute
69
Further as to residence within a military reservation
70
Domicil of unmarried
71
Legislatures cannot add to the constitutional qualifications of an officer
72
Constitutional provisions conce cerning idiots and lunatics
73
Effect upon the right to vote of pardon by the Governor
74
Validity of acts of officers de facto
75
Same
76
Same
77
Same
78
Same
79
Acts of a mere usurper void
80
Duties of canvassing officers ministerial
81
But they must decide from the face of the papers what are returns
82
Canvassing officers may not go behind the returns
83
Same
84
Same
85
But may exercise judicial functions where they are expressly conferred by statute
86
Acts of officer within the scope of his authority presumed correct
87
Statute fixing time for performance of official act directory
88
Effect of the adoption of an erroneous rule as to qualifications of voters
89
Effect of a division of an election district
90
Of the adjournment of an election under statute
91
Same
92
No power to recount ballots
93
Canvassing board cannot reconvene after final adjournment
94
Board may refuse to administer oath to voter who admits dis qualification
95
Further as to recount of ballots
96
Amended return under Massachusetts
97
Certificate of election must be based on full canvass
98
Governor of a State not an election officer
99
Use of registration test by officers of election
100
Duty to fix sufficient voting places
101
Same
102
Time of closing polls 104 What certificate to returns c may contain
104
Election board once dissolved is functus officio
105
Inspectors have no control over ballot after its deposit in
106
Amendment of record of election
107
Only one ballot box in a precinct allowed unless more are ex pressly authorized
108
Validity of elections in military camps
109
Same
110
Power of legislature to fix time and place for the election of a representative in Congress
111
Power of constitutional convention
112
Power of legislature where constitution does not fix place of voting
113
Statutes relating to time and place mandatory
114
What variation from place fixed will vitiate election
115
115a Slight variation of place not fatal 116 As to form or manner of giving notice of election
116
Actual notice when acted upon by all the electors generally suffi cient
117
In what cases proclamation or public announcement necessary
118
Want of formal notice not necessarily fatal
119
Distinction between general and special elections in regard to notice required
120
Statutory regulation necessary to validity of election
121
As to change of place by vote of town meeting under statute of New York
122
Mere irregularities in elections may be disregarded
123
Same
124
Same
125
What are to be deemed directory provisions of
126
Same
127
Electors not to suffer by irregularities of their agents
128
Same
129
Effect of placing ballots in wrong box by mistake
130
Same
131
In what cases mistakes of election officers will be corrected
132
Same
133
133a Inspectors have no control over ballot after it is deposited in box 134 Effect of adopting erroneous rule in regard to qualifications of voters
134
When want of notice will vitiate election
135
Same
136
As to notice of election to fill vacancy
137
Same
138
Same
139
As to opening and closing polls
140
Votes cast after legal hours when rejected
141
Governing rules as to opening and closing polls stated
142
Power of Congress to regulate election of representatives
143
Statute fixing time for making return directory
145
As to contribution of money for election purposes in violation of statute
146
Same
147
147a All votes obtained by bribery or improper influence illegal 148 As to offering consideration to the people of a county or commu nity to secure ...
148
As to wager upon the result of an election
149
Same
150
As to status of citizens of acquired territory
151
What questions may be submitted to a popular vote
152
Same
153
Same
154
Certificate of election upon partial canvass void
155
Parol proof to show fraud in a return
156
Duplicate returns
157
Return signed by minority of board not good
158
Law requiring two boxes held directory
159
Transmission of return by private conveyance instead of through the mail
160
The legislature cannot reconsider the election of a senator
161
As to the adjournment of an election under statutory authority
162
Ballots for state and federal officers must be deposited at same
163
As to manner of electing United States Senators
164
Both Houses of the legislature must participate in such election
165
As to return of votes unsealed
166
Incorrect spelling of candidates name in return
167
Omission of the word junior from the candidates name
168
Effect of tie vote
169
As to validity of act providing for decision of election by lot in case of
170
Refusal of proper officer to issue certificate of election
171
Election of member of Congress in anticipation of admission
172
Effect of forming state government of a part of an organized territory upon the remainder
173
As to unsigned return
174
As to irregularity which does not affect result
175
In what cases Governor of State may fix time and places of hold ing congressional elections
176
The House of Representatives may validate an illegal election of representative
177
As to power of military governor in certain cases
178
Effect of changing congressional districts
179
Same
180
Meaning of statute requiring votes to be cast in the presence
181
As to exclusion of by failure to open polls
182
Meaning of the phrase majority of voters of a county
183
Effect of fraud by managers of election which does not effect result
184
Discrepancy between number of ballots in box and the names on poll list
185
Special election when not within the provisions of registry
186
Meaning of words general election
187
Same
188
Effect of voting for one commissioner when two are to be elected
189
Disregard of mere police regulations
190
The right to elect county officers and to vote for state officers cannot be taken from people of a county
191
Contracts for the purpose of corrupting conventions or primary elections void
192
Contract to assist a candidate for a consideration void
193
Secrecy of the ballot
194
Same
195
As to proof of contents of ballot
196
A plurality of votes will generally elect
197
As to expulsion of overseers from place of voting
198
What irregularities and disregard of requirements of law will vitiate elections
199
As to mandatory and directory provisions of election laws
200
Statutory regulation of Senatorial election
201
Recognition of State government by Congress
202
Joint meeting of legislature for election of senator may be ad journed
203
Of the right to office pending contest
204
Form of credentials
205
Certificate of election by whom signed 207 In the absence of statute governor of State may certify election of Representative in Congress
206
What certificate must show
208
Commission confers vested right
209
But may be set aside on regular contest
210
Governor cannot ordinarily go behind returns to investigate fraud nor revoke his commission
211
Same
212
Ministerial or executive officer cannot exercise judicial functions
213
Cases where neither claimant holds certificate 215 Same
215
All that appears upon face of certificate to be considered
216
Same
217
Erroneous ruling in New Jersey case
218
Canvass cannot be collaterally impeached 220 Injunction will not lie to enjoin use of certificate of election on ground of fraud
220
Such certificate can only be attacked by regular contest
221
But the qualifications of the holder of certificate may be inquired into
222
The holder of a certificate of election may voluntarily impeach
224
Recitals in a certificate may destroy its value CHAPTER FIVE OF ELIGIBILITY TO OFFICE AND TENURE
225
Qualification for federal and state offices How fixed
226
Qualifications of representatives in Congress
227
State cannot add to or change
228
Disqualification by conviction of infamous crime
229
Acceptanee of office the duties of which require residence out of State
230
Majority being given for ineligible candidate does not elect next highest
231
Same
232
Same
233
Same
234
Same
235
In what cases failure to elect a successor vacates office
236
Vacancies in United States Senate How filled
237
Acceptance by member of Congress of disqualifying office
238
Of acceptance by an officer of another incompatible office
239
A commission in the army is an office under the United States
240
Member of Congress elect may hold commission in the army until sworn
241
Same
242
Accepting seat in Congress vacates office previously held 244 How a member of Congress may resign
244
Residence and citizenship as qualifications for office
245
Nine years citizenship required as qualification for the oflice of United States Senator
246
Tenure Senator under executive appointment
247
Same
248
Meaning of the word inhabitant as used in the Constitution
249
A representative of this country abroad loses no rights of citizen
250
255b Record of proceedings to remove officers must show jurisdic
255
260a Resignation once completed cannot be withdrawn
261
Sitting member of legislative body not to vote in his own case
267
Hadley
269
Mayfield VS Moore
272
Same
273
Same
280
Requisites of petition to contest an election under statute of Pennsylvania
281
Immaterial allegations will be stricken out on motion
282
Certainty to a common intent only required
283
Poll list though not signed admissible in evidence
292
Circumstantial evidence admissible to show for whom a voter has voted
293
Presumption in favor of legality of votes actually cast
294
Jurisdiction in contested election cases 296 Appointment in writing of person to deliver returns not necessary
296
Illegal voter may be compelled to disclose for whom he voted
297
Rule in cases where illegal votes are cast and it cannot be ascer tained for whom they were cast
298
Same
299
Same
300
As to compelling illegal voter to disclose for whom he voted
301
As to what disregard of law will vitiate returns
302
Same
303
Same
304
Failure of officers to be sworn not fatal but in connection with fraud may
305
Ordinary rules of evidence apply
306
Effect of statute authorizing any elector to contest
307
Right of person elected to recover fees and emoluments from intruder
308
Power of Congress to punish fraudulent registration in congres sional elections
309
Great diligence required of sitting member in preparing for trial in a contest
310
Same
311
Marked ballots not to be rejected unless statute so requires 313 Federal authorities follow those of the State in construing State constitution and laws
313
Names of illegal voters need not be stated in petition under
315
the sheriff
316
Mandamus not the proper remedy for obtaining possession of an office
317
Injunction will not lie to restrain counting of illegal votes or issuing certiticates of election
318
But will lie to restrain the receipt of illegal votes in certain cases
319
As to mandamus and quo warranto in election cases
320
Mandamus will lie to compel but not to control action by board
321
Will not lie when another adequate remedy is provided
322
Same
323
of Wisconsin
324
Has been granted to compel swearing in of person elected
325
But not where there is a contest
326
Mandamus granted to compel the issuance of certificate in cer tain cases
327
And sometimes will be granted to compel performance of minis terial duties
328
And to compel the recognition of person found entitled by judg ment and quo warranto
329
And to compel an appointment in certain cases
330
To compel the discharge of ministerial as contradistinguished from judicial functions
331
Will not lie to control discretionary functions 333 In cases of inandamus decision of canvassers will be treated as conclusive
333
Judgment in mandamus not conclusive as to rights of contestants
334
Same
335
Mandamus will lie to compel registration of legal voters
336
Mandamus will lie to compel inspectors to certify the results of an election
337
Same
338
Proceeding under statute authorizing contest by any candidate or elector
339
Injunction will not lie to restrain recording of vote because of frauds
340
Notice essential to validity of proceedings in contest
341
As to mode of obtaining evidence in congressional contests
342
Requisites of notice of contest under act of congress
343
Samne
344
House of Representatives may send for primary returns if
345
As to certainty required in notice of contest
346
As to degree of diligence in preparing defense required of sitting member
347
Act of congress regulating contests not imperative upon House of Representatives
348
Such act is directory only but should be followed as a rule
349
House of Representatives may of its own motion inquire as to right of member to his seat
350
Henshaw
351
144 Same
353
Certain records held admissible to show who were freeholders
355
Proof of nonresidence of persons who have voted
356
Proof of service of notice of contest
358
Failure to answer notice in House of Representatives not a con fession of its truth
359
Same
360
Exclusion of persons elected to congress during the rebellion be cause of disloyalty
361
Record evidence in contested election cases House of Represen tatives
362
Tally sheets kept under statute admissible in evidence
363
Returns not void for want of oath of election officers
364
What is a sufficient impeachment of return
365
Same
366
Where place of voting was not generally known election held void
367
A state legislature cannot bind House of Representatives by an act making final a decision of a state board
369
Such decision only prima facie evidence in a contest before the House
370
Certain rules of evidence stated
371
Presumption in favor of decision of election judges
372
Jurisdiction of legislative body over election and qualifications of its own members
373
Actions in most of the states are in the nature of a quo warranto at common
374
In what cases jurisdiction of courts is taken away
375
Board of contests under statute of Kentucky must be composed of disinterested persons
376
In computing time for giving notice of contest it is proper to in clude the first and exclude the last
377
The courts will not interfere with the governor and council in the matter of opening and comparing votes under the law of Maine
378
Title to an office may be tried at any time during the term
379
Of the admissibility of the election papers as evidence 381 As to continuance of postponement of contested election cases
381
Proceedings in quo warranto must be instituted by a public officer
382
As to votes excluded by polls being closed too soon 884 As to form of verification of grounds of contest
383
As to mode of proceeding in contested election case before legis lative body
385
Legal voter may waive privilege and testify as to how he voted
386
The law encourages investigation as to correctness of election returns
387
As to admissibility of ballots themselves in evidence
388
Jurisdiction in case of contest for the office of governor
389
Further as to right of trial by jury in contested election case
390
As to proof of votes when return is set aside
391
Not necessary to prove that election officers participated in fraud
392
Care of ballots prior to canvass
393
Practice in cases of contested election in House of Representa tives
394
Incorrect spelling of candidates name
395
Admissibility of evidence to explain ambiguous ballot
396
Same
397
397a Accidental loss or destruction of ballots cast 398 Ballot containing two names when but one is to be voted
398
Ballot containing more names than are to be voted for void
399
Marking ballots in violation of statute
400
Distinguishing marks upon ballot in violation of statute
401
Same
402
Effect of statute regulating size and form of ballots
403
What are distinguishing marks or embellishments
404
Various imperfections considered
405
Repetition of name of office and candidate does not vitiate ballot
406
Evidence aliunde admissible to explain but not to contradict ballot
407
Writing must prevail over print in ballots
408
Same
409
Court may consider surrounding circumstances in ascertaining voters intent if ballot is ambiguous
410
What will amount to erasure of name upon ballot
411
Printed ballot good under law requiring ballots to be written
412
Numbering ballots held to be unconstitutional
413
Ballot is good if substantially according to statute
414
Special elections when governed by general laws
415
Election materially interfered with by violence c should be set aside
416
Evidence must show that result was changed or rendered uncer tain
417
Interference by the military with freedom of election
418
Same
419
Troops may be stationed in the vicinity of an election
420
Interference by troops with an election
421
Rules regarding use of troops stated
422
House of Representatives bound to investigate all charges of in timidation
423
Same
424
Effect of rejection of one of several polls
425
Same
426
Same
427
Same
428
Rules upon the subject stated
429
Requisites of petition setting forth violence and intimidation
430
As to proof of intimidation
431
Importance of maintaining freedom of elections
432
Militia drill not allowed on day of elections in certain States
433
Power of Congress to punish intimidation c in Congres sional elections
434
Return may be impeached for fraud or misconduct of officers or others
436
But true result should be ascertained by other proof if possible
437
Great caution necessary in applying the rule above stated
438
Voters may be called to contradict return
439
Official acts presumed to be honest and correct until the contrary is shown
440
Distinction between frauds by officers and those committed by others without their knowledge
441
Fraud may be shown by circumstantial evidence
442
Admission of unauthorized persons in room with election officers improper but not necessarily fatal to returns
443
Illegal votes cast not fatal to the election unless they effect
444
Those not voting bound by result
445
Votes must be cast in manner provided by law 447 If circumstances make it impossible for a majority of the voters to vote the election is void
447
The true rule upon the subject stated
448
All circumstances tending to show fraud may be proven
449
Return made by unauthorized person fraudulent and void
450
Power of Congress under recent amendments to the constitution to punish election frauds
451
Same
452
Same
453
Same
454
454a Same 455 What amounts to fraud in election officer
455
Where largely more votes are cast than the number of legal voters in the precinct the return will be rejected
456
Same
457
In what cases equity will afford a remedy for frauds in election CHAPTER TEN PROSECUTIONS FOR VIOLATION OF ELECTION LAWS
458
Not necessary to allege that the officers who held the election were legally chosen
459
In an indictment for illegally voting for governor lieutenant gov ernor and senator for the district of M it is not necessary to aver that the said district...
460
As to proof to sustain indictment for illegal voting
461
Same
462
Meaning of word wilfully in Massachusetts statute
463
As to proof of nonresidence of voter
464
As to provf that the accused consulted counsel as to his right to vote
465
Officer cannot be punished for inere mistake of judgment
466
Character of question decided by an officer may be considered
467
What will amount to offense at common
468
Double voting an offense at common
469
Indictment for voting outside of township of voters residence
470
Not necessary to state what officers were to be chosen
471
Proof of nonresidence of voter
472
Evidence that accused consulted friends as to his right to vote
473
Not necessary to allege that an election was held by the proper officers
474
As to necessity of proving that accused had knowledge of his disqualification
475
Declarations of accused at polls not admissible 477 As to when the act of voting is complete
477
Indictment must advise the accused of the particulars of his offense
478
Same
479
In what cases an indictment is bad though in the words of the statute
480
Samé
481
Same
482
Accused cannot set up mere irregularities in manner of conduct ing election
483
Inspectors in certain cases not bound to administer oath to
487
Same
493
Registering officers not liable for honest mistake
499
McFarland
503
As to recovery of exemplary damages
505
Legislation cannot add to qualifications as fixed by Constitution 6 But may regulate the manner of exercising the right of suffrage 7 Constitutionality ...
509
Clerk has no right to omit from roll names of members whose seats are contested
513
Rules for determining which of two bodies is the legal organiza tion
514
As to the means by which the lawful body may be maintained and the unlawful restrained
515
As to the determination by the Senate of the United States of the question as to which of two bodies is the legislature of a state
516
Same
517
The rule in Sykes vs Spencer with its limitation stated 519 Power of legislative body to preserve order enforce rules and punish its members
519
As to proceeding against unruly member
520
May a member be expelled or punished for acts done prior to his election?
521
Same
522
Same
523
Each house of Congress may try and punish its members for con tempt and therein exercises judicial functions
524
Similar authority belongs to legislative bodies in general
525
Act of Congress of 24 January 1857 upon power of the House to punish for contempt considered
526
Power of the Houses of Congress to punish for contempt per sons not members
527
Houses of Congress have no power to investigate the moral character of members elect
528
530 Ballots may be referred to to correct mistake in return
530
Power of House to expel member for immorality
531
Duty of persons unlawfully excluded from the right to vote
532
Power of governor to set aside registration
533
Effect of an offer to register 12 Act of Congress of May 31st 1870 construed 13 Same 14 Same 15 Power of Congress under Fourteenth Amendment...
534
Abolition of voting precincts so as to deprive voters of their rights
535
Power of courts to compel canvassers to decide 637 Repetition of name of candidate on ballot 538 Women not authorized to vote by constitution of ...
538
Bill in chancery will not lie to inquire into validity or election
539
Appointment cannot be substituted for election of officers
540
Duty of minor who votes believing he is of age 642 Rule making certificate of election conclusive
541
Meyers
545

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Страница 476 - ... the joint assembly shall then proceed to choose, by a viva voce vote of each member present, a person for Senator, and the person who receives a majority of all the votes of the joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected.
Страница 473 - Provided, That no person shall be arrested without process for any offense not committed in the presence of some one of the aforesaid officials...
Страница 250 - The council shall be the judge of the election and qualification of its own members, subject to review by the courts.
Страница 468 - That all citizens of the United States who are or shall be otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its authority, to...
Страница 484 - Vice-President is contained therein, and shall, by writing under their hands, or under the hands of a majority of them, appoint a person to take charge of and deliver to the President of the Senate...
Страница 73 - ... that it is bona fide his Intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, and particularly, by name to the prince, potentate, state or sovereignty of which the alien may be at the time a citizen or subject.
Страница 490 - In a strict and legal seN.se that is properly the domicil of a person where he has his true, fixed, permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning (animus rercrtcndi) .u [Italics supplied.] Mr.
Страница 112 - States and not a member of any tribe, shall be an elector and entitled to vote ; but no citizen or inhabitant shall be an elector or entitled to vote at any election, unless he shall be above the age of twenty-one years, and has resided in this State three months, and in the township or ward in which he offers to vote ten days, next preceding such election...
Страница 413 - That we respectfully urge upon the Congress of the United States and the legislatures of the several states...
Страница 484 - Senate or, if he be absent from the seat of government, the Secretary of State shall send a special messenger to the district judge in whose custody one certificate of votes from that State has been lodged, and such judge shall forthwith transmit that list by the hand of such messenger to the seat of government.

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