A Treatise on the American Law of Elections

George Washington McCrary

R.B. Ogden, 1880 - 545 páginas

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SECTION	25

Test oath applied to voters constitutional	31

Same	32

Same	33

Of temporary absence of voter from his home	34

Election officers bound by certificate of naturalization	35

Change of residence	36

The question of residence discussed	38

Tally sheet admissible in evidence	291

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	295

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	39

Same	40

Soldiers do not acquire residence at military posts	41

As to residence of paupers	42

voters	43

Same	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

Voters privilege from arrest	49

Idiots and persons non compos mentis have no right to vote	50

Rights of citizens of acquired territory	51

Persons living on Indian reservations	52

Same	53

Of the law regulating naturalization 05 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 60 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	62

Constitutional provisions concerning voters apply to all elections	63

Of test questions put to voters	64

Legislature cannot add to constitutional qualifications of voters 66 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 concerning 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 prosumed 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

Effect of an offer to register 12 Act of Congress of May 3st 1870 construed 13 Same	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 canvase	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 nọt 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

Same	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 154 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 203 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	206

In the absence of statute governor of State may certify election of Representative in Congress	207

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 912 Same	211

Ministerial or executive officer cannot exercise judicial functions	213

Cases where neither claimant holds certificate 215 Same	215

The holder of a certificate of election may voluntarily impeach	225

Majority being given for ineligible candidate does not elect next	231

Vacancies in United States Senate How filled	237

Accepting seat in Congress vacates office previously held	244

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

Same	273

Recount of ballots	279

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

Amendment of pleadings	284

Amendments should be made instanter	285

285a Statutory proceeding must be followed 286 Failure of one of several precincts to hold an election	286

Legislative body will not go behind returns in the first instance	287

As to trial by jury in contested election cases	288

Same	289

Returns may be impeached upon a quo warranto	290

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 certificates of election	318

But will lie to restrain the receipt of illegal votes in certain cases	319

As to mandamus and quo warranto in clection 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

330 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	332

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 wiil lie to compel registration of legal voters	336

Same	338

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

Same	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 detense required of sitting	347

Likewise the land list prepared under statute of Virginia	352

Same	353

Testimony must be taken in the time prescribed unless otherwise ordered by the House	354

Certain records held admissible to show who were freeholders 356 Proof of nonresidence of persons who have voted	356

Proof of service of notice of contest 359 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 shects 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

evidence	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 coinmon	374

In what cases jurisdiction of courts is taken away 376 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	380

As to continuance of postponement of contested election cases	381

Proceedings in quo warranto inust 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 admissibility of ballots themselves in evidence	388

member	389

Jurisdiction in case of contest for the office of governor 890 Further as to right of trial by jury in contested election case 391 As to proof of votes wh...	391

Not necessary to prove that election officers participated in fraud	392

Care of ballots prior to canvass 394 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 imperſections 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 correci 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	446

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 cises cquity will afförd a remedy for frauds in election CHAPTER TEN PROSECUTIONS FOR VIOLATION OF ELECTION LAWS	458

Not necessary to allege that the officers who lield the election were legally chosen	459

In an indictinent 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 462 Same 403 Meaning of word wilfully in Massachusetts statute 461 As to proof of nonresidence...	461

As to proof that the accused consulted counsel as to his right to vote	465

Officer cannot be punished for mere mistake of judgment	466

Character of question decided by an officer may be considered	467

What will amount to offense at cominon	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 Ly 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

Same	481

Same	482

Accused cannot set up mere irregularitics in manner of conduct ing election	483

Inspectors in certain cases not bound to administer oath to	487

Same	493

Act of congress regulating contests not imperative upon House of Representatives	496

Registering officers not liable for honest mistake	499

As to recovery of exemplary damages	505

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	518

Power of legislative body to preserve order enforce rules and punish its inembers	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

Ballots may be referred to to correct mistake in return 531 Power of House to expel inember for immorality	531

Duty of persons unlawfully excluded from the right to vote	532

Power of governor to set aside registration	533

Power of Congress under Fourteenth Amendment considered 18 Power of Congress under recent amendments to protect the right to vote 17 Power o...	534

Power of governor to fill vacancy in United States Senate 535 Abolition of voting precincts so as to deprive voters of their rights	535

Power of courts to compel canvassers to decide 537 Repetition of name of candidate on ballot	537

Women not authorized to vote by constitution of United States	538

Bill in chancery will not lie to inquire into validity oi election 540 Appointment cannot be substituted for election of officers 641 Duty of minor who...	540

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A Treatise on the American Law of Elections
George Washington McCrary
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A Treatise on the American Law of Elections
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Pré-visualização indisponível - 2019

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Palavras e frases frequentes

action adopted amendment appear apply appointment authority ballot Bartlett body candidate canvass cast certificate citizens claiming color committee compel Congress Constitution contested course Court decided decision deprived designated determine district doctrine doubt duty effect elec election electors entitled evidence exercise fact fixed follows fraud give given Governor ground held holding House House of Representatives illegal intention issue judge jurisdiction latter legislative legislature majority manner means nature necessary notice oath offered opinion party perform person polls precinct prescribed prevent proceeding proof proper protection punishment qualifications question reason received refused registration regulations rejected residence result returns right to vote rule seat Senate shown statute sufficient Supreme Court taken term territory testimony tion town true United unless vacancy valid void voter witnesses

Passagens conhecidas

Página 476 - 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...

Aparece em 229 livros desde 1798-2007

Página 260 - The council shall be the judge of the election and qualification of its own members, subject to review by the courts.

Aparece em 111 livros desde 1777-1999

Página 476 - States, to order, bring, keep, or have under his authority or control, any troops or armed men at the place where any general or special election is held in any State of the United States of America, unless it shall be necessary to repel the armed enemies of the United States, or to keep the peace at the polls.

Aparece em 129 livros desde 1836-2006

Página 83 - ... 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.

Aparece em 392 livros desde 1796-2006

Página 498 - 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.

Aparece em 455 livros desde 1792-2007

Página 484 - That in each State entitled under this apportionment, the number to which such State may be entitled in the Fifty-third and each subsequent Congress, shall be elected by districts composed of contiguous territory, and containing, as nearly as practicable, an equal number of inhabitants.

Aparece em 237 livros desde 1815-2008

Página 122 - 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...

Aparece em 81 livros desde 1850-2004

Página 492 - 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.

Aparece em 107 livros desde 1821-2001

Página 477 - That if any person, by force, bribery, threats, intimidation, or other unlawful means, shall hinder, delay, prevent, or obstruct, or shall combine and confederate with others to hinder, delay, prevent, or obstruct, any citizen from doing any act required to be done to qualify him to vote or from voting at any election...

Aparece em 93 livros desde 1870-2006

Página 484 - 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. If no person receives such majority on the first day, the joint assembly shall meet at twelve o'clock meridian of each succeeding day during the session of the legislature, and shall take at least one vote, until a Senator is elected.

Aparece em 165 livros desde 1776-2007

Informação bibliográfica

QR code for A Treatise on the American Law of Elections

Título	A Treatise on the American Law of Elections Legal classics library Making of Modern Law legal treatises Making of modern law
Autor	George Washington McCrary
Edição	2
Editora	R.B. Ogden, 1880
Original de	a Biblioteca Pública de Nova Iorque
Digitalizado	20 Set 2006
Número de páginas	545 páginas

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