6. Assessors to be present at elections. Compensation. 7. Compensation of assessors. 8. Assessors not to perform other than election duties. 9. Poll tax in Philadelphia not to be assessed by the real estate assessors. II. REGISTRY LIST. 10. Assessors to personally visit each house. List of voters. How electors shall be grouped. 11. Original registry list. Who shall be entered thereon. How names shall be marked. 12. Certificate of naturalization shall be exhibited to the assessor. 13. One copy of original list to be returned to commissioners; one to be placed on door of voting place. Original list to be retained. Assessments on personal application. Certificate of naturalization to be exhibited. III. EXTRA ASSESSMENT. 14. Duty of assessor to be at election house; to correct original list; to enter name of person furnishing information. Original list to be open for inspection. Common pleas to hear complaints. May order list to be corrected. 15. Original list to be returned. Commissioners to make alphabetical list and furnish blanks to election officers. 16. When temporary voting place is established, assessor to sit at his residence. IV. ELECTION DISTRICTS. 17. Townships and wards to be divided into election districts. In cities of over one hundred thousand inhabitants, districts to be divided by the quarter sessions when more than two hundred and fifty votes have been polled. 18. Quarter sessions to divide townships into election districts. 19. Upon petition of twenty electors, court to appoint commissioners. 20. Report of commissioners. Review. 21. When report is confirmed, court to establish voting place. 22. Consolidation of divisions and townships. 23. Compensation of commissioners. 24. Costs. 36. Councils in Philadelphia to fix and change places of holding elections. 37. How place of election may be changed in Philadelphia. 38. Voters not to vote outside of election districts. 39. Court to fix voting places within the election district. 40. Troops not to be present at places of election. 41. Elections not to be held where liquors are sold. VI. ELECTION DAYS. 42. General election day. 43. Municipal election day. VII. TIME OF OPENING AND CLOSING POLLS. 44. Polls to be open from 7 A.M. to 7 P.M. VIII. SHERIFF'S PROCLAMATION. 45. Sheriff to post and advertise proclamation of election. Contents of proclamation. 46. Coroner to perform sheriff's duties in the absence of the sheriff and when the sheriff's office is vacant. IX. ELECTION OFFICERS. 47. Election boards to consist of a judge and two inspectors. Privileges of election officers. 48. Election of judges, inspectors and assessors. 49. Election to be annual. 50. How judges and inspectors to be voted for. 52. Election officers to conduct all elections. 56. Militia or borough officers may serve as election officers. 57. Election officers in Philadelphia may be reelected. 58. Employment in the city of Philadelphia in subordinate public office not to disqualify. 59. Vacancies to be filled by the common pleas. Political qualifications. 60. Tie vote for judge of election. 61. Common pleas of Philadelphia to settle summarily all disputes concerning election officers. 62. Where both inspectors are of the same political party. X. MEETING OF ELECTION BOARD. 63. To meet at polling place on the morning of election. Each inspector to appoint a clerk. 64. How vacancies shall be filled, caused by failure to attend. 65. Failure of clerks to attend. XI. OATH OF ELECTION OFFICERS. 66. Election officers to be sworn. 67. Inspector's oath. 68. Judge's oath. 69. Clerk's oath. 70. Oaths to be subscribed and certified. 71. Officers of township and general elections to take the same oath. 72. Officers to swear not to disclose how electors shall have voted. How oaths shall be administered. Penalty for acting without oath. XII. DUTIES AND POWERS OF ELECTION OFFICERS. 73. Judge to designate duties of inspectors. 74. Mode of receiving and recording votes. 75. Judges to decide only upon disagreement of inspectors. 76. Tickets to be received only from electors. 77. Power to administer oaths. XIII. DUTIES OF COUNTY COMMISSIONERS. 78. To perform certain duties. 79. To furnish ballot-boxes and blanks. 80. Copies of duplicate of taxables. 81. Duties imposed upon county commissioners to be performed by city commissioners. 82. In Philadelphia commissioners to furnish lists of persons assessed, who have not paid tax. 83. To put voting place in order, and furnish blanks, stationery and list of taxables. 84. Supplies to be paid out of appropriations. XIV. RIGHT OF SUFFRAGE. 85. Qualifications of electors. 86. Electors privileged from arrest. 87. Electors in the military service. 88. Bribery to disqualify. 89. Bribery by candidates. 90. Persons in the service of this state or of the United States. 127. Printing of ballots. 128. How ballots shall be printed. 129. How names of candidates shall be arranged. 130. How names of presidential electors shall be arranged. 131. Circle for "straight ticket." 132. Blanks to be left for voters to insert names. 133. How ballots shall be printed when a vote is to be taken on a constitutional amendment or other question. 134. Square at right of the name of each candidate. Instructions to be printed on ballot. Cross may designate entire group of presidential electors. Cross in circle votes a straight ticket. 135. All ballots to be alike. Style of printing. To be attached to a stub and bound together. 136. Diagonal folding line to be printed on corner, and corner edged with paste. Corner to be fastened down over number. Margin. 137. Caption on back of ballot. 138. Record of number of ballots printed to be 91. Citizens temporarily in the service of this state kept. or of the United States. 92. Suffrage extended to colored citizens. 93. Certificates of naturalization and taxation to be evidence. Proof of payment of tax. XV. WAGERS ON ELECTIONS. 94. Betting on elections prohibited. 95. Penalty for betting on elections. 96. Officers to prosecute. Grand juries to present. 97. Votes to be rejected. 98. Directors of the poor to sue for and recover amount of wagers. XVI. NON-REGISTERED VOTERS. 99. Proof to be received where a voter's name is not on the list of taxables. 100. How proof of residence to be made. 101. Electors upon due proof may vote. 102. What proof to be made by persons whose names are not upon the list. 103. By persons between the age of twenty-one and twenty-two years. 104. Affidavits to be filed and names added to the list. 105. Challenges. Proof by challenged voters. Naturalization certificates to be stamped. 106. Penalty for neglecting to demand the proof required by law. 107. Receiving ten non-registered votes without proof, a misdemeanor. XVII. NOMINATIONS TO OFFICE. 108. Who may nominate to office. Certificates of nomination. How signed. 109. Nomination papers. Affidavit. 110. Contents of nomination certificates and papers. Objections to be decided by the court of common pleas. 111. Certain certificates to be filed with the secretary of the commonwealth. 112. Certain certificates to be filed with the county commissioners. 113. Others with township and borough officers. 114. Proper officer to examine nomination paper or certificate; if defective, it shall not be filed. Review. 115. Objections to certificates and papers. 116. Hearing of objections. Amendments. 117. How candidate may withdraw. 118. Filling vacancies occurring after time for making nominations. 119. Certificates and papers to be open for inspection and preserved for two years. 120. Secretary of the commonwealth to transmit lists to county commissioners and sheriff. 121. County commissioners to send list to sheriff. 122. How vacancies shall be filled. 123. Substituted nomination papers and certificates and objections thereto. 124. Substitution of candidates. XVIII. BALLOTS. 125. All elections to be by ballot. Ballots to be numbered. Electors may indorse. 126. Ballots to be printed and distributed at public expense. To be a county charge. Forms to be prepared by the secretary of the commonwealth. 139. How mistakes in publication of names shall be corrected. 140. Number of ballots to be printed. Instructions. 141. Official and sample ballots. 143. Two copies of the assessors' list to be furnished. Ballot-check list. Voting-check list. 144. How ballots to be packed for delivery. 145. How delivered to judges of election. 146. Judges to return receipt. Record to be kept. 147. Commissioners to notify judges to call for ballots. 148. When ballots are not delivered, or are lost or stolen. 149. Specimen ballots to be mailed by registered letter four days before election. XIX. ELECTION ROOM OR BOOTH. 150. County commissioners to provide. To be fitted with compartments. To have curtain, screen or door. Guard-rail. 151. Arrangement of ballot-box and voting booth. 154. To become the property of the county. XX. OPENING OF POLLS-VOTING. 156. Judge on opening the polls to publicly break seals. Cards of instruction to be posted. 157. Manner of voting. Admission within guardrail. Delivery of ballots to voter. Only one ballot mitted within rail. to each voter. Marking of ballot list. Number ad 158. Preparation of ballot, an x in the circle votes party name, political designation, group of candidates the straight ticket. Otherwise, make an x opposite for electors or opposite name of each candidate. An x against answers. Cumulative voting. 159. Folding of ballot. 160. Voting. Numbering of ballot. Ballot to be marked and delivered promptly. 161. No voter to occupy a compartment occupied by another, nor to remain more than three minutes. Not to return. 162. Checking of name on voting-check list. Duties of the judge. 163. Persons admitted outside of the rail. 165. Who may vote on the closing of the polls. 168. Lists of numbered voters to be sealed before ballot-boxes are opened. Also stubs, unused ballots and ballot-check lists. 169. No ballots to be removed from voting place. Spoiled ballots. Returned ballots. 170. How voter may secure assistance. XXI. CLOSING OF POLLS-COUNTING VOTE- RETURN. 173. Papers to be deposited in ballot-boxes. Sealed, 174. Votes to be counted. Triplicate return. 178. Repealing clause. XXVII. RETURN-JUDGES. 198. Returns to be laid before the court of com- 199. Proceedings in cases of alleged fraud or mis- 200. What judges to compute the returns. Re- 201. Where boxes to be deposited. When to be 202. Returns to be signed by all the judges. 203. How such returns to be disposed of. 204. Proceedings where two or more counties com- 205. How returns to be disposed of, in such cases. .207. Returns in case of county commissioners and XXVIII. DUTIES OF THE PROTHONOTARY. 209. To give certified copies, on payment of fees. 212. To take into the house of representatives the 213. To deliver to the speaker of the senate the 214. Returns of election of governor, not received 215. Secretary to prepare blanks and furnish copies. XXX. ELECTIONS BY MILITIA OR VOLUN- 216. Qualified electors in actual service to exercise 217. Polls to be opened in each company. 218. Opening and closing of the polls. 219. Judge of election. Clerks. 220. Election officers to be sworn. 221. Elections by ballot. Challenges. 223. Tickets. 224. Reception of votes. 226. How tickets to be counted. 229. Enumeration of votes. 231. Form of returns. De- 232. One of the poll-books, tally-lists and returns, 233. Duties of prothonotary. 234. Meeting of return-judges. 235. Duties of return-judges. Powers of the courts. 237. Contested elections. 250. Penalty for refusing to receive such votes. 251. Penalty for false swearing. 252. Blanks to be furnished. 253. Electors in hospitals. 254. Duties of assessors; of collectors and county 255. Not to apply to ward elections, &c., in Phila- XXXI. OF PARTICULAR ELECTIONS. (1.) OF LIEUTENANT-GOVERNOR. 256. Election of lieutenant-governor. (2.) OF MEMBERS OF CONGRESS. 259. Time and place of electing members of con- 260. Sheriffs to give notice. 261. Governor to make proclamation of persons (3.) OF SENATORS OF THE UNITED STATES. 262. Nominations. 263. Mode of election. 264. How vacancies to be filled. (5.) OF STATE TREASURER AND AUDITOR-GENERAL. 276. Board for computing returns of state treasurer and auditor-general. Meetings. Certificate. Proclamation. 277. How board to be selected. (6.) OF TOWNSHIP OFFICERS. 278. Constables to give notice; or, in case of neglect, &c., supervisors or assessors. How such elections to be conducted. Election officers may be voted for to fill township offices. 279. When township elections to be held. 280. Certificates to be made out and delivered to persons elected. 281. Clerk of quarter sessions to certify to county commissioners the names of persons elected assessors and assistant-assessors. 282. Mileage of return-judges. No daily pay to be allowed for making returns. 283. Advertising expenses to be allowed. Compensation of constables for delivering certificates of election. 284. Court to authorize the holding of elections in new townships. 285. How election to be held, where township is divided in forming an election district. 286. Duties of election officers in such cases. (7.) PRIMARY ELECTIONS. 287. Officers holding primary elections to be sworn. Form of oath. 288. Penalty for acting without oath. For violation of party rules. For rejection of qualified vote or acceptance of unqualified. Wilful fraud. XXXII. ELECTIONS TO SUPPLY VACANCIES. (1.) IN THE OFFICE OF GOVERNOR. 289. Vacancies in the office of governor, how supplied. Speaker of the senate, or persons exercising the office of governor, to issue writs for an election. (2.) IN THE LEGISLATURE. 290. Writs to supply vacancies in the legislature to issue, and contents thereof. 291. When issued during the session, election to be held within thirty days. When such writ to be countermanded. 292. Provision, in case the governor convenes the legislature. 293. When writ to be delivered to the sheriff. His duties. 294. When secretary to lay returns before the speaker. 295. Vacancies, during the recess, how supplied. (3.) IN CONGRESS. 296. Writs to supply vacancies in congress. 297. If issued during the session, governor to appoint day of election. 298. When writ to be delivered to the sheriff. His duties. 299. Governor to proclaim name of person elected, and transmit return to house of representatives. XXXIII. SPECIAL ELECTIONS. 300. Special elections to be conducted like general elections. XXXIV. CONTESTED ELECTIONS. (1.) CLASSIFICATION. 301. Classes of contested elections. 323. Contested elections of judges. 324. Petition, and proceedings thereon. Court, how composed. Judgment. 325. Jurisdiction, where there is more than one common pleas in the district. 326. Appeals in contested elections of judges. 327. Appellants. Hearing. 328. Court below to find the facts, and decide the law arising thereon. 329. Duties of the supreme court. (5.) OF SENATORS AND REPRESENTATIVES. 330. Contested elections of senators and representatives. 331. Petition and proceedings thereon. Notice. Oath to petition. Parties. 332. Powers of the court. 333. Judgment. 334. Copy to be presented to the speaker. Party aggrieved may petition the proper house. To be referred to the standing committee on elections. Resolution to receive a majority of the whole house. (6.) OF COUNTY AND TOWNSHIP OFFICERS. 335. Contested elections of county and township officers. (7.) GENERAL PROVISIONS. 336. Testimony in cases of contested elections. Copies of papers. Examiners. 337. Payment of costs. 338. Reporters may be appointed. Printing. 339. How court to be composed, where a judge is disqualified. Powers and duties. 340. Proceedings to be commenced by petition. Form thereof. Amendments. By whom to be signed. Affidavit thereto. Presentation of petition. Notice. 341. Witnesses not to be excused from testifying. 342. Payment of costs of contested elections. 343. Governor to commission persons returned elected. Commission to contestant. 344. Repealing clause. 345. Receiver to be appointed, on contested elections, in Philadelphia. Security. 346. Receiver to account. Appeals. 347. Powers of the court. 348. Power to issue commissions, and appoint examiners. 349. Costs. 350. Execution. 351. When ballots appear to have been defective, election may be declared invalid. 352. Governor to issue writ for new election. I. Assessors. P. L. 8. 1. The qualified voters of every borough and township in the commonwealth 14 Feb. 1889 § 1. of Pennsylvania, shall on the third Tuesday of February, Anno Domini one thou- When assessors to sand eight hundred and eighty-nine, and triennially thereafter, vote for and elect be elected in bora properly qualified person for assessor in each of said districts, who shall serve oughs and townfor three years.(i) ships. 2. When any borough has been or shall be divided into wards, the qualified voters of each of such wards shall severally elect, at the times aforesaid, a properly qualified person as assessor for said ward.(k) 3. The assessors elected pursuant to the provisions of this act shall perform all the duties of assessors under the laws of this commonwealth, as well those relating to elections as to the valuation of property.(1) 8 May 1889 § 1. on division of Duties. 14 Feb. 1889 § 4. 4. Whenever the commissioners of any county shall, under existing laws, appoint a person to fill the office of assessor, such person shall serve until the next election for assessors, as provided by this act.(m) All laws inconsistent Term. herewith are hereby repealed. P. L. 8. 16 June 1891. P. L. 298. 5. The qualified voters of every election district in boroughs and townships in the commonwealth of Pennsylvania wherein more than one election district is authorized, and where but one assessor for valuation of taxable property resides Election of assistin the borough or township having more than one election district, shall on the ant assessors. third Tuesday of February, Anno Domini one thousand eight hundred and ninetytwo, and annually thereafter, elect a properly qualified person for assistant assessor in each of said election districts, who shall perform all the duties relating to elections now required to be performed by assessors in boroughs and townships having but one election district. In case of a vacancy in said office, the court of quarter Vacancies. sessions, or any judge of the said court of the same county, shall appoint a person to fill such vacancy. All acts and parts of acts inconsistent herewith be and the Repeal. same are hereby repealed. tions. 6. It shall be the duty of said assessors respectively to attend at the place of 2 July 1839 § 59. holding every general, special or township election, during the whole time said P. L. 531. election is kept open, for the purpose of giving information to the inspectors and Assessors to be judge, when called on, in relation to the right of any person assessed by them to present at elecvote at such election, or such other matters in relation to the assessment or voters, as the said inspectors or judge, or either of them, shall from time to time require; for which attendance said assessor shall be entitled to the sum of one dollar per Their compensaday, to be paid as officers of election are paid by law; and when the township is tion for the same. divided for which said assessor is elected, he shall attend at the election district in which he resides, and is entitled to vote.(n) P. L. 40. 7. The assessors shall each receive the same compensation for the time neces- 30 Jan. 1874 § 18. sarily spent in performing the duties hereby enjoined, as is provided by law to assessors making valuations, to be paid by the county commissioners, as in other Compensation of cases; and it shall not be lawful for any assessor to assess a tax against any person assessors. whatever within sixty-one days next preceding the annual election in November; No tax to be any violation of this provision shall be a misdemeanor, and subject the officer so sixty-one days of offending to a fine, on conviction, not exceeding one hundred dollars, or to impris- election. onment not exceeding three months, or both, at the discretion of the court. assessed within P. L. 44. election duties. 8. The assessors directed to be appointed and elected by the 14th and 15th 13 Feb. 1874 § 1. sections of the act, approved the 30th day of January, Anno Domini 1874, are hereby declared to be assessors only to perform such duties as are now required by Assessors not to law of assessors, incident to the holding of elections and registration of voters; perform other than and that the office of assessor for purposes of valuation with all the duties incident thereto shall continue and remain as now provided for by law: Provided, That in townships, boroughs and wards composing but one election district, the Exceptions. assessors for purposes of valuation shall be assessors for the holding of elections and the registration of voters. P. L. 54. 9. The assessors of the city of Philadelphia shall not assess any poll or personal 6 April 1870 § 5. tax for election purposes, but all such tax shall be assessed, in the several election divisions in the said city, by the canvassers of said divisions, and shall be paid Assessment of to the receiver of taxes of the said city, or to his agents specially appointed by poll-tax. him to receive the same: Provided, That owners of real estate or personal property, who shall have paid a state or county tax upon the same, within two years of any election, which shall have been assessed at least ten days before such election, shall not be required to pay any additional tax to entitle them to the privilege of electors. (i) The office of assistant borough assessor was abolished by this act. Wood v. Armstrong County, 12 C. C. 289. (k) This is an amendment of the second section of the act 14 February 1889, P. L. 8. (1) This is an amendment of the third section of the act 14 February 1889, P. L. 8. (m) This act is constitutional so far as it relates to townships and boroughs not divided into wards. A township assessor appointed to fill a vacancy holds for the unexpired portion of the three-year term. Commonwealth v. Coleman, 9 C. C. 90. (n) Repealed as to Bradford, Wyoming, Tioga, Susquehanna, Wayne, Montgomery and Clinton counties, by act 9 April 1844. P. L. 220. |