« AnteriorContinuar »
ing thereon, be deemed and held as a performance in law of such act; and the person so offering and failing to vote, and being otherwise qualified, shall be entitled to vote in the sume manner and to the same extent as if he had in fact performed such act.” .
Under this statute it would seem that any of the fol. lowing classes, whose names do not appear on the final register, would be entitled to vote for representative in congress.
1. One whose name appeared on the poll-list at the last preceding general annual election.
2. One whose name was properly on the preliminary or final register, but through mistake or design was left off the final register.
3. One who had properly appeared before the board for registry, and complied with, or offered to comply with, the requirements entitling him to be registered.
False personation in voting.
SEC. 738. An elector properly registered can not be deprived of his vote by reason of the false personation of one who has appeared and voted in his stead. There may be a question of identity — this being settled, the real elector is entitled to have his ballot deposited. Who may challenge.
SEC. 739. Any qualified voter in any city, and any supervisor of election, may challenge and contest the right of any person to vote at any poll within the city, whether the person so challenging reside in the district or not. $$ 166, 587, ante.
Naturalization. See, also, SS 602-607, ante.
SEC. 740. The applicant must have resided in the United States, for the continued term of five years next preceding his admission, and one year at least within the State or Territory where the court is held that admits him. Two years at least before his admission, he must declare, on oath, or affirmation, before a court of record, having common-law jurisdiction, and a seal and clerk, or before a circuit or district court of the United States, his intention to become a citizen, etc. If the applicant was a minor, under the age of eighteen years when he came to the country, this previous declaration of intention is dispensed with, and he is entitled to be admitted after he has arrived at the age of twenty-one years, if he has resided five years in the United States, including the three years of his minority, and has continued to so reside up to the time when he makes his application. By act of congress, approved July 17, 1862, aliens of the age of twenty-one years and upward, who have enlisted in the armies of the United States, in the regular or volunteer forces, and have been honorably discharged, are entitled to become citizens of the United States upon petition, without previous declaration of intention. Aliens, under such circumstances, are not required to prove more than one year's residence within the United States. This act materially alters the previous laws, but does not in any manner do away with the necessity of procuring regular naturalization papers. By act of congress June 7, 1872, seaman of foreign birth, who have declared intention to become citizens, may be naturalized after three years' service on merchant ships.
United States supervisors to challenge.
Sec. 741. It is the duty of each United States supervisor to challenge every voter whom he shall know or suspect not to be duly qualified as an elector. $ 587, ante.
Sec. 742. The inspectors and supervisors of election, marshals and their deputies, have the same power to preserve order on election day as is given them on days of registry. See $$ 276–278, 171, 189, 448, 537, 591, ante.
Ballots in each and every box to be scrutinized and canvassed by United States supervisors.
Sec. 743. Section 2018, title 26, United States laws (8 588, ante), directs that the said supervisors of election are, and each of them is, thereby required, in their or his respective election districts or voting precincts, to per. sonally scrutinize, count and canvass each and every bal
sonally ve election districtsereby required, if
lot in their or his election district or voting precinct cast, whatever may be the indorsement on said ballot, or in whatever box, it may have been placed or be found.
And section 2019 of the same act (8 589, ante) authorizes and directs “each of the supervisors, at the closing of the polls, to place themselves or himself in such position in relation to the ballot-boxes for the purpose of engaging in the work of canvassing the ballots in said boxes contained, as will enable them or him to fully perform the duties in respect to such canvass provided in this act, and shall there remain until every duty in respect to such canvass, certificates, returns and statements, shall have been wholly completed, any law of any State or Territory to the contrary noturithstanding."
United States supervisors to attest the truth of the statement made by the inspectors.
SEC. 744. Section 2018, R. S. U. S. (8 588, ante), directs supervisors of election to attach to the registry list, and any and all copies thereof, and to any certificate, statement or return, whether the same, or any part or portion thereof, be required by any law of the United States, or of any State, territorial, or municipal law, any statement touching the truth or accuracy of the registry, or the truth or fairness of the election and canvass, which the supervisors of the election, or either of them, may desire to make or attach, or which should properly and honestly be made or attached, in order that the facts may become known. $ 588, ante.
Special United States deputy marshals.
SEĆ. 745. The appointment of special deputy marshals is provided for in section 2021, R. S. U. S. ($ 591, ante), and it is their duty to aid and assist the supervisors in the performance of their duties.
Persons arrested to be taken forthwith before commissioner.
Sec. 746. Section 2023, R. S. U.S. (8 593, ante), provides that whenever any arrest is made under any provision of this act, the person so arrested shall forthwith be brought before a commissioner, judge, or court of the United States, for examination of the offenses alleged against him, and such commissioner, judge, or court, shall proceed in respect thereto as authorized by law in case of crimes against the United States. United States supervisors to make report to chief supervisor.
SEC. 747. When in any election district or voting precinct in any city or town, for which there have been appointed supervisors of election for any election at which a representative or delegate in congress is voted for, the supervisors of election are not allowed to exercise and discharge, fully and freely, and without bribery, solicitation, interference, hindrance, molestation, violence or threats thereof, on part of any person, all the duties, obligations and powers conferred upon them by law, the supervisors of election shall make prompt report, under oath, within ten days after the day of election, to the chief supervisor of elections. $ 590, ante.