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ELIGIBILITY TO OFFICE, AND TENURE. (Continued)

SECTION.

acceptance of seat in congress vacates office previously held 243
how member of congress may resign.......
residence and citizenship as a qualification for office..
qualifications of senators in congress....

......

244

245

246

tenure of office of senator in congress under appointment. 247, 248
who an inhabitant of the state so as to be a member of

congress....

foreign minister an inhabitant of his state.

power to fill, does not imply power to create a vacancy.........
governor cannot conclusively determine that vacancy exists
what officers may appoint deputies.....

legislature cannot change constitutional qualification....
abandonment of an office.....

249

250

251

251

252

252

253

officer appointed during good behavior, how removed..
conviction of crime, when it vacates office..
dueling as a disqualification for office.....

254

255

256

vacancy cannot be anticipated by appointing power.

257

alien not eligible to hold office, but may be elected....
election must be for full term....

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conflicting decisions as to its validity......... 17a, 451, 452, 453, 454
proof required, to sustain an indictment under..

434

EQUITY

will not enjoin use of certificate of election by the holder..
when it will relieve against election fraud...

220

458

EVIDENCE OF CITIZENSHIP

what can be required of voter at the polls...

35

EVIDENCE IN CONTESTED ELECTION CASES. (see chap. 6)

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how such presumption is overcome.

ordinary rules, apply in election cases...

extension of time for taking testimony when granted to

sitting member of congress.

showing required to procure such extension..

294

306

310

310, 311

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what evidence is admissible to show for whom illegal votes

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proof to rebut presumption that a foreigner who votes is
naturalized..

appointment of messenger to deliver statement of vote,

how proved....

illegal voter, not protected by the secret ballot....

party having proof must produce it.......

legal voter may waive privilege and testify for whom he
voted ....

proof required to exclude an entire poll

census of population as evidence...

land list as evidence......

294

296

297, 301

300

301

...303, 304

.351, 352, 355

352, 355

testimony taken out of time in a contest in congress...
proof that persons have voted who are unknown in the pre-

354

....

cinct......

356

record evidence, how produced in a contested election case
in congress.

362

what proof will vitiate a return

365

state law fixing rule of evidence not binding in congress...

369

what is sufficient proof of illegality of vote...

371

residence, how proven.............

371

weight to be given to decision of board admitting a vote...

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will follow State in construing State laws.....
FEDERAL OFFICE

313

qualifications for, how fixed....

226

FEES AND EMOLUMENTS

when to be recovered by successful contestant....
FIFTEENTH AMENTMENT TO CONSTITUTION

effect of on State laws regulating suffrage......

FOREIGN MINISTER

remains an inhabitant of his own country..

FOREIGN STATE

effect of annexation upon its citizens..

FORMAL NOTICE OF ELECTION
when required.....

FRAUD

308

1, 2

250

151

116, 117, 118

in naturalization proved by parol...........

21, 457

cannot be investigated by canvassing or executive officers. 83, 213
fraudulent refusal to fix suitable voting places..

101

of election officers

.........

184, 185

upon federal election may be punished under act of congress

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dangers attending application of the rule upon this subject
parol proof to impeach return.

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distinction between fraud by officers and by other persons.
what misconduct of officers fatal to return

441

442

allowing unauthorized persons in room with officers......
legal voters cannot safely decline to vote because illegal
votes are received....

443

444

those who may, and do not vote, bound by the result..
votes must be cast in manner provided by law........
where the great body of voters have no opportunity to vote,
election void

445, 446

446

447

in what cases those who attend and vote have right to decide

448

SECTION.

FRAUD AND ILLEGAL VOTING. (Continued)

circumstances tending to show fraud..

punishment of, under act of congress.

conflicting decisions as to the validity of the "enforcement
act" of congress.

449, 450
451

.17a, 452, 453, 454

455

456

458

441

457

what acts of election officers will constitute fraud.....
when legal vote can be ascertained and counted...

when equity will relieve against election frauds..

fraud committed by officers of election..
fraudulent naturalization confers no right...

GENERAL ELECTION

G.

effect of statute fixing, as the time for choosing certain
officers....

GOVERNOR OF STATE

not an election officer within meaning of act of congress..
may certify to election of representative in congress...
power and duties under election laws......

cannot create a vacancy in office and fill it without specific
authority...

187

207

......

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may be required to answer in quo warranto and defend his
title....

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208

342

343, 394

346

345

347

no person can have more than one, at same time....

HOUSE OF REPRESENTATIVES U. S.

will not in prima facie case look behind certificate of election
but will consider all that appears therein..
erroneous rule followed by, in a few cases.

but not adhered to......

credentials required to establish right to seat prima facie.......
practice in contested election case in, conformed to state

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requisite of notice of contest under act of congress.

need not name illegal voters..

primary return may be sent for....

sitting member must use diligence in preparing tor trial...

SECTION

HOUSE OF REPRESENTATIVES U. S. (Continued)
act of congress to regulate the taking of testimony not
binding upon..............

not bound by technical rules.

statute directory only......

348, 349

349

349

but is followed as a convenient rule......

349

may upon its own motion inquire as to the due election of
a member................

350

rules governing pleading, and practice in contested election
cases in ......

394

statute relating to election of members of (appendix p. 486)
statute concerning contested election in (appendix p. 488)

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but an enfeebled intellect may not disqualify...

they as well as lunatics disqualified at common law....

ILLEGAL VOTER

50

73

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cannot be compelled to disclose his ballot until it is shown
to be illegal...............

301

may decline to answer on ground that to do so would crim-
inate him......

301

name of, need not be given in petition..

815

ILLEGAL VOTES

when it does not appear for whom they were cast, how
treated....

.298, 299, 300

party having proof within his reach as to how such votes

were cast, must produce it......

300

that such were cast will not vitiate election if they do not

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