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SECTION

MANDAMUS (Continued)

may be issued to compel proper officer to swear in person

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will lie to compel election officers to perform certain min-
isterial duties....

also to compel obedience to judgment of ouster..
also to compel an appointment to office.....

328

320, 329

330

will lie to compel the performance of ministerial duties....
may compel, but not control, the exercise of discretionary
powers....

331

331, 332

decision of canvassing officers will not be collaterally re-
viewed in mandamus proceedings.....

333

will not lie to control board in deciding certain questions..
effect of granting to compel issuing of commission....334, 335, 337
will lie to compel registration of legal voter....

333

336

also to compel a declaration of result of election......
general rules as to mandamus proceedings in election cases

337

338

will not in general lie to compel issuing of commission to a

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for representatives in congress, power of congress to regu-

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cannot accept an office under U. S. without vacating his

seat.

member elect may hold disqualifying office..

MENTAL CAPACITY OF VOTER

241, 242

241

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55

56

95

granted by clerk without order of court, void..

admission of voter concerning...

voter cannot generally be required to produce certificate of
at polls.....

NATURALIZED CITIZEN

children of, born abroad are citizens...
NECESSITY

for adjournment of election, who to judge
may justify change of place of election

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.....

115

NEW JERSEY CASE IN CONGRESS

erroneous rule laid down in..

218

NOTE

given for a wager void except in hands of innocent holder.
given upon contract to influence elections...

150

193

NOTICE

of election.....

of special election....

want of, must in general have changed the result.....

to the great body of voters, necessary

of election, to fill vacancy.

NOTICE OF CONTEST

must be given in time......

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....

.138, 139, 176

276

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OFFICE

qualifications for, not covered by certificate of election.....
want of qualifications for, may be shown in prima facie case
should not be left vacant pending contest...

qualifications for, how fixed..............

where the holder of is presumed to reside..

vacancy in, appointment to fill

when vacated by acceptance of another office

vacancy in, power to fill, does not imply power to create
abandonment of

dueling as a disqualification for

alien may not hold, but may be elected to.

prima facie right to (see chap. 4)

OFFICER

executive cannot consider questions of fraud......

SECTION

223

222

204

226

230

237

238

251

253

256

258

213, 554

236

when an officer may hold until successor is qualified...........
abandons his office by accepting another incompatible office 241, 242
appointed during good behavior cannot be removed without
notice and trial

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authorized to take testimony in contested election cases in
congress, derives authority from act of congress........
all chosen at same election must be voted for at same time
OFICERS OF ELECTION

their qualifications, powers and duties (see chap. 2)
canvassing, their duties ministerial .

they cannot reject returns

314

163

....

.75, 76, 77, 78, 79

81, 554

81, 554

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required to send abstract of return may send original.

99

163

174, 554

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SECTION

OFFICERS OF ELECTION (Continued)

failure to take oath......

305

their civil liability for misconduct in office (see chap. 11)

for what acts liable in damages....

494

in general guided by statutory directions......

501

offer of voter to take oath generally entitles him to vote... 501, 502
in what cases officer may reject vote after voter has taken
oath

501

officer liable for omitting name of voter from the list..
statements of voter as to his residence....
when liable for exemplary damages....

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proof that officers knew voter differed from them in politics
presumption of good faith, when question decided is diffi
cult and doubtful

506

507

distinction between fraud by them and by others
misconduct of, that will vitiate return....
what acts of, will constitute fraud......
what may be included in officers certificate..
OPENING AND CLOSING POLLS

rules concerning........

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ORGANIZATION

of legislative bodies (see chap. 12)

ORGANIZED TERRITORY

when abolished by the formation of a state within its limits

173

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PLACE OF HOLDING ELECTIONS (see chap. 3)

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change of, from necessity..

place and time are of the substance of the election..

when governor may fix ....

PLURALITY

generally sufficient to elect...

POLICE REGULATIONS
concerning elections....

POLLING PLACES

evils resulting from overcrowding..

remedy by multiplication of..

POLLS

115

135

176

197

190

558

559

how long to be kept open

....

103, 140

PRACTICE IN CONTESTED ELECTION CASES

once regularly closed cannot be re-opened..
when to be kept open from sun rise to sun set.

effect of deviation from hours fixed for opening and closing
rules as to opening, keeping open, and closing..

POPULAR VOTE

what questions may be decided by

(see chap. 6, also see evidence, illegal votes, jurisdiction,
mandamus, injunction, quo warranto, equity.)

information in nature of quo warranto.

103

140

140

142

..152, 547, 548, 549

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vote of acting Vice President Wade, on impeachment of
President Johnson

268

what information for quo warranto must show..

269

importance of showing for whom illegal votes were cast...

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