PRACTICE IN CONTESTED ELECTION CASES SECTION (Continued) must be according to statute.... 285a turn ... when jury trial may be refused.. failure of officers of one out of many precincts to make re- constitutionality of statute dispensing with jury. jurisdiction of legislature over election of its own members when an entire poll should be rejected...... failure of officers of election to take the oath required... extension of time to take testimony, not readily granted to great diligence must be shown, and names of witnesses federal authorities will follow state in construing state laws 286 288 289 ........ how far practice in congressional cases conform to state 342 requisites of notice of contest under act of congress of 343 need not name illegal voters.. 344, 347 incumbent must use diligence in preparing for trial. 347 act of congress to regulate taking of testimony not abso- 348, 349 house of representatives not bound by technical rules.... 349 349 but should be followed as a rule.. 349 house may, on its own motion, investigate the election of a 350 will construe liberally the act in relation to contested elec- 353 when notice may be amended 353 when notice must be served..... 354 how service of notice proved under act of congress.. 358 359, 360 364 365 cases where it appears that all the votes are not correctly 366 where the place of the election was not designated........ 867 PRACTICE IN CONTESTED ELECTION CASES distinction between setting aside the return and setting aside the election.... SECTION. 368 courts will not interfere in legislative contest. 373 but will by mandamus compel the issuance of credentials.. 373 374 courts may compel contested election board to organize and 375 such a board must be wholly free from interest.... 376 rule for computing time within which notice must be given 377 378 continuance in contested election cases not granted as in contested election case, how compromised or settled... 381 382 383 verification of petition in contested election cases in Pa.... 384 385 return may be impeached by calling voters to contradict its 886 governor of a state may be required to answer in quo war- 389 trial by jury, can it be denied in an election case? quere.... act of congress regulating proceedings in contested election PRIMA FACIE RIGHT TO OFFICE (see chap. 4) 204 danger of disregarding credentials 204 form of credentials...... 205 majority of returning board may certify result of full can- PRIMA FACIE RIGHT TO OFFICE (Continued) congress..... executive or ministerial officer cannot consider questions of SECTION 211, 212 213 cases where neither claimant holds credentials. 214 credentials necessary in general to admit claimant to office in advance of investigation 215 house of representatives will not in prima facie case look 216 but will consider what appears upon the face of credentials 216, 217 217 erroneous and dangerous rule laid down in the New Jersey equity will not enjoin the use of a certificate of election by 220 the only remedy is by contest at law. 220 221 questions as to qualification not settled by credentials...... 222 222, 223 222, 223 case of Hunt vs. Chilcott.. 224 claimant bound by evidence offered by him outside of his 224 where recitals in certificate show that claimant was not 226 PRESUMPTION that persons voting without complying with statute are not 62 in favor of certain official acts. 87 as to residence of office holder.... PRIMARY ELECTION OR CONVENTION not necessary to prove that officers conducting election were 459 nor to allege that the district where the election was held is 460 nor that the election was a meeting of duly qualified inhab- 461 variance between allegation and proof.... 462 what is meant by wilfully voting without proper qualifica- 463 the burden of proof as to residence, what will change it... 464 evidence that party consulted counsel as to his right to vote, &c. ... 465 officer not liable for honest error. 466 proper to look at the character of the question decided by 467 double voting an offense at common law 468, 469 470 not necessary to state in indictment what officers were to be 471 circumstances showing a fraudulent voting away from resi- 472 evidence that defendant consulted "friends" not admissible 473 474 whether defendant must be shown to have known himself statements of voter made at the polls to the judge, held not necessary to advise defendant of the particular charge irregularities in conduct of election no defense to indict- 480, 481 483 indictment for illegal voting must specify place of voting.. 484 ment for illegal voting.. 485 PROSECUTIONS FOR VIOLATION OF ELECTION ...... SECTION 486 487 489 a person convicted of crime when a minor cannot plead mi- PUBLIC POLICY 546 192 of time and place of election must be made when required Q. QUALIFICATIONS FOR OFFICE the question not covered by certificate of election..... 118 222 222 222, 223 226 for members of congress, cannot be added to by state...227, 228, 252 241, 242 one year's residence and citizenship. 245 of senators in congress.. 246 when fixed by constitution, legislature can add nothing may perform certain official acts after time fixed by law.... division of election district, effect upon officers thereof.... an adjournment sine die dissolves election board.... |