SECTION QUALIFICATIONS, POWERS AND DUTIES OF effect of certificate signed by part of the members of a such officers may be punished for false certificate. 98 99 governor not an election officer....... fraudulent refusal to fix suitable voting places. 99 101, 102 officers must keep polls open as long as law requires. have no power over ballot when once deposited cannot multiply voting places.. QUALIFICATIONS OF VOTERS (see chap. 1) how fixed effect of fifteenth amendment upon. 103 103, 105 104 106 107 108 1 2 but may prescribe rules for the orderly exercise of the right but must not go beyond regulation effect of a disregard of registry law. effect of denial of registration.. effect of an offer to register wrongful refusal to permit registration. act of congress upon this subject............. duty of voter when refused registration... extent of power of congress to protect a citizen in the right 6 6 7 disfranchisement as a punishment for crime. right of voting and being voted for not the same dueling not an infamous crime under New York statute... persons exempted from taxation on account of poverty vote ....... ...... land ceded to the U. S. by state cannot vote vote test oath as a qualification. temporary absence of voter from his home. 19 20 ...... .22, 23, 24, 25 22232 20 20 21 26 ... QUALIFICATIONS OF VOTERS (Continued) and in all the proof the voter need produce... and all the judges of election can consider. what constitutes change of residence.... removal from one town to another in same county. right to vote lost when removal complete.. intention to remain necessary.. no person can have two residences. residence of a man's family... SECTION 34 34 35 35 35 36 36 37 .34, 38, 39, 40 38 40 40 40 residence once acquired, how lost. further discussion of residence (appendix, p. 496) soldier in U. S. army may vote at place of residence, but what is meant by ten days residence prior to election... idiots and persons non compos mentis cannot vote. inhabitants of annexed territory how they must qualify. residents within indian reservation cannot vote 46 46 48 state courts may refuse to naturalize when certificate of naturalization is void children of citizens born abroad are citizens. unmarried persons when "heads of families" an equitable interest in land not an "estate in freehold". qualifications for voting at special election.. legislature may prescribe proper questions to be answered 64, 66 residence in township 65 where no length of residence is fixed in the constitution 65 record of conviction of voter, when to be produced at the SECTION QUALIFICATIONS OF VOTERS (Continued) .... change of jurisdiction over place of voter's residence.... rule as to legislature attempting to add to the constitutional paupers excluded in some states. and persons under guardianship in others capacity to read and write required in Mass. Capacity to read in Connecticut 70 71 72 73 73 73 pardon by executive restores right to vote. 74 statutes relating to are mandatory 127 QUO WARRANTO. proper common law remedy to oust an usurper from office. 264 is the proper remedy where there are conflicting claims to 320 254 255 255a 255b 10, 11 67 100 533 559 conviction, when necessary to authorize.. power of, when incident to power of appointment. REGISTRATION consequences of a denial of, to legal voter. cannot be set aside by executive.. list, may be copied for convenience. how set aside by Governor.. complete, recommended. REGISTRY LAW may be enacted by State legislature.... but must not unnecessarily impair the right to vote when it does not apply to special election.. registry list prima facie evidence only... REGULATION of elections for representatives in Congress. statutory, necessary concerning elections.. of senatorial elections.... power of Congress to alter State. REMOVAL of voter from one district to another. with family.. REPRESENTATIVES IN CONGRESS manner of their election election by State at large. election of, in anticipation of admission of new State. no valid election without time and place are fixed by law.. qualifications for.... cannot be required to reside in any particular part of dis- acceptance of incompatible office by how he may resign... RESIDENCE AS A QUALIFCATION FOR OFFICE SECTION 17 69 121 201 143 6 36 143 144 172 177 178 227 227 243 244 in a particular place, cannot be required of a member of of office holder, where presumed to be. when no length of is fixed in constitution, none can be re- upon lands ceded to the United States may not vote.. upon military reservations in territory, may vote. SECTION RESULT when it cannot be ascertained with reasonable certainty, election void..... RETURN cannot be rejected by canvassing board... but such board must decide what is a. canvassers cannot go behind may be made out of time.. not conclusive..... when a partial, is bad... may be impeached and rejected... duplicates, may differ slightly.... may be certified by majority of board.. if irregularly transmitted must be proven genuine. ...... courts go behind to correct errors 182 81, 554 82, 554 84, 554 145 145 155 156 157 158 160 166 174 must be signed...... 174, 274 when rejected, vote must be otherwise proved.. .174, 302, 436 175 when to be set aside for disregard of law... 199 219 failure to make in one, out of many, precincts.. when a disregard of the election law, will vitiate.. ...... many votes as were in fact given to a particular candi- if set aside, no votes not otherwise proven can be counted. 305 386 391 presence of unauthorized persons in room with officers.... 443 442 RETURNED MEMBER cannot vote upon his own case in legislative body...... 267 when he may give casting vote..... 45 RIGHT TO OFFICE PRIMA FACIE (See Chapter 4.) |