P. L. 541.

40. No body of troops in the army of the United States, or of this common- 2 July 1839 § 95. wealth, shall be present, either armed or unarmed, at any place of election within this commonwealth, during the time of such election: Provided, That nothing Troops not to be herein contained shall be so construed as to prevent any officer or soldier from present at place of exercising the right of suffrage in the election district to which he may belong, if otherwise qualified according to law.(b)

election.

41. No public elections shall be held in any room any part of which is used for 19 May 1887 § 2. the sale of liquors, if it be possible to obtain another room for that purpose in P. L. 126. the vicinity, and it shall be the duty of the court of quarter sessions, or any law Not to be held judge thereof, to inquire, upon the petition of five or more citizens resident in the where liquors are election district, whether any such rooms are now designated as polling places, Duty of the courts. and in such cases to select other places for holding the elections.

VI. Election days.

sold.

General election.

42. The general election shall be held annually on the Tuesday next following Const. art. 8 § 2. the first Monday of November; but the general assembly may by law fix a different day, two-thirds of all the members of each house consenting thereto. 43. All elections for city, ward, borough, and township officers, for regular terms of service, shall be held on the third Tuesday of February.(c)

VII. Time of opening and closing polls.

Ibid. § 3.

Municipal elec-
tions.

44. At all elections hereafter held under the laws of this commonwealth, the 80 Jan. 1874 § 5. polls shall be opened(d) at seven o'clock A.M., and closed at seven o'clock P.M.

VIII. Sheriff's proclamation.

P. L. 34. From 7 A.M. to 7 P.M.

P. L. 419.

45. It shall be the duty of the sheriff of every county, at least ten days before 10 June 1898 § 10. any general election to be held therein, to give notice of the same by proclamation, posted up in the most public places in every election district, or by advertisements Sheriff's proclamain at least two newspapers, (e) if there be so many published in the county, repre- tion. See amendment senting so far as practicable the political parties which at the preceding election 26 June 1895, cast the largest and next largest number of votes, and in every such proclamation P. L. 392, or advertisement shall, Supp. 2568.

I. Enumerate the officers to be elected and give a list of all the nominations Contents of proclamade as provided in this act, and to be voted for in such county as far as may be mation. in the form in which they shall appear upon the ballots, and the full text of all constitutional amendments submitted to a vote of the people, but the proclamations posted in each election district need not contain the names of any candidates but those to be voted for in such district.

II. Designate the place at which the election is to be held.

III. He shall give notice that every person, excepting justices of the peace, who shall hold any office or appointment of profit or trust under the government of the United States, or of this state, or of any city, or incorporated district, whether a commissioned officer or otherwise, a subordinate officer or agent who is or shall be employed under the legislative, executive or judiciary department of this state, or of the United States, or of any city, or incorporated district, and also that every member of Congress and of the state legislature, and of the select or common council of any city, or commissioners of any incorporated district, is by law incapable of holding or exercising at the same time the office or appointment of judge, inspector or clerk of any election of this commonwealth, and that no

(b) See Bright. Elect. Cas. 603.

(c) Commonwealth v. McCarthy, 3 W. N. C.477. The act 13 May 1887, § 17, P. L. 108, forbids the furnishing by sale, gift or otherwise of any liquors on election days; the act 23 May 1893, P. L. 111, declares each election day to be a half holiday from twelve o'clock noon until midnight, and the act 31 May 1893, P. L. 188, makes the general election day in November a whole holiday.

(d) Delay in opening the polls, in consequence of inability to organize the board, until after the time prescribed by law, does not necessarily vitiate the election. Er parte Walker, 3 Luz. L. Reg. 130. So, the closing of the poll during the dinner-hour will not vitiate. Fry v. Booth, 19 Ohio St. 25. If one of the officers absent himself, after the poll is opened, the others may proceed. Gibbons v. Sheppard, 2 Brewst. 2. Thompson v. Ewing, 1 Ibid. 68. It is a sufficient ground to set aside an election, that the polls were closed at an earlier hour than prescribed by law. Penn District Election, 2 Pars. 526. So also, if they were opened at a much later hour than the time prescribed by law. Melvin's Case, 68 P. S. 333. But it is no objection, if the polls are closed at the proper hour, that a number of voters were in attendance

whose votes were thereby excluded. Clark's Case, 2 Pars. 525. Where a poll is kept open after the proper hour, and the number of votes polled afterwards can be clearly ascertained, if the whole of those votes could not change the result, the election will not for that cause be set aside; but where the majority is small, and the result rendered doubtful, by uncertainty as to the number of votes polled after the legal hour, the election must be set aside. Locust Ward Election, 3 Clark 11. And see Scranton Borough Election, Bright. Elect. Cas. 445. Batturs v. Megary, 1 Brewst. 162. Gibbons v. Sheppard, 2 Ibid. 1. Pratt v. People, 29 Ill. 54. People v. Cook, 8 N. Y. 67. Bright. Elect. Cas. 451.

(e) The act of 23 June 1885, P. L. 144, made it the duty of the sheriff to publish his proclamation once a week in not more than four weekly or daily newspapers published in the county, one to be in the German language, and the first insertion to be at least twenty days before the election. Under that act, it was held, that the sheriff could not bind the county by authorizing the publication in more than four newspapers. Bartholomew v. Lehigh County, 148 P. S. 82.

10 June 1893 § 10. inspector, judge or other officer of any such election shall be eligible to any office to be then voted for, except that of an election officer.(g)

P. L. 419.

2 July 1839 § 96. P. L. 541.

46. In all cases where a sheriff is directed to perform any duty by the provisions of this act, and said sheriff is absent from the district, or there is any vacancy in Coroner to perform said office, the duty directed to be performed by the sheriff, shall be done and duties of sheriff in performed by the coroner of the proper county, who shall be entitled to the same fees and subject to like penalties.

certain cases.

Const. 1874,

art. 8. § 14.

Constitutional pro

vision.

30 Jan. 1874 § 15. P. L. 39.

inspectors and

IX. Election officers.

47. District election boards shall consist of a judge and two inspectors, who shall be chosen annually by the citizens. Each elector shall have the right to vote for the judge and one inspector, and each inspector shall appoint one clerk. The first election board for any new district shall be selected, and vacancies in election boards filled, as shall be provided by law. Election officers shall be privileged from arrest, upon days of election, and while engaged in making up and transmitting returns, except upon warrant of a court of record or judge thereof, for an election fraud, for felony, or for wanton breach of the peace. In cities, they may claim exemption from jury duty during their terms of service.

48. At the election to be held on the third Tuesday of February next, and at the election annually thereafter, there shall be elected in each election district in Election of judges, the state, as well in those wherein the registration of voters has heretofore been made by officers appointed, and not chosen by the people to perform the duty, as in all others, one person as judge and two inspectors, in conformity with the general laws of the commonwealth, to conduct the elections for one year, and also an assessor, who shall perform the duties incident to elections as required by the provisions of this act.

assessors.

2 July 1839 § 3. P. L. 519.

49. The qualified citizens of the several wards, districts and townships shall meet in every year, at the time and place of holding the election for constable of such be held and officers ward, district or township, and then and there elect, as hereinafter provided, two inspectors and one judge of elections.

When elections to

to be elected.

Ibid. § 4.

How judges and inspectors to be voted for.

Ibid. § 7.

50. Each of such qualified citizens shall vote for one person as judge, and also for one person as inspector of elections, and the person having the greatest number of votes for judge shall be publicly declared to be elected judge, and the two persons having the greatest number of votes for inspectors shall, in like manner, be declared to be elected inspectors of elections.

51. Where any township has been, or shall be, divided in forming an election district, the qualified citizens of each part of such divided township, shall severally Where township is elect, in the manner and at the time and place aforesaid, two inspectors for each of said several election districts, and shall also elect one person to serve as judge of the officers to be chosen elections in each district, to perform the duties enjoined by the 6th section of this

divided, election

for each district.

Ibid. § 14.

All elections to be

conducted by the

officers so chosen.

Ibid. § 92. Their compensation.

Const. art. 6 § 15.

Qualifications of election officers.

act.

52. The general, special, city, incorporated district and township elections, and all elections for electors of president and vice-president of the United States, shall be held and conducted by the inspectors and judges elected as aforesaid, and by clerks appointed as is hereinafter provided.

53. Every judge, inspector and clerk as aforesaid, shall receive the sum of one dollar and fifty cents, except the city and county of Philadelphia, where they shall receive two dollars each, (h) for every day employed in the duties required of him by law, in conducting the general, special or township elections, to be paid by the treasurer of the proper county, on orders to be drawn upon him by the commissioners; which allowance shall be in full for his services and expenses other than the mileage hereinafter allowed, and in lieu of all kinds of refreshment which may have been customary to provide, and no such expense for refreshment shall be paid or allowed by the commissioners of any county.

54. No person shall be qualified to serve as an election officer who shall hold, or shall, within two months, have held any office, appointment or employment in or under the government of the United States or of this state, or of any city or county, or of any municipal board, commission or trust, in any city, save only justices of the peace and aldermen, notaries public, and persons in the militia service of the state; nor shall any election officer be eligible to any civil office, to be filled at an election at which he shall serve, save only to such subordinate municipal or local offices, below the grade of city or county offices, as shall be designated by general

law.

(g) This act is a rescript of the act 2 July 1839, P. L. 521, which was repealed by the act 19 June 1891, § 37, P. L. 349, which also repealed the act 2 February 1854, § 29, P. L. 38, relating to sheriffs' proclamations in Philadelphia and the duties of the county commissioners.

(h) By act 1 May 1852, § 17-18, the judges, clerks and inspectors of elections, in Philadelphia, are to receive four dollars each as a full compensation for

all services; and the return-judges the additional sum of two dollars each. P. L. 871. And by act 18 April 1853, § 14, the compensation of the judges, inspectors and clerks is increased to five dollars each. P. L. 824. And see act 25 January 1853, § 1, as to Carbon county, P. L. 8; act 15 April 1869, as to Northampton county, P. L. 982; and act 26 February 1872, as to Allegheny county, P. L. 158.

P. L. 419.

55. Every person, excepting justices of the peace, who shall hold any office or 10 June 1898 § 10. appointment of profit or trust under the government of the United States or of this state, or of any city or incorporated district, whether a commissioned officer Incompatible or otherwise, a subordinate officer or agent who is or shall be employed under the offices." legislative, executive or judiciary department of this state or of the United States, or of any city or incorporated district, and also that every member of congress and of the state legislature and of the select or common council of any city or commissioners of any incorporated district is, by law, incapable of holding or exercising at the same time the office or appointment of judge, inspector or clerk of any election of this commonwealth, and that no inspector, judge or other officer of any such election shall be eligible to any office to be then voted for, except that of an election officer. (i)

P. L. 411.

56. The 13th section of the act, passed July 2d, 1839, entitled "An act relating 16 April 1840 § 4. to the elections of this commonwealth," shall not be so construed as to prevent any militia officer or borough officer from serving as judge, inspector or clerk, at any general or special election in this commonwealth.(k)

P. L. 726.

57. All persons acting as judges and inspectors of the general election in the 28 April 1851 § 6. city and county of Philadelphia may be re-elected, any law to the contrary notwithstanding.

58. No person shall be disqualified from serving as an election officer or canvasser by reason of his employment (in the city of Philadelphia) in any subordinate position in any public office. (1)

6 April 1870 § 3. P. L. 54. Subordinate officers eligible in Philadelphia.

18 May 1898. P. L. 101.

59. In all election districts where a vacancy exists by reason of the disqualification of the officer, or by removal, resignation, death or other cause, in an election board heretofore elected or appointed, the judge or judges of the court of common Vacancies to be pleas of the proper county, upon proof furnished that such vacancy or vacancies filled by the common pleas. exist, shall at any time before any general, municipal or special election appoint competent persons to fill said vacancies to conduct the election in said districts, and in the appointment of inspectors in any election district both shall not be of the same political party, and the judge of election shall in all cases be of the polit- Political qualificaical party having the majority of votes in said district as nearly as the said judge tion. or judges can ascertain the fact, and in case of the disagreement of the judges as to the selection of inspectors, the political majority of the judges shall select one of such inspectors and the minority judge or judges select the other.(m)

6 June 1898. P. L. 824.

decided.

60. From and after the passage of this act, in all township elections of this commonwealth for judges of the general and township elections where a tie shall exist in the said election for judges, the inspector who shall have the highest number Tie vote for judge of votes in said election shall appoint a judge for that purpose. And where ties of elections; how shall exist in said election for judges and also for two inspectors, the two candidates who received the same number of votes for inspector shall determine by lot which of them shall be the majority inspector, and the other candidate shall be the minority inspector, and the person so determined to be the majority inspector shall appoint a judge of elections. (n)

2 Feb. 1854 § 81.

P. L. 38.

61. The court of common pleas of Philadelphia county is hereby vested with power to settle summarily any question that may arise concerning the officers to conduct said elections, and also to direct, according to the true intent and spirit of Common pleas to this act, which set of election officers shall act as aforesaid in any case or exigency settle summarily which may arise or exist, not provided for by this act; and any vacancy that shall all disputes concerning officers. exist and continue for half an hour after the earliest time fixed by law for opening polls shall be filled in the manner now provided by law.

P. L. 969.

62. Whenever thirty citizens of any ward, in the city of Philadelphia, shall 17 April 1866 § 1. present a petition to the court of common pleas of the said city, setting forth that in any election division of said ward the inspectors of elections or the return in- Where inspectors spectors are of the same political party, and have been chosen or elected in viola- are of the same political party. tion of the spirit and intention of the several acts of assembly regulating elections, verified by the oaths or affirmations of any two of thein, it shall be the duty of the said court to grant a rule on the officers returned, chosen or elected for such division to show cause, if any they have, why the selection of such election officers should not be set aside; and if, upon the investigation of the matters set forth in the said petition, they shall be found to be true, it shall be the duty of said court to set aside the selection of such officers, and to appoint a judge and two inspectors,

(i) This provision is a rescript of the act 2 July 1839, § 13, P. L. 521, which was repealed by the act 19 June 1891, § 37, P. L. 349, which also repealed the act 2 February 1854, § 29, P. L. 38, relating to sheriffs' proclamations in Philadelphia and the duties of the county commissioners. Under the act of 1839, it was held, that while no candidate could be an officer at an election and the election as to him might be set aside on that account, yet it did not affect the election of other candidates for different offices where there was no charge of fraud or improper conduct. Boileau's Case, 2 Pars. 503.

(k) A candidate for a township office, or for judge

or inspector of elections, is competent to act as judge or inspector of his own election. Case of Passyunk Township, Com. Pleas, Phila., December 1847. MS. See infra 57; and Matter of Election Officers, 2 Brewst.

133.

(1) The offices of school director and judge of election are not incompatible. Dauphin County Election, 11 Phila. 645.

(m) This is an amendment of the act 30 January 1874, § 6. P. L. 39.

(n) This is an amendment of the act 4 March 1842, § 84, P. L. 53, which supplied the act 13 June 1840, § 3. P. L. 683.

P. L. 969.

17 April 1866 § 1. to serve in such election division for the next election and until others are duly elected or chosen; said appointments may be made from any part of the ward in which such election division is located; and the officers so appointed shall have and exercise the same powers and duties, and be liable to the same penalties as officers elected by the qualified voters now are.

2 July 1839 § 15.

P. L. 521.

X. Meeting of election board.

63. The inspectors and judges, chosen as aforesaid, shall meet at the respective places appointed for holding the election in the district to which they respectively When and where belong, before [seven] o'clock in the morning of the second Tuesday of October, election officers to in each and every year; and each of said inspectors shall appoint one clerk, (0) who shall be a qualified voter of such district.

meet.

Ibid. § 16.

inspectors to be
supplied.
And of judges.

64. In case the person who shall have received the second highest number of How vacancies of votes for inspector, shall not attend on the day of any election, then the person who shall have received the second highest number of votes for judge at the next preceding election, shall act as an inspector in his place; and in case the person who shall have received the highest number of votes for inspector shall not attend, the person elected judge shall appoint an inspector in his place; (p) and in case the person elected a judge shall not attend, then the inspector who received the highest number of votes shall appoint a judge in his place; (g) and if any vacancy (r) shall continue in the board for the space of one hour after the time fixed by law for the opening of the election, the qualified voters of the township, ward or district, for which such officer shall have been elected, present at the place of election, shall elect one of their number to fill such vacancy.

Ibid. § 17.

And of clerks.

2 July 1889 § 18. P. L. 521.

be sworn.

By whom.

Ibid. § 19. Form of inspector's oath.

65. In case any clerk, appointed under the provisions of this act, shall neglect to attend at any election during said year, it shall be the duty of the inspector who appointed said clerk (or the person filling the place of such inspector) to forthwith appoint a suitable person as clerk, qualified as aforesaid, who shall perform said duties for the year. (s)

XI. Oath of election officers.

66. The inspectors, judges and clerks aforesaid shall, before entering on the duties of their offices, severally take and subscribe the oath or affirmation hereinafter Election officers to directed, which shall be administered to them by any judge, alderman or justice of the peace, but if no such magistrate be present, one of the inspectors of the election shall administer the oath or affirmation to the other judge and inspector, and then the inspector so qualified shall administer the oath or affirmation to him. 67. The following shall be the form of the oath or affirmation to be taken by each inspector, viz.: “1, (A. B.) do that I will duly attend to the ensuing election during the continuance thereof, as an inspector, and that I will not receive any ticket or vote from any person, other than such as I shall firmly believe to be, according to the provisions of the constitution and the laws of this commonwealth, entitled to vote at such election, without requiring such evidence of the right to vote as is directed by law, nor will I vexatiously delay or refuse to receive any vote from any person whom I shall believe to be entitled to vote as aforesaid, but that I will in all things truly, impartially and faithfully perform my duty therein, to the best of my judgment and abilities; and that I am not, directly or indirectly, interested in any bet or wager on the result of this election."

(0) The clerk, when appointed, is an annual officer, and the inspector cannot remove him, except for some disqualifying cause. Anon., Com. Pleas, Phila., March 1852. MS. See infra 65.

(p) A person appointed to fill a vacancy in the office of inspector, in place of the one elected by the people, and who failed to appear and act at a general election, holds the office only pro hac vice, and is not entitled to act at a succeeding election at which the regularly-elected inspector appears and claims his seat. Case of Penn District Election, Bright. Elect. Cas. 523 n. And see People v. Cook, 8 N. Y. 67, 88. The contrary doctrine, however, is held by the present court, who have ruled that a person so appointed is entitled to act for the whole year. Anon., Com. Pleas, March 1852. MS.

(9) Where an election judge appointed a person inspector in the place of the one who received the highest number of votes, he being absent, and the judge subsequently removed from the ward; held, that the inspector so appointed had power to make an appointment to fill the vacancy in the office of judge. Penn District Election Case, Com. Pleas, Phila., 7 Dec. 1847. MS. A judge who has removed cannot appoint a return-inspector; the persons at the poll must elect one. Thompson v. Ewing, 1 Brewst. 69.

(r) Upon the division of an election district, the functions of the election officers are destroyed, and

cannot be exercised in either of the new election districts into which the old one is divided. The official functions of local officers fall with the political annihilation of the locality for which they were chosen or appointed. Penn District Election Case, Bright. Elect. Cas. 517. North Whitehall v. South Whitehall, 3 S. & R. 121. And see Election of School Directors, 11 Phila. 300.

(s) Where one of the clerks, by intoxication, was unable to continue his labors, and another person was called to act in his place, but was not sworn, and continued to officiate until the regular clerk was able to resume his duties, the court refused to set an election aside on that ground, there being no allegation of fraud or mistake in conducting the election. Boileau's Case, 2 Pars. 503. Thompson v. Ewing, 1 Brewst. 69. Weaver v. Given, Ibid. 140. It is a general rule of elections, that mere irregularities which do not tend to affect results, are not to defeat the will of the majority. But where the law has prescribed a time and place of election, and designated the officers who are to conduct it, a majority may not set up other officers and hold a separate election. Juker v. Commonwealth,-20_P. S. 493. People v. Cook, 8 N. Y. 69. Thompson v. Ewing, 1 Brewst. 67. Seibel's Case, 2 Luz. L. Reg. 19. Pittston Borough Election, 3 Ibid.

13.

P. L. 521.

68. The following shall be the oath or affirmation of each judge, viz.: "I, 2 July 1839 § 20. (A. B.) do - that I will as judge duly attend the ensuing election during the continuance thereof, and faithfully assist the inspectors in carrying on the same; that I will Form of judge's not give my consent that any vote or ticket shall be received from any person other than oath. such as I firmly believe to be, according to the provisions of the constitution and laws of this commonwealth, entitled to vote at such election, without requiring such evidence of the right to vote as is directed by law, and that I will use my best endeavors to prevent any fraud, deceit or abuse, in carrying on the same by citizens qualified to vote, or others, and that I will make a true and perfect return of the said election, and will in all things truly, impartially and faithfully perform my duty respecting the same, to the best of my judgment and abilities; and that I am not, directly or indirectly, interested in any bet or wager on the result of this election."

Ibid. § 21.

Form of clerk's

69. The following shall be the form of the oath or affirmation to be taken by each clerk, viz.: "I, (A. B.) do - that I will impartially and truly write down the name of each elector who shall vote at the ensuing election, which shall be given me in charge, oath. and also the name of the township, ward or district wherein such elector resides, and carefully and truly write down the number of votes that shall be given for each candidate at the election, as often as his name shall be read to me by the inspectors thereof, and in all things truly and faithfully perform my duty respecting the same to the best of my judgment and ability; and that I am not, directly or indirectly, interested in any bet or wager on the result of this election.".

Ibid. § 22.

Oaths to be sub

70. It shall be the duty of the said clerks forthwith to make out two copies of the forms of each of the said oaths or affirmations, which shall be severally subscribed by each of the inspectors, judges and clerks, and the said oaths or affirma- scribed and certions shall be certified under the hands of the persons by whom they shall be tified. administered.

elections to take

71. The inspectors, judge and clerks, required by law to hold township and 18 June 1840 § 8. general elections, shall take and subscribe the several oaths and affirmations, re- P. L. 690. quired by the 19th, 20th and 21st sections of the act of the second day of July Officers of town1839, entitled "An act relating to the elections of this commonwealth," which ship and general oaths or affirmations shall be prepared and administered in the manner prescribed the same oath. in the 18th and 22d sections of said act; and in addition to the power conferred by the 18th section of said act, the judge, or either or the inspectors, shall have power to administer the oaths prescribed by said act, to any clerk of a general, special or township election.

P. L. 34.

72. In addition to the oath now prescribed by law to be taken and subscribed by 30 June 1874 § 8. election officers, they shall severally be sworn or affirmed not to disclose how any elector shall have voted, unless required to do so as witnesses in a judicial proceed- Oaths of election ing.(t) All judges, inspectors, clerks and overseers of any election held under this officers. act shall, before entering upon their duties, be duly sworn or affirmed in the pres

ence of each other. The judge shall be sworn by the minority inspector, if there How administered. shall be such minority inspector, and in case there be no minority inspector, then by a justice of the peace or alderman; and the inspectors, overseer and clerks shall be sworn by the judge; certificates of such swearing or affirming shall be duly made out and signed by the officers so sworn, and attested by the officer who administered the oath. If any judge or minority inspector refuses or fails to swear Penalty for acting the officers of election in the manner required by this act, or if any officer of elec- without oath. tion shall act without being first duly sworn, or if any officer of election shall sign the form of oath, without being duly sworn, or if any judge or minority inspector shall certify that any officer was sworn, when he was not, it shall be deemed a misdemeanor, and upon conviction, the officer or officers so offending shall be fined not exceeding one thousand dollars, or imprisoned not exceeding one year, or both, in the discretion of the court.

XII. Duties and powers of election officers.

P. L. 34.

73. At the opening of the polls, at all elections, it shall be the duty of the 30 Jan. 1874 § 8. judges of election for their respective districts, to designate one of the inspectors, whose duty it shall be to have in custody the registry of voters, and to make the Duties of inentries therein required by law; and it shall be the duty of the other of said in- spectors. spectors, to receive and number the ballots presented at said election.

74. It shall be the duty of each inspector who shall receive the ticket of an 2 July 1839 § 70. elector, to call out aloud the name of such elector, which shall be entered by the P. L. 582. clerks in separate lists, and the name shall be repeated by each of them, and the Mode of receiving inspector shall insert the letter V in the margin of the alphabetical list, opposite and recording to the name of such elector; and if such elector shall have been sworn or affirmed, votes. or produced a certificate or other evidence as before provided, of having been naturalized, the inspector shall also note the same in the margin of such list; and where proof of residence is made, shall also note the same of the person making such proof.

75. The judges of the elections, within the limits of their respective wards, dis

(t) See McCann v. Shonk, 7 Leg. Gaz. 95.

2 July 1839 § 6. P. L. 520.