2 July 1839 § 6.

P. L. 520.

Judges to decide

case of disagreement of the inspectors.

Ibid. § 68. From whom

in

tickets may be received.

2 Jan. 1874 § 17. P. L. 40.

tricts or townships, shall have power, and are hereby required to decide on the qualifications of any person claiming to vote at any election, whenever the inspectors thereof shall disagree upon the right of such person to vote, but not otherwise; and the inspectors thereof shall, upon such decision, forthwith receive or reject the vote of such person, as the case may be.

76. No inspector shall receive any ticket from any person other than an elector residing within the township, ward or district for which such inspector shall have been elected or appointed.

77. The respective assessors, inspectors and judges of the elections, shall each have the power to administer oaths to any person claiming the right to be assessed, Power to adminis- or the right of suffrage, or in regard to any other matter or thing required to be done or inquired into by any of said officers, under this act; and any wilful false swearing by any person in relation to any matter or thing, concerning which they shall be lawfully interrogated by any of said officers or overseers, shall be perjury.

ter oaths.

Penalty for false swearing.

18 June 1840 § 7. P. L. 686.

Duties of county commissioners.

To furnish ballot

XIII. Duties of county commissioners.

78. The commissioners of every county within this commonwealth shall, on or before eight of the clock in the morning of the day of every general, special, electoral and township election, and at the times hereinafter specified, perform the following duties:

79. I. At elections, as aforesaid, they shall cause to be delivered to one of the boxes and blanks. inspectors of every election district, within their respective counties, a sufficient number of boxes to contain the tickets (unless the same has already been provided for said township), blank forms of election oaths, tally-papers, and returns made out in a proper manner, and headed as the nature of the election may require.

To furnish copy of duplicate of taxables at certain elections.

30 Jan. 1874 § 24. P. L. 42.

11 April 1848 § 5. P. L. 476.

Commissioners to furnish lists of per

sons assessed who have not paid a tax

within two years.

2 Feb. 1854 § 29. P. L. 38.

To put voting place in order.

17 April 1869 § 41. P. L. 65.

taxes to be fixed.

80. II. At special, electoral and township elections, they shall, in addition to the foregoing, deliver to the aforesaid inspectors certified copies, under seal of office, of the duplicate copies delivered them to file in their respective offices, by the respective assessors of wards, townships, incorporated districts and boroughs within their respective counties, pursuant to the directions and provisions contained in the 5th section of this act; also a sufficient number of blank forms of certificates of election, for each person elected to any office voted for at township elections.(u)

81. All the duties imposed by this act upon county commissioners, shall be performed, in the city of Philadelphia, by the city commissioners.

82. The county commissioners of the city and county of Philadelphia be and they are hereby directed and required, upon the application of any inspector of elections of any ward or district in the city or county aforesaid, to furnish the said inspector with a certified copy of all persons assessed in the ward or district to which the said inspector belongs, who have not paid a state or county tax for two years preceding such application: Provided, That nothing in this section shall be construed to disqualify any person from voting, whose receipt for state or county tax may bear a date subsequently to the making out of said list.(v)

83. The city commissioners shall have the respective places appointed for holding elections put in convenient and proper order for holding and conducting the same, shall furnish the election officers of each division with the necessary blanks, stationery, &c., (w) and a list of the taxable inhabitants of such division, and shall generally do and perform such duties appertaining to elections as they would be required by law and usage to perform, had the elections or election districts of said city not been changed or altered.

84. It shall be the duty of the councils of the city of Philadelphia to fix the amount of county tax to be assessed personally and annually on the qualified Rates of personal electors of the said city, at a rate sufficient to provide for the payment of all election expenses in the said city, and no part of said tax assessed and collected shall be applied to any other purpose; and the said councils shall appropriate annually Blanks, etc., to be a sufficient sum for the said purposes. And the city commissioners shall furnish all the books, blanks, stamps, stationery and materials necessary for the purposes of this act, which shall be paid for out of the appropriations to be made as aforesaid.

furnished.

(u) By act 11 March 1852, § 17, so much of this section "as requires county commissioners to furnish every election district with a list of the voters residing therein," is repealed, "so far as relates to township elections, in the county of Lancaster, and it shall be the duty of the inspectors to whom such lists are furnished at the general elections, to preserve the same for use at the township elections." P. L. 129. The provisions of the 17th section of the act 11 March 1852, are extended to the counties of Chester, Delaware, Montgomery, Cumberland, Fayette, Adams and Franklin, by act 17 March 1855, P. L. 99; to the counties of

Dauphin and Northumberland, by act 7 May 1855, P. L. 478; to the county of York, by act 16 March 1861, P. L. 148; to the county of Washington, by act 1 May 1861, P. L. 474; and to the county of Armstrong, by act 18 February 1869, P. L. 205. See act 1 April 1873, P. L. 475, as to Berks county.

(v) Quere? whether this section has not been impliedly repealed by subsequent enactments?

(w) They have power to purchase everything necessary for the accommodation of the persons employed in conducting the general election. Commonwealth v. Commissioners of Philadelphia, 2 S. & R. 193.

XIV. Right of suffrage.

85. Every male citizen, (x) twenty-one years of age, (y) possessing the following Const. art. vi. § 1. qualifications, shall be entitled to vote at all elections:

I. He shall have been a citizen of the United States at least one month. II. He shall have resided in the state one year (or if, having previously been a qualified elector or native-born citizen of the state, he shall have removed therefrom and returned, then six months) immediately preceding the election.(z)

III. He shall have resided in the election district(a) where he shall offer to vote,

at least two months immediately preceding the election.(b)

Qualifications of electors.

IV. If twenty-two years of age or upwards, he shall have paid, within two years, Const. art. vi. § 1. a state or county tax, which shall have been assessed at least two months, and paid at least one month before the election.(c)

Const. 1874 art. viii. § 5.

86. Electors shall in all cases, except treason, felony, and breach or surety of the peace, be privileged from arrest during their attendance on elections, and in going Electors privileged to and returning therefrom.

from arrest.

Ibid. § 6. Electors in mili

Ibid. § 8.

87. Whenever any of the qualified electors of this commonwealth shall be in actual military service, under a requisition from the president of the United States, or by the authority of this commonwealth, such electors may exercise the right of tary service. suffrage, in all elections by the citizens, under such regulations as are or shall be prescribed by law, as fully as if they were present at their usual places of election. 88. Any person who shall give, or promise, or offer to give, to an elector, any money, reward or other valuable consideration, for his vote at an election, or for Bribery of electors withholding the same, or who shall give, or promise to give, such consideration to to disqualify. any other person or party, for such elector's vote, or for the withholding thereof, and any elector who shall receive, or agree to receive, for himself or for another, any money, reward or other valuable consideration, for his vote at an election, or for withholding the same, shall thereby forfeit the right to vote at such election, and any elector whose right to vote shall be challenged for such cause, before the election officers, shall be required to swear or affirm that the matter of the challenge is untrue before his vote shall be received.

Ibid. § 9.

89. Any person who shall, while a candidate for office, be guilty of bribery, fraud or wilful violation of any election law, shall be forever disqualified from Bribery by candiholding an office of trust or profit in this commonwealth; and any person con- dates. victed of wilful violation of the election laws shall, in addition to any penalties provided by law, be deprived of the right of suffrage absolutely for a terni of four years.(d)

Ibid. § 13.

90. For the purpose of voting, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while employed Persons in service in the service, either civil or military, of this state or of the United States, nor of this state or while engaged in the navigation of the waters of the state or of the United States, United States. or on the high seas, nor while a student of any institution of learning, nor while kept in any poor-house or other asylum, at public expense, nor while confined in public prison.(e)

P. L. 55.

91. Citizens of this state temporarily in the service of the state or of the United 17 April 1869 § 19. States governments, on clerical or other duty, and who do not vote where thus employed, shall not be thereby deprived of the right to vote in their several elec- Citizens temporation districts, if otherwise duly qualified. rily in service.

P. L. 55.

92. So much of every act of assembly as provides that only white freemen shall 6 April 1870 § 10. be entitled to vote or be registered as voters, or as claiming to vote at any general or special election of this commonwealth, be and the same is hereby repealed; Suffrage extended and hereafter all freemen, without distinction of color, shall be enrolled and regis- to colored citizens.

(2) A female is not a qualified elector in this state. Burnham v. Laning, 9 Phila. 241.

(y) For the purpose of voting, a minor becomes of age on the day preceding the 21st anniversary of his birth. Ex parte Griffiths, 1 Kulp 157.

(z) The party must not only have actually resided in the state one year before tendering his vote, but such residence must have been with the intent to become a citizen of this state, and to abandon the citizenship the party may have previously had in another state. Anon., Com. Pleas, Phila., 3 November 1848. MS. See The Penelope, 2 Pet. Ad. Dec. 450. Casey's Case, 1 Ash. 126. White v. Brown, 1 Wall. Jr. C. C. 217. Commonwealth v. Jones, 12 P. S. 365. McDaniel's Case, 2 Clark 82.

(a) The term "election district," signifies any part of a city or county having fixed boundaries within which the citizens residing therein must vote. McDaniel's Case, 2 Clark 82. Students in an institution of learning may acquire a residence in the election district in which the same is located, so as to entitle them to vote therein. Lower Oxford Election, 11 Phila. 641. But they must show that they have

actually acquired such residence therein. Lower Merion Election, 1 Chest. Co. R. 257. Residents in an alms-house, under a contract of hire, have such residence as entitles them to vote, though they originally entered as paupers. Anon., 10 Phila. 213. Otherwise, of paupers who receive no wages, but merely perform certain services and are accorded certain privileges in return for their support. Conway v. Carpenter, 11 W. N. C. 169.

(b) This means two full calendar months. Reifsnyder v. Musser, 12 W. N. C. 155.

(c) The tax must have been personally assessed upon the voter. Catlin v. Smith, 2 S. & R. 267. And have been paid in money. Biddle's Case, 1 Cong. Elect. Cas. 512-13. But it need not be a poll-tax. Catlin v. Smith, 2 S. & R. 267. See Gillen v. Armstrong, 35 L. I. 282. Dauphin County Election, 11 Phila. 645. Connolly's Case, 5 W. N. C. 8. Payment of a mercantile tax is not a qualification. Conway v. Carpenter, 11 W. N. C. 169.

(d) See Commonwealth v. Walter, 83 P. S. 105. (e) Lower Oxford Election, 11 Phila. 641.

P. L. 55.

6 April 1870 § 10. tered, according to the provisions of the first section of the act approved April 17th, 1869, entitled "An act further supplemental to the act relative to the elections of this commonwealth," and shall, when otherwise qualified under existing laws, be entitled to vote at all general and special elections in this commonwealth: Provided, This act shall in no way reduce the compensation of the assessors of Philadelphia, which shall be one thousand dollars, as now established by law.

18 Feb. 1874 § 8. P. L. 45.

Certificates of

93. In all elections hereafter the certificate of naturalization, if genuine, shall be conclusive evidence of the facts mentioned therein; and where the person offering to vote claims the right on the payment of tax, the receipt for such tax, if naturalization and signed by the proper officer, shall be the evidence thereof; if such person does not produce such receipt, then the payment of the tax may be proved by the oath of such person, or other evidence, stating when, where and to whom such tax was paid.(g)

tax receipts to be evidence.

Other proof of payment of taxes.

24 March 1817 § 1.

6 Sm. 462.

Betting on elections prohibited.

2 July 1889 § 115. P. L. 544.

XV. Wagers on elections.

94., Wagering or betting on the event of an election, held under the constitution or laws of the United States, or the constitution or laws of this commonwealth, are hereby prohibited, and all contracts or promises founded thereon are declared to be entirely null and void. (h)

95. If any person or persons shall make any bet or wager upon the result of any election within this commonwealth, (i) or shall offer to make any such bet or Penalty for betting Wager, either by verbal proclamation thereof, or by any written or printed advertisement, challenge or invite any person or persons to make such bet or wager, upon conviction thereof, he or they shall forfeit and pay three times the amount so bet or offered to be bet.(k)

on elections.

Ibid. § 116.

Officers to prose

cute.

Grand juries to

present offenders.

Ibid. § 117. Vote of persons

96. It shall be the duty of every judge, sheriff, mayor, alderman, justice of the peace or constable, knowing of any person having offended against the provisions of the 115th section of this act, to commence proceedings against the person so offending; and it shall be the duty of the grand juries of the respective counties within this commonwealth to make a presentment of all such offences coming within their knowledge.

97. It shall be the duty of the inspectors and judge of the election to reject the votes of all persons, who they, or any of them, shall know, or who shall be proven before them to have made, or who are in any manner interested in any bet or wager on the result of said election; and on the request of any qualified elector, said inspectors and judges shall receive proof to show the person so offering to vote may receive proof. has or has not made any such bet or wager, or is or is not interested therein.(1)

interested to be rejected.

Election officers

Ibid. § 118. Directors of the poor to sue for and

such wagers.

98. It shall be the duty of the several constituted authorities having care and charge of the poor in the respective counties, districts and townships in this commonwealth, knowing or being informed, under oath, of any person or persons recover amount of having made any bet or wager of any land, goods, money or thing of value, on the result of any election within this commonwealth, or deposited the same in the hands of any person within their respective counties, districts or townships, to bring suit in the name of the commonwealth of Pennsylvania, for the use of the poor of such county, district or township, against such depositee or stakeholder, where said bet is deposited in the hands of a third person; or against the party winning said bet, when the same is not so deposited, for the recovery of the amount so bet; and if, on the trial, it shall be made to appear, that said lands, goods, money or thing of value was bet on the result of any election within this commonwealth, said guardians, directors or overseers of the poor shall be entitled to recover the amount or value thereof for the use of the poor, from said stakeholder, or person

(g) A certificate of naturalization cannot be impeached collaterally. Commonwealth v. Sheriff, 1 Brewst. 183. Commonwealth v. Snowden, Ibid. 218. Commonwealth v. Paper, Ibid. 263. Commonwealth v. Leary, Ibid. 270. Moran v. Rennard, 3 Ibid. 601. But see Conway v. Carpenter, 11 W. N. C. 169. Monti v. Barber, 1 Del. Co. R. 222. Where the naturalization results from that of the parent, the parent's certificate must be produced. Price v. Barber, 13 L. I.

110.

(h) The act was intended to avoid all bets, paid or unpaid, and to suppress anything connected with the subject: it cannot, therefore, be eluded by an ap pended agreement which would give to an actual wager the similitude of something else. Wagonseller v. Snyder, 7 W. 343. Nor can ingenuity invent any mode of evidencing such a contract, so that it can be enforced by law. Lloyd v. Leisenring, 7 W. 294. Money deposited in the hands of a stakeholder cannot be recovered back, in a joint action by the contributors. Mytinger v. Springer, 3 W. & S. 405. Williams v. Nickins, 2 Clark 128. And if paid to the winner, a creditor of the loser cannot recover it back by attachment. Speise v. McCoy, 6 W. & S. 485. Money lent in New Jersey, to bet on the presidential election,

may be recovered in Pennsylvania, in the absence of any proof that betting on elections is against the law of New Jersey. Scott v. Duffy, 14 P. S. 18. A wager as to who will be president of the United States, is a wager upon the event of an election. Commonwealth v. Davis, 3 Leg. & Ins. R. 18. See Bright. Elect. Cas. 728-37. And such bet is illegal, though made after the closing of the polls. Directors of the Poor v. Phipps, 1 Chest. Co. R. 25.

(i) This does not include a wager on the result of a primary election. Commonwealth v. Wells, 17 W. N.C. 164.

(k) For form of indictment, see Sherban v. Commonwealth, 8 W. 212. A bet on the result of an election in another state is not within the penal provisions of this act. Siegel v. Funk, 3 Pitts. 28.

(7) It seems, that this section is in violation of the constitution. McCafferty v. Guyer, 59 P. S. 109, 112. It was so decided by ALLISON, P. J., in the common pleas of Philadelphia, in Clothier's Case, 2 Chest. Co. R. 55. So, an act which provided that an elector who had removed from his district, within ten days of the election, might vote in the district from which he had removed, was held to be unconstitutional. Thompson v. Ewing, 1 Brewst. 103.

liable.

winning said bet, where there is no stakeholder: Provided, Said suit is brought 2 July 1889 § 118. within two years from the time of making such bet.(m) And the stakeholder is P. L. 544. hereby prohibited, during said time, to pay over the amount so bet to either the Limitation. parties, and shall be liable for the same, whether such bet is paid over or delivered Stakeholder to be to the parties, or either of them, or not, and the party winning shall in like manner be liable to the payment of the whole amount so bet, where the same is received by him; and said bet, or the value thereof, may be recovered as debts How recoverable. of like amount are by law recoverable. And if said guardians, directors or overseers of the poor shall neglect or refuse to bring such suit, they shall be guilty of Penalty for nega misdemeanor in office, and on conviction, shall be fined in any sum not less than lect. the amount so bet, nor more than double the amount.

XVI. Non-registered voters.

P. L. 532. Proof to be pro

years of age.

99. No person shall be admitted to vote whose name is not contained in the 2 July 1839 § 65. list of taxable inhabitants furnished by the commissioners, as aforesaid, unless, 1st: He produce a receipt for the payment within two years of a state or county duced where electtax, assessed agreeably to the constitution, and give satisfactory evidence, either or's name is not on on his own oath or affirmation, or the oath or affirmation of another, that he has the list of taxables. paid such tax, or on failure to produce a receipt, shall make oath to the payment 1. Payment of tax. thereof, or, 2d: If he claim a right to vote by being an elector between the ages 2. That he is beof twenty-one and twenty-two years, he shall depose, on oath or affirmation, that tween 21 and 22 he has resided in the state at least one year next before his application, and make such proof of residence in the district as is required by this act, and that he does verily believe, from the accounts given him, that he is of the age aforesaid, and give such other evidence as is required by this act; [whereupon the name of the How such person's person so admitted to vote shall be inserted in the alphabetical list by the inspec- vote to be recorded. tors, and a note made opposite thereto by writing the word "tax," if he shall be admitted to vote by reason of having paid a tax, or the word "age," if he shall be admitted to vote on account of his age,] and in either case, the reason of such vote shall be called out to the clerks, who shall make the like notes in the list of the voters kept by them.

Ibid. § 66.

How proof of resi

list, or his vote is

100. In all cases where the name of the person claiming to vote is not found on the list furnished by the commissioners and assessor, or his right to vote, whether found thereon or not, is objected to by any qualified citizen, it shall be the duty dence to be made of the inspectors to examine such person on oath as to his qualifications, and if where elector's he claims to have resided within the state for one year or more, his oath shall be name is not on the sufficient proof thereof;(n) but he shall make proof by at least one competent challenged. witness, who shall be a qualified elector, that he has resided within the district for more than ten days next immediately preceding said election; (o) and shall also himself swear that his bonâ fide residence, in pursuance of his lawful calling, is within the district, and that he did not remove into said district for the purpose of voting therein.

101. Every person qualified as aforesaid, and who shall make due proof, if required, of his residence and payment of taxes, as aforesaid, shall be admitted to vote in the township, ward or district in which he shall reside.

Ibid. § 67.

Electors to vote in the proper district.

80 Jan. 1874 § 10.

102. On the day of election, (p) any person whose name shall not appear on the registry of voters, and who claims the right to vote at said election, shall produce P. L. 35. at least one qualified voter of the district as a witness to the residence of the What proof to be claimant in the district in which he claims to be a voter, for the period of at made by persons least two months immediately preceding said election, which witness shall be whose names are not upon the lists. sworn or affirmed, and subscribe a written or partly written and partly printed affidavit to the facts stated by him, (q) which affidavit shall define clearly where

(m) This is a condition, not a limitation; if the directors of the poor do not sue within two years, the losing party may recover back his deposit from the stakeholder. Forscht v. Green, 53 P. S. 138. But the record must show that the two years have expired. Parker v. Morrison, 26 Pitts. L. J. 85.

(n) The election officers are concluded by the answers of the party offering to vote, as to his residence in the state; but they have the right to obtain from him full answers upon the question, and if not satisfactory, the vote should be rejected. Anon., Com. Pleas, Phila., 3 November 1848. MS. See People v. Pease, 27 N. Y. 45.

(0) If the name of one offering to vote is not found on the assessor's list, it is the duty of the inspectors to demand proof, by at least one competent witness, who is a qualified voter, that he has resided in the district for more than ten days. Kneass's Case, 2 Pars. 553, 580-1. An action cannot be maintained against an inspector for refusing a vote, unless on proof of malice. Weckerly v. Geyer, 11 S. & R. 35. Commonwealth v. Sheriff, 1 Brewst. 183. Commonwealth v. Lee, Ibid. 273. Moran v. Rennard, 3 Ibid.

601. See Bright. Elect. Cas. 190-6. The vote of an elector, not upon the registry list, cannot be received, without the form of proof required by the act. Such vote is illegal, when tendered, and cannot be shown to be a legal one, on a subsequent investigation into the election of the person returned. This construction in no way infringes the constitutional rights of the voter. McDonough's Case, 15 W. N. C. 49. Marks v. Park, 7 Leg. Gaz. 70. Sheppard's Case, 2 Brewst. 1. Duffy's Case, 4 Ibid. 531. This doctrine was first enunciated by the editor, in a report to the select council of the city of Philadelphia, as chairman of the special committee on the election of E. S. Miller, in 1863. Though severely criticised at the time, on partisan grounds, it has since been adopted both by the courts and the legislature.

(p) The constitution, art. viii. § 2, provides, that the general election shall be held on the Tuesday next following the first Monday of November.

(9) Every vote received without such affidavit, from a person not on the registry, is illegal, and will be rejected in case of a contest. Duffy's Case, 4 Brewst. 531; Pittston Borough Election, 3 Luz. L. Reg. 10;

P. L. 35.

30 Jan. 1874 § 10. the residence is of the person so claiming to be a voter; and the person so claiming the right to vote shall also take and subscribe a written or partly written and partly printed affidavit, stating, to the best of his knowledge and belief, when and where he was born; that he has been a citizen of the United States for one month, and of the commonwealth of Pennsylvania; that he has resided in the commonwealth one year, or if formerly a qualified elector or a native-born citizen thereof, and has removed therefrom and returned, that he has resided therein six months next preceding said election; that he has resided in the district in which he claims to be a voter, for the period of at least two months immediately preceding said election; that he has not moved into the district for the purpose of voting therein; that he has, if twenty-two years of age, or upwards, paid a state or county tax within two years, which was assessed at least two months, and paid at least one month before the election; the said affidavit shall also state when and where the tax claimed to be paid by the affiant was assessed, and when and where, and to whom paid; and the tax receipt therefor shall be produced for examination, unless the affiant shall state in his affidavit that it has been lost or destroyed, or that he never received any; and if a naturalized citizen, shall also state when, where and by what court he was naturalized, and shall also produce his certificate of naturalization for examination.

Ibid.

By persons between the age of 21 and 22 years.

Ibid.

Affidavits to be filed.

103. But if the person so claiming the right to vote shall take and subscribe an affidavit that he is a native-born citizen of the United States, or, if born elsewhere, shall state the fact in the affidavit, and shall produce evidence that he has been naturalized, or that he is entitled to citizenship by reason of his father's naturalization, and shall further state in his affidavit, that he is, at the time of making the affidavit, of the age of twenty-one, and under twenty-two years; that he has been a citizen of the United States one month, and has resided in the state one year; or, if a native-born citizen of the state and removed therefrom and returned, that he has resided therein six months next preceding said election, and in the election district two months immediately preceding such election, he shall be entitled to vote, although he shall not have paid taxes.

104. The said affidavits of all persons making such claims, and the affidavits of the witnesses to their residence, shall be preserved by the election board, and at the close of the election, they shall be enclosed, with the list of voters, tally-list and other papers required by law to be filed by the return-judge with the prothonotary, and shall remain on file therewith, in the prothonotary's office, subject And names added to examination as other election papers are. If the election officers shall find that the applicant possesses all the legal qualifications of a voter, he shall be permitted to vote, and his name shall be added to the list of taxables, by the election officers, the word "tax," being added where the claimant claims to vote on tax, and the word "age," where he claims to vote on age; the same words being added by the clerks, in each case, respectively, on the lists of persons voting at such election.

to the lists.

Ibid. § 11. Challenges.

105. It shall be lawful for any qualified citizen of the district, notwithstanding the name of the proposed voter is contained on the list of resident taxables, to challenge the vote of such person, whereupon the same proof of the right of suffrage, as is now required by law, shall be publicly made and acted on by the election board, and the vote admitted or rejected, according to the evidence. What proof to be Every person claiming to be a naturalized citizen shall be required to produce made by challenged his naturalization certificate, at the election, before voting, except where he has

voters.

Naturalization certificates to be stamped.

a second time on the same certificate.

been for five years consecutively a voter in the district in which he offers his vote; and on the vote of such person being received, it shall be the duty of the election officers to write or stamp on such certificate the word "voted," with the day, Penalty for voting month and year; and if any election officer or officers shall receive a second vote on the same day, by virtue of the same certificate, excepting where sons are entitled to vote, because of the naturalization of their fathers, they and the person who shall offer such second vote shall be guilty of a misdemeanor, and on conviction thereof, shall be fined or imprisoned, or both, at the discretion of the court; but the fine shall not exceed five hundred dollars in each case, nor the imprisonment of one year. The like punishment shall be inflicted, on conviction, on the officers of election who shall neglect or refuse to make, or cause to be made, the indorsement required as aforesaid on said naturalization certificate.

Ibid. § 12.

Penalty for neglecting to demand the proof required by law.

106. If any election officer shall refuse or neglect to require such proof of the right of suffrage as is prescribed by this law, or the laws to which this is a supplement, from any person offering to vote, whose name is not on the list of assessed voters, or whose right to vote is challenged by any qualified voter present, and shall admit such person to vote, without requiring such proof, every person so offending shall, upon conviction, be guilty of a misdemeanor, and shall be sentenced, for every such offence, to pay a fine not exceeding five hundred dollars, or to undergo an imprisonment not more than one year, or both, at the discretion of the court.

Ibid. 13. McDonough's Case, 15 W. N. C. 49. Marks v. Park, 7 Leg. Gaz. 70. Sheppard's Case, 2 Brewst. 1. This act is constitutional and mandatory and must be complied with. Cusick's Election, 26 W. N. C. 425.