P. L. 83. frage at said election, and to examine his papers produced; and the officers of said 30 Jan. 1874 § 4. election are required to afford to said overseers, so selected and appointed, every convenience and facility for the discharge of their duties. And if said election Penalty for obofficers shall refuse to permit said overseers to be present, and perform their structing them. duties as aforesaid, such officer or officers shall be guilty of a misdemeanor, and on conviction thereof, shall be fined not exceeding one thousand dollars, or imprisoned not exceeding one year, or both, in the discretion of the court. Or, if the Poll may be reoverseers shall be driven away from the polls by violence or intimidation, all the jected. votes polled in such election district may be rejected by the proper tribunal trying a contest under said election, or a part or portion of such votes aforesaid may be counted, as such tribunal may deem necessary to a just and proper disposition of the case.(i) P. L. 419. 182. Each party which has by its primary meeting, caucus, convention or board, 10 June 1893 § 28. sent to the proper office a certificate of nomination, and each group of citizens which has sent to the proper office a nomination paper as provided in sections two Watchers. and three of this act, shall be allowed to appoint three electors to act as watchers in each voting place without expense to the county, one of whom shall be allowed to remain in the room outside of the inclosed space. Each watcher shall be provided with a certificate from the county commissioners, stating his name, the names of the persons who have appointed him and the party or policy he represents; and no party or policy shall be represented by more than one watcher in the same voting room at any one time. Watchers shall be required to show their certificates when requested to do so. XXIV. Duties of peace officers. P. L. 543. case of obstruction. 183. It shall be the duty of every mayor, sheriff, deputy-sheriff, alderman, justice 2 July 1889 § 111. of the peace, and constable or deputy-constable of every city, county and township or district within this commonwealth, whenever called upon by any officer of an Peace officers to election, or by any three qualified electors thereof, to clear any window, or avenue clear the poll in to any window, at the place of the general election, which shall be obstructed in such a way as to prevent voters from approaching the same;(k) and on neglect Penalty for negor refusal (so) to do, on such requisition, said officer shall be deemed guilty of a lect. misdemeanor in office, and on conviction, shall be fined in any sum not less than to preserve the one hundred, nor more than one thousand dollars. And it shall be the duty of Constables to be the respective constables of each ward, district or township within this common- presentat elections wealth, to be present in person, or by deputy, at the place of holding such elections peace. in said ward, district or township, for the purpose of preserving the peace as aforesaid. Ibid. § 112. Peace officers to 184. It shall be the duty of every peace officer as aforesaid, who shall be present at any such disturbance at an election as is described in this act, to report the same to the next court of quarter sessions, and also the names of the witnesses who can prove the same; and it shall be the duty of said court to cause indictments to be ances to the court. preferred before the grand jury against the person so offending. report disturb 185. If it shall be made appear to any court of quarter sessions of this common- Ibid. § 113. wealth, that any riot or disturbance occurred at the time and place of holding any Neglect to report election under this act, and the constables who are enjoined by law to attend at disturbances at such elections have not given information thereof, according to the provisions of election, to be a this act, it shall be the duty of said court to cause the officer or officers, so neglect- office. ing the duty aforesaid, to be proceeded against by indictment for a misdemeanor in office; and on conviction thereof, the said officer shall be fined in any sum not exceeding one hundred dollars. misdemeanor in Ibid. § 114. 186. It shall be the duty of the several courts of quarter sessions of this commonwealth, at the next term of said court after any election shall have been held Constables to be under this act, to cause the respective constables in said county to be examined examined on oath on oath, as to whether any breaches of the peace took place at the election within in relation thereto. their respective townships, wards or districts; and it shall be the duty of said constables respectively to make return thereof as part of their official return at said court.() 187. It shall not be lawful, on and after the passage of this act, for the sheriff of 24 March 1877 § 1. any county coextensive in boundaries with any city of the first class, to appoint (i) See Duffy's Case, 4 Brewst. 531. An entire division will not be thrown out, unless the disregard of law has been so fundamental, or so persistent and continuous, as to render it impossible to distinguish what votes were lawful and what were unlawful, or to arrive at any certain result whatever; or where the great body of the voters has been prevented, by violence, intimidation or threats, from exercising their franchises. Daly v. Petroff, 10 Phila. 389. Wheelock's Case, 82 P. S. 297. Melvin's Case, 68 Ibid. 333. And see Mann v. Cassidy, 1 Brewst. 11. Thompson v. Ewing, Ibid. 67. Batturs v. Megary, Ibid. 162. Sheppard's Case, 2 Ibid. 1. Gray's Case, 27 L. I. 181. P. L. 36. Sixteenth Ward Election, 34 Ibid. 97. Conway v. (k) In discharging this duty, the officer ought to give notice to the people to remove themselves, before proceeding to violent measures; but having given this notice, he has the right to use as much force as may be necessary to accomplish the object; and every citizen who is called upon to assist him is bound to do so. Commonwealth v. Hamilton, Lancaster Q. S. 22 January 1849. MS. (1) Repealed as to Bradford and Susquehanna counties, by act 19 March 1869. P. L. 441. 24 March 1577 § 1. any deputies to be present and act as such, for preserving the peace, or for any other purpose, at any election polls within said cities of the first class. (m) P. L. 36. Sheriff of Philadel phia not to appoint deputies to preserve the peace. 10 June 1893 § 28. P. L. 419. Police officers and constables to remain in voting room outside of guard-rail. 10 June 1893 § 30. P. L. 419. 188. It shall be the duty of the police officers, constables and deputy-constables now required by law(mm) to be present at the polls to remain within the voting room, but outside the guard-rail, while the votes are being counted, and to preserve order therein. No person except the said peace officers, when necessary for the preservation of the peace, or persons acting by their authority for the same end, shall enter the space within the guard-rail, or communicate with any election officer in any way after the polls are closed, and until the counting of the votes has been completed. XXV. Misdemeanors. (n) 189. A voter who shall allow his ballot to be seen by any person with an apparent intention of letting it be known how he is about to vote, or shall cast or Offences by voters. attempt to cast any other ballot than the official ballot which has been given to him by the proper election officer, or shall falsely declare to a judge of election that by reason of any disability he desires assistance in the preparation of his ballot, or shall wilfully violate any other provision of this act, or any person who shall interfere with any voter when inside said inclosed space, or when marking his ballot, or who shall endeavor to induce any voter before depositing his ballot to show how he marks or has marked his ballot, or who shall disclose the contents of any ballot that has been marked by his help, or who, except when lawfully commanded by a return-judge or a competent court, shall loosen, cut or unfasten the corner pasted down over the number on any ballot, shall be guilty of a misdemeanor, and upon conviction shall be sentenced to pay a fine not exceeding one hundred dollars, or to undergo an imprisonment for not more than three months, or both, at the discretion of the court. Penalty. Ibid. § 31. Destroying lists of of instructions to 190. Any person who shall, prior to an election, wilfully deface or destroy any list of candidates posted in accordance with the provisions of this act, or who, candidates or cards during an election, shall wilfully deface, tear down, remove or destroy any card of instruction, or specimen ballot, printed or posted for the instruction of voters, or be a misdemeanor. who shall, during an election, wilfully remove or destroy any of the supplies or conveniences furnished to enable a voter to prepare his ballot, or shall wilfully hinder the voting of others, shall be guilty of a misdemeanor, and upon conviction shall be sentenced to pay a fine not exceeding one hundred dollars, or to undergo an imprisonment for not more than three months, or both, at the discretion of the court. Penalty. Ibid. § 32. Destroying nomi nation papers to a misdemeanor. be Fraudulent certificates and papers. Penalty. Ibid. § 33. Public officers neg their duties to be guilty of a misde lecting to perform meanor. Penalty. Ibid. § 84. Printers violating this act in prepara- Penalty. Ibid. § 35. Possession of bal 191. Any person who shall falsely make or wilfully deface or destroy any certifi cate of nomination, or nomination paper, or any part thereof, or any letter of withdrawal, or file any certificate of nomination, or nomination paper, or letter of withdrawal, knowing the same or any part thereof to be falsely made, or suppress any certificate of nomination, or nomination paper, or any part thereof which has been duly filed, or forge, or falsely make the official indorsement on any ballot, or wilfully destroy or deface any ballot, or wilfully delay the delivery of any ballots, shall be guilty of a misdemeanor, and upon conviction shall be sentenced to pay a fine not exceeding one thousand dollars, or to undergo an imprisonment for not more than one year, or both, at the discretion of the court. 192. Any public officer upon whom a duty is imposed by this act, who shall negligently or wilfully fail to perform such duty, or who shall negligently or wilfully perform it in such a way as to hinder the objects of this act, or who shall negligently or wilfully violate any of the provisions thereof, shall be guilty of a misdemeanor, and upon conviction shall be sentenced to pay a fine not exceeding one thousand dollars, or to undergo an imprisonment for not more than one year, or both, at the discretion of the court. 193. Any printer employed by the commissioners of any county to print any official ballots, or any person engaged in printing the same, who shall appropriate to himself, or give or deliver or knowingly permit to be taken any of said ballots by any other person than such commissioners, or their duly authorized agent, or shall wilfully print, or cause to be printed any official ballot in any other form than that prescribed by such commissioners, or with any other names thereon, or with the names spelled otherwise than as directed by them, or the names or printing thereon arranged in any other way than that authorized and directed by this act, shall be guilty of a misdemeanor, and upon conviction shall be sentenced to pay a fine not exceeding one thousand dollars, or to undergo an imprisonment for not more than five years, or both, at the discretion of the court. 194. Any person other than an officer charged by law with the care of ballots, or lots by persons not a person entrusted by any such officer with the care of the same for a purpose rebe a misdemeanor. quired by law, who shall have in his possession outside the voting room any official entitled thereto to (m) Quære? as to the constitutionality of the act? It is certainly a local law, prescribing the powers and duties of county officers, in a single county. See Const. art. iii. §7; Davis v. Clark, 106 P. S. 377. (mm) A policeman has no business at the polls ex cept when specifically required. Petition of Director, 34 W. N. C.476. () For other misdemeanors against the election laws, see tit. "Crimes." ELECTIONS. P. L. 419. ballot, or any person who shall make or have in possession any counterfeit or an 10 June 1898 § 35. XXVI. Election expenses. 195. No person who shall hereafter be a candidate for the nomination, or for 18 April 1874 § 1. election to the senate or house of representatives, or to any office of the judiciary, P. L. 64. candidates for or to any state, municipal or county office in this commonwealth, shall pay or con- What expenses tribute, either directly or indirectly, any money or other valuable thing, or know- may be paid by ingly allow it to be done by others for him, either for the nomination, election or Candid appointment, except necessary expenses as follows, to wit: I. For printing and travelling expenses. II. For dissemination of information to the public. III. For political meetings, demonstrations and conventions. 196. The foregoing expenses may be incurred, either in person, or through other How to be inindividuals or committees of organizations duly constituted for the purpose, but curred. nothing contained in this act shall be so construed as to authorize the payment of money or other valuable thing for the vote or influence of any elector, either directly or indirectly, at primary, township, general or special elections, nominat ing conventions, or for any corrupt purposes whatever incident to an election. And all judicial, state, county and municipal officers hereafter elected shall, before Oath of office. entering upon the duties of their respective offices, take and subscribe the oath prescribed by section first, of article seven, of the constitution of this commonwealth. 197. Every person violating either of the provisions of this act shall be guilty of a misdemeanor, and on conviction, shall be subject to a fine not exceeding one thousand dollars, and to imprisonment not exceeding one year, or both, or either, tion. at the discretion of the court. XXVII. Return-judges. Ibid. § 2. Penalty for viola P. L. 38. common pleas. Duties of the judges. 198. At twelve o'clock on the said second day following any election, the pro- 30 Jan. 1874 § 18. thonotary of the court of common pleas shall present the said returns to the said court; in counties where there is no resident president judge, the associate judges Returns to be laid shall perform the duties imposed upon the court of common pleas, which shall con- before the court of vene for said purpose; the returns presented by the prothonotary shall be opened by said court and computed by such of its officers and such sworn assistants as the court shall appoint, in the presence of the judge or judges of said court, and the returns certified and certificates of election issued under the seal of the court The sessions of the as is now required to be done by return-judges; (o) and the vote as so computed and certified, shall be made a matter of record in said court. said court shall be open to the public. Ibid. Proceedings in case of alleged 199. And in case the return of any election district shall be missing when the returns are presented, or in case of complaint of a qualified elector, under oath, charging palpable fraud or mistake, and particularly specifying the alleged fraud or mistake, or where fraud or mistake is apparent on the return, the court shall fraud or mistake. examine the return, and if, in the judgment of the court, it shall be necessary to a just return, said court shall issue summary process against the election officers and overseers, if any, of the election district complained of, to bring them forthwith into court, with all election papers in their possession;(p) and if palpable mistake or fraud shall be discovered, (q) it shall, upon such hearing as may be deemed necessary to enlighten the court, be corrected by the court, and so certified; but all allegations of palpable fraud or mistake shall be decided by the said court, within three days after the day the returns are brought into court for computation; and the said inquiry shall be directed only to palpable fraud or mistake, and shall not be deemed a judicial adjudication to conclude any contest now or hereafter to be provided by law. And the other of said triplicate returns shall be placed in the box and sealed up with the ballots. And see (0) If a majority of the votes have been cast for a disqualified person, the one who received the next highest number is not to be returned as elected. Commonwealth v. Cluley, 56 P. S. 270. Bright. Elect. Cas. 50. Return-judges are mere ministerial officers; it is their duty simply to cast up the votes, and award the certificate to the person having the highest number; they have no judicial power. CommonThompson v. Ewing, 1 Brewst. 67, 77. And see Bright. wealth v. Emminger, 74 P. S. 479. Elect. Cas. 300-6. Felt's Case, 11 Abb. Pr. (N. S.) 203. In case of an election to fill a vacancy, for which no proclamation has been made by the sheriff, the judges will compute the vote, but will not give a certificate of election. Brightly's Case, 14 W. N. C. 208. Dambly's Case, Ibid. 209. (p) See Case of Mayor of Carbondale, 6 Luz. L. Reg. 216. (4) The judges can correct the returns only in two cases: where an elector under oath complains of fraud or mistake, "particularly specifying" such fraud or mistake, and where fraud or mistake is apparent on the return. Matter of Foster, 15 Phila. 362. The power of the court to correct errors is limited to cases where the returns are missing or palpable fraud or mistake is specified by the complaint of a qualified elector, or is apparent on the return. The court has no jurisdiction upon an allegation that there were mistakes in counting the votes, or that votes were rejected that ought to have been counted. Bertolet's Election, 13 C. Č. 353. 80 Jan. 1874 § 13. P. L. 38. What judges to compute the returns. 200. In counties where there are three or more judges of said court learned in the law, at least two judges shall sit to compute and certify returns, unless unavoidably prevented. If any of the said judges shall himself be a candidate for any office at any election, he shall not sit with the court, or act in counting the returns of such election, and in such cases, the other judges, if any, shall act; and if, in any county, there shall be no judge qualified to hold the said court, under the provisions of this act, present and able to act, then and in every such case, the register of wills, the sheriff, and the county commissioners of the proper county, shall be and constitute a board, who, or a majority of whom, shall have and exercise all the powers and perform all the duties vested in, or required to be performed by the court of common pleas of such county, by and under the provisions of this section: but none of the said officers shall act as a member of such board, when himself a candidate for any office at the election, the returns of which the said board is required to count under the provisions of this section. Returns, how com- The returns required by this act to be presented by the prothonotary of the puted in Philadelcourts of common pleas of the counties of Philadelphia and Allegheny, respecphia and Allegheny. tively, shall be presented to such three or more of the judges of the several courts of common pleas of said counties, respectively, as the judges of said courts, or a majority of them, may designate to perform the duty of receiving, computing and certifying said returns. When two or more counties are connected for the election of any officer, the courts of such counties shall each appoint a return-judge, to meet at such time and place as required by law, to compute and Compensation of certify the vote of such district. All officers provided for by this act shall be compensated as like officers are paid by existing laws. Where two or more counties compose a district. officers. Ibid. Where ballotboxes to be deposited. When to be opened. 2 July 1839 § 79. P. L. 587. Returns to be signed by all the judges. How defective cer posed of. 201. Whenever a place has been or shall be provided by the authorities of any city, county, township or borough, for the safe-keeping of the ballot-boxes, the judge and minority inspector shall, after the election shall be finished, and the ballot-box or boxes containing the tickets, list of voters and other papers, have been securely bound with tape and sealed, and the signatures of the judge and inspectors affixed thereto, forthwith deliver the same, together with the remaining boxes, to the mayor and recorder of such city, or, in counties, townships or boroughs, to such person or persons as the court of common pleas of the proper county may designate, at the place provided as aforesaid, who shall then deposit the said boxes and keep the same to answer the call of any court or tribunal authorized to try the merits of such election. Whenever the election officers of any election district shall require the election boxes of such district to hold any election which, by law, they are or shall be required to hold, they shall keep the same securely in their possession, without opening, until the morning of such election, and until they shall severally be sworn or affirmed not to disclose how any elector shall have voted, and, after being so sworn or affirmed, they shall open the said boxes and burn and totally destroy all the ballots and other papers which they shall find therein, before proceeding to hold such election. 202. The clerks shall, thereupon, in presence of the judges, make out returns in the manner hereinafter directed, which shall be signed by all the judges present, and attested by said clerks; and it shall not be lawful for said judges or clerks, in casting up the votes which shall appear to have been given, as shown by the certificates under the 76th and 77th sections of this act, to omit or reject tificates to be dis- any part thereof, except where, in the opinion of said judges, such certificate is so defective as to prevent the same from being understood and computed in adding together the number of votes; in which case, it shall be the duty of said clerks to make out a true and exact copy of said paper or certificate, to be signed by said judges, and attested by said clerks, and attached to, and transmitted with said return (where the same is directed to be transmitted) to the secretary of the commonwealth, and the original paper shall be deposited in the prothonotary's office, and by said officer copied and transmitted, with the return of said election, to the secretary as aforesaid. Number of returns to be made. Ibid. § 80. How such returns to be disposed of In case of a governor. I. Duplicate returns of all the votes given for every person and persons, who shall have been voted for, for any office or station, which the electors of the county are entitled to choose of themselves, unconnected with any other county or district. II. Like returns of all the votes given in the county, for every person voted for as governor. III. Triplicate returns of all the votes given for any persons voted for in the county, as electors of president and vice-president of the United States. 203. When the returns shall be completed, the president of the board of judges aforesaid shall forthwith lodge one of each of such returns in the office of the prothonotary of the court of common pleas of the county; and in the case of an election of electors for president and vice-president of the United States, one other of the returns in the same office; and the other duplicates shall be transmitted as follows, viz.: I. In the case of a governor, the remaining duplicate shall be inclosed in an envelope, directed to the speaker of the senate, and indorsed according to the fact, which having been sealed, shall be inclosed in another envelope, sealed and directed ELECTIONS. to the secretary of the commonwealth; and the same shall forthwith be placed, by 2 July 1839 § 80. the said president, in the nearest post-office. P. L. 587. II. In case of electors of president and vice-president of the United States, and In case of presi- and in like manner placed, by the said president, in the nearest post-office. III. In case of the election of a senator or senators of this commonwealth, the In case of members same shall be inclosed in an envelope, sealed and directed "To the Senate of Penn- of the legislature, sylvania;" and in case of the election of a member or members of the house of representatives of this commonwealth, the same shall, in like manner, be inclosed in an envelope, sealed and directed "To the House of Representatives of Pennsylvania;" and each of said returns shall be inclosed in an envelope, and directed to the secretary of the commonwealth, and in like manner placed, by said president, in the nearest post-office. Ibid. § 81. district. 204. When two or more counties shall compose a district for the choice of a Proceedings where member or members of the senate of this commonwealth, or of the house of representatives of the United States, or of this commonwealth, the judges of the two or more counelection, in each county, having met as aforesaid, the clerks shall make out a fair ties compose a statement of all the votes which shall have been given at such election, within the county, for every person voted for, as such member or members, which shall be signed by said judges, and attested by the clerks; and one of the said judges shall take charge of such certificate, and shall produce the same at a meeting of one judge from each county, at such place, in such district, as is or may be appointed by law for the purpose; which meeting shall be held on the seventh day after the election. Ibid. § 88. How returns to be cases. 205. The judges of the several counties having met as aforesaid, shall cast up the several county returns, and make duplicate returns of all the votes given for such office, in said district, and of the name of the person or persons elected, and disposed of in such one of said returns for each office, shall be deposited in the office of the prothonotary of the court of common pleas of the county in which they shall meet, and the other shall be, by said judges, deposited in the nearest post-office, sealed and directed to the secretary of the commonwealth, in the manner directed in parts two and three of the 80th section of this act.(r) Ibid. persons elected. 206. It shall also be the duty of the return-judges, in every case, to transmit to Return judges to each of the persons elected to serve in congress, or in the senate, or in the house send certificates to of representatives of this commonwealth, a certificate of his election, within five days after the day of making up such return.(s) 207. In cases of election of county commissioners and county auditors, one copy 13 June 1840 § 8. of the return of election shall be inclosed in an envelope, sealed and directed “To the commissioners" of the proper county. XXVIII. Duties of the prothonotary. P. L. 686. Returns of county commissioners and auditors. P. L. 539. tary. 208. It shall be the duty of the prothonotary of every county to whom the return 2 July 1839 § 84. of any election shall be delivered by the judges as aforesaid, where said judges are required to send a copy of said return to the secretary of the commonwealth, To transmit copy to make out a copy of such return, certified under his hand and official seal, and of returns to secreforthwith to transmit such copy, under a sealed cover, to the secretary of the commonwealth, by placing the same in the nearest post-office. It shall also be the duty And to lay certain of the prothonotary of every county to record all the election returns in a book to returns before the be procured for that purpose; and to lay the returns of the election of county com- court. missioners and county auditors, and of all township officers, before the court of quarter sessions of such county.(t) Ibid. § 85. 209. It shall also be the duty of every prothonotary to give a certified copy of the list of voters and other papers deposited in his office by the judges of an elec- To give certified tion, to any person applying for the same, on payment of the usual fees, as in other copies on payment cases. of fees. P. L. 589. XXIX. Duties of secretary of the commonwealth. 210. If the returns of any elections, which by this law are directed to be trans- 2 July 1889 $ 86. mitted to the secretary of the commonwealth, shall not be received within fifteen days after the same are required to be deposited in the post-office, it shall be the received within tary to notify the prothonotary. duty of said secretary to forthwith notify the prothonotary of the proper county to fifteen days, secreIbid. § 87. transmit, without delay, a certified copy of such returns. 211. It shall be the duty of the secretary of the commonwealth, on the receipt of the returns of the election of any township or county officer, who is by law to be To lay returns becommissioned by the governor, to forthwith lay the same before him; and on the fore the governor. porting to be a return, is a forgery, he should take no notice of it; but if it be doubtful, he cannot judge of its validity. Thompson v. Ewing, 1 Brewst. 67, 77. See supra, pl. 174. |