2 July 1539 § 87. first Tuesday in January, in each and every year, as soon as the senate shall convene, all returns of the election of senators for that year to the speaker of the P. L. 589. Of senators before To take into the house returns of election of mem bers. Ibid. § 90. senate. 212. It shall be the duty of said secretary, between the hours of eleven o'clock, A.M., and one o'clock, A.M., of the first Tuesday in January, of each and every year, to take into the hall of the house of representatives, the several returns of the elections of members of said house. 213. It shall be the duty of said secretary, within five days after the meeting of the general assembly, to deliver to the speaker of the senate the returns of the elecsenate, returns of tion of governor received by him from the several counties of this commonwealth. To speaker of election of governor. Ibid. § 91. Returns not re ceived in time, to be void, except in case of contested elections. 30 Jan. 1874 § 22. P. L. 42. 214. Whenever the returns of an election for governor shall not be received from any county by the secretary of the commonwealth before the election of governor shall be published, every such return so delayed shall be considered as void, unless the election be contested, in which case such returns shall be allowed to be of the same validity, and liable to the same exceptions, as other returns received in due time. 215. It shall be the duty of the secretary of the commonwealth to prepare forms for all the blanks made necessary by this act, and furnish copies of the same to the county commissioners of the several counties of the commonwealth; and the county commissioners of each county shall, as soon as may be necessary after receipt of the same, at the proper expense of the county, procure and furnish to all the expense of the the election officers of the election districts of their respective counties copies Secretary to prepare blanks and furnish copies. To be printed at county. of such blanks, in such quantities as may be rendered necessary for the discharge of their duties under this act, and shall pay all necessary expenses for lights, rent, fuel and stationery, on bills certified by the election officers. XXX. Elections by militia or volunteers in actual service. 25 Aug. 1864 § 1. P. L. 990. Qualified electors in actual military service to exercise the right of suffrage. Ibid. § 2. Polls to be opened in each company. Detached voters. Ibid. § 3. ing of the polls. 216. Whenever any of the qualified electors of this commonwealth shall be in any actual military service, under a requisition from the president of the United States, or by the authority of this commonwealth, and as such, absent from their place of residence, on the days appointed by law for holding the general or presidential elections within this state, or on the days for holding special elections to fill vacancies, such electors shall be entitled, at such times, to exercise the right of suffrage, as fully as if they were present at their usual places of elections, in the manner hereinafter prescribed, and whether, at the time of voting, such electors shall be within the limits of this state, or not; and the right of voting shall not be affected, in any manner, by the fact of the voter having been credited to any other locality than the place of his actual residence, by reason of the payment to him of local bounty by such other locality. 217. A poll shall be opened in each company, composed in whole or in part of Pennsylvania soldiers, at the quarters of the captain or other officer thereof, and all electors belonging to such company, who shall be within one mile of such quarters, on the day of election, and not prevented by orders of their commanders, or proximity of the enemy, from returning to their company quarters, shall vote at such poll, and at no other place; officers, other than those of a company, and other voters, detached and absent from their companies, or in any military or naval hospital, or in any vessel or navy yard, may vote at such other polls, as may be most convenient for them; and when there shall be ten or more voters at any place, who shall be unable to attend any company poll, or their proper place of election as aforesaid, the electors present may open a poll, at such place as they may select, and certify in the poll-book, which shall be a record of the proceedings at said election, substantially, in manner and form, as hereinafter directed. 218. The polls shall be opened as early as practicable on said day, and remain Opening and clos- open at least three hours, and if necessary, in the opinion of the judges of the election, in order to receive the votes of all the electors, they may keep the polls open until seven o'clock in the afternoon of said day; proclamation thereof shall be made at or before the opening of the polls, and one hour before closing them. 219. Before opening the poll on the day of election, the electors present at each of the places aforesaid, shall elect, vivâ voce, three persons, present at the time, and having the qualifications of electors, for the judges of said election, and the judges so elected, shall then appoint two of the persons present, who shall be qualified to act as clerks of said election; and the judges shall prepare boxes or other suitable receptacles for the ballots. Ibid. § 4. Judges of election. Clerks. Ibid. § 5. Election officers to be sworn. 220. Before any votes shall be received, said judges and clerks shall each take an oath or affirmation, that he will perform the duties of judge or clerk (as the case may be) of said election, according to law, and to the best of his abilities, and that he will studiously endeavor to prevent fraud, deceit or abuse in conducting the same, which oath or affirmation any of the said judges or clerks, so elected or appointed, may administer to each other; and the same shall be in writing, or partly written and partly printed, and signed by said judges and clerks, and certified to by the party administering the same, and attached to or entered upon the poll-book, and there signed and certified as aforesaid. P. L. 990. 221. All elections shall be by ballot, and the judges of elections may, and upon 25 Aug. 1864 § 6. challenge of any voter, shall examine, under oath or affirmation, the applicant to vote (which oath or affirmation, any of said judges may administer), in respect to Elections by ballot. his right to vote, and his qualifications to vote in the particular ward, precinct, Challenges. city, borough, township or county of this state, in which he claims residence; and before receiving any vote, the judges, or a majority of them, shall be satisfied that such applicant is a qualified voter of such place. 222. Separate poll-books shall be kept, and separate returns made, for the voters of each city or county; the poll-books shall name the company and regiment, and the place, post or hospital in which such election is held; the county and township, city, borough, ward, precinct or election district of each voter shall be indorsed opposite his name on the poll-books; each clerk shall keep one of said poll-books, so that there may be a double list of voters. 223. Each ticket shall have written or printed, or partly written and partly printed thereon, the names of all the officers which may properly be voted for at said election, for which the said elector desires to vote. Ibid. § 7. Poll-books. Ibid. § 8. Tickets. Ibid. § 9. 224. The judges to whom any ticket shall be delivered shall, upon the receipt thereof, pronounce with an audible voice, the name of the elector, and if no objection is made to him, and the judges are satisfied that said elector is a citizen of Reception of votes. the United States, and legally entitled, according to the constitution and laws of this state, to vote at said election, shall immediately put said ticket in the box or other receptacle therefor, without inspecting the names of persons voted for; and the clerks shall enter the name of the elector on the poll-book of his county, ward, precinct, city, borough or township, and county of his residence, substantially in pursuance of the form hereinafter given. 225. At the close of the polls, the number of votes shall be counted and set down at the foot of the list of voters, and certified and signed by the judges, and attested by the clerks. 226. After the poll-books are signed, the ballot-box shall be opened, and the tickets therein contained shall be taken out, one at a time, by one of the judges, who shall read distinctly, while the ticket remains in his hand, the name or names therein contained for the several officers voted for, and then deliver it to the second judge, who shall examine the same and pass it to the third judge, who shall string the vote for each county upon a separate thread, and carefully preserve the same; the same method shall be pursued as to each ticket taken out, until all the votes are counted. Ibid. § 10. Counting of votes. Ibid. § 11. How tickets to be counted. Ibid. § 12. What tickets to be rejected. 227. Whenever two or more tickets shall be found, deceitfully folded or rolled together, neither of such tickets shall be counted: and if a ticket shall contain more than the proper number of names for the same office, it shall be considered fraudulent, as to all of the names designated for that office, but no further. 228. As a check in counting, each clerk shall keep a tally-list for each county from which votes shall have been received, which tally-list shall constitute a part Tally-lists. of the poll-book. Ibid. § 13. 229. After the examination of the tickets shall be completed, the number of Ibid. § 14. votes for each person in the county poll-books, as aforesaid, shall be enumerated, Enumeration of under the inspection of the judges, and set down as hereinafter provided in the votes. form of the poll-book. 230. The following shall be substantially the form of the poll-books, to be kept by the judges and clerks of the election, filling in the blanks carefully: Poll-book of the election, held on the second Tuesday of October, one thousand eight hundred and (or other election-day, as the case may be), by the qualified county (or city), state of Pennsylvania, in company of the regiment of Pennsylvania volunteers (or as the case may be), held at (naming the place, post or hospital), A B, C D and E F, being duly elected as judges of said election, and J K and L M being duly appointed as clerks of said election, were severally sworn or affirmed, as per certificates herewith returned. electors of Number and names of the electors voting, and their county, city, borough, township, ward or precinct of residence: Ibid. § 15. Form of poll-book. No. 1, A B, - county of county of —, township of It is hereby certified that the number of electors for voting at this election, amounts to Attest: J K, L M, Clerks. Form of certificate of oath of judges and clerks: We, A B, C D and E F, judges of this election, and J K and L M, clerks thereof, do each severally swear (or affirm), that we will duly perform the duties of judges and clerks of said election, severally acting as above set forth, according to law, and to the best of our abilities, and that we will studiously endeavor to prevent fraud, deceit or abuse in conducting the same. A B, C D, Judges. E F, JK, L M, Clerks. 25 Aug. 1864 § 15. P. L. 990. Ibid. § 16. Form of returns. I hereby certify, that C D, E F, judges, and J K and L M, clerks, were, before and day of A B, Judge of election. I certify, that A B, judge aforesaid, was also so sworn (or affirmed) by me. Witness my hand, the date before written. J K, Clerk of election. 231. A return in writing shall be made in each poll-book, setting forth, in words at length, the whole number of ballots cast for each office (except ballots rejected), the name of each person voted for, and the number of votes given to each person, for each different office; which return shall be certified as correct, signed by the judges, and attested by the clerks; such return shall be substantially as follows: At an election held by the electors of company. of the regiment of Pennsylvania soldiers, at (naming the place where the election is held), there were (naming the number in words, at length) votes cast for the office of governor, votes; for senator, votes; for representatives, of which A B had cast, of which E F had votes, C D had votes, G H had votes, L M had votes were cast, of which JK had same manner, as to any other officers voted for. votes were votes; and in the At the end of the return, the judges shall certify, in substance, as follows, giving, if officers, their rank and number of their regiment; if privates, the number of their regiment and company, viz.: A true return of the election held as aforesaid, on the A B, Captain company A, one hundred and thirty-first regiment, Pennsylvania volun teers. CD, company A, one hundred and thirty-first regiment Pennsylvania volunteers. J K, L M, Clerks. Attest, Judge of election. 232. After canvassing the votes, in manner aforesaid, the judges shall put in an envelope, one of the poll-books, with its tally-list, and return of each city or county, together with the tickets, and transmit the same, properly sealed up and directed, through the nearest post-office, or by express, as soon as possible thereafter, to the prothonotary of the court of common pleas of the city or county in which such electors would have voted, if not in the military service aforesaid (being the city or county for which the poll-book was kept); and the other poll-book of said city or county, enclosed in an envelope, and sealed as aforesaid, and properly How the others to directed, shall be delivered to one of the commissioners hereinafter provided for, if such commissioner calls for the same in ten days, and if not so called for, the same shall be transmitted, by mail or by express, so soon as possible thereafter, to the secretary of the commonwealth, who shall carefully preserve the same, and on demand of the proper prothonotary, deliver to said prothonotary, under his hand and official seal, a certified copy of the return of votes so transmitted to and received by him, for said city or county of which the demandant is prothonotary. 233. It shall be the duty of the prothonotary of the county, to whom such Duties of prothon- returns shall be made, to deliver to the return-judges of the same county, a copy, certified under his hand and seal, of the return of votes so transmitted to him by the judges of the election as aforesaid, or as officially certified by the secretary of the commonwealth as aforesaid, to said prothonotary. otary. Ibid. § 18. Ibid. § 19. Meeting of returnjudges. Ibid. § 20. Duties of returnjudges. Powers of the courts. Ibid. § 21. Return of presidential electors. 234. The return-judges of the several counties shall adjourn to meet at the places now directed by law, on the third Friday after any general or presidential election, for the purpose of counting the soldiers' vote; and when two or more counties are connected in the election, the meeting of the judges from each county shall be postponed, in such case, until the Friday following. 235. The return-judges, so met, shall include in their enumeration, the votes so returned, and thereupon shall proceed, in all respects, in the like manner as is provided by law, in cases where all the votes shall have been given at the usual place of election: Provided, That the several courts of this commonwealth shall have the same power and authority to investigate and determine all questions of fraud or illegality in relation to the voting of the soldiers, as are now vested in said courts, with regard to questions of fraud and illegality arising from the voting of persons not in military service, under the present laws relating thereto. 236. In elections for electors of president and vice-president of the United States, it shall be the duty of the secretary of the commonwealth, to lay before the governor all returns received by him for any election as aforesaid, who shall compare the same with the county returns, and add thereto all such returns as shall appear, on such comparison, not to be contained in said county returns, in every case where said military returns for such counties shall have been received by said secretary, at a period too late for transmitting them to the proper prothon- 25 Aug, 1864 $ 21. otary, in time for the action of the judges of the said counties. P. L. 990. Ibid. § 22. 237. All said elections shall be subject to contest, in the same manner as is now provided by law; and in all cases of contested elections, all legal returns which shall have been bonâ fide forwarded by said judges, in the manner herein before Contested elecprescribed, shall be counted and estimated, although the same may not have tions. arrived, or been received by the proper officers, to be counted and estimated, in the manner hereinbefore directed, before issuing the certificates of election to the persons appearing to have a majority of the votes then received, and the said returns shall be subject to all such objections, as other returns are liable to when received in due time. Ibid. § 23. Duties of secretary 238. It shall be the duty of the secretary of the commonwealth to cause to be printed a sufficient number of copies of this act, with such extracts from the general election law, as shall be deemed important to accompany the same, and of the commonblank forms of poll-books, with tally-lists and returns, as prescribed in this act, wealth. which, with the necessary postage stamps, to defray expenses and postage on returns, shall, in sufficient time before any such election, be forwarded by said secretary, at the expense of the commonwealth, by commissioners or otherwise, as shall be deemed most certain to insure delivery thereof, to the captain' or commanding officer of each company, or in case of detached voters, to the officer having charge of the post or hospital, who shall retain the same until the day of election, and then deliver the same to the judges elected, as provided in this act : Provided, That no election shall be invalidated, by reason of the neglect or failure of the said secretary to cause the delivery of said poll-books to the proper persons, as aforesaid. Ibid. § 24. Commissioners to 239. For the purpose of more effectually carrying out the provisions of this act, the governor shall have power to appoint and commission, under the great seal of the commonwealth, such number of commissioners, having the qualifications of an be appointed. elector in this state, as he shall deem necessary, not exceeding one to each regiment of Pennsylvania soldiers, in the service of this state, or of the United States, and shall apportion the work among the commissioners, and supply such vacancies as may occur in their number. Such commissioners, before they act, shall take and subscribe an oath or affirmation, and cause the same to be filed with the secretary of the commonwealth, to the following (effect): “I, appointed com- Oath. missioner, under the act to regulate elections by soldiers in actual military service, do solemnly swear (or affirm), that I will support the constitution of the United States, and the commonwealth of Pennsylvania, and impartially, fully, and without reference to political preferences or results, perform, to the best of my knowledge and ability, the duties imposed on me by the said act; and that I will studiously endeavor to prevent fraud, deceit and abuse, not only in the elections to be held under the same, but in the returns thereof." And if any commissioner appointed by or under this act, shall knowingly Penalty for violaviolate his duty, or knowingly omit or fail to do his duty under this act, or violate tion. any part of his oath or affirmation, he shall be liable to indictment for perjury, in the proper county, and upon conviction, shall be punished by a fine, not exceeding one thousand dollars, or imprisonment in the penitentiary, at labor, not exceeding one year, or both, in the discretion of the court. 240. It shall be the duty of such commissioners to deliver, as far as practicable, at least four of the copies of this act, and other extracts of laws, published as herein before directed, and at least two blank forms of poll-books, tally-lists and returns entrusted to them as mentioned in the twenty-third section of this act, to the commanding officers of every company or part of company of Pennsylvania soldiers, in the actual military or naval service of the United States, or of this state; and to make suitable arrangements and provision for the opening of polls under this act; it shall also be the duty of said commissioners, as soon as practicable, after the day of election, to call upon the judges of the election, and procure one poll-book, containing the returns of the election, and safely to preserve the same, not only from loss, but from alteration, and deliver the same, without delay, to the secretary of the commonwealth. Ibid. § 25. Duties of commissioners. Ibid. § 26. 241. Said commissioners shall receive, in full compensation for their services under this act, ten cents per mile, in going to and returning from their respective Their regiments, estimating the distance of travel by the usually travelled route; and it tion. is hereby made the duty of the auditor-general and state treasurer to audit and pay the accounts therefor in the same manner as other claims are now audited and paid by law; all commanding and other officers are requested to aid the commissioners herein appointed, and to give them all proper facilities, to enable them to carry out the design and intention of this act. compensa Ibid. § 27. Informalities not 212. No mere informality in the manner of carrying out or executing any of the provisions of this act, shall invalidate any election held under the same, or authorize the returns thereof to be rejected or set aside; nor shall any failure on the part to validate. of the commissioners, to reach or visit any regiment or company or part of company, or the failure of any company or part of company to vote, invalidate any election which may be held under this act. 243. The several officers authorized to conduct such election, shall have the like Ibid. § 28. P. L. 990. 25 Aug. 1864 § 28. powers, and they, as well as other persons, who may attend, vote, or offer to vote at such election, shall be subject to the like penalties and restrictions as are declared or provided in the case of elections by the citizens at their usual places of election; and all of the provisions of the general election laws of this state, so far as applicable, and not inconsistent with the provisions of this act, nor supplied thereby, shall apply to all elections held under this act. Powers and responsibilities of election officers. Ibid. § 32. Elections by detached voters. Ibid. § 29. 244. No compensation shall be allowed to any judge or clerk, under this act. 245. When the sheriff of any city or county shall issue his proclamation for an Ibid. § 30. election, for a presidential, congressional, district, city, county or state election, Duties of sheriffs. under the laws of this state, he shall transmit, immediately, copies thereof, to the field officers and senior captains in the service aforesaid, from the said city or county. 246. When any of the electors mentioned in the first section of this act, less than ten in number, shall be members of companies of another state or territory, or, for any sufficient and legal cause, shall be separated from their proper company, or shall be in any hospital, navy yard, vessel, or on recruiting, provost or other duty, whether within or without this state, under such circumstances as shall render it probable that he or they will be unable to rejoin their proper company, or to be present at his proper place of election on or before the day of the election therein mentioned, said elector or electors shall have a right to vote in the following manner: Ibid. § 33. Mode of voting. Ibid. § 54. Delivery and counting of such votes. 247. The voter aforesaid is hereby authorized, before the day of election, to deposit his ballot or ballots, properly folded as required by the general election laws of this state, or otherwise, as the voter may choose, in a sealed envelope, together with a written or printed, or partly written and partly printed statement, containing the name of the voter, the county, township, borough or ward of which he is a resident, and a written or printed authority to some qualified voter in the election district of which said voter is a resident, to cast the ballots contained in said envelope, for him, on the day of said election. Said statement and authority to be signed by the said voter, and attested by the commanding or some commissioned officer of the company of which he is a member, in the case of a private, and of some commissioned officer of the regiment, in the case of an officer, if any of such officers are conveniently accessible, and if otherwise, then by some other witness; and there shall also accompany said ballots, an affidavit of said voter. taken before some one of the officers aforesaid, and in the absence of such officers, before some other person duly authorized to administer oaths, by any law of this state, that he is a qualified voter in the election district in which he proposes to vote, that he is in the actual military service of the United States, or of this state, describing the organization to which he belongs, that he has not sent his ballots to any other person or persons than the one in such authority mentioned, that he will not offer to vote at any poll, which may be opened on said election day, at any place whatsoever, and that he is not a deserter, and has not been dishonorably dismissed from the service, and that he is now stationed at -, in the state of Said sealed envelope, containing the ballots, statement, authority and affidavit as aforesaid, to be sent to the proper person, by mail or otherwise, having written or printed on the outside, across the sealed part thereof, the words, "Soldier's ballot for township (borough or ward), in the County of - —." (u) 248. The elector to whom such ballot shall be sent, shall, on the day of election, and whilst the polls of the proper district are open, deliver the envelope so received, unopened, to the proper election officer, who shall open the same in the presence of the election board, and deposit the ballots therein contained, together with the envelope and accompanying papers, as other ballots are deposited, and (u) The following forms have been adopted and used under this section: I, STATEMENT AND AUTHORITY. do hereby state, that I am a qualified elector of the commonwealth of Pennsylvania, now in actual military service, under the requisition of the president of the United States, and as such, absent from my place of residence, which is in in county, in the said commonwealth of Pennsylvania; being- in the regiment of soldiers, and being now in and for sufficient and legal cause separated from my proper company, duty, under such circumstances as render it probable that I will be unable to join my said company, or to be present at my proper place of election on the day of next, there being less than ten in number of such electors in the said on at do hereby authorize and empower -, being a qualified voter in the election district aforesaid, of which I am a resident, to cast the ballots contained in the envelope hereof, for me, on the day of the election aforesaid. Signed by me in witness thereof, at day of hundred and Attested by me, of I, the aforesaid in the year one thousand eight } AFFIDAVIT. -, do swear that I am a qualified voter in the election district aforesaid, in which I propose to vote, that I am in the actual military service of the United States, in of the -regiment of soldiers; that I have not sent my ballots to any other person or persons than the said in the aforesaid authority mentioned; that I will not offer to vote at any poll which may be opened, on the aforesaid election day, at any place whatsoever; that I am not a deserter; that I have not been dishonorably dis missed from the service, and that I am now stationed , in the state of Sworn and subscribed by the said - before me, of in the regiment of solIn witness whereof, I have hereunto set my hand, at —, in the state of - the day of at diers. on the one thousand eight hundred |