P. L. 990. said board shall count and canvass the same, in the same manner as other votes 25 Aug. 1864 § 54. cast at said election; and the person delivering the same may, on the demand of any elector, be compelled to testify, on oath, that the envelope so delivered by him, is in the same state as when received by him, and that the same has not been opened, or the contents thereof changed or altered, in any way, by him or any other person. 249. The right of any person thus offering to vote at any such election, may be challenged, for the same causes, that it could be challenged, if he were personally present, and for no other reason or cause. Ibid. § 85. Challenges. 250. Any officer of any general or special election in this state, who shall refuse Ibid. § 36. to receive any such envelope, and deposit such ballots, or to count and canvass the Penalty for refussame, and any elector who shall receive such envelope, and neglect or refuse to ing to receive such present the same to the officers of the election district, indorsed on the said enve- votes. lope, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by imprisonment in the state prison, not exceeding one year, and by fine, not exceeding five hundred dollars, or either or both, in the discretion of the court. 251. Any person who shall wilfully and corruptly make and subscribe any false affidavit, or make any false oath, touching any matter or thing provided in this act, shall be deemed guilty of wilful and corrupt perjury, and upon conviction thereof, shall be punished by imprisonment in the state penitentiary, not exceed ing five years, and by fine, not exceeding one thousand dollars, or by either or both, in the discretion of the court. 252. It shall be the duty of the secretary of the commonwealth to prepare the necessary blank forms to carry out the provisions of this act, and to furnish the same for the use of the persons so engaged in the military service aforesaid. Ibid. § 87. Penalty for false swearing. Ibid. § 38. Blanks to be furnished. Ibid. § 89. 253. In case any qualified elector in military service aforesaid, may be in any hospital, military or naval, or in any vessel or navy yard, the statements and Electors in hospiaffidavits in this act mentioned, may be witnessed by and made before any officer tals, &c. of the vessel, navy yard or other place in which said voter is, for the time being, engaged. Ibid. § 40. Duties of assessors. 254. It shall be the duty of every assessor, within this commonwealth, annually, to assess and return, in the manner now required by law, a county tax of ten cents upon each and every non-commissioned officer and private, and the usual taxes upon every commissioned officer, known by them to be in the military service of the United States, or of this state, in the army; and when any omission shall occur, the omitted names shall be added by such assessors, to the assessments and lists of voters, on the application of any citizen of the election district or precinct, wherein such soldier might or would have a right to vote, if not in such service as aforesaid; and such non-commissioned officers and privates shall be exempt from all other personal taxes, during their continuance in such service; and said assessors shall, in each and every case of such assessed soldiers or officers, without fee or reward therefor, give a certificate of such regular or additional assessment, to any citizen of the election district or precinct, who may, at any time, demand the same; and upon the presentation thereof to the tax collector of said district, or the treasurer of the said county, it shall be the duty of such officer to receive said of collectors and assessed tax, of and from any person offering to pay the same, for the soldier or county commisofficer therein named, and to indorse upon such certificate a receipt therefor; and it shall also be the duty of said collector or county treasurer, to receive said assessed tax, from any person who may offer to pay the same for any of said officers or soldiers, without requiring a certificate of assessment, when the name of such persons shall have been duly entered upon the assessment books and tax duplicates, and give a receipt there for to such person, specially stating therein, the name of the sioners. soldier or officer whose tax is thus paid, the year for which it was assessed, and Certificates of the date of the payment thereof; which said certificate and receipt, or receipt assessments. only, shall be primâ facie evidence, to any election board provided for by this act, before which the same may be offered, of the due assessment of said tax against, and the payment thereof by, the soldier or officer therein named offering the same as aforesaid; but said election board shall not be thereby precluded from requiring other proof of the right to vote, as specified by this act, or the general election laws of this commonwealth. And if any of said assessors, collectors or treasurers Penalty for neglect shall neglect or refuse to comply with the provisions of this section, or to perform of duty. any of the duties therein enjoined upon them, or either of them, he or they so offending, shall be considered and adjudged guilty of a misdemeanor in office, and shall, on conviction, be fined in any sum not less than twenty, nor more than two hundred dollars: Provided, That the additional assessment required to be made by the above section, in the city of Philadelphia, shall be made on application of any citizen of the election district or precinct thereof, upon oath or affirmation of such citizen, to be administered by the assessor, that such absent soldier is a citizen of the election district or precinct, wherein such assessment is required by such citizen to be made.(v) (v) The following points have been ruled by the this section: 1. That one assessor cannot act in the court of common pleas of Philadelphia county, under assessment of a soldier, in the absence of his assist 25 Aug. 1864 § 41. P. L. 990. Not to apply to ward elections, &c., in Philadelphia. 24 March 1874 § 1. P. L. 48. 255. This act shall not apply to the election of members of council, or to ward and division officers, in the city of Philadelphia. XXXI. Of particular elections. (1.) Of lieutenant-governor. 256. The qualified voters of the commonwealth shall choose by ballot, on the Tuesday next following the first Monday of November, in the year 1874, and on the Election of lieuten- day of the general election every four years thereafter, one person, duly qualified, to fill the office of lieutenant-governor for the ensuing four years. ant-governor. Ibid. § 2. To take oath of office. Ibid. § 3. Tenure of office. Salary. 2 July 1839 § 23. P. L. 524. Time and place of electing members of congress. Ibid. § 24. Sheriffs to give notice. Ibid. § 25. Governor to make proclamation of persons elected and transmit returns. 11 Jan. 1867 § 1. P. L. 18. Nominations. Ibid. § 2. 257. The election laws in force for the choice of governor shall regulate the choice of lieutenant-governor; and upon the third Tuesday of January following his election he shall be sworn into office by the president judge of the court of common pleas of Dauphin county, or in the event of his absence or inability to attend, then by a president judge of a court of common pleas, to be designated by the secretary of the commonwealth. 258. The term of lieutenant-governor shall commence on the third Tuesday of January following his election, and he shall hold his office for four years and until his successor is elected and qualified; and shall receive an annual salary of three thousand dollars. (2.) Of members of congress. 259. The election of representatives of the people of this commonwealth in the congress of the United States, shall take place on the second Tuesday in October, in the year 1840, and on the second Tuesday in October, in every second year thereafter, (w) at the places appointed by law for holding the general elections. 260. It shall be the duties of the sheriffs of the several counties, to give notice of such election in the manner hereinbefore required in the case of the general elections.(x) 261. It shall be the duty of the governor, on the receipt of the returns of the election of members of the house of representatives of the United States as aforesaid, by the secretary of the commonwealth, to declare by proclamation the names of the persons so returned as elected in the respective districts; and he shall also, as soon as conveniently may be thereafter, transmit the returns so made to the house of representatives of the United States. (3.) Of senators of the United States. 262. Each house of the legislature shall appoint one teller, and nominate at least one person to fill the office of senator, to represent this state in the senate of the United States, and at least two days previous to the joint meeting hereinafter mentioned, communicate to the other house the names of the persons so appointed and nominated. 263. At the hour of three P.M., on the second Tuesday after the meeting and Mode of election. organization of the legislature, which shall be chosen next preceding the expiration of the time for which any senator was elected to represent this state in congress, to wit on the third Tuesday of January, if the legislature shall have organized previous to the second Tuesday, but if not so organized, then on the second Tuesday after the organization thereof, not counting the day on which the legislature was organized, each house shall openly, by a vivâ voce vote of each member present, name one person for senator in congress, from this state; and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each house, shall be entered on the journal of each house by the clerk thereof; but if either house shall fail to give such majority to any person on said day, that fact shall be entered on the journal; at twelve o'clock meridian of the day following that on which proceedings are required to take place as aforesaid, the members of the two houses shall convene in joint assembly, and the journal of each house shall then be read, and if the same person shall have received a majority of all the votes in each house, such person shall be declared duly elected senator, to represent this state in the congress of the United States; but if the same person shall not have received a majority of the votes in each house, or if either house shall have failed to take proceedings as required by this act, the joint assembly shall then proceed to choose, by a vivâ voce vote of each member present, a person for the purpose aforesaid, and the person having a majority of all the votes of the said joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority ant. 2. That the assessment of a soldier may be made at any time; and that it need not be on the days fixed for making the extra assessment. 3. That to entitle a soldier to vote, he must have paid a tax which was assessed at least ten days preceding the election. (w) By the constitution of 1874, the general election is to be held on the Tuesday next following the first Monday of November. Art. viii. § 2. It is so provided by act of congress. 1 R. S. § 25. (x) For the present division of the state into congressional districts, see title "Apportionment." P. L. 18. on the first day, the joint assembly shall meet at twelve o'clock meridian of each 11 Jan. 1867 § 2. succeeding day during the session of the legislature, and take at least one vote, until a senator shall be elected. Ibid. § 3. 264. Whenever, on the meeting of the legislature, a vacancy shall exist in the representation of this state, in the senate of the United States, the legislature shall How vacancies to proceed, on the second Tuesday after the commencement and organization of its be filled. session, to elect a person to fill such vacancy, in the manner hereinbefore provided for the election of a senator for a full term; and if a vacancy shall happen during the session of the legislature, then on the second Tuesday after the legislature shall have notice of such vacancy. Ibid. § 4. Certificates of elec 265. When the election shall be closed as aforesaid, the president of the convention shall announce the person who shall have received a majority of votes aforesaid, to be duly elected a senator to represent this state in the senate of the tion to be signed. United States; and he shall, in the presence of the members of both houses, sign four several certificates of the election, attested by the tellers; one of which certificates shall be transmitted, by the president of the convention, to the governor of this commonwealth, one to the person so elected, and the remaining two shall be preserved among the records, and entered at length on the journals of each house. Ibid. § 5. 266. It shall be the duty of the governor, immediately after receiving the certificate of the election of any senator, to certify his election, under the seal of the state; Duty of the which certificate shall be countersigned by the secretary of state. (4.) Of presidential electors. governor. P. L. 524. 267. The citizens of this commonwealth, qualified as is herein provided, shall at 2 July 1839 § 26. their several places of election [on the fifth Friday preceding the first Wednesday in December in the year 1840, and on the same Friday in every fourth year there- Qualified citizens after], elect a sufficient number of persons to be electors of a president and vice- to vote for electors. president of the United States.(y) 268. It shall be the duty of the sheriffs of the respective counties, to give like Ibid. § 27. notice of such election as is hereinbefore required of the election of members of the Sheriffs to give general assembly. notice. 269. At every such election, every qualified citizen shall be entitled to vote, Ibid. § 28. by delivering to the proper officer a written or printed ticket, containing the What tickets to names of a number of persons equal to the whole number of senators and rep- contain. resentatives, to which this state may be entitled in the congress of the United States. Ibid. § 29. 270. It shall be the duty of the secretary of the commonwealth, on receiving the returns of the election of electors, as hereinafter directed, to lay them before the Returns to be laid governor; who shall enumerate and ascertain the number of votes given for each before the gov person so voted for, and shall thereupon declare, by proclamation, the names of the ernor. persons duly elected; and shall cause a notification of his election to be delivered Who shall declare by proclamation to each person so chosen, on or before the last Wednesday in the month of Novem- the persons ber next after such election. elected. Ibid. § 30. When electors to 271. The electors chosen as aforesaid shall assemble at the seat of government of this commonwealth, at twelve o'clock of the day, which is or may be directed by the congress of the United States, and shall then and there perform the duties enjoined meet. upon them by the constitution and laws of the United States. Ibid. § 31. 272. If any such elector shall die, or from any cause fail to attend at the seat of government, at the time appointed by law, the electors present shall proceed to How vacancies to choose vivâ voce a person to fill the vacancy occasioned thereby, and immediately be supplied. after such choice the names of the person so chosen shall be transmitted by the presiding officer of the college to the governor, whose duty it shall be forthwith to cause notice in writing to be given to such person of his election; and the person so elected (and not the person in whose place he shall have been chosen) shall be an elector, and shall, with the other electors, perform the duties enjoined on them as aforesaid. 24 May 1898. P. L. 129. electors. 273. Every elector aforesaid shall receive from the state treasury the sum of three dollars for every day spent in travelling to, remaining at, and returning from the place of meeting aforesaid, and shall be entitled to mileage at the rate of three Compensation of cents per mile to and from their homes, to be computed by the ordinary mail route between their homes and the place of meeting aforesaid. And the contingent ex- Contingent expenses of the electoral college, not exceeding one hundred dollars in amount, shall penses of electoral likewise be paid by the state treasurer, in both cases upon warrants drawn by the presiding officer of the college.(z) college. 274. In the event of an election of president and vice-president taking place at 2 July 1839 § 88. any other period than that mentioned in this act, the election of electors shall, in all respects, be held, conducted and concluded as is hereinbefore provided. (y) By act of congress, presidential electors are to P. L. 524. Provision for special election. (z) This is an amendment of the act 2 July 1839, be elected on the Tuesday next after the first Monday § 32. P. L. 524. of November. 1 R. S. § 131. 11 April 1848 § 1. P. L. 512. Time of election. 9 May 1879 § 1. urer and auditor general. 275. The election for electors of president and vice-president of the United States shall, in the year of our Lord 1838, and every fourth year thereafter, be held on the Tuesday next after the first Monday in November. (5.) of state treasurer and auditor-general. 276. Whenever the legislature shall not be assembled, and a state treasurer or auditor-general shall have been elected at the preceding annual election, the govBoard for opening ernor, the president judge of the twelfth judicial district, the president pro tem. of and computing re- the senate, the speaker of the house of representatives, four members of the senate, turns of state treas- and six members of the house of representatives, to be selected in the manner hereinafter provided, shall meet in the senate chamber, at Harrisburg, at twelve o'clock noon, on the third Tuesday of January succeeding each election of a state treasurer or auditor-general, and they, or a majority of them, being so convened, shall proceed to open, compute and publish the returns of the election for state treasurer and auditor-general, and shall file in the office of the secretary of the commonwealth a certificate, signed by each of them, setting forth the aggregate number of votes received by each person voted for at such election; the governor shall, within ten days thereafter, declare by proclamation the name of the person elected to each of said offices. Certificate. Proclamation. Ibid. § 2. How board to be selected. 13 June 1840 § 2. notice. 277. The four members of the senate and six members of the house of representatives aforesaid, shall be selected by each house proceeding, at twelve o'clock noon on the last Tuesday of the regular session preceding the annual election at which any state treasurer or auditor-general is to be elected, to choose by vivá voce vote, the number of members aforesaid, each senator being entitled to vote for but two members, and each member of the house entitled to vote for three members, and the four senators and the six representatives receiving the highest number of votes shall be the persons named in the first section of this act. (6.) Of township officers. 278. The constable or constables of every township within this commonwealth, shall give public notice of the township elections, by ten or more printed or writConstables to give ten advertisements, affixed at as many of the most public places therein, at least ten days before the election, and in every such advertisement they shall enumerate, designate and give notice as sheriffs of counties in cases of general elections are directed, by the 1st and 2d divisions of the 13th section (a) of the act to which this is a supplement; and in case of the neglect, refusal, death or absence of the aforesaid constable or constables, the duties herein enjoined on them shall be performed by the supervisors or assessor of the proper township, but said supervisors or assessor of the proper township shall not be required to give more than five How such ections days' notice; and said elections shall be held and conducted under the regulations, not inconsistent herewith, prescribed in the aforesaid act; (b) but nothing in this act, or in the act to which this is a supplement contained, shall be construed to prohibit a judge, inspector or clerk of election from being voted for to fill any township office, or render either or any of them ineligible to hold the same. (c) Or, in case of assessors. conducted. Election officers may be voted for 2 July 1889 § 58. 279. The election for the said township officers shall be held during the same hours, and by the persons appointed to hold the election of inspectors and assesselections to be held. Ors, on the third Friday in March of every year. (d) When township Ibid. § 54. Certificates to be 13 June 1840 § 9. Clerk of quarter 280. It shall be the duty of the said inspectors and judge, to make out a certificate of the election of each township officer aforesaid, which shall be signed by them and delivered to the constable of the proper ward, district or township; and by him delivered to the said officer or left at his usual place of abode within six days thereafter. 281. The clerk of the court of quarter sessions of every county within this commonwealth shall, within fifteen days after the township elections, in each year, are returned into his office, (to) make out, certify and deliver, under his hand and sessions to certify seal of office, to the commissioners of his proper county, a list of the names of the persons elected to the offices of assessor and assistant assessors, and the names of the wards, townships, incorporated districts and boroughs, within their respective counties, for which they were respectively elected; and shall be allowed therefor the usual fees for equal or similar services, to be paid out of the county treasury. to county commis- assessors. 282. Every judge as aforesaid, shall be allowed six cents per mile, for each mile necessarily travelled in delivering the return of the township election of his proper township, to the clerk of the court of quarter sessions; said mileage to be computed circular, and paid out of the county treasury, on orders drawn by the commissioners in the usual manner: Provided, That no compensation shall be paid where the return is not delivered within the time prescribed by law; and no daily pay shall be allowed for making returns of township elections. (b) See act 30 March 1866. (c) A clerk of election is eligible to any township office. Ex parte Walker, 3 Luz. L. Reg. 130. (d) The constitution of 1874 provides, that all elections for city, ward, borough and township officers, for regular terms of service, shall be held on the third Tuesday of February. Art. viii. § 3. P. L. 686. penses to be 283. Constables, supervisors or assessors, as the case may be, of any ward, 13 June 1840 § 11. township, incorporated district or borough, shall be allowed and paid out of the county treasury, two dollars for advertising ward, township, district and borough Advertising exelections; said constables shall also be allowed and paid, as aforesaid, twenty allowed. cents for delivering to each township officer a certificate of his election, as directed Compensation of by this act, and the act to which this is a supplement. P. L. 558. Court to authorize P. L. 78. constables for delivering certifi284. When any new township shall be erected in any county of this common- cates. wealth, it shall be lawful for the court of quarter sessions of the proper county to 5 April 1849 § 32. authorize the citizens of said new township to hold an election for justices of the peace, and all other township officers, upon such notice as the court may direct. elections in new 285. Whenever it shall become necessary for the citizens of any township in any townships. of the counties of this commonwealth, which has been or shall be divided in any 7 March 1840 § 27. way in forming any election district or districts, to elect justices of the peace, judges and inspectors of elections, assessors, constables, school directors or other How election to be township officers, in pursuance of any act or acts of assembly, the qualified voters ship is divided in of such township shall meet at the usual place of holding their annual township forming election elections respectively, and shall then and there proceed to elect such officers in the manner now provided for by law, and the returns of such elections shall be made out in the same manner as is now provided for by the laws of this commonwealth; and such township election so held in any township which may be divided as afore- Who to act as elecsaid, shall be held and conducted only by the judge, inspectors and clerks residing tion officers. in the district where the place of holding the township election is or may be located, held where town districts. any law to the contrary notwithstanding: Provided, That whenever a vacancy In case of vacancy. happens by death, resignation, removal or otherwise, then the judge or inspector residing in the township and district nearest to the place of holding the township election shall hold and conduct the same. Ibid. § 28. 286. It shall be the duty of the judge and inspectors holding and conducting such township election to keep as many separate boxes and separate lists of voters Duties of election for judges and inspectors of elections as there are election districts or parts of officers in such election districts in such township respectively, in which they shall deposit the cases. votes of the citizens residing within the limits of such district or parts of districts for judges and inspectors of the general elections in their particular districts, and the returns thereof shall be made out and certified in conformity with the provisions of the act of the 2d July, Anno Domini 1839, entitled "An act relating to the elections of this commonwealth; and in cases where part only of the township forms, in connection with other parts of other townships, a general election district, the judge holding such township election shall meet the judge or judges from the other township or townships, forming part of such general election district, at the place of holding the general election, and the said judges shall then and there proceed to make out a general return from their respective returns, which shall be signed, certified and returned with their several returns, in like manner as is now provided for by law. (7.) Primary elections. (e) P. L. 128. 287. It shall be lawful and it is hereby made the duties of the judges, inspectors 29 June 1881 § 1. and clerks or other officers of the primary elections, meetings or caucuses (g) held for the purpose of nominating candidates for state, city and county offices within Officers holding the commonwealth of Pennsylvania, before entering upon the discharge of their primary elections duties, severally to take and subscribe to an oath or affirmation in the presence of to be sworn. each other, in form as follows, namely: "I (A. B.) do that I will as judge, Form of oath. inspector or clerk (as the case may be) at the ensuing election, impartially and faithfully perform my duties, in accordance with the laws and constitution of the commonwealth of Pennsylvania, and in accordance with the rules and regulations adopted by the -party, of the county of — for the government of the said primary elections, meetings or caucus, to the best of my judgment and abilities;" the oath or affirmation shall be first administered to the judge by one of the inspectors, then the judge so qualified shall administer the oath or affirmation to the inspectors and clerks, and may administer the oath to any elector offering to vote, as to his qualifications to vote, at such election. Ibid. § 2. Penalty for acting 288. If any judge, inspector, clerk or other officer of a primary election, as aforesaid, shall presume to act in such capacity, before the taking and subscribing to the oath or affirmation required by this act, he shall, on conviction, be fined, not without oath. exceeding two hundred dollars; and if any judge, inspector, clerk or other officer, when in the discharge of his duties as such, shall wilfully disregard or violate the For violation of provisions of any rule, duly made by the said party, of - county, for the party rules. acceptance of un government of the primary elections of the party, he shall, on conviction, be fined not exceeding two hundred dollars; and if any judge or inspector of a primary For rejection of election as aforesaid shall knowingly reject the vote of any person entitled to vote qualified vote or under the rules of the said -party, or shall knowingly receive the vote of any per- qualified one. son or persons not qualified as aforesaid, shall, on conviction, be fined not exceeding (e) See also act 8 June 1881, ante, title "Crimes," conventions or their officers. Commonwealth v. pl. 56-60. Cantrell, 44 L. I. 492. (9) It is doubtful if this law applies to political |