P. L. 128. Wilful fraud. 29 June 1881 § 2. two hundred dollars; and if any judge, inspector, clerk or other officer of a primary election as aforesaid shall be guilty of any wilful fraud in the discharge of his duties, by destroying or defacing ballots, adding ballots to the poll, other than those lawfully voted, by stuffing the ballot-box, by false counting, by making false returns, or by any act or thing whatsoever, the person so offending shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not exceeding five hundred dollars, or imprisoned not exceeding one year, or both, or either, at the discretion of the court.(h) All acts or parts of acts of assembly inconsistent with this act are hereby repealed, except in counties or cities where special acts are in force for the same purpose: Provided, That the provisions of this act shall entail no expense to the counties or cities. 2 July 1839 § 34. P. L. 526. Vacancies in the office of governor, how supplied. Speaker of the senate, or person exercising the office of governor, to issue writs for an election. 2 July 1839 § 35. P. L. 526. XXXII. Elections to supply vacancies. (1.) In the office of governor. 289. In case any vacancy shall occur in the office of governor of this commonwealth, more than three calendar months next preceding the second Tuesday in October in any year, it shall be the duty of the speaker of the senate, or whoever shall be in the exercise of the office of governor, to issue his writs to the sheriffs of the several counties, requiring them to give the usual notice that an election to supply such vacancy will take place on the second Tuesday in October next thereafter; and when such vacancy occurs within three calendar months before the second Tuesday in October, it shall be the duty of the speaker of the senate, or whoever shall be in the exercise of the office of governor, to issue his writs, as aforesaid, requiring notice of such election on the second Tuesday in October next after the issuing of said writ, and in each case, said writ shall issue at least three calendar months before the election. (2.) In the legislature. 290. Every writ which shall be issued by the speaker of either house of the legislature, in pursuance of the constitution of this commonwealth, to supply a vacancy in such house, shall be directed to the sheriff or sheriffs of the proper county or counties, as the case may be, and shall particularly express the day on legislature to issue which the election shall be held to supply such vacancy. If such writ shall be Writs to supply vacancies in the and contents thereof. Ibid. § 36. When issued during the session, election to be held within thirty days. When such writ to be countermanded. Ibid. § 87. Provision, in case the governor convenes the legisla ture. Ibid. § 38. When writ to be delivered to the sheriff. His duties. Ibid. § 89. When secretary to lay returns before the speaker. 16 Jan. 1855 § 1. P. L. 1. Vacancies during the recess, how supplied. issued by the speaker of the senate, during the recess of the legislature, he shall, except as is hereinafter provided, direct the election to be held at the time appointed for holding the general elections. 291. If such vacancy shall happen during the session of the legislature, or if the members shall be required by their own adjournment, or by the governor, to meet at some time previous to the next general election, the speaker issuing the writ, shall appoint a time as early as may be convenient, not exceeding thirty days thereafter, for holding such election. But if the return of such election cannot be made before the time appointed for the adjournment of the legislature, such writ shall not be issued, or if issued, shall, in the case of a vacancy in the house of representatives, be countermanded, and in case of a vacancy in the senate, shall, by another writ issued as aforesaid, be extended until the next general election. 292. If, after a writ shall have been issued, directing the election to fill such vacancy to take place on the day of the general election, or countermanding a previous writ, as aforesaid, the governor shall issue his proclamation for convening the legislature, the sheriff to whom such writ shall be directed, shall give notice, as is hereinafter provided, of an election to be held within thirty days after the date of such proclamation. 293. Every writ for holding a special election as aforesaid, shall be delivered to the sheriff, to whom the same shall be directed, at least fifteen days before the day appointed for such election; who shall forthwith give due and public notice thereof throughout the county, at least ten days before such election, and shall send a copy thereof to at least one of the inspectors of each election district therein. 294. In all cases of election to fill vacancies in either branch of the legislature, the secretary shall, on receiving the returns of such election, deliver the same, without delay, to the speaker of the house in which such vacancy occurred; and if said house is not in session when said return is received, then the same shall be delivered so soon as said house convenes. 295. Whenever a vacancy shall have occurred, or may hereafter occur, in either house of the legislature of this commonwealth, during the recess of the legislature, and the members thereof may have been or may be required, either by their own adjournment, by the governor or otherwise, to meet at some time previous to the next general election, the speaker shall issue the writ and appoint a time for holding said election to fill said vacancy, as provided for by the 36th section of the act to which this is a supplement. (h) See Leonard v. Commonwealth, 112 P. S. 607. Officers may be jointly indicted. Commonwealth v. Shaub, 5 Lanc. 121. (3.) In congress. P. L. 527. 296. Every writ which shall be issued by the governor of this commonwealth, 2 July 1839 § 39. in pursuance of the constitution of the United States, to supply a vacancy in the representation of the people of this commonwealth in the house of representatives Writs to supply of the United States, shall be directed to the sheriff of the county or counties vacancies in concomposing the congressional district, and shall particularly express the day on which the election shall be held to supply such vacancy. gress. 297. If such vacancy shall happen during the session of congress, or if con- Ibid. § 40. gress shall be required to meet at some time previous to the next general election, If issued during the governor shall appoint a time as early as may be convenient for holding such the session, govelection; otherwise, he shall direct the election to be held at the time appointed ernor to appoint for holding the general elections. day of election. sheriff. His duties. 298. Every writ for holding a special election as aforesaid shall be delivered to Ibid. § 41. the sheriff to whom the same may be directed, at least fifteen days before the day when writ to be appointed for such election; who shall forthwith give due and public notice thereof delivered to the throughout the county, at least ten days before such election, and shall send a copy thereof to at least one of the inspectors of each election district therein. 299. When the returns of any special election for a member of the house of representatives of the United States shall be received by the secretary of the Governor to procommonwealth, the governor shall declare by proclamation the name of the person claim name of elected; and he shall also, as soon as conveniently may be thereafter, transmit the person elected. returns so made to the house of representatives of the United States. XXXIII. Special elections. Ibid. § 42. P. L. 42. 300. Special elections, and all elections for city, ward, borough and township 30 Jan. 1874 § 23. officers, for regular terms of service, shall be regulated and conducted in like manner as general elections, and by the same officers, who shall perform the same Special elections, duties and be subject to the same penalties as are provided for general elections, &c. unless otherwise provided for in this act. XXXIV. Contested elections. (1.) Classification. 301. The several classes of elections which may be contested in this common- 19 May 1874 § 1. wealth are hereby distinguished and designated as follows, to wit: I. The governor and lieutenant-governor of the commonwealth. P. L. 280. Classes of con II. Electors of president and vice-president of the United States, and all officers tested elections. of this commonwealth (except governor and lieutenant-governor), who now are or hereafter shall be required to be elected by the qualified voters of the state at large. III. The judges of the several courts of record, to be learned in the law, other than judges of the supreme court. IV. All other officers (excepting members of the general assembly), whether elected by the qualified voters of counties, cities, townships, boroughs, wards, school districts or any other division of the state. (2.) Of governor and lieutenant-governor. 302. Cases of the first class shall be tried and determined by a committee 19 May 1874 § 2. selected from both houses of the general assembly, in the manner and under the regulations hereinafter prescribed. P. L. 209. Ibid. § 20. 303. Contested elections of governor and lieutenant-governor shall be tried and determined by a committee to be selected from both houses of the general Governor and lieuassembly, and formed and regulated in the following manner: tenant-governor. Ibid. § 21. Petition and pro 304. Upon the petition, in writing, of at least one hundred qualified electors of the commonwealth, accompanied by the affidavit, taken and subscribed by at least twenty of the petitioners, before some person having authority to administer ceedings thereon. oaths, that the facts set forth are true to the best of their knowledge and belief, and a certificate from the prothonotary of the county or counties where the petitioners reside, that they are all qualified electors, being presented to the president of the senate within ten days from the organization of the legislature next succeeding the election complained of, he shall immediately give information thereof to both houses; such petition being read in each house, shall be laid on the table, without any question taken thereon, until the two houses shall proceed thereon, in manner following: Ibid. § 22. 305. The senate and house of representatives shall, on a day and hour to be agreed on between them, which day shall be within five days of the reception of Joint meeting of the petition, as aforesaid, shall convene in the hall of the house of representa- the senate and tives, where the petition shall be read by the clerk of the senate; the names of house of reprethe members of each house shall then be called over by the respective clerks, and sentatives. 19 May 1874 § 22. a quorum of each house being present, a joint committee shall be formed as follows: P. L. 209. Committee on the I. The names of all the senators present, except the president pro tempore, shall part of the senate. be written on distinct pieces of paper, as nearly alike as may be, each of which shall be rolled up and put into a box by the clerk of the house of representatives, and placed on the speaker's table. Ibid. § 28. Committee on the part of the house II. The clerk of the senate having shaken and intermixed the said papers, shall draw them out one by one, and put them alternately into three boxes, also placed on the speaker's table. III. When the whole number shall be thus distributed, the clerk of the house of representatives shall shake and intermix the papers in each box, and shall draw alternately from each box the papers so rolled up, and shall deliver them singly to the speaker of the house of representatives. IV. The speaker of the house of representatives shall open the said papers singly, and read aloud the name on each, and then deliver the papers singly to the president of the senate, who shall place them openly on the table. V. A member of each house, to be designated by the respective presiding officers, shall take down in writing the name so called, and shall each of them repeat aloud the name so written, until the number of twelve names be drawn out and written down. 306. The like proceedings shall then be had for drawing twenty-five members of the house of representatives for the purpose: Provided I. That the duties herein enjoined upon the clerk of the house of representatives, of representatives. shall be performed by the clerk of the senate. Ibid. § 24. II. That the duties enjoined upon the clerk of the senate shall be performed by the clerk of the house of representatives. III. That the duties hereinbefore enjoined upon the speaker of the house of representatives shall be performed by the presiding officer of the senate. IV. That the duties herein before enjoined upon the president of the senate shall be performed by the speaker of the house of representatives, whose name shall not be placed in the box. 307. If any objection be made by either of the parties to any member so drawn by lot, such member shall be discharged, and another name be drawn to supply the Challenges regu- place, and so on until the whole number of twelve senators and twenty-five members of the house of representatives shall be completed; and in all cases the members drawn in place of those objected to, shall be in like manner liable to be set aside, and others shall be drawn in their places; but if so many be set aside by reason of objections, as aforesaid, that there shall not remain more than the number aforesaid, then no further objections shall be admitted. Ibid. § 25. Remaining names to be drawn and read. Ibid. § 26. 308. When the number aforesaid shall be completed, the clerk of the house of representatives shall draw out, one by one, the names of the remaining members of the senate, and deliver them singly to the speaker of the house of representatives, who shall unfold and read them aloud; and the clerk of the senate shall, in like manner, draw out the names of the remaining members of the house of representatives, and deliver them singly to the speaker of the senate, who shall unfold them and read them aloud; and if any unfairness or mistake shall then be discovered therein, the whole proceedings shall be set aside, and the same shall be renewed in manner and form hereinbefore directed; but after the committee is sworn, no objection for such cause shall be received. 309. When the proceedings aforesaid shall be concluded, a list of the twelve members of the senate and a separate list of the twenty-five members of the house until the commit of representatives, so drawn, shall be given to each of the parties, who shall imme Parties to strike tee is reduced to the proper number. Ibid. § 27. Members not to leave the convention. Ibid. § 28. Remaining names to compose the committee. Oath. Ibid. § 29. diately withdraw to some adjoining room, with a clerk or member appointed by the joint vote of members present, where they shall proceed to strike off alternately the names upon such list, until the number shall be reduced to four members of the senate and nine of the house of representatives. 310. On the parties withdrawing to form such select committee, the members of both houses shall continue convened, and the members whose names,shall have been drawn out of the boxes shall not depart the conference room without leave, until the time and place for the meeting of the select committee shall be fixed as hereinafter provided. 311. Within one hour from the time of withdrawing as aforesaid, the parties shall deliver to the presiding officer of the senate the names of the said four members of the senate and nine of the house of representatives remaining on the list, who shall then respectively take an oath or affirmation, to be administered by the presiding officer of the senate, to try the matter of the petition and to give a true judgment thereon, according to the evidence, unless the committee shall be dissolved. 312. The time and place for the meeting of the select committee so appointed, Time and place of shall then be directed by the joint vote of the members of both houses, which time shall be within forty-eight hours of the appointment. meeting. Ibid. § 30. 313. If any person appointed a member of such select committee shall, at the time of such appointment, swear or affirm that he cannot, without great inconven P. L. 209. ience, serve on such committee, he shall be excused, and in such case another 19 May 1874 § 80. shall be substituted. But if any member of such committee shall neglect to attend upon the committee, his name shall be reported in writing to the house of which When a member he shall be a member, and unless satisfactory reasons be given for his non-attendance, may be excused. he shall be reprimanded by the presiding officer of the house of which he is a Reprimand for member. failure to attend. Ibid. § 31. Chief justice to 314. The select committee so chosen shall be presided over by the chief justice of the supreme court, who shall decide questions regarding the admissibility of evidence, and he shall, upon request of the committee, pronounce his opinion upon preside. other questions of law involved in the trial; but he shall not have a vote on the final determination of the case. Immediately after the appointment of the select committee aforesaid, the presiding officer of the senate shall notify the chief justice of the supreme court thereof, and he shall immediately attend the meetings of the committee, as the presiding officer thereof. His powers. Ibid. § 82. 315. The select committee shall sit from day to day, Sundays excepted, at such hours as shall not interfere with their attendance in the legislature; but, unless Sittings of the nine of their number be present, the committee, after waiting one hour, shall committee. adjourn to the next day; and if the number of the committee shall unavoidably be reduced to less than nine members, and shall so continue for the space of three days, Sundays excepted, the committee shall be dissolved, and there shall be another chosen in manner aforesaid: Provided, That when the two houses shall stand adjourned for more than three days, the committee may adjourn to the same time. Ibid. § 83. 316. The select committee shall have power to send for persons, papers and records, and to compel the attendance of and examine all witnesses who may Their powers. come before them, upon oath or affirmation, which the chief justice of the supreme court, or clerk of the committee, may administer in their presence, and to decide not only on the validity of such contested election, but also which of the candidates had the greatest number of legal votes. Ibid. § 84. May compel un 317. When it is proven to the satisfaction of said committee, that any person, not a legally qualified voter, voted at any such contested election, it shall be lawful for said committee to compel said voter to disclose, under oath, for which qualified persons of the respective candidates he voted; but when the committee examines the to disclose for witness on oath as to the person or persons for whom he voted, and said witness, whom they voted. on such examination, discloses the names of the persons for whom he voted at such election, he shall not afterwards be presented for having illegally voted at such election. Ibid. § 35. Proceedings of the 318. The doors of the room in which the select committee shall meet shall remain open during the examination of witnesses, but may be shut at any other time; all determinations required to be made by such committee shall be by a committee regumajority of the whole number appointed; and as soon as the committee shall have lated. agreed upon the same, two reports thereof shall be made in writing, one of which shall be delivered to the presiding officer of the senate, and the other to the Report. speaker of the house of representatives; which reports shall be entered on the journals of the respective houses, and shall be final and conclusive. 319. If the committee, or a majority thereof as aforesaid, shall report that either of the candidates had the greatest number of legal votes, and ought to be admitted to the office, such candidate shall thereupon be entitled to such office. Ibid. § 36. Report to be final. Ibid. § 37. When election 320. If the committees, or a majority thereof as aforesaid, shall report that such election or return is invalid, a new election shall take place on the day of the general election ensuing, agreeably to the constitution, of which the presiding declared void, officer of the senate and speaker of the house of representatives shall immediately writs to be issued give notice, by their joint writ directed to the sheriffs of the respective counties; for a new election. and the sheriffs of the respective counties shall give due notice thereof according to law. (3.) of state officers. &c. Ibid. § 4. 321. Cases of the second class shall be tried and determined by the court of 19 May 1874 § 5. common pleas of Dauphin county; and for the purpose of hearing and determin- P. L. 209. ing the complaint in the petition in such cases, the court of common pleas of the Contested elections twelfth judicial district shall notify to sit with it, on the hearing of such com- of state officers, plaint, two president judges, learned in the law, residing nearest to the court-house of the said judicial district; and the judges so notified shall appear and sit as part of the said court on the hearing, trial and determination of such petition. 322. After the hearing of the said case, the said judges shall without unneces sary delay, decide which of the candidates voted for received the greatest number Decree to be enof legal votes, and is entitled to the office; which decision shall be entered of tered of record. record to the case in the said court, and a certified copy thereof shall, within five days from the rendering thereof, be delivered to the secretary of the common- Party having the wealth; whereupon the person who, by the decision of the court, shall appear to highest number of have received the largest number of votes, shall be entitled to the office, and be votes to be comcommissioned accordingly. missioned. 19 May 1874 § 5. P. L. 209. Contested elections of judges. Ibid. § 6. Court, how composed. (4.) Of judges. 323. Contested elections of president or additional law judges of any of the judicial districts of this commonwealth, shall be tried and determined before the court of common pleas of the county where the person returned as elected shall reside in manner following: 324. Upon the petition in writing of at least fifty qualified electors of the district for which the person whose election is contested was returned as elected, Petition and proceedings thereon. accompanied by the affidavit of not less than ten of such petitioners, being presented in due form to the attorney-general of the commonwealth, complaining of an undue election or false return of any president or additional law judge of any judicial district of the commonwealth, the attorney-general shall immediately notify the governor thereof, who shall, without delay, direct the three president judges residing nearest to the court-house of the county composing the district, or if more than one county composes the judicial district, then those nearest the court-house of the most populous county of the district, to convene, without delay, the court of common pleas of such county, and proceed to hear and determine the complaint of the said petition; and after such hearing the said judges shall, with no unnecessary delay, decide which of the candidates voted for received the greatest number of legal votes, and is entitled to the office; which decision shall be entered of record to the case in said court, and a certified copy thereof shall, within five days from the rendering of such decision, be transmitted to the secretary of the commonwealth; whereupon the person, who, by the said decision, shall appear to have received the largest number of votes, shall be entitled to the office, and commissioned accordingly: Provided, No order shall be taken on such petition, unless it shall be presented to the attorney-general within thirty days after the election complained of. Judgment. Ibid. § 7. Jurisdiction, where 325. In any contested election of any president or additional law judge in any judicial district, where there is more than one court of common pleas, the court there is more than of the next highest number to the court for which the person whose election is one common pleas contested is returned as elected, if there be one higher, and if not, the one next lower, shall perform all the duties required of the three president judges, as prescribed in the foregoing section. in the district. 12 June 1878 § 1. P. L. 204. Appeals in con tested elections of judges. Ibid. § 2. Appellants. Hearing. Ibid. § 3. Court below to find the facts and de cide the law arising thereon. Ibid. § 4. Duties of the supreme court. 19 May 1874 § 11. P. L. 215. Senators and representatives. Ibid. § 12. Petition and proceedings thereon. 326. When the election of a judge of the supreme court, or a judge of any subordinate court of record, required to be learned in the law, shall be contested, if the trial and determination of such election contest shall involve the true construction of any provision of the constitution, or if the decision shall depend on any question arising upon the constitution, an appeal shall lie from the decision of the court or judges empowered to try such contested election to the supreme court. 327. Such appeal may be taken by any person whose right to the office was tried and determined, or by any person aggrieved by the decision, within thirty days after the decision of the judges shall have been entered of record to the case in the court of common pleas. The appeal shall be filed in the prothonotary's office of the proper district, but may be heard by the said supreme court in any district; and it shall be the duty of said court to hear and decide the same, without delay. 328. To this end, it is hereby made the duty of the judges in the court of common pleas trying such election contest to, first, find separately and explicitly the facts deemed by them material to the decision, and also such other facts as any party to the contest may request them in writing to ascertain; and to, second, answer such points of law as may be submitted to them. 329. The said supreme court, having decided the constitutional question involved in such election contest, shall thereupon proceed to decide and declare which of the candidates voted for received the greatest number of legal votes and is entitled to the office, and shall cause their decision to be certified to the secretary of the commonwealth; whereupon, the person who, by the decision of the said supreme court, shall appear to have received the largest number of legal votes, shall be entitled to the office, and be commissioned accordingly. (5.) Of senators and representatives. 330. Contested elections of senators and members of the house of representatives shall be tried and determined by the court of common pleas of the county where the person returned as such shall reside, in the manner following: 331. Upon petition in writing of at least twenty qualified electors of the senatorial district, in case of a senator, and of the county, in case of a member of the house of representatives, complaining of an undue election or false return of any senator or representative, the court, if in session, or the president judge thereof, if in vacation, shall immediately appoint a suitable time for the hearing in open court of such complaint; and if the court is not in session, the president judge to whom such complaint is made, shall direct the court to convene for that purpose, notice of which shall be given to the person returned, at least ten days before such hearing; but no order shall be taken on such petition, unless it be accompanied Oath to petition. by the affidavit of at least five of the petitioners, taken before a person qualified Notice. |