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ing too many
rolled together, it shall be considered as conclusive evidence of gether sball be
considered fræù. their being fraudulent.
Sec. 17. That is a ballot should be found to contain a greater number of names, for any one office, than the number of per. Ballots contain. sons required to fill such office, it shall be considered fraudu-inge
u names fraudu. lent as to the whole of the names designated to fill such office, lent in part. but no further.
Seo. 18. That a ballot: shall not be judged fraudulent for Containing less, containing a less number of names than are authorized to be not fraudulent. inserted.
Sec. 19. That after the examination of the ballots shall be Votes to be enu, completed, the number of votes for each person shall be enume. merated, and
number prorated, under the inspection of the judges, and set down as here- claime
ere claimed to those inafter provided in the form of the poll books, and be pablicly present. proclaimed to the people present.
Sec. 20. That the following shall be the form of the poll Form of the poll books to be kept by the judges and clerks of elections, held booke. under this act: .
Poll Book of the Election held in the township of in the county of
, on the
day of in the year of our Lord one thousand eight hundred and A. B., C. D. and E. F. judges, and J. K. and L. M. clerks of said election, were seterally sworn as the law directs, previous to their entering on the duties of their respective offices
It is hereby certified that the number of electors at this election, amounts to
E. F. S
votes for Governor; E. F.
Judges of Election..
E. F. )
votes for Governor; C. D. had We do hereby certify that A. B. had votes for Representative to Congress; G. H. had
L. M. Clerke.
pleas within two
The other to the
within three daye,
vided in certain cases.
Sec. 21. That after canvassing the votes in the manner a-.
One poll book to foresaid, the judges. before they disperse, shall put under cover be seated and one of the poll books, seal the same, and direct it to the clerk conveyed to the
clerk of common of the court of common pleas of that county, where the return pole is to be made; and the poll books thus sealed and directed, shall days. be conveyed by one of the judges, to be determined by lot, if they cannot otherwise agree, to the clerk of the county, at his office, within two days from the day of election; and the other The.com poll book, where the same is not otherwise disposed of by this township clerk act, shall be deposited with the township clerk, within three with days from the day of election, there to remain, for the use of *** those persons who may choose to inspect the same.
Sec. 22. That at all elections for State and county officers, in any county laid off and organized, between the periods at Two sets of poll which the ratio of representation is fixed by law, and before books to he pro. the next subsequent period for apportionment shall arrive, two w sets of poll books shall be provided at the expense of each town." ship; the votes given for governor, representative in Congress, senator or representative in the State Legislature, shall, in the One set to corr. manner prescribed, be set down in one set of poll books; and
w governor, etc. one of the poll books of such set, shall be sealed up by one of the judges of election, and be carried to the old county from And returns
theroof made to which such part of the new county was taken, within the same the old county: time, and under the same regulations, specified in the preceding sections, in the same manner as though such new county had not been laid off: in the second set of poll books, the theo votes for the county officers shall be set down; the judges of contain votes for the elections shall have one of the poll books of the last men.com
and return to Do tioned set, sealed up by one of their number, carried to the made to new clerk's office in the new county, in the same manner, within the county. same time, and under the same regulations before mentioned; the remaining two poll books, one of each set, shall be deposited One of each set in the office of the township clerk, for the inspectionof any person who may choose to examine the same.
Sec. 23. That on the sixth day after the election, (or sooner, in case all the returns shall be made,) the clerk of the county, pened on sixth taking to his assistance two justices of the peace of the proper day after elec. county, shall proceed to open the several returns which shall by clerk and have been made to his office, and to make abstracts of the votes two justices, in the following manner: The abstracts of votes for governor. Duplicate abshall be on one sheet; and, being certified and signed by the stracts of votes justices and clerks, shall be deposited in the clerk's office, and be made out and a copy thereof, certified under the official seal of said clerk, forwarded to shall be indorsed and directed to the speaker of the senate, ment, one by
seat of govern and forwarded immediately to the seat of government, by mail; mail, the other and the clerk aforesaid, shall make out another certified copy ceneral assem
by a member of of the abstract of votes for the governor, as aforesaid, directed by: to the speaker of the senate, and deliver the same to a member of the general assembly, to the end that the same may be conveyed to the speaker of the senate at the seat of government:
he other set to
with township clerk.
Returns to be 0.
tion, or sooner,
r goverporto Abstracts to be
made and serti. O fied.
Justices and clerk not to d
Lidity of the retarne
and said clerk shall respectively indorse on the envelop or outside of each duplicate, “certificate of the votes for governor," and the name of the county in which said votes are given.
Sec. 24. That the speaker of the senate shall, within five opened by spea: days after the General Assembly shall be organized, open and ker of the senate publish the abstracts of the votes by him received, in conformi. in five days after general assem ty to the second section of the second article of the Constitution bly is organized. of this State: and the abstracts of votes for governor, represen. Abstracts of tatives to Congress, senators and representatives to the General votes for other Assembly, sheriffs, coroners, county auditors, county treasurer, officers, how
erti. county recorder, county commissioners and county assessors,
shall be made on one sheet; and, being certified and signed, sin
the same manner as in case of abstracts of votes for governor,] A copy thereor shall be deposited in the clerk's office; and a copy thereof, certo be forwarded tified as aforesaid, shall be immediately inclosed, indorsed and w the secretary
tetary forwarded to the secretary of State: in making the abstracts
of votes aforesaid, the justices and clerk shall not decide on
ode, the validity of the returns aforesaid, but shall be governed by cide on the va- the number of votes stated in the poll books; but no paper
shall be received as a poll book of any township, unless delivered at the clerk's office by one of the judges of the election held in such township.
Sec. 25. That on the second Tuesday of October, in the
8 year eighteen hundred and thirty two, and at every period of in congress elec. J a red biennially by two years thereafter, the electors of each congressional district, districte.
that now is, or which shall hereafter be laid off and estab. lished, shall vote for a suitable person or persons to represent this State in the Congress of the United States for the term of two years, to commence on the fourth day of March next thereafter.
Sec. 26. That the clerk of the court of common pleas, in Additional ab- ' each county, to whose office a return of votes for a representa
. tive to Congress shall be made, shall, in addition to the copy retve in congress quired to be forwarded to the secretary of State by the twen
ty-fourth section of this act, make out, from the returns in his warded to the office, a separate abstract of votes for representative to Con
em gress, which he shall seal and direct to the secretary of State, ber of general and indorse on the oatside or cover thereof, the following assembly.
words: “Abstract of votes for a representative in Congress, returned to the clerk's office of,” (inserting the name of the county,) and the clerk shall sign his name thereto; and it shall be the duty of the clerk to deliver such abstract to one of the members of the General Assembly, who shall take charge of the same and deliver it to the secretary of State.
Sec. 27. That within ten days after the commencement of The returns to the session of the Legislature first to be holden after such elecernor and seere. tion, the governor and secretary of State, in the senate chamtary of State in ber, in the presence of the senate, shall open the returns made
teh. to the secretary of State, for representatives to Congress; and if
stract of votes for representa.
to be made by clerk and for
secretary of State by a mem
presence of sen.
ate within the
ecretary shall be governed by the
ded under the
on to be deci:
ernor to issue
it shall appear that returns have been received from all the counties, agreeable to the provisions of this act, the governor first ten days of and secretary shall forthwith proceed to ascertain the number session of legisof votes given to the different persons in each congressional "atu district. Sec. 28. That if such return shall not have been received When the add
tional abstract is froin all the counties as aforesaid, and abstracts shall have been not received, the received by the secretary of State from such delinquent coun-governor and se. ties, agreeably to the provisions of the twenty-fourth section of cove this act, the governor and secretary of State shall be governed, abstract forwar. so far as it relates to such delinquent counties, by the last men- provisions of the tioned abstracts; and the persons having the highest number of 24th section if votes shall be considered duly elected. Sec. 29. That if it shall appear from the returns and ab. Two or more ha
ring the highest stracts aforesaid, that any two or more persons in any of the vin
" and equal num. districts have the highest and an equal number of votes for ber of votos, elecrepresentative to Congress, the governor and secretary of State Lion
ded by lot. shall decide by lot, which of said persons shall be duly elected; and the governor shall give to each person, duly elected, a cer
Governor to give tificate of his election; which certificate shall be signed by the a certificate of governor, and sealed with the great seal of the State, and coun-election under
great seal, &c. tersigned by the secretary of State.
Sec. 30. That whenever a vacancy shall happen in the of- In certain cases lice of representative to Congress, or senator or representative of vacancy gov: to the General Assembly, in any county or counties in this State, writs of clection. entitled by law to such senator or representative, the governor of the State, for the time being, shall, upon satisfactory information thereof, issue a writ or writs of elections, to the sheriff or sheriffs of said county or counties, entitled by law to such ·senator or representatives as aforesaid, directing him to hold a special election within such county or counties, on a day speci- . fied in such writ or writs, for the purpose of filling such vacancy.
Sec. 31. That the sheriffs aforesaid, shall proceed to give Sherif to wive, notice of the time and place of holding such election, accord- notice, and elecing to the provisions of this act; and all elections held under et. and nobootinchakanan tion to be con.
. tom. the provisions of the preceding sections of this act, shall be held er cases. and conducted, and the returns thereof made to the clerk's office of the court of common pleas of the proper county, within the time specified by this act. Sec. 32. That in all elections for members of Congress, to fill
Duty of sherift any vacancy under the two preceding sections of this act, the
in transmitting said sheriffs shall, within six days after such election, at- returns of speciag tend at the seat of justice in their proper counties, and re-elections. ceive from the clerk of the court of common pleas an abstract of the votes given in such counties; and, within twenty days from the day of election, shall transmit the same to the office of the secretary of State, and take his receipt therefor, under the penalty of five hundred dollars, to be recovered before any court Penalty for nego having competent jurisdiction thereof, in an action of debt in lect. the name of the county; and it shall be the duty of the county