A Treatise on the American Law of Elections - George Washington McCrary - Google Buku

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TABLE OF CONTENTS.

CHAPTER ONE.—OF THE QUALIFICATIONS OF VOTERS

1. Power of States to fix qualifications subject to certain limitations.

Effect of the Fifteenth Amendment to the Constitution of the

Right of suffrage derived from Constitutions and statutes.

Qualifications of voters enumerated.

5. Legislation cannot add to qualifications as fixed by Constitution.

6. But may regulate the manner of exercising the right of suffrage.

7. Constitutionality of Registry laws.

8. Registry laws must not transcend the bounds of regulation.

9.

Registry laws cannot be ignored or disregarded.

10. Effect of a wrongful denial of registration to a portion of the legal

15. Power of Congress under Fourteenth Amendment considered.

16. Power of Congress under recent amendments to protect the right

17. Power of Congress under Sec. 4, Art. 1, of the Constitution.
17a. Recent decisions of Supreme Court touching power of Congress
to legislate on subject of voting at State election.

18. Disfranchisement as a punishment for desertion from the army or
the navy.

Disfranchisement not a cruel or unusual punishment.

20. Disqualification for holding office as a punishment for dueling.

21. Parol proof admissible to show fraud in naturalization.

22. Payment of tax as a qualification for voting.

23. Payment of such tax by one person for another.

24. Payment of such tax must be bona fide.

25. Of the assessment of such tax.

26. Of persons exempt from taxation under law of Massachusetts.

27. Of action against Assessors for omitting to tax voter.

28. Assessors no right to assess tax for the purpose of conferring the

29. Residents within a navy yard, arsenal, or the like no right to vote.
30. But otherwise as to persons residing upon certain military reser-

vations.

31. Test oath applied to voters constitutional.

34. Of temporary absence of voter from his home.

35. Election officers bound by certificate of naturalization.

36. Change of residence.

38. The question of residence discussed.

Soldiers do not acquire residence at military posts.

42. As to residence of paupers.

Distinction between inhabitant and citizen.

46. Of residence in voting precinct.

47. Of casting vote in case of tie in certain cases.

48. Of voting by proxy.

49. Voter's privilege from arrest.

50. Idiots and persons non compos mentis have no right to vote.

51. Rights of citizens of acquired territory.

52. Persons living on Indian reservations.

54. Of the law regulating naturalization.

Power of State Courts in matters of naturalization.

56. Application for naturalization to be made in open court.

57. Of children of naturalized citizens born abroad.

58. Of Soldiers long quartered in a particular place.

59. Meaning of the words "heads of families."

60. Meaning of the words "possessed of an estate of freehold in land.”

61. Meaning of statute requiring assessment on voter "of a part of

the revenue of the commonwealth."

62. Persons voting without complying with the law presumed dis-

63. Constitutional provisions concerning voters apply to all elections.

64. Of test questions put to voters.

65. Legislature cannot add to constitutional qualifications of voters.

66. Of test oath of voters.

67. Act authorizing Governor to set aside registration held uncon-

68. Conviction of desertion necessary to disqualify voter.

As to the regulation of an election by statute.

70. Further as to residence within a military reservation

71. Domicil of unmarried man.

72. Legislatures cannot add to the constitutional qualifications of an

73. Constitutional provisions concerning idiots and lunatics.

74. Effect upon the right to vote of pardon by the Governor.

CHAPTER TWO.—OF THE QUALIFICATIONS, POWERS
AND DUTIES OF ELECTION OFFICERS.

75. Validity of acts of officers de facto.

Duties of canvassing officers ministerial.

82. But they must decide from the face of the papers what are returns.

83. Canvassing officers may not go behind the returns.

86. But may exercise judicial functions where they are expressly

conferred by statute.

87. Acts of officer within the scope of his authority presumed correct.

88. Statute fixing time for performance of official act directory.

89. Effect of the adoption of an erroneous rule as to qualifications of

90. Effect of a division of an election district.

91. Of the adjournment of an election under statute.

93. No power to recount ballots.

94. Canvassing board cannot reconvene after final adjournment,

95. Board may refuse to administer oath to voter who admits dis-

96. Further as to recount of ballots,

Amended return under Massachusetts law.

98. Certificate of election must be based on full canvass.

Governor of a State not an election officer.

100. Use of registration test by officers of election.

101. Duty to fix sufficient voting places.

108. Time of closing polls.

104. What certificate to returns, &c., may contain.

105. Election board once dissolved is functus officio.

106. Inspectors have no control over ballot after its deposit in box.

107. Amendment of record of election.

108. Only one ballot box in a precinct allowed unless more are ex-

pressly authorized.

CHAPTER THREE.-OF THE TIME, PLACE AND MANNER
OF HOLDING ELECTIONS, AND OF NOTICE.

109. Validity of elections in military camps.

111. Power of legislature to fix time and place for the election of a

representative in Congress.

112. Power of constitutional convention.

113. Power of legislature where constitution does not fix place of

114. Statutes relating to time and place mandatory.

115. What variation from place fixed will vitiate election.

115a. Slight variation of place not fatal.

116: As to form or manner of giving notice of election.

117. Actual notice when acted upon by all the electors generally suffi

118. In what cases proclamation or public announcement necessary.

119. Want of formal notice not necessarily fatal.

120. Distinction between general and special elections in regard to

notice required.

121. Statutory regulation necessary to validity of election.

As to change of place by vote of town meeting under statute of

123. Mere irregularities in elections may be disregarded.

What are to be deemed directory provisions of law.

128. Electors not to suffer by irregularities of their agents.

130. Effect of placing ballots in wrong box by mistake.

132. In what cases mistakes of election officers will be corrected.

133a. Inspectors have no control over ballot after it is deposited in box.

134. Effect of adopting erroneous rule in regard to qualifications of

135. When want of notice will vitiate election.

140. As to opening and closing polls.

141. Votes cast after legal hours when rejected.

142. Governing rules as to opening and closing polls stated.

143. Power of Congress to regulate election of representatives.

Statute fixing time for making return directory.

As to contribution of money for election purposes in violation

147a. All votes obtained by bribery or improper influence illegal.

148. As to offering consideration to the people of a county or commu-

nity to secure an election.

149. As to wager upon the result of an election.

As to status of citizens of acquired territory.

152. What questions may be submitted to a popular vote.

155. Certificate of election upon partial canvass void.

156. Parol proof to show fraud in a return.

158. Return signed by minority of board not good.

159. Law requiring two boxes held directory.

160. Transmission of return by private conveyance instead of through

161. The legislature cannot reconsider the election of a senator.

162. As to the adjournment of an election under statutory authority.

163. Ballots for state and federal officers must be deposited at same

As to manner of electing United States Senators.

165. Both Houses of the legislature must participate in such election.

166. As to return of votes unsealed.

167. Incorrect spelling of candidate's name in return.

Omission of the word junior from the candidates name.

169. Effect of tie vote.

170. As to validity of act providing for decision of election by lot in

171. Refusal of proper officer to issue certificate of election.

172. Election of member of Congress in anticipation of admission.

173. Effect of forming state government of a part of an organized

territory upon the remainder.

174. As to unsigned return.

175. As to irregularity which does not affect result.

176. In what cases Governor of State may fix time and places of hold-

ing congressional elections.

177. The House of Representatives may validate an illegal election of

representative.

178. As to power of military governor in certain cases.

179. Effect of changing congressional districts.

181. Meaning of statute requiring votes to be cast in the presence of

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