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Qualification, Assessment, Naturalization, and

Registration of Voters

AND

THE

CONDUCT OF CAUCUSES AND ELECTIONS

IN BOSTON.

TITLE I.

GENERAL PROVISIONS.

I.

of 1893.

This act shall be known and may be cited as the Election act Election Act of Eighteen Hundred and Ninety-Three.

1893, C. 417, 2. Terms used in this act and in statutes relating to

$1. elections shall have application as hereinafter set forth, unless other meaning is clearly apparent from the language or context, or from the manifest intent.

The term “ state election,” shall apply to any election Certain held for the choice of a national, state, district, or county officer, by the qualified voters, whether for a full term or

Ibid. § 2. for the filling of a vacancy; and the term “ state officer," shall apply to any person to be chosen by the qualified voters at such an election. The term city election,” shall apply to any election held in a city for the choice of a city officer, by the qualified voters, whether for a full term or for the filling of a vacancy; and the term “ city officer,” shall apply to any person to be chosen by the

terms de fined.

qualified voters at such an election.

The term “ election,” shall also apply to the taking of a vote upon a proposed amendment to the constitution

upon

the question of granting licenses for the sale of intoxicating liquors in a city,

and upon any other question submitted by statute to the vote of the people. The term

caucus,” ” shall apply to any public meeting of qualified voters of a ward of a city,

or of a representative district, held for the nomination of a candidate for election, for the selection of delegates to a political convention, or for the appointment of a political committee, under this act The term “ election officer,” shall apply to wardens, clerks, inspectors and ballot clerks, and, when on duty, to the deputies of any such officers. The term “presiding officer,” shall apply to the warden,

in charge of a polling place at an election, or, in case of the absence of any such superior officer, to the deputy warden or the clerk or senior inspector present, who shall have charge of a polling place in the absence of such superior officer. The term • polling place,” shall apply to the room or place provided in a voting precinct of a city

within which an election is held.

3. In all elections of civil officers by the people, the ceiving

person receiving the highest number of votes for an office highest

shall be deemed and declared to be elected to such office; votes to be and if two or more persons are to be elected to the same

office, the several persons, up to the number to be chosen elected, etc.

to such office, receiving the highest number of votes, shall 1893, C. 417, be deemed and declared to be elected ; but if two or more

persons receive the same number of votes, they shall not be deemed to be elected if thereby a greater number would be elected than are by law to be chosen to such office.

4. All elections in cities which by any statute are

appointed to be held on a Monday, shall be held on Tuesdays, the Tuesday next succeeding such Monday.

5. In reckoning the number of days in a period of time allowed or required by the provisions of this act and

Persons re

munber of

deemed

$ 3:

Elections in cities to be held on

Ibid. § 4:

election Jaws.

allowed for

of other statutes relative to elections, Sundays and holidays Reckoning shall be included; except that, if a period of time follows time in a certain day, act, or event, and the final day of such period falls on a Sunday or a holiday, then the day succeeding 1893, C. 417, such Sunday or holiday shall be considered the final day $ 5. of the period; and, if a period of time precedes a certain day, act, or event, and the first day of such period falls on a Sunday or a holiday, then the day preceding such Sunday or holiday shall be considered the first day of the period.

6. Indians residing within this Commonwealth shall, Indians as as citizens thereof, have all the rights, privileges and im- citizens,

rights, munities, and be subject to all the duties and liabilities,

privileges, to which all other citizens of the Commonwealth are en- etc. titled and subject.

Ibid. $ 6. 7. No person entitled to vote at a state election shall, Time to be upon the day of any such election, be employed in any voting of manufacturing, mechanical, or mercantile establishment, employees. except such establishment as may lawfully conduct its Ibid. $ 7. business on Sunday, during the period of two hours after the opening of the polls in the voting precinct or town in which he is entitled to vote, if he shall make application for leave of absence during such period.

8. Assessors, the board of election commissioners Places for and other officers, who are required by law to post lists posting and notices relating to elections, shall post all such lists and notices at or as near as may be to the places in which Ibid. § 8. voting lists are required to be posted by the provisions of section sixty-four of chapter four hundred and seventeen of the acts of eighteen hundred and ninety-three (sixtytwo of this digest).

9. No common victualler having a license of the first, Sale, etc., second, or third class mentioned in section ten of chapter

ing liquors one hundred of the Public Statutes, for the sale of intoxicating liquors under the provisions of said chapter, and days. no person other than a wholesale druggist, having a license therefor of the fourth or fifth class mentioned in said section ten, shall sell, give away, or deliver on the licensed premises any such liquors on the day on which a state, city, or annual town election is held in the city

lists and notices.

of intoxicat.

on election

Ibid. § 9.

IO.

etc., to be deemed

criminal

tions.

or town in which such premises are situated; and no innkeeper having a license for the sale of intoxicating liquors as aforesaid shall, on the day of any such election, sell, give away, or deliver in his inn any such liquors to other than guests duly registered therein; except that this section shall not apply, in case of an election held in a city on a day other than that of the annual city election

therein, to wards in which no election is held. Caucus,

In any criminal prosecution for the violation of

any law relating to caucuses or elections, if the defendant regular in

relies upon the invalidity, irregularity, or informality of

any caucus or election, or upon the failure or neglect of prosecu. any officer or person to do or perform any act or thing

whatsoever in relation to any caucus or election, or mat1843, c. 417, $ 10.

ters, or things pertaining thereto, he shall prove such invalidity, irregularity, informality, failure, or neglect; and until such proof by such defendant, the presumption shall be that such caucus or election was valid and regular; and that such officer or person acted as prescribed by law; and the testimony of the board of election commissioners of the city of Boston wherein it is alleged that such election was held, or of the presiding officer or secretary of such caucus, that such election or caucus was actually held, shall be prima facie evidence that the same was regularly and duly held; but nothing in this section shall preclude proof of the validity or regularity of such

caucus or election in any other legal manner. Registra.

In any criminal prosecution for the violation of any law in reference to the registration, qualification, or

assessment of voters, or in reference to voting lists or regular in criminal

ballots, if the defendant relies upon the invalidity, informality. or irregularity of such registration, qualification, or

assessment, or of such voting lists or ballots, or matters Ibid. $11.

or things pertaining thereto, he shall prove such invalidity, irregularity, or informality; and until such proof by such defendant, the presumption shall be that such registration, qualification, or assessment, or voting lists, or ballots, are valid and regular, and in accordance with law; but nothing in this section shall preclude proof of the validity,

.

II.

tion, etc., to be deemed

prosecutions.

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