1851, 226, § 6. 23 Pick. 308. ballot box by the voter in person in a sealed envelope, or open and R. S. 4, § 4. unfolded, and so that such officers can know but one ballot is presented. 1839, 2,5 SECT. 13. Votes for different persons for the same office found in one 1853, 36, § 1. envelope shall not be counted, and if more than one vote for the same Votes when to person for the same office is found in one envelope, but one such vote be rejected, &c. shall be counted, and no vote shall be counted which does not clearly indicate in writing the office for which the person voted for is designed, except when but one officer is voted for. 1853, 36, § 1. 1854, 59, § 1. termined. SECT. 14. In all elections of civil officers by the people, the person Results of elec or persons having the highest number of votes shall be deemed and tions, how dedeclared to be elected; but no persons receiving the same number of Amend. comnt. votes shall be deemed to be elected, if thereby a greater number would 1856, 157, §§ 1,2. be elected than required by law. art. 14. 1857, 185. ward officers to 1857, 311. SECT. 15. The votes in elections for national, state, county, and dis- Selectmen and trict officers, shall be received, sorted, and counted, by the selectmen, count votes. and by the ward officers, and public declaration made thereof in open 1857, 171, §§ 1, 2. town and ward meetings. The names of persons voted for, the number See Ch. 9, §§ 4, of votes received for each person, and the title of the office for which he 12. is proposed, shall be entered in words at length by the town and ward clerks in their records. The ward clerks shall forthwith deliver to the city clerks certified copies of such records, who shall forthwith enter the same in the city records. dermen and if faulty,require Other regula tions. 1852, 209, § 1. See Ch. 9, § 12. SECT. 16. The mayor and aldermen and the clerk of each city shall Mayor and alforthwith after an election examine the returns made by the returning clerk to examofficers of each ward in such city, and if any error appears therein they ine returns and, shall forthwith notify said ward officers thereof, who shall forthwith new returns. make a new and additional return, under oath, in conformity to truth, which additional return, whether made upon notice or by such officers without notice, shall be received by the mayor and aldermen or city elerk at any time before the expiration of the day preceding that on which by law they are required to make their returns or to declare the results of the election in said city; and all original and additional returns so made shall be examined by the mayor and aldermen and made part of their returns of the results of such election. In counting the votes in an election no returns shall be rejected when the votes given for each candidate can be ascertained. clerks to make secretary, &c. 1852, 53. SECT. 17. City and town clerks shall within ten days from the day City and town of an election for governor, lieutenant-governor, councillors, senators, returns of votes secretary, treasurer and receiver-general, auditor, attorney-general, rep- to ser resentatives in congress, commissioners of insolvency, sheriffs, registers 44, 101, 107. of probate and insolvency, district-attorneys, or clerks of the courts, 1850, 299, § 2. transmit copies of the records of the votes, attested by them, certified 1855, 92, § 2. by the mayor and aldermen or selectmen, and sealed up, to the secretary 1857, 171, §§ 1,2 of the commonwealth; they shall in like manner within ten days after 1857, 311. 1858, 93, §§ 4, 12. an election for county treasurer or register of deeds, transmit such copies See Ch. 9,5 12. of the records of the votes to the county commissioners of their several counties; and within seven days after an election for county commissioners, transmit such copies of the records of the votes to the clerks of the courts for their several counties; but in Suffolk the return of votes for register of deeds shall be made to the board of aldermen of Boston, and in Chelsea, North Chelsea, and Winthrop, the returns of votes for county commissioners shall be made to the clerk of the courts for the county of Middlesex. Or within three days after such elections, such clerks may deliver such copies, sealed up, to the sheriffs of their several counties, who within seven days after receiving them shall transmit them to the office of the secretary, and to the county commissioners, board of aldermen, and clerks of courts, as severally above designated. SECT. 18. Proof that a return of votes was properly directed to the Returns by person to whom it was required to be transmitted or delivered, and 1856, 255, § 2. mail. When return is tary to give no officers, who shall transmit a scaled copy. 1852, 209, § 2. mailed within forty-eight hours after closing the polls, shall be a bar to any complaint for delinquency. SECT. 19. When a return of votes from a city or town is received at unsealed, secre- the office of the secretary of the commonwealth not sealed up as by law tice to returning required, he shall forthwith give notice thereof to the returning officers; who upon the receipt of such notice shall make a copy of their record of the votes at said election and transmit the same, certified by them under oath to be correct, to the secretary, sealed up as required by law in the case of original returns. If such copy is received by the secretary before the day on which by law the returns are to be opened and the votes counted, and if upon opening said copy by the governor and council, the legislature, or any person authorized so to do, the original return is found in substantial conformity therewith, it shall not be rejected because of informality. Secretary to fur nish blanks, &c., to cities and towns. SECT. 20. The secretary shall annually furnish to the several clerks of the cities and towns blank forms and envelopes for all returns of votes required to be made to his office, with such printed directions on the Resolves, 1807, envelopes as he deems necessary for the guidance and direction of such officers in making the returns according to law. 1857, 295, § 1. 1. to record date of receiving re- Votes for gov whom exam ined. Constitution, SECT. 21. A memorandum of the date of the reception of all returns of votes at the secretary's office shall be made at said office on the envelopes containing them; and if a return required to be sealed up is received unsealed, the secretary shall make a memorandum of such fact upon said return. SECT. 22. The secretary upon receiving such returned copies shall ernor, &c., by transmit them as received with their seals unbroken to the governor and council; and the governor with five at least of the council shall as soon as may be, examine them; and he shall issue his summons to such persons as appear to be chosen to the offices of governor, lieutenant-governor, councillors, secretary, treasurer and receiver-general, auditor, 1856, 173, $$ 4.10. attorney-general, and senators; and to such persons as appear to be 1, § 2, art. 3. how certified. Amend. const. art. 16. Envelopes, &c., to be preserved legislature, &c. and laid before Amend. const. art. 16. 1857, 295, § 4. 1859, 27. Votes for coun chosen members of congress, commissioners of insolvency, sheriffs, registers of probate and insolvency, district-attorneys, and clerks of the courts, he shall forthwith transmit a certificate of such choice signed by the governor and countersigned by the secretary. SECT. 23. The governor shall in the presence of at least five councillors make and subscribe a certificate of the examination of the returns of votes for governor, lieutenant-governor, and councillors, required by article sixteen of the amendments of the constitution, and of the result of said examination. SECT. 24. After such examination, the returns shall be replaced in their respective envelopes, which with the returns and such certificate the governor shall deliver to the secretary, and the secretary on the first Wednesday of January shall lay the same, together with schedules showing the number of ballots which appear to have been cast for each person voted for, before the senate and house of representatives. SECT. 25. On the first Wednesday of the month succeeding an electy commission- tion for county commissioner, the board of examiners for the county for ers, by whom examined. Pen- which the election was held shall meet; and the clerk of the courts shall alty for neglect. R. S. 14, §§ 17, present the returned copies of votes at such election; and the board shall open and examine them and notify the person chosen of his election. If such board or clerk wilfully neglects to perform any duty required of them under this section, each of them so neglecting shall forfeit a sum not exceeding two hundred dollars. 18, 28. 1855, 3. 13 Gray, 83. Board to file copies in clerk's SECT. 26. The board shall within three days after such examination file such copies in the office of the clerk; and any one of them wilfully detaining in his custody such a copy three days after the time for filing it has expired shall forfeit fifty dollars and the same sum for each succeeding day of such detention; and the clerk shall notify the attorneygeneral of every neglect so to file, and every such detention. register of amined. SECT. 27. County commissioners shall, on the first Wednesday of Votes for counJanuary after an election for county treasurer or register of deeds in ty treasurer and their county, open and examine the returned copies of votes at such deeds, how exelection, and notify the person chosen of his election; but in Suffolk the R. S. 14, §§ 44, board of aldermen of Boston, within ten days after an election for register of deeds for said county, shall so open and examine the votes such election, and notify the person chosen. of 101. .'s. Act of Amend. § 3. 1855, 92, § 3. 1856, 118, § 4. an a 2 Gray, 370. Penalty for voting, if not qual SECT. 28. Whoever knowing that he is not a qualified voter at election wilfully votes for any officers to be then chosen, shall forfeit sum not exceeding one hundred dollars for each offence. SECT. 29. If a voter knowingly gives more than one ballot at one time of balloting at an election, he shall forfeit a sum not exceeding one hundred dollars. SECT. 30. Whoever wilfully gives a false answer to the selectmen or moderator presiding at an election, shall forfeit for each offence a sum not exceeding one hundred dollars. ified. 9 Met. 208. for giving more than one ballot. R. S. 4, § 7. for giving false answers. R. S. 4, § 8. 7 Met. 52. 1852, 321. SECT. 31. Whoever by bribery, or threatening to discharge from his for attemptemployment, or to reduce the wages of, or by a promise to give employ- voters by bribes ment or higher wages to, a person, attempts to influence a qualified voter or threats. to give or withhold his vote in an election, shall be punished by fine not exceeding three hundred dollars or by imprisonment in the county jail or house of correction for a term not exceeding one year, or both, at the discretion of court. SECT. 32. Whoever wilfully aids or abets any one, not legally qualified, in voting or attempting to vote at an election, shall forfeit a sum not exceeding fifty dollars for every such offence. for aiding ungons to vote. qualified per R. S. 4, § 9. for disorderly conduct. SECT. 33. Whoever is disorderly in a meeting held for an election mentioned in this chapter, shall forfeit a sum not exceeding twenty R. S. 4, § 10. dollars. SECT. 34. If a city or town officer wilfully neglects or refuses to perform the duties required of him respecting elections by the provisions of this chapter, he shall for each offence forfeit a sum not exceeding two hundred dollars. 16 Mass. 385. of duty. SECT. 35. The clerk of any city or town who fails to make return of on clerks. the votes given therein in conformity with the provisions of law, shall 1856, 255, § 1. be liable to a fine of not less than five and not more than fifty dollars. cities. SECT. 36. Elections in cities shall be conducted according to the Elections in provisions of the acts establishing them and of the several acts in addi- RS. 4, § 12. tion thereto, so far as they are not inconsistent with the provisions of this chapter CHAPTER 8. OF THE ELECTION OF GOVERNOR AND OTHER STATE OFFICERS. 4. Division of commonwealth into senatorial districts. 5. Districts, how constituted. 6. Apportionment of representatives. REPRESENTATIVES IN THE GENERAL Court. SECTION 7. Warrants for meeting to state number of 8. In a town constituting a district, repeated 9. Proceedings in case of failure to elect in 10. Selectmen and town clerks, &c., in com- 11. Officers apportioning representation to des- Election of gov ernor and other state officers. GOVERNOR, &C. SECTION 1. The governor, lieutenant-governor, councillors, secretary, treasurer and receiver-general, auditor, attorney-general, and senators Constitution : and representatives in the general court, shall be elected annually on 1,3, art. 1,2,3. the Tuesday next after the first Monday of November, as prescribed in 1, § 2, art. 1. 2, § 1, art. 2, 3. the constitution. 2, § 2, art. 1. Amend. const. art. 15, 16, 17, 21, 22. Division of commonwealth COUNCILLORS. SECT. 2. For the choice of councillors the commonwealth is divided into councillor into eight districts, as provided in the following section, each of which districts. Amend. const. art. 16. 1856, 307, § 1. 1857, 310. Districts, how constituted. 1857, 310. shall in the manner prescribed by the constitution and laws elect one councillor. SECT. 3. The five senatorial districts in the county of Suffolk constitute District Number One. The five senatorial districts in the county of Essex constitute District District No. 1. Number Two. District No. 2. District No. 4. District No. 5. District No. 6. District No. 7. District No. 8. The first, second, fourth, fifth, and sixth senatorial districts in the county of Middlesex, constitute District Number Three. The Franklin senatorial district, the Hampshire and Franklin district, and the central, north-east, and north-west districts in the county of Worcester, constitute District Number Four. The two senatorial districts in the county of Hampden, the two senatorial districts in the county of Berkshire, and the Hampshire district, constitute District Number Five. The north Norfolk senatorial district, the third Middlesex district, and the east, south-east, and south-west districts in the county of Worcester, constitute District Number Six. The west and east Norfolk senatorial districts and the three senatorial districts in the county of Bristol, constitute District Number Seven. The three senatorial districts in the county of Plymouth, the Cape district, and the Island district, constitute District Number Eight. SENATORS. SECT. 4. For the choice of senators the commonwealth is divided into forty districts, as provided in the following section, each of which shall in the manner prescribed by the constitution and laws elect one senator. SECT. 5. The city of Chelsea, the towns of North Chelsea and Winthrop, and the ward numbered two in the city of Boston, constitute the First Suffolk District. The wards numbered one, three, and five, in the city of Boston, constitute the Second Suffolk District. The wards numbered four, six, and seven, in the city of Boston, constitute the Third Suffolk District. The wards numbered eight, nine, and ten, in the city of Boston, constitute the Fourth Suffolk District. The wards numbered eleven and twelve in the city of Boston, constitute the Fifth Suffolk District. ton, no new division until, &c. No new divisions of wards shall be made in the city of Boston, pre- Wards in Bosvious to the next apportionment of senators and representatives. The city of Lynn, and the towns of Lynnfield, Marblehead, Nahant, Saugus, and Swampscott, constitute the First Essex District. First Essex. The city of Salem, and the towns of Danvers, Hamilton, Middleton, Second Essex. South Danvers, Topsfield, and Wenham, constitute the Second Essex District. The city of Lawrence, and the towns of Andover, Boxford, Haverhill, Third Essex. Methuen, and North Andover, constitute the Third Essex District. The city of Newburyport, and the towns of Amesbury, Bradford, Fourth Essex. Georgetown, Groveland, Newbury, Salisbury, and West Newbury, con stitute the Fourth Essex District. The towns of Beverly, Essex, Gloucester, Ipswich, Manchester, Rock- Fifth Essex. port, and Rowley, constitute the Fifth Essex District. The city of Charlestown, and the towns of Somerville, Melrose, and First MiddleMalden, constitute the First Middlesex District. Бех. The city of Cambridge, and the towns of Waltham, West Cambridge, Second MiddleWatertown, Belmont, and Brighton, constitute the Second Middlesex sex. District. 1859, 109. The towns of Ashland, Framingham, Holliston, Hopkinton, Natick, Third MiddleNewton, Sherborn, Sudbury, Wayland, and Weston, constitute the sex. Third Middlesex District. The towns of Acton, Ashby, Boxborough, Carlisle, Chelmsford, Con- Fourth Middlecord, Dunstable, Groton, Lincoln, Littleton, Marlborough, Pepperell, sex. Shirley, Stow, Townsend, Tyngsborough, and Westford, constitute the Fourth Middlesex District. The towns of Bedford, Billerica, Burlington, Lexington, Medford, Fifth MiddleNorth Reading, Reading, South Reading, Stoneham, Wilmington, Win- sex. chester, and Woburn, constitute the Fifth Middlesex District. The city of Lowell, and the towns of Dracut, and Tewksbury, consti- Sixth Middletute the Sixth Middlesex District. sex. The city of Worcester, and the towns of Holden, Paxton, and Rut- Central Worland, constitute the Central Worcester District. cester. The towns of Blackstone, Douglas, Mendon, Milford, Northbridge, South-east Sutton, and Uxbridge, constitute the South-east Worcester District. Worcester. The towns of Auburn, Brookfield, Charlton, Dudley, Leicester, Oxford, South-west Southbridge, Spencer, Sturbridge, Warren, Webster, and West Brook- Worcester. field, constitute the South-west Worcester District. Worcester. The towns of Athol, Barre, Dana, Hardwick, Hubbardston, New North-west Braintree, North Brookfield, Oakham, Petersham, Phillipston, Royalston, Templeton, and Winchendon, constitute the North-west Worcester District. The towns of Ashburnham, Fitchburg, Gardner, Harvard, Lancaster, North-east Leominster, Lunenburg, Princeton, Sterling, and Westminster, consti- Worcester. tute the North-east Worcester District. The towns of Berlin, Bolton, Boylston, Clinton, Grafton, Millbury, East Worces Northborough, Shrewsbury, Southborough, Upton, Westborough, and ter. West Boylston, constitute the East Worcester District. den. The towns of Agawam, Blandford, Chester, Chicopee, Granville, Hol- West Hamp yoke, Ludlow, Montgomery, Russell, Southwick, Tolland, West-Springfield, and Westfield, constitute the West Hampden District. The city of Springfield, and the towns of Brimfield, Holland, Long- East Hampden. meadow, Monson, Palmer, Wales, and Wilbraham, constitute the East Hampden District. The towns of Chesterfield, Cummington, Easthampton, Goshen, Had- Hampshire. ley, Hatfield, Huntington, Middlefield, Northampton, Plainfield, South Hadley, Southampton, Westhampton, Williamsburg, and Worthington, constitute the Hampshire District. The towns of Ashfield, Bernardston, Buckland, Charlemont, Colrain, Franklin. |