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Court to fill vacan
officers for new
of their duties; and if said election officers shall refuse to overs is to be pre- permit said overseers to be present, and perform their duties
as aforesaid, such officer or officers shall be guilty of a misdemeanor, and on conviction thereof shall be fined not exceeding one thousand dollars, or imprisoned not exceeding one year, or both, in the discretion of the court; or if the overseers shall be driven away from the polls by violence or intimidation, all the votes polled in such election district may be rejected by the proper tribunal trying a contest under said election, or a part or portion of such votes aforesaid may be counted, as such tribunal may deem necessary to a
just and proper disposition of the case. Opening and clos
SECTION 5. At all elections hereafter held under the laws ing of polls. of this commonwealth, the polls shall be opened at seven
o'clock A. M. and closed at seven o'clock P. M.
SECTION 6. In all election districts where a vacancy exists cases, and appoint by reason of the disqualification of the officer or otherwise
in an election board heretofore appointed, or where any new districts.
district shall be formed, the judge or judges of the court of common pleas of the proper county shall, ten days before any general or special election, appoint competent persons to fill said vacancies and to conduct the election in said new districts; and in the appointment of inspectors in any clection district both shall not be of the same political party; and the judge of elections shall, in all cases, be of the political party having the majority of votes in said district, as nearly as the said judge or judges can ascertain the fact; and in case of the disagreement of the judges as to the selection of inspectors, the political majority of the judges shall select one of such inspectors, and the minority judge or judges shall
select the other. How vacancies on
SECTION 7. Whenever there shall be a vacancy in an eleetion board on the morning of an election, said vacancy shall be filled in conformity with existing laws.
SECTION 8. At the opening of the polls at all elections it Judge to designate inspector to keep shall be the duty of the judges of election for their respec
tive districts to designate one of the inspectors, whose duty it shall be to have in custody the registry of voters, and to
make the entries therein required by law; and it shall be the Duty of other in- duty of the other of said inspectors to receive and number spector.
the ballots presented at said election. Elections to be by
SECTION 9. All elections by the citizens shall be by ballot; rallot, and ballois every ballot voted shall be numbered in the order in which
it shall be received, and the number recorded by the clerks on the list of voters opposite the name of the elector from whom received. And any voter voting two or more tickets, the several tickets so voted shall each be numbered with the number corresponding with the number to the name of the voter. Any elector may write his name upon his ticket, or
cause the same to be written thereon, and attested by a citiized. Additional oath to
zen of the district. In addition to the oath now preseribed by law to be taken and subscribed by election officers, they shall severally be sworn or affirmed not to disclose low any elector shall have voted, unless required to do so as witnesses in a judicial proceeding. All judges, inspectors, clerks
morning of election filled.
Endorsements threon author
be taken by officers.
to x ori.
Penalties for re
and overseers of any election held under this act shall, before low judges, &c.. entering upon their duties, be duly sworn or affirmed in the presence of each other. The judge shall be sworn by the minority inspector, if there shall be such minority inspector, and in case there be no minority inspector, then by a justice of the peace or alderman, and the inspectors, overseers and clerks shall be sworn by the judge. Certificates of such swearing or affirming shall be duly made out and signed by the officers so sworn, and attested by the officer who administered the oath. If any judge or minority inspector refuses or fails to swear the officers of election in the manner re- fusing to swear quired by this act, or if any officer of election shall act with- without being out being first duly sworn, or if any officer of election shall sign the form of oath without being duly sworn, or if any judge or minority inspector shall certify that any officer was sworn when he was not, it shall be deemed a misdemeanor, and upon conviction, the officer or officers so offending shall be fined not exceeding one thousand dollars, or imprisoned not exceeding one year, or both, in the discretion of the court.
Section 10. On the day of election any person whose name what proot rashall not appear on the registry of voters, and who claims quired of persons the right to vote at said election, shall produce at least one not op lists. qualified voter of the district as a witness to the residence of the claimant in the district in which he claims to be a voter, for the period of at least two months immediately preceding said election, which witness shall be sworn or affirmed and subscribe a written or partly written and partly printed affidavit to the facts stated by him, which affidavit shall define clearly where the residence is of the person so claiming to be a voter; and the person so claiming the right to vote shall also take and subscribe a written or partly written and partly printed affidavit, stating, to the best of his knowledge and belief, when and where he was born ; that he has been a citizen of the United States for one month, and of the commonwealth of Pennsylvania ; that he has resided in the commonwealth one year, or, if formerly a qualified elector or a native born citizen thereof, and has removed therefrom and returned, that he las resided therein six months next preceding said election ; that he has resided in the district' in which he claims to be a voter for the period of at least two months immediately preceding said election; that he has not moved into the district for the purpose of voting therein; that he has, if twenty-two years of age or upwards, paid a state or county tax within two years, which was assessed at least two months and paid at least one month before the election. The said affidavit shall also state when and where the tax claimed to be paid by the affiant was assessed, and when and where and to whom paid; and the tax receipt therefor shall be produced for examination, unless the affiant shall state in his affidavit that it has been lost or destroyed, or that he never received any; and if a naturalized citizen, shall also state when, where and by what court he was naturalized, and shall also produce his certificate of naturalization for examination. But if the person so claiming the right to vote shall take and
A Midavits to be Bled,
to the list.
subscribe an affidavit that he is a native born citizen of the United States, or, if born elsewhere, shall state the fact in his affidavit, and shall produce evidence that he has been naturalized or that he is entitled to citizenship by reason of his father's naturalization, and shall further state in his affidavit that he is, at the time of making the affidavit, of the age of twenty-one and under twenty-two years; that he has been a citizen of the United States one month, and has re sided in the state one year; or, if a native born citizen of the state and removed therefrom and returned, that he has resided therein six months next preceding said election, and in the election district two months iminediately preceding such election, he shall be entitled to vote, although he shall not have paid taxes. The said affidavits of all persons making such claims, and the affidavits of the witnesses to their residence shall be preserved by the election board, and at the close of the election they shall be enclosed with the list of voters, tally list and other papers required by law to be filed by the return judge with the prothonotary, and shall remain on file therewith in the prothonotary's office, subject to examination as other election papers are. If the election officers shall find that the applicant possesses all the legal
qualifications of a voter he shall be permitted to vote, and Names to be alded his name shall be added to the list of taxables by the election
officers, the word “tax," being added where the claimant claims to vote on tax, and the word “age,” where he claims to vote on age; the same words being added by the clerks in each case, respectively, on the lists of persons voting at such
Section 11. It shall be lawful for any qualified citizen of the district, notwithstanding the name of the proposed voter is contained on the list of resident taxables, to challenge the vote of such person, whereupon the same proof of the right of suffrage as is now required by law shall be publicly made and acted on by the election board, and the vote admitted or rejected, according to the evidence. Every person claiming to be a naturalized citizen shall be required to produce his naturalization certificate at the election before voting, except where he has been for five years consecutively a voter in the district in which he offers his vote; and on the vote of such person being received, it shall be the duty of the election officers to write or stamp on such certificate the word “voted,"
with the day, month and year; and if any election officer or l'enalty for re- officers shall receive a second vote on the same day, by virtue Centres senere monte of the same certificate, excepting where sons are entitled to
vote, because of the naturalization of their fathers, they and the person who shall offer such second vote shall be guilty of a misdemeanor, and on conviction thereof shall be fined or imprisoned, or both, at the discretion of the court; but the fine shall not exceed five hundred dollars in each case, nor the imprisonment one year. The like punishment shall be inflicted, on conviction, on the officers of election who shall neglect or refuse to make, or cause to be made, the endorsement required as aforesaid on said naturalization certificate.
Naturalized cillzens to produce certificate.
on same certiti cale.
Section 12. If any election officer shall refuse or neglect Penalty for ne
glecting to demand to require such proof of the right of suffrage as is prescribed as of required by by this law, or the laws to which this is a supplement, from law. any person offering to vote whose name is not on the list of assessed voters, or whose right to vote is challenged by any qualified voter present, and shall admit such person to vote without requiring such proof, every person so offending shall, upon conviction, be guilty of a misdemeanor, and shall be sentenced for every such offence no pay a fine not exceeding five hundred dollars, or to undergo an imprisonment not more than one year, or both, at the discretion of the court.
Section 13. As soon as the polls shall close, the officers of Counting of vows. election shall proceed to count all the votes cast for each candidate voted for, and make a full return of the same in triplicate, with a return sheet in addition, in all of which the Returns. rotes received by each candidate shall be given after his or her name, first in words and again in figures, and shall be signed by all of said officers and certified by overseers, if any, or if not so certified, the overseers and any officer refusing to sign or certify, or either of them, shall write upon each of the returns his or their reasons for not signing or certifying them. The vote, as soon as counted, shall also be publicly Vote to lie deand fully declared from the window to the citizens present, dow, and stateand a brief statement showing the votes received by each day tour posted on candidate shall be made and signed by the election officers as soon as the vote is counted, and the same shall be immediately posted up on the door of the election house for information of the public. The triplicate returns shall be enclosed who to take in envelopes and be sealed in presence of the officers, and one
charge of returns. envelope, with the unsealed return sheet, given to the judge, which shall contain one list of voters, tally-paper, and oaths of officers, and another of said envelopes shall be given to the minority inspector. All judges living within twelve miles of the prothonotary's office, or within twenty-four miles, if their residence be in a town, village or city upon the line of a railroad leading to the county seat, shall, before two o'clock post meridian of the day after the election, and all other judges shall, before twelve o'clock meridian of the second day after the election, deliver said return, together with return sheet, prothonotary. to the prothonotary of the court of common pleas of the county, which said return sheet shall be filed, and the day and hour of filing marked thereon, and shall be preserved by the prothonotary for public inspection. At twelve o'clock Prothonotary to on the said second day following any election, the prothono- court. tary of the court of common pleas shall present the said returns to the said court. In counties where there is no resident president judge, the associate judges shall perform the duties imposed upon the court of common pleas, which shall convene for said purpose; the returns presented by the prothonotary shall be opened by said court and computed by To be opened and such of its officers and such sworn assistants as the court shall appoint, in the presence of the judge or judges of said court, and the returns certified and certificates of election certified, and cerissued under the seal of the court as is now required to be litigates issued, and done by return judges; and the vote as so computed and certi- coru.
To be delivered to
present same to
made of re
Casca whore returis are missing, or fraud or mistake charged.
(One return to be placed in box.
ship and officers.
fied, shall be made a matter of record in said court. The sessions of the said court shall be open to the public. And in case the return of any election district shall be missing when the returns are presented, or in case of complaint of a qualified elector under oath, charging palpable fraud or mistake, and particularly specifying the alleged fraud or mistake, or where fraud or mistake is apparent on the return, the court shall examine the return, and if in the judgment of the court it shall be necessary to a just return, said court shall issue summary process against the election officers and overseers, if any, of the election district complained of, to bring them forthwith into court, with all election papers in their possession; and if palpable mistake or fraud shall be discovered, it shall, upon such hearing as may be deemed necessary to enlighten the court, be corrected by the court, and so certified ; but all allegations of palpable fraud or mistake shall be decided by the said court within three days after the day the returns are brought into court for computation; and the said inquiry shall be directed only to palpable fraud or mistake, and shall not be deemed a judicial adjudication to conclude any contest now or hereafter to be provided by law; and the other of said triplicate returns shall be placed in the box
and sealed up with the ballots. Nothing in this act shall Returns for townrequire the returns of election of township or borough
oflicers to be made to the court as directed in this seetion; but all returns of the election of township and borough officers shall be enclosed in a sealed cover, directed to the prothonotary of the court of common pleas of the proper county, and shall, by some one of them, be delivered
into his office within three days after every such election and When two julges filed therein. In counties where there are three or more
judges of said court learned in the law, at least two judges
shall sit to compute and certify returns, unless unavoidably A judge not to act prevented. If any of the said judges shall himself be a canwhen a candidate. didate for any oflice at any election, he shall not sit with the
court, or act in counting the returns of such election, and in such cases the other judges, if any, shall act; and if in any county there shall be no judge qualified to hold the said court,
under the provisions of this act, present and able to act, then, When register of and in every such case, the register of wills, the sheriff and wills, sheriff and
the county commissioners of the proper county shall be and constitute a board who, or a majority of whom, shall have and exercise all the powers and perform all the duties vested in, or required to be performed by the court of common pleas of such county, by and under the provisions of this section; but none of the said officers shall act as a member of such board when himself a candidate for any office at the election, the returns of which the said board is required to count under the provisions of this section. The returns required by
this act to be presented by the prothonotary of the courts of folurns, Phlalel- common pleas of the counties of Philadelphia and Allegheny, porn ones. A legheny respectively, shall be presented to such three or more of the
judges of the several courts of common pleas of said counties, respectively, as the judges of said courts, or a majority of them, may designate to perform the duty of receiving,
learned in thlaw to compute returns.
county commissioners to constitute board.