Chap. 76.-An ACT to Provide for a General Election

1. Be it enacted by the general assembly, That there shall
be held throughout the state, on the fourth Thursday in May,
and on the first Tuesday after the first Monday in November
in each year, general elections for all officers required by law
to be chosen at such elections respectively.

Special elections ; what and when held.

2. Special elections shall be deemed to be such as are held
in pursuance of a special law, and such as are held to supply
vacancies in any office, whether the same be filled by the quali-
fied voters of the state, or of any county, district, corporation,
or township, and may be held at such time as may be desig-
nated by such special law, or the proper officer duly autho-
rized to order such election: provided, that all vacancies which
are about to occur in office by the expiration of the full term
thereof, shall be supplied at the general election next preced-
ing the time at which such term will expire.

Term of office; when to commence.

8. The term of office of all state, district, and county officers
chosen at a general election, shall commence on the first day
of January next thereafter, except it be otherwise provided by
the constitution or by this act.

4, The'term of office of all corporation and township officers
chosen at a general election, shall commence on the first day
of July next thereafter, except it be otherwise provided by the
constitution or by this act: and provided, that the term of
office of any person chosen at a special election to fill a va-
cancy in any public office, shall commence as soon as he shall
qualify for the performance of the duties of the office to which
he is elected, and shall be for the unexpired term of such office.

Notice of elections ; how given.

5. It shall be the duty of the governor, whenever a special
election is ordered by him, to issue his writs of election, de-
signating therein all the offices to be filled at such election, the
time such election is to be held, and transmit the same to the
sheriff of each county, and the sergeant of each corporation
in which such election is to be held, to be by such sheriff or
sergeant published by posting copies thereof at each voting
place in his county or corporation at least ten days before such
election.

6. .Whenever a special eléction is ordered to fill a vacancy in
any office, the regular time for filling which is the annual May
election, it shall be the duty of the officer ordering such elec-
tion, at least twenty days before such election, to issue his writ
of election, directed to the sheriff of the county or sergeant
of the corporation in which the election is to be held, desig-
nating therein the office to be filled, and the time and place of
holding the same; upon receipt of which such oflicer shall
proceed to cause public notice to be given of such election
in the same manner as he is required in the preceding sec-
tion: provided always, however, that a vacancy in any public
office, from any cause whatever, may be filled at the next gene-
ral election after such vacancy occurs, whenever so ordered.

Officers; when chosen, and for what time.

7. The governor, lieutenant-governor, and attorney-general,
shall be chosen by the qualified voters of the commonwealth,
at the general election to be held in November of the year one
thousand eight hundred and seventy-three, and every fourth
year thereafter, and shall hold their offices for the term of four

ears.
7 8, Electors of president and vice-president of the United
States, shall be chosen at the general election in November (or
such other day as congress may determine), of the year one
thoasand eight hundred and seventy-two, and every fourth
year thereafter: provided, that upon the order for a special
election of electors of president and vice-president of the Uni-
ted States, under the requirements of the federal constitution
or laws of congress, the election shall be held on the day
specified by the officer of the federal government whose duty
it is to order such election.

9. Members of the house of representatives of the United
States shall be chosen by the qualified voters of the respective
congressional districts, at the general election in November of
the year one thousand eight hundred and seventy, and every
second year thereafter, for the term of two years.

10. Members of the house of delegates shall be chosen by
the qualified voters of the respective counties, cities, towns,
and representative districts, at the general election in Novem-
ber of the year one thousand eight hundred and seventy-one,
and every second year thereafter, for the term of two years.

11. Senators in the general assembly, to succeed those whose
term of office is about to expire, shall be chosen by the quali-
fied voters of the proper senatorial districts at the same time
the members of the house of delegates are chosen, and for the
term of four years.

12. Sheriffs, attorneys for the commonwealth, county trea-
surers and superintendents of the poor, shall be chosen by the

ualified voters of the respective counties, at the general elec-
tion in November of the year one thousand eight hundred and
seventy, and every third year thereafter, and shall hold their
offices for the term of three years.

13. Clerks of the county and circuit courts shall be chosen
by the qualified voters of the respective counties at the gene-
ral election in November, of the year one thousand eight hun-
dred and seventy, and every fourth year thereafter, and shall
hold their offices for the term of four years: provided, that in
counties containing less than fifteen thousand inhabitants, the
clerk of the county court shall also be the clerk of the circuit
court.

14. In each township of the commonwealth, there shall be
chosen by the qualified voters of the townships respectively,
at the general election to be held in May, of the year one
thousand eight hundred and seventy, and annually thereafter,
one supervisor, one assessor, one township clerk, one colleetor,
one commissioner of roads, and one overseer of the poor, who
shall hold their offices for the term of one year.

15. In each township of the commonwealth there shall be
chosen annually, at the general election in May, by the quali-
fied voters of the respective townships, one: justice of the peace
and one constable, who shall hold their offices for the term of
three years: provided, that at the general election to be held
in May of the year one thousand eight hundred and seventy,
there shall be elected three fistices and three constables in
each township, who shall hold their offices one, two and three
years, respectively (the terms of each to be decided by lots
cast by the commissioners of election).

16. There shall be chosen by the qualified voters of each city
and town in the commonwealth containing a population of five
thousand inhabitants, at the general election in May of the
year one thousand eight hundred and seventy, and every sixth
year thereafter, one clerk of the corporation or hustings court,
who shall also be clerk of the circuit court of such city or town,
if there be a circuit court, who shall hold his office for the
term of six years: provided, that in cities and towns contain-
ing a population of thirty thousand or more, there may be
elected at the same time and for the same term, an additional
clerk, who shall be the clerk for the circuit court of such city
or town, if there be such court: and provided also, there shall
be elected at the same time and for the same term, a clerk of
the chancery court of the city of Richmond.

17.- There shall be chosen by the qualified voters of each
city and town in the commonwealth containing a population
of five thousand inhabitants, at the general election to be held
in May of the year one thousand eight hundred and seventy,
hnd every second year thereafter, one mayor, one common-
wealth’s attorney, one city or town sergeant, and one com-
missioner of the revenue, and as many councilmen or trustees
as are now or may hereafter be allowed by law, who shall hold
their offices for the term of two years.

18. There shall be chosen by the qualified voters of each
city and town of the commonwealth, containing a population
of five thousand inhabitants, at the general election to be held
in May, of the year one thousand eight hundred and seventy,
and every third year thereafter, one city or town treasurer, as
the case may be, who shall hold his office for the term of three
years.
19. In case the election to any public office, now or here
after required by law to be filled by the qualified voters of an:
county, corporation, township, or voting district, shall not b
specifically provided for by this or any subsequent act, then a1
election to such office may be had at the general election hel
next before the time provided by law for the term of sucl
office to commence. ,

20. All officers, whether elected or appointed under this act
shall continue to discharge the duties of their respective offices
after their terms expire, until their successors shall have quali

fied
Qualification of voters.

21. Every male citizen of the United States, twenty-on
years old, who shall have been a resident of this state fo:
twelve months, and of the county, city, or town in which h
shall offer to vote three months next preceding any election
and who is a registered voter in and a resident of the electior
district in which he offers to vote, shall be entitled to vot
upon all questions submitted to the people at such election
provided, that no officer, soldier, seaman, or -marine of th
United States army or navy, shall be considered a resident o
this state by reason of being stationed therein; and provider
also, that the following persons shall be excluded from voting

First. Idiots and lunatics.

Second. Persons convicted of bribery in any election, em
bezzlement of public funds, treason, or felony.

Third. No person who, while a citizen of this state, has, sinc
the adoption of the present constitution of this state, fought :
duel with a deadly weapon, sent or accepted a challenge tc
fight a duel with a deadly weapon, either within or beyonc
the boundaries of this state, or knowingly conveyed a chal
lenge, or aided or assisted in any manner in fighting a duel
shall be allowed to vote.

Elections; when held.

22. In all elections by the people, polls shall be opened ir
all districts, counties, corporations, and townships, in which
officers are to be elected, at each place of voting that is now
or may be hereafter prescribed by law.

Election districts; of what composed.

23. Each township in the seversl counties shall compose
one election district, unless such township is now or hereafter
may be divided by law into more districts than one, the elec-
tion to be held at such place or places in such township or dis-
trict as the board of commissioners appojnted for that purpose
{or the county court, when changes are hereafter made,) may
direct ; and each ward of any city or town that is now or here-
after may be divided into wards, shall compose one election
district, unless such ward is now or hereafter may be divided
by law into more districts than one, the election therein to be
held at such place or places as the board of trustees or council
of such city or town shall direct.

Judges of election; how appointed.

24. It shall be the duty of the county and corporation courts
annually, at the April term thereof, to select and appoint three
competent male citizens from egch voting district in their re-
spective counties or corporations, for each voting place therein,
who, when so selected and appointed, shall constitute the
judges of election for all elections to be held in their re-
spective districts for the period of one year, dating from
their appointment, and who shall have power to appoint two
clerks for each place of voting at such election. And should
any judge of election fail to attend at any place of voting for
one hour after the time prescribed by law for opening the polls
at such election, it shall be lawful for the judge or judges in
attendance, to select from among the by-standers, one or more
persons possessing the qualification of judges of election, who
shall act as judge or judges of such: election, and who shall
have all the powers and authority of judges appointed by the
proper court. Should all the judges appointed for any place of
voting, fail to attend at the place of voting for one hour after
the time prescribed by law for opening the polls at such elec-
tion, it shall be the duty of any justice of the peace of the
township in which the election is held, who shall be applied
to for that purpose, or the mayor, if the election is in any
election district in a town or city, to appoint three judges of
election for such election district, who shall possess the same
qualifications and have the same powers as judges appointed
by the proper court. Should no judges of election be ap-
pointed for any county, city, or place of voting therein, or if
appointed they neglect or refuse to act for one hour after
the time prescribed by law for opening the polls at such elec-
tion, it shall be lawful for any three competent freeholders of
the district who may be present and willing to act, upon taking
the oath prescribed for judges of elections, to proceed to hold,
conduct, and certify the election in the manner provided in this
act; and for that purpose, shall have all the powers and au-
thority of judges appointed by the proper courts: provided,
that the judges of the county and corporation courts, in term
or vacation, shall have power to fill vacancies in such appoint-
ments in their respective counties and corporations whenever
necessary to do so; and provided further, that the first ap-
pointment of judges of election under this act, may be made
at any time previous to the twenty-sixth day of May, oné thou-
sand eight hundred and seventy, by the said county and corpo-
ration courts or the judges thereof in vacation.
25. No person shall act as a judge or clerk of any election,
who is a candidate for any office to be filled at such election.
And before any judge or clerk of election enters upon the
performance of any of the duties imposed upon him by this
act, he shall take and subscribe an oath in the following form—
to wit: I, A B, judge (or clerk) of the election (as the case
may be), do solemnly swear (or affirm) that I will perform the
duties of judge (or clerk of the election, as the case may be,)
according to law and the best of my ability; and that I will
studiously endeavor to prevent fraud, deceit, and abuse in con-
ducting this election. So help me God. If there is no one
present authorized to administer oaths, then the judges of
election may administer to each other and to the clerks the
oath above provided.

Poll books; how furnished, and by whom.

26. It shall be the duty of the clerks of the several county
and corporation courts, on the first of April and October in
each year,to make out and transmit to the secretary of the
commonwealth, a list of the number of voting districts in their
respective counties 4nd corporations, together with the num-
ber of voters in each voting district; upon the reception of
which the secretary of the commonwealth shall transmit to the
said clerks respectively, duplicate poll books or poll lists for
each voting district in their respective counties or corpora-
tions, of suffisient size to contain the names of all the voters
therein: provided, for the general election in May, eighteen
hundred and seventy, the clerks of the several corporation and
county courts shall proeure and furnish the necessary poll
books for their several corporations and counties, the cost of
which shall be paid out of the said corporation or county trea-
suries.

Form of poll books and certificates of judges.

27. The following shall be the form of the poll books to be
kept by the judges and clerks of election under this act:

Poll books of the election held in the county of , in
the township of (city or town), in the year one thou-
sand eight hundred and . AB, CD and EF, judges,
and J Hand J K, clerks of said election, were respectively
sworn (or affirmed) as the law directs, previous to their enter-
ing on the duties of their respective offices.
Bis Biases stes eaek cone s605 oo ee No. 1] B. Foc. cook coe cece cece eee NOD
i Do ied adn wed does Boe ee No, 2) G. Hei. cok cece cece wees ce ee No. 4

It ishereby certified that the number of electors at this election amounts

Attest:
A B,
G H, - . C D.> Judges.
JK, Clerks. . E F.

Names of persons voted for, and for what office; containing the num-
ber of votes given for each candidate.

Representatives in state leyis-
lature.

Lieutenant- Represen’ves
Governor. | governor. | in congress.
Senate House of dele-
° gates.
A veeeceeees WO. cece ceee 1 oe WG....ceeeeee ee eee 1
Bion na nba aes ApD os peas eaas ee itdas em sans eam 0 |. Ge 1
We hereby certify that A had votes for governor, and B had voles
for governor; that C had votes for lieutenant-governor, &c.
GH, : AB,
IK, Clerks. C Dt Jus
E F,
®

When polls to be opened and closed.

28. Atall elections held under this act, the polls shall be
opened at each voting place at sunrise of the day on which the
election is directed to be had, and closed at sunset of the same
day.

Ballot boxes ; how precured and kept.

4

29. Township supervisors, and the trustees or councils of
cities and towns, shall, at the expense of their respective town-
ships and corporations, procure,a ballot box for each place of
voting in any election district destitute of the same, which
box shall be provided with a lock and key, and have an open-
ing through the lid of sufficient size to admit a single folded
ballot, and no more. The said boxes shall be kept by the
judges of election for the use of their several election districts
respectively: provided, that the ballot boxes for the election
to be held on the fourth Thursday in May, eighteen hundred
and seventy, shall be furnished by the clerks of the respective
county courts at the expense of their counties.
30. The-judges of election, or one of them, immediately be-
fore proclamation is made of the opening of the polls, shall
open the ballot boxes in the presence of the people there as-
sembled, and turn them upside down, 80 as to empty them of
ev erything that is in them, and then lock them, and the key
thereof shall be delivered to one of the said judges, and said
boxes shall not be opened except for the purpose of counting
the ballots therein, at the close of the polls, and one of the
jadges shall forthwith proclaim that the polls are open.

Voting; how done.

31. Every elector shall vote by ballot, and each person offer-
ing to vote shall deliver a single ballot to one of the judges of
election, in presence of the other two judges. ‘The ballot shall!
be a white paper ticket, and containing on the face or inside
of it, written or printed, or partly written and partly printed,
the names of the persons for whom the elector intends to vote,
and designating the office to which each person so named, is
intended by him to be chosen; but no ballot shall contain a
greater number of names of persons designated to any office
than there are persons to be chosen at the election to fill such
office, and the names of all persons voted for by an elector
shall be on one ballot.

32. The judge to whom any ballot is delivered shall, upon
receipt thereof, pronounce with an audible voice the name ot
the persdn from whom the ballot is so received, and if the
name of the person is found on the registration book, and
there be no objection made, the said judge shall, without
opening said ballot, or permitting the same to be examined
(except to ascertain whether it is a single ballot), endorse
the number thereon corresponding to the number that the
elector will have on the poll book, and deposit the same in
the ballot box; whereupon the name of the elector shall be
checked on the registration book by ene of the judges, and
entered by the clerks of election on the poll books and cor-
rectly numbered, in accordance with the number of electors
theretofore recorded.

Challenges; how made, and by whom.

33. Any elector may, and it shall be the duty of the judges
of election, to challenge the vote of any person who may be
know n or suspected not to be a duly qualified voter.

34. When any person is so challenged, the judges shall ex-
plain to him the qualifications of an elector, and may examine
him as to his qualifications, and if the person insists that he is
qualified, and the challenge is not withdrawn, one of the judzes
shall tender to him the following oath: “You do solemnly
swear (or affirm) that you are a citizen of the United States.
that you are twenty-one years old, and that you have resided
in this state for twelve months, and in this county (city or
town) for three months next preceding this election; and
that you are not disqualified from voting by the constitution
or laws of this state; that your name is (here insert the name
given), and that in such name you were duly registered as a
voter of this election district, and that you are now an actual
resident of the same, and that you are the identical person
you represent yourself to be, and that you have not voted in
this election, at this or any polling place. So help you God.”
And if he refuses to take such oath his vote shall be rejected ;
if, however, he does take the oath when tendered, his vote
shall be received: provided, that after such oath shall have
been taken, the judges may, nevertheless, refuse to permit such
person to vote if they be satisfied, from record evidence, or
their own knowledge, or other legal testimony adduced before
them, that he is not a legal voter; and they are hereby autho-
rized to administer the necessary oaths or affirmations to all
witnesses brought before them to testify to the qualifications
of a person offering to vote. Whenever any person’s vote
shall be received, after having taken the oath prescribed in
this section, it shall be the duty of the clerks of the election
to write on the poll books, at the end of such person’s name,
the word “sworn.”

How polls closed; vote canvassed; returns made.

35. As soon as the polls are finally closed (of which closing
proclamation shall be made by the judges fifteen minutes pre-
viously thereto), the judges shall immediately proceed to can-
vass the vote given at such election, and the said canvass shall
be continued without adjournment until completed, and the
result thereof declared.

36. The canvass shall commence by taking out of the box
the ballots unopened (except so far as to ascertain whether
each ballot is single), and counting the same to ascertain whe-
ther the number of ballots corresponds with the number of
names on the poll books; and if two or more separate ballots
are found so folded together as to present the appearance of
a single ballot, they shall be laid aside until the count of the
ballots is completed. Then, if upon a comparison of the said
count with the number of names of electors on the poll books,
it appears that the two ballots thus folded together were cast
‘by the same elector, they shall be destroyed. If the ballots
in the ballot box are still found to exceed the number of the
names on the poll books, then the whole of the ballots shall
be replaced in the ballot box; and after the same shall be well
shaken, the conductor, or one of the judges of the election,
being blind-folded, shall draw therefrom a sufficient number
of ballots to reduce the same to a number, equal to the num-
ber of names of electors on the poll books. The number of
ballots thus being made to agree with the number of names
on the poll books, the books shall be signed by the judges,
and attested by the clerks, and the number of names thereon
shall be set down, in words and figures, at the foot of the
lists of electors on the poll books, and over the signature of
the judges and attestation of the clerks, in the manner and

form prescribed by the twenty-seventh section of this act:

provided, that whenever the number of ballots is reduced, by
the destruction of fraudulent ballots, below the number of
names of electors on the poll books, the cause of such reduc-

tion shall be stated at the foot of the list of electors on the

poll books, before the signing and attesting the same by the

judges and clerks respectively. .

37. After the poll books are thus signed, the judges shall,
{in the presence, if desired, of not exceeding two friends of
each political party represented by the persons voted for in such
election,) proceed to count and ascertain the number of votes
cast for each person voted for; and the tickets or ballots shall
be distinctly read, and as soon as read and canvassed, shall be
strung by one of the judges on a string, and the clerks shall
set down on the poll books, next after the certificate of the
judges at the foot of the list of electors as the returns of the
election, the name of every person voted for, written at full
length, the office for which such pergon received such votes,
and the number of votes he received; the number being ex-
pressed in figures, and also at full length in writing, in accord-
ance with the form prescribed in section twenty-seven of this
act; which said returns, when so made out, shall be signed and
attested as provided in said twenty-seventh section of this act:
provided, that no person other than the judges of the election
ehall handle the ballots.

38. If a ballot is found to contain a greater number of
names for any one office than the number of persons required
to fill the said office, the said ballot shall be considered void as
to all the names designated to fill such office, but no further;
but no ballot shall be void for containing a less number of
names than is authorized to be inserted therein.

39. After canvassing the votes in the manner aforesaid, the
judges, before they adjourn, shall put under cover one of the
poll books, seal the same, and direct it to the county or corpo-
ration court clerk of the county or corporation (as the case
may be) in which the election is held; and the poll book, thus
sealed and directed, together with the ballots strung as afore-
said, enclosed and sealed, shall be conveyed by one of the
judges, to be determined by lot, if they cannot otherwise agree,
to the clerk to whom they are directed, on the day following
the election; and the other poll book shall be deposited with
the clerk of the township in which the election is held; or if
in a town or a city having a corporation court, to the office of
the mayor of such town or city, there to remain for the use of
the persons who may choose to inspect the same. The clerk
to whom the ballots are delivered as aforesaid, shall deposit
the same in his office, without breaking the seal, where they
shall be safely kept for twelve months; and he shall not allow
the same to be inspected, unless in cases of contested elections,
or unless the same become necessary to be used in evidence,
and then only on the order of the proper court or officer.
Vote; how canrassed.

40. It shall be the duty of the county and corporation courts,
in the order appointing the judges of election for their respec-
tive’ counties and corporations, to designate five of the persons
sO appointed, to act as commissioners, three of which said
commissioners, when so designated, shall constitute a board
(of which the clerk of the court so appointing shall, ex-officio,
be clerk), whose duty it shall be to meet at the clerk’s office of
the county or corporation for which they are appointed, on
the second day after any election held therein, and proceed to
open the several returns which shall have been made at that
office. And the said commissioners shall determine the per-
sons who have received the greatest number of votes in the
county or corporation for the several offices voted for in such
elections. Such determination shall be reduced to writing, and
signed by said commissioners and attested by the clerk, and
shail be annexed to the abstract of votes given for such officers
respectively hereinafter provided for in the forty-second sec-
tion of this act.

Who to receive certificate of election in case of county officers.

41. In all elections for the choice of any officer, unless it is
otherwise expressly provided, the oie having the highest
number of votes for any office shall be deemed to have been
elected to such office; and whenever it shall appear that any
person has received the highest number of votes for any office,

e shall receive the certificate of election: provided, that if
any two or more persons have an equal number of votes for
any county, city, or town or township office, and a higher num-
ber than any other person, the commissioners aforesaid shall}
proceed to determine by lot, in the presence of the candi-
dates, or their proxies, if desired; which of the candidates
shall be elected.

Abstracts; how certified, and to whom forwarded. ®

42. As soon as the commissioners aforesaid shall have de-
termined the persons who have received the highest number
of votes for any office, the clerk shall make out abstracts of
the votes in the following manner: First. The abstract of
votes for governor and heutenant-governor, on one sheet. Se-
cond. The abstract of votes for attorney-general, on one sheet.
Third. The abstract of votes for member or members of the
senate and house of delegates, on one sheet. Fourth. The ab-
stract of the votes for a representative in congress, on one
shect. Fifth. The abstract of votes for electors of president
and vice-president of the United States, on one sheet. Sixth.
The abstract of votes for county officers, on one sheet. Seventh.
The abstract of votes for township officers. on one sheet.
Eighth. The abstract of votes for corporation officers, on
yne sheet. Which abstracts, being certified and signed by
aid commissioners and attested by the clerk, shall be deposi-
ed in the office of the latter; and certified copies of abstracts,
aumbered one, two, three, four and five, (when said officers
1ave been voted for at said elections) under the official seal of
said clerk, shall be placed in separate envelopes¢ endorsed and
lirected to the secretary of the commonwealth, and forwarded
mmediately to the seat of government by mail ; and the said
slerk shall respectively endorse on the back of the envelope,
n which the said certified copies are enclosed, “copy of the
sbstract of votes cast for governor, &c., members of the gene-
al assembly, (as the case may be) cast at the general election
in - county, (or corporation) in eighteen hun-
dred ”

43. The clerk shall immediately make out, in pursuance of
the determination of the commissioners, a certificate of elec-
tion for each of the persons having the highest number of votes
for any county, corporation or township office, or, in case of a
tie, who have been decided elected by lot, and deliver the same
to the person elected, upon his making application therefor.

* When clerk absent, who to perform his duties.

44. Whenever it shall so happen that the clerk shall die, be
absent, or from any other casualty be prevented from opening
the returns of votes at any election, it shall be lawful for his
deputy, or such other person as may for the time being be
discharging the duties of clerk, to discharge the duties required
of such clerk by law.

State board of canvassers ; how constituted.

45. The governor, secretary of the commonwealth, auditor
of public accounts, state treasurer, attorney-genera!, or any
three of them, shall constitute the board of state canvassers.

Secretary of the commonwealth to open returns.

46. The secretary of the commonwealth, upon receipt of
the certified abstracts of the votes given in the several coun-
ties and corporations directed to be sent to him, shall proceed
to open the same (except the abstract of votes for governor and
lieutenant-governor), and shall record the same in a suitable
book to be kept by him for the purpose, and shall file and care-
fully preserve in his office said abstracts and the original en-
velopes in which they were enclosed.

Abstracts; how obtained when not forwarded, or when not received by
marl,

47. If irom any county, city or town, no such abstract of
votes shall have been received within twelve days next after
any election, by the secretary of the commonwealth, he shall
dispatch a apecial messenger to obtain a copy of the same from

1%
the proper clerk; and such: clerk shall immediately, on de-
mand of such messenger, make out and deliver to him the copy
required, which copy of the abstract of votes the messenger
shall deliver to the secretary of the commonwealth without
delay, to be recorded by him as aforesaid.

Election returns; how canvassed by state board.

48. For the purpose of canvassing the result of elections,
the state board of canvassers shall meet at the office of the
secretary of the commonwealth on the fourth Monday in No-
vember next after the election, when they shall, upon the cer-
tified abstracts on file in the office of the secretary of the com-
monwealth, proceed to examine and make statement of the
whole number of votes given at any such election for attorney-
general, members of the senate and house of delegates, repre-
sentatives in congress, and electors of president and vice-presi-
dent of the United States, or for so many of said officers as
have been voted for at such election, which statements shall
show the names of persons to whom such votes have been
given for either of the said offices, and the whole number given
to each, distinguishing the several districts, cities, towns, and
counties in which they were given; they shall certify such
statements to be correct, and subscribe their names thereto,
and they shall thereupon determine what persons have been,
by the greatest number of votes, duly elected to such offices,
or either of them, and shall endorse and subscribe on such
statements a certificate of such determination, and deliver them
to the secretary of the commonwealth.

How election ascertained when there ts a tte.

49. If any two or more persons have an equal number of
votes and a higher number than any other person for attorney-
general, member of the senate or house of delegates, member
of congress, or elector of president and vice-president of the
United States, the state. canvassers shall proceed to determine
by lot, in the presence of the candidates, which of the candi-
dates shall be declared elected. Reasonable notice shall be
given to such candidates of the time when such election shall
be so determined; and if such candidates, or either of them,
shall fail to appear in accordance with said notice, then the
state canvassers shall proceed so to determine said election in
the absence of the candidates.

Certificate of election; how tssued for state offices.

50. The secretary of the commonwealth shall record ina
suitable book, to be kept by him in his office for that purpose,
each certified statement and determination, as made by the
board of state canvassers, and shall, without delay, make out
and transmit to each of the persons thereby declared to be
elected, except to the attorney-general, who shall be commis-
sioned by the governor, a certiticate of his election, and cer-
ified by him under his seal of office; and he shall also forth-
vith cause a copy of such certified statement and determina-
ion to be published in some newspaper published in the city
f Richmond.

Returns of election of governor and lieutenant-governor ; how opened.

51. Upon the first day of the session of the general assem-
yly, the secretary of the commonwealth shall lay before each
\ouse 2 list of the members elected thereto; with the districts
hey represent, in accordance with the returns in his office.
He shall alao, on the first day of the session of the general as-
sembly, next after a governor and lieutenant-governor are
lected, deliver to the speaker of the house of delegates the
lection returns of governor and lieutenant-governor, who
shall, within one week thereafter, in the presence of a majority
of the senate and house of delegates, open said returns, and
the votes shall be counted and the election determined in con-
formity with the provisions of the second section of article
four of the constitution.

List of names of electors of president and vice-president, to be delivered
to one of the electors.

52. The secretary of the commonwealth shall prepare a list
of the names of the electors of president and vice-president of
the United States, elected at any election, procure thereto the
signature of the governor, affix the seal of the commonwealth
to the same, and deliver such certificate thus signed, to one of
said electors, on or before the first Wednesday in December
next after such election.

_ Electors of president and vice-president; when to convene.

53. The electors of president and vice-president of the Uni-
ted States shall convene at the capitol, in the city of Rich-
mond, on the first Wednesday of December, after their elec-
tion, or on such other day as congress may designate, at the
hour of twelve o’clock at noon of that day; and if there be
any vacancy in the office of electors, occasioned by death, re-
fasal to act, neglect to attend, or other cause, the electors pre-
sent shall immediately proceed to fill by ballot, and by a plu-
rality of votes, such vacancy in the electoral college; and when
the electors shall appear, or the vacancies shall have, been filled
as. above provided, they shall proceed to perform -the duties
required of such electors by the constitution and laws of the
United States.

Special elections; how and by whom superintended.

54. Special elections to fill vacancies in office shall be supe-
rintended and held, and notice thereof shall be given, returns
made and certified, votes. canvassed, results ascertained and
made known, and commissions and certificates of election
given by the same officers, under the same penalties, and sub-
ject to the same regulations as prescribed for general elections,
except otherwise provided in this act; and except, also, that
in cases where ‘there is a vacancy in the office of any officer
who has some duty to perform in such election, the duties of
such officer shall be performed by such other officer or person
as shall be appointed for that purpose.

Vacancy tn general assembly ; how filled.

55. A writ of election to fill a vacancy in the general assem-
bly shall be issued by the governor, when the vacancy occurs
by death or resignation during the recess of the general as-
sembly, and by the speaker of the house of delegates, or preai-
dent of the senate, as the case may be, when such vacancy
happens during the session of the assembly: provided, that all
vacancies now existing in the general assembly, or that may
occur prior to the second Tuesday in May, in the year one
thousand eight hundred and seventy, shall be filled at the
general election to be held in May, in the year one thousand
eight hundred and seventy, by virtue of writs to be issued by
the speaker of the house of delegates, or president of the
senate, as the case may be. Writs of election to fill vacancies
in the representation of this state in the house of representa-
tives of the United States, shall be issued by the governor.
Vacancies in the office of attorney-general shall be filled in the
same manner as provided by law for filling vacancies in the
office of lleytenant-governor.

Vacancy tn governor and lieutenant-governor ; how filled.

56. When a vacancy occurs in the office of governor and
lieutenant-governor, the attorney-general shall discharge the
functions of the office of governor until a governor shall be
elected and qualified; and shall, within five days after such
vacancy occurs, issue writs for an election to be held within
sixty days after the date of such writs; and also issue his pro-
clamation to convene the general assembly within sixty days
after such election, in order that the vote may be counted in
the manner prescribed in the constitution.

Writs of election; to whom tssued.

57. A writ of election shall be directed to the sheriff of the
county or sergeant of the corporation for which the electipn
isto be held; or, if the election is to be held for an election
district, or to fill a vacancy in the general assembly or in con-
gress, to the several sheriffs and sergeants of the counties and
corporations which, or any part of which, are included in the
district.
Vacancies in county, township, and corporation offices ; how filled,

58. Writs of election to fill vacancies in county, corporation,
and township offices, shall be issued by the judges of the county
or corporation courts of the counties or corporations in which
such vacancies occur: provided, that when a vacancy occurs
in the office of sheriff, county treasurer, of county court clerk,
or of attorney for the commonwealth of a county, the same
shall be filled by the judge of the county court of the county
in which such vacancy occurs: and provided also, that when a
vacancy occurs in the office of circuit court clerk, when the
clerk of the county court is not clerk of the circuit court, such
vacancy shall be filled by the judge of the court in which the
vacancy occurs: and provided further, that when a vacancy
occurs in the office of hustings court clerk, attorney for the
commonwealth of a city or town, such vacancy shall be filled
by the judge of the hustings court of the city or town in which
such vacancy occurs: and provided further, that when a va-
cancy occurs in the office of clerk of the chancery court of the
city of Richmond, such vacancy shall be filled by the judge
thereof, and all officers so appointed to fill vacancies, shall con-
tinue to discharge the duties of their respective offices until
their successors can be elected and qualified.

County, corporation, and townshtp offices; how vacated.

59. The removal of any county, corporation, or townshi

officer from the county, corporation, or township in which

such officer was elected, shall vacate his office; or if he fail to

qualify and give bond (when a bond is required) in the time

Presctibed by law for the commencement of his term of office,
is office shall for that cause be vacant.

60. The county and corporation courts shall have power to
remove from office all county, city, town, and township off-
cers, elective under this act, in their counties and corporations
respectively, for malfeasance, misfeasance, or gross neglect of
official duty—such removal to be deemed a vacation of the
office: provided, that the circuit courts shall have power, for
the same causes, to remove the clerks of their courts respect-
ively, and with like effect. All proceedings under this section
shall be by order of, or motion before the proper court, upon
reasonable notice to the party to be affected thereby.

Elections of members of the general assembly ; how contested.

61. Any person intending to contest the election of another,
as a senator or delegate to the general assembly, shall, within
ten days after the day on which the election commenced, give
to the other, notice thereof in writing, and a list of the votes
he will dispute, with his objections to each, and the votes
improperly rejected, for which he will contend. If he object
to the legality of the election, or eligibility of the person
elected, the notice shall set forth the objections; and the per-
son whose efection is contested, shall, within five days after
receiving such notice, deliver to his adversary a like list of all
the votes which he will dispute, with his objections, and the
votes improperly rejected which he will claim, and the notice
of his objections, if any he has, to the eligibility of the con-
testing party. Each party shall append to the list of votes he
intends to dispute or claim, an oath to the following effect :
“T do swear (or affirm), that I have reason to believe that
the persons whose names are above mentioned, are not legally
qualified (or are qualified, as the case may be), to vote in the
county of , (or corporation or district of ).”
And they shall respectively begin to take depositions within
fifteen days, and finish them within twenty days after such
election. Neither party shall have the benefit of any deposi-
tions not taken within the time above described and limited.

Notice; how given, and how deposttions taken.

62. Any notice required by this, or any other act relating to
elections, may be given, and the lists before mentioned may
be delivered, in the mode prescribed by law for giving notices.
Every deposition shall be taken, after reasonable notice, be-
fore a justice or notary pablic, who shall certify and seal up
the same, in like manner as if the deposition was in a civil suit,
and direct the same to the clerk of the house in which the seat
iy contested. When the petition of the party contesting, is
referred to a committee, the said clerk shall refer the said depo.
sitions with the petition.

Witness ; how paid, and how compelled to attend.

63. Subpeenas for witnesses shall be issued by the clerks of
the county and corporation courts, upon the application of
either party; and said witness shall be entitled to the same
allowance and privileges, and be subject to the same penalties
as witnesses summoned to attend the said courts.

Petition ; when and how to be presented to the house.

64. The petition or complaint of the contesting party shall
be presented in writing to the proper house within ten days
after its meeting, if the disputed election was held at the an-
nual November election; or if it was a special election to sup-
ply a vacancy, within thirty days after the conclusion of the
election.

How case disposed of when there is an equal number of votes for both
parties.

65. If it shall be ascertained by the house in which the con-
test is being had, after investigation, that an equal number of
legal votes were given for the petitioner and for the member
returned, the election shall be null and void, and a writ of elee-
tidn ordered as in other cases of vacancy.
Elections of governor and leutenant-governor ; how contested.

66. In all contested elections of governor, lieutenant-gov-
ernor, and attorney-general, notices of such contest shall be
given to the party whose election may be contested, within
ten days after the declaration of the result of such election
shall have been ofiicially made, and return notice shall be given
to the contestant within ten days after the reception of the
notice of contest. And depositions shall be taken and be cer-
tified to the clerk of the house of delegates, in the manner pre-
scribed for contests for seats in the general assembly ; and the
witnesses shall be summoned and be entitled to the like allow-
ance and privileges, and be subject to the like penalties, as wit-
nesses summoned to attend the county and corporation eourts.

67. Contested elections, in the cases of governor and lieu-
tenant-governor, shall be determined by the general assembly,
both branches thereof sitting in joint session in the hall of the
house of delegates, at which joint session the speaker of the
house of delegates shall preside. The-rules of proceeding to
govern such joint meetings shall be such as may hereafter be
prescribed by law.

Election of attorney-general ; how contested,

68. Contested elections, in the case of attorney-general,
shall be determined by a special court composed of three cir-
cuit judges (appointed to this duty by the executive), upon
either oral or written evidence, taken in accordance with the
laws prescribing the modes of taking and receiving testimony
in courts of justice, and such rules of proceeding as the said
court may prescribe for such cases. Notice of such contest
shall be delivered to the executive, who shall issue his proclat
mation convening the said court at the state court-house, in
the city of Richmond, at such time as he may appoint, not
exceeding ninety days after the date of such notice. Where-
upon it shall be the duty of such court to hear and determine
all cases of contested election submitted to it under the pro-
visions of this act. If any member of said court is prevented
from sitting from any cause, his place shall be filled by appoint-
ment of some other circuit judge by the executive.

Election of county, corporation, and township officers ; how contested.

69. The returns of elections of*county, corporation, and
township officers, elected under this act, shall be subject to the
inquiry, determination, and judgment of the respective county
and corporation courts, or of the county court, in case the
election was for a county and city (or town), upon complaint
ef fifteen or more of the qualified voters of the county, cor-
poration, district, or township, when the officer is elected by
a district or township, of an undue election or false return,
two of whom shall take and subscribe an oath or affirmation
that the facts set forth in such complaint are true, to the best
of their knowledge and belief; and the said courts shall, in
judging of said elections, proceed upon the merits thereof,
and shall determine finally concerning the same, according to
the constitution and laws of this commonwealth; and such
complaint shall not be valid or regarded by the court unless
the same shall have been filed, within ten days after the elec-
tion, in the clerk’s office of the proper court.

In every case, the party whose election is contested, shall,
within ten days after the complaint, be served with a copy of
the complaint and notice of the contest, in the manner pre-
scribed by law. Upon notice of the complaint being given,
as provided for in this section, each party shall be at liberty to
proceed to take all proper depositions to sustain or invalidate
said election, upon reasonable notice to the adverse party, and
the court shall proceed, at the next term after the said com-
plaint is made, to determine said contests, without a jury,
upon evidence thus furnished, and upon oral testimony, if any,
unless good cause be shown for a continuance. hen the
contest is decided, a certificate of election shall be issued to
the party in whose favor the contest is decided, in the manner
prescribed by law, unless a certificate shall have been pre-
viously issued to such person. —

Order ; how preserved at elections.

70. Any constable of a township in which an election is held,
who may be designated by the judges of election, is directed
to attend at the place of election, and he is authorized to pre-
serve order and peace at and about the same; and if no con-
stable be in attendance, the judges of the election may appoint
one or more persons specially, by writing, and he or they
shall have all the powers of a regular constable.

Disturbance of election; how prevented.

71. If any person conducts himself in a noisy, riotous or tu-
multuous manner at or about the polls, so as to disturb the
election, or insults or abuses the judges or the clerks of elec-
tion, the constable, or any other person authorized to make
arrests, may forthwith arrest him and bring him before the
judges of the election, and they, by a warrant under their

ands, may commit him to the jail of the county or corpora-
tion for a term not exceeding twenty-four hours; but they
shall permit him to vote if he be so entitled.

®
Penalty for fatlure to attend election when appointed judge, 4c.

72, Any judge, clerk or commissioner of election, who shall
fail to attend at the time and place appointed for such elec-
tion, without good and sufficient reason, shall forfeit thirty
dollars. |
Sale of entoxicating liquors prohibited on election day.

73. All bar roonis, saloons and other places for the sale of
intoxicating liquors, situated in the county, corporation ar dis-
trict in which an election is held, shall be closed from sunset
on the day previous’ to that on which any election, under this
act, is begun, until sunrise of the day after such election is
concluded; and during that time the sale or distribution of all
intoxicating liquors, In the county, corporation or district in
which an election is held, is prohibited; and any person viola-
ting this section, shall be deemed guilty of a misdemeanor,
and if convicted, punished by a fine not exceeding one thou-
sand dollars, and by imprisonment in Jail not more than one

ear. .
y Prolation of election law ; how punished.

74. If any officer, messenger, or other person on whom any
duty is enjoined by law, relative to general or special elec-
tions, under this act, shall be guilty of any wilful neglect of
such duty, or of any corrupt conduct in the execution of the
same, he shall, upon conviction thereof, be deemed guilty of a
misdemeanor, and shall be punished by fine not exeeding five
hundred dollars, and by imprisonment not exceeding one year ;
and if any officer shall be convicted as aforesaid, he shall imme-
diately be removed from ofiice.

79. Whoever knowingly votes in any election district in
which he does not actually reside, or in which he 1s not a re-
gistered voter, shall ‘be guilty of a misdemeanor, and on con-
viction thereof, shall be imprisoned in jail not exceeding one
year, and fined not exceeding five hundred dollars. _

76. Whoever votes more than once at the same election,
shall be deemed guilty of a felony, and on conviction thereof,
shall be punished by confinement in the penitentiary not less
than six months nor more than one year, and be fined not less
than fifty nor more than five hundred dollars. —

77. Any person who is not a resident of this state, who shall
vote at any election held in this state, shall be deemed guilty
of a felony, and on conviction thereof, shall be punished by
confinement in the penitentiary not less than six months nor
more than one year, and be fined not exceeding five hundred
dollars. . 3

78. Whoever, not being a qualified elector, votes at any
election with an unlawful intent, shall be deemed guilty of a
felony, and on conviction thereof, shall be punished by im-
prisonment in the penitentiary fer not less than one month
nor more than one year.

79. Whoever procures, aids, assists, counsels, or advises
another to vote, knowing that such person is not duly quali-
fied to vote at the place where and the time when the vote is
to be given, shall be deemed guilty of a misdemeanor, and on
conviction thereof, shall be fined in any sum not exceeding
five hundred dollars nor less than one hundred dollars, and be
confined in jail not less than one month nor more than six
months.

80. Whoever, by threat or bribery, attempts to influence
any elector in giving his vote or ballot, or by such means at-
tempés to deter him from giving his vote or ballot, shall be
deemed guilty of a misdemeanor, and on conviction thereof,
shall be punished by a fine not exceeding five hundred dollars
nor less than one hundred dollars, and iy confinement in jail
not less than one month nor more than six months.

81. Whoever procures, aids, assists, counsels, or advises an-
other to go or come into any county, corporation, township,
or election district for the purpose of illegally giving his vote
in such county, corporation, township, or election district,
knowing that the person is not legally qualified to vote there-
iD, shall be deemed Suilty of a felony, and on conviction thereof,
shall be punished by imprisonment in the penitentiary not less
than one year nor more than two years.

82. Whoever furnishes an elector, who cannot read the lan-
guage in which such ballot is printed or written, with a ballot,
informing him that it contains a name or names different from
those which are written or printed thereon, with an intent to
deceive and induce him to vote contrary to his inclination, or
who fraudulently or deceitfully changes a ballot of an elector,
by which such elector is prevented from voting for such can-
didate or candidates as he intended, shall be deemed guilty of
a felony, and on conviction thereof, shall be punished by im-
prisonment in the penitentiary not less than six months nor
more than two years.

83. Whoever, after proclamation made of the opening of
the polls, and at any time before the vote is fully canvassed,
fraudulently uts a ballot or ticket in the box, shall be deemed
guilty of a felony, and on conviction thereof, shall be punished

y imprisonment.in the penitentiary not less than six months
nor more than one year.

84. If any person challenged as unqualified to vote, is guilty
of wilful and corrupt false swearing or affirming in taking any
oath prescribed by this act, he shall be deemed to have com-
mitted wilful and corrupt perjury, and upon conviction thereof,
shall be confined in the penitentiary. not less than one nor more
than three years, and fined not exceeding five hundred dollars.

Fines; how applied.

85. All fines incurred under this act, shall be paid into the
treasury of the county or corporation where the offence was
committed, for the use of the common schools of such county
or corporation.

Allovance for services in election; how paid.
86. Clerks of courts shall ‘receive for their services, per-

formed uhder this act, the following fees, to wit: for making
out abstracts, for every hundred words, ten cents; for each
sertificate, with seal attached to abstract, twenty-five cents;
she fees for which abstracts and certificates shall be paid out
»f the corporation and county tredsury; for certificate to county
»fficer, with seal attached, fifty cents, which fee, as well as the
fax on said seal, shall be paid by the person receiving the cer-
ificate.

87. The sheriffs of counties and sergeants of corporations
shall each receive for their services, performed under this act,
the following fees: for posting each notice of election, the sum
of fifty cents; which fees shall be paid out of the county or
corporation treasury.

88. The judges and clerks of any election held under this
act, shall receive as compensation for their services the sum of
two dollars each; and the judge carrying the returns from his
township to the county clerk’s office shall receive for said ser-
vices the sum of one dollar; said compensation to be paid out
of the county treasury.

89. The commissioners of any election held under this act,
shall each receive as compensation for their services the sum
of two dollars, to be paid out of the treasury of the county or
corporation in which the election is held. .

90. The special messenger sent by the secretary of the com-
monwealth to any county or corporation for a copy of the ab-
stract of votes of such county, shall receive, as compensation
for his services, the sum of two dollars per day for the time
necessary to go and return from such county. or corporation,
and five cents per mile for each mile traveled in going to and
returning by the usual traveled route from the capital to the
county seat of such county.

91. Each elector of president and vice-president of the Uni-
ted States shall be allowed the same pay and mileage that may
at the time be allowed to members of the general assembly.
But no elector, who may be at the capital at the time as a
member of the general assembly, shall receive anything in ad-
dition to his pay and mileage as such member.

92.. Chapters five, six, seven, eight, nine, and ten of the
Code of eighteen hundred and sixty, are hereby repealed. °

93. This act shall be in force from its passage.