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description and advantages of, 739.
DE FACTO OFFICERS
acts of, good as to the public, 274-6, 439, 441, 452.
of legislative power forbidden by the constitution, 3,
jurisdiction to punish for, exclusively in courts-mar-
candidate cannot discontinue contested election, 513,
may be inflicted as a punishment for crime, 69, 73,
only incurred after trial and sentence, 69, 81.
cannot be adjudged by election officers, 69.
effect of, 73, 83.
power of the states to inflict, 82.
effect of vote for disqualified person, 129, 144, 150.
for acting as election officers, 274.
by acceptance of another office, 655.
of election district, destroys the functions of local
requisites of a valid, 681.
to fill a vacancy, 679, 684.
electors must vote in their proper, 214, 223, 236.
what is an election district, 238.
effect of division of, 517, 526.
not required to be uniform, 50, 63, 176.
liability of, to action, 39, 52, 190, 192.
nature of the action against, 194.
what persons incompetent to act as, 274.
privilege from arrest, 280.
acts of, when ministerial, 395, 400.
election must be held by proper officers, 451.
neglect of directory provisions by, not cause for re-
courts cannot try contested elections of, 455.
are annual officers, 523..
courts cannot allow extra compensation to, 590.
power to regulate, is exclusively in the states, 27, 49, 72.
when action lies for refusal of, 34.
not a right of property, 36, 90.
may be taken away by the states, 38, 94.
negro suffrage, 49, 65.
prior to the 15th amendment, negroes did not enjoy
ELECTORS. See VOTERS
meaning of, 143.
of office may be recovered from a usurper, 391.
of intention of voters, when admissible, 258, 264, 369,
returns, when evidence, 286.
election papers, 378, 409, 480.
if imperfect, may be sustained by parol, 378.
best evidence must be produced, 384, 480.
declarations of voters, for what purpose admissible,
circumstantial, to prove how an elector voted, 385, 408.
what may be proved in a contested election case,
rebutting testimony, 416, 422.
motives of, in making appointment, not inquirable
EX POST FACTO LAWS
definition of, 37.
characteristics of, 38, 71.
what are, 86-7.
FAILURE TO ELECT
where two polls are opened, both illegal, 583.
FEES OF OFFICE
election confers right to, 605, 611.
may be recovered from a usurper, 605, 610.
by action for money had and received, 605, 610.
question of, not to be submitted, without evidence to
what amounts to, in election officers, 423, 432.
FREEDOM OF ELECTION
interference with, by military power, 603-5.
cannot delegate the power of legislation, 3.
nor confer the elective franchise on other classes than
effect of, on the election, 236, 249, 558.
do not affect the election, unless sufficient to change
if elector vote twice, second vote to be rejected,
votes received without preliminary proof illegal, 492,
vote of elector whose faculties are enfeebled by age,
not illegal, 493.
vote of idiot, illegal, 493.
when illegal voting punishable by indictment, 695.
what are, 143.
for illegal voting, when sustainable, 695, 703.
requisites of, for illegal voting, 705, 710.
particular disqualification must be stated, 705, 710.
requisites of, against election officers, 711, 727.
different officers cannot be joined, 711.
what is an, 134.
bribery of elector is not, 134.
exerted on voters, effect of, 616.
when indictable, 616.
when it avoids an election, 616.
does not mean citizen, 160, 168.
will be granted to quiet possession of office during a
not granted to restrain certifying of fraudulent re-
when granted, in matters relating to elections, 623.
when it disqualifies a person from voting, 196, 212-13.
do not vitiate an election, 260-1, 270-1, 320, 328, 423,
what are deemed irregularities, 448, 449, 453.
will not be granted, in contested election case, 360,
when elective, can be chosen in no other manner,
remarks on an elective judiciary, 692.
evils of the system, 692-3.
to try contested election, when exclusive, 143, 557,
supervisory jurisdiction of the courts, 210, 557.
cannot be delegated to the people, 3.
constitutional rights of electors above, 44.
petition not filed within time of, will be quashed, 503.
held otherwise, 515-16.
how computed, 133, 299.