CUMULATIVE VOTING

description and advantages of, 739.

DE FACTO OFFICERS

acts of, good as to the public, 274-6, 439, 441, 452.
who are officers de facto, 440, 443.

DELEGATION

of legislative power forbidden by the constitution, 3,
24.

DESERTION

jurisdiction to punish for, exclusively in courts-mar-
tial, 78.

DISCONTINUANCE

candidate cannot discontinue contested election, 513,
534, 537.

DISFRANCHISEMENT

may be inflicted as a punishment for crime, 69, 73,

81.

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.

DISQUALIFICATION

effect of vote for disqualified person, 129, 144, 150.
constitutional disqualifications for office, 134.

for acting as election officers, 274.

by acceptance of another office, 655.

DIVISION

of election district, destroys the functions of local
officers, 517.

ELECTION

requisites of a valid, 681.

to fill a vacancy, 679, 684.
of judges, 685, 692-4.

ELECTION DISTRICTS

electors must vote in their proper, 214, 223, 236.

what is an election district, 238.

effect of division of, 517, 526.

!

ELECTION LAWS

not required to be uniform, 50, 63, 176.
forms of, must be strictly pursued, 448.
but only such as affect the merits, 449.
what provisions of, are directory, 529.

ELECTION OFFICERS

liability of, to action, 39, 52, 190, 192.
not liable for mistake of judgment, 98, 190.
presumptions in their favor, 98.

nature of the action against, 194.
damages in actions against, 195.
when punishable by indictment, 195.
form of indictment against, 195, 711.
are judicial officers, 196; see 400, 402.
misconduct of, when affecting the election, 268, 452.
when eligible, 274, 452.

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-
jecting the poll, 453.

courts cannot try contested elections of, 455.
appointed for state, competent to conduct presi-
dential election, 517.

are annual officers, 523..

courts cannot allow extra compensation to, 590.
may reject vote of a disqualified person, though on
the registry list, 695.

ELECTIVE FRANCHISE

power to regulate, is exclusively in the states, 27, 49, 72.
a conventional right, 27, 90.

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
the, 49.

ELECTORS. See VOTERS

ELIGIBILITY

meaning of, 143.

EMOLUMENTS

of office may be recovered from a usurper, 391.

EVIDENCE

of intention of voters, when admissible, 258, 264, 369,

385.

returns, when evidence, 286.

election papers, 378, 409, 480.

if imperfect, may be sustained by parol, 378.
effect of, 383-4, 385.

best evidence must be produced, 384, 480.
ballots the best evidence, 480.

declarations of voters, for what purpose admissible,
385, 395, 413.

circumstantial, to prove how an elector voted, 385, 408.
must be relevant, 414.

what may be proved in a contested election case,
414-15.

rebutting testimony, 416, 422.

EXECUTIVE

motives of, in making appointment, not inquirable
into, 286.

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

FRAUD

election confers right to, 605, 611.

may be recovered from a usurper, 605, 610.

by action for money had and received, 605, 610.
when reasonable expenses will be allowed in such
action, 605.

question of, not to be submitted, without evidence to
sustain it, 423.

what amounts to, in election officers, 423, 432.

FREEDOM OF ELECTION

interference with, by military power, 603-5.

GENERAL ASSEMBLY

cannot delegate the power of legislation, 3.

nor confer the elective franchise on other classes than
those described in the constitution, 47.

ILLEGAL VOTES

effect of, on the election, 236, 249, 558.

do not affect the election, unless sufficient to change
the result, 454.

if elector vote twice, second vote to be rejected,

480.

votes received without preliminary proof illegal, 492,

558.

vote of elector whose faculties are enfeebled by age,

not illegal, 493.

vote of idiot, illegal, 493.

when illegal voting punishable by indictment, 695.

INCOMPATIBLE OFFICES

what are, 143.

INDICTMENT

for illegal voting, when sustainable, 695, 703.
evidence in, for illegal voting, 703-4.

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.

INFAMOUS CRIME

what is an, 134.

bribery of elector is not, 134.

INFLUENCE

exerted on voters, effect of, 616.

when indictable, 616.

when it avoids an election, 616.

INHABITANT

does not mean citizen, 160, 168.

INJUNCTION

will be granted to quiet possession of office during a
pending contest, 573.

not granted to restrain certifying of fraudulent re-
turns, regular on their face, 617, 623.

when granted, in matters relating to elections, 623.
to restrain interference with organization, 632.

INTEREST

when it disqualifies a person from voting, 196, 212-13.
IRREGULARITIES

ISSUE

JUDGES

do not vitiate an election, 260-1, 270-1, 320, 328, 423,
439, 448, 453, 496.

what are deemed irregularities, 448, 449, 453.
and what, matters of substance, 448.

will not be granted, in contested election case, 360,
364.

when elective, can be chosen in no other manner,
685, 693.

remarks on an elective judiciary, 692.

evils of the system, 692-3.

JURISDICTION

to try contested election, when exclusive, 143, 557,
630, 656.

supervisory jurisdiction of the courts, 210, 557.
appellate, 538.

LEGISLATIVE POWER

cannot be delegated to the people, 3.

constitutional rights of electors above, 44.

LIMITATION

petition not filed within time of, will be quashed, 503.
runs from day of election, 503.

held otherwise, 515-16.

MAJORITY

how computed, 133, 299.