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BOROUGH OFFICERS

right of, only determinable in quo warranto, 455
vacancy, how filled, 455.

nature of borough election, 457.
BRIBERY

of elector, not an infamous crime, 134.
BUCKSHOT WAR

history of the, 641.
BY-LAWS

power to make, incident to corporations, 20.
CANVASSERS

duties of, ministerial, 261, 300, 305-6, 434.
have no judicial power, 300.

returns, when conclusive on, 423.
CASTING VOTE

right of returning officer to give, 286.
CERTIFICATE

of election, not conclusive, on trial of contested elec-

tion, 258, 320, 435.
will not be enjoined, though founded on fraudulent

returns, 314.
can only be impeached by a direct proceeding, 314,

319.

is primâ facie evidence of title, 632.
CERTIORARI

effect of, in contested election case, 538, 577.

what reviewable on, 538.
CITIZENS

privileges and immunities of, 38.
COMMISSION

construction of, 291.
does not confer title, 302, 581.
cannot be recalled, unless vacated by judicial decision,

573.
use of, if issued pending a contest, will be enjoined,

573.
effect of, 581.

а

CONDITIONAL LAWS

when valid, 16.
CONSIDERATION

when illegal, under the election laws, 612.
CONSTITUTIONAL LAW

the people have no legislative power in their primary

assemblies, 3, 24.
legislative power cannot be delegated, 3, 24.
laws that violate the principles of the constitution

are not valid, 5, 25.
legislature cannot add to the constitutional qualifica-

tions of electors, 44, 50.
registry laws, not unconstitutional, 51.
no person can be made to suffer for a criminal offence,

except by due process of law, 74.
construction of the federal constitution, 96.
taxes must be assessed on electors individually, 114.
disqualifications for office, 134.
meaning of provision that “elections shall be free

and equal," 50, 63, 176.
electors cannot be authorized to vote outside the dis-

trict of their residence, 214, 251.
construction of the state constitution, 231-4.
elector, by accepting office, may waive right of voting,

286.
congress may punish fraudulent registration at con-

gressional election, 592.
CONTESTED ELECTION

must be determined on the merits, 270-4.
courts in determining, act judicially, 466.
practice in cases of, 466–7.

jurisdiction to try, when exclusive, 656.
CONVENTION

powers of, not defined, 29, 32.
CORPORATION

power of, to make ordinances, 20.
COURTS-MARTIAL

jurisdiction to punish for desertion, exclusively in, 78,

82.

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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.

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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
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.
FRAUD

question of, not to be submitted, without evidence to

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

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