BOROUGH OFFICERS right of, only determinable in quo warranto, 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. returns, when conclusive on, 423. CASTING VOTE right of returning officer to give, 286. CERTIFICATE of election, not conclusive, on trial of contested elec- will not be enjoined, though founded on fraudulent can only be impeached by a direct proceeding, 314, is primâ facie evidence of title, 632. CERTIORARI effect of, in contested election case, 538, 577. CITIZENS privileges and immunities of, 38. COMMISSION construction of, 291. does not confer title, 302, 581. cannot be recalled, unless vacated by judicial decision, use of, if issued pending a contest, will be enjoined, 573. effect of, 581. CONDITIONAL LAWS when valid, 16. CONSIDERATION when illegal, under the election laws, 612. the people have no legislative power in their primary legislative power cannot be delegated, 3, 24. laws that violate the principles of the constitution legislature cannot add to the constitutional qualifica- registry laws, not unconstitutional, 51. no person can be made to suffer for a criminal offence, construction of the federal constitution, 96. taxes must be assessed on electors individually, 114. meaning of provision that "elections shall be free electors cannot be authorized to vote outside the dis- construction of the state constitution, 231-4. elector, by accepting office, may waive right of voting, congress may punish fraudulent registration at con- CONTESTED ELECTION must be determined on the merits, 270-4. 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. CUMULATIVE VOTING description and advantages of, 739. DE FACTO OFFICERS acts of, good as to the public, 274-6, 439, 441, 452. DELEGATION of legislative power forbidden by the constitution, 3, DESERTION jurisdiction to punish for, exclusively in courts-mar- DISCONTINUANCE candidate cannot discontinue contested election, 513, DISFRANCHISEMENT 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. DISQUALIFICATION effect of vote for disqualified person, 129, 144, 150. for acting as election officers, 274. by acceptance of another office, 655. DIVISION of election district, destroys the functions of local ELECTION requisites of a valid, 681. to fill a vacancy, 679, 684. 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. ELECTION OFFICERS 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. ELECTIVE FRANCHISE 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 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. 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. EXECUTIVE 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 FRAUD 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. |