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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.
to compel election, when granted, 624, 631.
interference of, with freedom of election, 603-5.
election by minority vote, when valid, 126, 130, 133.
how far binding on law-makers, 5, 29, 85, 87-8, 200.
certificate of, conclusive on election officers, 98, 105.
history of elections of 1868 in Philadelphia, 103–5.
parent's, how proved, 106.
rights of naturalized citizens, as voters, 106.
what are, 88-9.
right to pursue a particular calling, 89.
do not include the right of suffrage, 90.
jurisdiction does not fall, by omission to decide at,
effect of want of, on an election, 450, 679, 684.
OATH. See AFFIDAVIT.
valid, though not taken on the Gospels, 437.
neglect of officers to take, will not vitiate the election,
of municipal legislative bodies, 632.
interference with, restrained by injunction, 632.
of member, without notice, illegal, 646.
mandamus will lie, to restore, 646.
otherwise, where there has been a trial on notice, 646.
to be strictly construed, 71.
requisites of, to contest an election, 320, 334–6, 351,
if defective, will be quashed, 320, 335, 466.
how verified, 336.
must be signed, 336.
petitioners will not be allowed to withdraw, 336.
affidavit, when sufficient, 538.
are competent witnesses, 366, 465.
electors must vote at their place of residence, 214.
the source of sovereign authority, 5.
what laws may be submitted to a vote of the people,
qualified voters constitute the, 93.
may be rejected, when held at a wrong place, without
and when opened at a much later hour than prescribed
in favor of acts of election officers, 98.
in favor of legality of the vote of an alien born, 106,
rebutted by primâ facie evidence of want of naturali-
that ballots have not been tampered with, will over-
of electors from arrest, 277.
trespass will not lie for violation of, 277.
extent of, 280-1.
illegal votes not to be taken from majority candidate,
federal, only extend to race or color, 65.
proof of electors', how made, 152, 188, 189, 388, 403.
effect of receipt of vote, without proof of, 452.
of borough electors, not obligatory as to voters for
what is a quorum, 130.
presence of, how shown, 130.
not a writ of right, 144, 664.
relator must have an interest, 146, 289, 664.
defeated candidate has no interest, 147.
must be brought during the term of the office, 274.
jurisdiction in, not ousted by special remedy to con-
power of, to administer oaths, 544.
is a judge, 689.
must be elected, 685.
when granted, in contested election case, 360, 365.
when evidence of qualification, 64.