Pennsylvania Advisory Opinions January 01, 2001: AGO 23

Advisory Opinion Text

ELECTION NOTICES. CONDUCT OF ELECTIONS.

A-ELECTION PROCLAMATION.

When Sheriff issues his election proclamation, he must transmit copies immediately to field officers and senior captains in the service from his county or city.

Sec. 30, Act of 1864, P. L. 990.

B- POLLING PLACES.

A poll must be opened in each company composed in whole or part of Pennsylvania soldiers at some officer's quarters. All qualified voters of the company within one mile must vote thereat unless prevented by orders of commanders, proximity of enemy, etc., officers, other than company officers, and voters absent from their company or in a military or naval hospital or in any vessel or navy yard, may vote at polls convenient to them.

Ten or more voters unable to attend a regular polling place may open a poll and certify in a poll book, a proceeding of their election.

Sec. 2, Act of 1864, P. L. 990.

C- OPENING AND CLOSING OF POLLS.

Polls are to open as early as practicable and stay open at least three hours and until 7 P. M. if judges think necessary. Proclamation is to be made at opening of the polls and one hour before closing.

Sec. 3, Act of 1864, P. L. 990.

D- ELECTION OFFICERS, HOW CHOSEN-COMPENSATION.

On day of election the electors present at the polling places elect viva voce three present and qualified electors as judges. The judges then appoint two persons present and qualified to act, as clerks.

Sec. 4, Act of 1864, P. L. 990.

The ejection officers receive »o compensation.

Sec, 29 Act of 1864, P, L, 990, E- OATH OF ELECTION OFFICERS.

Judges and Clerks must take and subscribe the oath or afflrmation prescribed by Sees. 5 and 15 of an act, which was printed in the poll book. Judges and Clerks may swear or affirm each other and the party so administering must certify the same.

Sec. 5, Act of 1864, P. L. 990.

F-POWERS AND RESPONSIBILITIES OF ELECTION OFFICERS.

The officers shall have the same powers and are subject to the same penalties as election officers conducting elections by citizens at their usual places of residence.

Sec. 28, Act of 1864, P. L. 990.

G- BALLOT BOXES.

The judges must prepare some suitable receptacle for the ballots. ;

Sec. 4, 1864, P. L. 990.

H-POLL BOOKS AND RETURNS.

Separate poll books are to be kept and. returns made for the voters of each city and county. The poll books must name the company and regiment or organization and place, post or hospital where election is held. The county and township, city, borough, ward, precint or election district of each "voter must be indorsed opposite his name on the poll books. Each clerk must keep one of such books. The form of these books is prescribed by sections 15 and 16. '

Sec. 7, Act of 1864, P. L. 990.

The poll book, tally list returns and all necessary blanks are prepared and furnished by Secretary of Commonwealth.

Sees. 23, 38, Act of 1864, P. L. 990.

I-ELECTION TO BE BY BALLOT.

The election must be by ballot and each ballot or "ticket" must have written or printed or partly written and partly printed, the names of all officers which may properly be voted for, for which the elector desires to vote.

Sees. 6, 8, Act of 1864, P. L. 990.

(Note). The Secretary of the Commonwealth is preparing a ballot to be used by the soldier and which will aid the elector as well as expedite the work of the election officers. A place will appear thereon, where the election officer or the elector may insert the residence of the voter. These ballots will be furnished by the Secretary in sufficient number to be accessible to all soldiers qualified to vote.

J-RECEPTION OF VOTES.

The voter personally delivers his ballot to one of the judges of election, who pronounces his name and who must be satisfied as to his right to vote. If no objection be made, and if the judges are so satisfied, the ballot is deposited in the ballot box, without the judges inspecting the names of the person voted for. The clerks, at the same time, must enter the name of the elector in the poll book of his county, ward, precinct, city, borough or township and also enter his county opposite his name.

Sees. 6, 9, Act of 1864, P. L. 990.

K- CHALLENGES.

Any voter may challenge whereupon the judge must swear or affirm the applicant and examine him as to his right and qualifications to vote in the place where he claims residence.

Sec. 6, Act of 1864, P. L. 990.

K-C HALLENGES.

Any voter may challenge where\1pon the j11dge must swear or affirm the applicant and examine him as to his right and qualifications to vote in the place where he claims residence.

Sec. 6, Act of 1864, P. I,, 990.

L- NUMBER OF VOTERS TO BE COUNTED.

When the polls close and before the boxes are opened, (lie number of votes cast must be counted, marked at the foot of the list of voters and certified in writing by the election officers.

Sec. 10, Act of 1864, P. L. 990.

M- BALLOTS CAST TO BE COUNTED AND PRESERVED.

The boxes are next to be opened. One of the judges takes the votes out, one at a time, and while the ticket remains in his hand, reads the names of the persons voted for. He then passes it on to the second judge, who examines it and who in turn, delivers it to the third judge. The third judge strings the vote for each county on a separate thread and preserves the same.

Sec. 11, Act of 1864, P. L. 990.

N- TALLY-LISTS.

Each clerk keeps a tally list for each county, and which constitutes part of the poll book.

See. 13, Act of 1864, P. L. 990.

O- REJECTION OF TICKETS.

When two or more tickets are found deceitfully folded or rolled together, neither ticket is to be counted.

If a ticket contains more that the proper number of names for the same office, it must be considered fraudulent, but only so far as the names designated for that office.

Sec. 12, Act of 1864, P. L. 990.

P- ENUMERATION OF VOTES.

When the tickets have been examined, the number of votes for each person in the county poll books must be enumerated under the inspection of the judges and recorded as provided in the form of the poll book.

Sec. 14, Act of 1864, P. I,. 990.

Q-RETURNS, FORM OF.

A written return must be made in each poll book showing (a) the whole number of unrejected ballots cast for each office; `(b) the name of each person voted for; (c) the number of votes given to each person, for each different office.

The return shall be certified as correct and signed by the judges and attested by the clerks. The form of the return and certificate appear in section 16 of the act.

Sec. 16, Act of 1864, P. L. 990.

R- DISPOSITION OF POLL BOOKS, TALLY LISTS, RETURNS AND BALLOTS BY ELECTION OFFICERS.

The judges put one of the poll books, with its tally list and return of each county or city, together with the ballots, in an envelope, and mail the envelope by the nearest post office or by express, as soon as possible, to the prothonotary of the court of Common Pleas of the city or county for which the poll book was kept and where the electors would have voted if they had not been in service.

The other poll book must be sealed in a directed envelope and delivered to one of the Commissioners if he calls for it within ten days. If not so called for, he mails or expresses it to the Secretary of the Commonwealth.

Sec. 17, Act of 1864, P. L. 990.

S- SECRETARY OF COMMONWEALTH TO CERTIFY COPIES OF RETURNS.

The secretary must preserve the poll books and on demand from the proper Prothonotary, he must certify a copy of the return of the city or county for which the demandant is Prothonotary.

Sec. 17, Act of 1864, P. L. 900.

T- DUTIES OF PROTHONOTARY.

The Prothonotary must deliver to the Return Judges, a certified copy of the returns received by him from the election officers of the Secretary of the Commonwealth.

Sec 18, Act of 1864, P. L. 990.

Note. The Prothonotary cannot be restrained from delivering the returns transmitted to him, though they are admitted to be forgeries.

Lawrence vs. Knight, 4 Phila. 355.

U- MEETING OF RETURN JUDGES.

The return judges must adjourn to meet on the third Friday after any general or Presidential election to count the soldier vole. When two or more counties are connected in the election, the meeting of the judges from each county must be postponed until the Friday following.

Sec. 19, Act of 1864, P. L·. 990.

Note. An election will not be invalidated by the fact, that some of the return judges refused to meet at the proper time; or that those who did meet, met at another than the usual place because their duties were interfered with, by a disorderly riot.

Hulseman vs. Eome, 41 Pa. 396.

V- DUTIES OF RETURN JUDGES.

The return judges must include in their enumeration the vote so returned and must proceed in like manner in all respects as is provided/by law, in cases where all the votes have been given at a usual place of election.

Sec. 20, Act of 1864, P. L. 990.

Note. When the returns are regular on their face, the return judges cannot go behind such returns and reject some of the votes as illegal and they may be compelled by mandamus to count the vote as cast.

Com. vs. Tree, 4 Phila., 362.

W- FRAUD OR ILLEGALITY IN RELATION TO SOLDIER'S VOTE.

The several courts of the Commonwealth have the same power to investigate and determine all questions of fraud or illegality as they have with regard to such questions when they arise from the voting of persons not in the military service.

Sec. 20, Act of 1864, P. L. 990.

X- RETURNS OF PRESIDENTIAL ELECTORS.

In elections for President and Vice-President of the United States, the Secretary of the Commonwealth must lay before the Governor, the returns received by him. The Governor must compare such returns with the county returns. In every case where the military returns shall have been received too late for their transmission to the Prothonotary, so as to be delivered to the return judges, the Governor must add to the county returns all such military returns not contained in the county returns.

Sec. 21, Act of 1864, P. L. 990.

Y- ELECTION CONTESTS.

The military election is subject to contest the same as any other election. In contests, all returns bona fide forwarded in the manner provided, must be counted and estimated although they may not have arrived or been received by the proper officers, before the certificates of election were issued to the persons who appeared to have a majority. Such returns are subject to the same objections as those which are received in time to be counted at the regular meeting of the return judges held for counting the military vote.

Sec. 22, Act of 1864, P. L. 990.

Z- INFORMALITIES NOT TO INVALIDATE ELECTION.

No informality in executing the provisions of the act invalidates the election or authorizes the return to be rejected. Failure of the commissioners to reach any company or part of a company or failure of any company or part thereof to vote, does not invalidate any elections held.

Sec. 27, Act of 1864, P. L. 990.

No election is to be invalidated because the Secretary of the Commonwealth caused the poll books to be sent to the wrong person.

Sec. 23, Act of 1864, P. L. 990.

Zl- CERTAIN PROVISIONS OF ELECTION LAWS TO APPLY.

All provisions of the general election laws, so far as applicable, and not inconsistent with, or supplied by this act, apply to the elections held under the act.

Sec. 28, Act of 1864, P. L. 990.

VIII. ELECTIONS BY THE DETACHED VOTERS.

(a) WHO MAY VOTE.

When any voters possessing qualifications of electors and in actual military service, and away from their place of residence, less than ten in number are members of companies of another State or for any sufficient cause shall be separated from their companies or shall be in any hospital, navy yard, vessel or on recruiting, provost or other duty, whether within or without the State, under such circumstances as to render it improbable that he or they will be unable to be present at the proper place of election on or before the day of election, said elector or electors may vote in the following manner.

Sec. 32, Act of 1864, P. L. 990.

(b) MODE OF VOTING.

A voter, before election day, must deposit his ballot properly folded in a sealed envelope, together with a written or printed, or partly written and partly printed statement, containing the name of the voter, the county, township or borough or ward of which he is a resident and written or printed authority to some qualified voter in the election district of which said voter is a resident, to cast the ballot contained in the envelope, for him, on the day of said election. The statement and oath must be signed by the voter and if he be a private, it must be attested by the commanding or some commissioned officer of the company of which he is a member, and of some commissioned officer of the 'regiment, if the voter be an officer. If in either case, no officers are conveniently acceptable, then the attestation may be made by any witness. There must also accompany said ballots, an affidavit of the voter taken by some officer, or in the absence thereof, before some other person duly authorized by the laws of this State to administer oaths, that he is a qualified voter in the election district in which he proposes to vote, that he is in the actual military service of the United States, or of this State, describing the organization to which he belongs, that he has not sent his ballots to any other person or persons than the one in such authority mentioned, that he will not offer to vote at any poll which may be open on said election day, at any place whatsoever and that he is not a deserter and has not been dishonorably discharged from the service and that he is now stationed at..........................................in the State of......................... The sealed envelope containing the ballots, statement, authority and affidavit as aforesaid, must be sent to the proper person, having written or printed on the outside, across the sealed part thereof, the words "Soldiers ballot for.............................township (borough or ward) in the county of...........................”

Sec. 33. Act of 1864, P. L. 990.

(c) ELECTIONS IN HOSPITALS, ETC.

In the case of qualified electors in any hospital, military or naval, or in any vessel or navy yard, the above statement and affidavits may be witnessed and made before any officer of the vessel, navy yard or other place in which the voter is, for the time being engaged.

Sec. 39, Act of 1864, P. L. 990.

(d) DELIT!ERY AND COUNTING OF' SUCH VOTES.

The elector to-whom such ballots are sent, must on election day, while the polls of the proper district are open, deliver the envelope so received unopened, to the proper election officer. This officer must open the envelope in the presence of the election board and if no objections are made, deposit the ballot therein contained, together with the envelope and accompanying papers, the same as other ballots are deposited. The Board must count and canvass the ballot the same as any other ballot. The person delivering the vote, may on demand of any elector be compelled to testify on oath, that the envelope so delivered to him is in the same state as when it was received, and that the same was not opened or the contents altered in any way by him or any other person.

Sec. 34, Act of 1864, P. L. 900.

(e) CHALLENGES.

The right of any person thus offering to vote, may be challenged for the same causes as if the voter were personally present.

Sec. 35, Act of 1864, P. L. 990.

(f) PENALTIES FOR REFUSING TO RECEIVE SUCH VOTE.

Any officer, who refuses to receive the envelope and deposit the ballot and canvass the same, and any elector who receives the envelope and neglects to present same to the officers of the election district endorsed on said envelope, subject to fine or imprisonment or both.

Sec. 36, Act of 1864, P. L. 990.

(g) PENALTIES FOR FALSE SWEARING.

Any person making a false affidavit touching any matter or thing provided in the act, guilty of perjury, subject to fine or imprisonment or both.

Sec. 37, Act of 1864, P. L. 990.

TX. FORMS.

The Secretary of the Commonwealth must prepare and furnish all blanks necessary to carry out the act and must prepare the forms. See sections 23 and 28.

FORM OP RETURNS.

At an election held by the electors of Company.......... _? of the ............regiment of Pennsylvania soldiers, at (naming the place where the election is held) there were (naming the number in words at length)........-----votes cast for the office of governor, of which A B had........votes, C D had........votes; for senator,.....votes were cast, of which E F had.........votes, G H had......... votes; for representatives,......... .votes were cast, of which J K had........votes, L M had........votes; and in the same manner, as to any other officers voted for.

At the end of the return, the judges shall certify, in substance; as follows, giving, if officers, their rank and number of their regiment, if privates, Ike number of their regiment and company, viz:

A true return of the election, held as aforesaid, on the......day of................-. .Anno Domini one thousand eight hundred and........................ '

A B, Captain company A, one hundred and thirty-first regiment, Pennsylvania volunteers.

E D, company A, one hundred and thirty-first regiment, Pennsylvania volunteers.

E F, company A, one hundred and thirty-first regiment, Pennsylvania volunteers.

Judge of election. Attest, J K, L M, Clerks.

FORM OF STATEMENT AND AUTHORITY TO BE USED BY DETACHED VOTERS AS PER SECTION 33 OF THE ACT OF 1864, P. L. 990.

This form does not appear in the act, but has been used and adapted at elections held. It is taken from Purdon's Digest, Vol. 2, Page 1373. Note.

I,................................................., do hereby state, that I am a qualified elector of the 'Commonwealth of Pennsylvania, now in actual military service, under the requisition of the President of the United States,...............................and as such, absent from my place of residence, which is in..............................., in...................:..........county, in the said Commonwealth of Pennsylvania; being.................. ...........in the............regiment of............soldiers, and being now in.............................. and for sufficient and legal cause separated from my proper company, on...........................duty, under such circumstances as render it probable that I will be unable to join my said company, or to be present at my proper place of election on the..........day of................next, there being less than ten in number of such electors in the said............................at.........................· · · And I, the said................................................... do hereby authorize and empower.................................. being a qualified voter in (he election district aforesaid, of which I am a resident, to cast the ballots contained in the envelope hereof, for me, on the day of the election aforesaid. Signed by me in witness thereof, at............................. on the..........day of....................in the year one thousand nine hundred ..................Attested by me,.............................................. , ................,...........of............................

FORM OR AFFIDAVIT TO BE USED BY DETACHED VOTERS AS PER SECTION 33 OF THE ACT OF 1864, P. L. 990.

The act does not prescribe the form of the affidavit but the following form has been used in prior elections. It appears in Purdon's Digest, Vol. 2, Page 1373, Note. I the aforesaid...............................................,do swear that I am a qualified voter in the election district aforesaid, in which I propose to vote, that I am in the actual military service of the United States, in..............of the................regiment of..........................soldiers; that I have not sent my ballots to any other person or persons than the said.......... ..................................... .in the aforesaid authority mentioned; that I will not offer to vote at any poll which may be opened, on the aforesaid election day, at any place whatsoever; that I am not a deserter, that I have not been dishonorably dismissed from the service, and that I am now stationed at......................................................................in the slate of.........................................

Sworn and subscribed by the said............................ _; before me, ...........,..................of................,.. in the................regiment of............................soldiers In witness whereof, I have hereunto set niy hand, at.............. ............., in the state of............................ the ...........day of.........................., one thousand nine hundred..........................., FORM OF CERTIFICATE OF OATH OF JUDGES AND CLERKS.

We, A B,C D and E F, judges of this election, and J K and L M, clerks thereof, do each severally swear (or- affirm), that we will duly perform the duties of judges and clerks of said election, severally acting as above set forth, according to law, and to the best of our abilities, and that we will studiously endeavor to prevent fraud, deceit, or abuse, in conducting the same.

A B, C D, E F, Judges. J K, L M, Clerks.

I hereby certify, that C D, E F, judges, and J K and L M, clerks, we're, before proceeding to take any votes at said election, first duly sworn, or affirmed, as aforesaid. Witness my hand this..........day of. .................., Anno Domini one thousand nine hundred and..................................

A B, Judge of election.

I certify that A B, judge aforesaid, was also so sworn (or affirmed) by me. Witness my hand, the date before written.

J K, Clerk of election.'

FORM OF POLL BOOK.

Poll-book of the election, held on the Tuesday next following the first Monday in November, one thousand nine hundred and........, . (or other election day, as the case may be), by the qualified electors of............................county (or city), State of. Pennsylvania, in company.........., of the..........regiment of Pennsylvania volunteers (or as the case may be), held at (naming the place, . post, or hospital), A B, C D and E F, being duly elected as judges _: of said election, were severally sworn, or affirmed, as per certificates herewith,,returned.) .....'

Number and names of the electors voting, and their county, city, through, township, ward, or precinct, of residence:

No.1. A B.........county of..;..:...., township of:. ........No 2. CD,........', .county of.........., township of......".

It is hereby certified that the number of electors for.................................county, Pennsylvania, voting at this election, amounts to..................

A B C D E F Judges of election.

Attest: J K, L M, Clerks.

FOEM OF AUTHORIZATION TO BE USED BY A PERSON WHO WISHES TO HAVE HIS OCCUPATION OR POLL TAX PAID BY ANOTHER.

I,..................................................., do hereby state, that I am a citizen of (he Commonwealth of Pennsylvania, now in actual military service, under a requisition from the President of the United States or by the authority of this Commonwealth, and as such, absent from my place of residence, which is in.......... ......................., in......................county, in said Commonwealth of Pennsylvania, being (here state whether non-commissioned officer, private or commissioned officer) in the.......... regiment, or other military organization of......................soldiers and I, the said......................................do hereby authorize and empower................................... of the..........................(here state borough, city, town or township),........................county, to pay the tax provided by Section 40 of the Act of August 25, 1864, entitled "An act to regulate elections by soldiers in actual military service," or any other poll >or occupation tax, against me assessed, and to receive a tax receipt for the same.

Signed by me at.....,........................on the..........day of....................in the year one thousand nine hundred and sixteen.

Witness...................................................,.......... ·...................(here state military rank and organization of witness)

(N. B.) In older to enable an elector 1o vole, the tax must be assessed at least two months and paid at least one month before the .election.

The voter, before depositing ballot in ballot box must fill in the following spaces:

County,............................

City, Borough or Township, ...................................

Ward,..............................

The third line must be filled in if voter resides in a City comprising more than one Congressional, Senatorial or Legislative District.

No. 871.

AN ACT

To regulate elections by soldiers in actual military service.

Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That whenever any of the qualified electors of this Commonwealth shall be in any actual military service, under a requisition from the President of the United States, or by the authority of this Commonwealth, and as such, absent from their place of residence, on the days appointed by law for holding the general or presidential elections' within this State, or on the days for holding special elections, to fill vacancies, such electors shall be entitled, at such times, to exercise the right of suffrage, as fully as if they were present at their usual places of elections, in the manner hereinafter prescribed, and whether, at the time of voting, such electors shall be within the limits of this State, or not; and the right of voting shall not be affected, in any manner, by the fact of the voter having been credited to any other locality than the place of his actual residence, by reason of the payment to him of local bounty by such other locality.

Section 2. A poll shall be opened in each company, composed, in whole or in part, of Pennsylvania soldiers, at the quarters of the captain, or other officer thereof, and all electors, belonging to such company, who shall be within one mile of such quarters, on the day of election, and not prevented by orders of their commanders, or proximity of the enemy, from returning to their company quarters, shall vote at such poll, and*at no other place; officers, other than those of a company, and other voters, detached and absent from their companies, or in any military or naval hospital, or in any vessel, or navy yard, may vote at such other polls as may be most convenient for them; and when there shall be ten, or more, voters at any place, who shall be unable to attend any company poll, or their proper place of election, as aforesaid, the electors present may open a poll, at such place as they may select and certify in the poll-book, which shall be a record of the proceedings at said election, substantially, in manner and form, as hereinafter directed.

Section 3. The polls shall be opened as early as practicable on said day, and remain open at least three hours, and, if necessary, in the opinion of the judges of the election, in order to receive the votes of all the electors, they may keep the polls open until seven o'clock in the afternoon of said day; proclamation thereof shall be made at, or before, the opening of the polls, and one hour before closing them.

Section 4. Before opening the poll, on the day of election, the electors present, at each of the places aforesaid, shall elect, viva voce, three persons, present at the time, and having the qualifications of electors, for the judges of said election, and the judges, so elected, shall then appoint two of the persons present, who shall be qualified, to act as clerks of said election; and the judges shall prepare boxes, or other suitable receptacles, for the ballots.

Section 5. Before any votes shall be received, said judges and clerks shall each take an oath, or affirmation, that he will perform the duties of judge, or clerk, (as the case may be), of said election, according to law, and to the best of his abilities, and that he will studiously endeavor to prevent fraud, deceit, or abuse, in conducting the same, which oath, or affirmation, any of the said judges, or clerks, so elected, or appointed, may administer to each other; and the same shall be in writing, or partly written and partly printed, and signed by said judges and clerks, and certified to by the party administering same, and attached to, or entered upon, the poll-book, and there signed and certified, as aforesaid.

Section 6. All elections shall be by ballot, and the judges of elections may, and upon challenge of any voter, shall examine, under oath, or affirmation, the applicant to vote, (which oath, or affirmation, any of said judges may administer), in respect to his right to vote, and his qualifications to vote in the particular ward, precinct, city, borough, township, or county of this State, in which he claims residence; and before receiving any vote, the judges, or a majority of them, shall be satisfied, that such applicant is a qualified voter of such place.

Section 7. Separate poll-books shall be kept, and separate returns made, for the voters of each city, or county ; the poll-books shall name the company and regiment and the place, post, or hospital, in which such election is held; the county and township, city, borough, ward, precinct, or election district of each voter shall be endorsed opposite his name on the poll-books; each clerk shall keep one of said poll-books, so that there may be a double list of voters.

Section 8. Each ticket shall have written, or printed, or partly written and partly printed thereon, the names of all the officers which may properly be voted for, at said election, for which the said elector desires to vote.

Section 9. That the judges, to whom any ticket shall be delivered, shall, upon the receipt thereof, pronounce with an audible voice, the name of the elector, and if no objection is made to him, and the judges are satisfied ,that said elector is a citizen of the United States, and legally entitled, according to the constitution and laws of this State, to vote at said election, shall immediately put said ticket in the box, or other receptacle therefor, without inspecting the names of persons voted for; and the clerks shall enter the name of the elector on the poll-book of his county, ward, precinct, city, borough, or township, and county of his residence, substantially, in pursuance of the form hereinafter given.

Section 10. At the close of the polls, the number of voters shall be counted and set down at the foot of the list of voters, and certified and signed by the judges, and attested by the clerks.

Section 11. After the poll-books are signed, the ballot-box shall be opened, and the tickets, therein contained, shall be taken out, one at a time, by one of the judges, who shall read distinctly, while the ticket remains in his hand, the name, or names, therein contained, for the several officers voted for, and then deliver it to the second judge, who shall examine the same, and pass it to the third judge, who shall string the vote for each county, upon a separate thread, and carefully preserve the same; the same method shall be pursued, as to each ticket taken out, until all the votes are counted.

Section 12. Whenever two or more tickets shall be found, deceitfully folded, or rolled together, neither of such tickets shall be counted; and if a ticket shall contain more than the proper number of names, for the same office, it shall be considered fraudulent, as to all of the names designated for that office, but no further.

Section 13. As a check in counting, each clerk, shall keep a tally list for each county, from which votes shall have been received, which tally list shall constitute a part of the poll-book.

Section 14. After the examination of the tickets shall be completed, the number of votes for each person, in the county poll-books as aforesaid, shall be enumerated, under, the inspection of the judges, and set down as hereinafter provided, in the form of the poll-book. _

Section 15. The following shall be substantially the form of the poll-hooks, to be kept by the judges and clerks of the election, filling in the blanks carefully:

Poll-book of the election, held on the second Tuesday of October, one thousand eight hundred and, (or other election day, as the case may be), by the qualified electors of county, (or city), State f Pennsylvania, in company, of the regiment of Pennsylvania volunteers, (or as the case may be), held at (naming the place, post, or hospital), A B, C D and E F, being duly elected as judges of said election, and JK and L M, being duly appointed as clerks of said election, were severally sworn, or affirmed, as per certificates herewith returned.

Number and names of the electors voting, and their county, city, borough, township, ward, or precinct, of residence:

No. 1, A B, county of, township of

No. 2, C D, county of, township of

It is hereby certified that the number of electors for county, Pennsylvania, voting at this election, amounts to

A B, C D, E F, ) Judges of election.

Attest: J K, L M, Clerks.

Form of certificate of oath of judges and clerks: We, A B, C D and E F, judges of this election, and J K and L. M, clerks thereof, do each severally swear, (or affirm), that we will duly perform the duties of judges and clerks of said election, severally acting as above set forth, according to law, and to the best of our abilities, and that we will studiously endeavor to prevent fraud deceit, or abuse, in conducting the same.

A B, C D, E F, Judges.

J K, L M, Clerks.

I hereby certify, that C D, E F, judges, and J K and L M, clerks, were, before proceeding to take any votes at said election, first duly sworn, or affirmed, as aforesaid: Witness my hand this day of, Anno Domini one thousand eight hundred and

A B, Judge of election, 1 certify that A. B judge aforesaid, was also so sworn (or affirmed) by me. Witness my hand, the date before written.

J. K, Clerk of election.

Section 16. A return, in writing, shall be made in each poll-book, setting forth in words, at length, the whole number of ,ballots cast for each office, (except ballots rejected), the name of each person voted for, and the number of votes given to each person, for each different office; which return shall be certified as correct, signed by the judges, and attested by the clerks; such return shall be substantially as follows:

At an election held by the electors of company, of the regiment of Pennsylvania soldiers, at (naming the place where the election is held) there were (naming the number in words, at length) votes cast for the office of governor, of which A B had votes, C D had votes; for senator, votes were cast, of which E F had votes, G H had votes; for representatives, votes were cast, of which J K had votes, L M had votes; and in the same manner, as to any other officers voted for.

At the end of the return, the judges shall certify in substance, as follows, giving, if. officers, their rank and number of their regiment, if privates, the number of their regiment and company, viz:

A true return of the election, held as aforesaid, on the day of, Anno Domini one thousand eight hundred and A B, Captain company A, one hundred and thirty first regiment, Pennsylvania volunteers. C D, company A, one hundred and thirty-first regiment, Pennsylvania volunteers. E F, company A, one hundred and thirty-first regiment, Pennsylvania volunteers.

Attest,

Judge of election. J K, L M, Clerks.

Section 17. After canvassing the votes, in manner aforesaid, the judges shall put, in an envelope, one of the poll-books, with its tally list, and return of each city, or county, together with the tickets, and transmit the same, properly sealed up, and directed, through the nearest post office, or by express, as soon as possible thereafter, to the prothonotary of the court of common pleas, of the city, or county, in which such electors would have voted, if not in the military service aforesaid, (being the city or county for which the poll-book was kept), and the other poll-book, of said city, or county, enclosed in an envelope, and sealed as aforesaid, and properly directed, shall be delivered to one of the commissioners, hereinafter provided for, if such commissioner calls for the same in ten days, and if not so called for, the same shall be transmitted by mail, or by express, as soon as possible thereafter, to the secretary of the commonwealth, who shall carefully preserve the same, and on demand of the proper prothonotary, deliver to said prothonotary, under his hand and official seal, a certified copy of the return of votes, so transmitted to, and received by, him, for said city, or county, of which the demandant is prothonotary.

Section 18. It shall be the duty of the prothonotary of the county, to whom such returns shall be made, to deliver, to the return judges of the same county, a copy, certified under his hand and seal, of the return of votes, so transmitted to him by the judges of the election, as aforesaid, or as officially certified by the secretary of the commonwealth, as aforesaid, to said prothonotary.

Section 19. The return judges, of the several counties, shall adjourn to meet at the places, now directed by law, on the third Friday, after any general or presidential election, for the purpose of counting the soldiers' vote; and when two or more counties are connected in the election, the meeting of the judges from each county, shall be postponed, in such case, until the Friday following.

Section 20. The return judges, so met, shall include, in their enumeration, the votes so returned, and thereupon shall proceed, in all respects, in the like manner as is provided by law, in cases where all the votes shall have been given at the usual place of election: Provided, That the several courts of this commonwealth shall have the same power and authority, to investigate, and determine, all questions of fraud or illegality, in relation to the voting of the soldiers, as are now vested in said courts, with regard to questions of fraud and illegality, arising from the voting of persons, not in military service, under the present laws relating thereto.

Section 21. In elections for electors of President and Vice President of the United States, it shall be the duty of the secretary of the commonwealth, to lay before the governor all returns, received by him, from any election, as aforesaid, who shall compare the same with the county returns, and add thereto all such returns as shall appear, on such comparison, not to be contained in said county returns, in every case, where said military returns, for such counties, shall have been received by said secretary, at a period too late for transmitting them to the proper prothonotary, in time for the action of the judges of the said counties.

Section 22. All said elections shall be subject to contest, in the same manner as is now provided by law; and in all cases of contested elections, all legal returns, which shall have been bona fide forwarded by said judges' in the manner hereinbefore prescribed, shall be counted' and estimated, although the same may not have arrived, or been received by 'the proper officers, to be counted and estimated, in the manner hereinbefore directed, before issuing the certificates of election, to the persons appearing to have a majority of the votes then received, and the said returns shall be subject to all such . objections, as other returns are liable to, when received in due time.

Section 23. It shall be the duty of the secretary of the commonwealth to cause to be printed a sufficient number of copies of this act, with such extracts from the general election law, as shall be deemed important to accompany the same, and blank forms of poll-books, with tally lists and returns, as prescribed in this act, which, with the necessary postage stamps, to defray expenses and postage on returns, shall, in sufficient time, before any such election, be forwarded, by said secretary, at the expense of the commonwealth, by commissioners, or otherwise, as shall be deemed most certain to insure delivery thereof, to the captain, or commanding officer, of each company, or in case of detached voters, to the officer having charge of the post, or hospital, who shall-retain the same until the day of election, and then deliver the same to the judges elected, as provided in this act: Provided, That no election shall be invalidated, by reason of the neglect, or failure, of the said secretary to cause the delivery of said poll-books to the proper persons, as aforesaid.

Section 24. That for the purpose of more effectually carrying out the provisions' of this act, the governor shall have power to appoint and commission, under the great seal of the commonwealth, such number of commissioners, having the qualifications of an elector, in this state, as he shall deem necessary, not exceeding one to each regiment of Pennsylvania soldiers, in the service of this state, or of the United States, and shall apportion the work among the commissioners, and supply such vacancies as may occur in their number. Such commissioners, before they act, shall take and subscribe an oath or affirmation, and cause the same to be filed with the secretary of the commonwealth, to the following: "I appointed commissioner, under the act to regulate elections by soldiers in actual military service, do solemnly swear (or affirm), that I will support the constitution of the United States, and the commonwealth of Pennsylvania, and impartially, fully and without reference to political preferences, or results, perform, to the best of my knowledge and ability, the duties imposed on me by the said act; and that I will studiously endeavor to prevent fraud, deceit and abuse, not only, in the elections to be held, under the same, but in the returns thereof." And if any commissioner, appointed by, or under, this act, shall knowingly violate his duty, or knowingly omit, or fail, to do his duty, under this act, or violate any part of his oath, or affirmation, he shall be liable to indictment for perjury, in the proper county, and, upon conviction, shall be punished by a fine, not exceeding one thousand dollars, or imprisonment in the penitentiary, at labor, not exceeding one year, or both, in the discretion of the court.

Section 25. It shall be the duty of such commissioners to deliver, as far as practicable, at least four of the copies of this act, and other extracts of laws, published as hereinbefore directed, and at least two blank forms of poll-books, tally lists and returns entrusted to them, as mentioned in the twenty-third section of this act, to the commanding officers of every company, or part of company, of Pennsylvania soldiers, in the actual military, or naval, service of the United States, or of this state; and to make suitable arrangements and provisions for the opening of polls, under this act; it shall also be the duty of said commissioners, as soon as practicable, after the day of election, to call upon the judge's of the election, and procure one poll-book, containing . the returns of the election, and safely to preserve the same, not only from loss, but from alteration, and deliver the same, without delay, to the secretary of the commonwealth.

Section 26. Said Commissioners shall receive, in full compensation for their services under this act, ten cents per mile, in going to and returning from their respective regiments, estimating the distance of travel by the usually traveled route; and. it is hereby made the duty of the auditor general and state treasurer to audit and pay the accounts therefor, in the same manner as other claims are now audited and paid, by law; all command' ing and other officers are requested to aid the commissioners, _: herein appointed, and to give them all proper facilities, to enable them to carry out the design and intention of this act.

Section 27. No mere informality in the manner of carrying out, or executing, any of the provisions of this act, shall invalidate any election held under the same, or authorize the return thereof, to be rejected or set aside; nor shall any failure, on the part of the commissioners, to reach or visit any regiment or company, or part of company, or the failure of any company, or part of company, to vote, invalidate any election which may be held under this act.

Section 28. The several officers, authorized to conduct such election, shall have the like powers, and they, as well as other persons, who may attend, vote, or offer to vote, at such election, shall be subject to the like penalties and restrictions as are declared or provided in the case of elections, by the citizens, at their usual places of election; and all of the provisions of the general election laws of this state, so far as applicable, and not inconsistent with the provisions of this act, nor supplied thereby, shall apply to all elections held under this act.

Section 29. No compensation shall be allowed to any judge or clerk, under this act.

Section 30. When the sheriff of any city or county shall issue his proclamation for an election,•for a presidential, congressional, district, city, county or state election, under the laws of this state, he shall transmit, immediately, copies thereof, to the field officers and senior captains in the service aforesaid, from said city or county.

Section 31. The sum of fifteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated from the general revenue, to be paid upon the order of the secretary of the commonwealth, to carry this law into effect.

Section 32. When any of the electors mentioned in the first section of this act, less than ten in number, shall be members of companies of another state or territory, or, for any sufficient and legal cause, shall be separated from their proper company, or shall be in any hospital, navy yard, vessel, or on recruiting, provost, or other duty, whether within or without this state, under such circumstances as shall render it probable that he, or they,' will be unable to rejoin their proper company, or to be present at his proper place of election, on or before the day of the elections, therein mentioned, said elector, or electors, shall have a right to vote in the following manner.

Section 33. The voter, aforesaid, is hereby authorized, before the day of election, to deposit his ballot, or ballots, properly folded, as required by the general election laws of this State, or otherwise, as the voter may choose, in a sealed envelope, together with a written or printed, or partly written and partly printed, statement, containing the name of the voter, the county, township, borough or ward, of which he is a resident, and a written or printed authority, to some qualified voter in the election district, of which said voter is a resident, to cast the ballots, contained in said envelope, for him, on the day of said election. Said statement and authority to be signed by the said voter, and attested by the commanding, or some commissioned,. officer of the company, of which he is a member, in the case of a private, and of some commissioned officer of the regiment, in the case of an officer, if any of such officers are conveniently accessible, and if otherwise, then by some other witness; and there shall also accompany said ballots, an affidavit of said voter, taken before some one of the officers aforesaid, and in the absence of such officers before some other person duly authorized to administer oaths, by any law of this state, that he is a qualified voter in the election district in which he proposes to vote, that he is in the actual military service of the United States, or of this state, describing the organization to which he belongs, that he has not sent his ballot to any other person or persons, than the one in such authority mentioned, that he will not offer to vote at any poll, which may be opened on said election day, at any place whatsoever, and that he is not a deserter, and has not been dishonorably dismissed from the service, and that he is now stationed at, in the state of . Said sealed envelope, containing the ballots, statement, authority and affidavit as aforesaid, to be sent to the proper person, by mail or otherwise, having written or printed on the outside, across the sealed part thereof, the words, "soldier's ballot for township, (borough or ward), in the county of

Section 34. The elector, to whom such ballot shall be sent, shall, on the day of election, and whilst the polls of the proper district are open, deliver the envelope, so received, unopened, to the proper election officer, who shall open the same, in the presence of the election board, and deposit the ballots therein contained, together with the envelope, and accompanying papers, as other ballots are deposited, and said board shall count and canvass the same, in the same manner as other votes cast at said election; and the person delivering the same may, on the demand of any elector, be compelled .to testify, on oath, that the envelope so delivered by him, is in the same state as when I received by him, and that the same has not been opened, or the contents thereof changed, or altered, in any way, by him, or any other person.

Section 35. The right of any person, thus offering to vote at any such election, may be challenged, for the same cause, that it could be challenged, if lie,.were personally present, and for no other reason or cause.

Section 36. Any officer of any general, or special, election, in this state, who shall refuse to receive any such envelope, and deposit such ballots, or to count and canvass the same, and any elector who shall receive such envelope, and neglect or refuse to present the same, to the officers of the election district, endorsed on the said envelope, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by imprisonment, in the state prison, not exceeding one year, and by fine not exceeding five hundred dollars, or either, or both, in the discretion of the court.

Section 37. Any person, who shall wilfully and corruptly make and subscribe any false affidavit, or make any false oath, touching any matter or thing provided in this act, shall be deemed guilty of willful and corrupt perjury, and upon conviction thereof, shall be punished by imprisonment, in the state penitentiary, not exceeding five years, and by fine not exceeding one thousand dollars, or by either, or both, in the discretion of the court.

Section 38. That it shall be the duty of the secretary of the commonwealth to prepare the necessary blank forms, to carry out the provisions of this act,' and to furnish the same for the use of the persons so engaged in the military service.

Section 39.In case any qualified elector, in military service aforesaid, may be in any hospital, military or naval, or in any vessel, or navy yard, the statements and affidavits, in this act mentioned, may be witnessed by, and made before, any officer of the vessel, navy yard, or other place, in which said voter is, for the time being, engaged.

Section 40. It shall be the duty of every assessor, within this commonwealth, annually, to assess and return, in the manner now required by law, a county tax, of ten cents upon each and every non-commissioned officer and private, and the usual taxes upon every Commissioned officer, known by them to be in the military service of the United States, or of this state, in the army; and when any omission shall occur, the omitted names shall be added, by such assessors, to the assessments and lists of voter, on the application of any citizen of the election district, or precinct, wherein such soldier might, or would have a right to vote, if not in such service, as aforesaid; and such non-commissioned officers, and privates, shall be exempt from all other personal taxes, during their continuance in such service; and said assessors shall, in each and every case, of such assessed soldier, or officers, without fee, or reward, therefor, give a certificate of such regular, or additional, assessment, to any citizen of the election district, or precinct, who may, at any time, demand the same; and upon the presentation thereof, to the tax collector of said district, or the treasurer of the said county, it shall be the duty of such officer to receive said assessed tax, of, and from, any person offering to pay the same, for the soldier, or officer, therein named, and to endorse, upon such certificate, a receipt therefor, and it shall also be the duty of said collector, or county treasurer, to receive said assessed tax, from any person who may offer to pay the same, for any of said officers, or soldiers, without requiring a certificate of assessment, when the name of such person shall have been duly entered upon the assessment books, and tax duplicates, and give a receipt therefor, to such person, specially stating, therein, the name of the soldier, or officer, whose tax is thus paid, the year for which it was assessed, and the date of the payment thereof; which said certificate and receipt, or receipt, only, shall be prima facie evidence, to any election board, provided for by this act, before which the same may be offered, of the due assessment of said tax, against, and the payment thereof by, the soldier, or officer therein named, offering the same, as aforesaid; but said election board shall not be thereby precluded from requiring other proof, of the right to vote, as specified by this act, or the general election laws of this commonwealth ; and if any of said assessors, collectors, or treasurers, shall neglect, or refuse to comply with the provisions of this section, or to perform any of the duties, therein enjoined upon them, or either of them, he, or they, so offending, shall be considered and adjudged guilty of a misdemeanor in office, and shall, on conviction, be fined, in any sum not less than twenty, nor more than two hundred, dollars: Provided, That the additional assessments, required to be made by the above section, in the city of Philadelphia, shall be made, on application of any citizen of the election district, or precinct, thereof, upon oath, or affirmation, of such citizen, to be administered by the assessor, that such absent soldier is a citizen of the election district, or precinct, wherein such assessment is required, by such citizen, to be made.

Section 41. This act shall not apply to the election of members of council, or to ward and division officers, in the city of Philadelphia.

HENRY C. JOHNSON, Speaker of the House of Representatives.

JOHN P. PENNY, Speaker of the Senate.

Approved-The twenty-fifth day of August, Anno Domini one thousand eight hundred and sixty-four.

A. G. CURTIN.