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right of, only determinable in quo warranto, 455
vacancy, how filled, 455.
nature of borough election, 457.
of elector, not an infamous crime, 134.
history of the, 641.
power to make, incident to corporations, 20.
duties of, ministerial, 261, 300, 305-6, 434.
returns, when conclusive on, 423.
right of returning officer to give, 286.
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.
effect of, in contested election case, 538, 577.
privileges and immunities of, 38.
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,
effect of, 581.
when valid, 16.
when illegal, under the election laws, 612.
the people have no legislative power in their primary
legislative power cannot be delegated, 3, 24.
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-
congress may punish fraudulent registration at con-
must be determined on the merits, 270-4.
jurisdiction to try, when exclusive, 656.
powers of, not defined, 29, 32.
power of, to make ordinances, 20.
jurisdiction to punish for desertion, exclusively in, 78,
description and advantages of, 739.
DE FACTO OFFICERS
acts of, good as to the public, 274-6, 439, 441, 452.
of legislative power forbidden by the constitution, 3,
jurisdiction to punish for, exclusively in courts-mar-
candidate cannot discontinue contested election, 513,
may be inflicted as a punishment for crime, 69, 73,
only incurred after trial and sentence, 69, 81.
power of the states to inflict, 82.
effect of vote for disqualified person, 129, 144, 150.
for acting as election officers, 274.
by acceptance of another office, 655.
of election district, destroys the functions of local
requisites of a valid, 681.
to fill a vacancy, 679, 684.
electors must vote in their proper, 214, 223, 236.
not required to be uniform, 50, 63, 176.
liability of, to action, 39, 52, 190, 192.
nature of the action against, 194.
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-
courts cannot try contested elections of, 455.
appointed for state, competent to conduct presi-
are annual officers, 523.
courts cannot allow extra compensation to, 590.
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,
negro suffrage, 49, 65.
prior to the 15th amendment, negroes did not enjoy
ELECTORS. See VOTERS
meaning of, 143.
of office may be recovered from a usurper, 391.
of intention of voters, when admissible, 258, 264, 369,
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,
circumstantial, to prove how an elector voted, 385, 408.
what may be proved in a contested election case,
rebutting testimony, 416, 422.
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
FEES OF OFFICE
where two polls are opened, both illegal, 583.
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.