PREFACE PAGE a. J K RE;\.i3ED 1921 Published Bij WILLIAM G JOHNSTON COMPANY PITTSBURGH. PRICE 5O CENTS The Voter's Guide A DIGEST OF THE ELECTION LAWS OF PENNSYLVANIA A Complete Description of the Method of Holding All Elections in this State ALSO DEFINING THE DUTIES OF County and Election Officers, Constables, Assessors and Registrars, as well as Candidates' Information. Revised and Enlarged by J. OSCAR EMRICH, Librarian, Allegheny County Law Library. PRICE, FIFTY CENTS. COPYRIGHTED 1921. BY THE EDITOR. Published by William G. Johnston Company, Pittsburgh, Pa. 1921-22 PREFACE. THE VOTER'S GUIDE has been revised as found necessary and published after each session of the legislature for the past twenty-six years. The purpose of this Guide has been to place the election laws in concrete form before election officers and those interested therein. The present edition has been revised to conform to the important changes in the law as passed by the last legislature which repealed the Non-Partisan Act as well as amended the Primary and Baker Ballot Acts and enacted the Congressional Representative, State Senatorial, State Representative and Judicial Apportionment Acts. The information has been written with a view of giving the law in a clear and concise manner, eliminating the technical language as used in the statutes. Beginning with the 1920 edition of the Guide, references to the source of information were given which system has been retained in the present edition. The classification system as used in the 1920 edition as well as the section numbers have been retained as far as practical. Where such law or information had been modified or repealed and no new matter could be readily obtained to supply the same under a given classifi- cation the section number was left blank and so marked. The information has been arranged under seven parts as follows. (See also Table of Contents, page 3.) Part I contains the law of General and Municipal Elections and the second sub-division thereof gives the Preliminary Duties of the Election Officers in organizing the various Boards on election morning. Following this is given the various duties of the Boards and steps of the Voters, and by following the in- structions, it should enable the Election Boards to intelligently perform their duties as well as the Electors cast their vote. Part II contains the law on Primaries and as far as practical cross references are given to the General and Municipal Election Laws under Part I as applicable. Parts III and IV contain the Election and County Officers' specific duties. The various Registration laws for cities, boroughs and townships are given under Part V, and Part VI is devoted to Candidates' information, as well as their election expenses, while Part VII contains various election statutes. An Index has been added which should make the information readily accessible. I wish to acknowledge with thanks the valuable assistance given me by George D. Thorn, Esq., Chief of the Election Bureau, State Department, Harrisburg, Pa., who supplied advance copies of the election laws and various information from time to time, also to Major W. T. Rees, Chief Clerk, Allegheny County Commis- sioners, whose suggestion of new matter has been of much assistance. The undersigned would be pleased to learn of any errors or re- ceive suggestions, which might increase the usefulness of the Guide. J. Oscar Emrich, Editor. Pittsburgh, Pa., July 1, 1921. TABLE OF CONTENTS. PART I. ELECTIONS. I. Election Days and Hours, 1 to 5. II. Election Officers, Preliminary Duties, 6 to 17. III. Peace Officers, A General, 18 to 21. B Constables, 22 to 26. IV. Qualifications of Voters, A General, 27 to 40. B Boroughs and Townships, 41 to 51. C Cities, 52 & 53. V. Challenging, 54 to 58. VI. Ballots and Voting, 59 to 90. VII. Closing the Polls, 91 to 106. VIII. Return of Votes, A Return Judges, 107 to 111. B Prothonotary, 112 & 113. C Clerk of Quarter Sessions Court, 114 & 115. IX. Pay of Election Officers, 116 to 126. X. County Return Board, A General, 127 to 129. B Tie Votes, 130 & 131. C Contested Elections, 132 to 137. PART H. PRIMARIES. XL Election Days and Hours, 138 & 139. XII. Election Officers Preliminary Duties, 140. XIII. Peace Officers, A General, 141. B Constables, 22 to 26. XIV. Qualifications of Voters, A General, 142. B Boroughs and Townships, 143 to 145. C Cities, 146 to 148. XV. Challenging, 149. XVI. Ballots and Voting, 150 to 159. XVII. Closing the Polls, 160 to 171. XVIII. Return of Votes, A County Commissioners, 172 & 173. B Return Judges, 174. XIX. Pay of Election Officers, 175. XX. County Return Board, A General, 176 to 179. B Tie Votes, 480. C Contested Elections, 181 to 183-B. 3 E. 461917 PART m. ELECTION OFFICERS' DUTIES. XXI. Clerks, 184 to 192. XXII. Inspectors, 193 to 218. XXIII. Judge of Election, 219 to 241. XXIV. Overseers of Elections, 242 to 245. XXV. Watchers, 246 to 254. COUNTY OFFICERS' PART IV. DUTIES. XXVI. Clerk of Quarter Sessions, 255. XXVII. County Commissioners, A Primaries, 256 to 262. B Elections, 263 to 272. XXVIII. Prothonotaries, 273 & 274. XXIX. Sheriffs, 275 to 279. PART V. GENERAL INFORMATION. XXX. Election Districts and Rooms, 280 to 291. XXXI. Registration, A Boroughs and Townships, 292 to 307. B Second Class Cities, 308 to 327. C Third Class Cities, 328 to 344. XXXII. Incompatible Offices, 345 to 369-D. XXXIII. Crimes, 370 to 374-A. PART VI. CANDIDATES. XXXIV. Primaries, A Nominations of Candidates and Election of Party Officers, 375 to 380. B Political Parties Denned, 381 & 382. C Spring Nominations, 383 to 387. D Fall Nominations, 388, 389 & 390. E Candidates' Petitions, 391 to 404. F Withdrawals and Vacancies, 405 to 411. G Party Ballots, 412, 413 & 414. XXXV. Nominations for Judges and Second Class City Officers, 415 to 417. XXXVI. Elections, A Party Name, 448 & 449. B Candidates' Petitions, 450 to 464. C Withdrawals and Vacancies, 465 to 468. XXXVII. Expenses, 469 to 490-A. PART VH. STATUTES, Primaries, 491 to 516. Congressional, State Senatorial and Representative Appor- tionment Acts, 517 to 538. Elections Baker Ballot Act, 539 to 574. COUNTIES AND COUNTY SEATS IN PENNSYLVANIA, 575. ELECTORAL VOTE FOR PRESIDENT, 576. DIAGRAM OF VOTING ROOM Th arrangement of the inspectors ad clerks shown in the diagram of Voting room is not mandatory, but ii recommended, so that the fficers and clerks of different political parties may be a check on each other, and to comply with the general election law. POLLINO BOOTHS. Majority Inspector with Ballot Box. Minority Clerk with Ballots, and numbered list of TOters. TA.JBLE. Minority Inspector with Voting Check List. Majority Clerk with Ballot Check List, and numbered list of roters. Guard Watcher. Watcher. Constable (at General Election). Voters. Sees Ml ELECTIONS PART I. I. ELECTION DAYS AND HOURS. 1. General elections are held on the Tuesday next following the first Monday of November in even numbered years. (Const. Art. 8, 2.) 2. Municipal elections for county, city, ward, borough, township and school officers are held on the Tuesday next follow- ing the first Monday of November in odd numbered years. (Const. Art. 8, 3.) 3. Special elections are to be regulated and conducted like general elections and by the same officers. Their duties shall be the same, save where contrary is prescribed by law. (1874, P. L. 31, 23.) 4. The first Tuesday after the first Monday -of November is designated as a public holiday. (1911, P. L. 3, 1.) 5. Polls shall be opened at seven o'clock A. M., and closed at seven o'clock P. M. (1874, P. L. 31, 5.) H. ELECTION OFFICERS PRELIMINARY DUTIES. See also Election Districts and Rooms, 280 to 291. Overseers, Duties of, see (Subject) Overseers, 242 to 245. Watchers, Duties of, see (Subject) Watchers, 246 to 254. 6. The judge or inspector who without good cause fails or neglects to attend at the time of opening the polls shall in every such case forfeit the sum of twenty ($20.00) dollars. (1839, P. L. 519, 99.) 7. If any inspector, judge or clerk, shall neglect or refuse to take upon himself the duties of such office, he shall forfeit and pay the sum of fifty ($50.00) dollars, or having entered upon the same, shall afterwards neglect or refuse "to perform the duties thereof according to law, he shall forfeit and pay the sum of one hundred ($100.00) dollars for every such offense. (1839, P. L. 519, 100.) 8. If any inspector, judge or clerk of an election shall pre- sume to act in such capacity before taking and subscribing the oath required by this act, he shall, on conviction, be fined in any sum not less than fifty ($50.00), nor more than two hundred ($200.00) dollars. (1839, P. L. 519, 101.) 9. The judge shall publicly break open the package contain- ing ballots, blanks, cards of instruction, stationery, etc. (1893, P. L. 419, 20.) 10. Judge of election is sworn or affirmed by the minority inspector, or in his absence by a justice of the peace, or alderman. (1839, P. L. 519, 20, 22, also 1874, P. L. 31, 9.) 11. Judge of election swears or affirms inspectors, overseers and clerks, also attests certificates of oaths or affirmations which must be signed by persons so sworn. (1839, P. L. 519, 19, 21 and 22, also 1874, P. L. 31, 9.) 6 ELECTIONS. Sees. 12-18 12. If any judge or minority inspector refuses or fails to swear the officers of election in the manner required by this act, or if any officer of election shall act without being first duly sworn, or if any officer of election shall sign the form of oath without being duly sworn, or if any judge or minority inspector shall certify that any officer was sworn when he was not, it shall be deemed a misdemeanor, and, upon conviction, the officer or officers so offending shall be fined not exceeding one thousand ($1000.00) dollars, or imprisoned not exceeding one (1) year, or both, in the discretion of the court. (1874, P. L. 31, 9.) 13. If the minority inspector does not attend on election morning the person who received the second highest vote for judge at the preceding election will take his place. If the majority inspector does not attend the judge shall appoint an inspector. If the judge does not attend the majority inspector shall appoint a judge. If any vacancy continues until eight o'clock the qualified electors present shall elect one of their number to fill the vacancy. (1839, P. L. 519, 16.) 14. The place of a non-attending clerk is filled by the inspect- or appointing him or by the acting inspector. (1839, P. L. 519, 17.) 15. The board shall open the ballot box, burn and totally destroy all the old ballots and other papers which it contains before holding the subsequent election. (1909, P. L. 425, 1.) 16. Post one card of instructions and one card of penalties at or in each voting booth, and three or more cards of instructions and penalties and five or more specimen ballots in the voting room outside the guard rail. The board shall give cards of in- struction, penalties or specimen ballots to any voter requesting same. (1893, P. L. 419, 20.) 17. Properly arrange the places of election officers and clerks. Place ballot box at least six (6). feet from the guard rail. (1893, P. L. 419, 19.) III. PEACE OFFICERS. A. GENERAL. 18. It shall be the duty of every mayor, sheriff, deputy sheriff, alderman, justice of the peace and constable, or deputy constable of every city, county and township or district within this Com- monwealth, whenever called upon by any officer of an election, or by any three qualified electors thereof, to clear any window, or avenue to any window, at the place of the general election, which shall be obstructed in such a way as to prevent voters frorn approaching the same, and on neglect or refusal (so) to do, on such requisition, said officer shall be deemed guilty of a mis- demeanor in office, and on conviction shall be fined in any sum not less than one hundred ($100.00) dollars and not more than one thousand ($1,000.00) dollars. And ft shall be the duty of the respective constables of each ward, district or township within 7 Sees. 18-24 ELECTIONS. this Commonwealth to be present in person, or by deputy, at the place of holding such elections in said ward, district or township, for the purpose of preserving the peace, as aforesaid. (1839, P. L. 519, 111.) 19. It shall be the duty of every peace officer, as aforesaid, who shall be present at any such disturbance at an election as is described in this act, to report the same to the next court of quarter sessions, and also the names of the witnesses who can prove the same; and it shall be the duty of the said court to cause indict- ments to be preferred before the grand jury against the persons so offending. (1839, P. L. 519, 112.) 20. It shall be the duty of the police officers, constables, and deputy constables, now required by law to be present at the polls, to remain in the voting room, but outside of the guard rail, while the votes are being counted, and preserve order therein. No person, except the said peace officers, when necessary for the pre- servation of the peace, or persons acting by their authority, shall enter into the space within the guard rail, or converse with any election officer, in any way after the polls are closed and until the counting of the votes has been completed. (1903, P. L. 338, 5.) 21. If the constables or supervisors of any township, ward, or district, shall neglect or refuse to perform the duties herein required of him or them, they shall respectfully, on conviction, be fined in any sum not less than fifty ($50.00) dollars nor more than one hundred ($100.00) dollars. (1839, P. L. 519, 97.) B. CONSTABLES. See also Incompatible Offices, 345 to 369-D. 22. Give notice of all officers to be elected at the municipal election in odd numbered years, ten (10) days prior to the date of the election, by advertisements posted up in most public places. Enumerating officers to be elected and designating the places at which the election is to be held. (1839, P. L. 539, 13, Cls. 1 and 2; also 1840, P. L. 683, 2.) 23. If it shall be made appear to any court of quarter sessions of this Commonwealth, that any riot or disturbance occurred at the time and place of holding any election under this act, and the constables who are enjoined by law to attend at such elections have not given information thereof, according to the provisions of this act, it shall be the duty of said court, to cause the officer or officers, so neglecting the duty aforesaid, to be proceeded against by indictment for misdemeanor in office, and on conviction thereof, the said officer shall be fined in any sum not exceeding one hundred ($100.00) dollars. (1839, P. L. 519, 113.) 24. It shall be the duty of the several courts of quarter ses- sions of this Commonwealth, at the next term of said court after any election shall have been held under this act, to cause the respective constables in said county to be examined on oath, as 8 ELECTIONS. Sees. 24-30 to whether any breaches of the peace took place at the election within their respective townships, wards or districts; and it shall be the duty of said constables respectively to make return thereof as part of their official return at said court. (1839, P. L. 519, 114, Repealed as to Bradford and Susquehanna counties, Act 1869, P.L.441, 1.) 25. Serve certificates of election. (1840, P. L. 683, 1.) 25-A. Constable may appoint deputy constable subject to the approval of the Court of Quarter Sessions for the purpose of pre- serving the peace at election. Appointee must be a bona fide resi- dent of the ward, borough, or township for which he is appointed. (1839, P. L. 519, 111, 112, 113 and 1913, P. L. 534, 1, 2.) 26. Constable or deputy constable shall receive five ($5.00) dollars for attending general, special, township, ward or borough election, which sum shall include pay for serving notices in writing to persons elected at the above stated 'elections. (1919, P. L. 274, 1). IV. QUALIFICATIONS OF VOTERS. See also Registration, 292 to 344. A. GENERAL. 27. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. (U. S. Const. 15th Amendment, 1.) 28. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation. (U. S. Const. 19th Amendment, 1, Ratified August 26th, 1920.) 29. All * * * citizens, twenty-one years of age, possessing the following qualifications shall be entitled to vote at all elections: 1. They shall have been citizens of the United States at least one month. 2. They shall have resided in the State one year immedi- ately preceding the election (or six months if previously a qualified elector or native born citizen, removed from the State and returned) . 3. They shall have resided in the election district at least two months preceding the election. 4. If twenty-two years of age or more, they shall have paid a State or County Tax within two years, that was assessed at least two months and paid one month before the election. (Const. Art. 8, 1.) See also 28. 30. The tax must have been assessed upon them personally at least two (2) months and paid (1) month before the election. (Const. Art. 8, 1.) 9 Sees. 31-40 ELECTIONS. 31. The tax must be paid by the voter himself or upon his written order. (1897, P. L. 276, Act No. 218, 1.) 32. A mercantile tax is not a State or County tax within the meaning of the Constitution. (Conway v. Carpenter 11 W. N. C. 169.) 33. Any person who while a citizen of the United States and during the European War, entered the military or naval service of any country at war with the country with which the United States was at war, shall have lost his citizenship by reason of any oath or obligation taken by him for the purpose of entering such service may resume his citizenship, by taking the oath of allegiance to the United States as prescribed by the naturalization law and regu- lations. (May 9, 1918-40 U. S. Stat. at L. 545, Cl. 12.) 34. Any American Woman who marries a Foreigner shall take the nationality of her husband. At the termination of the marital relation, she may resume her American Citizenship by continuing to reside in the United States. (March 2, 190734 U. S. Stat. at L. 1228, 3.) 35. Any Foreign Woman who acquires American Citizenship by marriage to an American (1), or one having been naturalized (2), shall be assumed to retain the same after the termination of the marital relation, if she continues to reside in the United States (3) . (1 & 3) March 2, 1907-34 U. S. Stat. at L. 1229, 4-(2) Rev. Stat. 1994. 36. Naturalization papers granted to the father or mother when children are minors make them citizens. (U. S. Rev. Stat. 2172.) 37. For the purpose of voting no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while employed in the service, either civil or military, of this State or of the United States, nor white engaged in the navigation of the waters of the State or of the United States, or on the high seas, nor while a student of any institution of learning, nor while kept in any poor house or other asylum at public expense, nor while confined in public prison. (Const. Art. 8, 13.) 38. A voter cannot cast his ballot at any polling place out- side the election district in which he is domiciled except when in actual military service of this State or the United States. (1893, P. L. 107, Act No. 60, 1.) 39. Residence means the domicile, abode, home, or the place where a man abides with the intention of making it his permanent habitation. (Fry's Election Case, 71 Pa. 302.) 40. In cases of students attending college for an education only, a teacher going into a district to teach a school, a laborer at work for a definite period, a contractor to carry out his con- tract, persons going from the city to the country for the summer, 10 ELECTIONS. Sees. 40-50 do not lose their residence in the district they formerly resided in, nor do they gain a residence in the district in which they are for the purposes aforesaid, unless it be their fixed intention to acquire a permanent residence in the district to which they have moved. (Fry's Election Case, 71 Pa. 302.) B. BOROUGHS AND TOWNSHIPS. See also 27 to 40; Registration, 292 to 307. 41. Require voter to establish his right to vote when not registered (1), or when challenged (2). (1) 1899, P. L. 254, 1 (2) 1874, P. L. 31, 11. 42. Election officers are guilty of a crime for receiving unregistered votes without the required affidavits. (In re Con- tested Election of McDonough, 105 Pa. 488.) 43. If not registered, he shall produce one qualified voter of the district as a witness of his residence. (1899, P. L. 254, 1.) 44. If a native born citizen, claiming vote on age, he shall produce a witness as above and subscribe to affidavit. (1899, P. L. 254, 1.) 45. If a native born citizen, twenty-two years of age or more, he shall produce a witness as above, exhibit his tax receipt or make oath that it was lost, destroyed or never received. Also subscribe to affidavit. (1899, P. L. 254, 1.) 46. If a naturalized citizen he shall produce a witness as above, exhibit his naturalization papers, except when he has been a voter five consecutive years in the district and subscribe to affi- davit. (1899, P. L. 254, 1.) 47. If a person claiming the right to vote on age was born elsewhere than in the United States, he shall state that fact in addition to his affidavit and produce evidence that he is natural- ized, or entitled to citizenship by his father's naturalization. (1899, P. L. 254, 1.) 48. Naturalization papers granted to the father or mother when children are minors make them citizens (1). The naturali- zation certificate must be produced and indorsed by the judge of election, showing who voted thereon and when and where, unless proved that the person voting has voted in the district continu- ously for five years (2). (1) U. S. Revised Statutes, 2172 (2) 1874, P. L. 31, 11. 49. For the purpose of voting on age, a minor becomes of age on the day preceding the twenty-first anniversary of his birth. (In re Griffiths, 1 Kulp, 157.) 50. After elector has established his right to vote, add his name to both check lists. (1893, P. L. 419, 21.) 11 Sees. 50A-54. ELECTIONS. 50A. A woman who is registered and subsequently marries a native born or naturalized citizen of the United States between the registration and election day may vote by making a proper affidavit ; providing, she continues to reside in the election district as required by law. (Editor.) 51. Election officers must take the proofs required by law where the claimant is not registered, or is challenged. The Act of Assembly declares that the proofs must be taken, preserved, and returned with the rest of the papers. Their oaths require it. The courts hold it absolutely essential, and a fine of five hundred ($500.00) dollars and one year's imprisonment, emphasize that they must obey the law. (1874, P. L. 31, 11 and 12.) C. CITIES. See also 27 to 40; Registration, 308 to 344. 52. Any person whose name is on the register of second (1), and third (2) class cities shall be entitled to vote at any general, special, municipal, or primary election, unless it shall be shown, to the satisfaction of the election officers, that he is no longer a resident of the election district in which he is registered. If his name is not registered, he shall not be entitled to vote at any election. Before receiving his ballot every voter shall satisfy the election officers of his identity, and, if challenged, by signing his name in the place provided for that purpose. (1) 1913, P. L. 977, 17 (2) 1917, P. L. 738, 6. 52A. A woman who is registered and subsequently marries a native born or naturalized citizen of the United States between the registration and election day may vote by making a proper affidavit ; providing, she continues to reside in the election district as required by law. (Editor.) 53. An elector desiring to vote on age must have been regis- tered before the election. See 315, 324 and 333. V. CHALLENGING. See also Qualifications of Voters, 27 to 51; Registration, 317, 318, 336 and 337. 54. Any person who shall give, or promise or offer to give, to an elector, any money, reward or other valuable consideration for his vote at an election, or for withholding the same, or who shall give or promise to give such consideration to any other person or party for such elector's vote or for the withholding thereof, and any elector who shall receive or agree to receive, for himself or for another, any money, reward or other valuable consideration for his vote at an election, or for withholding the same shall thereby forfeit the right to vote at such election, and any elector whose right to vote shall be challenged for such cause before the election 12 ELECTIONS. Sees. 54-63 officers shall be required to swear or affirm that the matter of the challenge is untrue before his vote shall be received. (Const. Art. 8, 8.) 55. But if the challenger offers testimony in support of the truth of the charge, the board must decide according to the weight of the evidence. (Editor.) 56. In boroughs and townships when a person's name is on the registry list but his right to vote is challenged by a qualified citizen, he shall make the same proof of the right to vote as required of a person not registered. See -41 to 51. (1874, P .L. 31, 11.) 57. In boroughs and townships if tax receipts are called for and not produced by the claimant, he must make the same proofs as required of the unregistered. (1899, P. L. 254, 1.) 58. In cities of the second (1), and third (2) class, if elector is challenged he shall sign his name in the register at the place pro- vided for that purpose. If his name is not registered he shall not be entitled to vote. (1) 1913, P. L. 977, 17 (2) 1917, P. L. 733, 6. VI. BALLOTS AND VOTING. Crimes, see 370 to 374. Federal and State Employees registered on petition and voting in second class cities, see 327. Qualifications of voters, see 27 to 53. Registration of voters, see 292 to 344. Overseers, Duties of , see (Subject) Overseers, 242 to 245. Watchers, Duties of, see (Subject) Watchers, 246 to 254. 59. All elections by the citizens shall be by ballot or by such method as may be prescribed by law: Provided, that secrecy in voting be preserved. (Const. Art. 8, 4.) 60. Permit no more than ten (10) voters, not including watchers and peace officers, outside the guard rail at one time. (1903, P. L. 213, 1.) 61. Permit no more than four (4) voters in excess of the number of voting booths, not including persons giving assistance, within the guard rail at one time. (1893, P. L. 419, 21.) 62. The elector shall give his name and residence to the officer in charge of the ballots. (1893, P. L. 419, 21.) 63. Elector claiming right to vote whose name does not appear on the Voting Check List in boroughs and townships. See 41 to 51. If his name does not appear on the register in cities of the second and third class. See 52. 13 Sees. 64-71 ELECTIONS. 64. Controversies as to the elector's right to vote are decided by the inspectors. If they disagree, the judge decides and for that purpose may examine under oath the person claiming such right. (1839, P. L. 519, 6 See also 47 Pa. Super. Ct. 592 and 600.) 65. When the voter has established his right to vote the board shall (1) Write his name on the numbered list of voters (2). Admit him within the guard rail. Deliver him folded ballot. Mark "B " against his name on the Ballot Check List (3). (1) 1899, P. L. 254, 1 (2) 1893, P. L. 419, 24 (3)1893, P. L. 419, 21. 66: He shall have assistance in marking his ballot when he declares to the judge that by reason of disability he desires such assistance. (1893, P. L. 419, 26.) 67. Allow no voter to occupy a voting booth already occupied by another except when giving the help allowed or to remain within the booth over three minutes, if all of the booths are in use and other voters waiting. (1903, P. L. 213, 1.) 68. On receiving his ballot he shall immediately enter the booth, close the screen or door and mark the ballot. He shall then refold the ballot as received and deposit it in the ballot box and quit the enclosed space at once. (1919, P. L. 829, 1.) 69. When a voter spoils a ballot in marking he may obtain another by surrendering the spoiled one to the election board which ballot must be cancelled. (1893, P. L. 419, 25.) 70. Marking the Ballot. To vote a straight party ticket, mark a cross (X) within the square in the first column opposite the party of your choice. To vote a split or mixed ticket, place a cross (X) opposite the name of every candidate desired to be voted for. 1919, P. L. 829, 1. 71. Exceptions in Marking. If he desires to vote for every candidate of a political party, he may make a cross-mark in the appropriate square, opposite the name of the party of his choice, in the straight party column, on the left of the ballot, and every such cross-mark shall be equivalent to a vote for every candidate for the party so marked: Provided, That the voter may make a cross-mark in the appropriate square, opposite the name of the party of his choice, in the straight party column on the left of the ballot, and may also make a cross-mark in the square to the right of any individual candidate whom he favors. In such case his vote shall be counted for all the candidates of the party in whose straight party column on the left of the ballot he placed 14 ELECTIONS. Sees. 71-73 such cross-mark, except for those offices for which he has indicated his choice by marking in the squares to the right of individual candidates, and his vote shall be counted for such individual candidates, which he has thus particularly marked, notwith- standing the fact that he made a mark in the straight party column on the left of the ballot. Provided further, That in any case where more than one candidate is to be elected to any office, the voter shall, if he desires to divide his vote among candidates of different parties, make a cross (X) mark in the appropriate square, to the right of each candidate for whom he desires to vote, not exceeding the total number to be elected for such office, and no vote shall be counted for any candidate in such group not individually marked, notwithstanding the mark in the party square. (1919, P. L. 829, 1.) 72. The following statements and illustrations showing how certain marked ballots should be counted, being sections 73 to 82, have been prepared by George D. Thorn, Esq., Chief of the Election Bureau, State Department, Harrisburg, Pa., to whom due credit is hereby acknowledged. 73. There are two ways to vote a split ticket. First: By making a cross in the party square in the first column, and then by making a cross-mark opposite the names of candidates of another party. A ballot marked thus will be counted for every candidate of the party whose party square has been marked, except candidates for offices for which the voter has indicated his intention to vote for candidates of another party by marking the names individually, and will be counted for the latter candidates. Where there are two or more candidates in a group for an office and the voter makes a mark in a party square and a mark after the name of but one candidate of another party in the group, that name is the only one for whom a vote can be counted, as it is impossible to determine for which other candidates in the group, if any, the voter desired to cast his ballot. Second : By making a cross (X) mark opposite the name of each candidate for whom he desires to vote, not exceeding the number to be elected to any office. 15 Sec. 74 ELECTIONS. FIRST COLUMN. To Vote a Straight Party Ticket, Mark a Cross (X) in this Column. REPUBLICAN. DEMOCRATIC JXJ LJ UNITED STATES SENATOR (VOTE FOR ONE) Morton, REPUBLICAN Rummel, DEMOCRATIC Brenner, SOCIALIST Love, PROHIBITION SOCIALIST. |_ L PROHIBITION. LJ REPRESENTATIVES CONGRESS AT LARGE (VOTE FOR FOUR) Killheller, REPUBLICAN Larkin, REPUBLICAN X Leopold, REPUBLICAN McConnell, REPUBLICAN Wright, DEMOCRATIC Tyler, DEMOCRATIC Repp, DEMOCRATIC REPRESENTATIVE IN CONGRESS (VOTE FOR ONE) Wagner, REPUBLICAN Schleicher, DEMOCRATIC Hepfinger, SOCIALIST Fraisin, PROHIBITION A Ballot marked as above, votes for all Republican Candidates for all offices except Congress-at-Large. The only Candidate in that group for whom a vote can be counted is "Larkin". \ 16 ELECTIONS. Sec. 74 JUSTFCE OF THE SUPREME COURT (VOTE FOR ONE) Brown, REPUBLICAN Jones, DEMOCRATIC Smith, SOCIALIST Clark, PROHIBITION AUDITOR GENERAL (VOTE FOR ONE) Hendricks, REPUBLICAN Huckins, DEMOCRATIC Huntington, SOCIALIST Kane, PROHIBITION JUDGE OF THE SUPERIOR COURT (VOTE FOR ONE) Black, REPUBLICAN Gray, DEMOCRATIC Crane, SOCIALIST Spooner, PROHIBITION SENATOR IN THE GENERAL ASSEMBLY (VOTE FOR ONE) Schaeffer, REPUBLICAN Etonian, DEMOCRATIC Weaver, SOCIALIST Bellman, PROHIBITION STATE (VOTE TREASURER FOR ONE) Smith, REPUBLICAN Leinbach, DEMOCRATIC Dunham, SOCIALIST Packer, PROHIBITION REPRESENTATIVE IN THE GENERAL ASSEMBLY (VOTE FOR ONE) Jamison, REPUBLICAN McShane, DEMOCRATIC Fisher, SOCIALIST Johnson, PROHIBITION 17 Sec. 75 ELECTIONS. 4| LJJ < , D o Pi! a 6 1 g^ d d d d V 1 1 a i 2 P4 Q fD J P4 f2 p^ Q Q Q Q g OS a ^ O o s ^b _ fee. cu * N ~' E 2 ^ fl > ^r* jr^ a> -->" * ^ ^ r O ^^ cd o c WJ a to VI r^ w O 'S CJ r* o ffi o pq h 0) P J O P i CO 1 CO U I n S W &- ^ | - O Q t co R 1 (U 1 O CO i 3 PH CX d S g CD o g 2 pq r/i eg a 1 8 a pq $ ^ i > t 1 1 g o 1 > I PPP 18 ELECTIONS. Sec. 76 g . o ? 1 1 d 0) d d 0) N -, d 1 1 0) Q s os S f 1 i' o g 1 Q Q 1 1 8 1 a > 1 5 tf g g , d o O 1 1 3 S .s ! O o | d i W X-N (2 Q P^ ^ rH H^ JH Q W > O g i" 'a 1 1 1 < Cj 1 ) CO i M O g d d d d 1 br <^ P? P Q Q Q >GE COMMOI (Vote for tw( 8 pq G M g i o t -) ^H" 1 PQ 1 g l I B "3 .2 rt ^. o j-T o a 3 1 ffi w o 1 H w 1 1 i 1 1 -ij n s fr< (3 1 Q 1 g II o h ffig ,, ^ 2 w *c a 1 ^ U 1 P 0) W Pj s? 1 o i j i M 2 O, o 05 'o' I ^ 5 P 6 Q 1 1 S w Q c2 o a> O*w ^3 O o 4^ ^Jb **-! a oT of .a a 2 o O 1 1 s 2 PQ S eS !2 -3 n A a D9 (-, H -*H Bu OH . i d 5 o > S 'o' c< (^ Q Q e3 o B O : . # 1 > .p ,4 ^ o w " o 3 f3 I 1 o | 1 Jo S 1 3 & -8 g o * P^ > :i;i 5S -P O M g^ u i an ! O 1 pq DDP I Q 21 Sec. 79 ELECTIONSS. I l i X sl o d o I HH O fc? pj 1 d 1 1 6 Q Q i Q Q O S Si >J |5 tr B ^ to - 1 e 1 1 o PQ 1 OT 1 w i| J & 1 ,3 CO CO 43 0) ? m *-! 1! fr Q c3 If i 1 i i j I ft r! 5 " 1 gi 51 fe (W ^ ^3 w^C- densed bB S . w " o s js 1 U oT 1 O I CO i ffi a PQ ^c 1 CO ii 3 ILLUSTRATION Li je:i 88 W O i S 1 o 1 1 1 JUDGE COMMON PI (Vote for two) d 2 PQ I d 1 1 6 Q 1 S d u Q wT 3 PQ 1 i 22 ELECTIONS. Sec. 80 ri X X X X O ! 1 0) Q 11 d d o d 0) (2 0> Q I 1 1 ^H O OS S ~ H~ | c/T 1 i o w | W3 o $ *o3 o W w H ffi ^ o CO CO a "e3 M gl d u g Q 1 * CM Qj o r^ **^ Sb -- ( PN d 1 E o ! 0) S m s { d a ! t- rt X i O d B g 1 F (D Q S i| | ILLUSTR B? O a> O r ^ -* ^ W o W > O 'a i 1 rrt E> o o O o cj i > oners 1 - |! d a 9 0) Q S 0) Q 1 c3 1 o| r o of rf 1 3 I j O CO H w s 3 . d 6 d E fe 'o' p^ . P4 P p o B 1^ o 1 cf | > w " 1 w 3 i is o 1 Charles 1 William I 1 Robert ] -gg 23 Sec. 81 ELECTIONS. X d X X X X | , g? 4 Q ll ex a 0) 1 a. Q a a OS <3 .2 2 ^ ^ x 6T E 4-T VI M > w ^4 W a> '(D o OJ W o EH K .s O P? ^ CO ^ CO +^ X _! ^ rv. d g j M s ^ tS Q O "S si h w| CO- 'OJ 2 S ^ | 2 r 1 g 1 g X X 1 'w'o & 8^ S i d d *3 -^ P^ P^ Q Q CO CO S-2 oj o| & fe ^ .. ! S . 1 ' CO w I 2 PQ 1 rt X o 3 d a CD P S H I Q ^ D ^ OQ | wT w fe . J2 g i o fl) CO P g 1 S ^^ S O rt 1 CO i X X S d d Ej S OJ 0) fe 'o' p2 P(H Q Q o B 81 -- M tT o 5J W O PQ JS 1 cu o 1 > ^, 1 rt 6 1 C O 1 1 i DDDP 5-2.3 I J2 O cc 24 I 11 ELECTIONS. Sec. 82 OS & O E51 al V Q 1 ex 1 W es ^ . J-( ^a &yQ H o d o tn a s 2 | a & o o || 1 I I 1 c3 1 o g s 5| 3 w cf B c a oT OT i iT 02 u s o 1 1 w 2 PQ | s 1 CM o 1 rt o i < e w o i w r S ex ex d a P Jl ;_T o 1 Charles Brc 1 William Ku 1 o i > 1 4J 1 '111 KM DPPP .2 I c 5 25 Sees. 83-90 ELECTIONS. 83. If a voter who votes a mixed or split ticket desires to vote for all the Presidential electors of a party, he will place a cross (X) in the large square opposite the names of the candidates for Presi- dent and Vice-President, at the head of the group of Presidential electors he desires to vote for. (1903, P. L. 338, 2.) 84. When a constitutional amendment or other question is submitted to a vote of the people, the voter will place a cross (X) opposite the answer he desires to give. (1903, P. L. 338, 2.) 84-A. Increasing indebtedness of various municipalities. Ballot to be used at an election to ascertain whether the indebt- edness of a municipality shall be increased must be an official ballot furnished by the County Commissioners and in the form prescribed by the Act of April 29, 1903, P. L. 338, 2. (168 Pa. 578; 224 Pa. 425; 231 Pa. 461; 52 P. L. J. 178.) 4 85. Ballot Decisions. Names of the candidates (but not the title of the office to be filled) not on the printed ballots may be inserted by writing or pasting a printed slip, with a name on it in the space provided for that purpose. (165 Pa. 233; 173 Pa. 60; 180 Pa. 566; 234 Pa. 512.) A blanket sticker which covers not only the space left vacant for the insertion of names, but also other parts of the ballot, renders the vote for the office in question illegal and void. (The candidate's name, only, is to be inserted, not the title of the office.) 47 P. L. J. 318; 234 Pa. 512. 86. The courts have no jurisdiction to direct what instruc- tion the County Commissioners shall or shall not give to voters- as to marking ballots. (190 Pa. 134.) 87. The mark of one (1) in the square provided in the official ballot for a cross-mark, or a cross-mark (X) in a square below such square, has not the effect of a cross-mark (X) in the proper place for it. 181 Pa. 457; 21 D. R. 1091 ; Nor ballots marked by a "Y" or a part of a cross. (14 D. R. 645.) 88. Where several persons are to be elected to the same office for .different terms, ballots must designate terms for which each person is to serve. (J52 Pa. 544.) 89. Every voter must deposit his ballot in the ballot box himself (1), and the Inspector must announce the name of the voter to the Clerk in charge of the Voting Check List, who will mark the letter "V" opposite the name of the voter, in the space provided for that purpose (2). (1) 1919, P. L. 829, 1 (2) 1839, P. L. 519, 70. 90. No list of the names of voters, except such lists as are expressly authorized by law, shall be made within the voting room by any person, nor shall any list of the ballots be made except such lists as are authorized by law. Provided, that any 26 ELECTIONS. Sees. 90-103 voter may make a memorandum of his own ballot and watchers may keep their poll books and challenge lists. (1893, P. L. 419, 24.) VII. CLOSING THE POLLS. See also Return of Votes, 107 to 115. 91. Polls shall be closed at seven o'clock P. M. (1874, P. L. 31, 5.) 92. Permit only persons who have already received ballots, to mark and deposit them after the time for closing the polls has arrived. (1903, P. L. 213, 1.) 93. Make a record and announce the number of the last vote cast. (1903, P. L. 338 5.) 94. Count and announce the number of names checked in the Voting Check List, (1903, P. L. 338, 5.) 95. The number of ballots cast and the number of names checked on the Voting Check List should be identical. (1903, P. L. 338, 5.) 96. Inspectors open the ballot box and count and announce the number of ballots cast. (1903, P. L. 338, 5.) 97. In counting the votes the judge shall read aloud the names marked or inserted upon each ballot with the party name or political appellation under which each vote was cast, and the answers marked thereon to the questions submitted, if any. The judge or inspectors shall not have in their hands any pen, pencil or stamp for marking while counting votes or ballots. (1903, P. L. 338, 5.) 98. Illustrations showing how certain marked ballots should be counted, see (Ballots & Voting), 74 to 82. 99. Keep ballots in view but out of reach of persons in the voting room until replaced in the ballot box. (1903. P. L. 338, 5.) 100. The clerks shall each carefully enter each vote as read, and keep count of the same in duplicate tally papers prepared for the purpose. (1903, P. L. 338, 5.) 101. Fill out two tally sheets, one return sheet and triplicate return sheets. (1909, P. L. 425, 1.) 102. Fill out statement showing the votes received for each candidate from each political party and post on the door of the election house. (1909, P. L. 425, 1 . See also 1903, P. L. 338, 5.) B|103. Inspectors and judge shall make out a certificate of election, for each person chosen as an inspector, judge, borough or township officer, which certificate shall be delivered by the constable of the proper ward, township, district, or borough, within five (5) days after such election. (1840, P. L. 683, 1.) 27 Sees. 104-107-A ELECTIONS. 104. The ballot box shall contain, All ballots cast, Voting Check List (boroughs and townships only,) One numbered List of Voters, One tally paper, One of the triplicate return sheets in a sealed envelope. One oaths of the election officers. (1903, P. L. 217, 1.) 105. When the proper election papers have been deposited in the ballot box and locked, the signatures of the judge and inspec- tors should be affixed on a strip of paper and pasted across the opening in the top or the lid of the box, which should be tied securely with red tape and sealing wax freely applied (1); the judge and minority inspector shall return the box together with its contents to the place or person designated as its repository. If no place has been appointed by the Court of Common Pleas then to the nearest Justice of the Peace or Alderman (2). (1) 1903, P. L. 217, 1 (2) 1909, P. L. 425, 1. 106. The minority inspector shall retain in his possession, one of the complete triplicate return sheets in a sealed envelope. (1909, P. L. 425, 1.) VIII. RETURN OF VOTES. A. RETURN JUDGES. See also Pay of Election Officers, 116 to 123. 107. Judges residing within twelve (12) miles from the Pro- thonotary's office, or twenty-four (24) miles if on a railroad, shall make returns before two o'clock P. M. the next day after the election, and all other judges to make said returns before noon the second day after election. (1919, P. L. 425, 1.) 107-A. Consolidated returns of local elections in divided boroughs or townships. The judge, inspectors and clerks of each election district of any borough or township, which have been divided by the court into separate election districts shall make out a complete return of all the votes given at any borough or town- ship (municipal) election, designating the number of votes each person received; and the judge and inspectors shall appoint one of their number for return judge, to meet the other return judge or judges of the borough or township, at the oldest election place on the third day after any borough or township (municipal) election, and then add together the number of votes given for each person voted for, and make out the consolidated returns, as the nature of the election may require, and after the performance of said duties, appoint one of their number, by consent or lot, to deliver the consolidated returns to the clerk of courts office of the county. (1860, P. L. 609, 1. See also 16 D. R. 235; 29 D. R. 923.) ' 28 ELECTIONS. Sees. 108-111 108. Court of Common Pleas appoints one of the judges of election of such county or part of such county as a return judge to compute consolidated return in congressional (1), senatorial (2), and judicial districts (3) composed of two or more counties or parts of two or more counties, who meet at the court house as designated in the various districts. After computing the return, same is deposited in the prothonotary's office of the county in which they met. (1) 1921, P. L. Act No. 216, 3. (2) 1921, P. L. Act No. 217, 4. (3) 1921, P. L. Act No. 198, 4. 109. Return judges meet in congressional (1) and senatorial (2) districts on the Tuesday next following the day on which the official computation of the country returns in all such counties of the district shall have been completed. In judicial districts (3) they meet on the seventh day after the election. (1) 1921, P. L. , Act No. 216, 5. (2) 1921, P. L. , Act No. 217, 6. (3) 1921, P. L. , Act No. 198, 4. 110. In judicial districts composed of two or more counties or parts of two or more counties, return judges file one certified copy of the consolidated return for judges in the prothonotary's office of the county in which they met, also send one copy to the Secretary of the Commonwealth and a copy to each person elected. (1921, P. L. , Act No. 198, 5). 111. Representative Congressional Districts. Return judges of the following districts composed of two or more counties meet at the court house of the respective counties.. Districts' Nos. County 8th Chester. 9th Montgomery. 14th Berks 15th Susquehanna 16th Tioga. 17th Northumberland. 18th Mifflin. 19th Dauphin. 21st Blair. 22nd York. 23rd Clearfield. 24th Fayette. 25th Washington. 26th Beaver. 27th Indiana. 28th Warren. 29th Crawford. 30th Northampton. 1921, P. L. , Act No. 216, 4. 29 Sees. lll-A-112 ELECTIONS. 111-A. State Senatorial Districts. Return judges of the fol- lowing districts composed ot two or more counties or parts of two or more counties meet at the court house of the respective counties. Districts Nos. Counties. 14th Monroe. 17th Lebanon. 23rd. . : . . Bradford. 24th Lycoming. 25th Potter. 26th Clinton. 27th Northumberland. 30th Blair. 31st Perry. 33rd Franklin. 34th Clearfield. 36th Bedford. 37th Indiana. 41st Armstrong. 46th Washington. 47th Beaver. 48th Venango. 50th Crawford. 1921, P. L. , Act No. 217, 5. B. PROTHONOTARY. 112. At the General Election the judge shall deliver to the Prothonotary's Office: (a) Small envelope containing Return Sheet. (b) Large envelope (addressed to the Prothonotary), which shall contain the following : One tally paper. One oaths of election officers. Oaths of various voters and their witnesses (in boroughs and townships). Two small envelopes containing the following papers shall also be inserted in the large envelope. One triplicate return sheet. One numbered list of voters. (c) Seal in Wrapper all stubs, unused, spoiled and canceled ballots and Ballot Check List in boroughs and townships. (1893, P. L. 419, 24, 25.) (d) In cities of the second and third class, Wrapper containing stubs, unused, spoiled and canceled ballots are returned to Prothonotary, while Voting and Ballot Check Lists in cities of the second class (1913, P. L. 977, 17) are put in one envelope and returned to the Board of Regis- tration Commissioners and in cities of the third class (1906, P. L. 63, 13) to the County Com- missioners. (1909, P. L. 425, 1 See also 1903, P. L. 217, 1.) 30 ELECTIONS. Sees. 113-117 113. At the Municipal Election, the judge shall deliver two separate returns. For all offices or questions voted on by the. whole county and for justices or aldermen and Local City Elections (except third class city charters), returns are made to the Prothonotary's office. These should include the same papers as returned at a General Election. See 112 and 114. 113-A. In representative congressional (1), senatorial (2), and judicial (3) districts composed of two or more counties, or parts of two or more counties, return judges deposit the consoli- dated return with the prothonotary of the county in which they met. (1) 1921, P. L. , Act No. 216, 6; (2) 1921, P. L. , Act No. 217, 7 (3) 1921, P. L. , Act No. 198, 4. 113-B. Prothonotary to certify to Secretary of commonwealth under seal, copy of return of votes given each person in congres- sional (1) and senatorial (2) districts, also certified copy of such return to be mailed to each person as elected in such districts. (1) . 1921, P. L. , Act No. 216, 6; (2) 1921, P. L. , Act No. 217, 7. C. CLERK OF QUARTER SESSIONS COURT. 114. For all boroughs and township offices (except justices of the peace and alderman) a separate return is made to the office of the Clerk of the Court of Quarter Sessions (See also 107- A.) at the same time the return is made to the Prothonotary The papers delivered to the Clerk of Quarter Sessions are as follows : One return sheet (in an unsealed envelope). A large envelope (sealed and addressed to the Clerk of the Court of Quarter Sessions) containing: One of the triplicate returns in a sealed envelope. One tally paper. (1909, P. L. 425, 1 See also 16 D. R. 245.) 115. Returns for election for charter of third class city are made to the Clerk of the Court of Quarter Sessions and a duplicate return is duly certified to the Secretary of the Commonwealth by the Clerk of said Court. (1907, P. L. 268, 1.) IX. PAY OF ELECTION OFFICERS. 116. Judge, inspectors and clerks appointed by inspectors at elections are entitled to receive a minimum pay of five ($5.00) dollars each for all services rendered in the conducting of each election without regard to time. (1913, P. L. 632 Act No. 368, 1.) 117. In any election district where more than 250 ballots are cast at any election, each judge, inspector, and clerk shall be paid one dollar ($1.00) for each 100 ballots or fraction thereof, cast after the first 250 ballots, in addition to the minimum pay. (1919, P. L. 115, 1.) 31 Sees. 118-126-A ELECTIONS. 118, The Acts of 1913 and 1919 regarding pay of election officers does not alter the compensation of return judges as fixed by existing laws. 119. Judge of Election in Allegheny County receives seven dollars and fifty cents ($7.50) which includes two dollars and fifty cents ($2.50) as pay for return judge. 120. General Elections in even numbered years. Return judges are entitled to ten cents (lOc) a mile for each mile traveled, to be computed circular, and one dollar and fifty cents ($1.50) for each day necessarily spent in delivering returns. (The above does not apply to Allegheny County.) (1839, P. L. 519, 92, 93 See also 8 Pa. C. C. 24.) 121. Municipal Elections in odd numbered years. Return judges are entitled to two dollars ($2.00) for return day and six cents (6c) a mile, circular, for every mile traveled in delivering returns. (The above does not apply to Allegheny County.) (1895, P. L. 290, 1.) 122. Pay of return judges in congressional (1), senatorial (2) and judicial districts (3) composed of two or more counties or parts of two or more counties, ten dollars ($10.00) per day actually employed and ten cents (lOc) per mile. (1) 1921, P. L., Act No. 216, 7 (2) 1921, P. L. , Act No. 217 8, (3) 1921, P. L. , Act No. 428, 8. 123. Constable or deputy constable shall receive five ($5.00) dollars for attending general, special, township, ward or borough election, which sum shall include pay for serving notices m writing to persons elected at the above stated elections. (1919, P. L. 274, 51.) 124. Each registrar in cities of the third class shall receive five ($5.00) dollars per day, for the time actually employed in the work of registration. (1911, P. L. 1014, 1.) 125. The five ($5.00) dollars per day compensation is due registrar for the day he delivers the register and vouchers to the County Commissioners' office, but he is not entitled to mileage. (Griffin v. Crawford County, 19 D. R. 1150.) - 126. Each registrar in second class cities shall receive ten ($10.00) dollars per day for the time actually spent in registration. (1913, P. L. 977, 5.) 126-A. It shall be the duty of each assessor and assistant assessor of each township of the second class, borough and ward in a borough to keep an account of the several days by him actually employed in the performance of his duties and to make return of the same to the county commissioners verified by his oath or affirmation and for each day so employed, he shall receive the sum of five dollars. (1921, P. L. , Act No. 243, 1.) 32 ELECTIONS. Sees. 127-129 X. COUNTY RETURN BOARD, A. GENERAL. 127. At twelve o'clock on the said second day following any election, the prothonotary of the court of common pleas shall present the said returns to the said court. In counties where there is no resident president judge, the associate judges shall perform the duties imposed upon the court of common pleaa, which shall convene for said purpose; the returns presented by the prothonotary shall be opened by said court and computed by such of its officers and such sworn assistants as the court shall appoint, in the presence of the judge or judges of said court, and the returns certified and certificates of election issued under the seal of the court as is now required to be done by return judges; and the vote as so computed and certified shall be made a matter of record in said court. The sessions of the said court shall be open to the public. (1909, P. L. 425, 1.) 128. And in case the returns of any election district shall be missing when the returns are presented, or in case of complaint of a qualified elector under oath, charging palpable fraud or mistake, and particularly specifying the alleged fraud or mistake, or where fraud or mistake is apparent on the return, the court shall examine the return, and if in the judgment of the court it shall be necessary to a just return, said court shall issue summary process against the election officers and overseers, if any, of the election district complained of, to bring them forthwith into the court, with all election papers in their possession; and if palpable mistake or fraud shall be discovered, it shall, upon such hearing as may be deemed necessary to enlighten the court, be corrected by the court, and so certified; but all allegations of palpable fraud or mistake shall be decided by the said court within three (3) days after the day the returns are brought into court for computation; and the said inquiry shall be directed only to palpable fraud or mistake, and shall not be deemed a judicial adjudication to con- clude any contest now or hereafter to be provided by law; and the other of said triplicate returns shall be placed in the box and sealed up with the ballots. (1909, P. L. 425, 1 See also In Returns, 32nd Cong. Dist. 256 Pa. 342). 129. In counties where there are three or more judges of said court learned in the law, at least two judges shall sit to com- pute and certify returns, unless unavoidably prevented. If any of the said judges shall himself be a candidate for any office at any election, he shall not sit with the court, or act in counting the returns of such election, and in such cases the other judges, if any, shall act; and if in any county there shall be no judge quali- fied to hold the said court, under the provisions of this act, present and able to act, then, and in every such case, the Register of Wills, the Sheriff and the County Commissioners of the proper county shall be and constitute a board, who, or a majority of whom, shall 33 Sees. 129-133 v ELECTIONS. have and exercise all the powers and perform all the duties vested in, or required to be performed by the court of common pleas o such county, by and under the provisions of this section ; but none of the said officers shall act as a member of such board, when himself a candidate for any office at the election, the returns of which the said board is required to count under the provisions of this section. The returns required by this act to be presented by the prothonotary of the courts of common pleas of Phila- delphia and Allegheny, respectively, shall be presented to such two or more of the judges of the several courts of common pleas of said counties, respectively, as the judges of said courts, or a majority of them, may designate to perform the duty of receiving, computing and certifying said returns. When two or more counties, or parts of two or more counties, are connected for the election of any officer, the courts of such counties, or parts' of counties, comprising the district, shall each appoint a return judge, resident within such district, to meet within seven days after the day of the election of such officer, at such place as is required by law, or if no place of meeting is designated by law, at such place within such district where the returns of the election of such officer shall, by law, be directed to be filed, to compute and certify the vote of such district, and it shall be the duty of the return judges, in such case, to transmit to the person elected, as such officer's certificate of his election, within five days after the day of making up such return. All officers provided for by this act vshall be compensated as like officers are paid by existing laws. (1909, P. L. 425, 1.) B. TIE VOTES. 130. In elections for school directors, tie votes are settled in any manner determined by the candidates within twenty (20) days or the office becomes vacant and is filled by the board. In school districts of the first class, directors are appointed by the court and not elected. (1911, P. L. 309, 202 and 213.) 131. At an election if there is a tie vote for judge, the majority inspector appoints. If two inspectors receive a tie vote the majority inspector is decided by casting lots. The person so decided majority inspector appoints a judge if there be a tie for judge. (1897, P. L. 78, 1.) C. CONTESTED ELECTIONS. See also Ballots and Voting, 73 to 82 and 85 to 88. 132. The following is a partial skeleton of the law on con- tested elections. Candidates proposing to inaugurate a contest should immediately consult an attorney-at-law. (Editor.) 133. The trial and determination of contested elections of electors of President and Vice-President, Members of the General Assembly, and of all public officers, whether State, Judicial, Municipal or Local, shall be by the courts of law, or by one or 34 ELECTIONS. Sees. 133-136 more of the law judges thereof; the General Assembly shall, by general law, designate the courts and judges by whom the several classes of election contests shall be tried, and regulate the manner of trial and all matters incident thereto; but no such law assign- ing jurisdiction, or regulating its exercise, shall apply to any con- test arising out of an election held before its passage. (Const. Art. 8, 17.) 134. Classes, First Class The Governor and Lieut. Governor. Second Class All other State Officers, including Presidential electors. Third Class All Law Judges other than Supreme Court Judges. Fourth Class All county, city, borough, township, ward, school district, etc. (excepting members of General Assembly). (1874, P. L. 208, 1.) 134-A. Trial, The first class, by committee of the General Assembly CD. The second class, by the court of common pleas of Dauphin County (2). The third class, also legislators, by the court of com- mon pleas of the proper county (3). The fourth class, by the quarter sessions court of the proper county (4). (1) 1874, P. L. 208, 2 (2) 1874, P. L. 208, 3 (3) 1874, P. L. 208, 11 (3) 1874, P. L. 208, 16. 135. Petition to contest. The petition for contesting an election must be filed within thirty (30) days after such election (1), except school-directors, which must be filed within ten (10) days after election (2). (I) 1874, P. L. 208, 18 (2) 1911, P. L. 309, 223. 136. Number of Petitioners, A petition in the first class must be signed by at least one hundred (100) qualified electors who voted at the election contested (1). One in the second class, by one hundred (100) electors (2). One in the third class, by fifty (50) such electors (2). One in the fourth class, by at least twenty-five (25) of such electors (2) . School-directors, by ten (10) of such electors (3). (1) 1874, P. L. 208, 21 (2) 1874, P. L. 208, 18 (3) 191 1, P. L. 309, 223. 35 Sec. 137 ELECTIONS. 137. In a contested election case, the Supreme Court is not limited to a formal examination of the record, but may ascertain the facts from the record and correct all erroneous conclusions, judgments, or decrees based thereon. . A petition alleging fraud, mistake, or irregularity in the count- ing of ballots and praying that the ballot boxes be opened, and for a recount, is addressed to the sound discretion of the court, and the court does not abuse its discretion in ordering such ballot boxes to be opened without first requiring proof of the matters alleged. Where, after the ballot boxes of certain districts of a ward have been opened, the respondent in the proceeding prays that the ballot boxes of the remaining districts be opened, he thereby waives his right to object -to the original order. (Pfaff v. Bacon, 249 Pa. 297. See Returns, 32rd Cong. Dist., 256 Pa. 342.) 36 PRIMARIES. Sees. 138-141 PART II. XI. ELECTION DAYS AND HOURS. 138. One primary is held each year in every election district in which nominations are made for candidates of political parties, United States Senator, Representative in Congress, for all elective state, county, city, ward, borough, township, school district, and elective division or district offices, and for all other elective public offices, except that of presidential elector. Fall Primary, held in odd numbered years on the third Tuesday of September. Spring Primary, held in even numbered years on the third Tuesday of May. (1919, P. L. 836, 1.) 139. The polls shall be open between 7 A. M. and 7 P. M. (Eastern Standard Time. 1919 P. L. 282, 1-68, P. L. J. 310), and all persons licensed to sell liquors must keep their places of business closed between 6 A. M. and 8 P. M. on the day of the primary. (1913, P. L. 719, 11.) (This does not seem to be repealed by the Liquor Act of May 5, 1921, P. L. , Act No. 192, 9.) XH. ELECTION OFFICERS PRELIMINARY DUTIES. See also Election Districts and Rooms, 280 to 291. Overseers, Duties of , see (Subject) Overseers, 242 to 245. Watchers, Duties of, see (Subject) Watchers, 1246 to 254. 140. Primaries are conducted in the same manner as other elections by the regular election boards, who are sworn before entering upon their duties. See 6 to 17. (1913, P. L. 719, 11.) XIH. PEACE OFFICERS. A. GENERAL. 141. No police officer in commission, whether in uniform or in citizens' clothes, shall be within one hundred (100) feet of a polling-place during the conduct of a primary unless in the exercise of his privilege of voting or for the purpose of serving warrants, or in case of disturbance of the peace; and any police officer being so present, within one hundred (100) feet of a polling- place, during the conduct of a primary, except for the purposes specified, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine not exceeding five hundred ($500.00) dollars, or to undergo imprisonment for a term not exceeding one (1) year, or either, or both, at the discretion of the court. (1913, P. L. 719, 23.) B. CONSTABLES. Duties, see Elections, 22 to 26. 37 Sees. 142-147 PRIMARIES. XIV. QUALIFICATIONS OF VOTERS. See also 27 to 40; Registration, 292 to 344. A. GENERAL. 142. Qualifications of electors to vote at primaries shall be the same as qualifications of electors entitled to vote at elections, except that, with respect to the payment of taxes, it shall be sufficient if an elector shall have paid within two (2) years before the next succeeding election, a state or county tax which shall have been assessed at least two (2) months before the said election. In boroughs and townships taxes may be paid on or before the primary, and in cities of the second and third class on or before the last day to register. (1919, P. L. 839, 3.) B. BOROUGHS AND TOWNSHIPS. See also 142. 143. Electors desiring to vote a party ballot at the primary must enroll according to their party preference or affiliation (1), a refusal thereof will not permit them to vote for a party candidate at the primary (2). (1) 1913, P. L. 1043, 1 (2) 1919, P. L. 839, 3. 144. (Blank), Law Repealed. 145. Elector Voting on Age must have been enrolled as to his party preference or "affiliation on or before the sixty-third or sixty- second day before the primary. He must make proper affidavit to qualify himself at primary. (1913, P. L. 1043, 1, 3, 4, 5, 8; See also 27 to 51.) 145-A. A woman who is registered and subsequently marries a native born or naturalized citizen of the United States between the registration and election day may vote by making a proper affidavit; providing, she continues to reside in the election district as required by law. (Editor.) C. CITIES. See also 142; Registration, 308 to 344. 146. Electors desiring to vote a party ballot at the primary must enroll according to their party preference or affiliation (1), a refusal thereof will not permit them to vote for a party candidate at the primary (2). (1) 1913, P. L. 1043, 1 (2) 1919, P. L. 839, 3. 147. Any person whose name is on the register of second (1) and third (2) class cities shall be entitled to vote at any primary election, unless it shall be shown, to the satisfaction of the election officers, that he is no longer a resident of the election district in which he is registered. If his name is not registered he shall not be entitled to vote at any election. Before receiving 38 PRIMARIES. Sees. 147-152 his ballot every voter shall satisfy the election officers of his identity, and, if challenged, by signing his name in the place pro- vided for that purpose. (1) 1913, P. L. 977, 17 (2) 1917, P. L. 738, 6.) 147-A. A woman who is registered and subsequently marries a native born or naturalized citizen of the United States between the registration and election day may vote by making a proper affidavit ; providing, she continues to reside in the election district as required by law. (Editor.) 148. An elector desiring to Vote on Age must have been registered before the primary. See 308 to 342. XV. CHALLENGING. See also Qualifications of Voters, 147; Registration, 317,318, 336 and 337. 149. Each elector is entitled to the ballot of the party in which he is enrolled, provided that in boroughs and townships if challenged he shall make oath or affirmation that he voted for the majority of the candidates of that party at the last preceding election at which he voted. If he does not make this oath or affirmation he shall be refused the party ballot, except in cities where personal registration is required, all challenges respecting party membership must be made at the time of such registration, and in such cases the designation of the political party of the elector on the register shall be conclusive evidence of such membership at the succeeding primary or primaries. (1919, P. L. 839, 3 See also 1913, P. L. 1043, 6.) XVI. BALLOTS AND VOTING. See also 59 to 90. Crimes, see 370 to 374. Federal and State employees registered on petition and voting in second class cities, see 327. Overseers, Duties of , See (Subject) Overseers, 242 to 245. Watchers, Duties of, see (Subject) Watchers, 246 to 254. 150. Ballot Check List and Voting Check List in boroughs and townships and Registers in cities shall have a check column, and the officers and clerks keeping same shall make a check or notation of ballot as issued and deposited. (1913, P. L. 977, 7 1911, P. L. 1014, 3.) 151. Write electors name in the x Numbered Lists of Voters and make notation as to party ballot voted. (1919, P. L. 839, 4.) 152. Official party ballots shall be attached to stubs, which stubs shall be numbered consecutively from one to the highest number to be furnished the election district and bound in books of fifty (50) each. (1919, P. L. 839, 2.) 39 Sees. 153-162 PRIMARIES. 153. No official party ballot shall be taken or detached from its stub in any book of ballots, except by an election officer when a person desiring to vote has been found to be a qualified elector entitled to vote. (1919, P. L. 839, 3.) 154. Not more than one party ballot shall be removed at any one time or given to any voter, except when a voter inadver- tently spoils a ballot, and immediately returns it to the election officers for cancellation in which case he may be given another. (1919, P. L. 839, 3.) 155. (Blank), Law Repealed. 156. (Blank), Law Repealed. 157. A voter asking assistance in marking his ballot at a primary must make affidavit (in duplicate) that he cannot read the names on the ballot or that by reason of disability he is unable to mark the ballot. Assistance must not be allowed otherwise. (1913, P. L. 719, 11.) 158. The voter must make a cross (X) in the square to the right of each party candidate for whom he desires to vote. If he desires to vote for a person whose name is not on the ballot, write or paste his name in the blank space provided for that purpose. (1915, P. L..1025,1.) 159. The voter may designate his choice as is indicated by the instructions shown on the form of ballot. If he shall vote for more persons for any office than there are candidates fro be nomi- nated or elected for such office, or if for any reason it may be impossible to determine his choice for any office, his ballot shall not be counted for such office, but the rest of his ballot if properly marked shall be counted. No ballot shall be rejected for any technical error which does not render it impossible to determine the voter's choice, (1915, P. L. 1025, 1.) XVH. CLOSING THE POLLS. See also Ballots & Voting, 59 to 90, 92; Return of Votes, 172 to 174. 160. The polls close at 7 o'clock P. M. (1913, P. L. 719, 11.) 161. Before the ballot box is opened, announce the number of ballots issued to the voters of each party as shown by the stubs. Announce also the number of spoiled or cancelled ballots returned. Enter same on the General Return Sheets. (1919, P.L. 839, 4.) 162. Count the names marked in the Ballot Check List and Voting Check List as having voted. Announce the result and compare with the number of ballots issued, less any spoiled or cancelled ballots. Also compare the total with the number of names entered on the Numbered List of Voters. (1919, P. L. 839, 4.) 40 PRIMARIES. Sees. 163-171 163. Place one copy of the Numbered List of Voters on the outside of the polling place. Place one in the envelope as pro- vided to be put in ballot-box, the other in the large return en- velope. (1919, P. L. 839, 4.) 164. Open the ballot box and remove all ballots and separate them according to their respective party : First, audibly count the number cast for each party one by one and make record thereof. Second, the judge or one of the inspectors shall read aloud the names marked on the ballots, keeping the ballots of each party in sequence, and the office for which each person named is a candi- date. The clerks shall enter each name as read and keep account on triplicate tally papers for each party. No person handling ballots shall have pencil, pen, stamp, or other means of marking or spoiling a ballot in his hand. (1919, P.L. 839, 4.) 165. Keep ballots in view but out of reach of persons in the Voting Room until replaced in ballot boxes. (1919,P.L.839, 4.) 166. For various decisions as to marking ballots,see 85 to 88. 167. After the vote cast has been recorded and counted on the tally papers, certify to the number of votes cast and prepare triplicate returns for each party. Also general returns in dupli- cate. Post one general return outside the polling place. (1919, P. L. 839, 4.) 168. (Blank) Law Repealed. 169. The ballot box shall contain, All ballots cast Voting check list (boroughs and townships only.) One triplicate return sheet for each party. One set of tally papers for each party. One numbered list of voters. One oath of election officers. 1919, P. L. 839, 4. 170. When the proper election papers have been deposited in the ballot box and locked, the signatures of the judge and inspec- tors should be affixed on a strip of paper and pasted across the opening in the top or lid of the box, which should be tied securely with red tape and sealing wax freely applied (1). The judge and minority inspector shall return the box together with its contents to the place designated by the court of common pleas or by law on or before Thursday following the primary (2). (1) 1903, P. L. 217, 1 (2) 1921, P. L. , Acts No. 282, 1.) 171. Minority inspector retains for one year, One set of tally papers for each party. One triplicate return sheet for each party. One set of affidavits of electors and other persons. 1919, P. L. 839, 4. 41 Sees. 172-174 PRIMARIES. XVm. RETURN OF VOTES. A. COUNTY COMMISSIONERS. 172. The Judge shall deliver to the County Commissioners or place designated by them on or before noon of the Thursday following the primary: Seal in Wrapper, stubs of all ballots cast, together with all unused, cancelled and spoiled ballots, and Ballot Check Lists in boroughs and townships. In cities of the second and third class, Wrapper contain- ing stubs, unused, spoiled and cancelled ballots are returned to Commissioners, while Voting and Ballot Check Lists in cities of the second class (1913, P. L. 977, 17) are put in one envelope and returned to the Board of Registration Commissioners and in cities of the third class (1906, P. L. 63, 13) to the County Commissioners. One Numbered List of Voters. One General Return Sheet. One Triplicate Return Sheet for each party. One set of tally papers for each party. One oaths of election officers. One affidavits of electors and other persons. (1919, P. L. 839, 4.) 173. The general returns as soon as received from the vari- ous judges shall be open to public inspection at the office of the County Commissioners, or place designated by them. (1919, P.L. 839, 4.) 173-A. In representative congressional (1), senatorial (2), and judicial (3) districts composed of two or more counties or parts of two or more counties, return judges deposit the consolidated return with the county commissioners of the county in which they met. (1) 1921, P. L. , Act No. 216, 6 (2) 1921, P. L. , Act No. 217, 7 (3) 1921, P. L. Act No. 198, 4.) 173-B. County commissioners to certify to secretary of com- monwealth under seal, copy of return of votes given each person in congressional (1) and senatorial (2) districts; also certify copy of such return to be mailed each person as nominated in such dis- tricts. (1) 1921, P. L. , Act No. 216, 6 (2) 1921, P. L. , Act No. 217, 7. B. RETURN JUDGES. See also 107 and 107-A. 174. County commissioners appoint one of the judges of elec- tions -of such county or part of such county as a return judge to 42 PRIMARIES. Sees. 174-174-C % compute consolidated return in congressional (1), senatorial (2), and judicial (3) districts composed of two or more counties or parts of two or more counties who meet at the court house as designated in the various districts. After computing the return, same is desposited in the county commissioners office of the county in which they met. (1) 1921, P. L. , Act No. 216, 3 (2) 1921, P. L. , Act No. 217, 4 (3) 1921, P. L. , Act No. 198, 4. 174-A. Return judges meet in congressional (1) and senatorial (2) districts on the Tuesday next following the day on which the official computation of the county returns in all such counties of the district shall have been completed. In judicial districts (3) they meet on the seventh day after the primary. (1) 1921, P. L. , Act No. 216, 5 (2) 1921, P. L. , Act No. 217, 6 (3) 1921, P. L. , Act No. 198, 4. 174-B. In judicial districts composed of two or more counties or parts of two or more counties, return judges file one certified copy of the consolidated return for judges in the commissioners office of the county in which they met, also send one copy to the secretary of the commonwealth and a copy to each person nominated. (1921, P. L. , Act No. 198, 5.) 1 74-C . Representative Congressional Districts. Return judges of the following districts composed of two or more counties or parts of two or more counties meet at the court house of the respective counties. Districts Nos. Counties 8th Chester. 9th Montgomery. 14th Berks. 15th Susquehanna. 16th Tioga. 17th Northumberland. 18th Mifflin. 19th Dauphin. 21st Blair. 22nd York. 23rd Clearfield. 24th Fayette. 25th Washington. 26th Beaver. 27th Indiana. 28th Warren. 29th ; Crawford. 30th Northampton. (1921, P. L. , Act No. 216, 4.) 43 Sees. 174-D-177 PRIMARIES. 174-D. State Senatorial Districts. Return judges of the fol- lowing districts composed of two or more countires or parts of two or more counties meet at the court house of the respective counties. Districts Nos. Counties. 14th Monroe. 17th Lebanon. 23rd Bradford. 24th Lycoming. 25th Potter. 26th Clinton. 27th Northumberland. 30th Blair. 31st Perry. 33rd Franklin. 34th Clearfield. 36th Bedford. 37th Indiana. 41st Armstrong. 46th Washington. 47th Beaver. 48th Venango. 50th Crawford. (1921, P. L. , Act No. 217, 5.) XIX. PAY OF ELECTION OFFICERS. 175. The compensation for election officers and clerks serving at primaries are the same as for such services at elections. See 116 to 123. (1913, P. L. 719, 11.) XX. COUNTY RETURN BOARD. A. GENERAL. 176. The County Commissioners or Return Board shall not compute any returns from any election district until the ballot boxes have been returned to the place as designated by the court of common pleas or by law, and package of stubs, unused ballots, etc., have been returned to the commissioners or place designated by them. (1921, P. L. , Act No. 282, 1.) 177. The County Commissioners shall at noon on Friday following the day of the primary, publicly commence the compu- tation and canvassing of the returns, and continue the same from day to day until completed in the manner hereinafter provided, except that, if any of the county commissioners of any county shall be a candidate for any nomination at any primary, he shall not act as a member of the Return Board for computing or can- vassing any returns of such primary, but the other two commis- sioners, if both are qualified, shall act, and in case in any county there are not at least two commissioners so qualified, two judges 44 PRIMARIES. Sees. 177-180 of the court of common pleas of such county shall be designated by said court to act as a Return Board, provided that neither of them are candidates for any . nomination at such primary [either on a party or a non-partisan ballot] ; and if there shall be only one judge of such court in such county or if less than two judges are qualified and able to act in such county, any judge who is qualified may act alone, and if there be none qualified, the prothonotary of such county shall act as the Return Board. The words in brackets are repealed by implication May 10, 1921, P. L. , Act No. 198. (1921, P. L. Act No. 282, 1.) 178. All persons assisting in the official computation and canvassing of the votes shall be sworn. (1921, P. L. , Act No. 282, 1.) 179. The County Commissioners shall provide a convenient public place for holding the sessions of the return board, whoever may compose it as aforesaid, with adequate accommodations for the authorized representatives of each party and candidate con- cerned in any such primary, not exceeding two such repre- sentatives for each of them at any one time, to attend and to keep or check up their own computations of the votes cast in the several election districts as the returns from the same are read as hereinafter directed; and the county commissioners shall give at least one week's previous notice by advertising once in at least two newspapers of a large paid circulation, published at the county-seat, of the time aforesaid and place when and where such return board will commence and hold its sessions, and keep copies 6f such advertisement posted in their office during said period. (1921, P. L. , Act No. 282, 1.) B. TIE VOTES. 180. In case of a tie at a primary election, the candidates receiving the tie vote shall cast lots before the County Com- missioners or the Secretary of the Commonwealth, as the case may be, on the third Friday after the primary, and the one to whom the lot shall fall shall be entitled to the nomination or election: Provided, however, That in any case where the fact of a tie vote is not authoritatively determined until after the third Wednesday after the primary, the day for casting lots shall be the second day after the fact of such tie vote is authoritatively determined. If any candidates receiving a tie vote fail to appear before twelve o'clock noon on said day, the County Com- missioners or the Secretary of the Commonwealth, as the case may be, shall cast lots for him or them. For the purpose of cast- ing lots any candidate may appear in person, or by proxy appointed in writing. (1913, P. L. 719, 17.) 45 Sees. 181-182 PRIMARIES. C. CONTESTED ELECTIONS. See also Ballots and Voting, 85, 86 and 87. 181. Court of common pleas to Open Ballot-Boxes and Re- count Vote at Request of Three Qualified Electors who allege Fraud or Error Correction of Returns in Cases of Error or Fraud. Upon petition and the sworn affidavit of three qualified electors of any election precinct, division, or district of any county that, upon information which they consider reliable, they believe an act of fraud or error, although not manifest upon the general return of votes made therefrom, has been committed therein, the court of common pleas may at any time prior to the completion of the com- putation and canvassing of all the returns for the county, open the ballot-box of such election district, and cause the entire vote thereof to be recounted in manner aforesaid, and if the court dis- cover any fraud or material error, it shall correct, compute and certify the votes of such election district justly, regardless of any fraudulent or erroneous returns made by the election officers thereof, and correct any entries previously made in the papers being prepared by the return board accordingly. (See Brad- dock's Election Case, 251 Pa. 110). (1921, P. L. , Act No. 420, 1.) 182. Persons aggrieved by Decision of Return Board may Petition Court Court on Appeal to Hear and Determine all Matters Pertaining to Fraud How Contests of Primaries shall be Conducted Payment of Fees and Costs. Any person aggrieved by any order or decision of any return board, not consisting of a judge or judges of the court of common pleas, regarding the computation or canvassing of the returns. may appeal therefrom, within two days thereafter, to the court of common pleas of the proper county, setting forth why he feels that an injustice has been done, and praying for such order as will give him relief, and, upon the payment to the prothonotary of a fee of three ($3.00) dollars for filing such appeal, a judge of the said court shall fix a time and place for hearing the matter in dispute within three days thereafter, of which due notice shall be served, with a copy of said appeal, by the appellant upon one of the return board whose action is com- plained of, and upon every attorney who opposed the con- tention of the appellant before such return board, and upon any other person that said judge shall direct, at least two days before said matter shall be reviewed by the court, and proof of such notice or the waiver thereof must be filed therein before any appeal is sustained. The court on such appeal and upon the opening of any ballot box shall have full power and authority to hear and determine all matters pertaining to any fraud or error committed in any election district to which such appeal or petition to open the ballot box relates, and to make such decree as right and justice may require, and, pending such 46 PRIMARIES. Sees. 182-183-B appeal, or the opening of any ballot box the return board shall suspend any official certification of the votes cast in such election district, but none of the orders or decisions of either the return board or any judge or judges acting as a return board or the court of common pleas on any appeal, or the opening of any ballot box shall be deemed a final adjudication regarding the results of any primary election so as to preclude any contest thereof. Con- tests of primaries shall originate and be conducted as in cases of elec- tions. No appeal shall be allowed from any decision of any judge or judges acting as a return board or from any order or decree of the court of common pleas made in pursuance of this section ; and the said court may compel the appellant or any opposing party other than the commissioners or prothonotary, to pay all the witness fees, if any, and other legal costs of rehearing any matter in dis- pute, which costs may be taxed by the prothonotary in the usual manner. (1921, P. L. , Act No. 420, 1.) 183. Where two candidates at a primary election each pre- sented to the court petitions for a recount of the ballots on account of alleged frauds in certain named election precincts, and, after the recount of the county commissioners, the court upon an appeal, by one of the candidates, from the recount of the county commissioners inquired only into the frauds alleged in the dis- tricts covered by the petition of the appellant, and threw out sufficient votes to give the appellant the nomination, the candidate returned by the county commissioners as nominated had no standing to urge that the court should continue the inquiry so as to include an investigation into the precincts covered by the petition, which he had originally filed in the court, where he failed to appeal from the recount of the county commissioners within the time prescribed by the statute. (Phillips Appeal, 262 Pa. 396.) 183-A. The Primary Act of July 12, 1913, P. L. 719, 15 as amended July 9, 1919, P. L. 852 does not authorize the commis- sioners in computing the vote cast at a primary election, or the court on appeal from their action, to determine the qualifications of those who actually voted, or to exclude a poll because of defects in the election machinery. Only such matters can be considered on a contest of the election, which "shall originate and be con- ducted as in cases of general elections." (Twenty-eighth Congres- sional District Nomination, 268 Pa. 313.) 183-B. The Court of Quarter Sessions has no jurisdiction to entertain a petition to contest the nomination of a candidate for Congress at a primary election. (Ransley's Contested Election, 268 Pa. 303.) 47 Sees. 184-191 ELECTION OFFICERS' DUTIES. PART m. XXI. CLERKS. See also Crimes, 370 to 374; Elections, 1 to 123; Primaries, 138 to 175. 184. If any clerk shall neglect or refuse to take upon himself the duties of such office, he shall forfeit and pay the sum of fifty ($50.00) dollars, or having entered upon the same, shall after- wards neglect or refuse to perform the duties thereof according to law, he shall forfeit and pay the sum of one hundred ($100.00) dollars for every such offense. (1839, P. L. 519, 100.) 185. If any clerk of an election shall presume to act in such capacity before taking and subscribing the oath required by this act, he shall, on conviction be fined in any sum not less than fifty ($50.00) dollars, nor more than two hundred ($200.00) dollars. (1839, P. L. 519, 101.) 186. If any judge or minority inspector refuses or fails to swear the officers of election in the manner required by this act, or if any officer of election shall act without being first duly sworn, or if any officer of election shall sign the form of oath without being duly sworn, or if any judge or minority inspector shall certify that any officer was sworn when he was not, it shall be deemed a misdemeanor, and, upon conviction, the officer or officers so offending shall be fined not exceeding one thousand ($1000.00) dollars, or imprisoned not exceeding one (1) year or both, in the discretion of the court. (1874, P.L. 31, 9.) 187. Take and subscribe to the oath of office. (1839, P. L. 519, 21 and 22, also 1874, P. L. 31, 9.) 188. The election officer in charge of the Voting Check List shall insert the letter "V" in the space provided for that purpose when the elector deposits his ballot. The election officer in charge of the ballots shall announce the names of all persons offering to vote and detach and deliver to a voter a ballot when entitled to one. (1893, P. L. 419, 21.) 189. Make two copies of each oath or affirmation, subscribed by inspectors, judge and clerks, and certify to the same. (1839, P. L. 519, 19, 20, 21 and 22, also 1874, P. L. 31, 9.) 190. At elections, clerks shall keep two numbered lists of voters (1839, P. L. 519, 19, 20, 21 and 22, also 1874, P. L. 31, 9) and at primaries, three such lists (1919, P. L. 839, 4.) 191. Each clerk shall record each vote on the tally papers as read by the judge. (Elections: 1903, P. L. 338, 5 Primary 1919, P. L. 839, 4.) 48 ELECTION OFFICERS' DUTIES. Sees. 192-198 192. Assist the election officers in the general duties of holding the election, making up package of stubs and unused ballots, and other sealed and unsealed packages required by law, counting the vote, announcing and posting the result, sealing the returns, and preparing and sealing the ballot box. To be thoroughly competent, clerks should carefully study the duties of all election officers. (Editor.) XXH. INSPECTORS. See also (Subjects) Crimes, 370 to 374; Elections, 1 to 123 and 131; Incompatible Offices, 345 to 369-D; Primaries, 138 to 183. 193. A judge and two inspectors shall compose the regular Election Board. They shall be chosen biennially in odd numbered years by the citizens. Each voter may vote for a judge and one inspector only. Each inspector shall appoint one clerk. (Const. Art. 8, 14.) 194. The two persons having the greatest number of votes for inspectors shall in like manner be declared to be elected. (1839, P. L. 519, 4.) 195. At an election if there is a tie vote for judge, the majority inspector appoints. If two inspectors receive a tie vote the majority inspector is decided by casting lots. The person so decided majority inspector appoints a judge if there be a tie for judge. (1897, P. L. 78, 1.) 196. Vacancies occurring in the office of judge or inspector previous to election may be filled by the Judge of the Court of Quarter Sessions upon petition and proof of vacancy. (1921, P. L. , Act No. 268, 1.) 196-A. Polling places in which new townships, boroughs or election districts are erected, the Court of Quarter Sessions appoints the officers for holding the first election. (1854, P. L. 419, 2, and 1855, P. L. 5, 1.) 197. The judge or inspector who without good cause fails or neglects to attend at the time of opening the polls shall in every such case forfeit the sum of twenty ($20.00) dollars. (1839, P. L. 519, 99.) 198. If any inspector, judge or clerk shall neglect or refuse to take upon himself the duties of such office, he shall forfeit and pay the sum of fifty ($50.00) dollars, or having entered upon the same shall afterwards neglect or refuse to perform the duties thereof according to law, he shall forfeit and pay the sum of one hundred ($100.00) dollars for every such offense. (1839, P. L. 519, 100.) 49 Sees. 199-209 ELECTION OFFICERS' DUTIES. 199. If any inspector, judge or clerk of an election shall pre- sume to act in such capacity before taking and subscribing the oath required by this act, he shall on conviction, be fined in any sum not less than fifty ($50.00) dollars, nor more than two hundred ($200.00) dollars. (1839, P. L. 519, 101.) 200. If any judge or minority inspector refuses or fails to swear the officers of election in the manner required by this act, or if any officer of election shall act without being first duly sworn, or if any officer of election shall sign the form of oath without being duly sworn, or if any judge or minority inspector shall certify that any officer was sworn when he was not, it shall be deemed a misdemeanor, and, upon conviction, the officer or officers so offending shall be fined not exceeding one thousand ($1000.00) dollars, or imprisoned not exceeding one year or both, in the dis- cretion of the court. (1874, P. L. 31, 9.) 201. When the judge shall not attend, the majority inspector shall appoint a judge in his place. When the minority inspector shall not attend, the person who received the next highest number of votes for judge shall act in his stead. (1839, P. L. 519, 16.) 202. When the majority inspector shall not attend the judge shall appoint an inspector in his place. (1839, P. L. 519, 16.) 203. When a clerk shall not attend, the inspector who appointed him, or the inspector acting in his place, shall appoint a clerk to fill the vacancy. (1839, P. L. 519, 17.) 204. The minority inspector shall swear or affirm the judge of election. (1839, P. L. 519, 20 and 22, also 1874, P. L. 31, 9.) 205. Both inspectors shall be sworn or affirmed by the judge. (1839, P. L. 519, 19 and 22, also 1874, P. L. 31, 9.) 206. Decide upon the qualifications of electors. (1839, P. L. 519, 6; See also 49 Pa. Super. Ct. 592 and 600.) 207. One inspector shall have charge of the ballot box; (1), the other inspector shall have charge of one of the Check Lists (2). (1) (2) 1874, P. L. 31, 8. 208. The election officer in charge of the Ballot Check List shall call out the name of the person offering to vote, if registered, and mark the letter "B" against his name in the space provided for that purpose when the voter received his ballot. (1893, P. L. 419, 21.) 209. The inspector in charge of the ballot box shall announce the name of the person voting, and require voter to deposit his ballot in the box. (1839, P. L. 519, 70, also 1919, P. L. 829, 1.) 50 ELECTION OFFICERS' DUTIES. Sees. 210-219 210. Shall add, or cause to be added to both Check Lists, name of electors not registered, when they shall have established their right to vote, in boroughs and townships only (1). In cities, names cannot be added. (2). (1) 1893, P. L. 419, 21 (2) 1913, P. L. 977, 17.) 211. May administer oaths to, and examine persons claiming the right to vote. See (Subjects) Challenging 54 to 58; Quali- fications of Voters, 27 to 51. (1840, P. L. 683, 14.) 212. After the polls are closed, count and announce the number of names checked on the Voting Check List. (1903, P. L. 338, 5.) 213. Open the ballot box and count and announce the num- ber of ballots cast. (Elections, 1903, P. L. 338, 5.) 214. Inspect the counting of the votes by the judge and clerks. Inspectors shall not have in their hand any pen, pencil, or stamp for marking while counting ballots. (Elections, 1903, P. L. 338, 5 Primary, 1919, P. L. 839, 4.) 215. At Elections, minority inspector shall retain in his possession, one of the complete triplicate return sheets in a sealed envelope. (1909, P. L. 425, 1.) 216. At Primaries, minority inspector retains for one year, One set of tally papers for each party. One triplicate return sheet for each party. One set of affidavits of electors and other persons. (1921, P. L. , Act No. 282, 1.) 217. At Elections, minority inspector and the judge shall deliver the ballot box to the place designated for its safe keeping, and if no place has been so designated by the court of common pleas, then to the nearest justice of the peace or alderman. (1909, P. L. 425, 1.) 218. At Primaries, note on the General Return Sheets in duplicate, the number of ballots issued to the voters of each party and the number cast for each party, and the number declared void including any blank ballots cast also votes for each candidate on each part ticket. Deliver ballot box to the place designated by the court of common pleas or by law. (1921, P. L. , Act No. 282, 1.) XXIH. JUDGE OF ELECTION. See also (Subjects) Crimes, i370 to 374; Elections, 1 to 123 and 131; Incompatible Offices, 345 to 369-D; Primaries, 138 to 183. 219. A judge and two inspectors shall compose the regular Election Board. They shall be chosen biennially in odd numbered years by the citizens. (Const. Art. 8, 14.) 51 Sees. 220-226 ELECTION OFFICERS' DUTIES. 220. At an election if there is a tie vote for judge, the majority inspector appoints. If two inspectors receive a tie vote the majority inspector is decided by casting lots. The person so decided majority inspector appoints a judge if there be a tie for Judge. (1897, P. L. 78, 1.) 220-A. Polling places in which new townships, boroughs, or election districts are erected, the Court of Quarter Sessions appoints the officers for holding the first election. (1854, P. L. 419, 2 and 1855, P. L. 5, 1.) 221. Vacancies occurring in the office of judge or inspector previous to election may be filled by the judge of the Court of Quarter Sessions upon petition and proper proof of the vacancy. (1921, P. L. , Act No. 268, 1.) 222. The judge or inspector who without good cause fails or neglects to attend at the time of opening the polls shall in every such case forfeit the sum of twenty ($20.00) dollars. (1839, P. L. 519, 99.) 223. If any inspector, judge or clerk shall neglect or refuse to take upon himself the duties of such office, he shall forfeit and pay the sum of fifty ($50.00) dollars, or having entered upon the same, shall afterwards neglect or refuse to perform the duties thereof according to law, he shall forfeit and pay the sum of one hundred ($100.00) dollars for every such offense. (1839, P. L. 519, 100.) 224. If any inspector, judge or clerk of an election shall pre- sume to act in such capacity before taking and subscribing the oath required by this act, he shall, on conviction, be fined in any sum not less than fifty ($50.00) dollars, nor more than two hundred ($200.00) dollars. (1839, P. L. 519, 101.) 225. If any judge or minority inspector refuses or fails to swear the officers of election in the manner required by this act, or if any officer of election shall act without being first duly sworn, or if any officer of election shall sign the form of oath without being duly sworn, or if any judge or minority inspector shall certify that any officer was sworn when he was not, it shall be deemed a misdemeanor, and, upon conviction, the officer or officers so offending shall be fined not exceeding one thousand ($1000.00) dollars, or imprisoned not exceeding one year or both, in the dis- cretion of the court. (1874, P. L. 31, 9.) 226. Receive package containing ballots, specimen ballots, cards of instruction, penalties and other necessary papers, etc., from the county commissioners and receipt to them for same. The county commissioners may deliver the package containing the ballots, etc., to the judges or require the judges to call on the day before the election to receive same. In any case the judge must exhibit to the county commissioners his certificate of -elec- tion before receiving the package. (Elections, 1893, P. L. 419, 17 Primaries, 1919, P. L. 839, 2.) 52 ELECTION OFFICERS' DUTIES. Sees. 227-239 227. Appoint an inspector to act in his place when prevented by illness from performing his duties as aforesaid. In this case the inspector should exhibit to the county commis- sioners his appointment in writing, together with his certificate of election as inspector and the certificate of the election of the judge. Keep said package sealed until opened in the presence of the election board. (1893, P. L. 419, 17.) 228. Publicly open package containing ballots, cards of instruction, etc. (1893, P. L. 419, 20.) 229. Replace ballots when original are not delivered, lost or stolen. (1893, P. L. 419, 18.) 230. Be sworn or affirmed by the minority inspector, or in his absence by a justice of the peace or alderman. (1839, P. L. 519, |20 and 22, also 1874, P. L. 31, 9.) 231. Appoint majority inspector if one elected to office fails to attend, also see that all clerks are duly appointed and if any vacancies exist one hour after poll opens, elect necessary qualified electors from those present to fill such vacancies. (1839, P. L. 519, 16.) 232. Swear or affirm inspectors, overseers and clerks. (1839, P. L. 519, 19, 21 and 22, also 1874, P. L. 31, 9.) 233. Make and attest certificates of oaths which shall be signed by persons so sworn. (1839, P. L/519, 19, 21 and 22, also 1874, P. L. 31, 9.) 234. Assign duties and positions of election officers (see dia- gram of election room p. 5). The arrangement of the inspectors and clerks shown in the diagram of voting room is not mandatory, but is recommended, so that the officers and clerks of different political parties may be a check on each other, and to comply with the general election law. (Editor.) 235. Decide questions when the inspectors disagree as to an elector's right to vote, and for this purpose may examine under oath persons claiming such right. (1839, P. L. 519, 6, see also 47 Pa. Super. Ct. 592 and 600.) 236. Write or stamp the word " Voted" on the certificate of naturalization with the day, month, and year and the name of the person voting on naturalization papers. (1874, P. L. 31, 11.) 237. Permit elector to have assistance in the preparation of his ballot. (1903, P. L. 338, 6.) 238. At primary elections elector is required to make affidavit of his disability before being allowed assistance. (1913, P. L. 719, 11, paragraph 3.) 239. Transmit all ballots unlawfully obtained to the district attorney with information concerning them. (1903, P. L. 338, 4-) 53 Sees. 240-248 ELECTION OFFICERS' DUTIES. 240, Require peace officers to perform their duties. See 18 to 26 and 141. (1839, P. L. 519, 111, 112 and 113.) 240A. The minority inspector and the judge shall deliver the ballot box to the place designated for its safe keeping, and if no place has been so designated by the Court of Common Pleas, then to the nearest justice of the peace or alderman. (1909, P. L. 425, 1.) 241. At primaries, ballot box is delivered to County Com- missioners or place designated by them. (1919, P. L. 839, 4.) XXIV. OVERSEERS OF ELECTIONS. See also Crimes, 370 to 374; Elections, 1 to 123; Primaries, 138 to 183. 242. Upon the petition of five or more citizens of an election district, the Court of Common Pleas shall appoint two electors of different political parties to act as overseers of the election (1) and primary (2). (1) 1874, P. L. 31, 4 (2) 1913, P. L. 719, 20. 243. Overseers are sworn by the Judge of Election. (1874, P. L. 31, 9.) 244. Privileges of Overseers at Elections (1) or Primaries (2) ; may be present with the election officers during the whole time the election is held, the votes counted and the returns made out and signed by the election officers. May keep a list of voters. Election officers are forbidden to interfere with the duties of overseers, under a penalty of fine and imprisonment. (1) 1874, P. L. 31, 4 (2) 1913, P. L. 719, 20. 245. Overseers may challenge in boroughs and townships any person offering to vote, interrogate him and his witnesses under oath and examine his papers (1). In cities of the second (2) and third (3) class, if elector is challenged he shall sign his name in the register at the place provided for that purpose. If his name is not registered he shall not be entitled to vote. (1) 1874, P. L. 31, 4 (2) 1913, P. L. 977, 17 (3) 1907, P. L. 251, 5. XXV. WATCHERS. See also Crimes, 370 to 374; Elections 1 to 123; Primaries, 138 to 183. 246. Each political party on the ballot at an election may appoint three electors to act as watchers. (1903, P. L. 213, 1.) 247. Each watcher shall have a certificate of appointment from the County Commissioners. (Elections, 1903, P, L. 213, 1 ; Primaries, 1913, P.L. 719, 21.) 248. Only one watcher of each party or policy may be in the voting room at one time, while the election is in progress. (1903, P. L. 213, 1.) 54 ELECTION OFFICERS' DUTIES. Sees. 249-254 249. Shall be required to show certificates when requested t do so by election officers. (1903, P. L. 213, 1.) 250. May keep poll books. (1893, P. L. 419, 24.) 251. All watchers may remain in the voting room outside the guard rail while the vote is being counted. (1903, P. L. 338, 5.) 252. At the Primary each candidate may appoint two watch- ers. (1913, P. L. 719, 21.) 253. (Blank), Law Repealed. 254. Each political party who is entitled to have watchers at the general election may appoint not more than three watchers for each place of registration in cities of the second (1) and third (2) class. No more than one watcher from each party to be present at any one time. Watchers shall be entitled to be present at each registration day. Certificate to be furnished by county commissioners. Watchers shall have power to challenge. (1) 1913, P. L. 977, 11 (2) 1906, P. L. 63, 8. f>5 Sees. 255-261 COUNTY OFFICERS' DUTIES. PART IV. XXVI. CLERK OF QUARTER SESSIONS. See also (Subjects) Candidates Expenses, 469 to 490; Re- turn of Votes, 113 to 115. 255. Certificate of election for school directors where such officers are elected shall be made by the clerk or prothonotary within ten (10) days after the result of such election is ascer- tained and a copy sent to the president of the school board. (1911, P. L. 309, 222.) XXVII. COUNTY COMMISSIONERS. See also (Subjects) Candidates, 375 to 468; Election Districts and Rooms, 280 to 291 ; Elections, 1 to 137; Incompatible Offices, 345 to 369-D; Primaries, 138 to 183; Registration, 292 to 344. A. PRIMARIES. 256. Petitions of candidates for county, borough, township and ward offices must be filed at least four (4) weeks prior to the primary. (1919, P. L. 839, 1.) Refuse to receive petitions when found manifestly defective. (1913, P. L. 719, 8.) 257. (Blank), Law Repealed. 258. County Commissioners furnish to each election district one book of fifty (50) official ballots of each party for every forty (40) and fraction of forty votes cast within the election district for the candidate of the particular party who received the largest vote cast for any candidate of such party at any of the last three preceding general or municipal elections. (1919, P. L. 839, 2.) 259. No additional ballots shall be furnished any party in any election district, unless the number of electors registered and enrolled of any particular party in any election district shall exceed the largest vote aforesaid, in which case the county com- missioners shall furnish ballots for said party in the ratio afore- said, upon the basis of such enrollment or registration. (1919, P. L. 839, 2.) 260. Print ballots, specimen ballots, cards of instruction, penalties, stationery, etc., and deliver package containing same to each judge of election on the Saturday or Monday before the primary. They may notify the judges, if they prefer, to call at their office the day before election to receive and receipt for the package. (1919, P. L. 839, 2.) 261. Keep a record of the number of ballots printed and for- ward to each election district as well as the number of stubs, unused, spoiled and cancelled ballots, subsequently returned therefrom. (1919, P. L. 839, 2.) 56 COUNTY OFFICERS' DUTIES. Sees. 262-270 262. Provide for each election district in boroughs and town- ships, two copies of the assessor's lists or registers, i. e., The Ballot Check List and the Voting Check List (1) and in third class cities, two registers to be used in place of the above named books (2), and in second class cities (3) see that registers are delivered to each polling place on election days. The above Ballot Check Lists and Voting Check Lists as well as the Registers shall have separate columns for party ballots. (1) 1919, P. L. 839, 2 (2) 1906, P. L. 63, 13 (3) 1921, P. L. , Act No. 121, 1.) B. ELECTIONS. 263. Receive nomination papers for county, city and ward, borough, township offices, school directors and election officers which shall be filed at least twenty-eight (28) days before the election. In reckoning time as above, exclude the day of filing but count election day. (1919, P. L. 832, 1.) 264. Examine and refuse to file nomination papers when found manifestly defective. (1919, P. L. 832, 2.) 265. Permit parties who have filed nomination papers for election to amend them at any time before ballot? are printed. (1919, P. L. 832, 2.) 266. Candidates wishing to withdraw their names may do so by filing their request with the commissioners at least twenty- five (25) days previous to the election. (1919, P. L. 832, 3.) 266-A. Increasing indebtedness of various municipalities. Ballot to be used at an election to ascertain whether the indebted- ness of a municipality shall be increased must be an official ballot furnished by the County Commissioners and in the form pre- scribed by the Act of April 29, 1903, P. L. 338, 2. (168 Pa. 578; 224 Pa. 425; 231 Pa. 461; 52 P. L. J. 178.) 267. Commissioners to transmit to sheriff at least ten (10) days before any general election, lists of candidates nominated by nomination papers filed in their office. (1903, P. L. 338, 1.) 268. Mistakes in publication of names on ballots shall be corrected when required to do so by Common Pleas Court or any Judge thereof. (1893, P. L. 419, 15.) 269. Keep nomination papers for two years after filing for inspection. (1893, P. L. 419, 8.) 269-A Commissioners to cause ballots to be printed. They shall ascertain the offices to be filled, and be responsible for accu- rate printing of ballots and safe keeping thereof while in their pos session. (1893, P. L. 419, 13 ; 29 D. R. 946.) 270. Print ballots, specimen ballots, cards of instruction, penalties, stationery, etc., and deliver package containing same to each judge of election on Saturday or Monday before election. 57 Sees. 270-275 COUNTY OFFICERS' DUTIES. They may notify the judges, if they prefer to call at their office the day before election to receive and receipt for the package. (1893, P. L. 419, 17. 1921, P. L. , Act No. 400, 1.) 271. Keep a record of the number of ballots printed and furnished to each voting place. (1893, P. L. 419, 15.) 272. Provide for each election district in boroughs and town- ships, two copies of the assessor's list of voters arranged alpha- betically, viz: The /'Ballot Check List" and the "Voting Check List" (1), and in third class cities, two registers to be used in place of the above named books (2). In second and third class cities see that registers are delivered to each polling place on election days. (1) 1921, P. L. , Act No. 400, 1, also 1921, P. L. , Act No.121, 1. (2) 1906, P. L. 63, 13.) XXVHI. PROTHONOTARY. See also (Subject) Return of Votes, 112 & 113-B. 273. Duties in presenting the returns of elections to the common pleas courts, see 127 to 131. 274. Certificate of election for school directors where such officers are elected shall be made by the clerk or prothonotary within ten (10) days after the result of such election is ascer- tained and a copy sent to the President of the School Board. (1911, P. L. 309, 222.) XXIX. SHERIFFS. 275. Proclamation to be issued by sheriff. It shall be the duty of the sheriff of every county, at least ten (10) days before any general election to be held therein, except borough and town- ship elections, to give notice of the same by advertisements in at least three newspapers, if there be so many published in the county, two of said newspapers representing so far as practicable the political party which at the preceding November election cast the largest number of votes, and the other one of said newspapers representing so far as practicable the political party which at the preceding November election cast the next largest number of votes, and in addition thereto the sheriff of every county shall, at least ten (10) days before any general elec- tion to be held in cities of the first, second, and third classes, give notice of the same by proclamation posted up in the most con- spicuous places in every election district in said cities of the first, second and third classes and in every such advertisement or proclamation. I. Enumerate the officers to be elected and give a list of all the nominations made as provided in this act and to be voted for in such county, and the full text of all constitutional amendments submitted to a vote of the people, but the proclamation posted in each election district need not contain the names of any candidates but those to be voted for in such district. 58 COUNTY OFFICERS' DUTIES. Sees. 275-279 II. Designate the place at which the election is to be held. (1895, P. L. 392, 1.) 276. In contracting for the publication of the election pro- clamation, the sheriff acts as the agent of the public, and the coujnty is directly liable to the publishers for the advertising expenses this incurred. If the sheriff exceeds his authority, the county is not liable, but the limits of his authority so far as the selection of the newspapers is concerned, are prescribed by the statute and cannot be narrowed or enlarged by any action of the county commissioners. (Graham v. Schuylkill County, 16 Pa. Superior Ct. 180.) 277. He shall give notice that every person, excepting justices of the peace, who shall hold any office or appointment of profit or trust under the government of the United States, or of this State, or of any city or incorporated district, whether a commis- sioned officer or otherwise, a. subordinate officer or agent who is or shall be employed under the Legislative, Executive or Judiciary Department of this State, or of the United States, or of any city or incorporated district, and also that every member of Congress and of the State Legislature, and of the select or common council of any city, or commissioners of any incorporated district, is, by law, incapable of holding or exercising at the same time the office or appointment of judge, inspector or clerk of any election of this Commonwealth, and that no inspector, judge or other officer of any such election shall be eligible to any office to be then voted for except that of an election officer. (1895, P. L. 392, 1.) 278. It shall be the duty of the sheriff of every county in this Commonwealth to give notice of the general election by publica- tion of the same once a week in not more than four (4) weekly or daily newspapers, published in the county, one of said news- papers to be published in the German language in counties where such newspaper is published, the first insertion to be at least twenty (20) days before the time such election is to be held; in counties of the Commonwealth where no newspapers are pub- lished, the sheriff of any such county shall give notice of such general election by posters, to be posted in at least three (3) pub- lic places in each election district and at the place where such election is to be held. (1885, P. L. 144, Act No. 112, 1.) See also publication of legal notices, 1917, P. L. 49. 279. The act of June 23, 1885 providing for the advertise- ment of general elections "in not more than four (4) weekly or daily newspapers published in the county," is not repealed by the tenth section of the act of June 10, 1893, P. L. 419, as amended by the act of June 26, 1895, P. L. 392, which provides for the advertisement "in at least three (3) newspapers." The two acts may well stand together and each supply what is lacking in the other, namely, the maximum number of publications in the act of 1885, and the minimum number in the act of 1895. (York Gazette Company, Limited v. York County, 25 Pa. Superior Ct. 517.) 59 Sees. 280-285 GENERAL INFORMATION. PART V. XXX. ELECTION DISTRICTS AND ROOMS. See also Ballots and Voting; 59 to 90 and 150 to 159; Regis- tration, 292 to 344. 280. The Court of Quarter Sessions determines the territory and bounds of election districts. (Const. Art. 8, 11.) 281. The Court of Quarter Sessions also has jurisdiction to fix polling place in following cases : Division of a district, April 20, 1854, P. L. 419, 2; Jan. 31, 1855, P. L. 5, 1. Consolidation of districts, June 26, 1895, P. L. 377. Annexation to a city, April 21, 1911, P. L. 80. ' Costs for the division or creation of an election district are paid by the county. March 18, 1875, P. L. 29. 281-A. Polling places in which new townships, boroughs, or election districts are erected, the Court of Quarter Sessions appoints the officers for holding the first election. (1854, P. L. 419, 2 ; 1855, P.L.5, 1.) 282. When two or more adjoining election districts are con* solidated by the Court of Quarter Sessions, the court shall appoint the election officers and fix the place of holding the first election in said district. (1895, P. L. 377, 2.) 283. Court of Common Pleas upon petition of five (5) elec- tors may change polling place owing to fire, impossibility to obtain room, or any other unavoidable cause, if the election cannot be held in the district at the place designated by the sheriff's pro- clamation. Change not to be made within less than three (3) days unless in case of fire. (1883, P. L. 124, 1.) 284. Governor may change polling place where there is a malignant disease. (1839, P. L. 519, 94.) 284-A. Court of Quarter Sessions upon petition of at least ten (10) electors may change polling place upon proper notice to County Commissioners, or election may be held to settle question. (1893, P. L. 106, [Act No. 158], 1 See also In Re Change of Polling Place, 34 York, 13.) 284-B. Court of Quarter Sessions may establish, divide or alter election districts in townships of the first class. (1921, P. L. , Act No. 106, 1.) 285. County Commissioners have power to change polling places in townships upon petition of at least ten (10) qualified electors and at least three (3) weeks prior to any election. (1919, P. L. 769, 1.) See In Re Change of Polling Place, 34 York, 13. 60 GENERAL INFORMATION. SeCS. 286-294 286. County Commissioners may abolish election districts in which less than ten (10) qualified electors reside. (1919, P. L. 805, Act No. 332, 1.) 287. Electors of each district select room as polling place upon petition of ten or more electors to Court of Quarter Sessions (1). County Commissioners enter into an agreement with the owners of such rooms for payment of rental. Where a building must be erected commissioners pay ground rent. Commissioners equip each polling place with necessary booths, tables, chairs, etc. (2) (1) See 280, 281; (2) 1893, P. L. 419, 19, 158 Pa. 65; 248 Pa. 208; 40 P. L. J. (O. S.) 150. 288. The provisions of this section relating to the arrange- ment of the rooms in which elections are held is mandatory. (Cramer's Election Case, 248 Pa. 208.) 289. The Sheriff's proclamation of general elections must designate the place at which the election is to be held. (1895, P. L.392, 1.) 290. County Commissioners must see that all polling places are open and in proper order for the use of registrars on all regis- tration days. (1921, P. L. , Act No. 1211911, P. U 1014, 7.) 291. Owners or lessees of any room or rooms provided by the County Commissioners for the use of registrars in third class cities shall receive ten ($10.00) dollars per day for each day such room is so used, which shall be paid by the county. (1919 r P. L. 117,51.) XXXI. REGISTRATION. See also Election Districts and Rooms, 280 to 291; Qualifica- tions of Voters, 27 to 51. A. BOROUGHS AND TOWNSHIPS. 292. All laws regulating the registration of electors shall be uniform throughout the State, but laws regulating and requiring the registration of electors may be enacted to apply to cities only : Provided, That such laws be uniform for cities of the same class. (Const. Art. 8, 7.) 293. Duties of Registry Assessors/ Personally visit every dwelling house in his district on the first Monday of May in each year, or as soon thereafter as possible. 294. Make an original list in a book furnished by the County Commissioners, grouping electors by houses, streets, alleys or courts. Ascertain on what grounds electors claim the right to vote. Enter on said list the names of all citizens twenty-one (21) years of age and upwards claiming the right to vote. (1891, P. L. 134, 1.) 61 Sees. 295-300 GENERAL INFORMATION. 295. Electors desiring to vote a party ballot at the primary must enroll according to their party preference or affiliation (1), a refusal thereof will not permit them to vote for a party candi- date (2). If the elector is absent when the assessor or registry assessor calls, he shall leave a certificate of enrollment which the elector may fill out and give to the assessor of registry assessor on or before the time he sits at the polls on the sixty-second and sixty-third days before the primary (3). (1) 1913, P. L. 1043, 1 (2) 1919, P. L. 839, 3 (3) 1913, P.L. 1043, 3, 4. 296. Certificate of Enrollment. Date, 192... I , a duly qualified voter residing in election district, hereby declare that I desire to be enrolled as a member of the party, and express my desire to vote the ticket of the party at the primary election next ensuing, and request that my name be enrolled on the assessor's list as a member of said party for the purpose of participating in said primary or primaries. (Signature of Elector) (Witness) (Address) (1913, P. L. 1043, 3.) 297. When the party affiliation of a voter has been registered it is carried from year to year in the registry list or until the voter changes same. (1913, P. L. 1043, 5.) 298. Mistakes in registering the party of a voter may be cor- rected at any time up to ten (10) days before the primary, by petition to the Common Pleas Courts. (1913, P. L. 1043, 8.) 299. Mark opposite his name whether he is a housekeeper or not. Give number of street, alley or court, and occupation of elector. When elector is not a housekeeper, give occupation, place of boarding and name of employer. Write the word "voter" opposite each name. Mark naturalized voter with the letter "N." (1891, P. L. 134, 1.) 300. Naturalized voters must exhibit certificate of naturali- zation to the assessor. 62 GENERAL INFORMATION. SeCS. 301-308 301. Mark persons who have declared intentions, "D. I." and persons who intend to be naturalized without declaring inten- tions, "I. N." Mark persons who claim the right to vote on age "Age." Mark persons who have moved into the district since last pre- ceding election "R." (1891, P. L. 134, 1.) 302. Make a copy of Original Registry List, and place said copy on the door of the election house on or prior to the fourth Monday of May in each year. (1895, P. L. 75, 1.) 303. Retain Original Registry List for revision or inspection, free of charge, of any person resident in the said election district, who shall desire to see the same; and assess all persons on applica- tion, and mark C. V. in addition to the marks above. (1895, P. L. 75, 1.) In Allegheny County no assessment is made by the Registrar. (1919, P. L. 1093.) 304. Be present at the polling place from 10 A. M. to 3 P. M. and 6 to 9 P. M. (Eastern Standard Time) on the sixty-third and sixty-second days before each Primary to receive Party enroll- ment certificates from Electors not enrolled or desiring to change their party affiliation, also to revise the Registry List of Voters (1). He shall also be present during the same hours at the polling place on the sixty-third and sixty-second day before the November Election to make corrections on the Registry List of Voters (2). (1) 1913, P. L. 1043, 4, 5 & 8; (2) 1895, P. L. 75, 1. 305. Assessors have the right to administer oaths to any per- son in regard to any matter or thing required to be done or asked by him. (1874, P. L. 31, 17.) 306. Return the Original Registry List as revised and com- pleted, to the County Commissioners on the sixty-first day before the November Election (1) also on the sixty-first day before the Primary (2). (1) 1895, P. L. 75, 1 (2) 1913, P. L. 1043, 4. 307. It shall be the duty of each assessor and assistant asses- sor of each township of the second class, borough and ward in a borough to keep an account of the several days by him actually employed in the performance of his duties and to make return of the same to the county commissioners verified by his oath or affirmation and for each day so employed, he shall receive the sum of five dollars. (1921, P. L. , Act No. 243, 1.) B. SECOND CLASS CITIES. See also Qualifications of Voters, 27 to 40. 308. All laws regulating the registration of electors shall be uniform throughout the State, but laws regulating and requiring the registration of electors may be enacted to apply to cities only: Provided, That such laws be uniform for cities of the same class. (Const. Art. 8, 7.) 63 Sees. 309-317 GENERAL INFORMATION. 309. The Governor appoints a Board of Registration Com- missioners consisting of four (4) duly qualified electors of said city, not more than two (2) of them shall be members of the same political party. The Commissioners hold office for four (4) years and receive a salary of three thousand ($3,000.00) dollars per year. (1917, P. L. 1108, 1.) 310. The Commissioners shall keep a permanent record of all proceedings, which shall be open to the public. They have power to administer oaths. (1913, P. L. 977, 4.) 311. Commissioners shall no later than August 15th, of each year appoint four (4) registrars for each election district. Regis- trars must be qualified electors of said district and residents of the city two (2) years and of the district one (1) year. No person who holds or is a candidate for public office shall act as Registrar. (1913, P. L. 977, 5.) 312. Board of Registration Commissioners has discretionary authority as to the appointment of election registrars and are not compelled to appoint or re-appoint persons suggested by them by Ward Executive Committees. (Hutchinson v. Goshorn, 256 Pa. 69.) 313. Each registrar shall receive ten ($10.00) dollars per day for the time actually spent in registration. (1913, P. L. 977, 5.) 314. Registrars meet at the polling places in even numbered years on the ninth Thursday, the seventh Tuesday and the fifth Saturday preceding the November election ; and on the fifth Wed- nesday preceding the Spring Primary. In odd numbered years on the ninth Thursday, eighth Tuesday and Saturday preceding the November election. The registrars remain in session from seven to ten o'clock A. M. and from four to ten o'clock P. M. (Eastern Standard Time. 1919, P. L. 282, 1 ; 68 P. L. J. 310.) They have power to administer oaths. (1915, P. L. 576, 1.) 315. Electors desiring to register must appear on one of the registration days in person before the registrars of the precinct or ward in which he lives and answer under oath questions asked them as well as sign their name in the register. (1913, P. L. 977, 7.) 316. Electors who have paid their taxes within two (2) years or before the last day for registration and possess all the other qualifications shall be entitled to register at the Fall Registration; or at the Spring Registration only, if he was not qualified to register at the Fall Registration which registration will qualify him to vote only at the Spring Primary. (1913, P. L. 977, 8.) 317. Challenged Applicant to produce such further proof as is required on Election Day Naturalized Persons to produce Naturalization Papers How Persons claiming Citizenship by Reason of Father's Naturalization may be Registered Dis- position of Vouchers and Affidavit. 64 GENERAL INFORMATION. SeCS. 317-321 The challenged applicant shall produce such further proof as the law requires challenged persons to produce on election day (1), and it shall be the duty of the registrars to require it before permitting him to be registered. All persons claiming the right to vote by reason of naturalization shall be required to produce the proper naturalization papers, or a certified copy thereof, before they shall be registered ; but no such person shall be required to produce his papers a second time in the same district, unless he is challenged; Provided, That any person claiming citizen- ship by reason of the naturalization of his father may be registered either by the production of his father's papers, or a certified copy thereof, or by making affidavit that his father was naturalized at a time when he, the applicant, was less than twenty-one (21) years of age, and that he is unable to produce his father's papers. All affidavits and vouchers shall be executed in duplicate, one being delivered into the custody of each registrar who has charge of the registers (2). (1) See topic Qualifications of Voters, 27 to 40. (2) 1913, P. L. 977, 9. 318. Persons claiming right to register may be challenged What proof required to be registered Disposition of affidavits. Any person, claiming the right to' register may be challenged by a registrar, or by any qualified elector of the election division. Any person so challenged shall answer the questions of the chal- lenge affidavit, sign and swear to their truth. He shall also make affidavit at the same time to the truth of his answers as recorded in the register. The affidavit, of all persons so registered shall, at the close of each day of registration, be numbered and filed. (1913, P. L. 977, 9.) 319. Electors desiring to vote a party ballot at the primary must enroll according to their party preference or affiliation (1), a refusal thereof will not permit them to vote for a party can- didate at the primary (2). (1) 1913, P. L. 1043, 1 (2) 1919, P. L. 839, 3. 320. When his party affiliation is registered at the Fall Registration, the voter may vote the ballot of that party at the next Fall and Spring Primaries. Should he change his party by voting for the majority of candidates of another party at the following November election and desire to be registered in the party for which he voted for the majority of candidates, he may appear before the registrars at the Spring Registration and state under oath that he has so changed and the registrars shall change his party on the registers. (1913, P. L. 1043, 2.) 321. Registered electors who have removed from one election district to another two calendar months before the spring primary may have their names changed to the new district by applying to the Commissioners no later than ten (10) days before the spring primary. (1913, P. L. 977, 10.) 65 Sees. 322-328 GENERAL INFORMATION. 322. Each political party who is entitled to have watchers at the general election may appoint not more than three (3) watchers for each place of registration. No more than one (1) watcher from each party to be present at any one time. Watchers shall be entitled to be present at each registration day. Certifi- cates to be furnished by County Commissioners. Watchers shall have power to challenge. (1913, P. L. 977, 11.) 323. No more than six (6) electors other than registrars and watchers shall be allowed in the Registry Room at any one time. (1913, P. L. 977, 12.) 324. A qualified elector who has paid his taxes after the last day of the Fall Registration, and on or before the final day for payment of same in odd numbered years, or an elector who will arrive at the age of twenty-one (21) years, been naturalized or qualified as to residence in the district between the primary elec- tion and the next succeeding election may on the twentieth day preceding the election in odd-numbered years be registered by presenting a petition to the Registration Commissioners setting forth the facts, etc. (1915, P. L. 1027, 1.) 325. If any elector was too ill to appear at the polling place or was unavoidably absent from the city on all registration days, he may present a petition to the Registration Commissioners setting forth the facts as to his illness or unavoidable absence as well as appear personally before the Registration Commissioners and if the facts are proven to their satisfaction, they may order the name of the petitioner to be inserted on the register in the proper district. (1915, P. L. 1027, 1.) 326. County Commissioners are to provide for payment of all personal registration expenses, to furnish rooms for Registra- tion Commissioners, also books, papers, etc. and see that polling places are in good condition. See that registers are properly delivered to .election officers on election days. (1921, P. L. , Act No. 121, 1.) 327. State and Federal Employees may register by petition without appearing before Registration Commissioners. Em- ployees claiming right to register to give satisfactory proof that he is by payment of taxes and otherwise so entitled, also sign Ballot Check List upon voting. Commissioners to furnish blanks. (1919, P. L. 1065, Act No. 432, 1, 2.) C. THIRD CLASS CITIES. See also Qualifications of Voters, 27 to 40. 328. All laws regulating the registration of electors shall be uniform throughout the State, but laws regulating and requiring the registration of electors may be enacted to apply to cities only. Provided, That such laws be uniform for cities of the same class. (Const. Art. 8, 7.) 66 GENERAL INFORMATION. SeCS. 329-334 329. County Commissioners shall not later than June 15th, 1920, and every four years thereafter appoint two registrars for each precinct or ward. Registrars must be qualified electors of said district and residents of the city for two years and of the district one year. (1) Registrars shall be of different political faith. If no petitions are filed, County Commissioners may appoint without regard to party (2). (1) 1911, P. L. 1014, 1 (2) 1907, P. L. 251, 1. 330. Each registrar shall receive five ($5.00) dollars per day for the time actually spent in the work of registration. (1907, P. L. 251, 1.) 331. The five ($5.00) dollars per day compensation is due registrar for the day he delivers the register and vouchers to the County -Commissioners Office, but he is not entitled to mileage. (Griffin v. Crawford County, 19 D. R. 1150.) 332. The registrars meet at the polling places in even num- bered years on the ninth Thursday, seventh Tuesday, and fifth Saturday, preceding the November election, and on the third Wednesday preceding the Spring primary. In odd numbered years on the tenth Thursday, ninth Tuesday and eighth Saturday preceding the November election, and in any year when any special election is held on the third Wednesday preceding such special election. The registrars remain in session on each regis- tration day from eight o'clock A. M. to one o'clock P. M. and from two to six and seven to ten o'clock P. M. (Eastern Standard Time, 1919, P. L. 282, 168 P. L. J. 310) (1917, P. L. 738, 1.) 333. Every person claiming the right to vote must appear in person before the registrars, in the district in which he lives on one of the registration days prior to every November election, if he has subsequently to said November election moved into another district, he must appear in person before the registrars in the district to which he has thus removed, in order to enable him to vote at the ensuing Spring primary, or any ensuing special election. If the elector was prevented by sickness or absence from the city on all registration days he may present a petition to the "County Commissioners setting forth the facts and if proven to their satisfaction, they may order his name to be inserted in the register of the proper district, cr if they re r use an appeal can be taken to the Court of Common Pleas. (1917, P. L. 738, 2.) 334. Every person appearing before the registrars after being sworn shall answer the questions put to him by them. These answers must be recorded on a single line in two registers. The size and character of the registers shall be determined by the County Commissioners. Provided, however, that the county commission- ers shall at each fall registration preceding the November election furnish to the registrars of the several wards and precincts the registers of the proper ward or precinct for the previous year. Every person appearing before the registrars who was registered 67 Sees. 334-337 GENERAL INFORMATION. in said district for the previous year and who still resides at the same residence within said district as in the previous year shall after being sworn upon the production of a proper tax receipt and the making of a statement that he was registered in said election district the year immediately preceding, that he resides in the same residence as during the year immediately preceding, and naming the political party if any, to which he belongs, be again registered by the registrars without answering the additional questions. In all such cases the registrars shall complete the regis- tration of such person from the registers of the preceding year, making due allowance for the elapsing of one year. (1921, P. L. , Act No. 349, 1.) 335. Qualifications of an Elector claiming right to be Regis- tered How Elector who has paid his taxes after last day of Fall Registration may Register. Every person who shall have paid his taxes on or before the last day of registration, and who shall possess all the other quali- fications of an elector as provided in the Constitution and laws of this Commonwealth, or who by continued residence in his election district will obtain such qualifications before the next ensuing election, shall be entitled to be registered. Any qualified elector who has paid his taxes after the last day of the Fall registration, and on or before the final day for the payment of the same, in odd-numbered years, may, on the twentieth day preceding the election in odd-numbered years present his petition to the County Commissioners, setting forth the fact as to the payment of his taxes and giving in detail the information required to be recorded in the register, and praying that his name may be added to the register in the proper division. If the facts are proven to the satisfaction of the commissioners, subject to the same condition as though the applicant for such registration had presented him- self for registration before the board of registrars, of his district, they shall order the name of the petitioner to be inserted in the register in the proper place. (1911, P. L. 1014, 4.) 336. Persons claiming right to register may be challenged Challenged Persons to make affidavits Disposition of Affidavits. Any person claiming the right to register may be challenged by a registrar or by any elector of the precinct or ward. Any person so challenged shall answer the questions of the challenge affidavit ; and after his answers have been recorded, he shall sign and swear, or affirm, to their truth. He shall also make affidavit, at the same time, of the truth of his answers as recorded in the regis- ters. The affidavits of all persons so registered shall, at the close of each day of registration, be numbered and filed. (1906, P. L. 63, 6.) 337. Challenged Applicant to Produce such further proof as is required on Election Day Naturalized Persons to Produce Naturalization Papers Duty of Registrars when Applicant is Rejected. 68 GENERAL INFORMATION. SeCS. 337-344 The Challenged applicant shall produce such further proof as the law requires challenged persons to produce on election day, and it shall be the duty of the registrars to require it before per- mitting him to be registered. All persons claiming the right to vote by reason of naturalization shall be required to produce the proper naturalization papers, or a certified copy thereof, before they shall be registered; but no such person shall be required to produce the papers a second time in the same precinct or ward, unless he is challenged. (1906, P. L. 63, 6.) 338. Electors desiring to vote a party ballot at the primary must enroll according to their party preference or affiliation (1), a refusal thereof will not permit them to vote for a party candidate at the primary (2). (1) 1913, P. L. 1043, 1 (2) 1919, P. L. 839, 3. 339. When his party affiliation is registered at the Fall regis- tration, the voter may vote the ballot of that party at the next Fall and Spring primaries. Should he change his party by voting for the majority of candidates of another party at the following November election and desire to be registered in the party for which he voted for the majority of candidates, he may appear before the registrars at the Spring registration and state under oath that he has so changed and the registrars shall change his party on the registers. (1913, P. L. 1043, 2.) 340. Each political party who is entitled to have watchers at the general election may appoint not more than three (3) watch- ers for each place of registration. No more than one (1) watcher from each party to be present at any one time. Watchers shall be entitled to be present at each registration day. Certificates to be furnished by County Commissioners. Watchers shall have power to challenge. (1906, P. L. 63, 8.) 341. No more than six (6) electors other than the registrars and watchers shall be allowed in the registry room at any one time. (1906, P. L. 63, 9.) 342. If any citizen shall object to the action of the registrars in accepting or rejecting any claim for registration, they may file within ten (10) days a petition with the County Commissioners setting forth the facts. The Commissioners shall set a time and place for hearing them. All applications for correcting the regis- ters must be made no later than ten (10) days before an election. (1906, P. L. 63, 11.) 343. County Commissioners are to provide for payment of all personal registration expenses, to furnish rooms for use of registrars, also books, papers, etc. and see that polling places are in good condition. See that registers are properly delivered to election officers on election days. (1911, P. L. 1014, 7.) 344. Owners or lessees of any room or rooms provided by the County Commissioners for the use of registrars in third class cities shall receive ten ($10.00) dollars per day for each day such room is so used, which shall be paid by the county. (1919, P. L. 117, 1.) 69 Sees. 345-349 GENERAL INFORMATION. XXXTI. INCOMPATIBLE OFFICES. 345. No person shall be qualified to serve as an election officer who shall hold, or shall within two months have held any office, appointment or employment in or under the government of the United States or of this State, or of any city, or county, or of any municipal board, commission or trust in any city, save only justices of the peace and aldermen, notaries public and persons in the militia service of the State; nor shall any election officer be eligible to any civil office to be filled at an election at which he shall serve, save only to such subordinate municipal or local offices, below the grade of city or county offices, as shall be desig- nated by general law. (Const. Art. 8, 15.) 346. The sheriff shall give notice that every person excepting justices of the peace, who shall hold any office or appointment of profit or trust under the government of the United States, or of this State, or of any city or incorporated district, whether a com- missioned officer or otherwise, a subordinate officer, or agent who is or shall be employed under the Legislative, Executive or Judici- ary Department of this State, or of the United States, or of any city or incorporated district, and also that every member of Con- gress and of the State Legislature, and of the select or common council of any city, or commissioners of any incorporated dis- trict, is, by law, incapable of holding or exercising at the same time the office or appointment of judge, inspector, or clerk of any election of this Commonwealth, and that no inspector, judge or other officer of any such election shall be eligible to any office to be then voted for except that of an election officer. (1895, P. L. 392, 1.) 347. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office. (U. S. Const. Art. 1, 6, Cl. 2.) 348. No member of Congress from this State, nor any person holding or exercising any office or appointment of trust or profit under the United States, shall at the same time hold or exercise any office in this State, to which a salary, fees, or perquisites shall be attached. (Const. Art. 12, 2.) 349. Every person who shall hold any office, or appoint- ment of profit or trust under the Government of the United States, whether a commissioned officer or otherwise, a subordinate officer or agent, who is or shall be employed under the legislative, execu- tive or judiciary department of the United States, and also every member of Congress, is hereby declared to be incapable of holding or exercising, at the same time, the office or appointment of justice of the peace, notary public, mayor, recorder, burgess or 70 GENERAL INFORMATION. SeCS. 349-358 alderman of any city, corporate town or borough, resident phy- sician of the lazaretto, constable, judge, inspector or clerk of elec- tion under this Commonwealth (1). But the office of justice of the peace and notary public can be held by the same person, but limits his jurisdiction (2). (1) 1874, P. L. 186, 1. Above re- pealed insofar as it relates to boroughs by Chap. XIII, Art. 1, Sec. l-(c), May 14, 1915, P, L. 312. (2) 1909, P. L. 151, Act No. 103, 1.) See also Sec. 348. 350. The holding of any of the aforesaid offices or appoint- ments under this State is declared to be incompatible with any office or appointment under the United States, and every such commission, office or appointment so holden under the govern- ment of this State is null and void. (1874, P. L, 186, 2.) Above repealed insofar as it relates to boroughs by Chap. XIII, Art. 1, Sec. l-(c), May 14, 1915, P. L. 312.) See also Sec. 348. 351. If any person, after the expiration of the fifteenth day of November, one thousand eight hundred and seventy-four, exer- cises any office or appointment, the exercise of which is incom- patible, every person so offending shall, for every such offense, being thereof legally convicted in any court of record, forfeit and pay any sum not less than fifty ($50.00) dollars, nor more than five hundred ($500.00) dollars, at the discretion of the Court, one moiety of said forfeiture to be paid to the overseers, guardians or directors of the poor of the township, district, county, or place where such offense shall have been committed, to be applied to the support of the poor, and the other moiety thereof to the prosecutor who shall sue for the same. (1874, P. L. 186, 3.) Above repealed insofar as it relates to boroughs by Chap. XIII, Art. 1, Sec. l-(c), May 14, 1915, P. L. 312.) See also Sec. 348. 352. No person shall be capable of holding at the same time, the office of justice of the peace, prothonotary, and clerk of any court. (1874, P. L. 186, 4.) 353. Nor of associate judge and justice of the peace. (1874, P. L. 186, 5.) 354. No district attorney can hold any other office under the law and constitution of the State. (1874, P. L. 186, 6.) 355. Nor of county commissioner, school director, or board of health. (1874, P. L. 186, 7.) 356. No alderman or attorney-at-law to be county prison inspector. (1874, P;L. 186, 8.) 357. No person can, at one time, be a member of more than one of the following bodies, viz: City council, guardians of the poor, board of health, and inspector of the county prison. (1874, P. L. 186, |9.) 358. Members of the Legislature cannot be councilmen in an incorporated city. (1874, P. L. 186, 10.) 71 Sees. 359-369A GENERAL INFORMATION. 359. No member of council is eligible to any office, employ- ment or agency chosen by council during the term for which be was elected to council. (1874, P. L. 186, 11.) 360. No member of said councils shall hereafter hold any office or employment in the choice of said councils, during the term for which he shall have been elected. (1874, P. L. 186, 13.) 361. Members of council cannot hold any other city or county office in the choice of the people. (1874, P. L. 186, 14.) 362. No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office under this Commonwealth; and no member of Congress or other person holding any office, except of attorney-at-law or in the militia, under the United States or this Commonwealth, shall be a member of either House during his continuance in office. They shall receive no other compensation, fees or perquisites of office for their services from any source, nor hold any other office of profit under the United States, this State, or any other State. (1874, P. L. 186, 15.) 363. No Senator or Representative can be appointed to any civil office during the term for which he was elected. (1874, P. L. 186, 15.) 364. No person hereafter elected shall be capable of holding and exercising the office of school director, constable, path- master or commissioner of roads, and that of township or borough auditor. (1876, P. L. 179, 1.) 365. Any person holding the office of mayor, chief burgess, county commissioner, district attorney; city, borough or town- ship treasurer; city councilman, township commissioner, road supervisor, tax collector, comptroller, auditor, or constable, county superintendent or assistant county superintendent, shall not be eligible as a school director in this Commonwealth. (1919, P. L. 517.) 366. No member of Congress or any person holding any office or appointment of profit or trust under the Government of the United States shall be capable of holding the office of burgess. (1915, P. L. 312, Chap. 7, Art. 2, 2.) 367. No township auditor shall at the same time hold the office of constable. (1917, P. L. 840, 150.) 368. No person who holds or is a candidate for public office shall act as registrar in second class cities. (1913, P. L. 977, 5.) 369. No person shall be eligible to the office of county auditor who within two (2) years shall have been treasurer of the county. (1871, P. L. 79, 1.) 369-A. No person holding the office of county auditor shall at' the same time be County Treasurer. (1871, P. L. 79, 2.) 72 GENERAL INFORMATION. SeCS. 369B-373 369-B. No judge, clerk or prothonotary of any court, register of .wills, recorder of deeds, county commissioner, or county auditor shall be eligible to election as county treasurer, during their continuance in office, nor shall any county com- missioner be eligible until the expiration of one year next after the term for which he shall have been elected. (1841, P. L. 400, 3, Partly repealed 1871, P. L. 79, 2.) 369-C. In counties containing over one hundred thousand (100,000) inhabitants, no person holding office under the United States shall be eligible to the office of county controller during his continuance in office as aforesaid, nor until one (1) year there- after; and the county commissioners, county treasurer, protho- notary, register of wills, clerk of the courts, recorder of deeds, sheriff and district attorney and their chief clerks or deputies shall be ineligible for two years to the office of county controller. (1895, P. L. 403, 2.) 369-D. Providing for the office of county controller in counties where such office is not now in existence, no person holding office under the United States shall be eligible to the office of county controller during his continuance in office as afore- said; and the county commissioners, county treasurer, prothono- tary, register of wills, clerk of the courts, recorder of deeds, sheriff, and district attorney and their chief clerks or deputies, shall be ineligible to the office of county controller. (1909, P. L. 436, Act No. 242, 2.) XXXIII. CRIMES. 370. Supplying False Tickets to Voters. At general or primary elections it is a misdemeanor, punish- able by fine and imprisonment, to supply a voter with tickets and falsely represent that they contain names which are not thereon. (1883,P..L.92,1.) 371. He who purchases a vote, to be cast or withheld as he directs, or who gains that end through the mediation of another by cash, reward, anything of value, or promise thereof, as well as the voter who sells the control of his vote for such consideration, is disqualified from voting at the election unless when challenged therefor the charge is denied under oath. (Const. Art. 8, 8.) 372. While betting on any matter should be discouraged, it may as well be made known that betting on elections does not disqualify a voter; the contract is void, and a misdemeanor, when the fine will be thrice the bet, and the poor authorities can sue and recover from the bettors or stakeholders. (1839, P. L. 519, 115, 116 and 118.) 373. Any election officer or clerk who shall bfe guilty of any wilful fraud in the conduct of his duties at a primary, or who shall make a false return of the votes cast at such primary, or who 73 Sees. 373-374A GENERAL INFORMATION. shall deposit fraudulent ballots in the ballot box, or who shall certify as correct a return of ballots in the ballot box which he knows to have been fraudulently deposited therein, or who shall write false names in the lists of voters for the purpose of conceal- ing the deposit of such fraudulent ballots or of aiding in the per- petration of such fraud, or who shall conspire with others to com- mit any of the offenses herein mentioned, shall be subject to a fine of five hundred ($500.00) dollars, or three (3) years imprison- ment. (1913, P. L. 719, 23.) 374. A voter convicted of violating any election law is dis- qualified for four (4) years. (Const. Art. 8, 9.) 374-A. A primary election held in pursuance of the Pennsyl- vania Act of 1913, P. L. 719, and its supplements to nominate can- didates for various federal offices is not such an election as con- templated by the Federal Criminal Code or within the provisions of Art. 1 of the Federal Constitution. Indictments for alleged offenses committed at the primary not sustained as the District Court of the United States was without jurisdiction. (United States v. Spero et al. 69 P. L. J. 68.) CANDIDATES PRIMARIES. SeCS. 375-380 PART VI. XXXIV. PRIMARIES. A. NOMINATIONS OF CANDIDATES AND ELECTION OF PARTY OFFICERS. 375. All candidates of political parties, as herein defined, for the office of United States Senator, Representative in Congress, for all elective State, county, city, ward, borough, township, school district, and election division or district offices, and for all other elective public offices, except that of presidential elector, shall be nominated, at primaries held in accordance with the pro- visions of this act, and in no other manner. (1917, P. L. 244, 1.) 376. Delegates and alternate delegates to National Party conventions and State committeemen shall be elected, at primaries held in accordance with the provisions of this act, and in no other manner. All such party officers as are required by the rules of the several political parties to be elected by the vote of the party electors shall be elected at primaries held in accordance with the provisions of this act, excepting members of the National Com- mittee, who shall be elected as hereinafter provided. (1917, P.L.244,1.) 377. In the years when candidates for the office of President of the United States are to be nominated, every qualified elector of a political party, herein defined to be a political party within the State, shall have opportunity at the primaries held in such years, subject to the provisions of this act, to vote his preference for one person to be the candidate of his political party for Presi- dent. (1917, P. L. 244, 1.) 378. National committeemen shall be elected by the State committee of each respective party, unless the rules of the National party otherwise provide; in which case they shall be elected in the manner provided by the rules of the National party. (1917, P. L. 244, 1.) 379. The State committee of each political party may make such rules for the government of such State committee, not incon- sistent with law, as it may deem expedient; and may also revoke or alter or amend, in any manner not inconsistent with law, any present or future rules of such State Committee. (1917, P. L. 244, 1.) 380. State committeemen shall be elected by Senatorial dis- tricts. Each Senatorial district shall be entitled to elect two members of the State committee, except where a Senatorial dis- trict is composed of more than one county or part of a county ; in which event the electors residing in each county or part of a county embraced in the said senatorial district shall be entitled to elect one State committeeman. The State committeemen thus 75 Sees. 380-384 CANDIDATES PRIMARIES. elected shall meet for organization not later than the fifth Wednes- day following their election, at such hour and place as shall be designated by the State chairman of each respective party. The said State committeemen of all parties shall be elected at the Spring primary. (1917, P. L. 244, 1.) B. POLITICAL PARTIES DEFINED. 381. Party Within the State Any party or body of electors, one of whose candidates at the general election next preceding the primary polled in each of at least ten counties of the State not less than two per centum of the largest entire vote cast in each of said counties for any elected can- didate, and polled a total vote in the State equal to at least two per centum of the largest entire vote cast in the State for any elected candidate, is hereby declared to be a political party within the State; and shall nominate all its candidates for any of the offices provided for in this act, and shall elect its delegates and alternate delegates ta the National convention. State committeemen, and also such party officers, including members of the National Com- mittee, as its rules provide, shall be elected by a vote of the party electors, in accordance with the provisions of this act. (1913, P. L. 719, 2.) 382. Party Within a County. Any party or body of electors, one of whose candidates at either the general or municipal election preceding the primary polled at least five per centum of the largest entire vote cast for any elected candidate in any county, is hereby declared to be a political party within said county; and shall nominate all its candidates for office in such county and in all political districts within said county, or of which said county forms a part, and shall elect such party officers as its rules provide shall be elected therein, by a vote of the party electors, in accordance with the provisions of this act. (1913, P. L. 719, 2.) C. SPRING NOMINATIONS. 383. Candidates for all offices to be filled at the general elec- tions shall be nominated at the Spring primary. Delegates and alternate delegates to National party conventions, State commit- teemen, and such party officers, including members of the National committee, as are required by the rules of the several political parties to be elected by a vote of the party electors, shall be elected at the Spring primary. (1919, P. L. 836, 1.) 384. On or before the ninth Tuesday preceding the Spring primary, the Secretary of the Commonwealth shall notify County Commissioners of the offices for which candidates are to be nomi- nated, including President, Congressmen and State Officers. (1913, P. L. 719, 4.) 76 CANDIDATES PRIMARIES. SeCS. 385-392 385. On or before the ninth Tuesday preceding the Spring primary, the Chairmen of State Committees shall notify County Commissioners number of delegates to National Convention, also National Committeemen, if any, and State Committeemen to be elected in their district. (1915, P. L. 1044, 1.) 386. On or before the ninth Tuesday preceding the Spring primary, the Chairmen of County Committees shall notify County Commissioners of all Party Offices to be filled. (1913, P. L. 719, 4.) 387. Beginning not earlier than nine (9) weeks, nor later than eight (8) weeks, before the primary, the County Commissioners shall publish number of National Delegates and National and State Committeemen to be elected, and names of offices for which nomination are to be made, or candidates for party offices to be elected. (1913, P. L. 719, 4.) D. FALL NOMINATIONS. 388. Candidates for all offices to be filled at the Municipal election shall be nominated at the Fall primary. (1919,P.L.836,1.) 389. On or before the ninth Tuesday preceding the Fall primary, the Secretary of the Commonwealth shall notify County Commissioners of the offices for which candidates are to be nomi- nated. (1915, P. L. 1044, 1.) 390. On or before the ninth Tuesday preceding the Fall primary, the Clerks or Secretaries of cities, boroughs, townships and school districts shall notify County Commissioners of all offices for which candidates are to be nominated. (1913, P. L.719 4.) F. PETITIONS. 391. No petition may be legally circulated prior to forty (40) days before the last day for filing same. No signature shall be counted unless it bears date within forty (40) days of last day to file. (1917, P. L. 244, 2.) 392. Number of Signatures Required to Petitions. For President of the United States or United States Senator, one hundred (100) qualified electors in each of at least ten (10) counties. For a State office to be voted for by the State at large, Repre- sentative in Congress at large, delegate or alternate delegate at large to National Convention or member of National Committee, by one hundred (100) qualified electors in each of at least five (5) counties. For Representative in Congress (district), delegate or alternate delegate to National Convention (district), [judge of any court, not to be elected by the State at large,] or State Senator, or of any Municipal Office to be filled by a vote of the electors of a Sena- torial district by two hundred (200) qualified electors. (1919, P. L. 839, 1.) The words in brackets are repealed 1921, P. L. Act No. 198, 2. See 416. 77 Sees. 393-398 CANDIDATES PRIMARIES. 393. For Representative in the General Assembly, member of the State Committee or an office to be voted for by the entire county, by one hundred (100) qualified electors. For inspector of election, by five (5) qualified electors. For all other offices and other party offices, by ten (10) qualified electors. (1919, P. L. 839, 1.) 394. It is the plain duty of the county commissioners when a candidate's petition is presented to them, even though it be regular on its face, to inquire whether the requirements of the Act have been complied with in regard to the number of signers and their qualifications as electors of the division. In such a case the Commissioners have authority to refuse such a petition, where it appears that ten of the fifty-six signers of the petition had been induced to sign upon a false representation that the candidate was a democrat and had withdrawn from the petition, and that the remaining signers were not qualified voters of the Democratic Party. (Moore v. Neil et al. 233 Pa. 408.) 395. Time of Filing Petitions. At least forty (40) days prior to the primary with the Sec- retary of the Commonwealth for the office of President of the United States, Senator of the United States, Member of Congress, for all State offices, for the office of delegate or alternate to a National party convention and member of State or National Committee. At least four (4) weeks prior to the primary with the County Commissioners of the respective counties for all other offices. (1919, P. L. 839, 1.) 396. A signer of a nomination petition shall sign but one for each office to be filled unless there are to be two or more elected to the same office, when he may sign as many petitions as the candidates he can vote for. He shall declare in the petition that he is a member of the party designated and that he is a qualified elector of the county named therein; if the candidates are not to be voted for by the State at large, that he is a qualified elector of the district named therein. He shall give his occupation, residence, with city, borough or township and street and number, if any, and also add the date of signing. (1917, P. L. 244, 2.) 397. Petitions may be on one or more sheets and different sheets must be used for signers resident in different counties. (1917, P. L. 244, 2.) 398. Each petition shall have appended thereto the affidavit of some person, not necessarily a signer, and not necessarily the same person on each sheet, stating that the affiant is a qualified elector of the state or division referred to in the petition. He shall give his residence, city, borough, or township, with the street and number, if any; stating that the signers signed with full knowledge of the contents of the petition, that their respective 78 CANDIDATES PRIMARIES. Sees. 398-403 residences are correctly stated, that all reside in the county named, that each signed on the date opposite his name and that to the best of the affiant's knowledge and belief the signers are qualified electors and members of the designated party. (1917, P. L. 244 2.) 399. Candidates for any State, county or city office shall file with his petition, his affidavit stating his residence with street and number, if any; his post office address, his election district, the name of the office for which he is a candidate, that he is eligible for such office and that he will not knowingly violate any election law, regulating nomination and election expenses, or prohibiting corrupt practices. (1917, P.L. 244, 2.) 400. Each candidate for delegate or alternate delegate to a National party convention may include with his affidavit the following statement, but failure to include such statement is not valid ground for refusal to receive and file the petition. (1917, P. L. 244, 2.) 401. Delegate's Statement. I hereby declare to the voters of my political party in the (here insert "State of Pennsylvania" if a delegate or alternate delegate-at-large; otherwise insert " District") that, if elected and in attendance as a delegate to the National Convention of the party, I shall, with all fidelity, to the best of my judgment and ability, in all matters coming before the convention, support that candidate for President of the United States who shall have received the highest number of votes cast in the (here insert "State" if a delegate or alternate delegate-at-large; otherwise insert " District") by the voters of my party for said office at the ensuing primary, and shall use all honorable means in my power to aid in securing the nomination for such candidate for President. Signature of candidate for delegate or alternate delegate (1917, P.L. 244, 2.) 402. Objection and Setting Aside Petitions. Objection to a petition that has been filed shall be made to the Court of Common Pleas of the county wherein the petition has been filed within five (5) days after the last day for filing the same. The petition to the court to set aside must state specifi- cally the matter objected to. The court then sets a time for a hearing, not latter than ten (10) days after the last day for filing, and specifying the time and manner of notice to the candidate whose petition is objected to. (1913, P. L. 719, 8.) 403. Causes for Rejecting Petitions. No nomination petitions shall be refused or set aside except for the following causes : 79 Sees. 403-408 CANDIDATES PRIMARIES. (a) Material error or defects apparent on the face, or on the face of the accompanying affidavits. (b) Material alterations made after signing without the consent of the signers. (c) Want of sufficient number of genuine signatures of persons qualified, with respect to age, sex, residence and citizenship. A petition is not invalidated by the invalidity of any sheet, if sufficient remains after eliminating the invalid portion. (See also Yost's Appeal, 253, Pa. 551; 1913, P. L. 719, 8.) 404. Any person knowingly and wilfully signing a nomination petition without being qualified as an elector with respect to age, sex, residence, citizenship, or who sets opposite his name a date other than that on which he signs, or who makes a false statement of the signer 's place of residence, or who shall sign more petitions than permitted, is guilty of a misdemeanor. Any person making a false affidavit to accompany a nomination petition or any person signing a name other than his own or any person fraudulently altering any nomination petition without the consent of the signers, is guilty of a misdemeanor. (1913, P. L. 719, 23.) F. WITHDRAWAL AND VACANCIES. 405. Any candidate for nomination may withdraw as a can- didate at any time before four o'clock on the Friday next succeed- ing the last day for filing petitions, by a request in writing, signed by him and acknowledged before a notary public or justice of the peace and filed in the office where the petition was filed. (1913, P. L. 719, 19.) 406. Vacancies happening at any time in the office of National committeeman shall be filled by the State committee of their respective party, unless the rules of the National party otherwise provide ; in which case vacancies shall be filled in the manner pro- vided by the rules of the National party. (1917, P. L. 244, 1.) 407. Vacancies happening at any time in the office of State committeeman shall be filled by the city or county committee of the respective parties : Provided, That when said vacancy occurs in a county composed of more than one Senatorial district, the members of the city or county committee embraced within the Senatorial district in said county shall elect said committeeman; and when a vacancy occurs in a Senatorial district composed of more than one county or part of a county, the members of the county committee embraced within said county or part of a county shall elect said committeeman. (1917, P. L. 244, 1 .) 408. This act shall not apply to the nomination of candidates to be voted for at special elections to fill vacancies, except when 80 CANDIDATES PRIMARIES. SeCS. 408-413-A such special election is held at the time of a regular election and such vacancy occurred or existed at least sixty (60) days prior to the regular primary antecedent to such regular election; and nothing herein contained shall prevent any body of electors not .constituting a political party from nominating candidates by nomination papers, as is now or may hereafter be provided by law. (1917, P. L. 244, 1.) 409. The word "vacancy" as applied to an office has no technical meaning. An existing office without an incumbent is vacant. There is no basis for the distinction that it applies only to an office vacated by death, resignation or otherwise. It may be applied to an office when it is first created, and has been filled by no incumbent; and a vacancy may exist by the expiration of the term. (Commonwealth ex rel v. McAfee, 232 Pa. 36.) 410. Where a nomination petition has been duly filed under the provisions of this act, and thereafter and before the day of the primary the candidate named in said petition dies, the original signers of said petition, or the majority of them, may sign anther petition proposing a new candidate for said office, at any time prior to the printing of the ballot. Said petition filed shall have the same force and effect as the original petition. (1913, P. L. 719, 17.) 411. Vacancies happening or existing after the date of the primary may be filled in accordance with the party rules, as is now or may hereafter be provided for by law. (1913, P. L. 719, 17.) See also 450 to 468. G. PARTY BALLOTS. 412. The names of all party candidates are printed on party ballots upon filing of nomination petitions in their behalf, signed by qualified electors of the State or political district or division in which the nomination is to be made or the election held and affidavits filed by the various candidates. (1917, P. L. 244, 2.) 413. No person's name shall be printed on the ballot of a party for party office unless he is a qualified elector of that party. (1917, P. L. 244, 2.) 413-A. The ballot shall vary in form only as 'the names of districts, offices, candidates or the provisions of this act may require. Immediately after the last day fixed for filing of such nomination petitions with them, the Secretary of the Common- wealth or the county commissioners, as the case may be, shall fix a day for the casting of lots for the position of names upon the primary ballot and shall give notice to the candidates to appear- before them for that purpose. Such candidates shall appear in" person or by agent duly authorized by letter of attorney signed and acknowledged by an officer empowered to take acknowledgments'. In the event of any said candidates not being present in person or 81 Sees. 413-A-448 CANDIDATES PRIMARIES. by representative at the time of casting of lots, it shall be the duty of the Secretary of the Commonwealth or the county commission- ers to appoint some person to represent such absentee. After said lots are cast the Secretary of the Commonwealth or the county commissioners, as the case may be, shall establish the order in which the names of said candidates are to appear upon the primary ballot and to certify the same for printing upon the official pri- mary ballot. (1921, P. L. , Act No. 283, 1.) 414. Opposite or under the name of each candidate for state office to have name of county printed opposite name. Candidates for county or district office to have residence printed opposite name. Candidates with same surnames may have occupation printed on ballot. (1915, P. L. 1025, 1.) XXXV. NOMINATIONS FOR JUDGES AND SECOND CLASS CITY OFFICES. 415. Judges of the Supreme Court and Superior Court are nominated on party tickets at party primaries in any year in the manner and subject to the same laws as govern the nomination of other state officers nominated by the voters of the state at large, and such judges as nominated are elected at the following general or municipal elections. (1921, P. L. , Act No. 198, 1.) See also 375 to 414. 416. All other judges of courts of record elected in any county or judicial district are nominated on party tickets at party pri- maries in odd numbered years in the manner and subject to the same laws in all respects as govern the election of members of the General Assembly and such judges as nominated are elected at the following municipal election. (1921, P. L. , Act No. 198, 2,) See also 375 to 414. 417. All candidates for any elective office in cities of the second class shall be nominated on party tickets at party primaries in odd numbered years in the same manner and subject to the same laws in all respects as govern the nomination of municipal officers in other municipalities and such officers in cities of the second class shall be elected at the municipal elections which elections shall be held and conducted in the manner provided by law. (1921, P. L. , Act No. 199, 1.) See also 375 to 414. 418 to 447. (Blank). Repealed 1921 P. L. , Act No. 198. XXXVI. ELECTIONS. A. PARTY NAME. 448. If five (5) electors composing any political body making a nomination by nomination papers shall file with the prothono- tary of the county in which the nomination paper or papers are to be filed an affidavit setting forth that they have adopted a certain political appellation to designate their policy, subject to 82 CANDIDATES ELECTIONS. SeCS. 448-452 the limitations of this act regarding the selection of names, that thereafter such political body shall have the exclusive right to use the said name or appellation for the election for which such nomi- nation or nominations are made, provided that a certificate from the prothonotary setting forth such a compliance with the act be filed with the nomination papers filed by such political body. See Wakefield's Appeal, 229 Pa. 582 and 585, also Independence Party Nomination, 208 Pa. 108. (1919, P. L. 855, 1.) 449. If five (5) electors, composing any political body as hereinbefore provided, shall file an affidavit, as aforesaid, setting forth that they have adopted a certain political name or appella- tion to designate their policy for the purpose of making nomi- nations for ward officers or officers to be elected in any ward, such affidavit shall give to such body of electors the exclusive right to use the said name or appellation for the nomination of any candi- dates for any precinct or other subdivision of such ward for the election for which such nominations are made. (1919, P. L. 855, 1.) See also Independence Party Nominations 208 Pa. 108. B. CANDIDATES' PETITIONS. 450. Nominations of candidates for any public office may also be made by nomination papers, signed by qualified electors of the State, or of the electoral district or division thereof for which the nomination is made, and filed in the proper office as provided in section 5 (as amended July 9, 1919, P. L. 832, 1.) of this act. Blank forms for making such nomination shall be furnished by the Secretary of the Commonwealth, and no other form than the ones so prescribed shall be used for such purposes. (1919, P. L. 855, 1.) 451. Where the nomination is for any office to be filled by the voters of the State at large, the number of qualified electors of the State signing such nomination paper shall be at least one- half of one per centum of the largest vote for any officer elected in the State at the last preceding election at which a State officer was voted for. In the case of all other nominations, the number of qualified electors of the electoral district or division signing such nomination paper shall be at least two per centum of the largest entire vote for any officer elected at the last preceding elec- tion in the said electoral district or division for which said nomi- nation papers are designed to be made. (1919, P. L. 855, 1.) 452. Each elector signing a nomination paper shall add to his signature his place of residence and occupation, and no person may subscribe to more than one nomination for each office to be filled. The signatures to each nomination paper and the qualifi- cation of the signers shall be vouched for by the affidavit of at least five (5) of the signers thereof, which affidavit shall accom- pany the nomination paper. (1919, P. L. 855, 1.) 83 Sees. 453-459 CANDIDATES ELECTIONS. 453. All certificates of nomination and nomination papers shall specify : First : The party or policy which such candidate repre- sents, expressed in not more than three words; in the case of electors of President and Vice-President of the United States, the names of the candidates for President and Vice-President shall be added to the party or political appellation. Second : The name of each candidate nominated there- in, his profession, business or occupation, if any, and his place of residence, with street and number thereon, if any. Third: The office for which such candidate is nomi- nated. (1897, P. L. 223, 2.) 454. No words shall be used in any nomination papers to describe or designate the party or policy or political appellation represented by the candidate named in such nomination papers, as aforesaid, identical with the words used for the like purpose in certificates of nominations made by a convention of delegates or primary meeting of electors, or caucus held under the rules of a political party, or any board authorized to certify nominations,, representing a political party which, at the last preceding election,, polled two per centum of the largest vote cast. (1897, P. L. 223, 2.) 455. If objections filed to a nomination certificate or paper on account of the party or political appellation used therein, or involving the right as defined by sections two and three of this, act, to file such certificate or paper, shall be decided by the Court, of Common Pleas on hearing, as hereinafter provided. (1897,. P. L. 223, 2.) 456. Nomination Papers for Elections. Nomination papers for Presidential electors. Members of the House of Representatives of the U. S. and for State Offices, includ- ing Judges, Senators and Representatives to be filed with the Sec- retary of the Commonwealth at least sixty (60) days before the day of the election. (1919, P. L. 832, 1.) 457. Nomination Papers for all other offices to be filed with County Commissioners at least twenty-eight (28) days before the election. (1919, P. L. 832, 1.) 458. Pennsylvania is entitled to thirty-eight (38) Presidential Electors being equal to the whole number of United States Sena- tors and Representatives to which this state is entitled in Con- gress. (U. S. Const. Art. 2, 2 and 12th Amendment.) 459. Presidential Electors are usually selected according to* the various party rules. (Editor.) 84 CANDIDATES ELECTIONS. SeCS. 460-465 460. Nomination papers presented for filing to the Secretary of the Commonwealth or County Commissioners, if found defec- tive, shall not be filed. Action of above officers for refusing to receive papers, are subject to review by Common Pleas Court. (1919, P. L. 832, 2.) 461. Objections to nomination papers filed shall be made in writing and filed in the Court of Common Pleas of the County in which the paper objected to has been filed. Also with the officer or officers, with whom such papers has been filed and within the following periods : First : Papers filed with the Secretary of the Common- wealth, at least fifty (50) days before election. Second: In case of papers filed with County Commis- sioners, at least twenty-five (25) days before election. (1919, P. L. 832, 2.) 462. Court shall hear and finally determine case, with respect to papers filed with the Secretary of the Commonwealth at least thirty (30) days before election, and in other cases at least eighteen (18) days before election. (1919, P. L. 832, 2.) 463. In determining or reckoning the period of time, the day upon which the act is done, papers filed or notice given shall be excluded from and the date of the election shall be included in the calculation or reckoning. (1919, P. L. 832, 1.) 464. The Secretary of the Commonwealth shall, fourteen (14) days at least previous to the day of any election of United States or State officers, or for the adoption of amendments to the Constitution of this Commonwealth, transmit to the county commissioners and the sheriff in each county, in which such election is to be held, duplicate official lists, stating the names and residences of, and parties or policies represented by, all candi- ^lltfr^whose nomination certificates or papers have been filed found aiiii*Xitr*i*-4Ti m-ovided for such election, and have not been to be voted for l substantially in the d*. * L 338 ^ C WITHDRAWALS AND VACANCIES. ^5. Any candidate whose narne has been presented for^he office of Pres idenfaa 1 . ^^^to any State office, including sentatives of the United States or tor a .^ ^^ hls those of judges Senator * and *^^ ^ reque st in writing, sen those of judges Senator * and *^^ ^ reque st in writing, -ISX (50) days before Sees. 465-468 CANDIDATES ELECTIONS. election day. Names filed with the County Commissioners may be withdrawn twenty-five (25) days before election day. No names so withdrawn shall be printed upon the ballots. (1919, P. L. 832, 3.) 466. In case of the death or withdrawal of any candidate nominated as herein provided, the citizens who nominated such candidate, may nominate a substitute in his place, by filing in the proper office at any time before the day of election, a nomination paper which shall conform to all the requirements of this act in regard to original papers. Provided, That if the said citizens shall have authorized any committee, to make nominations in the event of the death or withdrawal of candidates, the said citizens (shall not be required) to sign a new nomination paper, but the said committee shall have power to file the requisite nomination paper, which shall recite the facts of the appointment and powers of the said committee (naming all its members), of the death, or withdrawal of the candidate, and of the action of the committee thereon, and the truth of these facts shall be verified by the affidavit annexed to the paper of two members of the com- mittee, and also of two of the citizens who made affidavit to the original paper: And provided, also, That in case of a substituted nomination paper not filed by a committee, but signed by citizens, it shall only be necessary that two-thirds of the signers of the said paper shall have been signers of the original paper. (1893, P. L. , 419, 11. 29 D. R. 984.) 467. All substituted nomination papers may be objected to as provided in section six of this act, (1), and if a substituted paper be filed after the last day for filing the original paper, objections must be made within four (4) days after the filing, and no objections, as to form and conformity to law shall be received after the time set for printing the ballots. (1893, P. L. 419, 12.) (1) See 461 and 462. r a but twenty banots have ^S^^K^^'^^ .86 CANDIDATES EXPENSES. SeCS. 468-475 and distribute with the ballots suitable slips of paper bearing the substituted name, together with the title of the office, and having adhesive paste upon the reverse side, which shall be offered to each voter with the regular ballot and may be affixed thereto. (1) (1893, P. L. 419, 12.) (1) See 85. XXXVH. EXPENSES. 469. ' ' Candidate for Nomination ' ' Defined. The term "candidate for nomination", shall include all persons whose names are presented for nomination to public office at any primary meeting, caucus, or convention, whether or not such persons are actually nominated thereat. (1906, P. L. 78, 1.) 470. "Candidate for Election " Defined. The term "candidate for election" shall include all persons whose names are printed as candidates on the official ballots, or on any official sticker, used at any election; and also all persons voted for, for any public office, who shall receive at least ten per cent, of the highest vote received by the successful candidate for such office, but whose names were not printed on the official ballots. (1906, P. L. 78, 1.) 471 . " Candidate ' ' Defined. The term "candidate" as used in this act, shall, unless espe- cially restricted therein, include both candidates for nomination and candidates for election. (1906, P. L. 78, 1.) 472. " Public Office " Defined. The term "public Office" shall include every public office to which persons can be elected by vote of the people. (1906, P. L. 78, 1.) 473. " Political Committee " Defined. The term "political committee", shall include every two or more persons who shall be elected, appointed or chosen, or who shall have associated themselves or co-operated, for the purpose, of controlling ur^~~f ^oidncr. collecting or disbursing money, or of money, for election expenses, u- -- ^cKnrsement &474. "Election Expenses" P efined - as used The term "election expenses all expenditures of money ^dates for public of the nomination of ^K^SKKS P erson or V**? office or in furtherance of the elect ^^ n y o ^ elec tion to -public public office, or to defeat the Jggfg^^nj Every political committee shall appint of m()ney com^ttee, or by any 87 Sees. 475-477 CANDIDATES EXPENSES. of its members, for election expenses; and unless such treasurer is first appointed, and thereafter maintained, it shall be unlawful for a political committee or any of its members to collect, receive or disburse money for any such purpose. All money collected or received by any political committee or by any of its members, for election expenses, shall be paid over and made to pass through the hands of the treasurer of such committee, and shall be dis- bursed by him; and it shall be unlawful for any political committee or any of its members to disburse any money for election expenses, unless such money shall have passed through the hands of the treasurer. . (1906, P. L. 78, 2.) .476. National Banks and Corporations authorized by Laws of Congress prohibited from making money contribution for election purposes. That it shall be unlawful for any National bank, or any corpor- ation organized by authority of any laws of Congress, to make money contribution in connection with any election to any politi- cal office. It shall also be unlawful for any corporation whatever to make a money contribution in connection with any election at which Presidential and Vice-Presidential electors or a Repre- sentative in Congress is to be voted for or any election by any State Legislature of a United States Senator. Every corpora- tion which shall make any contribution in violation of the fore- going provisions shall be subject to a fine not exceeding five thou- sand dollars ($5,000.00) and every officer or director of any cor- noration who shall consent to any contribution by the corpora- tion in violation of the foregoing provisions shall upon conviction be punished by a fine 'not exceeding one thousand ($1,000.00) dollars and not less than two hundred and fifty ($250.00) dollars, or by imprisonment for a term of not more than one (1) year, or both such fine and imprisonment in the discretion of the court. (Act of Cong. Jan. 26, 1907, 34 Stat. at L. 864, 1.) r o x luiiioited, Except CANDIDATES EXPENSES. SeCS. 478-479 478. Lawful Expenses Which Shall be Paid by Treasurer or Political Committee, or by Candidates for Nomination or Elec- tion to Office. No candidate, and no treasurer of any political committee, shall pay, give or lend, or agree to pay, give or lend, either directly or indirectly, any money or other valuable thing for any nomina- tion or election expenses whatever, except for the following pur- poses : First: For printing and traveling expenses, and per- sonal expenses incident thereto, stationery, adver- tising, postage, expressage, freight, telegraph, tele- phone, and public messenger services. Second : For dissemination of information to the public. Third: For political meetings, demonstrations and conventions, and for the pay and transportation of speakers. Fourth: For the rent, maintenance and furnishing of offices. Fifth: For the payment of clerks, typewriters, steno- graphers, janitors and messengers actually employed. Sixth: For the employment of watchers at primary meetings and elections, to the number allowed by law. Seventh : For the transportation of voters to and from the polls. Eighth: For legal expenses, bona fide incurred, in con- nection with any nomination or election. (1906, P. L. 78, 4.) 479. Candidates and Treasurers of Political Committees, Receiving or Disbursing Sums Exceeding Fifty ($50.00) Dollars, shall file Detailed Accounts, when not in excess of fifty ($50.00) Dollars shall certify same under Oath When no Contributions ~, v ^ wi -i^iauuiseiiieiics Ma) 484. Under the Act of March 5, 1906, P. L. 78, which pro- vides that "within twenty (20) days after the last day for the nlmg of any account required by this act, any five (5) electors of the State may present a petition in a court of quarter sessions of the county in which the office where such account has been filed, is situated, praying for an audit of such account", the filing of a petition for audit with the clerk of the court of quarter sessions, the court not being in session, is a sufficient, presentation of the petition to give the court jurisdiction over it. (Jermyn's Election Expenses, 57 Pa. Super. Ct. 109.) 485. Decision of Court upon audit subject to appeal- Decisions to be certified to Attorney-General Writ of Quo War- ranto to be Issued Election shall be declared void and office vacant where illegal expenses are incurred To whom decision of court shall be certified. 91 Sees. 485-488 CANDIDATES EXPENSES. The decision of the court upon the audit shall be subject to appeal; but if the court shall decide that any candidate who has been elected has incurred any illegal election expenses, or has consented to the incurring of any illegal election expenses by any person or committee, the court shall certify its decision to the Attorney-General, who shall thereupon cause a writ of quo war- ranto to be used; and if, upon proceedings under such writ of quo warranto, it shall be decided that the candidate in question has incurred any illegal election expenses, or has consented to the incurring of illegal election expenses by any person or com- mittee, his election shall be declared void and his office vacant: Provided, That in the case of candidates elected to the office of Senator or Representative in the General Assembly, the decision of the court shall be certified to the President of the Senate or to the Speaker of the House of Representatives, as the case may be : And provided further, That in the case of any candidate elected to the office of member of the House of Representatives of the United States, the decision of the court shall be certified to the Governor of this Commonwealth, who shall transmit the same to the Speaker of the said House of Representatives. (1906, P. L. 78, 10.) 486. If Court shall decide, upon audit, that illegal election expenses have been incurred, it shall certify its decision to District Attorney, who shall institute criminal proceedings. If the court shall decide, upon the audit, that any person, whether a candidate or not, has incurred illegal election expenses, or has otherwise violated any of the provisions of this act, it shall certify its decision to the district attorney of the county in which such person may reside, and it shall thereupon be the duty of such district attorney to institute criminal proceedings against such person. (1906, P. L. 78, 11.) 487. All quebiAo~c asked must be answered Answer to be used as evidence Except in an action for perjury. < No person shall be excused from answering any question, in any proceedings under this act, on the ground that such answer would tend to incriminate him; but no such answer shall be used as evidence against such person in any criminal action or prose- cution whatever, except in an action for perjury in giving sucn testimony. (1906, P. L. 78, 12.) S488. A candidate's sworn statement of expenses incurred by him having, on petition of five (5) electors, been referred to an auditor, as provided by section 9 of the Act of March 6 1! '06, P L 78 and the candidate having declined to answer relevant questions, held, that section 12, of the act, providing that no person shall be excused from answering any question on the ground that such answer would tend to incriminate him, is c stitutional. (Liebel's Account, 16 D. R. 595.) 92 CANDIDATES EXPENSES SeCS. 489-490-A 489. Secretary of Commonwealth shall furnish all blank forms for statements of candidates and committees To whom Secretary of Commonwealth and County Commissioners shall transmit forms. The Secretary of the Commonwealth shall, at the expense of the Commonwealth, furnish to the county commissioners, blanks, in the form approved by the Secretary and Attorney General, suitable for the statements hereinbefore required. On the receipt of the list of candidates for public offices, before a caucus or primary, or upon the filing of a nomination, before a municipal election, the county commissioners shall transmit to the candidate or candidates put in nomination, or at said primaries, and t the treasurers of political committees, the blanks above described. Upon the filing of a nomination for a State or National election, the Secretary of the Commonwealth shall transmit to the candi- date or candidates put in nomination, and to the treasurer of the political committees, the blanks above described. To any person required to file a statement, such blank shall be furnished upon application therefor. (1906, P. L. 78, 13.) 490. Penalty for incurring illegal election expenses. Any person who shall incur any illegal election expenses, or otherwise violate any of the provisions of this act, shall be guilty of a misdemeanor; and, upon conviction thereof, shall be pun- ished by a fine of not less than fifty ($50.00) dollars or more than one thousand ($1,000.00) dollars, or by imprisonment for not less than one month or more than two years, either or both, at the discretion of the court. (1906, P. L. 78, 14.) 490-A. Corrupt Practices Act of Congress. An Act of Con- gress requires candidates for the office of Senator or Representa- tive in Congress to file, not less than ten days nor more than fifteen days before the day of any primary, special or general election, a full, correct and itemized statement of all moneys and things of value received by him or by anyone for him with his knowledge or consent, from any source, in aid or support of his candidacy, together with the names of all those who have furnished the same in whole or in part; and such statement shall contain a true and itemized account of all moneys and things of value given, contributed, ex- pended, used, or promised by such candidate, or by his agent, representative, or other person for and in his behalf with his knowl- edge and consent, together with the names of all those to whom any and all such gifts, contributions, payments, or promises were made for the purpose of procuring his nomination or election. A similar statement must also be filed within fifteen (15) days after the primary and thirty (30) days after a special or general election with the clerk of the House of Representatives or the Secretary of the Senate, as the case may be. (Aug. 19, 1911, 37 Stat. at. L. 25; Aug. 23, 191237 Stat. at L. 360. See also U. S. v. Newberry, , U. S. .) 93 Sec. 491 STATUTES PRIMARIES. PART VII. How can- didates shall be nominated Party officers. May vote for pref erencs for President. Nomination papers. UNIFORM PRIMARIES ACT Approved July 12, 1913, P. L. 719 as amended to 1921. Regulating certain political parties, providing for and regulating the nomination of candidates of such political parties for certain public offices, the election of delegates and alternate delegates to National party conventions, and of certain party officers, including State committeemen; a method whereby electors of such political parties may express their choice of candidates for the office of President of the United States; and the payment by the several counties, and their reimbursement by the State, of the expenses of the same; authorizing the State committee of a political party to make, and to alter, amend, and revoke, rules; and providing penalties for the violation of the provisions of this act, and for the punishment of certain offenses provided for herein; and repealing inconsistent legislation. 491. Sec. 1. [Be it enacted, &c.], That hereafter all candidates of political parties, as herein denned, for the office of United States Senator, for the office of Representative in Congress, for all elective State, county, city, ward, borough, township, school district, and election division or district officers, and for all other elective public offices except that of Presidential elector, shall be nominated, and delegates and alternate dele- gates to National party conventions and State committee- men shall be elected, at primaries held in accordance with the provisions of this act, and in no other manner. All such party officers as are required by the rules of the several political parties to be elected by the vote of the party electors shall be elected at primaries held in accordance with the provisions of this act, excepting members of the National committee, who shall be elected as hereinafter provided. In the years when candidates for the office of President of the United States are to be nominated, every qualified elector of a political party, herein defined to be a political party within the State, shall have opportunity at the primaries held in such years, subject to the provisions of this act, to vote his preference for one person to be the candidate of his political party for President. This act shall not apply to the nomination of candidates to be voted for at special elections to fill vacancies, except when such special election is held at the time of a regular election and such vacancy occurred or existed at least sixty days prior to the regular primary antecedent to such regular election; and nothing herein contained shall prevent any body of electors not constituting a political party from nominating candi- dates by nomination papers, as is now or may hereafter be pro- vided by law. 94 STATUTES PRIMARIES. Sees. 491-492 The State committee of each political party may make such Party rules for the government of such State committee, not incon- rulet * sistent with law, as it may deem expedient; and may also revoke or alter or amend, in any manner not inconsistent with law, any present or future rules of such State committee. National committeemen shall be elected by the State com- National mittee of each respective party, unless the rules of the National Commlttee - party otherwise provided; in which case they shall be elected in the manner provided by the rules of the National party, and all State committeemen shall be elected by Senatorial districts, state Each Senatorial district shall be entitled to elect two members Commlttee - of the State committee, except where a Senatorial district is com- posed of more than one county or part of a county; in which event the electors residing in each county or part of a county embraced in the said Senatorial district shall be entitled to elect one State committeeman. The State committeemen thus elected shall organization meet for organization not later than the fifth Wednesday follow- <* ing their election, at such hour and place as shall be designated by the State chairman of each respective party. The said State Election committeemen of all parties shall be elected at the Spring of 60 * primary. Vacancies happening at any time in the office of National Vacancle- - committeeman shall be filled by the State committee of the respective party, unless the rules of the National party otherwise provide; in which case vacancies shall be filled in the manner provided by the rules of the National party Vacancies happening at any time in the office of State commit- teeman shall be filled by the city or county committee of the respective parties : Provided, That when said vacancy occurs in a county composed of more than one Senatorial district, the members of the city or county committee embraced within the Senatorial district in said county shall elect said committeeman; and when a vacancy occurs in a Senatorial district composed of more than one county or part of a county, the members of the county committee embraced within said county or part of a county shall elect said / committeeman. (As amended 1917, P. L. 244, 1.) 492. Sec. 2. Any party or body of electors, one of whose can- Drfmitton of didates at the general election next preceding the primary polled Jrty C in each of at least ten counties of the State not less than two per centum of the largest entire vote cast in each of said counties for any elected candidate, and polled a total vote in the State equal to at least two per centum of the largest entire vote cast in the State for any elected candidate, is hereby declared to be a political party within the State; and shall nominate all its candidates for party within any of the offices provided for in this act, and shall elect its dele- tke Sut * gates and alternate delegates to the National convention. State committeemen, and also such party officers, including members of the National committee, as its rules provide, shall be elected by a vote of the party electors, in accordance with the provisions of this act. 95 Sees. 492-494 STATUTES PRIMARIES. Any party or body of electors, one of whose candidates at either the general or municipal election preceding the primary polled at least five per centum of the largest entire vote cast for any elected candidate in any county, is hereby declared to be a political party within said county; and shall nominate all its candidates for office in such county and in all political districts within said county, or of which said county forms a part, and shall elect such party officers as its rules provide shall be elected therein, by a vote of the party electors, in accordance with the provisions of this act. 493. Sec. 3. One primary shall be held each year, in every election district of this Commonwealth in which nominations are to be made, or delegates and alternate delegates to National party conventions, State committeemen or party officers, including mem- bers of the National committee, are to be elected as herein pro- vided. The said primaries shall be held on the third Tuesday of September in all odd-numbered years, and on the third Tuesday of May in all even-numbered years. The primary held on the third Tuesday of September shall be known as the Pall primary, and the primary held on the third Tuesday of May shall be known as the Spring primary. Candidates for all offices to be filled at the general election shaft be nominated at the Spring primary. Delegates and alternate delegates to National party conventions, State committeemen , and such party officers, including members of the National commit- tee, as are required by the rules of the several political parties to be elected by a vote of the party electors, shall be elected at the Spring primary, except as otherwise provided in this act. The vote for candidates for the office of President of the United States, as herein provided for, shall be cast at the Spring primary. Candidates for all offices to be filled at the municipal election shall be nominated 'at the Fall primary. (As amended 1919, P. L. 836, 1.) 494. Sec. 4. On or before the ninth Tuesday preceding the Spring primary, the Secretary of the Commonwealth shall send to the county commissioners of each county a written notice desig- nating all the offices for which candidates are to be nominated therein, or in any district of which such county forms a part, or in the State at large, at the ensuing primary, and for the nomination to which candidates are required to file nomination petitions in the office of the Secretary of the Commonwealth, including that of President of the United States; and shall also, in said notice, set forth the number of representatives in Congress and officers of the Commonwealth to be elected at the next succeeding election by a vote of the electors of the State at large, and the number to be elected by a vote of the electors of the county or of any district therein, or of any district of which such county forms a part. On or before the ninth Tuesday preceding the Fall primary, the Secretary of the Commonwealth shall send to the county 96 STATUTES PRIMARIES. Sec. 494 commissioners of each county a written notice designating all the offices for which candidates are to be nominated therein, or in any district of which such county forms a part, or in the State at large, at the ensuing primary, and for the nomination to which candidates are required to file nomination petitions in the office of the Secretary of the Commonwealth, and designating how many persons are to be elected to such offices, respectively, at the next succeeding elec- tion. On or before the ninth Tuesday preceding the Spring primary, the chairman- of the State committee of each political Notice as party, herein defined to be a political party within the State, to delegatei - shall send to the county commissioners of each county a written notice, setting forth the number of delegates and alternate dele- gates to the National convention of such party who are to be elected in the State at large at the ensuing primary, and the number of such delegates and alternate delegates who are to be elected at said primary in such county, or in any district of which such county forms a part. The said notice shall also set forth the number of members of the National committee, if any, who, under the National party rules, are to be elected at the said primary in the State at large, and the number of members of the State com- mittee to be elected at the said primary in such county, or in any district of which such county or part thereof forms a part. On or before the ninth Tuesday preceding the Spring primary, Duty of the chairman of the county, and, in cases where a city is co- SmSttleif. extensive with a county, the chairman of the city committee of each party, shall send to the county commissioners of such county a written notice, setting forth the names of all party offices within the county or city to be filled by election at the ensuing primary. On or before the ninth Tuesday preceding the Fall primary, the Doty of clerks or secretaries of the various cities, boroughs, townships, and 8ecrctariei - school districts, shall, respectively, send to the county commis- sioners of their respective counties a written notice setting forth the names of all city, borough, township, and school district offices for which candidates are to be nominated at the ensuing primary. Beginning not earlier than nine weeks, nor later than eight Duties of weeks, before the primary, the. county commissioners of each cSSmLsione county shall publish the number of delegates and alternate dele- gates to the National convention of each party who are to be elected in the State at large at the ensuing primary, and the num- ber of such delegates and alternate delegates and State commit- teemen who are to be elected at said primary in said county, or in any district of which such county or part thereof forms a part; and shall also publish the names of all offices foi which nominations Publication, are to be made, and the names of all party offices, including that of member of the National committee, if any, and State commit- teemen, for which candidates are to be elected at said primary in said county, or in any district of which such county or part thereof forms a part, or in the State at large. Said notice shall contain the date of the primary, and shall be inserted in two newspapers of 97 Sees. 494-495 STATUTES PRIMARIES. Primary ballot* Instruction*. Form of ballot. general circulation published within the county, wherever such course is possible, at least once each week for three successive weeks. Such newspapers, so far as practicable, shall be repre- sentative of the two different political parties polling the highest vote in such county at the last preceding November election, the highest vote cast within the county for any candidate of a party being deemed to be the vote of that party. (As amended 1915, P. L. 1044, 1.) 495. Sec. 5. Official primary ballots for each party shall be prepared by the county commissioners. These ballots shall be printed on white paper of uniform quality, and shall be uniform in size, style of printing and general appearance. The ballot for each party shall be in the following form: (Name of Party.) Primary Ballot District Ward, City of County of State of Pennsylvania. Primary held on the day of , 19. .. Make a cross (X) in thr square to the right of each candidate for whom you wish to vote. If you desire to vote for a person whose name is not on the ballot, write or paste his name in the blank space provided for that purpose. President of the United States (Vote for one.) John Doe Richard Roe Toh.i Stiles. United States Senator. (Vote for one.) John Doe Richard Roe John Stiles. 98 STATUTES PRIMARIES. Sec. 495 Governor. (Vote for one.) John Doe Richard Roe John Stiles . ~ Representative in Congress at Large. (Vote for ) John Doe Richard Roe John Stiles Representative in Congress. District. (Vote for one.) John Doe Richard Roe John Stiles Delegate at large to National Convention. (Vote for ) John Doe (Promises to support popular ehotce of party in the State for President.) John Stiles (Does not promise to support popular choice of party in the State for President.) Sec. 495 STATUTES PRIMARIES . Delegate to National Convention District. (Vote for ) John Doe (Promises to support popular choice of party in District for President.) John Stiles (Does not promise to support popular choice of party in District for President.) State Senator District. (Vote for one.) John Doe Richard Roe John Stiles State Committeeman. (Vote for ) John Doe Richard Roe John Stiles District Attorney. (Vote for one.) John Doe Richard Roe John Stiles 100 J 1 > * J . > > I J *'** STATUTES PRIMARIES. Sec. 495 Party Committeemen. (Vote for ) John Doe. Richard Roe John Stiles Under each group of names of candidates shall be printed as Blank space*, many blank spaces, defined by light lines or rules three-eighths of an inch apart, as there are to be candidates nominated for such office. On the back of such ballot shall be printed in prominent type Printing the words, " Official primary ballot of Party, " * back * and there shall also appear on the back of such ballot the fac- simile signatures of the county commissioners of the county. The ballot shall vary in form only as the names of districts, Form, offices, candidates or the provisions of this act may require. Immediately after the last day fixed for filing of such nomination N petitions with them, the Secretary of the Commonwealth or the county commissioners, as the case may be, shall fix a day for the casting of lots for the position of names upon the primary ballot and shall give notice to the candidates to appear before them for that purpose. Such candidates shall appear in person or by agent duly authorized by letter of attorney, signed and acknowledged by an officer empowered to take acknowledgments. In the event of any said candidates not being present in person or by representa- tive at the time of casting of lots, it shall be the duty of the Secre- tary of the Commonwealth or the county commissioners to appoint some person to represent such absentee. After said lots are cast, the Secretary of the Commonwealth or the county commission- ers, as the case may be, shall establish the order in which the names of said candidates are to appear upon the primary ballot and to certify the same for printing upon the official primary ballot. (Partly amended 1921, P. L. , Act No. 283, 1.) Opposite or under the name of each candidate, except can- Na didates for the office of President of the United States, who is du to be voted for by the electors of more than one county, shall be printed the name of the county in which such candidate resides; and opposite or under the name of each candidate who is to be voted for by the electors of an entire county, or any Congressional, Senatorial, or Representative district within the county, shall be printed the name of the township, borough, or ward, and city, as the case may be, in which such candidate resides. If two or more candidates for the same office shall have the same surname, or similar surnames, the county commissioners 101 Sees. 495-496 STATUTES PRIMARIES. How to vote Piling of nomination Affidavit, Signers may not sign more than one petition for same Qualification! of signers. Requirement*. Time of signing. Affidavit. shall, upon the request of any of said candidates filed in writing not later than five days after the last day for filing nomination petitions, print the occupation of any such candidate, so filing a request, on the ballot opposite or under his name. The voter may designate his choice as is indicated by the instructions shown on the form of ballot above set forth. If he shall vote for more persons for any office than there are can- didates to be nominated or elected for such office, or if for any reason it may be impossible to determine his choice for any office, his ballot shall not be counted for such office, but the rest of hit ballot, if properly marked, shall be counted. No ballot shall be rejected for any technical error which does not render it impossible to determine the voter's choice. (As amended 1915, P. L. 1025, 1.) 496. Sec. 6. The names of candidates for nomination as Presi- dent of the United States, and the names of all other party candi- dates, shall be printed upon the offiqial ballot of a designated party, upon the filing of nomination petitions in their behalf signed by qualified electors of the State, or of the political district or division, as the case may be, within which the nomination is to be made or election is to be held, and the filing of affidavits by the candidates as provided in this act; and the names of no candidates shall be printed upon an official ballot of a political party, to be used at any primary, unless such petitions shall have been filed, and unless such candidates, except they be candidates for the office of President of the United States, shall have filed affidavits as hereinafter provided. (a) Each signer of a nomination petition shall sign but one such petition for each office to be filled, and shall declare therein that he is a member of the party designated in such petition: Provided, however, That where there are to be elected two or more persons to the same office, each signer may sign petitions for as many candidates for such office as, and no more than, he could vote for at the succeeding election. He shall also declare therein that he is a qualified elector of the county therein named; and, in case the nomination is not to be made or candidates are not to be elected by the electors of the State at large, of the political district or division therein named, in which the nomination is to be made or the election is to be held. He shall add his occupation and residence, giving city, borough, or township, with street and number, if any, and shall also add the date of signing. No nomina- tion petition shall be circulated prior to forty (40) days before the last day on which such petition may be filed, and no signature shall be counted unless it bears date within forty (40) days of the last day for filing the same. Said nomination petition may be on one or more sheets, and different sheets must be used for signers resident in different counties. Each sheet shall have appended thereto the affidavit of some person not necessarily a signer and not necessarily the same person on each sheet setting forth that the affiant is a qualified elector of. the State, or of the political district or division, as the 102 STATUTES PRIMARIES. Sec. 496 case may be, referred to in said petition; his residence, giving city, Content, borough, or township, with street and number, if any; that the affidmvit - signers signed with full knowledge of the contents of the petition; that their respective residences are correctly stated therein; that they all reside in the county named in the affidavit, and that each signed on the date set opposite his name; and that to the best of affiant's knowledge and belief the signers are qualified electors and members of the designated party of the State, or of the political district or division, as the case may be. (b) Each candidate for any State, county, or city office file, with his nomination petition, his affidavit stating his resi- dence, with street and number, if any, and his postoffice address, his election district, the name of the office for which he consents to be a candidate, that he is eligible for such office, and that he will not knowingly violate any election law, or any law regulating and limiting nomination and election expenses and prohibiting corrupt practices in connection therewith: Provided, That in no event shall any person's name be printed upon the official ballot of any party as a delegate, State committeemen, National committee- man or party officer, unless he is a qualified elector of said party. In the case of a candidate for nomination as President of the Bxccptlo tur public inspection at the office of the county commissioners as to P ubh< soon as they receive same from the judges thereof. The county commissioners shall provide a convenient public place for holding the sessions of the return board, whoever may return compose it as aforesaid, with adequate accommodations for the authorized representatives of each party and candidate concerned in any such primary, not exceeding two such representatives for en j t d i each of them at any one time, to attend and to keep or check up * their own computations of the votes cast in the several election districts as the returns from the same are read as hereinafter directed; and the county commissioners shall give at least one week's previous notice by advertising once in at least two news- papers of a large paid circulation, published at the county-seat, of the time aforesaid and place when and where such return board will commence and hold its sessions, and keep copies of such advertisement posted in their office during said period. Ill Sec. 504 STATUTES PRIMARIES. Blank forms of returns. Employes of return board to be sworn. Reading and comparison of returns and commissioners' At noon on the Friday following any such primary the county commissioners shall have ready a sufficient number of blank forms of returns, made out in a proper manner and headed as the nature of the ballots may require, for making out full and fair statements of all votes which shall have been given, within the county or any political district therein, according to the returns from the several election districts thereof, for any person voted for therein for any party nomination or party office. All the clerks of the county commissioners and other persons assisting in the official computation and canvassing of the votes shall be first sworn to perform their duties impartially, and not to read, write, count, or certify any return or vote falsely or fraudulently. The general returns made by the election officers, as aforesaid, from the various election districts shall be read one after another in the usual order, slowly and audibly, by one of the clerks, who shall in each case read therefrom the number of ballots of each party -issued, spoiled, and canceled, and cast respectively, where- upon the clerk having charge of the records of the county com- missioners showing the number of ballots of each party furnished for each election district and the number of stubs and unused ballots and spoiled and canceled ballots returned, shall publicly announce the number of same respectively; and unless it appears by said numbers or calculations therefrom that said records and the said general return correspond, no further returns shall be read from the latter until all the ballots issued are fully accounted for; and all the stubs and unused ballots, spoiled and canceled ballots, as well as the other election returns aforesaid, shall be open to public inspection, and shall be carefully preserved, to- gether with the contents of the ballot-box, by the county com- missioners for at least eleven months, and not destroyed in any event without the previous consent in writing by the district attorney. None of the envelopes sealed by election officers and entrusted to the judges of election shall be opened by any person, except by order of the return board or of the court of common pleas. When the records agree with the said returns regarding the ballots, the votes recorded for each candidate on each party ticket shall be read by the said clerk slowly, audibly, and in an orderly manner, from the said returns, and the figures announced votes recorded, shall be compared by other clerks with the return sheets of each party for the respective districts, and discrepancies shall be immediately called to the attention of the return board, which shall thereupon compare said return sheets with the tally papers for the same election district respecting the same candidates or party ballots; and if the tally papers and party return sheets agree, the general return shall be forthwith corrected to conform thereto; but, in every other case, the return board shall forth- with cause the ballot-box of such division to be brought before it, 112 Failure of returns and records to cor- respond. Preservation of stubs and unused and spoiled ballots. Opening of sealed envel- opes. records. STATUTES PRIMARIES SeCS. 504-505 and opened under its direction, and the ballots therein recounted Opening of respecting any vote in question, in the presence of representatives canvass party and candidate interested who are attending the of each of such votes; and if such recount shall not be sufficient to correct the error in any of the said returns, the return board Recount of may summon the election officers and overseers, if any, to appear ballots - forthwith, with all election papers in their possession, and the court of common pleas shall use its processes to enforce such summons, if necessary; and, if any error or fraud is discovered, the return board shall compute and certify the votes justly] regardless of any fraudulent or erroneous returns presented to it! Ducovery of and report the facts to the district attorney of the proper county fraud *" for action in cases that appear to warrant same. As the returns from each election district are read, computed, and found to be correct or corrected as aforesaid, they shall be recorded on the blanks prepared for the purpose of casting up the Recordl total vote of each candidate on each party ticket, until all the return*." 1 returns from the various election districts which are entitled to be counted shall have been duly recorded, when they shall be added together, announced, and attested by the clerks who made and computed the entries respectively, and at the expiration of five days after the completion of said computation, the return board shall certify the several returns accordingly to the county Attestatloa commissioners, unless, upon appeals taken from any decision, the Certification court of common pleas shall have directed any returns to teSSSSnST" revised, in which case such returns shall be revised and certified accordingly. (As amended 1921, P. L. , Act No. 282, 1.) 505. Sec. 15. Any election officer or clerk of election or clerk Cr{m fi 6 of the county commissioners or other person who knowingly 1 * inserts or knowingly permits to be inserted any fictitious name, false figure, or other fraudulent entry on or in any assessor's list, register, list of voters, affidavit, tally paper, return sheet, state- ment certificate, or oath, voucher, ballot, or other record or document, authorized or required to be made, used, signed, returned, or preserved for any public purpose in connection with any primary, or who materially alters or intentionally destroys any entry which has been lawfully made therein, except by public order of the county commissioners, prothonotary, or of the court of common pleas, or who takes or removes any such book, affidavit, return, ballot, or other document or record from the custody of any person having lawful charge thereof in order to prevent the same from being used or inspected or copied as required or permitted by law, or who neglects or refuses to deliver the same into the custody of the officials who are or hereafter may be required by law to use or keep the same, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sen- tenced to pay a fine not exceeding one thousand dollars, or to undergo an imprisonment for a period not exceeding three years, or both, in the discretion of the court. 113 Sec. 505 STATUTES PRIMARIES. Opening of ballot-boxes and recounting votes at request of electors. eata from Upon petition and the sworn affidavit of three qualified elec- tors of any election precinct, division, or district of any county that, upon information which they consider reliable, they believe an act of fraud or error, although not manifest upon the general return of votes made therefrom, has been committed therein, the court of common pleas may, at any time prior to the comple- tion of the computation and canvassing of all the returns for the county, open the ballot-box of such election district, and cause the entire vote thereof to be recounted in manner aforesaid, and if the court discovers any fraud or material error, it shall correct, compute, and certify the votes of such election district justly, re- gardless of any fraudulent or erroneous returns made by the election officers thereof, and correct any entries previously made in the papers being prepared by the return board accordingly. Any person aggrieved by any order or decision of any return board, not consisting of a judge or judges of the court of com- mon pleas, regarding the computation or canvassing of the returns, or by any refusal to open the ballot-box of any election district upon a proper petition as aforesaid, may appeal there- from, within two days thereafter, to the court of common pleas of the proper county, setting forth why he feels that an injustice has been done, and praying for such order as will give him relief, and, upon the payment to the prothonotary of a fee of three dollars for filing such appeal, a judge of the said court shall fix a time and place for hearing the matter in dispute within three days there- after, of which due notice shall be served, with a copy of said appeal, by the appellant upon one of the return board whose action is complained of, and upon every attorney who opposed the contention of the appellant before such return board, and upon any other person that said judge shall direct, at least two days before said matter shall be reviewed by the court, and proof of such notice or the waiver thereof, must be filed therein before any appeal is sustained. The court on such appeal and upon the opening of any ballot box shall have full power and authority to hear and determine all matters pertaining to any fraud or error com- mitted in any election district to which such appeal or petition to open the box relates, and to make such decree as right and justice may require, and, pending such appeal or the opening of any ballot box, the return board shall suspend any official certification of the votes cast in such election district, but none of the orders or decisions of either the return board or any judge or judges acting as a return board or the court of common pleas on any appeal or the opening of any ballot box shall be deemed a final adjudication regarding the results of any primary election so as to preclude any contest thereof. Contests of primaries shall originate and be conducted as in cases of elections. No appeal shall be allowed from any decision of any judge or judges acting as a return board or from any order or decree of the court of common pleas made in pursuance of this section; and the said court may compel the appellant or any opposing party, other 114 STATUTES PRIMARIES SeCS. 505-507 than the commissioners or prothonotary, to pay all the witness fees, if any, and other legal costs of rehearing any matter in dispute which costs may be taxed by the prothonotary in the usual manner (As amended 1921, P. L. , Act No. 420, 1.) 506. Sec. 16. The county commissioners shall make the proper certificate certification of returns of votes cast for the candidates of the ofreturn - various political partbs for nomination for the office of Presi- dent of the United States, Senator of the United States, member of the House of Representatives of the United States, for all State offices, for the office of delegate and alternate delegate to a National party convention, and member of the National committee, and members of the State committee, to the Secretary of the Com- Tabulation monwealth, who shall tabulate the same and shall certify to the county commissioners of the respective counties the result of the computation of the vote for all such offices as shall be voted for at the succeeding election, at least thirty days prior to the date of such election; and shall also certify, within said time, to said county commissioners, the names of the Presidential electors chosen and certified to him as hereinafter provided. The Secretary of the Commonwealth shall forthwith prepare a statement of statement from said returns, showing the total number of votes Sf(3 cast in the State, and in each Congressional district of the State, weahh - for each candidate of each political party for nomination as President of the United States, and shall make public announce- ment thereof. He shall also, forthwith, send a duplicate of such statement to the county commissioners of each county. The Secretary of the Commonwealth shall also, forthwith, ascertain from said returns the persons in each political party who have been duly elected as delegates and alternate delegates to the National convention of such party, and 'the persons in each party who have been duly elected members of the National com- mittee or State committee of the party; and shall forthwith issue to each of such persons a certificate of election, which certificate of election, in the the case of delegate and alternate delegate to a National party convention, shall show the number of votes received in the State, or in the political district of the State, as the case may be, by each candidate of such delegate's and alternate delegate's political party for nomination as President of the United States. The Secretary of the Commonwealth shall also certify to the State chairman of each respective party the votes cast for each candi- date for the office of State committeeman. 507. Sec. 17. Candidates of the various political parties for nomination as herein provided for, except for the office of the President of the United States, who receive a plurality of votes *5^g . of their party electors in the State, or in the political district p} u v r jjy or division, as the case may be, at a primary, together with theJhaVbTthe candidates for the office of Presidential elector nominated as here- c * ndi inafter provided, shall be the candidates of their respective parties, 115 Sec. 507 STATUTES PRIMARIES. and it shall be the duty of the proper officers to print their names upon the official ballots for use at the succeeding election, as is now or may hereafter be required by law. The name of the person, in each political party, who receives at a primary a plurality of the votes of such party in the State at large for United States Senator, shall be printed upon the official ballots for use at the succeeding election as the candidate of his party for said office under the heading "United States Senator." Candidates of the various political parties for the office of delegate and alternate delegate at large to a National party convention, who receive a plurality of the votes of their party electors in the State at large, shall be the duly elected delegates and alternate delegates at large to the National convention of their respective parties. Candidates of the various political parties for the office of delegate and alternate delegate, other than delegate and alternate delegate at large, who receive a plurality of the votes of their party electors in the political district or divi- sion in which they are candidates, shall be the duly elected dele- gates and alternate delegates to the National convention of their respective parties. Candidates of the various political parties for the office of member of the State committee or for the office of member of the National committee, in cases where the rules of the party provide that such office shall be filled by a vote of the party electors, who receive a plurality of the votes of the party electors at a primary, shall be the duly elected members of the State or National committee, as the case may be, of their respective parties. Candidates for other party offices, who receive a plurality of Tie votes. the votes of the party electors at a primary, shall be the party officers of their respective parties. In case of a tie, the candidates receiving the tie vote shall cast lots before the county commissioners or the Secretary of the dJdded Commonwealth, as the case may be, on the third Friday after the primary, and the one to whom the lot shall fall shall be entitled to the nomination or election: Provided, however, That in any case where the fact of a tie vote is not authoritatively determined until after the third Wednesday after the primary, the day for casting lots shall be the second day after the fact of such tie vote is authoritatively determined. If any candidate or candidates receiving a tie vote fail to appear before twelve o'clock noon on said day, the county commissioners or the Secretary of the Commonwealth, as the case may be, shall cast lots for him or them. For the purpose of casting lots any candidate may appear in person, or by proxy appointed in writing. when vacancy Where a nomination petition has been duly filed under the before provisions of this act, and thereafter and before the day of the primary the candidate named in said petition dies, the original 116 primary. STATUTES PRIMARIES SeCS. 507-510 signers of said petition, or the majority of them, may sign another petition, proposing a new candidate for said office, at any time prior to the printing of the ballot. Said petition filed shall have the same force and effect as the original petition. Vacancies happening or existing after the date of the primary v*cancie may be filled in accordance with the party rules, as is now or may primary hereafter be provided for by law. 508. Sec. 18. The nominee of each political party for the office of President of the United States shall, within thirty days after candidate, for his nomination by the National Convention, nominate as many Pr-ident'to 01 persons to be the candidates of his party for the office of Presi- SSi! e dential elector as the State is then entitled to. If, for any reason, the nominee of any political party for the office of President of the United States fafls or is unable to make the said nominations within the time herein provided, then the nominee of such party for the office of Vice President of the United States shall, as soon as may be possible after the expiration of said thirty days, make the nominations. The names of such nominees, with their post-office addresses, certification shall be certified immediately to the Secretary of the Common- wealth by the nominee for the office of President or Vice-President, as the case may be, making the nominations. Vacancies happening or existing after the date of nomination Vacancies of presidential electors shall be filled by the nominee for the office Secton? 1 * 1 of President or Vice-President making the original nomination. Nominations made to fill vacancies shall be certified to the Secre- tary of the Commonwealth in the manner herein provided for in the case of original nominations. 509. Sec. 19. Any of the candidates for nomination, including withdrawal candidates for President of the United States, to be voted for at <* candidate.. a primary under this act, may, at any time before four o'clock of the Friday next succeeding the last day fixed for filing nomina- tion petitions, withdraw his name as a candidate, by a request in writing, signed by him and acknowledged before a notary public or justice of the peace, filed with the Secretary of the Commonwealth, if such candidate filed his nomination petition with the Secretary of the Commonwealth, and in all other cases with the county commissioners. The Secretary of the Commonwealth, upon the filing of requests Certification. for withdrawal in the manner herein provided, shall forthwith certify to the county commissioners of the proper county a correct list of candidates filing such requests. 510. Sec. 20. Upon the petition of five or more citizens, who o veneer, at are lawful voters of any election district, setting forth that the prim * r7 - appointment of overseers is a reasonable precaution to secure the purity and fairness of the primary in said district, it shall be the duty of the court of common pleas of the proper county, in its discretion, to appoint two overseers of election in said district, who shall be entitled to remain within the polling place during the casting and counting of the ballots. 117 Sees. 511-513 STATUTES PRIMARIES. Watch era. Election officers. Misdemeanor. Threaten watches* or overseers a misdemeanor. Penalty. Unqualified signers to petitions guilty of misdemeanor. Penalty. False state- ment In Affidavit. 511. Sec. 21. Each candidate shall be entitled to appoint two watchers at the primary in each election district, division, or pre- cinct in which such candidate is to be voted for, who shall be qualified electors of the district, division, or precinct. Each watcher shall be provided with a certificate from the county commissioners, stating his name, the district in which he is author- ized to act, and the name of the candidate appointing him, and shall have the right to remain in the room outside of the enclosed space. Watchers shall be required to show their certificates when requested to do so. If any election officers officiating at any primary shall refuse to permit a watcher appointed under the provisions of this act to be present as herein provided, such officer or officers shall be guilty of a misdemeanor, and on conviction thereof shall be sentenced to pay a fine not exceeding one thousand ($1,000.00) dollars, or to undergo an imprisonment not exceeding one year, or both, in the discretion of the court. 512. Sec. 22. Any person or persons who, by violence or intimidation, shall threaten or drive away said watchers or over- seers, shall be guilty of a misdemeanor, and on conviction thereof shall be sentenced to pay a fine not exceeding one thousand ($1,000.00) dollars, or to undergo imprisonment for a period not exceeding one year, or both in the discretion of the court. 513. Sec. 23. If any person shall knowingly and wilfully sign any nomination petition without being qualified, with respect to age, sex, residence, and citizenship to be an elector of the State, or of the political district or division, as the case may be, named in said petition, and a resident of the county named on the sheet which he signs; or if any person shall set opposite a signature on a nomination petition a date other than the actual date such signature was affixed thereto; or if any person shall set opposite a signature on the nomination petition a false statement of the signer's place of residence; or if any person shall sign more nomi- nation petitions than permitted by the provisions of this act, he shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine of not more than one hundred ($100.00) dollars. If any person shall knowingly make a false statement in any affidavit required by the provisions of this act, to be appended to or to accompany a nomination petition, or if any person shall fraudulently sign any name not his own to any nomination peti- tion, or if any person shall fraudulently alter any nomination petition without the consent of the signers, he shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine of not more than five hundred ($500.00) dollars, or to undergo imprisonment for not more than one year, or either or both, at the discretion of the court. 118 STATUTES PRIMARIES. SeCS. 513 Any person who shall vote or attempt to vote more than once illegal at a primary shall be guilty of a misdemeanor, and upon con- vo * ing viction thereof shall be sentenced to pay a fine not exceeding five hundred ($500.00) dollars, or to undergo imprisonment for a period not exceeding three years, or either or both, at the dis- cretion of the court. Any person who votes or attempts to vote at a primary, knowing that he does not possess the qualifications of a voter at such primary as indicated by this act, or who shall have unlaw- fully in his possession an official ballot outside the polling place, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine not exceeding one thousand ($1,000.00) dollars, or to undergo an imprisonment for a period not exceeding one year, or either or both, in the discretion of the court. Any voter who, for the purpose of securing assistance in mark- Pake ute- ing his ballot, shall falsely make oath or declare that he cannot StiSi eclire read the names on the ballot, or that by reason of physical dis- ability he is unable to mark his ballot; or who, without having made the affidavit provided for in this act, that he cannot read the names on the ballot, or that by reason of physical disability he is unable to mark his ballot, shall permit another to accompany him into the voting compartment, or shall permit another person to mark his ballot for him; or any person who shall assist a voter in marking his ballot contrary to the provisions of this act, or who shall attempt to influence the vote of the voter whom he is assisting, or who shall mark a ballot in any other way than that requested by the voter whom he is assisting, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine not exceeding five hundred ($500.00) dollars, or to penahy< undergo imprisonment for a period not exceeding one year, or either or both, at the discretion of the court. No police officer in commission, whether in uniform or in Police citizens' clothes, shall be within one hundred feet of a polling officer, place during the conduct of a primary, unless in the exercise of his privilege of voting, or for the purpose of serving warrants, or in case of disturbance of the peace; and any police officer being so present within one hundred feet of a polling place, during the conduct of a primary, except for the purposes specified, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine not exceeding five hundred ($500.00) Penidty dollars, or to undergo imprisonment for a term not exceeding one year, or either or both, at the discretion of the court. Any person who shall accompany a voter into a voting IllegaJ compartment without the said voter having first made affidavit, assistance. as provided in this act, that he cannot read the names on the ballot, or that by reason of physical disability he is unable to mark his ballot; or who shall accompany a voter into the voting com- partment, when the affidavit which the voter has made is false, to the knowledge of such person; or any judge of election who 119 Sec. 513 STATUTES PRIMARIES Penalty. Election officers violating law. Penalty. shall fail to properly file and return affidavits and other papers required by this act or by law to be filed and returned to the county commissioners, shall, for each such offense, be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine not exceeding one thousand ($1,000.00) dollars, or to undergo imprisonment for a period not exceeding two years, or either or both, at the discretion of the court. Any election officer who permits a person to vote at any primary with the knowledge that such person is not so entitled to vote, or refuses to permit any lawfully entitled elector to vote at such primary, with the knowledge that such person is entitled to vote, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine not exceeding five hundred ($500.00) dollars, or to undergo imprisonment for a period not exceeding three years, or either or both, at the discretion of the court. Any election officer or clerk who shall be guilty of any wilful fraud in the conduct of his duties at a primary, or who shall make Misdemeanor, a false return of the votes cast at such primary, or who shall deposit fraudulent ballots in the ballot box, or who shall certify as correct a return of ballots in the ballot box which he knows to have been fraudulently deposited therein, or who shall write false names in the lists of voters for the purpose of concealing the deposit of such fraudulent ballots or of aiding in the perpe- tration of such fraud, or who shall conspire with others to commit any of the offenses herein mentioned, shall be guilty of a misde- meanor, and upon conviction thereof shall be sentenced to pay a fine not exceeding five hundred ($500.00) dollars, or to undergo imprisonment for a period not exceeding three years, or either or both, at the discretion of the court. Any election officer who refuses to permit a person to receive the party ballot for which he asks, after having executed the affidavit herein provided for, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine not exceeding one thousand ($1,000.00) dollars, or to undergo an Penalty. imprisonment not exceeding two years, or either or both, in the discretion of the court. Misdemeanor. Any person who shall, directly or indirectly, give, or promise or offer to give, any gift or reward in money, goods, or other valu- able thing, to any person, with intent to induce him to vote or refrain from voting for any particular candidate or candidates at any primary; or shall, directly or indirectly, procure for, or offer or promise to procure for, such person, any such gift or reward, with the intent aforesaid; or shall, with the intent to influence or intimidate such person to give his vote or to refrain from giving his vote for any particular candidate or candidates at any primary, give to or obtain for, or assist in obtaining for, or offer or promise to give to or obtain for, or assist in obtaining for, such person, any office, place, appointment, or employment, public or private; or threaten such person with dismissal or discharge from any 120 Penalty. Misdemeanor. STATUTES PRIMARIES SeCS. 513-515 office, place, appointment, or employment, public or private, then held by him, the person so offending shall be guilty of a misdemeanor, and on conviction be sentenced to pay a fine not exceeding five hundred ($500.00) dollars, or to undergo imprison- PeM aty. ment for a period not exceeding three years, or either or both, at the discretion of the court. Except as modified by the terms of this act, election officer! * tlon and clerks shall be subject to the same pains and penalties for violations or neglect of their duties at a primary as they are or hereafter may be subject to for violations or neglect of such duties at elections. In all other respects, officers and clerks officiating at primaries shall be subject to the pains and penalties provided by law for offences committed at primaries. The existing laws realting to bribery at primaries, except as modified by the terms of this act, shall continue in force, and shall apply to bribery at primaries as provided by this act. 5 14. Sec. 24. The invalidity of any portion of this act shall i no wise effect the validity of any other portion thereof which can be given effect without such invalid portion. 515. Sec. 25. That the following acts of Assembly; namely, An act of Assembly, entitled "An act providing a uniform method of electing certain party officers and delegates to the State and National conventions, and of making nominations for certain public offices; providing for the payment of the expenses of the same; making certain violations thereof misdemeanors, and pre- scribing penalties for the violation of its provisions," approved the seventeenth day of February, Anno Domini one thousand nine hundred and six, and; An act of Assembly, approved the twenty-second day of May, Anno Domini one thousand nine hundred and seven, entitled "An act to amend section twelve of an act, entitled 'An act pro- viding a uniform method of electing certain party officers, and delegates to the State and National conventions, and of making nominations for certain public offices; providing or the payment of the expenses of the same; making certain violations thereof misde- meanors, and prescribing penalties for the violation of its pro- visions,' approved the seventeenth day of February, Anno Domini one thousand nine hundred and six;" and An act of Assembly approved the sixth day of April, Anno Repeal. Domini one thousand nine hundred and eleven, entitled "An act to amend sections two, three, ten, and eleven of an act, entitled 'An act providing a uniform method of electing certain party officers, and delegates to the State and National conventions, and of making nominations for certain public offices; providing for the payment of the expenses of the same; making certain viola- tions thereof misdemeanors, and prescribing penalties for the violation of its provisions,' approved the seventeenth day of February, Anno Domini one thousand nine hundred and six, by providing for only one primary election each year, in place of two; fixing the time for holding the same; providing what political 121 Sees. 515-516 STATUTES PRIMARIES. party shall be entitled to participate therein, and what voter shall be entitled to participate in such primary; fixing the time for the election of party officers, and changing time for the certify- ing by the Secretary of the Commonwealth of the computation of the vote for State offices;" And all other acts or parts of acts, inconsistent with this act, be and the same are hereby repealed: Provided, however, that the repeal of said acts shall not in any way interfere with or affect any proceeding pending at the date of the approval of this act: And provided further, That nothing herein contained shall repeal any act, or part of act, providing a non-partisan method of nominating or electing candidates for any public office, it being intended that any provisions of this act for the nomination of candidates for any such office shall be suspended while such other act, or part of act, remains in force. This act shall not affect any nominations of candidates for borough and township offices, which have been made prior to the time of the passage of this act. 516. Section 6, July 9, 1919, P. L. 839, That all acts or parts of acts inconsistent herewith be, and the same are hereby repealed: Provided, however, That the repeal thereof shall not affect any act previously done, liability heretofore incurred, or right now accrued or vested, or affect any suit or prosecution, pending or to be instituted, to enforce any such right or penalty or punish any such offense under the authority of such repealed acts or parts of acts in conflict herewith : And provided further, That nothing herein contained shall repeal any act providing a non-partisan method of nominating or electing candidates at any primary, or regulating the manner of printing, furnishing, voting, counting, or preserving the non-partisan ballots or can- vassing or computing the votes cast thereby. 122 STATUTES APPORTIONMENT SeCS. 517-519 517. Apportionment of the State into Representative Con- gressional Districts. For the purpose of electing representatives of the people of Pennsylvania to serve in the House of Representatives in Congress, the state is divided into the following districts: Districts Nos. 1st Phila. Wards, 1, 7, 26, 30, 36, 39, 48. 2nd " " 8,9,10,13,14,15,20,37. 3rd " " 2,3,4,5,6,11,12,16,17,18,19 4th " " 28,29,32,38,47. 5th " " 23,25,31,33,35,41,45. 6th " " 24,27,34,40,44,46. 7th " " 21,22,42,43. 8th Counties, Chester,' Delaware. 9th . " Bucks, Montgomery. 10th Lancaster. llth Lackawanna. 12th " Luzerne, (1921, P. L. , Act No. 216, 1.) 518. Districts No. 13th Counties Schuylkill. 14th " Berks, Lehigh. 15th " Bradford, Pike, Susquehanna, Wayne, Wyoming. 16th " Clinton, Lycoming, Potter, Tioga. 17th........ " Columbia, Montour, North- umberland, Sullivan. 18th " Franklin, Fulton, Huntingdon, Juniata, Mifflin, Perry, Snyder, Union. 19th " Cumberland, Dauphin, Leba- non. 20th. " Cambria. 21st " Bedford, Blair. 22nd . . " Adams, York. 23rd :. " Cameron, Centre, Clearneld, McKean. 24th " Fayette, Somerset. (1921, P. L. Act No. 216, 1.) 519. District Nos. 25th Counties Greene, Washington. 26th " Beaver, Butler, Lawrence. 27th ........ " Armstrong, Clarion, Indiana, Jefferson. 28th " Elk, Forest, Mercer, Vanango, Warren. 123 Sees. 519-521 STATUTES APPORTIONMENT Districts Nos. 29th Counties Crawford, Erie. 30th " Carbon, Monroe, Northampton. 31st " Westmoreland. 32nd Pgh. Wards 21, 22, 23, 24, 25, 26, 27. All boroughs and townships lying north of the Ohio and Allegheny Rivers not included in the 33rd district. 33rd All boroughs and townships lying between the Allegheny and Monongahela rivers and the boroughs of Springdale, Cheswick, Bracken- ridge, Tarentum, the townships of Harrison, Fawn, East Deer, Frazer, Springdale, and the City of McKeesport. 34th Pgh. Wards, 1, 2, 3, 4, 5, 6, 9, 10, 11, 15. 35th " 7, 8, 12, 13, 14, 16, 17, 18, 19,20, and township of Chartiers,(now annexed to City of Pittsburgh) . 36th Cities of Clairton and Duquesne and all bor- oughs and townships lying south of the Ohio and Monongahela rivers, excepting the town- ship of Chartiers (now annexed to City of Pittsburgh). (1921, P. L. , Act No. 216, 1.) 520. Apportionment of the State into Senatorial Districts. The State Senate shall consist of fifty members and the State is apportioned into fifty senatorial districts as follows: District Nos. 1st Phila. Wards, 1, 26, 36, 39, 48. 2nd " " 2,3,4,7,8,9,30. 3rd " " 5, 6, 10, 11, 12, 13, 14, 16, 18. 4th " " 24,27,34,40,44,46. 5th " " 17,19,20,31,37. 6th " " 21,22,38,42. 7th " " 15,28,29,32,47. 8th " 23, 25, 33, 35, 41, 43, 45. 9th Counties, Delaware. 10th " Bucks. llth Berks. 12th Montgomery. (1921, P. L. , Act No. 217, 1.) 521. Districts Nos. 13th Counties, Lancaster, All that part not included in the 17th districts. 14th " Carbon, Monroe, Pike, Wayne. 15th*. " Dauphin. 16th " Lehigh. 124 STATUTES APPORTIONMENT SeCS. 521-522 Districts Nos. 17th Counties Lebanon and the boroughs of Adamstown, Akron, Columbia, Denver, Elizabethtown, Eph- rata, Lititz, Manheim, Mariet- ta, and Mount Joy, and the townships of Clay, Conroy, East Cocalico, East Donegal, Elizabeth, Ephrata, Mount Joy, Penn, Rapho, Warwick, West Cocalico, West Donegal, and \Vest Hempfield, in the county of Lancaster. 18th Northampton. 19th " Chester. (1921, P. L. , Act No. 217, 1.) 522. Districts Nos. 20th Counties, Luzerne, and the townships of Black Creek, Butler, Conyn- ham, Dallas, Denison, Dor- ranee, Foster, Fairmount, Fair- view, Hazle, Hollenback, Hun- lock, Huntingdon, Lake Leh- man, Jackson, Kingston, Nes- copeck, Plymouth, Ross,iSalem, Slocum, Sugarloaf, Union, and Wright, and the boroughs of Conyngham, Courtdale, Dallas, Dorranceton, Edwardsville, Forty Fort, Freeland, Jeddo, Kingston, Larksville, Nanti- coke, Nescopeck, New Colum- bus, 'Nuangola, Plymouth, Shickshinny, West Hazleton and White Haven, and City of Hazleton. 21st " Luzerne, The residue not included in the 20th district. 22nd " Lackawanna. 23rd " Bradford, Susquehanna, Wy- oming. 24th " Columbia, Lycoming, Mon- tour, Sullivan. (1921, P. L. Act No. 217, 1.) 125 Sees. 523-524 STATUTES APPORTIONMENT 523. Districts Nos. 25th Counties, McKean, Potter, Tioga. 26th " Cameron, Clarion, Clinton, Elk, Forest. 27th Northumberland, Snyder, Union. 28th " York. 29th " Schuylkill. 30th Blair and Huntingdon. 31st " Cumberland, Juniata, MifHin, Perry. 32nd " Fayette. 33rd " Adams, Franklin. 34th " Centre, Clearfield. 35th " Cambria. 36th Bedford, Fulton, Somerset. 37th " Indiana, Jefferson. (1921, P. L. , Act No. 217, 1.) 524. Districts Nos. 38th Pgh. Wards, 1, 2, 6, 9, 16, 17, 18, 19. 39th County, Westmoreland. 40th All the boroughs and townships in that portion of Allegheny County lying north of the Ohio and Allegheny Rivers and the boroughs of East Pittsburgh, East McKeesport, Pitcairn, Turtle Creek, Wall and Wilmerding, and the townships of Braddock, Patton, Plum and Wilkins. 41st Counties, Armstrong, Butler. 42nd Pgh. Wards, 21, 22, 23, 24, 25, 26, 27. 43rd " " 3,4, 5, 7, 8, 10, 15. 44th " " 11, 12, 13, 14, City of McKees- port and all boroughs and townships in that portion of Allegheny County lying be- tween the Allegheny and Mon- ongahela rivers not included in the 40th district. 45th " " 20, and all the boroughs and townships in that portion of Allegheny County lying south of the Ohio and Monongahela rivers. 46th Counties, Greene, Washington. 47th Beaver, Lawrence. 48th " Venango, Warren. 49th " Erie. 50th " Crawford. Mercer. (1921, P. L. Act. No. 217, 1.) 126 STATUTES APPORTIONMENT SeCS. 525-526 525. Apportionment of the State into Representative Districts . The State House of Representatives shall consist of two hundred and eight (208) members and the State shall be apportioned as follows : Philadelphia 41 members 26 districts. 1st District Wards, 1, 39 2 members. 2nd " " 2... 1 3rd " " 3,4,5 2 " 4th " " 6,8,9... '....I 5th " - " 26,36,48 2 6th " ..... " 7 1 7th " " 30 1 " 8th " .<.'.... " 10,13,14 2 " 9th " .-,<;... " 11,12 1 10th " -,-.... " 15 2 " llth " .'.,-... " 17,18 1 12th " " 19 2 13th " " 16,20 2 14th " " 21 1 15th " " 22,42 2 " 16th " " 23,3.5,41 1 17th " " 24,34,44 3 18th " " 25,45 2 19th " " 28,37 2 20th " " .29,47 2 21st " ..... " 27,40,46 2 22nd " ..... " 32 1 23rd " " 38 1 24th " " 33 1 25th " " 43 1 26th " " 31 1 (1921, P. L. , Act No. 218, 1.) 526. Adams County 1 member. Allegheny County 27 members >. 13 districts. 1st District. .Pgh. Wards,!, 3, 5 2 members. 2nd " " " 2,6,9,10 2 3rd '" " 4,15....... 4th " " 7,8,11.. 5t h " 12,13,14 1 6t h " " " 16, 17, 18, 19, 20 and ^ township of Chartiers . 3 (now annexed to City of Pittsburgh.) 7t h " " 22,23,24,25 2 8th - " 21,26,27 2 9th " City of McKeesport 127 Sees. 526-527 STATUTES APPORTIONMENT 10th District Boroughs and townships lying between the Allegheny and Youghiogheny rivers and the boroughs and townships lying between the Youghiogheny and Monongahela rivers 4 members llth Cities of Clairton (Clairton, North Clairton, and Wilson boroughs) ,Duquesne,boroughs of Dravosburg, Hays, Home- stead, Munhall, W. Eliza- beth, W. Homestead and Whitaker, townships of Jeffer- son and Mifnin 2 " 12th " All boroughs and townships south of the Ohio and Monon- gahela rivers not included in the eleventh district, including the township of Neville 4 " 13th Boroughs and townships north of the Ohio and Allegheny rivers 2 " (1921, P. L. , Act No. 218, 1.) 527. Armstrong County 2 members. Beaver County 3 members 2 districts. 1st District Boroughs of Ambridge, Baden, Conway,East Rochester,East- vale, Freedom, New Brighton, Rochester, that portion of the borough of Elwood City lying within the county of Beaver and the townships of Daugher- ty, Economy, Franklin, Har- mony, Marion, New Sewickley , North Sewickley, Pulaski, and Rochester 1 member 2nd " .The residue of the county of Beaver not included in the first district 2 members Bedford County 1 member Berks County 5 members 4 districts. 1st District City of Reading 2 members 2nd " Boroughs of Birdsboro, Mohn- ton, Mount Penn, Shillington, Sinking Spring, West Reading, and Wyomissing, townships of Amity, Brecknock, Caernar- von, Crumru, Douglass, Exe- ter, Lower Alsace, Robeson, Spring and Union 1 member 128 STATUTES APPORTIONMENT SeCS. 527-528 3rd District .... Boroughs of Bernville, Centre- port, Hamburg, Lenhartsville, Robesonia, Wernersville, West Leesport, Womelsdorf and townships of Albany, Bern, Bethel, Centre, Greenwich, Heidelberg, Jefferson, Lower Heidelberg, Marion, North Heidelberg, Penn, Perry, South Heidelberg, Tilden, Tulpe- hocken, Upper Bern, Upper Tulpehocken and Windsor. ... 1 member 4th Boroughs of Bally, Bechtel- ville, Boyertown, Fleetwood, Kutztown, Topton and town- ships of Alsace, Colebrookdale, district, Earl, Hereford,Long- swamp, Maidencreek, Maxa- tawny, Muhlenberg, Oley, Ontelaunee, Pike, Richmond, Rockland,Ruscombmanor and Washington 1 " (1921, P. L. , Act No. 218, 1.) 528. Blair County 3 members 2 districts.. 1st District City of Altoona 1 member. 2nd " .... .Residue of the county of Blair not included in the 1st dis- trict 2 Bradford County 1 Bucks " 2 Butler " 2 Cambria " 5 members 2 districts . 1st District City of Johnstown 2 members 2nd " Residue of the county of Cam- bria not included in the 1st district 3 Cameron County 1 Carbon " 1 Centre " \.. :....! Chester " 3 members 2 districts, 1st District City of Coatesville. Boroughs of Atglen, Avondale, Oxford, Parkesburg, West- grove, and townships of East Fallowfield,East Nottingham, Elk, Franklin, Highland, Lon- don, Britain, London, Grove, Londonderry, Lower Oxford, New Garden, New London, 129 Sees. 528-529 STATUTES APPORTIONMENTS Penn, Upper, Oxford, West Fallowfield, West Marlboro, and West Nottingham 1 member 2nd District Boroughs of Downington, El- verson, Honey brook, Kennett Square, Malvern, Phoenixville, Spring City, and West Chester, and townships of Birmingham, Cain, Charlestown, EastBrad- ford, East Brandywine, East Cain, East Coventry, East Goshen, East Marlboro, East Nantmeal , East Pikeland, East Vincent,East Whiteland, East- town, Honeybrook, Kennett, Newlin, North Coventry, Pennsburg, Pocopson, Sads- bury, Schuylkill, South Coven- try, Thornburg, Tredyffryn, Upper Uwchlan, Uwchlan Val- ley, Wallace, Warwick, West Bradford, West Brandywine, West Cain, West Goshen, West Nantmeal, West Whiteland, Westtown, and Willistown 2 " (1921, P. L. , Act No. 218, 1.) 529. Clarion County 1 member. Clearfield County 2 members 2 districts. 1st District Boroughs of Brisbin, Chester Hill, Clearfield, Houtzdale, Osceola, Ramey, Wallaceton, and townships of Bigler, Boggs, Bradford, Cooper, Covington, Decatur, Girard, Goshen, Graham, Gulich, Jor- dan, Karthaus, Lawrence, Morris, and Woodward 1 member 2nd District City of Du Bois, boroughs of Burnside, Coalport, Curwens- ville, Glen Hope, Grampian, Irvona, Lumber City, Mahaf- fey, Newburg, New Washing- ton, Troutville and Westover, townships of Beccaria, Bell, Bloom, Brady,Burnside, Chest, Ferguson, Greenwood, Hus- ton, Knox, Penn, Pike, Pine, Sandy and Union 1 130 STATUTES APPORTIONMENTS SeCS. 529-530 Clinton County 1 member. Columbia " 1 " Crawford " 1 " Cumberland " 1 " Dauphin " 4 members 2 districts 1st District .City of Harrisburg 2 " 2nd " ]..... Residue of the county of Dau- phin not included in 1st dis- trict 2 " Delaware County 4 members 2 districts. 1st District City of Chester 1 member 2nd " Residue of the county of Dela- ware not included in the 1st district 3 " (1921, P. L. , Act No. 218, 1.) 530. Elk County 1 member. Erie County 4 members 4 districts. 1st District Wards, 3, 4, 6 of the City of Erie as constituted April 1, 1921 1 member. 2nd " Wards, 1, 2, 5 of the City of Erie as constituted April 1, 1921 1 3rd " ..... City of Corry, boroughs of El- gin," North East, Union City, Wattsburg, and Westleyville, and townships of Amity, Con- cord, Greene, Greenfield, Har- bourcreek, North East, Union, Venango, and Wayne 1 4th " Residue of the County of Erie not included in the 1st, 2nd and 3rd districts 1 Fayette County 4 members 2 districts. 1st District BoroughsofFairchance,Mark- leysburg, Masontown, Point Marion, and Smithfield, town- ships of Georges, German, Henry Clay, Luzerne, Menal- len, Nicholson, Redstone, Springhill and Wharton 1 member. 2nd " Residue of the county of Fay- ette not included in the first district , .... 3 || Forest County J Franklin " J Fulton " J Greene " { Huntingdon County * , u Indiana " (1921, P. L. , Act No. 218, 1.) 131 Sees. 531-532 STATUTES APPORTIONMENT 531. Jefferson County 1 member. Juniata " 1 Lackawanna " ... 6 members 6 districts. 1st District Wards, 4, 5, 6, 14, 15, 18, 20, 22 of the City of Scranton .... 1 member 2nd " Wards, 1, 2, 3, 7, 13, 16, 21 of the City of Scranton 1 " 3rd Wards, 8, 9, 10, 11, 12, 17, 19 of the City of Scran- ton 1 4th " Boroughs of Dickson City, Dunmore ,Elmhurst , Oly phant , Throop, and Winton, town- ships of Jefferson, and Roaring Brook 1 5th " City of Carbondale, Boroughs of Archbald, Blakely,Jermyn, Mayfield, andVandling; town- ships of Carbondale, Fell, Greenfield, and Scott 1 6th " Boroughs of Clarks Green, Clarks Summit, Dal ton, Glen- burn, Gouldsboro, La Plume, Moosic, Moscow, Old Forge, and Taylor; townships of Abington, Benton, Clifton, Covington, Lackawanna, Le- high, Madison, Newton, North Abington, Ransom, South Ab- ington, Spring Brook and West Abington 1 (1921, P. L. , Act No. 218, 1.) 532. Lancaster County 4 members 2 districts.. 1st District City of Lancaster 1 member. 2nd " Residue of the County of Lan- caster not included in the 1st district 3 Lawrence County 2 members 2 districts. 1st District City of New Castle 1 member. 2nd " Residue of the County of Law- rence not included in the 1st district 1 Lebanon County 1 Lehigh County 3 members 2 districts. 1st District City of Allentown 2 members. 2nd " Residue of the county of Le- high not included in the 1st district 1 (1921, P. L. , Act No. 218, 1.) 132 STATUTES APPORTIONMENTS SeCS. 533-534 533. Luzerne County 8 members . . . . 7 districts 1st District City of Hazleton, Boroughs of Freeland, Jeddo and West Hazleton, townships of Foster and Hazel 1 member. 2nd Boroughs of Ashley, Conyng- ham, Laurel Run, Nescopeck, Nuangola, Sugar Notch, War- rior Run and White Haven, townships of Bear Creek, Black Creek, Buck, Butler, Deni- son, Dorrance, Fairview, Han- over, Hollenback, Nescopeck, Sugarloaf, Wilkes-Barre and Wright 1 " 3rd City of Pittston, boroughs of Avoca, Dupont, Hughestown, Laflin, Miners Mills, Parsons and Yatesville, townships of Jenkins, Pittston and Plains . . 1 " 4th " Boroughs of Nanticoke, New Columbus and Shickshinny, townships of Conyngham,Fair- mount, Hunlock, Huntington, Newport, Ross, Salem, Slo- cum and Union 1 " 5th Boroughs of Edwardsville, Kingston, Larksville, Ply- mouth, and township of Ply- mouth 1 " 6th Boroughs of Courtdale, Dallas, Dorranceton, Duryea, Exeter, Forty Fort, Luzerne, Pringle, Swoyersville, West Pittston, West Wyoming and Wyoming, townships of Dallas, Exeter, Franklin, Jackson, Kingston, Lake and Lehman 1 7th " ..... City of Wilkes-Barre 2 members (1921, P. L. , Act No. 218, 1.) 534. Lycoming County 2 members. McKean " 1 member. Mercer " 2 members. Mifflin " 1 member. Monroe "' 1 Montgomery County 5 members 3 districts. 1st District Boroughs of Bridgeport, Nar- berth and West Conshohocken and townships of Lower Meri- on, Upper Merion 1 member. 133 Sees. 534-535 STATUTES APPORTIONMENT 2nd District Boroughs of Conshohocken, Norristown and township of Plymouth 1 member. 3rd Residue of the county of Mont- gomery not included in the 1st and 2nd districts ....;.... 3 members. Montour County .1 member. Northampton County 4 members 2 districts. 1st District That portion of the City of Bethlehem in the county of Northampton 1 member. 2nd Residue of the county of Northampton not included in the 1st district 3 members. Northumberland County 3 members 2 districts. 1st District City of Sunbury, boroughs of McEwensville, Milton,North- umberland, Riverside, Turbot- ville and Watsontown, town- ships of Delaware, East Chil- lisquaque, Gearhart, Lewis, Point Rockefeller, Rush, Tur- bot, Upper Augusta, and West Chillisquaque 1 member. 2nd " Residue of the county of North- umberland not included in the 1st district 2 members. (1921, P. L. , Act No. 218, 1.) 535. Perry County 1 member. Pike " 1 fl" j Potter " 1 ||* J Schuylkill " .... 5 members 4 districts. 1st District Boroughs of Frackville, Gil- berton, Mahanoy City, Shen- andoah and townships of De- lano, Mahanoy, andWest Ma- hanoy 1 member. 2nd " Boroughs of Ashland, Girard- ville and Gordan, townships of Barry, Butler, Cass, Eldred, Foster, Hegins, Hubley and Upper Mahantango 1 3rd " Borough of Coaldale, McAdoo, Middleport, New Philadelphia, New Ringgold, Port Clinton, Ringtown, Tamaqua, town- ships of Blythe, East Bruns- wick, East Union, Kline,North Union, Rahn, Rush, Ryan, Schuylkill, Union, Walker, West Brunswick and West Penn . 1 134 STATUTES APPORTIONMENT SeCS. 535-536 4th District City of Pottsville, boroughs of Auburn, Cressona, Landing- ville, Mechanicsville, Miners- ville, Mount Carbon, Orwigs- burg, Palo Alto, Pine Grove, Port Carbon, Saint Clair, Schuylkill, Haven and Tre- mont, townships of Branch, East Norwegian, Frailey, New Castle, North Manheim, Nor- weign, Pinegrove, Porter, Reilly, South Manheim, Tre- mont, Washington and Wayne.2 members. Snyder County ! 1 member. Somerset . . . 2 members. Sullivan 1 member. Susquehanna County 1 " Tioga County 1 " Union " 1 Venango " 1 " Warren " ; 1 " (1921, P. L. , Act No. 218, 1.) 536. Washington County 4 members 2 districts. 1st District Boroughs of Burgettstown, Canonsburg, Claysville, East Washington, Houston, Mc- Donald, Midway, Washington, West Alexander, West Middle- ton, townships of Blaine, Buf- falo, Canton, Cecil, Chartiers, Cross Creek, Donegal, East Finley, Hanover, Hopewell, Independence, Jefferson, Mor- ris, Mount Pleasant, North Franklin, Robinson, Smith, South Franklin, South Stra- bane and West Finley . .2 members. 2nd " Residue of the county of Wash- ington not included in the 1st district 2 (1921, P. L. , Act No. 218, 1.) 537. W T ayne County 1 member. Westmoreland 6 members 2 districts. 1st District Boroughs of Bolivar, Cokeville, Deny, Donegal, Latrobe, Lig- onier, Li vermore, Mount Pleas- ant, New Alexandria, New Florence, Seward and Youngs- town, townships of Cook, Deny, Donegal, Fairneld, Lig- onier, Loyalhanna, Mount Pleasant, Saint Clair and Unity . 3 members. 135 Sees. 537-538 STATUTES APPORTIONMENT 2nd District Residue of the county of West- moreland not included in the 1st district 3 members. Wyoming County 1 member. (1921, P. L. , Act No. 218, 1.) 538. York County 3 members 3 districts. 1st District City of York 1 member. 2nd " Boroughs of Dillsburg, Dover, Franklintown , Goldsboro , Han- over, Hallam, Lewisberry, Manchester, Mount Wolf,New Salem, North York, Spring Grove, Wellsville, West York, Wrightsville and York Haven, townships of Carroll, Cone- wago, Dover, East Manches- ter, Fairview, Franklin, Hei- delberg, Hallam, Jackson, Manchester, Monaghan, New- berry, North Codorus, Para- dise, Penn, Spring Garden, Springettsbury, Warrington, Washington, and West Man- chester 1 member. 3rd District Residue of the Count} 7 of York not included in the first or sec- ond districts 1 (1921, P. L. , Act No. 218, 1.) 136 STATUTES ELECTIONS. SeCS. 539-540 BALLOT LAW Approved June 10, 1893, (P. L. 419) as amended to 1921. PT regulate the nomination and election of public officers, requiring certain expense incident thereto to be paid by the several counties, and punishing certain offenses iu regard to such elections. 539. Sec. 1. Be it enacted, etc., That all ballots cast in elections JSldand dL- f or public officers within this Commonwealth shall be printed and tributed at rub- distributed at public expense as hereinafter provided. The printing sSaiPSacoua- of the ballots and of the cards of instruction for the elections in each tycharge.uuiew county, and the delivery of the same to the election officers as herein- vide* after provided, and all other expenses incurred under the provisions J 8 the?eiti f ol of this act shall be a county charge, unless herein otherwise pro- j>ne8. vided, the payment of which shall be provided for in the same man ner as the payment of other election expenses. It shall be the duty f pe of the Secretary of the Commonwealth to prepare forms for all the f blanks made necessary or advisable by this act, and to furnish copies of the same to the county commissioners of each county, who shall goners. procure further copies of the same at the cost of the county and sioners To" furnish them to the election officers or other persons by whom they JJ are to be used, in such quantities as may be necessary to carry out ty and the provisions of this act. $! 540. Sec. 2. Any convention of delegates, or primary meeting Jri n mJi : of electors, or caucus held under the rules of a political party, or any KJ rd wu a t 8 ho r r board authorized to certify nominations representing a political party tod m to certify which, at the election next preceding, polled at least two per centum J^Jt^SSiini of the largest entire vote for any office cast in the State, or in the two per centum electoral district or division thereof for which such primary meeting, ^a* ^ominaM: caucuSj convention, or board desires to make or certify nominations, may nominate one candidate for each office which is to be filled in the State, or in the said district or division, at the next ensuing election, by causing a certificate of nomination to be drawn up and filed as Certifioate of hereinafter provided. Every such certificate of nomination shall be nomination u signed by the presiding officer and the secretary or secretaries of the convention or primary meeting or caucus or board, who shall add thereto their places of residence, and shall be sworn or affirmed to by ^ them before an officer qualified to administer oaths, to be true to the best of their knowledge and belief, and a certificate of the oath shall be annexed to the certificate of nomination: Provided, That if any F political party has by its rules provided for a registration of candi- dates for nominations, and at the time limited for such registration, or at any subsequent time, by reason of withdrawal or other uae there shall be no more candidates for any office registered or remain -utered than re ing than are to be elected to such office, the person or persons so' * registered or remaining shall be deemed the nominee or nominees, Nominees. with the same effect as if he or they had been nominated by a conven- tion or primary meeting, or caucus or board. And one or more or all of the officers of the committee of such political party with whi Note -In so far as this act refers to nomination see also Primary Aot. 137 Sees. 540-542 STATUTES ELECTIONS. Form of certifl. such registration shall be made, or the officer with whom it is made, cate. shall make a certificate of such nomination in the same manner and with the same effect as if there had been a nomination by a conven- tion or primary meeting or caucus or board. (As amended 1897, P. Nomination L. 179, 1 See Independence Party Nominations, 208 Pa. 108.) p!pj? 8 minfttion 541. Sec. 3. Nominations of candidates for any public office may also be made by nomination papers, signed by qualified electors of the State, or of the electoral district or division thereof for which the nomination is made, Blanks shall be an d filed in the proper office as provided in section five furnished 7 .1 r>i i ^ j? t i , I-M-L the Secretary of this act. Blank forms tor making such nomination shall be weSth Comm n ~ furnished by the Secretary of the Commonwealth, and no other form Number of vot- than the ones so prescribed shall be used for such purposes. Where Jup W for State the nomination is for any office to be filled by the voters of the State affioerg. a t large, the number of qualified electors of the State signing such nomination paper shall be at least one-half of one per centum of the Number of vot- largest vote for any officer elected in the State at the last preceding office!?. 6T election at which a State officer was voted for. In the case of all other nominations, the number of qualified electors of the electoral district or division signing such nomination paper shall be at least two per centum of the largest entire vote for any officer elected at the B1 *tor signing ^ as * P rece ding election in the said electoral district or division far denoeand oocu- which said nomination papers are designed to be made. Each elector oniyone ^ap"? s ^ n i n g a nomination paper shall add to his signature his place of Signatures and residence and occupation, and no person may subscribe to more than be^voSe^for one nomination f r each office to be filled. The signatures to each by affidavit. nomination paper and the qualification of the signers shall be vouched Fire electors for by the affidavit of at least five of the signers thereof, which affi- davit filed with davit shall accompany the nomination paper : Provided, That if five the prothono-of the electors composing any political body making a nomination by certain poiiti- nomination papers shall file with the prothonotary ot the county in cai appellation. w hi cn the nomination paper or papers are to be filed an affidavit set- Subject to this ting forth that they have adopted a certain political appellation to des- And have ex ^ nate ^ir P^ C 7 subject to the limitations of this act regarding the eiSnve ri *lft selection of names, that thereafter such political body shall have the thereto. exclusive right to use the said name or appellation for the election for r rOYlBO. 1-1 i i i i which such nomination or nominations are made, provided that a cer- tificate from the prothonotary setting forth such a compliance with Proviso. the act be filed with the nomination papers filed by such political body : And provided further, That if five electors, composing any political body as hereinbefore provided, shall file an affidavit, as afore- said, setting forth that they have adopted a certain political name or appellation to designate their policy for the purpose of making nomi- officers of nations for war d officers or officers to be elected in any ward, such division thereof affidavit shall give to such body of electors the exclusive right to use the said name or appellation for the nomination of any candidates for any precinct or other subdivision of such ward for the election for which such nominations are made. (As amended 1919, P. L. 855, 1 .) tio^eertiiSitM 542 - Sec.4. All certificates of nomination and nomination papers *ad papers must shall specify : One (1). The party or policy which such candidate JJiio5? partyor represents, expressed in not more than three words; in the case of Note. In so far as this act refers to nomination see also Primary Act. 138 STATUTES ELECTIONS SeCS. 542-544 electors of President and Vice President of the United (States, the Name eto of names of the candidates for President and Vice President shall be " added to the party or political appellation. Two (2). The name of each candidate nominated therein, his Drof ession , business or occupa- tion, if any, and his place of residence, with street and number thereon, if any . Three (3). The office for which such candidate is nominated : Wh Provided, That no words shall be used in any nomination papers to shall not bYuM* describe or designate the party or policy or political appellation Jj pe n r g mination represented by the candidate named in such nomination papers as aforesaid, identical with the words used for the like purpose in cer- tificates of nominations made by a convention of delegates or primary meeting of electors, or caucus held unden the rules of a political party, or any board authorized to certify nominations, representing a polit- ical party which, at the last preceding election., polled two per centum objections as w of the largest vote cast: And provided further, That any objections party or poiiti- filed to a nomination certificate or paper on account of the party or to bedecided Vj political appellation used therein, or involving the right as defined | n 60U {^ co *- by sections two and three of this act, to file such certificate or paper, shall be decided by the court of common pleas on hearing, as herein- after provided. (As amended 1897, P. L. 223, 2.) 543. Sec. 5. Nomination papers for candidates for the offices papers ehaiii* of Presidential electors and members of the House of Repre- IJj^tJJJVJJ! sentatives of the United States and for State offices, including those Commonwealth of Judges, Senators and Representatives, shall be filed with the Secre- ^^ of filing tary of the Commonwealth at least sixty days before the day of election. Nomination papers for candidates for all other offices shall be filed with the county commissioners of the respective counties at least twenty-eight days before the day of the election. ^^ ^^ . g ^ In determining or reckoning any period of time mentioned in this act, be reckoned, the day upon which the act is done, paper filed, or notice given, shall be excluded from, and the date of the election shall be included in the calculation or reckoning. (As amended 1919, P. L.832, 1.) 544. Sec. 6. It shall be the duty of the officer or officers to whom f x Yne ffi S$ any nomination paper is brought for the purpose of filing, to ex- amine the said paper, and if it lacks sufficient signatures, or be other- If defeot i ve . H wise manifestly defective, it shall not be filed, but the action of said shall not be filed officer or officer sin refusing to receive such paper may be reviewed by the court of common pleas of the county upon an application ^on^of ^^ for a mandamus to compel its reception as of the date when it was to review, brought to the office. All nomination papers which have been filed shall be deemed to be valid, unless objections thereto are duly made by writing filed in the court of common pleas of the county in which tions. the paper objected to has been filed, and with the officer or officers with whom such papers have been filed, and within the following periods : First. In the case of papers filed with the Secretary of the Com- mon wealth, at least fifty days before the day of election. Second. In the case of other papers, at least twenty-five days be- fore the day of election. Note. In so far as this act refers to nomination see also Primary Act. 139 Sees. 544-545 STATUTES ELECTIONS Third. In case the co art is in session, one or more judges thereof shall Sroceed to hear such objections without unnecessary adjournment or elay, and shall give such hearing precedence over all other busi- ness before him or them. With respect to paperg filed with the Sec- retary of the Commonwealth, such objections shall be heard and finally determined at least thirty days before the day of the election, and in all other cases at least eighteen days before the day of election. In case the court is not in session, any judge thereof, on the presentation to him of the certificate of the prothonotary that such objections have been filed, shall proceed to hear such objections. No objection of any nature whatever shall be filed, unless accompanied by proof of service of notice of the proposed objection upon at least one of the candidates named in the paper objected to, nor shall any objection be heard in the absence of any of the said candidates without proof of service of notice of the hear- ing upon them. If the court decide that the paper objected to was not filed by parties entitled under this act to file the same, it shall be wholly void; but if it be judged defective only, the court shall indicate the matters in which it requires amendment and the time within which such amendments must be made, and every paper amended after the time when names therein contained should have been sent to the sheriff, shall be subject to the provisions of this act concerning substituted nominations. The officers with whom nomi- nation papers have been filed, shall permit the political parties or bodies who have filed them to amend them of their own motion, at any time prior to the printing of the ballot. (As amended 1919, P. L. 832, 2.) withdrawoi of 545. Sec. 7. Any person whose name has been presented as a candidate. candidate for the office of Presidential elector, Member of the House of Representatives of the United States, or for any State office, in- cluding those of judges, Senators and Representatives, may cause his name to be withdrawn from nomination by request in writing, signed by him and acknowledged before an officer qualified to take acknowl- edgments of deeds, and filed in the office of the Secretary of the Commonwealth at least fifty days previous to the day of the election, and all candidates for other offices, with the county commissioners of the respective counties at least twenty-five days previous to the day of the election; and no name so withdrawn shall be printed upon the ballots. Hearing. Court in ses- sion. Court not in session. Proof of ser- vice of notice. Decision of court. Amendments. Vacancies. Where any office not in court of record shall, for any cause, become vacant after the time for making nominations for such office shall have elapsed, or when a writ for a special election to supply a va- cancy shall direct such election to be held at a date which would prevent the making of nominations in time to comply with section five of this act, nominations for the office to be filled may still be made in accordance with sections two and three of this act, but in other re- spects the provisions of section twelve of this act shall apply to such nominations. (As amended 1919, P. L. 832, 3.) Note. In so far as this act refer* to nomination see also Primary Act. 140 STATUTES ELECTIONS SeCS. 546-548 546. Sec. 8. All certificates of nomination and nomination papers i;rtificats and when filed, shall be open, under proper regulations, to public inspec- fJJ^KueiSi 1 ^ 11 tion, and shall be preserved not less than two years in the offices where tfon* ancT'pr^ they have been filed. d for * 547. Sec. 9. The Secretary of the Common wealth shall, fourteen sHretary ofthe days at least previous to the day of any election of United States or c m m n State officers, or for the adoption of amendments to the Constitution transmit lists to of this Commonwealth, transmit to the county commissioners taioner C aiid and the sheriff in each county, in which such election is to >beriff - be held, duplicate official lists, stating the names and resi- C dences of, and parties or policies represented by, all cadidates whose nomination certificates or papers have been filed with him as herein provided for such election, and have not been found and declared to be invalid as provided in section six, and to be voted for at each voting place in each county, respectively, In f 0rm of tbt substantially in the form ofthe ballots to be used therein; duplicate baiiota. copies of the text of all proposed constitutional amendments to be roted upon at such election. The county commissioners of each C(mnt oommis- county shall also send to the sheriff of their county, at least ten days sioners ihaii MB< prior to the day of any general election, an official list, contain ing the 118 names and party or political appellations of all candidates whose nomination certificates or papers have been tiled with the said com- missioners, as herein provided for such election, and to be voted for at each voting place in the county, substantially in the form of the ballots to be used therein. (As amended 1903, P. L. 338, 1.) 548. Sec. 10. It shall be the duty of the sheriff of every county, sheriff ihaii giv* at least ten days before any general election to be held therein , ex- J^j e e le j t f io ^ ept borough and township elections, to give notice of the same by advertisement advertisements in at least three newspapers, if there be so many pub- papers* 8 ' lished in the county, two of said newspapers representing so far as Newspapers in 11 ,1 _if A I_i j. i_?_i _j_ j.1 _ __j XT i _i_~ which adver- practicable the political party which at the preceding November elec- ti sem e nt tion cast the largest number *vf votes, and the other one of said a PP ear - newspapers representing so far as practicable the political party which at the preceding November election cast the next largest number of rotes, and in addition thereto the sheriff of every county shall, at least ten days before any general election to be held in cities of the Additional first, second and third classes, give notice of the same by proclamation JJJJJ*J p g*- posted up in the most conspicuous places in every election district in O i t ies. aid cities of the first, second and third class, and in every such ad- vertisement or proclamation, I. Enumerate the officers to be elected and give a list of all the Enumerate the nominations made as provided in this act, and to be voted for in such officers to b county, and the full text of all constitutional amendments submit- ted to a vote of the people, but the proclamation posted in each lection district need not contain the names of any candidates but those to be voted for in such district. IT. Designate the place at which the election is to be held. Place of eieo III. He shall give notice that every person, excepting justices ofJj the peace, who shall hold any office or appointment of profit or trust .n^bie under the government of the United States or of this State, or of t any city or incorporated district, whether a commissioned officer or Note. In so far as this act refers to nomination see also Primary Act. 141 Sees. 548-550 STATUTES ELECTIONS therwise, a subordinate officer or agent who is 01 shall be em ployed under the Legislative, Executive or Judiciary departmem of this State, or of the United States, or of any city or incorpomted district and also that every member of Congress and of the State Legislature, and of the select or common council of any city or commissioners of any incorporated district is, by law, incapable of holding or exercising at the same time the office or appointment of judge, mspector or clerk of any election of this ComZnweTh and that no inspector, judge or other officer of any such election shall be eligible to any office to be then voted for, except that of an election officer. (As amended 1895, P. L. 392, 1.) HOW ra^oy d A 549 ' ^' A Ut J n c ? se of the death or withdrawl of any candi- *all be fixate .nominated as herein provided, the party convention, primary meeting, caucus or board, or the citizens who nominated such candi- date, may nominate a substitute in his place by filing in the proper office, at any time before the day of election, a nomination certificate or paper wnich shall conform to all the requirements of this act m regard to original certificates or papers : Pr&vided, That if the said convention or citizens shall have authorized any committee, or if any executive committee of any political party be authorized by the rule* of said party to make nominations in the event of the death or with- drawal of candidates, the said convention shall not be required to reconvene nor the said citizens to sign a new nomination piper, but the said committee shall have power to file the requisite nomination certificate or paper, which shall recite the facts of the appointment and powers of the said committee, (naming all its members,) of the death or withdrawal of the candidate and of the action of the com! nnttee thereon, and the truth of these facts shall be verified by the affidavit annexed to the certificate or paper of two members of tht committee, and also of at least two of the officers of the convention who made affidavit in support of the original certificate, or two of the citizens who made affidavit to the original paper : And provided al,o That m c^e O f a substituted nomination paper, not filed by a com m ttee, but signed by citizens, it shall only be necessary that two- thirds of the signers of the said paper shall have been signers of the original paper. Time for filing substitute nomination papers see 467-A SSSrjS 55 K - See. 12. All substituted nomination certificates or 'papers t0 as P rovided in section six of this act, and if a cton- , a SewtT ns substituted certificate or paper be filed after the last day for filing the original certificate or paper, objections must be made within four days after the filing and no objections as to form and conformity to law shall be received after the time set for printing the ballots Sda u te n f 5 8 v n aS anj T, b * tituted candidate shall have been duly nomi- nated his name shall be substituted by the proper officers in the plaot that of the candidate who has died or withdrawn, so far as tin* may allow and m case a substituted nomination be filed with or "a nets hive tran f sm , ]t t e , d to the county commissioners after the ballots have been iSS 8h P a r if te h d ; ffi? f ' ? i S f 1 ? ominissioner s shall prepare and distribute with the >re n par 8 ed a11 ' b ^ ot ^f^ slips of paper bearing the substituted name, together with the title of the office, and having adhesive paste upon the reverse Note.-In so far as this act refers to nomination see also Primary Act 142 STATUTES ELECTIONS SeCS. 550-552 side, which shall be offered to each voter with the regular ballot and may be affixed thereto. Time for filing substitute nomination papers, see 467-A. 551. Sec. 13. The county commissioners of each county shall cause SSSJ2 to^auw all the ballots to be used therein to be printed. The said commissioner! u ballots to be shall ascertain the offices to be filled, and shall be responsible for the pr accurate printing of the ballots in accordance with this act, and for the safe-keeping of the same while in their possession or that of their J^ 6 subordinates or agents. Sfe eeping. 552. Sec. 14. When Presidential electors are to be voted f or candidates for the names of candidates for Presidential electors shall be arranged in f f JJ^j,*"*^ 1 party groups, as presented in the several certificates of party D^raina- rangement' of tion and nomination papers, and the groups shall be printed upon the {JJ 68 on bal " ballot in order of the vote obtained in the State, at the last Presiden- tial election, by the parties nominating, beginning with the party which obtained the highest vote: Provided, That in the case of political parties not represented on the ballot in the last Presidential election, the order of arrangement shall be alphabetically. At the head of each group of candidates shall be printed the ap- Party namc propriate pa r ty name or political appellation, together with the sur- names of the candidates of such party for President and Vice Presi- dent, underneath which shall be printed the names of the appropriate candidates for Presidential electors. At the right of the space containing the surnames of the candidates for President and Vice President, and their^party name or political appellation, there shall be a square, of sufficient size for the conven- g e8 flUt ient insertion of a cross-mark (X) , and at the right of the name of and position of . ach candidate for Presidential elector, there shall be a similar, but smaller, square. The names of candidates for all other offices, shall, in all cases, be Names of can- arranged under the title of the office for which they are candidates, and be printed in the order of the votes obtained for the head of the respective tickets of the parties or bodies nominating at the last Presi- dential election, beginning with the party obtaining the highest vote: Provided, That in the case of parties not represented on the ballot at the last Presidential election, the name of the nominees of such parties P a r t y n 1 shall be arranged alphabetically, according to the party name orwgwejfcd^ political appellation. At the right of the name of each nominee , or state election. candidate, shall be printed the name or appellation of the political Name of party. party presenting or nominating him, and at the right of such party Po8ltlon , name, or political appellation, there shall be a square of sufficient square, size for the convenient insertion of a cross-mark. Whenever any candidate shall receive more than one nomination when candi- for the same office, his name shall be printed once, and the names of JJ^JJSfJJJ each political party, so nominating him, shall be printed to the right nomination, of the name of such candidate, arranged in the same order as candi- Position of dates names are grouped, that is to say. in the order of the votes ob-party "a m - tained by such party at the last preceding Presidential election, begin- ning with the party obtaining the highest vote. If such candidate Note. In so far as this act refers to nomination see also Primary Act 143 Sec. 552 STATUTES ELECTIONS. wh e n n o m i shall be nominated by any political party not represented on the notrepresenteJ ballot * n fc ^ e ^ ast Presidential election, the name of such parties shall on preyiom follow the other names, and be arranged alphabetically, according to the party name or appellation. At the right of every party name, square. or political appellation, shall be a square, of sufficient size for the con- venient insertion of a cross-mark. There shall be left, at the end of the groups of candidates for Presidental electors, and of the list of candidates for each different office (or under the title of the office itself for which an election is to be held, in case there be no candidates legally nominated therefor), number of *et! as man y blank spaces as there are persons to be voted for, for such office, in which space the voter may insert the name of any person whose name is not printed on the ballot as a candidate for such office, and such insertion shall count as a vote, without the cross-mark as hereinafter mentioned. When vote is t Whenever the approval of a constitutional amendment, or other constftutfoniu question, is submitted to the vote of the people, such question shall be amendment, printed upon the ballot in brief form, and followed by the words "yes" and "no," and if such question be submitted at an election of public officers, it shall be printed after the list of candidates. Designation oJ The ballots shall be so printed as to give to each voter a clear op- choice by cros p Or t un ity to designate his choice of candidates by a cross-mark (X), in a square of sufficient size, at the right of the name of each candi- date, and inside the line enclosing the column, and, in like manner, quire ion ofans wers to questions submitted, by similar marks, in squares at th right of the words "yes" and "no." And on the ballot may b instructions on printed instructions how to mark, and such words as will aid the voter to do this., as "mark one," "mark two," and the like. Proyiso. Provided, That a voter may designate his choice of an entire group of candidates for Presidential electors by one cross-mark (X), in a may designate large square, which shall be placed at the right of the names of the dates P f candi " candidates f or President and Vice President, at the head of such group, and such mark shall be equivalent to a mark against every name in the group. Proviso. Provided further , That each voter may have the opportunity of designating his choice for all the candidates, as nominated by one political party, there shall be printed on the extreme left of the ballot, and separated from the rest of the ballot by a space of at least one- Jf 8t a rti eg names half inch, a list of the names of all the political parties or groups of nominees, represented on such ballot and presenting candidates to be voted for at such election. Such names shall be arranged in the order HOW to be ar- O f the votes obtained, at the last Presidential election , by the candi- [Jt ge a date at the head of the respective tickets of the parties or bodies nominating, beginning with the party that received the highest vote cast. Following the names of such political parties, shall be the Parties ^o^of 1 names of the parties or principles not presented on the ballot at the last Presidential election , arranged alphabetically, according to the party quare at right name or political appellation. A square, of sufficient size for the con- name? 11 party venient insertion of a cross-mark, shall be placed at the right of each party name 01 appellation. Every mark within such square shall be Note. In so far as this act refers to nomination see also Primary Act. 144 STATUTES ELECTIONS SeCS. 552-554 equivalent to a mark against every name designated by that political appellation, or party name, including candidates nominated by mor than one party, or group of citizens. At the head of every ballot shall be printed the following instruc- tions : To vote a straight party ticket, mark a cross (X) in the squart infractions at opposite the name of the party of your choice, in the first column. A head of ballot, cross-mark in the square opposite the name of any candidate, indicates a vote for that candidate. (As amended 1903, P. L. 338, 2.) 553. Sec. 15. All the ballots used at the same voting place at any 411 bftl i ota8hall election shall be alike, and shall be at least six inches long and four beaitk*, inches wide. They shall be printed with the same kind or kinds of ^Jj 1 of print " type, (which shall not be smaller than the size known as "brevier" or "eight-point body,") upon white paper, without any impression or mark to distinguish one from another, and of sufficient thickness to prevent the printed matter from showing through. Each ballot shall Bach ballot shall be attached to a stub or counterfoil, and all the ballots for the same J? attached to voting place shall be bound together in convenient numbers in books, g^aii be bound in such manner that each ballot may be detached and removed together, separately. ****** On the back of each ballot, or on the right hand side of the back, Caption on bak if the ballot is printed in two columns, there shall be printed as a caption, "official ballot for," followed by the designation of the voting place for which the ballot is prepared, the date of the election, and a fac-simile of the signatures of the county commissioners of the Fac- simile *f respective counties who have caused the ballots to be printed. A SpuntycommSJ record of the number of ballots printed and furnished to each voting sioners. place shall be kept and preserved by the county commissioners of the fe^of baiiote several counties. When it is shown by affidavit that mistake or E rin t ted sha11 ** omission has occurred in the publication of names or description of candidates, or in the printing of the ballots, the court of common pleas of the district or county, or any judge thereof, may, upon the J Iow mistakes i- T/ i 1 ^ j- A A. A .in publication application of any qualified elector of the district or county, require of names shall the county commissioners to correct the mistake or omission, or to be oorrected - show cause why they should not. 554. Sec. 16. The county commissioners of each county shall Number of bai- provide for each election district in which an election is to be held, ti^XSrict!" one set of such ballots, of not less than fifty for every fifty and fraction of fifty voters therein, as contained upon the assessor's J JfuSy V eom! list. They shall also prepare full instructions for the guidance of missioners. voters as to obtaining ballots, as to the manner of marking them and shall prepare the method of gaining assistance, and as to obtaining new ballots in yjf^^ 8 f f\ place of those accidentally spoiled, and they shall respectively cause voters, the same, together with copies of sections thirty to thirty-five, inclu- sive, of this act, to be printed in large, clear type on separate cards to How oarita of la- be called cards of instruction. They shall also, in Addition to the berinted * " number of ballots required to be printed for general distribution , have printed five hundred official and one hundred sample ballots for every official nd saa- five thousand voters within the county, which ballots shall be kept at ple ball ts. Note. In BO far as thin act refers to nomination s also Primary Act. 145 Sees. 554-555 STATUTES ELECTIONS. fo er be B ke a { 10 at c * ie ^ ce ^ tne commissioners for the use of any district or districts, officeof counts the ballots for which may be lost or destroyed. They shall also cause commissioners. to ^ e p nnte( j on tinted paper and without the fac-simile endorsements, iote? im * copies of the form of the ballot provided for each voting place at Cards of instruc each election therein, which shall be called specimen ballots ; and at baHotslhaiMH each election they shall furnish to each voting place, together with famished. tj ie ballots to be used there, a sufficient number of cards of instruc- fuie two 8 eopMi ^ OT1 anc ^ specimen ballots for use as required in section twenty -one of Slftf vo5J? r ' f this act ' The y sha11 Deliver to each election district in cities of Ballot cheek the first, second and third classes, where personal registration is !** required at every election therein, the registers of voters known Voting checV as the voting check list and ballot check list. In all election dis- Uit tricts other than in cities of the first, second and third classes, they shall provide for each election district, at every election therein, two copies of the assessor's lists of voters and shall deliver the same as such lists are now delivered, one copy to be called the "ballot check list," for the inspector in charge of the ballots, and the other copy to be called the "voting check list", to be used in marking the names of those who have voted. (As amended 1921, P. L. ,Act No. 400, 1.) ~How ballots, tu, 555. Sec. 17. The ballots, together with the specimen ballots and' cards of instruction printed by the county commissioners as herein provided, shall be packed by them in separate sealed packages with marks on the outside clearly designating the election districts for which they are intended and the number of ballots of each kind enclosed. They shall then be sent by the county commissioners of the respect- How delivered i ve counties to the judges of election at the several voting places, so election. es as to be received by them on the Saturday or Monday before the day Time of recep- O f election. The respective judges of election shall, on delivery to- Judges shail^ 6111 ^ sucn P ac kages, return receipts therefor to the commissioners, return receipt who shall keep a record of the time when and the manner in which therefor. ^ several packages are sent, and shall preserve for the period of one uommigaionere , r . . **,, . j j > *,. to keep record year the receipts of the said judges of election. of time and man- * baiiote, etc dlng The commissioners of any county may, if they prefer, instead of May notify judges sen ding the packages to the judges or any number of them in the er aforesaid, notify the judges of the election districts for which the said commissioner's are required to provide ballots, to come to the said commissioners' office on the day before the election, at a time specified, and it shall be the duty of each of the said judges to come ofeiection! etc. to the said office at that time, and there, on presentation of his certifi- cate of election as judge, to receive and receipt for one package of ballots, specimen ballots and cards of instruction for use in his election district. He shall keep the said package sealed, and shall be responsible for the safe keeping thereof until the ballots are used at the to perform^aid election. In case a judge of the elections 'is prevented by illness from duties. performing the duties aforesaid, he shall depute one of the inspectors to act in his place. Note. In BO far as this act referi to nomination e also Primary Act. 146 STATUTES ELECTIONS SeCS. 556-558 556. Sec. 18. In case the ballots to be furnished to any voting f ballot- a place in accordance with the provisions of this act shall fail for any a ' deli vr reason to be duly delivered, or in case after delivery they shall be * !< destroyed or stolen, it shall be the duty of the judge of election of such voting place to cause other ballots to be prepared substantially How tame shall in the form of the ballots so wanting, and upon receipt of such other ballots from him accompanied by a statement, under oath, that the same have been so prepared and furnished by him, and that the original ballots have so failed to be received or have been so de- stroyed or stolen, the election officers shall cause the ballots so stituted to be. used in lieu of the ballots wanting as above. It shall be the duty of the county commissioners of each county to mail complete specimens of the ballots and other necessary papers, by reg- *<>" eUotion! istered letter, to the judge of elections of each election district, at least four days before the election, to enable him to comply with the directions of this section. 557. Sec. 19. The county commissioners of each county shall (krontyoommU- provide for each election district therein, at each election, a room ^JSiefJcSon large enough to be fitted up with voting shelves and a guard rail as room properly hereinafter provided. If in any district no such room can be rented f J*** up * , i , j , i j i 11 i it no room can or otherwise obtained, the said commissioners shall cause to be con- k procured, structed for such district, a temporary room of adequate size to be ^truc used as a voting room ; they shall also cause all the said rooms to ""* be suitably provided with heat and light and with a sufficient num- Shall provide ber of voting shelves or compartments at or in which voters may con- JjJ* ^JjjgJjjJt yeniently mark their ballots, with a curtain, screen or door at the number of rot- upper part of the front of each compartment, so that in the marking)?* 8 e 8 ' i n i -i a i i i i l/om part menl thereof they may be screened from the observation of others, and a to havecurtain. guard rail shall be so constructed and placed that only such persons co^stoctfo'n of as are inside said rail can approach within six feet of the ballot box guard rail 1 . 00 and of such voting shelves or compartments. The arrangement shall Fmng^distanoe be such that neither the ballot box nor the voting booths shall be raffmav appro*! hidden from view of those just outside the said guard rail. The Jfeivea and number of such voting shelves or compartments shall not be less Arrangements than one for every seventy -five names on the assessor's lists, but shall baj! 01 5>* nd i-i m i / i 1 " / 1 A A VOllDg DOOlQ8. not, in any case, be less than three for the voters qualified to vote at Number of yot _ luch voting place. No persons, other than the election officers and ing booths. voters admitted as hereinafter provided, shall be permitted within the Persons permit- laid rail, except by authority of the election officers for the purpose 1 * of keeping order and enforcing the law. Each voting shelf or com- SBppli|i fflr partment shall be kept provided with proper supplies and con ven- ing ballots. lences for marking the ballots. 558. Sec. 20. At the opening of the polls in each voting place X the seals of the packages shall be publicly broken and the said pack- opening of the age shall be opened by the judge of elections. The cards of instruc- Card88f in8truo . tion shall be immediately posted at or in each voting shelf or com- Uon and 8 ,>eoi- partment provided in accordance with this act for the marking of the ai- not be counted for such office ; but the ballot shall be counted for all counted* 7 for other offices for which the names of candidates have been properly JJ^ n caudi ~ marked. No ballot without the official endorsement shall, except as herein None but of- otherwise provided, be allowed to be deposited in the ballot box, and JhaSi ball b^ none but ballots provided in accordance with the provisions of this deposited, act shall be counted. Ballots not marked, or improperly or defect- Defective bai- ively marked, shall be endorsed as defective, but shall be preserved en^^^g JJJ with the other ballots. If any ballot appears to have been obtained preserved, otherwise than as provided in this act, the judge of election shall ^"JJilgaii^to transmit such ballot to the district attorney, without delay , together be sent to with whatever information he may have tending to the detection of SJfyfetc. att r the person who deposited the same. (As amended 1903, P.L. 338, 4.) 566. Sec. 28. After the polls are closed, the election officers Election offl- oiily shall remain in the voting-room within the guard rail, and shall Jemain^within there at once proceed to count the votes. Such counting shall not * "fjg^j, 1 ]^^ 1 be adjourned or postponed until it shall have been fully completed, counting not to A record shall first be made of the number of the last ballot cast ; the be adjourned, officers in charge of the voting check-list shall, in the presence of the Duties of eiec- other officers and watchers, count in a distinct and audible voice the names checked on the said list, and announce the whole number thereof ; and the list of voters, the stubs of ballots used, and all Onused ballots, unused ballots.,, shall then be sealed up, as required by section twenty- Jeaiedu four of this act. The ballot-box shall then be opened by the in- B aiiot-boxes to spectors, the ballots taken therefrom, and audibly counted, one D 7 one, by them, and when the count is completed, the whole number of ballots cast shall be announced ; and the counting of the number of votes received by each person voted for shall then proceed. The judge, in the presence of the inspectors, shall read aloud the name or ni names marked or inserted upon each ballot, together with the party name, or political appellation, under which each vote was cast, and the answers marked thereon to the questions submitted, if any ; and the clerks shall each carefully enter each^ vote as read, and keep Dut J f account of the same in tally-papers prepared for the purpose. It shall be unlawful for either judge or inspector while counting the ballots or the votes thereon, to have in his hand any pen, pencil, or stamp for marking ballots. All ballots, after being removed from the box, shall be kept within Janoui the unobstructed view of those present in the voting-room, so that riew. they may be able to see all the marks on each ballot, but out of their reach, until they are placed in the ballot-box as required by law. A full return shall be made, in the manner now provided by law, of all votes cast ; and such returns, as well as those made by the judges of the courts, shall state in every case the number of votes cast for each candidate by each political party or body of which such can- didate is a nominee, as the same shall appear upon the ballots cast. a The total vote, as soon as counted, shall be publicly announced. nou ncement. Note.-In so far as thi act refers to nomination sea also Primary Act 151 Sees. 566-569 STATUTES ELECTIONS. Duties of police It shall be the duty of the police officers, constables, and deputy tobfeg'etc. COn "constables, now required by law to be present at the polls, to remain in the voting-room, but outside of the guard-rail, while the votes art when peace being counted, and preserve order therein. No person, except the eiSer with2 **& peace officers when necessary for the preservation of the peace, guard-rail. or persons acting by their authority, shall enter into the space within the guard-rail, or converse with any election office/, in any way, after the polls are closed and until the counting of the votes has been com- pleted. (As amended 1903, P. L. 338, 5.) Contested ieo- 567. Sec. 29. Whenever, in any contested election, the tribunal tion. trying the case shall decide that the ballots used in one or more election districts were, by reason of the omission , addition, misplacing, mis-spelling, or mis-statement of one or more titles of offices, or names of candidates, or parties or policies represented by them, so defective as to the office in contest as to be calculated to mislead the voters in regard to any of the candidates nominated for the said office, and that ? n def* otivV fc ^ e defective condition of the said ballots may have effected the result tribunal shall of the entire election for the said office, the said tribunal shall declare fnvalid electl n fcne election to be invalid as regards the said office, and shall report their decision to the proper officer or officers who are now by law Hew vacancies authorized to fill vacancies occurring in such office, who, upon receipt Term b of fi a le ' ^ suc ^ not i ce > sna ^ without delay proceed to appoint a suitable per- pointment. son or persons to fill the vacancies thus created, and the person or persons so appointed shall continue in office until the next election succeeding his appointment at which such office is now by law required to be filled. (As amended 1897, P. L. 23, 1.) Ser- 568 ' ? 6C< ^' ^ V ter wh slia11 all W ^ is ] )allot to be seen b ^ an . v person, or person , with the apparent intention of letting it be known how iSraf ne * s a bout to vote, or shall cast or attempt to cast any other than the official ballot which has been given him by the proper election officer, or shall falsely declare to a judge of election that, by reason of any disability, he is unable to mark his ballot, and on that account desires assistance in marking it, or shall wilfully violate any other provision of this act; or any person who shall interfere with any voter when inside said enclosed space or when marking his ballot, or who shall endeavor to induce any voter before depositing his ballot to show how he marks or has marked his ballot ; or any helper who hall attempt to influence the vote of the voter whom he is assisting, or who shall mark a ballot in any other way than that requested by the voter whom he is assisting, or who shall disclose to any one the contents of any ballot which has been marked with his help, except when required so to do in any legal proceedings, shall be guilty of a Fine and peu misdemeanor, and upon conviction shall be sentenced to pay a fine not alty< to exceed one hundred dollars, or to undergo an imprisonment for not more than three months, or both, at the discretion oi the court. (As Personsdestro amended 1903 ' P ' L ' 338 ' 6 ') insists of S can- 569. Sec. 3 1 . Any person who shall , prior to an election, wilfully instruction' deface or destroy any list of candidates posted in accordance etc., shall b with the provisions of this act, or who during an election shall wilfully demeanor! 1 mi8 " deface, tear down, remove or destroy any card of instruction or specimen Note. In so far as this act refers to nomination see also Primary Act. 152 STATUTES ELECTIONS SeCS. 569-574 ballot printed or posted for the instruction of voters, or who shall during an election wilfully remove or destroy any of the supplies or conveniences furnished to enable a voter to prepare his ballot, or shall wilfully hinder the voting of others, shall be guilty of a misdemeanor, and upon conviction, shall be sentenced to pay a fine not exceeding Penalty, one hundred dollars, or to undergo an imprisonment for not more than three months, or both, at the discretion of the court. 570. Sec. 32. Any person who shall falsely make or wilfully de- Pewonsdeitroy face or destroy any certificate of nomination or nomination paper, JXewetc**!!! or any part thereof, or any letter of withdrawal, or file any certificate ". f 1 " 1 ^ ' ot * of nomination or nomination paper, or letter of withdrawal, knowing m! the same or any part thereof to be falsely made, or suppress any Fraudulent cer- certificate of nomination or nomination paper, or any part thereof, *jj!J lte8andpar which has been duly filed, or forge or falsely make the official endorse- ment on any ballot, or wilfully destroy or deface any ballot, or wilfully delay the delivery of any ballots, shall be guilty of a mis- demeanor, and upon conviction, shall be sentenced to pay a fine not exceeding one thousand dollars, or to undergo an imprisonment for Penalty, not more than one year, or both, at the discretion of the court. 571 . Sec. 33. Any public officer upon whom a duty is imposed by Public officers this act who shall negligently or wilfully fail to perform such J A i i TI f .-| ! P 11 i , duty, or who shall negligently or wilfully perform it in such a ivay duties shall be as to hinder the objecto of this act, or who shall negligently or wilfully JXnea.-ar* m violate any of the provisions thereof, shall be guilty of a misde- meanor, and upon conviction, shall be sentenced to pay a fine not exceeding one thousand dollars, or to undergo an imprisonment for Penalty, not more than one year, or both, at the discretion of the court. 572. Sec. 34. Any printer employed by the commissioners of any printers vioiat- county to print any official ballots, or any person engaged in to this act in printing the same who shall appropriate to himself, or give, 01 deliver, K.ii P o a ts?etc n ,hau or knowingly permit to be taken, any of said ballots by any other misdemwnoa- .* person than such commissioners or their duly authorized agent, or shall wilfully print or cause to be printed any official ballot in any other form than that prescribed by such commissioners, or with any other names thereon, or with the names spelled otherwise than as directed by them, or the names or printing thereon arranged in any other way than that authorized and directed by this act, shall be guilty of a misdemeanor, and upon conviction, shall be sentenced to pay a fine not exceeding one thousand dollars, or to undergo an imprison- penalty, ment for not more than five years, or both , at the discretion of *he court. 573. Sec. 35. Any person other than an officer charged by law ^JJJJ^jjJ ^ with the care of ballots, or a person entrusted by any such officer with g onsnJt entitle*] the care of the same for a purpose required by law, who shall have e J5, to a d " in his possession outside the voting room any official ballot, or any meaner, person who shall make or have in possession any counterfeit of an official ballot, shall be guilty of a misdemeanor, and upon conviction, shall be sentenced to pay a fine not exceeding one thousand dollars, Penalty, or to undergo an imprisonment for not more than one year, or both, at the discretion of the court. 574. Sec. 36. All laws and parts of laws inconsistent herewith iiiiiimciim shall be and the same are hereby repealed. Note IP so far as this act refers to nomination see also Primary Act. 153 Sec. 575. COUNTIES AND COUNTY SEATS IN PENNSYLVANIA. COUNTIES. e V Population in 1910. Population in 1920. CO V 8 B .s 2 5 COUNTY SEAT. When laid out. Adams 1800 34319 34,583 339 840 1780 Allegheny 1788 1,018,463 1,185,753 480 480 Pittsburgh 1765 1800 67 880 75 568 391 280 1804 Beaver 1800 78,353 111,621 289 280 1791 Bedford 1771 38 879 38,277 641 920 Bedford 1766 Berks 1752 183,222 200,854 576 000 Reading 1748 Blair . ... 1846 108,858 128 334 326 900 Hollidaysburg 1820 Bradford 1810 54 526 52 157 743 680 1812 Bucks 1682 76,530 82,476 380 800 1778 Butler 1800 72 689 77 270 520 960 1803 Cambria 1804 166,131 197,839 426 240 1806 1860 7 644 6 297 243 840 IRfil Carbon 1843 52,846 62,565 257*280 Mauch Chunk . ... 1815 Centre 1800 43 424 44 304 785 280 17qe Chester 1682 109,213 115,120 488 320 West Chester 1786 1839 36,638 36,170 366 080 Clarion 1840 Clearfield 1804 93,768 103,236 723 200 Clearfield .... 1805 Clinton 1839 31 545 33,555 548 480 1833 Columbia 1813 48,467 48,349 306 560 1802 Crawford 1800 61 565 60,667 643 200 Meadville 1795 Cumberland 1750 54,479 58,578 354 560 Carlisle 1751 Dauphin 1785 136 152 153 116 334 720 1785 Delaware 1789 117,906 173,084 124 800 Media 1849 Elk 1843 35 871 34,981 495 360 1843 Erie 1800 115,517 153,586 494 080 Erie , . 1795 Fayette 1783 167,449 188,104 531 200 1767 Forest 1848 9,435 7,477 275 840 Tionesta 1852 Franklin . . 1784 59 775 62,275 483 840 1764 Fulton 1850 9 703 9 617 282 880 1786 Greene 1796 28 882 30,804 396*800 1796 Hu n t i n gdon 1787 38 304 39 848 575 360 1767 Indiana .... ... 1803 66210 81,111 529 920 1805 1804 63 090 62 104 413 440 Brookville 1830 Juniata 1831 15013 14,464 260 480 Mifflintown 1791 Lackawanna 1878 259,570 286,311 271 360 Scranton 1841 Lancaster . . ... 1729 167 029 173,797 622 720 1730 1850 70 033 85 545 240 640 New Castle 1802 Lebanon 1813 59 565 63,152 227 840 1750 Lehigh 1812 118 832 143 101 232 960 1751 Luzerne 1786 343 186 391,001 592 640 Wilkes-Barre 1783 1795 80 813 83 100 776 320 1796 McKean ... 1804 47 868 48,934 644 480 1807 Mercer 1800 77,699 93,788 426 240 Mercer 1803 Mifflin 1789 27,785 31,439 215 680 1790 Monroe 1836 22 941 24295 380 800 1806 Montgomery 1784 169,590 199,310 309 760 1784 M on tour 1850 14 868 14 080 89 600 Danville 1790 Northampton. 1752 127 667 153,506 244 480 Easton 1738 Northumberland 1772 111 420 122 079 295 680 1772 Perry . . . 1820 24,136 22,875 304 640 New Bloomfield 1822 Philadelphia 1682 1 549 008 82 603 Philadelphia 1682 Pike 1814 8,033 6,318 403 840 Milford 1800 Potter 1804 29 729 21 089 685 440 1807 Schuylkill 1811 207,894 217,754 537 600 Potts ville 1816 Snyder 1855 16 800 17 129 202 880 Middleburg 1800 Somerset 1795 67,717 82,112 705 280 1795 Sullivan 1847 11 293 9,520 277 780 Laporte 1850 Susquehanna. . . 1810 37,746 34,763 529 920 1811 Tioga 1804 42,829 37,118 719 360 Wellsboro 1806 Union 1813 16,249 15,850 201,600 1785 Venango . . . 1800 56 359 59 184 483 840 Franklin 1795 Warren 1800 39 573 40 024 584 960 1795 Washington 1781 143 680 188 992 568 960 1781 Wayne 1796 29,236 27,435 478 080 Honesdale . . . 1826 Westmoreland 1773 231,304 273,568 669 440 1782 Wyoming . . . 1842 15,509 14,101 237,920 Tunkhannock 1790 York...... 1749 136,405 144,521 589 440 York 1741 154 Sec. 576 ELECTORAL VOTE BY STATES FOR PRESIDENT 1888-1920. STATES 1888 1892 1896 1900 1904 1908 1912 1916 1920 P. 4) M K Cleveland-Dem. Cleveland-Dem. Harrison-Rep. i McKinley-Rep. McKinley-Rep. ! Roosevelt-Rep. Parker-Dem. Taft-Rep. Bryan-Dem. Wilson-Dem. d 0) Roosevelt-Prog. Wilson-Dem. ci P ! & Harding-Rep. Cox-Dem. Alabama 17 11 . . 11 11 11 11 12 3 12 ^ '3 12 Arkansas 7 8 S R q q 9 q 9 'e 14 California Colorado 8 3 '6 3 4 8 ' 3 4 1 '4 8 'fi 1 4 9 'fi '4 10 5 7 10 '? 'fi 2 i 7 11 13 6 "i 13 6 7 3 Delaware 3 ' 4 3 '4 3 ' h ' 3 m r 8 6 "fi Florida Georgia 12 13 ' ^ 13 s 13 3 13 8 '3 27 15 13 10 'e i 16 14 11 18 3 8 3 4 12 13 ' s 13 14 /| 14 4 '-i Idaho Illinois Indiana Iowa , 22 15 13 q 24 15 13 io 24 15 13 10 1 8 24 15 13 10 'e 8 15 14 q 13 9 'i io 27 15 13 10 'e 2 16 14 11 18 ^ 13 9 'G 10 29 15 13 10 13 10 6 8 18 10 IS 4 15 12 10 13 10 *8 10 IS 4 20 15 13 'e 18 15 12 29 15 13 10 'e s 18 15 12 18 4 13 10 io 13 8 '8 13 8 '.8 's 'e 15 9 9 12 '6 8 15 14 9 6 Maryland 14 13 7 Michigan 9 16 9 17 ' 3 4 10 9 17 3 8 3 's 4 10 9 17 3 '3 Missouri Nebraska Nevada New Hampshire. . . 5 3 4 '9 10 8 '4 '3 - '4 12 8 3 8 3 4 14 3 8 3 4 'a - 14 8 3 4 14 a vr__. Vrwlr 36 86 ?6 ?6 30 39 45 45 45 12 5 12 11 11 1 1 'i 22 'i '3 23 11 ' 3 11 4 12 4 12 12 > 12 Ohio Oklahoma 23 23 23 23 *7 '9 21 10 5 - 5 9 38 *5 21 10 9 '5 38 5 '5 '? 13 24 10 5 38 5 '5 12 '4 4 '? 8 13 3 404 '9 20 12 in 127 ? 3 32 4 4 i 4 32 4 '9 4 12 15 3 3 ! '4 '3 - 9 4 34 4 4 *9 4 34 4 4 Pennsylvania Rhode Island South Carolina. . . . 30 4 '9 '9 12 13 12 15 '- 12 15 '3 12 18 '3 12 18 12 20 '4 12 20 12 7 1 3 Texas Utah Vermont Virginia 12 12 4 4 4 12 4 4 '4 12 - 6 12 'S 12 12 ' 7 Washington West Virginia Wisconsin Wyoming ii 6 b 12 '3 12 '3 12 3 13 ^ 13 3 13 T 277 254 Totals 233 168 277 145J 22 271 176 292 155 336 140 321 162 435 8 88 No, States Voting 38 44 45 45 45 46 48 48 48 155 ABODE, see Residence. ADAMS COUNTY, representative congressional district, 518. state representative district, 526. state senatorial district, 523. ADVERTISEMENT, election proclamation issued by sheriff,275 to 279,548 primaries, county commissioners to publish notice of offices to be filled at, 494. AFFIDAVITS, age, voting on, at elections in boroughs and town- ships, 44, 47. , (same) at primaries, 145. assistance, in marking ballots, at primaries, 157, 501 challenged, boroughs and townships, at elections, 56, 57. -.., (same) at primaries, 149, 503. , (same) registration, second class cities, 317, 318, 322. -.., (same) registration, third class cities, 336, 337, 340. election officers, disposition of, at elections, 104, 112, 113. ~- (same) at primaries, 169, 172, 504. , (same) elections or primaries, 8, 10, 11, 12. electors, disposition of, at elections, 112, 113. , (same) at primaries, 171, 172, 504. naturalization certificate, registration, second class cities, 317, 324. naturalized citizen, unregistered in boroughs and townships, at elections, 46, 47, 48. overseers at elections, 243. political parties adopting a certain name to file , etc. with prothonotary, 448, 449, 541. primaries, nomination petitions, 397 to 401, 496. residence of elector, boroughs and townships, un- registered voter, 43. unregistered elector, boroughs and townships, elec- tion officers guilty of a crime for receiving votes without, 42, 51. unregistered voter in boroughs and townships, elec- tions, 41 to 51. witnesses, disposition of, at elections, 112, 113. (same,) at primaries, 171, 172, 504. .. , (same) for unregistered voter in boroughs and townships, 41 to 47, 51. woman who is registered and subsequently marries may vote under certain conditions, 50-A, 52-A, 145-A, 147-A. AFTER PRIMARY, nominations, see Elections-Candidates; Primaries- Candidates. AGE, required of an elector, 29. voting on, at elections in boroughs and townships, 44, 47, 49. , (same) at primaries, 145. , (same) second class cities, 29, 315, 324. , (same) third class cities, 29, 333. ALDERMAN, see Justice of the Peace. ALIENS, American women marrying , loss of citizenship, 34. women marrying American citizens, 35. ALLEGHENY COUNTY, representative congressional districts, 519. state representative districts, 526. state senatorial districts, 524. ALTERNATE, delegates, national party conventions, election of, at primaries, 376, 383, 385, 491, 493, 494. INDEX (References are to Sections) AMENDMENT, Pennsylvania constitution-, submitted to electors method of marking answers thereto, 84, 552 United States constitution, nineteenth-, Wnen suf- APPOINTMENT, W " L see also Districts. representative congressional districts, 517 to 519 state representative districts, 525 to 538 state senatorial districts, 520 to 524. ARMSTRONG COUNTY, representative congressional district, 519. return judges in senatorial districts to meet in to adjust consolidated returns, at elections lli-A . . .......... ..(same) at primaries, 174-A. state representative district 527 state senatorial district, 524. ARRANGEMENT, of voting booths, ballot boxes, etc., 17, 557. ASSESSMENT, of taxes, 29, 30. ASSESSORS, duties, boroughs and townships, see Registration. ASSISTANCE, marking ballots, at elections, 66, 67, 561, 564. .......... , (same) at primaries, 157, 501. ATTORNEY-AT-LAW, incompatible with other offices, 356. AUDITOR, see also Boroughs Comptroller, County Auditor , County Controller, Townships. incompatible with other offices, 365, 369, 369-A. BALLOT BOX, see also Ballots; Contested Elections; Judge of Elec- tion. contents of, at close of elections, 104. .......... , (same) at primaries, 169, 504. destroy contents of, before holding subsequent elec- tion, 15. inspector in charge of, 207, 203. opening of, after closing polls, at elections, 96, 566. .......... , (same) at primaries, 164, 504. ...... ---- , same, power of county return board at elections, 128. ____ ...... , (same) power of common pleas court at primaries, 181, 504, 505. repository for, after elections, 105. ........ .., (same) after primaries, 170, 504. sealing, etc. at elections, 105. .......... , (same) at primaries, 170,504. six feet from guard rail, 17, 557. voter to deposit ballot in, 68, 89, 209, 527, 560. BALLOT CHECK LISTS, after polls close at primaries, announce number of names checked in, 162, 504. boroughs and townships, at elections, to be returned to Prothonotary, 112, 113. .......... , (same) at primaries, to be returned to County Commissioners, 172, 504. cities, second and third class, disposition of, at elec- tions, 112, 113. .......... , (same) at primaries, 172,504. electors name to be added to, if unregistered after he has established his right to vote in boroughs and townships, 50, 210, 559. \ federal and state employes registering by petition in second class cities must sign, when voting, 327. make check or notation in, after elector has received ballot at primary, 150. 156 INDEX (References are to Sections) BALLOT CHECK LISTS (Cont'd) mark "B" against elector's name in , after he has established his right to vote and has been given ballot, 65, 208, 559. state and federal employes registering by petition in second class cities must sign , when voting, 327. BALLOTS, see also Ballot Boxes, Booths, Contested Elections, assistance in marking, at elections, 66,67,561,564. , (same) at primaries, 157, 501. cancelled, announce number of, at primaries,161,504. ., (same) disposition of, at elections, 112, 113, 562, 563. , (same) at primaries, 172, 504, 527. candidates names on , arrangement of, at elections, 552. ___, (same) at primaries, 413- A, 495. , (same) opposite name of, to have certain information printed on, at primaries, . 414,495. candidates, terms of to be designated on ballots under certain conditions, 88. caption on back of, 553. cast, at elections, 96. , (same) for each political party, at primaries, 164, 504. closing polls, who shall be permitted to mark, after time for closing polls has arrived, 92, 561. constitutional amendments, submitted to electors, method of marking answers thereto, 84, 552. court decisions as to marking, 85, 86. cross-marks (X) on ballots, at elections, 70 to 87, 552. , (same) at primaries, 158, 159, 495. deliver elector folded ballot after he has established his right to vote, 65, 559. description of, 552, 553. elections, candidates names on, arrangement of, 552. , (same) number furnished each election district, 554. facsimile signature of county commissioners on, 553. illustrations showing method of marking, at elections, 74 to 82. increasing indebtedness of municipalities, 84-A, 266-A lost, to be replaced, 229, 556. marking ballots, at elections, 70 to 84, 560, 565. , (same) at primaries, 157 to 159,495,501. , (same) exceptions in, at elections, 71 to 84, 560, 565. , (same) after time for closing polls has arrived, 92, 561. municipalities, increasing indebtedness, 84-A, 266-A. names inserted by voter, 85, 560. officer in charge of, elector to give name and residence to, 62, 559. official , to be prepared by county commissioners for elections, 84-A, 269-A, 551, 553, 554. , (same) for primaries, 500. package containing, to be delivered to judge of elec- tion or inspector, 226, 227. , (same) to be publicly opened by judge of election, 9, 558. , (same) unused, stubs, etc., disposi- tion of, at elections, 112, 113, 562, 563. , (same) at primaries, 172, 504. party ballot, elector entitled to ballot of his party as enrolled, at primaries, 143, 146, 503. party ballots, at primaries, number issued to each party, 161, 500, 504. , (same) not to be removed from stubs, except by election officers, at primaries, 153, 154, 503. , (same) only qualified electors of party to have name as candidate thereof print- ed on, at primaries, 412, 413, 496. , (same) to be bound in books and furnished election districts, at primaries, 152, 500. party candidate, method of marking , at primaries, 158, 495. BALLOTS (Cont'd) presidential electors, method of marking ballot for, at elections,, 83, 552, 560. primary, candidates names on, arrangement of, 413-A, 495. , (same) to be prepared and furnished by county commissioners, 500. printer violating ballot act in preparation of, mis- demeanor, 572. recount, by county return board, at primaries, 181, 182, 505. replace, if not delivered, lost or stolen, 229, 556. specimen, to be mailed to judge of election at least four days before election, 556. , (same) to be posted in voting room and given to voters upon request, 16,500,558. , (same) to be prepared by county commissioners, for elections, 554. , (same) for primaries, 500. special elections or questions submitted to electors, method of marking ballots, 84, 84-A, 266-A, 552. split or mixed ticket, method of marking, 70 to 82,560. spoiled, disposition of, at elections, 112, 113, 562, 563. , (same) at primaries, 172, 500. ., (same) election board to cancel at elections, 69, 563. , (same) at primaries, 154, 503. spoiled in marking, voter may obtain another at elec- tions, 69, 563. ., (same) at primaries, 154, 503. spoiled, make record of, at primaries, 161, 504. stickers for, to be prepared by county commissioners when necessary for substituted candidate's name at elections, 468, 550. stickers on, at elections, 85, 468, 550, 552. , (same) at primaries, 158, 495. stolen, to be replaced, 229, 556. straight party ticket method of marking, 70, 71, 74 to 82, 560. stubs, number of party ballots issued as shown by stubs, at primaries, 161, 504. stubs of, disposition of.at elections, 112, 113,562,563. , (same) at primaries, 172, 500, 504. , (same) to be numbered at primaries, 152, 500. unlawfully obtained to be transmitted to district attorney by judge of election, 239. unused, disposition of, at elections, 112, 113, 562,563 , (same) at primaries, 172, 500, 504. voter shall deposit ballot in ballot box, 68, 89, 560. BANKS, national, prohibited from making contributions for election expenses, 476. BEAVER COUNTY, representative congressional districts, 519. return judges in congressional districts to meet in, to adjust consolidated returns, at elections, 111. , (same) at primaries, 174-C. .., (same) senatorial districts, at elec- tions, 111- A. , (same) at primaries, 1 74- A. state representative districts, 527. state senatorial districts, 524. BEDFORD COUNTY, representative congressional district, 518. return judges in senatorial districts to meet in, to adjust consolidated returns, at elections, 111- A. , (same) at primaries, 174-A. state representative districts, 527. state senatorial districts, 523. BERKS COUNTY, representative congressional district, 518. return judges in congressional districts to meet in, to adjust consolidated returns, at elections, 111. .., (same) at primaries, 174-C. state representative district, 527. state senatorial district, 520. 157 INDEX (References are to Sections) BETTING, on elections, 372. BLAIR COUNTY, representative congressional district, 518. return judges in congressional districts to meet in, to adjust consolidated returns, at elections, 111. , (same) at primaries, 174-C. , (same) senatorial districts, at elec- tions, 111- A. , (same) at primaries, 174-A. state representative districts, 528. state senatorial districts, 523. BOND ISSUES, submitted to electors, 84, 84-A, 552. BOARD OF HEALTH, incompatible with other offices, 355, 357. BOOTHS, cards of instructions and penalties to be posted in, 16, 500, 558. elector to close screen or door of, when marking bal- lot, 68, 560. length of time voter may remain in, 67, 561. number required, 557. when voter may re-enter enclosed space, or booth already occupied, 67, 561. BOROUGHS, see also Districts; Election -Candidates; Incompatible Offices; Primaries-Candidates. assessors and assistant assessors pay in, 307. auditor, incompatible with other offices, 364, 365. burgess, incompatible with other offices, 349, 350, 365, 366. clerks or secretaries of, to notify county commission- ers of all offices for which candidates are to be nominated at fall primary, 390, 494. increasing indebtedness of, 84-A 266-A. officers, certificate of election for, 103. offices, contested elections for, 133 to 136. _, (same) disposition of, election returns for, 114. ._-, (same) nominations of, at primaries, 375, 388, 390, 491, 493, 494. registration of electors, see Registration. return judges duties in divided boroughs as to con- solidated returns, 107-A. tax collector, incompatible with other offices, 365. treasurer, incompatible with other offices, 305. BRADFORD COUNTY, representative congressional district, 518. return judges in senatorial districts to meet in, to adjust consolidated returns, at elections, 111- A. _7 (same) at primaries, 174-A. .state representative district, 528. state senatorial district, 522. BRIBERY, disqualifying electors for, 371. BUCKS COUNTY, representative congressional district, 517. state representative district, 528. j state senatorial district, 520. BUTLER COUNTY, representative congressional district, .5 19. state representative district, 528. state senatorial district, 524. CAMBRIA COUNTY, representative congressional district, 518. state representative district, 528. state senatorial district, 523. CAMERON COUNTY, representative congressional district, 518. state representative district, 528. state senatorial district, 523. CANCELLED BALLOTS, see Ballots. CANDIDATES, elections, see Elections- Candidates, expenses, see Expenses-Candidates, incompatible with that of registrar in second class cities, 368. primaries, see Primaries-Candidates, terms of, to be designated on ballots under certain conditions, 88. CARBON COUNTY, representative congressional district, 519. state representative district, 528. state senatorial district, 521. CARDS OF INSTRUCTIONS, destroying at elections, 569. post in booths, also about voting room and give to voters upon request, 16, 500, 558. CARDS OF PENALTIES, post in booths, also about voting room and give to voters upon request, 16, 500, 558. CENTRE COUNTY, representative congressional district, 518. state representative district, 528. state senatorial district, 523. CENSUS, of various counties, 575. CERTIFICATES, of election, constable to serve, 25, 103. of election, for person chosen as an inspector, judge, borough or township officer, 103. , (same) for school directors issued by clerk of Quarter Sessions, 255. ., (same) for school directors issued by prothonotary, 274. , (same) third class city charter, 115. watchers, 247, 249, 254. CHALLENGED, electors, in boroughs and townships, at elections, 41, 54 to 57. ., (same) at primaries, 149, 503. ., (same) in cities, at elections, 52. ., (same) at primaries, 147, 149, 503. ., (same) in general at elections, 54 to 58. non-registered elector in boroughs and townships may be, for tax receipt, at elections, 57. CHANGING POLLING PLACES, see Districts. CHARTERS third class cities, election for, returns, 115. CHESTER COUNTY, representative congressional district, 517. return judges in congressional districts to meet in, to adjust consolidated returns, at elections, 111. , (same) at primaries, 174-C. state representative districts, 528. state senatorial districts, 521. pLjii nRFN father or mother naturalized while children are min- ors, 36. CITIES, see also Districts; Elections-Candidates; Primaries- Candidates, Registration. clerks of, to notify county commissioners of all offices for which candidates are to be nominated at fall primary, 390, 494. 158 INDEX (References are to Sections) CITIES (Cont'd) council, incompatible with other offices, 357 to 361, 365. increasing indebtedness of, 84-A, 266- A. mayor, incompatible with other offices, 349, 350, 365. offices, contested election for, 133 to 136. , (same) nomination of, at primaries 375, 388, 390, 417, 491, 493, 494. officers, incompatible with other offices, 368. polling places, 280 to 291. recorder, incompatible with other offices, 349, 350. registrar, second class , incompatible with other offices, 368. second class city offices, nomination of, at primaries, 375 388, 390, 417, 491, 493, 494. third class, election for charter of, returns, 115. treasurer, incompatible with other offices, 365. CITIZENS, see also Naturalization. American women marrying foreigners, loss of citizen- ship, 34. elector must be citizen of United States at least one month to vote at elections, 29. father or mother naturalized while children are min- ors, 36. foreign born women marrying citizens, 35. rights of, not to be denied or abridged by reason of race, color, or previous condition of servitude, 27. , (same) not to be denied or abridged on account of sex, 28. serving wifti allied armies, lost citizenship, 33. twenty-one years of age entitled to vote, 29. woman who is registered and subsequently marries, may vote under certain conditions, 50-A, 52- A, 145-A, 147-A. CLARION COUNTY, representative congressional district, 519. state representative district, 529. state senatorial district, 523. CLEARFIELD COUNTY, representative congressional district, 518. return judges in congressional districts to meet in, to adjust consolidated returns, at elections, 111. , (same) at primaries, 174-C. , (same) senatorial districts, at elec- tions, 111-A. , (same) at primaries, 1 74- A. state representative districts, 529. state senatorial districts, 523. CLERK OF COURTS, see Clerk of Orphans' Court, Clerk of Quarter Ses- sions, Prothonotary. CLERK OF ORPHANS' COURT, incompatible with other offices, 369-B. CLERK OF QUARTER SESSIONS, see also Court of Quarter Sessions, Expenses-Can- didates. deputy, incompatible with other offices, 369-C, D. election expenses, accounts for, to be filed with, 480. incompatible with other offices, 352, 369-B to 369-D. returns of elections to be made to, 107- A, 114, 115. school directors, certificate of election for, 255. CLERKS, see also Ballots, Ballot Check Lists, Closing the Polls, Crimes, Election Officers, Inspectors, Judge of Election, Tally Papers, Voting Check List, and other specific heads. affidavit of, elections or primaries, 8, 11. crimes, at primaries, 373, 513. duties in divided boroughs or townships as to con- solidated returns, 107-A. duties in general, 184 to 192. duties, performing before taking oath of office, elec- tions or primaries, penalties, 8. , (same) refusing or neglecting to per- form, elections or primaries, penalties, 7. incompatible with other offices, 345, 346, 349. mark "V" in voting check list after elector has de- posited his ballot, 89. CLERKS (Cont'd) pay of, 116, 117. sworn or affirmed by judge of election, elections or primaries, 11. vacancy, filled by inspector, 14. CLINTON COUNTY, representative congressional district, 518. return judges in senatorial districts to meet in, to adjust consolidated returns, at elections, 111-A. , (same at primaries, 174- A. state representative district, 529. state senatorial district, 523. CLOSING THE POLLS, at elections, 91. at primaries, 160, 501. election officers duties after, at elections, 91 to 115. , (same) at primaries, 160 to 174, 504. electors who may mark ballots after, 92, 561. COLUMBIA COUNTY, representative congressional district, 518. state representative district, 529. state senatorial district, 522. COMMITTEEMEN, national, election of, at primaries, 378, 383, 385, 387, 491, 494. state, election of, at primaries, 380, 385, 387, 491, 494. , (same) vacancies in office of, how filled, 407, 491. COMMITTEES, state, rules for the government of, power to make, 379, 491. COMMON PLEAS COURT, see Court of Common Pleas. COMPTROLLER, incompatible with other officers, 365. COMPUTING VOTES, see County Return Board, Election offices. CONGRESSIONAL DISTRICTS, see also Districts, Return Judges, representative, 517 to 519. return judges, day for meeting in, at elections, 109. , (same) at primaries. 174- A. , (same) place of meeting to adjust con- solidated returns in, at elections, 111. , (same) at primaries, 174-C. ., (same) to make consolidated returns. in, at elections, 108. , (same) at primaries, 174. CONGRESSMEN, see United States Representatives, United States. Senators. CONSOLIDATED RETURNS, see Clerk of Quarter Sessions Court; Court of Com- mon Pleas, County Commissioners, Return Judges; Returns. CONSTABLES, deputy, appointment of, 25- A. duties in general, at elections or primaries, 18 to 23. incompatible with other offices, 349, 350, 364,365,367. municipal election, give notice of, 22. pay of, for attending elections, 123. serve, certificate of election, 25, 103. CONSTITUTION, Pennsylvania , amendment submitted^ to electors,. method of marking answers thereto, 84, 552. , (same) secretary of commonwealth to transmit to county commissioners and sher- iffs copy of proposed amendments to, 464, 547. United States, nineteenth amendment, women suf- frage, 28. 159 INDEX (References are to Sections) CONTESTED ELECTIONS, borough offices, 134. city offices, 134. classification of, 134. congressional candidate, 183-A, 183-B. county offices, 134. courts to try and determine, 133. general provisions, 132 to 137. governor and lieutenant-governor, 134. judges, excepting judges of the supreme court, 134. no law to apply to, arising prior to its passage, 133. petition to contest, filing of, 135. petitioners, number of, 136. presidential electors and state officers, 134. primaries, in general, 181 to 183-B, 505. school districts, 134. state senators and representatives, 134. trial, 134-A ward offices, 134. when ballots are defective, tribunal trying case to declare election invalid, 567. CORPpRATIONS, prohibited from making contributions for election expenses, 476, 477. , CORRUPT PRACTICES. see Expenses-Candidates COUNTIES population of, 575. to pay all election expenses, 539. , (same) primary, 502. COUNTY AND COUNTY SEATS, 575. COUNTING THE BALLOTS, cast for various candidates, 96, 97, 164, 504. COUNTY AUDITOR, see also Auditor; Comptroller; County Controller, incompatible with other offices, 365, 369 to 369-B. COUNTY COMMISSIONERS, see also Ballot Check Lists; Ballots; Booths; County Return Board; Crimes; Districts; Elections-Can- didates ; Expenses - Candidates ; Incompatible Offices; Primaries-Candidates; Rooms; Voting Check List; and other specific heads, appoint return judges to make consolidated returns in congressional, senatorial, and judicial districts, at primaries, 174. as county return board, at primaries, 176 to 183, 504. ballots, keep a record of the ballots, delivered, spoiled and unused and subsequently returned at primaries, 500. , (same) number of, to be furnished each election district, at elections, 554. J , (same) to be delivered to judge of election or inspectors, 226, 227, 270, 555, 556. .., (same) printing and safe-keeping of, 269-A, 551. candidates, withdrawals of, before elections, 465 to 468, 545, 549, 550. certify to secretary of commonwealth votes given each person nominated in congressional and sena- torial districts, at primaries, 173-B. changing polling places, Court of Quarter Sessions may upon giving proper notice to, 284-A. chief clerk, incompatible with other offices, 369-C, D. clerks or secretaries of cities, boroughs, townships and school districts to notify, of all offices for which candidates are to be nominated at fall pri- mary, 390, 494. county committees, chairman, to notify what offices are to be filled at spring primary, 386. 494. duties as to elections, 263 to 272. . , (same) as to primaries, 256 to 262. election districts may be abolished by, 286. election expenses, blank forms to be furnished can- didates or committees, 489. COUNTY COMMISSIONERS (Con't) .......... .(same) county to pay all, 639. toB equipped by-, for each district, expense of registration, second class cities, to provide .-.-.__._, (same) third class cities, 343, 344. facsimile signature of on ballots, 553. forms required by ballot act, to be furnished by sec- retary of commonwealth, 539. incompatible with other offices, 355, 365, 369-B to D member of county return board at elections under certain conditions, 129. nomination petitions, time of filing with, for elections, 457, 467-A, 543. ......... -, (same) for primaries, 395, 497. official and specimen ballots to be prepared by, for elections, 551, 553, 554. . --- ..... --. (same) for primaries. 500. original registry list as revised in boroughs and town- ships to be returned to, 306. polling places in townships may be changed by, 285. primary expenses, county to pay all, 502. primary returns, certification of, 506. publish names of offices for which nominations are to be made or candidates for party offices to be elected at spring primary, 387, 494. publish number of delegates and party officers to be elected, also nominations to be made at primaries, registers in second class cities, to be delivered to elec- tion officers on election days by, 326. .......... , (same) third class cities, 343. ----- ..... , (same) for previous year to be deli v- ered to registrars, 334. registrars for third class cities, appointment of, 329. return judges in congressional, senatorial and judicial districts to file copy of, consolidated returns in, at primaries, 173-A, 174. returns of primaries to be made to, 172, 173, 504. room to be provided .for computation of votes, at primaries, 179, 504. secretary of Commonwealth to notify, what offices are to be filled at fall primary, 389, 494. __________ , (same) at spring primary, 384, 494. __________ , (same) to transmit list of candidates nominated by nomination papers, also transmit proposed amendment to constitution, 464, 547. state committee, chairman, to notify, what offices are to be filled at spring primary, 385, 494. stickers for ballots to be prepared by, when necessary for substituted candidate a name at elections, 468, 550. watchers' certificates to be furnished by, 246,252, 254 . COUNTY COMMITTEES, chairman, to notify county commissioners what offices are to be filled at spring primary, 386, 494. COUNTY CONTROLLER, see also Auditor, Comptroller, County Auditor; county offices incompatible with other offices, 365, 369-C to 369-D. COUNTY OFFICES, see also Clerk of Orphans' Court; Clerk of Quarter Sessions Court; County Commissioners; County Controller; County Treasurer; Prothonotary, and other specific heads. contested elections for, 133 to 136. incompatible with other offices, 352, 354, 355, 357, 361, 365, 368, 369 to 369-D. nominations of, at primaries, 375, 388. 389, 491, 493. COUNTY POLITICAL PARTIES, defined, primaries, 382, 492. COUNTY PRISON INSPECTOR, gee Prison Inspector. COUNTY RETURN BOARD, elections, duties in general, 127, 128, 129. primaries, certification of returns, 506. .......... (same) duties in general, 176 to 183 504. 160 INDEX (References are to Sections) COUNTY TAX, see Qualifications of Voters, Taxes. COUNTY TREASURER, chief clerk, incompatible with other offices, 369-C, D. incompatible with other offices, 369 to 369-D. COURT OF COMMON PLEAS, see also Prothonotary. appoint return judges to make consolidated returns in congressional, senatorial, and judicial districts, at elections, 108. judges to constitute county return board at elections 127, 128; 129. polling places, changing of under certain conditions, COURT OF QUARTER SESSIONS, see also Clerk of Quarter Sessions. annexation of election district to a city, 281. appoint election officers, previous to elections, 196, 220- A, 281-A, 282, 284-B. consolidation of election districts, appointment of election officers, 281, 282. constable, deputy, appointment of, 25-A. contested election, congressional candidate, 183-A, 183-B. determines the territory and bounds of election dis- tricts, 280. division of a district, 281. peace officers to report election disturbances to, 19, 23, 24. polling places, changed by, 284-A, 284-B. , (same) power to fix, 281. CRAWFORD COUNTY, representative congressional district, 519. return judges in congressional districts to meet in, to adjust consolidated returns, at elections, 111. , (same) at primaries, 174-C. , (same) senatorial districts, at elec- tions, 111- A. , (same) at primaries, 174- A. state representative district, 529. state senatorial district, 524. CRIMES, ballots unlawfully obtained to be transmitted to dis- trict attorney by judge of election, 239. betting on elections, 372. election officers, at primaries, 6, 7, 8, 12, 373, 513. election expenses, penalty for incurring illegal ex- penses, 490. elector, disqualified for bribery, 371. , (same) disqualified for violating election laws, 374. misdemeanors, at elections, 568 to 573. , (same) at primaries, 511 to 513. penalties, at primaries, 511 to 513. , (same) card of, to be posted in booths, also about voting room and given to voters upon request, 16, 500, 558. primaries, nomination petitions, unqualified elector signing same, penalty, 404, 513. public officers neglecting to perform election duties, 571. supplying false tickets to electors, 370. United States courts without jurisdiction for crimes committed at primary election, 3 74- A. CUMBERLAND COUNTY, representative congressional district, 518. state representative district, 529. state senatorial district, 523. CURB STONE ELECTION, vacancies on board, election or primary election morning filled by, 13. DATES of elections, 1, 2. of primaries, 138, 493. DAUPHIN COUNTY, representative congressional district, 518. return judges in congressional, districts to meet in, to adjust consolidated returns, at elections, 111. , (same) at primaries, 174-C. state representative districts, 529. state senatorial districts, 521. DAYS, election, see Election Days, registration, see Registration,. DEATH, of candidate after filing nomination petition, and be- fore primary, 410, 507. of candidate before elections, method of filing new petition, 466 to 468, 545, 549, 550. DELAWARE COUNTY, representative congressional district, 517. state representative district, 529. state senatorial district, 520. DELEGATES, national party conventions, election of, at primaries, 376, 383, 385, 491, 493, 494. DEPUTY CONSTABLE, appointment of, 25-A. DISABILITY, elector, assistance in marking ballot, at elect.ons, 66, 67, 561, 564. -.., (same) at primaries, 157, 501. DISPOSING, of ballot box, see Ballot Box. DISQUALIFIED, as election officer, 345, 346, 349. DISQUALIFYING ELECTORS, bribery, 371. violating election laws, 374. DISTRICT ATTORNEY, incompatible with other offices, 354, 365, 369-C, D. DISTRICTS, see also Apportionment; Congressional Districts, Ju- dicial Districts; Residence; Rooms; Senatorial Dis- tricts. abolished, by county commissioners, 286. annexation of election, to a city, 281. ballots, number to be furnished each election district, at elections, 554. , (same) at primaries, 500. consolidation of, appointment of election officers, 281, 282. costs for the division or creation of an election, 281. division of a district, 281. elector must cast ballot within district in which he is domiciled, 38. general provisions as to, 280 to 291. new election, 220-A, 280, 281, 281-A, 282, 284-A, 284-B. polling places, changed by common pleas court under certain conditions, 283. , (same) changed by court of quarter sessions, 284-A. , (same) changed by governor where there is a malignant disease, 284. , (same) in townships may be changed by county commissioners or court of quarter seessions, 284-B, 285. registered electors moving from one election district to another, second class cities, 321, 324. (same) third class cities, 333. residence of elector to be two months in, 29. DIVISION OF ELECTION DISTRICTS, see Districts. 161 DOMICILE, see Residence. DUPLICATE, tally papers, see Tally Papers. DUTIES. assessors in boroughs and townships, see Registration. clerks, see Clerks. constables in general, 18 to 26. county commissioners, see County Commissioners. county return board, at elections, 127, 128, 129. . , (same) at primaries, 176 to 183. election officers, see Election Officers and other speci- fic heads. inspectors, see Inspectors, judge of election, see Judge of Election, overseers of elections, in general, 242, 243, 244, 245. peace officers, in general, at elections, 18 to 26. .. , (same) at primaries, 141. preliminary duties of election officers before opening polls, elections or primaries, 6 to 17. return judges, at elections, 107 to 115. , (same) at primaries, 108 to 111, 172 to 174-C. secretary of commonwealth, see Secretary of Com- monwealth, sheriff, see Sheriffs, watchers, in general, 246 to 254. ELECTION BOARDS, see Election Officers. appointment of, for new election district, 281- A. ELECTION BOOTHS, see Booths. ELECTION DAYS, general, dates of, 1. general and munici municipal, dates of, 2. primary, 138, 493. ELECTION DISTRICTS, see Districts. ELECTIONEERING, within voting rooms forbidden, 561. ELECTION EXPENSES, candidates, see Expenses-Candidates, county to pay, elections, 539. county to pay, primary, 502. ELECTION OFFICERS, see also Clerks, Inspectors, Judge of Election, Over- seers of Elections, Return Judges, Watchers, and other specific heads. affidavits of, elections or primaries, 8, 10, 11, 12. appointment of, previous to elections, by court of quarter sessions, 196, 220-A, 284-A, 282, 284-B. computing votes cast, 97, 164, 504. disqualified, 345, 346, 349. incompatible with other offices, 345, 346, 349. _ judge or minority inspector neglecting or refusing to be sworn, elections or primaries, 12. nominations of, at primaries, 375, 388, 390, 491, 493,494. oath of, disposition of, at elections, 104, 112, 113. , (same) at primaries, 169, 172. , (same) elections or primaries, 8, 10, 11, 12. pay of, 116 to 126. places to be properly arranged, 17, 557. preliminary duties, before opening polls, elections or primaries, 6 to 17, 501. vacancies, election or primary election morning, 13, 14, 501. ELECTION PROCLAMATION, issued by sheriff, 275, 276,.277, 278, 279, 548. . primaries, county commissioners to publish notice of offices to be filled at, 494. INDEX (References are to Sections) ELECTION ROOMS, ELECTIONS-CANDIDATES, ballots, candidates names on, arrangement of, 552. candidate, death of, before election, method of filing new petition, 466 to 468, 545, 549, 550. candidates, expenses, 469 to 490. , (same) names on ballots, arrange- ment of, 552. ----------, (same) vacancies, 465 to 468, 545, 649, 550. , (same) withdrawal of, before elec- tions, 465 to 468, 545, 549, 550. constitutional amendments, secretary of common- wealth to transmit to county commissioners and sheriffs, copy of proposed amendment to consti- tution, 464, 547. county commissioners nomination petitions, time for filing with, for, 457, 467-A, 543. death of candidate before elections, method of filing new petition, 466, 467, 468, 545, 549, 550. expenses, for candidate, 469 to-490. nominations, by nomination papers, how made, 450, nomination petitions, death of candidate before elec- tions, method of filing new petition, 466, 467, 468, 545, 549, 550. -- -.., (same) electors qualifications of, as to residence, occupation, etc., 452, 541. , (same) objections to filing, 455, 460, 461, 462, 463, 542. 543, 544. , (same) open to public inspection,546. , (same) presidential electors time of filing with secretary of commonwealth, 456, 458, 459, 543. .... (same) representatives in congress, time of filing with secretary of commonwealth, 456, 543. , (same) secretary of commonwealth to transmit list of candidates nominated by nomi- nation papers to county commissioners and sheriffs, 464, 547. , (same) setting aside, 455, 460, 461, 462, 463, 542, 543, 544. , (same) signatures, number required for various offices, 451, 541. , (same) state offices, tune of filing with secretary of commonwealth, 456, 467-A, 543. ,___, (same) state representatives, time of filing with secretary of commonwealth, 456, 543. , (same) state senators, time of filing with secretary of commonwealth, 456, 543. ... (same) substitute 465 to 468, 545, 549, 550. ..., (same) time, method of reckon- ing periods of, 463, 543. ..., (same) time of filing with county commissioners for, 457, 467-A, 543. , (same) time of filing with secretary of commonwealth, 456, 467-A, 543. ... (same) what they shall specify, 453, 454, 542. party names, 448, 449, 541. presidential electors, withdrawal of, as candidate for, before elections, 465 to 468, 545, 549 550. representatives in congress, withdrawal of as candir date for, before elections, 465 to 468, 545, 549, 550. secretary of commonwealth, nomination petitions, time of filing with, 456, 467-A, 543. t (same) to transmit list of candidates nominated by nomination papers or propose^ amendment to constitution to county commis- sioners and sheriffs, 464, 547. signers to nomination petitions, number required, state offices, withdrawal of, as candidate for, before election, 465 to 468. 545, 549, 550. stickers for ballots to be prepared by county commis- sioners when necessary for substituted candidates name, 468, 550. 162 INDEX (References are to Sections) ELECTIONS-CANDIDATES, (Con't) substitute nomination papers, 465 to 468, 545,549,550. time, method of reckoning periods of time at, 463,543. vacancies, how candidates shall be nominated to fill, 465 to 468, 545, 549, 550. withdrawal of candidate, before elections, 465 to 468, 545, 549, 550. ELECTORS, see also Ballots, Closing the Polls, Qualifications of Voters, Registration, Taxes, and other specific heads. affidavits, disposition of, at primaries, 171, 172. bribery, disqualifying, 371. disability of elector, assistance in marking ballot, at elections, 66, 67, 561, 564. , (same) at primaries, 157, 501. disqualified for violating election laws, 374. give name and residence to officer in charge of bal- lots, 62, 559. qualified elector's name, only to appear on party bal- lot as candidate of such party, at primaries, 412, 413, 496. qualifications of, signing nomination petitions, for elections, 452, 541: right to vote, controversies as to, 64. supplying false tickets to, penalty for, 370. who may mark ballots, after closing polls, 92, 561. ELK COUNTY, representative congressional district, 519. state representative district, 530. state senatorial district, 523. ENROLLMENT OF VOTERS, ballot of his party, registered and enrolled, elector. entitled to vote at primaries, 143, 146, 503. boroughs and townships, 295, 296, 297, 304. certificate of, in boroughs and townships, 295, 296, 297, 304. electors, cannot vote party ballot at primaries unless enrolled, 143, 146, 503. second class cities, 319. 320. third class cities, 338, 339. ERIE COUNTY, representative congressional district, 519. state representative district, 530. state senatorial district, 524. ESTABLISH, right to vote, see Qualifications of Voters. EXPENSES-CANDI DATES, account, not to be filed when no contributions are received or disbursements made, 479. , (same) oath not to be administered to persons elected to office until account has been filed, 481. accounts, audit of, decision of court, subject to appeal, 485. .. , (same) detailed to be filed when sums exceeding fifty dollars ($50.00) are re- ceived or disbursed, 479. , (same)open to public inspection,482. , (same) time of filing and auditing of, 483 to 488. . ..., (same) to be filed with secretary of commonwealth or clerk of quarter sessions court, 480. answers to questions in regard to, compulsory, 487. attorney-general, duty of, if court shall decide illegal expenses have been incurred, 485. auditor, duties and powers of, in auditing accounts, ' 483, 484, 488. banks, national , prohibited from making contribu- tions for, 476. blank forms for, to be furnished candidates and corn- candidate, defined, 471. candidate for election, defined, 470. candidate for nomination, defined, 469. candidates, contributions to, for expenses, 477. EXPENSES-CANDIDATES (Cont'd) clerk of quarter sessions court, account filed with, 480' contributions for, except to candidates or political committees prohibited, 477. corporations, prohibited from making contributions for, 476, 477. defined, 469 to 474. district attorney, duty of, if court shall decide illegal expenses have been incurred, 486. forms for, to be furnished candidates and committees, 489. illegal, 483 to 488, 490. lawful, 478. national banks, prohibited from making contributions for, 476. oath not to be administered to persons elected to office until account has been filed, 481. penalty for incurring illegal, 490. political committee, defined, 473. political committees, contributions to, for, 477. , (same) treasurer of, to receive and disburse all moneys for, 475. public inspection, accounts open to, 482. public office, defined, 472. secretary of commonwealth, account filed with, 480. United States representatives and senators, 490-A. vouchers to accompany each expenditure exceeding ten dollars ($10.00), 480. EXPENSES-COUNTY, to pay all election expenses, 539. primary election, county to pay. 502. FALL NOMINATIONS, primaries, see Primaries-Candidates. FALL PRIMARY, odd numbered years, 138, 493. FAYETTE COUNTY, representative congressional district, 518. return judges in congressional districts to meet in, to adjust consolidated returns, at elections, 111. , (same) at primaries, 1 74-C. state representative district, 530. state senatorial district, 523. FEDERAL EMPLOYEES, may register in second class cities by petition, 327. FILING PETITIONS, of nominations, see Elections-Candidates, Primaries- Candidates. FILLING VACANCIES, see Vacancies. FOREST COUNTY, representative congressional district, 519. state representative district, 530. state senatorial district, 523. FRANKLIN COUNTY, representative congressional district, 518. return judges in senatorial districts to meet in, to adjust consolidated returns, at elections, 111-A. .., (same) at primaries, 1 74- A. state representative district, 530. state senatorial district, 523. FRAUD, court of common pleas, powers agio primaries, 181. election returns, county return board, powers as to, 128. primary returns, county return board, powers as to, 181, 182, 183, 504. FULTON COUNTY, representative congressional district, 518. state representative district, 530. state senatorial district, 523. 163 GENERAL ELECTIONS, dates of, 1. GENERAL RETURN SHEETS, see also Return Sheets. preparation and disposition of, at primaries, 161, 167, 172, 504. GOVERNOR, contested election for, 133 to 136. GREENE COUNTY, representative congressional district, 519. state representative district, 530. state senatorial district, 524. GUARD RAIL, admit elector within, after he has established his right to vote, 65. ballot box to be at least six feet from, 17, 557. no more than ten voters to be outside the, at one time, 60, 561. number of persons allowed within ,at any one time, 61, 559. peace officers to remain outside, at elections, 20, 566. , (same) at primaries, 141, 513. HEALTH, BOARD OF, see Board of Health. HOLIDAYS, general and municipal election days to be, 4. HOURS, elections, 5. primaries, 139, 501. registration, boroughs and townships, 304. .., (same) second class cities, 314. .. , (same) third class cities, 332. HUNTINGDON COUNTY, representative congressional district, 518. state representative district, 530. state, senatorial district, 523. ILLUSTRATIONS, showing method of marking ballots, 74 to 82. INCOMPATIBLE OFFICES, election officers offices, with that of, 345, 346, 349. general assembly may declare what are, 345. in general, 345 to 369-D. INDEPENDENT PARTY, nominations, see Elections-Candidates, Political Par- ties. INDIANA COUNTY, representative congressional district, 519. return judges in congressional districts to meet in, to adjust consolidated returns, at elections, 111. , (same) at primaries, 174-C. , (same) senatorial districts, at elec- tions, 111- A. , (same) at primaries, 174- A. state representative district, 530. state senatorial district, 523. INSPECTORS, see also Ballots. Ballot Box, Ballot Check Lists, Clerks, Crimes, Election Officers, Judge of Election, Voting Check List, and other specific heads. affidavits of, elections or primaries, 8, 11, 12. announce name of elector to clerk after he has depos- ited his ballot, 89. appointment for new election district, 196-A. appointment of, previous to elections, by court of quarter sessions, 196, 196-A, 282. ballot box, charge of, 207, 209. , (same) to be opened by, 96, 164, 566. ballots, package containing, to be delivered or called for by inspector when judge of election is unable to perform duty, 226, 227, 555. INDEX (References are to Sections; INSPECTORS (Cont'd) certificate of elector for, 103. clerks, vacancies filled by, 14. crimes, at primaries, 373, 513. 4 s to qualifications of electors, judge to duties in general, 193 to 218. duties, performing before taking oath of office elec- tions or primaries, penalties, 8. K -f ..... T--A ( 8ame > F efusin or neglecting to perform, elections or primaries, penalties. 7. election and term of, 193, 194, 195. election officers refusing or neglecting to be sworn. elections or primaries, 12. failing to attend at time of opening the polls eleo- . tions or primaries, penalty. 6. incompatible with other offices, 345, 346. 349. minority, papers retained at elections, 106. . ----- ...... (same) at primaries, 171. 504. nomination of, at primaries. 375, 388, 390, 491, 493, pay of, 116, 117. sworn or affirmed by judge of election, elections or pri- maries, 11. vacancy, majority, election or primary election morn- ing, 13. ---------- , (same) minority, election of primary election morning. 13. --- ..... --, (same) previous to elections, court to appoint, 196. JEFFERSON COUNTY, representative congressional district, 519. state representative district, 531. state senatorial district, 523. JUDGE OF ELECTION, see also Ballots, Ballot Box, Crimes, Closing the Polls, Pay of Election Officers, Return Judges, and other specific heads. affidavit of, elections or primaries, 8, 10, 11, 12. appointment for new election district, 220-A. appointment of, previous to elections, by court of quarter sessions, 221, 282, 284-B. ballots, etc., package containing, to be publicly opened on election or primary election morning, 9, 558. , (same) package containing, to be delivered to or called for, 226, 227, 555. certificate of elector for, 103. count votes cast for various candidates, 97, 164, 504, 566. crimes, at elections, 569. (same) at primaries, 373, 513. disagreement of inspectors as to qualifications of electors, judge to decide, 64. duties in divided boroughs or townships as to con- solidated returns, 107-A. duties in general, 219 to 241. duties, performing same before taking oath of office, elections or primaries, penalties, 8. , (same) refusing or neglecting to per- form, elections or primaries, penalties, 7. election and term of, 219. election officers, refusing or neglecting to be sworn, elections or primaries, 12. failing to attend at time of opening the polls, election! or primaries, penalty, 6. incompatible with other offices, 345, 346, 349. nomination of, at primaries, 375,388,390,491,493,494. pay of, 116, 117, 119, 120, 121, 122. sworn or affirmed by minority inspector, elections or primaries, 10. transmit all ballots unlawfully obtained to district attorney, 239, 565. vacancy, election or primary election morning, 13. vacancy, previous to elections, court to appoint, 221 164 INDEX (References are to Sections) JUDGES, see also Judge of Election; Return Judge, as county return board, at elections, 127, 128, 129. associate, incompatible with other offices, 353. candidate for office, disqualified as member of county return board at elections, 129. contested election for, 133, 134, 135, 136. incompatible with other offices, 369-B. member of county return board at primaries under certain conditions, 177, 504. nomination of, 415, 416. withdrawal of candidate's name for the office of. 405, 465. JUDICIAL DISTRICTS, see also Districts; Return Judges. return judges, day for meeting in, at elections, 109. , (same) at primaries, 1 74- A. , (same) to make consolidated returns in, at elections, 108. , (same) at primaries, 173- A, 174. JUNIATA COUNTY, representative congressional district, 518. state representative district, 531. state senatorial district, 523. JUSTICES OF THE PEACE, as peace officer, penalty for neglecting to perform duties in regards to elections, 18, 19. incompatible with other offices, 349, 350, 352, 353,356. swear or affirm judge of election in absence of minor- ity inspector, elections or primaries, 10. LACKAWANNA COUNTY, representative congressional district, 517. state representative district, 531. state senatorial district, 522. LANCASTER COUNTY, representative congressional district, 517. state representative district, 532. state senatorial district, 521. LAW JUDGES, see Judges. LAWRENCE COUNTY, representative congressional district, 519. state representative district, 532. state senatorial district, 524. LEBANON COUNTY, representative congressional district, 518. return judges in senatorial districts to meet in, to adjust consolidated .returns, at elections, 111- A. , (same) at primaries, 1 74- A. state representative district, 532. state senatorial district, 521. LEHIGH COUNTY, representative congressional district, 518. state representative district, 532. state senatorial district, 521. LIEUTENANT GOVERNOR, contested election for, 133, 134, 135, 136. LIQUORS, not to be sold on primaries, 139. LIST OF VOTERS, see also Numbered List of Voters, not to be made except those expressly authorized by law, 90, 562. LUZERNE COUNTY, representative congressional district, 517. state representative district, 533. state senatorial district, 522. LYCOMING COUNTY, representative congressional district, 518. return judges in senatorial districts to meet in, to adjust consolidated returns, at elections, 111-A. , (same) at primaries, 174- A. state representative district, 534. state senatorial district, 522. MARKING BALLOTS, See Ballots. MARRIAGE, American women marrying foreigners, loss of citizen- ship, 34. foreign born women marrying citizens, 35. woman who is registered and subsequently marries, may vote under certain conditions, 50-A, 52-A, 145-A, 147-A. MAYOR, as peace officer, penalty for neglecting to perform duties in regards to elections, 18, 19. incompatible with other offices, 349, 350, 365. MERCER COUNTY, representative congressional district, 519. state representative district, 534. state senatorial district, 524. MIFFLIN COUNTY, representative congressional district, 518. return judges in congressional districts to meet in, to adjust consolidated returns, at elections, 111. , (same) at primaries, 174-C. state representative district, 534. state senatorial district, 523. MINORS, see Children. MIXED, ticket, marking ballots, see Ballots. MONROE COUNTY, representative congressional district, 519. return judges in senatorial districts to meet in, to adjust consolidated returns, at elections, 111-A. . (same) at primaries, 1 74- A. state representative district, 534. state senatorial district, 521. MONTGOMERY COUNTY, representative congressional district, 517. return judges in congressional districts to meet in, to adjust consolidated returns, at elections, 111. , (same) at primaries, 174-C. state representative district, 534. state senatorial district, 520. MONTOUR COUNTY, representative congressional district, 518. state representative district, 534. state senatorial district, 522. MUNICIPAL ELECTIONS, constable to give notice of, 22. MUNICIPAL OFFICERS, see also Primaries-Candidates; Elections-Candidates contested election for, 133, 134, 135, 136. MUNICIPALITIES, increasing indebtedness of, 84-A, 266-A. McKEAN COUNTY, \ representative congressional district, 518. state representative district, 534. state senatorial district, 523. NAME, inserted on ballots, see Ballots. of political party, see Political Parties. NATIONAL BANKS, prohibited from making contributions for election expenses, 476. 165 INDEX (References are to Sections) NATIONAL COMMITTEEMEN, election of, at primaries, 378, 383, 385, 387, 491 493 494. vacancies in, how filled, 406, 491. NATIONAL PARTY CONVENTIONS, delegates and alternate delegates to, election of, at primaries, 376, 383, 385, 491, 493, 494. NATIVE BORN CITIZEN, see Citizens, Electors, Qualifications of Voters. NATURALIZATION, see also Citizens. certificate, judge of election duties as to when elector votes on, in boroughs and townships, 236. (same) registration on, in second class cities, 317, 324. , (same) third class cities, 337. father or mother naturalized while children are min- ors, 36. naturalized elector in boroughs and townships must exhibit certificate of, to assessor, 300. papers, voting on, in boroughs and townships, 46, 47, 48, 236. NEW ELECTION DISTRICT, see Districts. NEWSPAPERS, election proclamation issued by sheriff, 276, 278, 279, 548. primaries, county commissioners to publish notice of offices to be filled at, 494. NOMINATIONS, after primary, see Elections-Candidates, Primaries- Candidates. by nomination papers, how made, 450, 467-A, 541. elections, see Elections-Candidates, petition, primary, see Primaries-Candidates, primaries, see Primaries-Candidates, spring, at primaries, see Primaries-Candidates. NORTHAMPTON COUNTY, representative congressional district, 519. return judges in congressional district to meet in, to adjust consolidated returns, at elections, 111. .__ , (same) at primaries, 174-C. state representative district, 534. state senatorial district, 521. NORTHUMBERLAND COUNTY, representative congressional district, 518. return judges in congressional districts to meet in, to adjust consolidated returns, at elections, 111. , (same) at primaries, 174-C. - , (same) senatorial districts, at elec- tions, 111- A. , (same) at primaries, 174- A. state representative district. 534. state senatorial district, 523. NOTARY PUBLIC, incompatible with other offices, 349, 350. NOTICE, constable to give notice of municipal elections, 22. election proclamation, issued by sheriff, 275 to 279. method of reckoning periods of time at elections, 463, 543. primaries, county commissioners to publish notice of offices to be filled at, 494. NOT REGISTERED, see Qualifications of Voters, Registration. NUMBER, of ballot for each election district, see Ballots, County Commissioners, voters allowed in election room at any one time, 60, 61, 559, 561. NUMBERED LIST OF VOTERS, add elector's name after he has established his right to vote, at electipns, 65. add elector's name in, and notation of ballot voted at primaries, 151, 504. compare number of ballots issued with names entered in, at primaries, 162, 504. disposition of, at elections, 104, 112, 113. .......... , (same) at primaries, 163, 169, 172, 504. OATHS, election officers, elections or primaries, 8, 18, 11, 12. .......... , (same) disposition of, at elections, 104, 112, 113. .. ........ , (same) at primaries, 169, 172. 504. persons elected to public office, oath not to be ad- ministered to, until account of election expenses has been filed, 481. OBJECTIONS, nomination petitions or papers, see Elections-Candi- dates, Primaries-Candidates. party name, see Political Parties. OCCUPATION TAX, see Taxes. OFFICERS, election, see Election Officers. peace, see Peace Officers. public, see Public Officers. OFFICES, filled by election, see Elections-Candidates; Prima ries-Candidates. OFFICIAL, ballots, see Ballots, County Commissioners. OPENING THE POLLS, general or municipal elections, 5. primaries, 139, 501. ORIGINAL REGISTRY LIST, of voters, boroughs and townships, 303. OVERSEERS OF ELECTIONS, appointment of, 242, 510. crimes, at primaries, 373, 513. duties in general, 242, 243, 244 245. sworn or affirmed by judge of election, elections or primaries, 11. PARTIES, see Political Parties. PARTY BALLOTS, see Ballots, PARTY ENROLLMENT, see Enrollment of Voters. 493, 494. aries, 376, 383, 385, 386. 387, 491, PARTY NAMES, see Political Parties, PARTY RETURN SHEETS, see Return Sheets. PATH-MASTER, incompatible with other offices, 364. PAY OF ELECTION OFFICERS, in general, 116 to 126. PEACE OFFICERS, 166 INDEX (References are to Sections) PENALTIES, see Cards of Penalties; Clerks, Crimes; Judge of Elec- tions; Inspectors; and Peace Officers. PERRY COUNTY, representative congressional district, 518. return judges in senatorial districts to meet in, to adjust consolidated returns, at elections, 111- A. -.-, (same) at primaries, 174- A. state representative district, 535. state senatorial district, 523. PERSONAL REGISTRATION, see Registration. PETITIONS, contested election, see Contested Election, Elections- Candidates, Primaries-Candidates, nominations, elections, see Elections -Candidates, nominations for primaries, see Primaries-Candidates. PHILADELPHIA, representative congressional district, 517. state representative district, 525. state senatorial district, 520. PIKE COUNTY, representative congressional district, 518. state representative district, 535. state senatorial district, 521. PITTSBURGH, representative congressional district, 519. state representative district, 526. state senatorial district, 524. POLICE OFFICERS, duties, at elections, 18, 19. 20. , (same) at primaries, 141, 513. POLITICAL COMMITTEES, see also Expenses-Candidates, Political Parties. account, not to be filed when no contributions are received or disbursements made, 479. , (same) detailed to be filed when sums exceeding fifty ($50.00) dollars are re- ceived or disbursed, 479. blank forms for election expenses to be furnished to, 489. contributions to, for election expenses, 477. defined, election expenses, 473. treasurer of, to pay lawful election expenses, 478. , (same) to receive and disburse all moneys for election expenses, 475. POLITICAL PARTIES, adopting a certain political appellation to designate their policy to file affidavit, etc., with prothono- tary, 448, 449, 541. independent party name, 448, 449, 541. independent party nominations, 448 to 456, 460 to 468, 541, 542. officers, election of, at primaries, 376, 383, 385, 386, 387,491,493,494. party name, objections to, 542. , (same) state or county, 448, 449, 541. polling two per centum of entire vote at elections, 540. pre-emption of name, 448, 449, 541. within the county, defined, primaries, 382, 492. within the state, defined, primaries, 381, 492. POLL BOOK, . watchers may keep, 250. POLLING PLACES, see also Closing the Polls; Districts; Opening the Polls; Rooms, close, general or municipal elections, 5, 91. , (same) primaries, 139, 160, 501. closing, electors who may vote after, 92, 561. open, at general or municipal elections, 5. , (same) primary elections, 139, 501. POLL TAX, see Taxes. POOR, directors of, can sue and recover from bettors or stakeholders on elections, 372. -- -, (same) incompatible with other offi- ces, 357. , (same) to receive forfeiture for any one filling an incompatible office, 351. POPULATION, of various counties 575. POTTER COUNTY, representative congressional district, 518. return judges in senatorial districts to meet in, to adjust consolidated returns, at elections, 111- A. , (same) at primaries, 174- A. state representative district, 535. state senatorial district, 523. PRE-EMPTION, of party name, see Political Parties. PRELIMINARY DUTIES, election officers, before opening the polls, elections or primaries, 6 to 17, 501. PRESIDENTIAL ELECTORS, contested election for, 133 to 136. method of marking ballots for, see Ballots. nomination petitions for, time of filing with secre- tary of commonwealth, for elections, 456, 458, 459, 543. President of the United States, elector to vote his preference for one person to be candidate of his political party for, 376, 377, 384, 491, 494. withdrawal as candidate for, before elections, 465, 466, 467, 467-A, 468, 545, 549, 550. PRESIDENTIAL VOTE, electoral vote by states for president, 576. PRIMARIES see also Ballots; County Commissioners; Primaries- Candidates; Returns; Secretary of Commonwealth; Tally Papers; and other specific heads. crimes committed at primary election, United States Court without jurisdiction, 374-A. how conducted, 140, 501. liquors not to be sold on, 139. when held, 138, 497. PRI M ARI ES-CANDI DATES, affidavits, nomination petitions, 397, to 401, 496. alternate delegates to national party conventions, election of, 376. 383, 385, 491, 493, 494. ballots, 412, 413, 414, 495. , (same) candidates names on, ar- rangement of, 413-A, 495. borough officers, nominations of, 375, 388, 390, 491, 493, 494. boroughs, clerks or secretaries of, to notify county commissioners of all offices for which candidates are to be nominated at fall primary, 390, 494. candidate, death of, after filing nomination petition and before primary, method of filing new petition, 410, 507. candidates, arrangement of names on ballots, 413-A, 495. , (same) nominations in general, 375 to 414. , (same) nominations, judges of courts of record, 415, 416. candidates, nominations in general, 375 to 414. , (same) only qualified electors of party to have name printed on party ballots, 413, 495, 496. ,(same) second class city officers,417. , (same) vacancies, 405 to 411. , (same) withdrawal of, 405 to 411. 167 INDEX (References are to Sections) PRIMARIES-CANDIDATES, (Con't) cities, clerks of, to notify county commissioners of all offices for which candidates are to be nominated at fall primary, 390, 494. city officers, nominations of, 375, 388, 390, 417, 491, 493, 494. county commissioners, nomination petitions, time of filing with, 395, 497. ----, (same) to be notified by clerks or secretaries of cities, boroughs, townships and school districts of all offices for which candi- dates are to be nominated at fall primary, 390, 417, 494. .._, (same) to publish names of offices for which nominations are to be made or can- didates for party offices to be elected at spring primary, 387, 494. county committees, chairman to notify county com- missioners what offices are to be filled at spring primary, 386, 494. county officers, nominations of, 375, 388, 389, 491,493. county political party defined, 382, 492. death of candidate after filing nomination petition, and before primary, method of filing new petition, 410, 507. delegates to national party conventions, election of, 376, 383, 385, 491, 493, 494. election days and hours, 138, 139, 493. election officers, nominations of, 375, 388, 390, 491, 493, 494. fall nominations, offices to be filled at the municipal election shall be nominated at, 388, 389, 390, 493, 494. fall primary, clerks or secretaries of cities, boroughs, townships and school districts to notify county commissioners of all offices for which candidates are to be nominated at, 390, 494. fall primary, secretary of the commonwealth to notify county commissioners what offices are to be filled at, 389, 494. judges, nominations, 415, 416. municipal elections, offices to be filled at the munici- t, pal election to be nominated at the fall, 388, 389, 390, 493, 494. national committeemen,vacancies,how filled,406,491. national party conventions, delegate or alternate dele- gate to, election of, 376, 383, 385, 491, 493, 494. nomination petitions, affidavits, 397 to 401, 496. , (same) candidate for delegate or alternate delegate to national party conven- tion, affidavit of, to support presidential nomi- nation, candidate receiving highest vote of his party at state primary, 400, 401, 496. , (same) candidates for state, county or city office to file affidavit of residence, 399, 496. , (same) death of candidate after fil- ing and before primary, method of filing new petition, 410, 507. , (same) invalidity of, 394, 498. , (same) may be on one or more sheets, if each sheet is accompanied by affidavit, 397, 398,496. ..., (same) objection to, setting aside, 394, 402, 403, 498. , (same) rejecting same, causes for, 394, 402, 403, 498. , (same)residence,affidavit of ,399,496. .., (same) setting aside, 402, 498. , (same) signatures, number required for various offices, 392, 393, 497. , (same) signers, qualifications of, 394, 396, 496. .., (same) time of filing with secretary of state or county commissioners, 395, 497. ., (same) unqualified elector signing same, penalty, 404, 513. , (same) vacancies, how filled, 405 to .., (same) when same may be legally circulated, 391, 496. nominations borough offices, 375, 388, 390, 491, 493, 494. PRIMARIES-CANDIDATES (Con't) .......... , (same) county commissioners to publish names of offices for which nominations are to be made or candidates for party offices to be elected at spring primary, 387, 494. .......... , (same) county officers, 375, 388, 389, 491, 493. ---------- , (same) election officers, 375, 388, 390, 491, 493, 494. .......... . (same) fall, offices to be filled at the municipal election shall be nominated at, 388. 389, 390. 493, 494. .......... , (same) of candidates in general, 375 to 417. ...... ____ , (same) public offices, 375, 383, 388 to 390, 491, 493, 494. _. ........ , (same) representatives in congress, 375, 383, 384, 491, 493. ........ .., (same) school districts, 375, 388, 390, 491, 493, 494. ----- ...... (same) spring, offices to be filled at general election shall be nominated at, 383, 384, 385, 386, 387. 415, 493. 494. .......... , (same) state officers, 375, 383, 384, 491, 493. ... ....... , (same) township offices, 375, 388, 390, 491, 493, 494. __________ , (same) United States senators, 375, 383, 384, 491, 493. ........... (same) ward offices, 375, 388, 390, 491, 493, 494. party officers, election of, 375 to 414. political party within the county, defined, 382, 492. ____ ...... , (same) within the state, defined, 381, 492. president of the United States, elector to vote his preference for one person to be candidate of his political party for, 376, 377, 384, 491. 494. public offices, nominations of, 375, 383, 388, 389, 390, 491, 493, 494. representatives in congress, nomination of, 375, 383, 384, 491, 493. school districts, clerks or secretaries of, to notify county commissioners of all offices for which can- didates are to be nominated at fall primary, 390, 494. ,., (same) nominations of, 375, 388, 390, 491, 493, 494. secretary of commonwealth, nomination petitions, time of filing with, 395, 497. ________ , (same) to notify county commission- ers what offices are to be filled at fall primary. 389 494 ..... ...... (same) at spring primary, 384, 494. signers to nomination petitions, number required, 392, 393, 497. spring nominations, county commissioners to publish names of offices for which nominations are to be made or candidates for party offices to be elected, ooy 404 ., (same) offices to be filled at general "efection shall be nominated at, 383 to 387, 493 494 spring primary, chairmen of county committees to notify county commissioners what offices are to be filled at, 386, 494. .......... , (same) chairmen of state commit- "tees to notify county commissioners what offices are to be filled at, 385, 494. ..... (same) secretary of commonwealth "to "notify county commissioners what offices are to be filled at, 384, 494. state committees, chairmen to notify county com- missioners what offices are to be filled at spring ; election of, 380, 385, 387, 491, 494. ........... (same) vacancies in office of, how state os, 4 no^tions of, 375, 383, 384, 491, 493. 168 INDEX (References are to Sections) PRIMARIES-CANDIDATES, (Con't) state political party, defined, 381, 492. tally papers, see Tally Papers, tie vote, in such case who shall be declared nominee, 180. township offices, nominations of, 375, 388, 390, 491, 493, 494. townships, clerks or secretaries of, to notify county commissioners of all offices for which candidates are to be nominated at fall primary, 390, 494. United States senators, nomination of, 375, 383, 384, 491, 493. vacancies, defined, 409. , (same) how candidates shall be nominated to fill, 405 to 411. , (same) national committeemen, how filled, 406, 491. -.., (same) state committeemen, how filled, 407, 491. vacancies on ticket after primary, how filled, 411, 450 to 468, 507. ward offices, nominations of, 375, 388, 390, 491, 493. 494. withdrawal of candidates at, 405 to 411. PRISON INSPECTORS, incompatible with other offices, 356, 357. PRINTERS, violating ballot act in preparation of ballots, etc., 572. PROCLAMATION, for elections, to be issued by sheriff, 275 to 279, 548. primaries, county commissioners to publish notice of offices to be filled at, 494. PROOF, of qualifications, see Qualifications of Voters; Regis- tration; Taxes. PROTHONOTARY, see also Court of Common Pleas. certify to secretary of commonwealth, votes given each person in congressional, senatorial, and ju- dicial districts, at elections, 113-B. deputy, incompatible with other offices, 369-C, D. incompatible with other offices, 352, 369-B to D. member of county return board at primaries under certain conditions, 177,504. political parties adopting a certain political appella- tion to designate their policy to file affidavits, etc., with, 448, 449, 541. present returns of elections to county return board for computation, 127, 128, 129. return judges in congressional, senatorial, and ju- dicial districts to file copy of consolidated returns in, at elections, 110, 113- A. returns of election to be made to, 112, 113. school directors, certificate of election for, 274. PUBLIC INSPECTION, election expenses, accounts for, open to, 482. nomination certificates or petitions at elections, 546. returns of primaries, subject to, 173, 504. PUBLIC OFFICES, defined, election expenses, 472. nominations of, at primaries, 375, 383, 388, 389, 390, 491, 493, 494. PUBLIC OFFICERS, incompatible with other offices, 368 to 369-D. neglecting to perform election duties, 571. QUALIFICATIONS OF ELECTION OFFICERS, see Election Officers. QUALIFICATIONS OF VOTERS, see also Registration; Taxes. boroughs and townships, 27 to 51, 292 to 307. cities, 27 to 40, 52, 53, 308 to 344. general provisions, 27 to 53. primary elections, 142, 503, 526. woman who is registered and subsequently marries may vote under certain conditions, 50-A, 52-A, 145-A, 147-A. QUARTER SESSIONS, clerk, see Clerk of Quarter Sessions. court, see Court of Quarter Sessions. QUESTIONS, special elections, questions submitted to electors, method of marking ballots. 84, 84-A, 552. REAPPORTIONMENT, see Apportionment. RECORDER, incompatible with other offices, 349, 350. RECORDER OF DEEDS, deputy, incompatible with other offices, 369-C, D. incompatible with other offices, 369-B to D. REGISTER OF WILLS, deputy, incompatible with other offices, 369-C, D. incompatible with other offices, 369-B to D. & member of county return board at elections under certain conditions, 129. REGISTRAR, second or third class cities, see Registration. REGISTRATION, BOROUGHS AND TOWNSHIPS see also Qualifications of Voters; Taxes. assessors and assistant assessors pay, 307. assessors, duties in general, 292 to 307. days, before November election for making correc- tions on the registry list, 304. , (same) for registering party affiliations before primaries, 295. hours for registering, 304. enrollment of electors, 295, 296, 297, 304. naturalized elector must exhibit certificate of natural- ization to assessor, 300. , oaths, assessors power to administer, 305. original registry list to be retained for inspection^ revision, 303. party affiliations, mistakes in, how same may be cor- rected before primary, 298. party enrollment of electors, 295, 296, 297, 304. pay of assessors and assistant assessors, 307. polling places to be in proper order for use of, 290. registry assessors, duties in general, 292 to 307. registry list as revised to be returned to county com- missioners, 306. , (same) copy of, to be placed on door of election house, 302. , (same) for revision before primary or election days, 304. , (same) original to be retained for inspec- tion or revision, 303. woman who is registered and subsequently marries, may vote under certain conditions, 50-A, 52-A, 145-A, 147-A. REGISTRATION, SECOND CLASS CITIES, see also Qualifications of Voters; Taxes, affidavit, challenged applicant, 317, 318, 322. age, voting on, 29, 315, 324. applicant, absent or sick on regular registration days may register, 325. appointment, board of, commissioners, 309. appointment of registrars for each election district, 311, 312. appointment of watchers, powers and duties, 322. board of, commissioners appointment of, 309. challenged applicant, 317, 318, 322. compensation of registrars, 313. compensation of registration commissioners, 309. days for, 314, 315, 316, 320, 321. elector, absent or sick on regular registration days may register, 325. , (same) who will become of age or naturalized between primary and succeeding election to be registered, 324. electors, days for, 314, 315, 316, 320, 321. , (same) entitled to vote at elections, if registered and otherwise qualified, 52. 169 INDEX (References are to Sections) REGISTRATION, SECOND CLASS CITIES, (Con't) , (same) entitled to vote at primaries, if registered and otherwise qualified, 147. , (same) number of, allowed in regis- tration room at any one time, 323. , (same) qualifications of, 27 to 40, 316, 317, 318, 324. employees, state and federal, may be registered by petition, 327. enrollment of electors, as to party preferences, 319, 320. enrollment of voters, how new party affiliations may be obtained, 320. expense of, county commissioners to provide for, 326. fall, days, 314, 315, 316. federal and state employes, may register in second class cities by petition, 327. hours for registering, 314. laws regulating, to be uniform for cities of the same naturalization certificates, on, 317, 324. non-registered elector cannot vote at any election, 52, 147, 315. oath of challenged applicant, 317, 318, 322. oaths, commissioners power to administer, 310. , (same) registrars power to admin- ister, 314 315, 318. party affiliations, how new may be obtained, 320. party enrollment of voters, 319, 320. personal, days, 314, 315, 316, 320, 321. polling places to be in proper order for use of, 290. qualifications of electors, 27 to 40, 316, 317,318,324. record of, commissioners proceeding open to public, 310. registrars, appointment and qualifications of, 311,312. 1 , (same) candidate and public of- ficers not to act as, 311. , (same) salary of, 313. registered electors moving from one election district to another, 321, 324. registers, to be delivered to election officers on elec- tion days, 326. salary of registration commissioners, 309. , (same) of registrars, 313. state and federal employes may register in second class cities by petition, 327. spring days, 314, 315, 316, 320, 321. taxes, payment of, 316, 324. term of appointment, commissioners, 309. voters, days for, 314, 315, 316, 320, 321. voting on age, 29, 315, 324. watchers, appointment, duties and powers, 322. woman who is registered and subsequently marries, may vote under certain conditions, 50-A, 52-A, 145-A, 147-A. REGISTRATION, THIRD CLASS CITIES, see also Qualifications of Voters; Taxes, affidavit, challenged applicant, 336, 337, 340. applicant, absent or sick on regular registration days may register, 333. appointment of registrars, for each election district, 329. , (same) of watchers, powers and "duties, 340. challenged applicant, 336, 337, 340. compensation of registrars, 330, 331. county commissioners to appoint registrars for each election district, 329. (same) to give public hearing on complaint of non-registered elector, may cor- rect register, 342. days for, 332, 333, 335. elector, absent or sick on regular registration days may register, 333. , (same) who has registered and con- tinues to reside in same place need not answer additional questions at subsequent registra- tion, 334. electors, days for, 332, 333, 335. _ ( (same) number of, allowed m regis- "tra'tionVoom at any one time, 341. ,(same)qualifications of, 27 to 40, 335. REGISTRATION, THIRD CLASS CITIES (Con't) enrollment of electors as to party preferences, 338,339. enrollment of voters, how new party affiliations may be obtained, 339. expense of, county commissioners to provide for, 343, 344. fall, days, 332. hours for registering, 332. laws regulating, to be uniform for cities of the same class, 328. naturalization certificates, on, 337. non-registered elector cannot vote at any election, 52, 147, 333. oath of challenged applicant, 336, 337. oaths, registrars power to administer, 334. party affiliations, how new may be obtained, 339. party enrollment of voters, 338, 339. personal, days, 332, 333, 335. petition to county commissioners for non-registration or correction of register, 342. qualifications of electors, 27 to 40, 335. register, correction of, 342. registered electors moving from one election distri t to another. 333. registers, to be delivered to election officers on elec- tion days, 343. registrars, appointment and qualifications of, 329. , (same) salary of, 330, 331. rooms for use of registrars, rent for, 291. spring, days, 332. taxes, payment of, 335. voters, days for, 332, 333, 335. watchers, appointment, duties and powers, 340. woman who is registered and subsequently marries, may vote under certain conditions, 50-A, 52-A, 145-A, 147-A. REGISTRY ASSESSORS, duties, boroughs and townships, see Registration. REGISTRY LIST OF VOTERS, boroughs and townships, see Registration. REJECTING NOMINATION PETITIONS, elections, 455, 460, 461, 462, 463, 543, 544, 545. primaries, 394, 402, 403, 498. RENT, for registration room third class cities, 291. REPRESENTATIVES IN CONGRESS, nomination of, at primaries, 375, 383, 384. 491, 493. nomination petitions for, time for filing with secre- tary of commonwealth, for elections, 456, 543. withdrawal as candidate for, before elections, 465 to 468, 545, 549, 550. RESIDENCE, see also Affidavits; Qualifications of Voters; Registra- tion. affidavits as to, boroughs and townships, ur elector, 43. denned, 37, 39. 40. electors, qualifications as to, 29, 37, 38, 39, 40. registered electors moving from one election district to another, second class cities, 321, 324. , (same) third class cities, 333. witness as to, boroughs and townships, unregistered elector, 43. RETURN JUDGES, see also County Return Board; Judge of Election; Pay of Election Officers; Returns; Return Sheet; Return Sheets. consolidated returns in congressional, senatorial and judicial districts, return judges to file copy of, in prothonotary's office, at elections, 113-A. (same) in commissioners office, .at "primaries; 173-A, 174, 174-B. county commissioners to appoint, to made consoli- dated returns in congressional, senatorial, and ju- dicial districts, at primaries, 174. 170 INDEX (References are to Sections) RETURN JUDGES, (Con't) court of common pleas to appoint , to make con- solidated returns in congressional, senatorial and judicial districts, at elections, 108. day for meeting to adjust consolidated returns in con- gressional, senatorial, and judicial districts, at elec- tions, 109. , (same), at primaries, 174-A. district, 108, 109, 110, 111-A. duties at elections, 107 to 115. ., (same) at primaries, 108 to 111, 172, 173,174. in judicial districts to file copy of consolidated returns in Secretary of Commonwealth's office, at elections, 110. place of meeting in congressional districts to adjust consolidated returns, at elections, 111. -.- .., (same) at primaries, 174-C. , (same) senatorial districts, at elec- tions, 111-A. , (same) at primaries, 174-D. returns, to be made to clerk of quarter sessions, 107-A, 114. , (same) to be made to county com- missioners, at primaries, 172, 173. , (same) to be made to prothonotary, at elections, 112, 113. RETURNS, see also Return Judges. boroughs and township offices,' r at elections, 107-A, county return board, at elections, 127, 128, 129. , (same) at primaries, 176 to 183-B, fraud or mistake, county return board, powers as to, at elections, 128. , (same) at primaries, 181, 182, 183, 504. , (same) common pleas court, powers as to, at primaries, 181, 505. making of, to county commissioners, at primaries, 172, 173, 504. making of, to prothonotary, at elections, 112, 113, 113-A. missing, county return board, powers as to, at elec- tions, 128. , (same) at primaries, 181, 182, 183, 504. posting on election house at primaries, 167, 504. primary, certification of, by county commissioners, 506. primaries, subject to public inspection, 173, 504. third class city charters, 115. RETURN SHEET, see also General Return Sheets; Return Sheets, borough and township offices, elections, disposition of, 114. elections, disposition of, 112, 113. , (same) one to be made by-election officers, 101. triplicate, boroughs and townships offices, elections, disposition of, 114. , (same) to be made by election offi- cers at elections, 101.& RETURN SHEETS," see also General Return Sheets; Return Sheet, triplicate, disposition of, at elections, 104, 112, 113, 114. .-, (same) for each party, at primaries, 167, 169, 171, 172, 504. RIGHTS OF VOTERS, see Ballots; Electors; Qualifications of Voters; and other specific heads. ROOMS, see also Booths; Districts. ballots, specimen to be posted in"voting"room,'16, 500, 558. ROOMS, (Con't) cards of instructions and penalties to be posted in and about election rooms, 16, 500, 558. county commissioners equip, for each district, 287, 288, 290, 557. ., (same) to provide rooms for compu- tation of votes, at primaries, 179, 504. electioneering within voting rooms forbidden, 561. number of booths required, 557. number of electors allowed in, 60, 61, 559, 561. peace officers not to be in polling rooms except in certain cases at primaries, 141, 513. , (same) to clear avenues to, or win- dows of election rooms, 18, 19, 21. registrars, third class cities, to be furnished for, 343, 344. registration commissioners, second class cities, to be furnished for, 326. registration rooms, number of electors allowed in, at any one time, in second class cities, 323. ----- , (same) number of eledws allowed in, at any one time, in third class cities, 341. registration, third class cities, as used by registrars, rent for, 291. SAILORS, see Soldiers and Sailors. SCHOOL DIRECTORS, see Schools, SCHOOLS, county or assistant county superintendent of, incom- patible with other offices, 365. directors, certificate of election for, issued by clerk of quarter sessions, 255. , (same) issued by prothonotary, 274. , (same) incompatible with other offices, 355, 364, 365. , (same) tie votes, at elections, 130. districts, clerks or secretaries of, to notify county commissioners of all offices for which candidates are to be nominated at fall primary, 390, 494. , (same) nominations of, at prima- ries, 375, 388, 390, 491, 493, 494. officers, contested elections for, 133, 134, 135, 136. SCHUYLKILL COUNTY, representative congressional district, 518. state representative district, 535. state senatorial district, 523. SEALING, ballot box, see Ballot Box. SECOND CLASS CITIES, see Cities; Elections-Candidates; Primaries-Candi- dates; Registration. SECRETARY OF COMMONWEALTH, see also Ballots; County Commissioners; Elections- Candidates; Expenses-Candidates; Primaries-Can- didates; and other specific heads, blank form for nomination petitions to be furnished candidates for elections, 450, 541. candidates, withdrawal of, before elections, 465 to 468, 545, 549, 550. county commissioners to be notified of what offices to be filled at fall primary, 389, 494. county commissioners to be notified of what offices to be filled at spring primary by, 384, 494. election expenses, accounts for, to be filed with, 480. , (same) blank forms to be furnished to county commissioners, candidates and commit- tees, 489. forms required by ballot act, to be furnished county commissioners, 539. nomination petitions for elections, time of filing with, 456, 543. , (same) primary, time of filing with, 395, 497. return judges in judicial districts certify copy of con- solidated returns in, at elections, 110. , (same) at primaries, 174-B. transmit list of candidates nominated by nomina- tion papers or proposed amendment to constitution to county- commissioners and sheriffs, 464, 547. 171 INDEX (References are to Sections) SENATORIAL DISTRICTS, see also Districts; Return Judges, return judges, day for meeting in, at elections, 109. , (same) at primaries, 174- A. , (same) place of meeting to adjust con- solidated returns in, at elections, 111- A. , (same) at primaries, 174-D. , (same) to make consolidated returns in, at elections, 108. . , , (same) at primaries, 173- A, 174. state, 520 to 524. SENATORS, state, see State Senators. United States, see United States Senators. SHERIFFS, as peace officers, penalty for neglecting to perform duties in regards to elections, 18, 19. deputy, incompatible with other offices, 369-C, D. duties of, in general, 275, 276, 277, 278, 279, 548. election proclamation, 275, 548. incompatible with other offices, 369-C, D. number of county return board at elections under cer- tain conditions, 129. secretary of commonwealth to transmit list of candi- dates nominated by nomination papers or proposed amendment to constitution, 464, 547. SIGNATURES, nomination petitions, primaries, see Elections-Candi- dates; Primaries-Candidates. SNYDER COUNTY, representative congressional district, 518. state representative district, 535. state senatorial distric, 523. SOLDIERS AND SAILORS, citizens of the United States serving with allied armies of United States, lost citizenship, 33. SOMERSET COUNTY, representative congressional district, 518. state representative district, 535. state senatorial district, 523. SPECIAL ELECTIONS, general election laws to govern, 3. SPECIAL BALLOTS, see Ballots; County Commissioners. SPLIT, ticket, marking ballots, see Ballots. SPOILED BALLOTS, see Ballots. SPRING NOMINATIONS, primaries, see Primaries-Candidates. SPRING PRIMARY, even numbered years, 138, 493. STAKEHOLDERS, bets on elections, 372. STATE COMMITTEEMEN, election of, at primaries, 380, 385, 387, 491, 494. STATE COMMITTEES, chairman of, to notify county commissioners what offices are to be filled at spring primary, 385, 494. rules for the government of, power to make, 379, 491. STATE EMPLOYEES, may register in second class cities by petition, 327. STATEMENT, of votes cast, at elections, 102, 566. STATE OFFICERS, contested election for, 133 to 136. STATE OFFICES, nomination petitions for, time of filing with secretary of commonwealth for elections, 456, 543. nominations of, at primaries,375,383,384,415,491,4W. withdrawal as candidates for, before elections 405 to 468, 545, 549, 550. STATE POLITICAL PARTIES, defined, primaries, 381, 492. STATE REPRESENTATIVES, apportionment districts, 525 to 538. contested election for, 134. incompatible with other offices, 358, 362. 363. nomination petitions for, time of filing with secretary of commonwealth for elections, 456, 543. . , (same) at primaries, 395. withdrawal as candidate for, before elections, 466 to 468, 545, 549, 550. STATE SENATORS, apportionment districts, 520 to 524. contested elections for, 134. incompatible with other offices, 358, 362. 363. nomination petitions for, time of filing with secretary of state, for elections, 456, 543. , (same) at primaries, 395. withdrawal as candidate for, before elections, 465 to 468, 545, 549, 550. STATE TAX, see Qualifications of Voters; Taxes. STICKERS, on ballots, at elections, 85, 552. , (same) at primaries, 158, 495. STOLEN BALLOTS, see Ballots; County Commissioners; Judge of Elec- tion. STRAIGHT, party ticket, marking ballots, see Ballots. SUBSTITUTION, of candidates, see Elections-Candidates; Primaries Candidates. SULLIVAN COUNTY, representative congressional district, 518. state representative district, 535. state senatorial district, 522. SUPERINTENDENT OF SCHOOLS, see Schools. SUPPLIES, to be furnished for use at elections or primaries, 9, 500, 558. SUSQUEHANNA COUNTY, representative congressional district, 518. return judges in congressional districts to meet in, to adjust consolidated returns, at elections. 111. , (same) at primaries, 174-C. state representative district, 535. state senatorial district, 522. TALLY PAPERS, boroughs and townships offices, elections, disposition elections, preparation and disposition of, 100, 101 104, 112, 113, 566. primaries, preparation and disposition of, 164, 187 169, 171, 172, 504. TAXES, assessment of, 29, 30. boroughs and townships, payment of state or county. to qualify elector to vote at primaries, 142. 503, 528. cities, payment of state or county, to qualify elector to vote at primaries, 142, 503, 526. elector, twenty-two years of age or upwards mint have paid, to vote, 29. 172 INDEX (References are to Sections) TAXES, (Con't) mercantile tax not a state or county tax, 32. non-registered electors, in boroughs and townships may be challenged for tax receipts, at elections, 57. payment of, after fall registration in second class cities, how elector may register, 324. , (same) third class cities, 335. , (same) by elector himself or upon written order, 31. ., (same) to qualify elector, 29, 30. , (same) to qualify elector at prima- ries, 142, 503. THIRD CLASS CITIES, see Cities, Elections-Candidates; Primaries-Candi- dates; Registration. TICKETS, penalty for supplying false tickets to electors, 370. TIE VOTES, inspectors, at elections, 131. judge of election, at elections, 131. primary candidates, 180, 507. school directors, at elections, 130. TIME, see also Ballots; Booths; Elections-Candidates; Pri- maries-Candidates; Returns; and other specific method of reckoning periods of time at elections, 463, 543. of opening and closing polls, general and municipal elections, 5. , (same) at primaries, 139, 501. TIOGA COUNTY, representative congressional district, 518. return judges in congressional districts to meet in, to adjust consolidated returns, at elections, 111. , (same) at primaries, 1 74-C. state representative district, 535. state senatorial district, 523. TOWNSHIPS, see also County Commissioners; Elections-Candi- dates; Incompatible Offices; Primaries-Candidates and other specific heads. assessors and assistant assessors pay in second class townships, 307. auditor, incompatible with other offices, 364, 365, 367. clerks or secretaries of, to notify county commission- ers of all offices for which candidates are to be nominated at fall primary, 390, 494. commissioners, incompatible with other offices, 365. commissioner of roads, incompatible with other of- fices, 364, 365. increasing indebtedness of, 84- A, 266- A. officers, certificate of election for, 103. offices, contested elections for, 133 to 136. , (same) disposition of election re- turns for, 114. _, (same) nominations of, at primaries, 375, 388, 390, 491, 493, 494. path-master, incompatible with other offices, 364. polling places may be changed in, 281-A, 284-B, 285. registration of electors, see Registration. return judges duties in divided townships as to con- solidated returns, 107- A. road supervisor, incompatible with other offices, 365. tax collector, incompatible with other offices, 365. treasurer, incompatible with other offices, 365. TREASURER, see Boroughs; Cities; County Treasurer; Townships. TRIAL, of contested elections, see Contested Elections. TRIPLICATE, return sheets, see Return Sheets. tally papers, see Tally Papers. UNIFORM PRIMARIES, see Ballots; County Commissioners; Primaries-Can- didates; and other specific heads. UNION COUNTY, representative congressional district, 518. state representative district, 535. state senatorial distict, 523. UNITED STATES CONSTITUTION, nineteenth amendment, women suffrage, 28. UNITED STATES OFFICERS, incompatible with other offices, 348, 349, 350, 362. 366, 369-C, D. UNITED STATES REPRESENTATIVES, Congressional Districts, 517, 518, 519. contested election, 183-A, 183-B. election expenses, filing, 490-A. incompatible with other offices, 347 to 350, 362, 366, 369-C, D. nominations of, at primaries, 375, 383, 384, 491, 493. UNITED STATES SENATORS, contested election, 183-A, 183-B. election expenses, filing, 490-A. incompatible with other offices, 347 to 350, 362, 366, 369-C, D. nomination of, at primaries, 375, 383, 384, 491, 493. UNREGISTERED VOTER, affidavit, boroughs and townships, elections, 41 to 49. boroughs and townships, voting on election day, 41 to 49 cities, cannot vote at elections or primaries, 52, 147. VACANCIES, clerks, election or primary election morning, 14. contested elections, when ballots are defective, tri- bunal trying case to declare election invalid, how vacancies to be filled, 567. death of candidate after filing nomination petition and before primary, 410, 507. , (same) before elections, 466, 467. 468, 545, 549, 550. defined, 409. elections, how candidates shall be nominated to fill, 465 to 468, 545, 549, 550. inspectors, previous to elections, court to appoint, 196. judge of election, election or primary election morn- ing, 13. , (same) previous to elections, court to appoint, 221. majority inspector, election or primary election morn- ing, 13. minority inspector, election or primary election morn- ing, 13. national committeemen, how filled, 406, 491. primaries, how candidates shall be nominated to fill, 405, 411, 465 to 468. 507. state committeemen, how filled, 407, 491. VENANGO COUNTY, representative congressional district, 519. return judges in senatorial districts to meet in, to adjust consolidated returns, at elections, 111-A. , (same) at primaries, 174- A. state representative district, 535. state senatorial district, 524. VOTERS, see Ballots; Closing the Polls; Electors; Qualifica- tions of Voters; Registration; Taxes; and other specific heads. VOTING, secrecy in voting to be preserved, 59. VOTING BOOTHS, see Booths; County Commissioners. 173 INDEX (References are to Sections) VOTING CHECK LIST, after polls close at elections, announce number of names checked in, 94. after polls close at primaries, announce number of names checked in, 162, 504. ballots cast and number of names checked in, should be identical, at elections, 95, 566. boroughs and townships, to be placed in ballot box, at elections, 104. -, (same) at primaries, 169, 504. cities, second and third class, disposition of, at elec- tions, 112, 113. r ----, (same) at primaries, 172, 504. elector claiming right to vote whose name does not appear on, in boroughs and townships. 41 to 49. electors name to be added to. if unregistered, after he has established his right to vote at elections, in boroughs and townships, 50, 559. mark check as ballot is issued to each elector at primaries, 150, 527. mark "V" opposite name of elector in, after he has voted, 89. VOTING ON AGE, see Age. VOTING POLLS OR ROOMS, see Districts; Rooms. WARD OFFICES, contested elections for, 133 to 136. nominations of, at primaries, 375, 388, 390, 491, 493, 494. WARREN COUNTY, representative congressional district, 519. return judges in congressional districts to meet in, to adjust consolidated returns, at elections, 111. , (same) at primaries, 174-C. state representative district, 535. state senatorial district, 524. WASHINGTON COUNTY, representative congressional district, 519. return judges in congressional districts to meet in, to adjust consolidated returns, at elections, 111 , (same) at primaries, 174-C. , (same) senatorial districts, at elec- tions, 111- A. , (same) at primaries, 1 74- A. state representative district, 536. state senatorial district, 524. WATCHERS, appointment of, 246, 252, 253 254 511 crimes, at primaries, 373, 513. duties, in general, 246 to 254. intimidation of, at primaries, 511, 534, 535. WAYNE COUNTY, representative congressional district, 518. state representative district, 537. state senatorial district, 521. WESTMORELAND COUNTY, representative congressional district, 519. state representative district, 537. state senatorial district, 524. WITHDRAWALS, elections, candidates at, 465 to 468, 545, 549, 550. primary, candidates at, 405, 411. WITNESSES, affidavits, disposition of, at primaries, 171. 172, 504. unregistered voter in boroughs and townships wit- nesses for, 41 to 49, 51. WOMEN, American women marrying foreigners, loss of citizen- ship, 34. foreign born, marrying American citizens, 35. who are registered and subsequently marries, may vote under certain conditions, 50- A, 52- A, 145- A, 147-A. WOMEN SUFFRAGE, 28. WYOMING COUNTY, representative congressional district, 518. state representative district, 537. state senatorial district, 522. YORK COUNTY, representative congressional district, 518. return judges in congressional districts to meet in, to adjust consolidated returns, at elections, 111. , (same) at primaries, 174-C. state representatives district, 538. state senatorial district, 523. 174 UNIVERSITY OF CALIFORNIA LIBRARY