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Cuba, 17; that of Matanzas, 12; that of Pinar del Río, 11, and that of Puerto Príncipe, 8.

No elector shall vote for a greater number than the following: In the electoral district of Habana, 14; in that of Santa Clara, 12; in that of Santiago de Cuba, 12; in that of Matanzas, 8; in that of Pinar del Río, 7, and in that of Puerto Príncipe, 5.

ART. 85. The voting for Presidential electors shall conform to the methods of procedure set forth in Chapter XI, in that which refers thereto.

ART. 86. On February 15th, 1902, the Presidential electors, provided with their certificates or corresponding minute of election, shall assemble at the capital of their respective Province, in the place which may be determined upon, and shall proceed to appoint a provisional board, composed of the elector of greatest age and the two juniors among those present.

The board having been formed, a committee on credentials shall be appointed, which shall render within five days following the appointment its report on the credentials presented.

On the day next following this term the electors shall meet, and the report of the committee on credentials having been discussed and approved, will proceed to the election of the definite board, composed of three members elected by ballot. The board having been formed, the session will end.

ART. 87. The electors who do not present their certificates within the time specified shall be notified by the president of the board that the election of President and Vice-President will take place on the day fixed with the number who may be present, for which purpose he shall urge their presence and the presentation of their certificates.

ART. 88. At 12 o'clock noon of the 24th day of February, 1902, those Presidential electors who have been chosen shall constitute in each Province an electoral assembly for the election of the President and Vice-President of the Republic, proceeding to the election of two persons having the qualifications specified in paragraph (f) of Article 2 of the present Law.

ART. 89. The election will be by means of a ballot, voting first for President and afterwards for Vice-President, clearly stating on each ballot the name and surname of the person selected for each of the said offices.

The voting over, the scrutiny shall be proceeded with at once, in separate lists, in duplicate, which shall be certified to, all the electors present signing.

ART. 90. A minute of the result of the election, together with the original documents of the Presidential election, shall be forwarded by the President of each provincial electoral assembly in a closed envelope, sealed and waxed, to the central board of scrutiny for transmission to the military governor, who, at the proper time, will remit same to the Congress.

A certified copy of the foregoing minute, with all the other documents relative to the election, shall be delivered under receipt to the president of the provincial council, for preservation in the archives of the Province and for publication in the official newspaper.

If the provincial council should not yet have been organized, the president of the ayuntamiento of the capital of the Province shall

take charge of said certified copy and electoral documents, to deliver them to the president of the provincial council as soon as he may be discharging the duties of his office

CHAPTER XV.

ORGANIZATION OF CONGRESS.

ART. 91. Within the five days preceding the date which may be appointed for the assembling of Congress, the Senators and Representatives will present their certificates to the central board of scrutiny for transmission to the Military Governor, who will forward them to the proper branch of Congress when assembed.

ART. 92. Each House of Congress shall examine and judge as to the legality and validity of the election of its respective members, in conformity with the procedure laid down in its regulations, and will admit as Senators and Representatives those who may be legally elected, proclaiming them if they have the necessary qualifications and if they are not included in the incompatibilities mentioned in this law.

ART. 93. In case of a tie vote, if but one of the candidates tied should have the necessary legal qualifications for Senator or Representative, he shall at once be proclaimed and admitted, after the election has been approved.

The person who is legally elected, in case there should be in the minutes justified challenges against the election of the others of the candidates tied, shall also be admitted at once and proclaimed by the respective House.

ART. 94. The Senators and Representatives proclaimed by the provincial boards in the general elections must present their respective credentials within the thirty days next following the assembling of each House of Congress.

For those proclaimed in a partial election the term shall be counted from the date of their proclamation.

The person who does not file his credentials within the term specified in this article shall be understood to have tendered his resignation. ART. 95. If the same person should be elected from two or more districts at once, he shall choose one of them.

In default of an expressed choice, the respective House will decide. by lot the district which he shall represent, and the others shall be declared vacant.

ART. 96. The electors and the candidates who may have figured in an election may appeal to the respective House at any time whatsoever before the approval of the respective minute, filing the claims they may deem proper against the validity or result of the same election, or against the legal capacity of the Senator or Representative proclaimed, before he has been admitted.

ART. 97. After an election has been approved and the Senator or Representative elected therein admitted, no claims whatever shall be entertained, nor shall the matter again be considered.

ART. 98. The provisions of this chapter referring to the House of Representatives and to the Representatives themselves are applicable, in so far as same are concerned, to the Senate and the Senators, as well as to the provincial councils and their members.

WAR 1901--VOL 1, PT I- -10

CHAPTER XVI.

OFFENSES AND TRANSGRESSIONS.

ART. 99. Falsifications committed in documents referring to the provisions of this law, in whatever manner the penal code may determine falsifications in public documents, constitute the crime of falsification in electoral matters, which crime shall be punished, as well as any intentional omission in said documents which may affect the result of the election, with the punishment set forth in the mentioned code.

ART. 100. For the purposes of this law, official documents are the registers of electors, the minutes, the ballots, the certificates, and all other documents which may tend to show the exercise of the electoral franchise or its results or guarantee the regularity of the procedure. ART. 101. All acts, omissions, or manifestations contrary to the provisions of this law or of those that may be issued for its execution, which may have for an object the restraining or exercising of undue influence over the electors, to make them use their right or to abandon it against their will, constitute the crime of electoral coercion, which shall be punished with the penalty provided for in the code for the

crime of coercion.

ART. 102. Although the intention of restraining or exercising undue influence over the electors may not appear, the crime of electoral coercion may be committed as follows:

1st. The authorities or public officials of any kind who, within the territory of their jurisdiction, personally or by means of their official agents, request the electors to cast or refuse their votes to a specified

person.

2nd. Public officials who, from the notice of election until same has been completed, shall institute or act upon gubernative proceedings or complaints, fines or accounts in arrears.

3rd. The same officials who, in the period mentioned in the preceding case, make appointments, dismissals, transfers, or suspensions of employees of any branch of the administration, if such acts are not based upon legitimate grounds.

4th. Public officials who may compel an elector to leave his residence or remain absent therefrom, even if it be on public service, on the day of the election, or those who may detain him, depriving him of his liberty to perform an electoral act.

5th. Those who may impede the free entrance or exit of electors at a place in which they are to exercise their right, in the cases determined by this law, or who prevent the stay of the notaries or representatives of the candidates in the same places, so as to prevent them from exercising their office or right and authenticating the regularity of said acts.

6th. Public officials who do not deliver or who unduly delay the delivery of documents which they are obliged to dispatch.

ART. 103. All noncompliance with the obligations and formalities which this law imposes on all persons who may intervene in an official character in same, if they do not constitute a crime, shall be considered as an infraction or electoral violation, punishable with arrest of from ten days to two months or fine of from ten to two hundred and fifty dollars, or subsidiary imprisonment which shall not exceed two months.

ART. 104. For the purposes of this law, public officials shall be considered as those appointed by the Government, and those who, due to their offices, may participate in any electoral act or one relating to the

same.

ART. 105. The audiencias shall take cognizance of all electoral crimes and offenses, taking proper action thereon in accordance with the usual method of procedure.

For the purposes of this chapter, electoral crimes shall be considered as, besides those specially provided for in this law, the ones mentioned as such in the penal code.

ART. 106. Whenever a crime shall be committed in a place occupied by a board of election, the President shall order the arrest of the supposed guilty parties, placing them at the disposal of the judicial authorities.

The penal action arising from electoral crimes and offenses is public, and may be exercised within six months after the election in which the crime or offense may have been committed has been terminated.

ADDITIONAL DISPOSITIONS.

I. Those persons comprised in numbers 2 and 3 of Article V, in numbers 1 and 2 of Article VI, and in number 2 of the transitory dispositions of the Constitution, in order to register as electors, must first appear before the person in charge of the civil registry of their residence and make declarations of choice and renunciation of nationality, in conformity with the law of said registry and the transitory dispositions of the Constitution.

II. Those comprised in paragraph 4 of Article VI of the Constitution, before inscribing themselves as electors, must prove that they are inscribed as Cubans in the civil register of their residence.

Those are exempted who prior to this law may exhibit in the electoral registry the certificate issued by the Secretary of State and Government, in which is set forth their condition as Cubans.

III. In the act of registering in the civil registry, the interested parties should show with documentary proof of two sworn witnesses that they fill the requisites which, according to the aforementioned articles of the Constitution, give them the right to Cuban citizenship. Those comprised in number 2 of Article VI of the Constitution, should they be Spaniards, must also prove with the corresponding certificate that they are not inscribed in the register of Spaniards established in accordance with Article IX of the Treaty of Paris. Similar certificates should be presented by those comprised in number 4 of the same article of the Constitution when registering as Cubans.

IV. The inscriptions of nationality shall be made in the books of the civil registry with the formalities and requisites demanded by Article 6 of the law of civil registry of June 17th, 1870, and 77 of the rules and regulations issued for its execution; but if it should not be possible to present the certificates referred to in Article 74 of the rules and regulations, the archives in which said certificates are filed should be mentioned, and the approximate date, certified by two witnesses of responsibility.

V. Those individuals comprised in the first disposition who may be abroad may make the prescribed declarations, appearing through an

agent with special power of attorney duly authenticated before the person in charge of the civil registry of his last residence or of that where he intends to make his future residence.

DISPOSITIONS CITED IN PARAGRAPH I OF THE ADDITIONAL DISPOSITIONS.

CONSTITUTION OF THE REPUBLIC OF CUBA.

ART. 5. Native-born Cubans are:

2nd. Those born within the territory of the Republic of foreign parents, provided that on becoming of age they claim the right of inscription as Cubans in the proper register.

3rd. Those born in foreign countries of native-born parents who have forfeited their Cuban nationality, provided that, on becoming of age, they claim inscription as Cubans in the same register.

ART. 6. Naturalized Cubans are:

1st. Foreigners who, having served in the liberating army, may claim Cuban nationality within six months following the promulgation of this Constitution.

2nd. Foreigners established in Cuba prior to January first, 1899, who may have retained their residence after said date, provided they claim Cuban nationality within the six months next following the promulgation of this Constitution, or, if minors, within a like period after they shall have attained their majority.

4th. Spaniards residing in the territory of Cuba on the 11th day of April, 1899, who may not have been registered as such in the proper registers prior to the same month and day of 1900.

TRANSITORY RULES.

Second. Persons born in Cuba, or children of native-born Cubans, who, at the time of the promulgation of this Constitution, may be citizens of any foreign nation, shall not enjoy the rights of Cuban nationality without first and expressly renouncing their said foreign citizenship.

(DISPOSITIONS CITED IN PARAGRAPH IV OF THE ADDITIONAL DISPOSITIONS.)

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LAW OF THE CIVIL REGISTRY, OF JUNE 17TH, 1870.

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ART. 6. In all the entries made in the civil registry the following shall be mentioned:

1st. Date of the entry.

2nd. The names and surnames of the officials who authorize said entries.

3rd. The names, surnames, and descriptions of the interested parties and witnesses associated in the act.

No entry whatever shall be made excepting those comprising the transcription of documents, unless in addition to the person making

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