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and clerks to

11. The clerks and inspectors of every such election, shall, before Пb. Sec. 9. they proceed to business, swear (or affirm as the case may be) faith- Inspectors fully to perform their duties at such election, justly and agreeably to be sworn. law, according to the best of their skill and judgment.

Manner of

12. Every person who by law is entitled to vote for representa- Ib. Sec. 10. tives to the general assembly, and who shall choose to vote at any procedure at election, shall give to the sheriff, coroner, or justice, whoever may elections. be the returning officer, in presence of the inspectors, a ticket or scrawl of paper, rolled up, on which shall be written the name or names of the person or persons for whom he intends to vote; which ticket the said returning officer shall, in the presence of the inspectors, put into the ballot-box, and at the same time the clerks of the election shall take down, on separate lists, the name of every person voting; and when the election shall be finished, the returning officer and inspectors shall in the presence of such of the candidates, and electors as may choose to attend, open the box, and number the ballots; at the same time reading aloud the names of the persons who shall appear on each ticket, which shall be taken down by the clerks in the presence of the said returning officer and inspectors, and if there should appear two tickets rolled up together, or if any ticket shall contain the names of more persons than such elector had a right to vote for, in either of these cases, such ticket shall not be numbered, but shall be adjudged void; and when the tickets shall be numbered, the persons having the greatest number of ballots shall be declared duly elected; but when two persons shall have an equal number of votes, the returning officer shall have the casting vote, but shall not vote in any other case whatsoever and it shall be the duty of the said returning officer, to certify in writing the names of the persons duly elected, which certificate shall be delivered to each representative so elected as aforesaid.

List of voters

13. The returning officer, within ten days after any election, b. Sec. 11. shall, at the request of any person elected to serve in the general as- to be made sembly, or to congress, or other person in his or their behalf, cause a out. true copy of the list of voters, and the number of votes for each candidate to be made out, certified, and signed by him, and delivered to the person requesting the same: and if any returning officer shall refuse so to do, or shall hold elections in any other manner than is by

this act directed, or shall neglect or refuse to make returns of the Penalty for elections held by him, he shall forfeit and pay the sum of one thousand neglect, &c. dollars, to be recovered by action of debt in any court having jurisdiction thereof; one-half to the use of the county in which such election shall have been held, and the other half to the use of the person who shall sue for the same.

Ballots for

§ 14. After the election shall be closed, it shall be the duty of the b. Sec. 12. managers of said elections, to number the ballots given for each can- congress to didate to congress, and cause the same to be taken down by the clerks be numbered.

thereof.

Bribery pro

§ 15. Any person elected to serve in the house of representatives of . Sec. 15. this territory, who shall, either directly or indirectly, give, or agree to hibited. give to any elector, money, meat, drink, or other reward, in order to be elected, or for having been elected for any county, shall be expelled.

suppress

16. The inspectors of elections shall take care that such elec- Ib. Sec. 18. tions shall be conducted fairly and agreeably to law: they shall Inspectors to endeavor to prevent all riotous and disorderly behavior, and for this riots. purpose shall have authority to commit to prison, for a period not exceeding two days, any person or persons who shall, by such riotous or disorderly behavior, disturb the fair and legal course of such

1815-(11) Sec. 2.

qualified, &c.

election; and they shall read, or cause to be read aloud at the courthouse door, by the returning officer, this act, immediately after the polls are opened.

§ 17. Every person who shall vote at any election not being legally qualified; or who shall vote at more places than one, at any election; Penalty for voting with or shall vote out of the county, or election district of his permanent out being residence, shall forfeit and pay the sum of two hundred dollars, to be recovered by action of debt in any court having competent jurisdiction; one moiety thereof to be applied to the use of the proper county, and the other to the use of the person suing for the same: Provided, That such action shall be commenced within six months after such [a1833 (18) offence shall have been committed. And when the inspectors or Sec. 1.] Test oath by managers of an election, or any of them, shall have reason to doubt the competency of any person offering to vote, it shall be their duty to administer to such person so offering to vote, an oath or affirmation, touching his qualification, as ascertained by the fifth section of the third article of the constitution of this state.

the mana

gers.

1819-(8)

Sec. 1. Court.

houses, pla.

§ 18. Hereafter the court-house shall be the place of holding gen. eral elections, in each and every county throughout this state, for the ces of hold purpose of electing governor, members to congress, members of the ing election. general assembly, sheriffs, and clerks. The election at the courtWhen held. house, as aforesaid, shall be holden on the first Monday in August, in each and every year.

Ib. Sec. 2.
Time for re-

at election

precincts.

Duty of managers.

§ 19. The election holden at other places than the places of holdceiving votes ing the general elections in each county, shall continue open to receive votes, the first day of the general elections only:1 and on the second day of said election, it shall be the duty of the managers, on the close of every election, to count out the tickets. Each manager shall take a memorandum of the number of votes each candidate may obtain, and forward to the managers at the court-house, by the returning officer, a certified statement of the polls of such election; and the managers aforesaid, shall return all the tickets so counted, into the election box, together with the clerk's list of voters, seal, and safely keep it twenty days. And in case of contested elections, one of said managers shall forward the box, containing the tickets, to the principal managers at the court-house.

Contested elections.

Ib. Sec. 3. Penalty on the sheriff

make re

turns.

§ 20. The elections aforesaid, shall be conducted by the sheriff and managers appointed, in the same manner as heretofore by law directed. for failing to And if the sheriff shall fail to make a return of the election to the seat of government, in manner and form as by the constitution directed, within the first three days of the session of the general assembly next immediately succeeding such election, he shall forfeit and pay the sum of one thousand dollars, to be recovered by suit, prosecuted by the attorney general; and when recovered, paid into the public treasury for the use of the state."

Ib. Sec. 4.
Additional

duties of
managers.

§ 21. In addition to the duties heretofore required to be performed by the said managers of the elections, they shall also be required to number the vote or ballot of each and every voter, with the same To number number that such voter stands marked or enrolled on the lists of the clerks to said elections; the votes from every place of holding said elections, after having been counted, shall be filed separately for the space of twenty days, except in the counties of Covington, Henry,

the ballots.

1 Before the act of 1820, the polls were required to be kept open for receiving votes, at the court-house in each county, during two successive days. 2 See § 31.

Votes to be

ses of con

and Pike, where they shall be preserved for sixty days, at the end a Jan. 1, 1823. of which time, the said votes shall be destroyed by the managers of destroyed, the several elections, unless notice shall be given to the said mana- except in cagers, that some part or parts of said election will be contested; then tested elecand in that case, it shall be the duty of the said managers to seal, in tions, when one box or packet, the said separate files, and forward the same to forwarded to the secretary of state, on or before the first day of the next succeed- of state. ing session of the general assembly, to be used in evidence by those whose duty it shall be to decide contested elections.

they shall be

the secretary

Additional

22. The managers of the several elections, in addition to the oath Ib. Sec. 5. heretofore prescribed by law, shall also swear, that "they will not oath of manthemselves, or knowingly suffer any other person, to compare the agers. number of said ballots with the number of the votes enrolled by the clerks as aforesaid, but faithfully to discharge the requisitions of this act, strictly and impartially."

Sec. 1.

23. In all elections hereafter to be holden in this state, for gov- 1820—(5) ernor, members to congress, members of the general assembly, she- Polls kept riffs, and clerks, the polls shall be kept open but one day for receiving open one votes at the different places of holding courts in each county only, as well as at the different precincts.

day only.

§ 24. The polls shall be kept open at the elections to be held at the b. Sec. 2. different places of holding courts in each county, till the hour of five o'clock in the afternoon of said day.

Hour for closing polls at C. H.

Sec. 1.

§ 25. Hereafter it shall be the duty of the sheriff or other return- 1826—(10) ing officer, of any general election, to summon one justice of the Sheriff to peace of the county where the election is to be held, to attend at each summon a election precinct of said county, for the purpose of qualifying the tend each managers appointed to such election precinct.

justice to at

precinct.

On failure of

§ 26. In case any justice of the peace fails to attend and qualify Ib. Sec. 2. the managers at any precinct, according to the provisions of this act, justice sumthen it shall be the duty of the managers to apply to any other justice moned, manof the peace, whose duty it shall be to qualify the managers of such apply to election.

agers may

another.

managers

27. Whenever one or more of the managers appointed by the re- Ib. Sec. 3. turning officer, shall fail to attend, or refuse to act, the remaining Vacancy in manager or managers, shall fill such vacancy or vacancies; and if all appointed, the managers shall fail to attend, or refuse to act, any justice of the how filled. peace shall be authorized to appoint the managers to such election precinct.

No justice

returning of

§ 28. If it should so happen, that no justice of the peace can be pro- Ib. Sec. 4. cured to administer the oaths prescribed in this act, it shall be the duty attending, of the officer holding said election, and he is hereby authorized to administer the oaths to the managers holding the election. § 29. Should the officer appointed to attend, fail to do so, the managers shall have the power to appoint one to act in his stead.

ficer to ad-
minister the
oaths.
Ib. Sec. 5.
Managers to

appoint of issu- tain cases. 1828-(24) in Sce. 1. ex- Returns for

ficers in cer

30. The clerks of the county courts shall, in all returns to the office of the secretary of state, upon which commissions are to be ed, if to fill a vacancy, name the person and cause of such vacancy said return:-if an original appointment, the return shall so press it.

the purpose of getting

to commis

sions.

Sec. 2.

§31. Every sheriff or other officer, whose duty it is or may be make return of elections, and who shall wilfully fail, refuse, or ne- 1829-(14) glect to make such return to the proper officer within the time pre- Penalty on scribed by law, shall forfeit and pay the sum of five hundred dollars, returning of to be recovered by action of debt in any court having jurisdiction ing to make thereof, to be sued for in the name of the state of Alabama, and return. applied to the use of the proper county; and it shall be the duty of the

ficer for fail

1829-(18)

Sec. 1. Vacancies

occurring in general as

attorney general or solicitor of the proper circuit to prosecute for the same; and it shall be the duty of the officer to whom such return should have been made, to certify such failure to the prosecuting attorney of the proper circuit.

§ 32. In case of any vacancy which may arise, in either branch of the general assembly, by death, resignation, or otherwise, the gov ernor, or person exercising the duties of that office, may issue writs sembly dur- of election to fill such vacancy, by giving such notice as he may think sion, or with proper, not less than ten days, which election shall, in all other rein sixty days spects, be governed by the laws of this state on that subject.

ing its ses

before.

1833-(11)

First con

gressional district.

Second.

Third.

Fourth.

Fifth.

Each district

CONGRESSIONAL ELECTIONS.

§ 1. THE state of Alabama is hereby divided into five congressional districts, to wit: the counties of Jackson, Madison, Morgan, Blount, St. Clair, Benton, and Randolph, shall form one district, to be called the first congressional district.

§ 2. The counties of Limestone, Lauderdale, Lawrence, Franklin, Marion, Fayette, and Walker, shall form one district, to be called the second congressional district.

§3. The counties of Pickens, Tuscaloosa, Jefferson, Bibb, Shelby, Perry, Greene, Talladega, and Sumpter, shall form one district, to be called the third congressional district.

§ 4. The counties of Autauga, Montgomery, Pike, Henry, Dale, Covington, Butler, Lowndes, Conecuh, Coosa, Tallapoosa, Chambers, Macon, Russell, and Barbour, shall form one district, to be called the fourth congressional district.

§ 5. The counties of Mobile, Baldwin, Washington, Clarke, Monroe, Wilcox, Dallas, and Marengo, shall form one district, to be called the fifth congressional district.

§ 6. Each of the aforesaid districts shall be entitled to elect one reentitled to presentative to the congress of the United States, who shall be chosen by the persons qualified to vote for members of the general assembly of this state.

one representative.

Returning officers.

Elections

how conducted

§ 7. The sheriffs of the counties of Morgan, Lawrence, Tuscaloosa, Montgomery, and Clarke, shall be the returning officers for their respective congressional districts, and the sheriffs of the other counties in their districts, shall make return to the returning officers above mentioned.

§ 8. Said elections shall in all other respects be conducted in conformity to an act entitled "An act to divide the state into districts, for a The act fol. electing representatives to congress,"a passed December 28, 1822.1 lowing.

1 There is an evident want of caution in the wording of this act in reference to others previously passed on the same subject. It seems scarcely probable, however, that the vague language of the 8th section, could have been intended to revive the 6th and 7th sections of the act of 1822, which were expressly repealed by the 1st section of an act, passed January 12, 1828, and their provisions supplied, with some variation, by the second section of the same,-which will be found appended to the 5th section of the act of 1822.(See § 12.) By the repealed parts of the act of 1822, above referred to, the returning officers were required to meet on the second Monday in September, after the election, but if prevented by any accident, from meeting at that time, their returns might be received" on the second Monday thereafter." They also provided, that in case of an equal number of votes between two or more candi dates, the returning officers should decide the election. In another respect, the intention of the legislature is left still more doubtful. The acts, both of 1822 and 1828, require the returning officers to meet at the court-house of the coun

Representa

gress when

$9. The election of representatives from this state to the congress 1822—(10) of the United States, shall be held at the same times and places, and Sec. 2 be regulated and conducted by the same law for holding elections for tives to conmembers to represent the several counties in the general assembly of and how this state, and at the same times and places every two years thereafter; elected. all of which elections are to be conducted by the sheriffs, or by other persons legally appointed therefor, in like manner as the annual elections of the members of the state legislature; and the person having the greatest number of votes in any of the aforesaid districts, shall be the member for that district in the congress of the United States.

keep a sepa

10. The managers of each election which may be held for the Ib. Sec. 3. several counties in this state, shall keep a separate box, in which shall Managers to be deposited the ballots for a representative from this state to con- rate box for gress.

ballots.

Elections,

§ 11. Immediately upon the close of the elections in each county, Ib. Sec. 4. the presiding officer at each place of election shall, in the presence of how conductthe inspectors, proceed to count in a public manner, the ballots, and ed. shall keep an account in writing, of the number of votes each candidate or person voted for shall have, and in presence of the inspectors, cast up the scrolls, and make a correct statement of the number of votes given thereat, for each candidate or person voted for in each County; which shall be certified by the sheriff or other persons appointed to conduct the elections, and a majority of the inspectors.

the sheriff

election.

12. The managers of the several election precincts in each of the Ib. Sec. 5. counties composing the several election districts throughout this state, shall make Managers where counties have more precincts than one, shall make returns to returns to the sheriffs at the court-houses or seats of justice in their respective within two counties, within two days thereafter, and the managers aforesaid shall days after the return all the tickets so counted out, into the election box, together with the clerks' lists of votes sealed up, to the principal managers at the court-house in their respective counties; and it shall be the duty of the said managers, to keep said election boxes thus returned to them, for the space of sixty days, at the end of which time, the said votes shall be destroyed by the managers of the elections held at the Votes to be court-houses in each county; unless notice shall be given to said ma- destroyed unnagers, that some part or parts of said election will be contested; in is contested. that case, it shall be the duty of said managers to preserve the same.

less election

examining

in the several

The sheriffs or other returning officers of the counties of each dis-[a 1828.—(11) Sec. 2] trict, shall meet on the third Monday of September, next after each Mode, place, election, at the court-house of the county first mentioned in their re- and time of spective districts; and when said sheriffs or other returning officers and comparshall meet, the polls for the different counties shall, by said sheriffs or ing the polls other returning officers, (as the case may be,) in the presence of two counties of justices of the peace, who are to be summoned by the sheriff or other each district. returning officer of the county where they shall meet for that purpose, be examined and compared, and a certificate under the hands Certificate to and seals of said returning officers shall be given to the candidate in the candi each district, for whom the greatest number of votes shall have been given in each district: but if two or more candidates shall have an

ty first named in the district,—and the act of 1828, gives the casting vote to the returning officer of that county. But the sheriff of the county first named was then also the returning officer for that district. By the act of 1832, this is not the case-and although the centrality of the county to which the returning officer for the district is assigned, as well in the present as the former law, certainly indicates an intention, that the polls should be compared there, yet the positive requisition of the acts of 1822 and 1828, would seem still to be left in full force.

date elected.

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