rest, menace,

voter on the

afterwards

for his vote,

the superior

mitted till

pain of $500.

the peace; and if a candidate, shall be thereby incapacitated from serving in the post or place for which he may be elected. That if Any person any person or persons whatsoever, shall, on any day appointed for who, shearholding such elections, presume to violate the freedom of such elec- or bribe any tion by any arrest, menace, or threat, or attempt to overawe, affright, day of elecor force any person qualified to vote, or offer any bribe to induce him tion, or shall to vote contrary to his inclination; or shall, after said election is over, abuse a voter menace or despitefully use, abuse, or insult any person, because he shall be hath not voted as he or they might have wished him, every such person bound over to so offending, upon sufficient proof of such violence or abuse, mena- court. cing, or threatening, before any justice of the peace, shall be bound over to the superior court, himself in $100, and two securities in $50 each, to be of good behavior and abide the sentence of said court, where, if the offender or offenders are convicted of such offence as And on conviction, fined aforesaid, then he or they shall respectively for each offence, forfeit a $100, and sum not exceeding $100, and be committed to jail without bail or stand commainprize, until the same be paid, which said fine so imposed shall be paid. recovered by writ of fieri facias or ca sa. issued and signed by the clerk of said court under and by virtue of the sentence of the same; and the sheriff of the county is hereby required to levy such writ forthwith.* That no civil officer shall execute any writ or civil process Voters not to whatsoever, upon the body of any person qualified to vote at any elec- be arrested on tion as aforesaid, either in his journey to, or return from, or during his stay there upon that account, under a penalty not exceeding $500: Provided, he shall not be more than four days on his journey going to, returning from, and stay at the place for holding said election, to be recovered of and from the officer who shall serve any process or arrest as aforesaid, after such manner and form, and to be disposed of as hereinbefore directed; and all such writs or civil process executed on the body of any person either going to, returning from, or being at the place, where such election is appointed within the time before limited, he being qualified to vote thereat, are hereby declared null and void; that at the general election which shall be held for members Members of of the general assembly on the first Monday in October, 1800, and at congress to every second general election thereafter, the electors at such election biennially. shall vote for members to represent this State in the house of representatives of the United States. That no person shall be elected a Their qualrepresentative in congress, who has not been an inhabitant of this ification. State three years next preceding his election, and paid his tax regularly during that time; nor shall he hold any office of profit under this State or the United States, during the time for which he may be elected a representative. That the names of the several candidates be The returns, kept on separate papers, and the number and the names of the voters when and shall be sealed up together with an accurate state of the poll under the made. hands of the presiding magistrates, and transmitted by express to his excellency the governor, within twenty days after closing the poll at such election, who is empowered to draw on the treasury for the payment of such express, not exceeding $2 per day. That the governor The governor or commander-in-chief, for the time being, shall, within five days after the votes and the expiration of the said twenty days herein before allowed for making make proclareturns, count up the votes from the several counties, or such of them members of as may have made returns for each person, and immediately thereafter congress, issue his proclamation declaring the persons having the highest number of votes and qualified as aforesaid, to be duly elected to represent this

* Penalties for voting out of the proper county, or more than once at the same election, or for buying or selling votes. See Penal Laws, Sec. 260, 261.

be elected

how to be

to count up

mation as to

and grant certificates thereof.

Proviso.

In cases of

tie, the governor shall

order a new

election.

which accep

State in the house of representatives of the United States, and to grant a certificate thereof under the great seal of the State to each of them: Provided, no certificate or commission shall issue to or for any such person so elected, until satisfactory proof is produced that the tax of such person has been regularly paid as above mentioned, and that he has actually had the residence herein prescribed. That where any two or more persons have an equal and the highest number of votes, other than those duly elected in the general poll; then, and in that case, the governor shall issue his proclamation directing a new elecTime within tion. That in case any person duly elected, being in this State and tance must notified thereof in manner herein directed, shall not within twenty be signified. days, and if out of this State within forty days after such notification, signify his acceptance, or shall depart this life, the governor or commander-in-chief, shall order a new election to be held in like manner as herein before pointed out. That all writs of elections to fill vacanfill vacancies, cies that may happen for members of the general assembly of this to whom di- State, or house of representatives of the United States, shall be directed Justices' du- to the justices of the inferior courts of the respective counties, who are hereby required to give public notice thereof, and cause the same to be held in manner and form as hereinbefore pointed out agreeably Three clerks. to such writ. That the presiding magistrates at any election for members of the general assembly of this State, or representatives in congress, are hereby empowered and required to appoint three clerks to attend the said elections, whose duty it shall be to keep three rolls.

Writs of election to

rected.

ty therein.

Three rolls.
Legislature

to meet on

3. Sec. III. The general assembly of this State shall, from and the first Mon- after the passing of this act, meet on the first Monday in November day in No- annually.

vember.

All elections to be by ballot.

How and

when the

electors of

Vice Presi

United

be elected.

An Act supplementary to the foregoing.-Approved Dec. 4, 1799.

Vol. I. 202.

4. Sec. I. In future, all elections shall be by ballot. [The rest of this section, directing at what hours the polls shall be opened and closed, superseded by Sec. 23. For the other sections of this act, see County Officers, Sec. 2 and 3.]

An Act to prescribe the mode of choosing the Electors of President and Vice-President of the United States, to which this State is entitled by the Constitution of the United States.-Approved Dec. 18, 1824. Vol. IV. 159.

5.

On the first Monday in November, 1828, and on the first Monday in November of every fourth year thereafter, an election shall be President and held throughout this State, at the several places of holding elections dent of the for senators and representatives in the general assembly, for the purStates shall pose of choosing electors of president and vice-president of the United States; which elections shall be opened and closed at the same hour and in the same manner, and shall be superintended and conducted by the same magistrates and officers, as by law shall be authorized to superintend and conduct the general elections of this State. Who shall be 6. Sec. II. At the said elections, every person entitled to vote for members of the general assembly, or representatives to congress, may vote for a number of persons equal to the whole number of representatives and senators to which this State may be entitled in the congress of the United States; and that it shall be the duty of the justices or magistrates, presiding at the elections to be held under the authority

entitled to

vote.

whom the re

and according to the provisions of this act, to make immediate returns How and by to the governor of the State of the result of said elections; which re- turns of the turns shall clearly exhibit the number of persons voting for electors, election shall the number of votes given in, the names of persons voted for, and the number of votes which each may have received.

be made.

election dis

county.

7. Sec. III. In counties where by law the votes for members of How, when the general assembly shall be given at different places, it shall be the there are duty of the persons presiding at the different district elections to meet tricts in a and consolidate the returns of the district elections, as by law required to be done at the general elections; which consolidated returns, exhibiting the result of the elections, as required by the second section of this act, they shall immediately forward to the governor of this State.

to lay the re

ture.

8. Sec. IV. It shall be the duty of the governor, on the 18th day The governor after the said elections shall have taken place, to lay before both turns before branches of the general assembly a consolidated return of the number the legislaof persons voting for electors, the names of the persons voted for, and the number of votes received by each, and immediately to notify those Electors to persons who may have received a number of votes amounting to a ma- being notijority of the persons who shall have voted for electors, of their election, fied. and require their attendance at the time and place required by law, to vote for a president and vice-president of the United States.

attend, on

electors not

9. Sec. V. In the event of none of the persons voted for having Some of the received a majority as aforesaid, the general assembly shall proceed by having a majoint ballot to the election of electors of president and vice-president; jority, gener al assembly and in the event of a majority of the votes of the persons voting for to elect. electors not having been given to a number of the persons voted for, equal to the whole number of electors of president and vice-president to which this State shall be entitled, that number shall be supplied by the general assembly, who shall proceed to elect by joint ballot a number of electors, who, with those having received a majority of votes, shall be equal to the whole number of presidential electors to which this State may be entitled.

death, non

dance, the

10. Sec. VI. In case of the death of any of those who may be In case of elected under the provisions of this act, or in case of their declining to acceptance accept the appointment, or if from any other cause such electors, or or non-atten any or them, should not attend to vote as provided by the constitution legislature of the United States, and that if any of the persons so elected should to appoint. not be at the seat of government by twelve o'clock on the Monday preceding the first Wednesday in December, it shall be considered that they have refused the acceptance of the appointment, and the legislature will proceed by joint ballot to fill the vacancy.

An Act for the payment of such person or persons as may be employed by the Superintendents of the Elections of Electors of President and Vice-President of the United States, of Governor of this State, and Members of Congress, in the several Counties of this State, to take the same to the Seat of Government.-Approved Dec. 22, 1828. Vol. IV. 178.

take to the

11. From and after the passage of this act, it shall be the duty of The persons the officers who may superintend the election of electors of president employed to and vice-president of the United States, of governor of this State, and seat of govmembers of congress in the several counties of this State, to transmit

ernment the election returns of President and V.

Note. The pay of Electors of President and vice-President directed to be $8 per President of day and mileage. Reso. of 1836, pam. 29 of Res.

the U.States,

by mail to his excellency the governor the result of said elections, as soon thereafter as practicable; and in those counties where no mail passes within seven days after the elections are determined, to the seat of government, it shall be the duty of the aforesaid superintendents of said elections to transmit the same to his excellency the governor, by a special messenger, to be by them employed for that purpose. shall be paid 12. Sec. II. Such person or persons as may be employed by the at discretion officers superintending the elections aforesaid, according to the provi sions of this act, shall receive for the service by them so rendered such sum as may be deemed by his excellency the governor just and proper, and that the same be paid out of the contingent fund.

of the executive.

Who shall general elec

district.

An Act to prescribe the manner of holding elections at the several elec tion Districts, in the several Counties of this State, and to punish those who may defeat, or violate the election laws of force in this State.-Approved Dec. 23, 1830. Pam. 105.

13. From and after the first day of June next, one justice of the superintend inferior court, or one justice of the peace, and two freeholders, or two tions in each of the aforesaid justices, and one freeholder, shall superintend the elections, in each and every election district, which now is, or which hereafter may be established in any of the counties of this State, for the election of governor, members of congress, members of the general assembly, electors of president and vice-president, or county officers. 14. Sec. II. The freeholders aforesaid, shall not be competent to superintend- superintend the elections aforesaid, until they, and each of them, shall first have taken the following oath, viz :—“I, A. B. do solemnly swear (or affirm) that I am a freeholder, resident in this county of that I will faithfully superintend this day's election, and make a just and true return thereof, according to law, and to the best of my ability, so help me God."

Oath of the

Shall receive and count the

the polls, &c.

:

15. Sec. III. The superintendents, or a majority of them, of the votes; keep a district elections in the several counties of this State shall, and they statement of are hereby required, on the day of the elections by them held, in the respective districts, and at the places designated by law, for holding such elections, to receive and count out the votes by them taken in, keep a fair statement of the polls, and conduct the elections in all respects, according to the election law of this State, now in force, 11th February, 1799, so far as said law is now in force.

the court

returns, and

Shall meet at 16. Sec. IV. It shall be the duty of one, or more of the superinhouse to add tendents of the district elections, in the several counties of this State, together the to meet at the court-house, of their respective counties, on the day send them to after the election, and then and there, together with the superinthe governor. tendents of the election held at the court-house, or a majority of them, and count, compare, and add together, the returns to them, produced by the superintendents of the district elections of the county, and return and certify to the governor, the result of the elections for that county, agreeably to the election law of force in this State, passed the 11th day of February, in the year 1799.

Freeholders

to sign returna.

Further oath

in doubtful

cases.

17. Sec. V. All returns of district elections, made by freeholders in their several counties, according to the provisions of this act, shall be signed by them as such.

18. Sec. VI. When any doubt shall be suggested, as to the legality of any vote offered at any election, held in any election district, in any of the counties of this State, it shall be the duty of the superintendents of such election, before receiving such vote, to administer to the person offering it, together with the oath now prescribed by law, the