New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-20

teriere Win INC cioo'iono - ~ 800
or to station any deputies or other oncers
ut apy Doll or voting place or
at any office of registration. for the
purpose of receiving or carrying sne
ballot boxes, or to do any act towards con
Quoting the elections, or towards malntaln-
ing or preserving the peace on the DAY OF
election. The whole care OF the peace ana
order of the cities of New Orleans. Jefler-
son and CarrolltOn, and in the parishes OF
Orleans, Jefferson and st. Bernard, on the
days Of election, shall be in the charge OF
the Metropolitan police, subject TO the
orders of the Governor.
Auy Sheriff who shall do any act contrary
TO the pro visions OF this section snail DO
deemed guilty of misdemeanor In office,
and. upon conviction thereof, shall be re-
moved from office, and be imprisoned Tor
not less than three months. and be fined NOT
less than three hundred dollars, one hall Oh
which fine shall go the prosecutor. ANY
citizen may prosecute any person vioiauhs
the provisions OF this section.
SEC SO. Be il further enacted, etc., TnaC
Immediately upon the ctSse OF the polls On
the day of the election, the Commissioners
of Election at each poll or voting place Shall
seal the ballotboX by FASTING slips OF paper
over the keyhole ana the opening IN the top
thereof, and fastening the same with sealing
wax On which they shall impress seal. ana
they shall write the names OF the commits
sioners on the said slips Of paper; they shall
forthwith convey the bailotbOx SO seaied TO
the Office Of, and deliver said ballotbox to
the Supervisor Of Registration for the
parish who shall keep his Office open Tor
that purpose from the hour OF the close OF
the election until all the votes from the sew
eral polls or voting places of the prec.DcN
shall have been received and counted. The,
Supervisor of Registration shall immedi.
ately upon the receipt of said ballotboX
note its condition and the state of the seals
and iastenirgs thereof, and shall then in the
presence of the Commissioners OF Election
and three citizens freeholders of the parish
for such poll or voting place, open the ballot
box and count the ballots therein and make
a list of all the names of the persons and
offices voted for, the number OF votes for
each person, the number of ballots in the
box, and the number OF ballots rejected,
and the reason therefor, said statement shall
be made in triplicate and each. copy thereof
shall be signed and sworn to by the COM
missioners of election of the poll and by the
supervisor of Registration. AS soon as the
Supervisor of Registration shall have made
the statement above provided tor for each
poll in his precinct or parish, and it shall
have been sworn to and subscribed as above
directed, the Supervisor of Registration
shall inclose in an enyeiop of strong paper
or cloth. securely sealed, one copy OF such
statementfrom each poll and one copy OF the
list of persons voting at each poll, and one
copy OF any statements as to violence or
disturbance, bribery or corruption, or other
offenses specified in section twenty-five OF
this act. If any there be, together with al
memoranda and talley lists used in making
the count and statement OF the votes, and
shall send such package by mail, properly
and plainly addressed, to the Governor of
the State. The Supervisor of Registration p
shall send a second copy of said statements
to the Governor of the State by the next
most safe and speedy mode of conveyance,
and shall retain the third copy IN his own
possession.
SEC. 81. Be it further enacted, ETC., That
the Governor, the Lieutenant Governor, the
Secretary of State, and John Lynch and T.
C. Anderson or a majority Of them, shall oe
the returning officers OF all elections in the
State, majority of whom shall constitute
quorum and have power to make the re-
turns of all elections. In case of any va
cancy by death, resignation or otherwise
by either of the board, then the vacancy
shall be filled by the residue Of the board of
returning officers.
Thu returning officers shall after each
election, before entering upon their duties,
take and subscribe to the following oath
before judge of the Supreme or any Dis
trict Court:
l, A. B., do solemnly swear Tor afirm)
that | will faithfully and diligently perform
the duties of returning officer as pre-
sCribed by law; that I will carefully and
honestly canvass and compile the state
ments of the votes and make true and cor.
rect return of the election. So help me
God.
Within ten days after the closing of the
election said returning officers shall meet
in New Orleans TO canvass and compile the
statements of votes made by the Supervisors
of Registration, aud make returns OF the
election to the Secretary of State. They
shall continue in session until such returns
have been comp eted. The Governor shall
at such meeting open, in the presence Of the
said returning officers, the statements of the
Supervisors Of Registration, and the said re-
turning officers shall, from said statements,
canvass and compile the returns of the cleo
in the Office OF the Secretary of State,
and OF one copy they shall mako
public proclamation by printing in the
official journal and such other newspapers
as they may deem proper, declaring the
names OF all persons and offices voted for,
the number of votes for each person. and the
names of the persons who have been duly
and lawfully elected. The returns OF the
election thus made and promulgated shall
be prima tacie evidence in all courts of JUS
tice ard before all civil officers until set
aside, after contest according to law of the
right of any person named therein to hold
and exercise the Office to which he shall by
such return be declared elected.
The Governor shall within thirty days
thereafter issue commissions to all officers
thus declared elected who are required by
law to be commissioned.
SEC. SIS. Be it further enacted, ETC., That
in such canvass and compilation the return
ing officers shall observe the following or
der: They shall compile first the statements
from all polls or voting places at which
there shall have been fair, free and peace
able registration and election. Whenever
from any poll or voting place there shall be
received the statement of any Supervisor Of
Registration, Assistant Supervisor of Regis
tration, Or Commissioner of Election, in
form as required by section twenty-nine of
this act, on affidavit of three or more citi-
Zens of any riot, tumult, acts Of violence,
armed disturbance, bribery or
corrupt influences, which prevented or
tended to prevent q fair, free, and peaceable
and full vote of all qualified electors entitled
to vote at such poll OR voting place, such
officers shall not canvass, count or
compile the statement of votes from such :
poll or voting place until the statements from
all other polls Or voting places shall have
been canvassed and compiled. The return
ing officers shall then proceed to investigate
the statements of riot, tunplt, acts of vio-
lence, intimidation armed disturbance, bril-
berry or corrupt influences at any such DOLL
or voting place, and if from the evidence Of
such statements they shall be convinced
that such riot, tumult, acts of violence in
tmidation. armed disturbance, bribery or
corrupt Influences, did not materially inter
fere with the purity and freedom of the cleo
ton at such poll or voting place, or did not
prevent sufficient number OF the qualified
voters thereat from registering or voting to
change the result OF the election.
then and not otherwise said returning
w