The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1872-09-28
THE ELECTION LAW,

The national election law provides, in
substance, that whatsoever in any city Or
town of twenty thousand inhabitants, ten
citizens shall, prior to any registration for
an election of members of Congress, or
prior to any election therefor, make known
in writing to the Circuit Judge of the
United States for that circuit their desire
to have the registration or election, or
both, guarded or scrutinized, he shall, with
in not less than ten days prior to registra-
tion or election, open his Court, and appoint
for each election district two citizens res
idents of the city and of different political
parties, able to read and write the English
language, who shall be known as supervis-
ors of election. The supervisors are re-
quired to attend on all days of registration,
to make full copies of the registry and to
challenge any persons who seek to register
improperly. They are authorized to ex-
anime the registry, and to make such marks
upon it as shall prevent any improper alter
alton being made in it. They may also be
required "to cause the..names of those upon
any such list whose right to register or
vote shall be honestly doubted to be veri-
fed by proper inquiry and examination at
the respective places by them assigned as
their residences" This provision, it will
be noticed, authorizes a complete vertical
ton of the registry by inquiry from house
to house, and the act imposes penalties
upon those who during such a verification
refuse to answer OF answer falsely. In
this work they may be assisted by special
deputy marshals.
On election day the supervisors are re-
quired to attend at each polling place, and
on that day, as well as on days of registra-
ton, they are authorized to ''take, occupy
and remain in such position or positions,
from time to time, whether before or be-
hind the ballot-boxes, as we'll in their judy
ment enable them or him to see such per
son offering himself for registration, or
offering to vote, and as will best conduce
to their or his scrutinizing the manner in
which the registration or voting is being
conducted" They are also authorized to
challenge any vote that is offered, and to
remain where the ballot-boxes are kept
from the opening of the polls till the bal
lots are all counted and the returns made
out. They are required ''to personally
scrutinize, count and canvass each and
every ballot, whatever may be the indorse-
ment on said ballot; or in whatever box it
may have been placed or be found" thus
meeting the case recognized by the State
law of ballots for members of Congress
getting accidentally into the wrong box.
During the canvass they are authorized to
occupy such position as will best conduce
to the performance of their duties, and
they may add to the registry, poll-books
and returns "any statement touching the
truth or accuracy of the registry or the
truth OF fairness of the election and can
vass' which they desire.
The law provides for chief supervisor in
oohi ind or al Iictri 70 VIII oil
pervsors are responsible and who is to as
sist the Circuit Judge. 1t further provides
that the United States Marshal shall, on
application, appoint special deputy mar
shals to assist the supervisors in the verifi-
cation of the registry, before or after cleo
ton, and to attend on the days of election
and registry. To these deputies full pow
er is given to keep the peace, protect the
supervisors and prevent frauds. They
may, on the spot, arrest, with or without
process, those who commit or attempt to
commit any offense against the laws of the
United States, except that they cannot ar
rest without process for any offense not
committed in the presence of the marshal
or deputy, or the supervisor, and then can
not arrest on election day, without process,
any person for an offence committed on
the days of registration, SO that if any one
registers falsely, he cannot be arrested on
election day for that offense, unless war
rant has been procured for him, which, if
the registry has been verified, will usually
have been done. As, however, violation
of any of the provisions of the Election
law is IN otfense, any person who has reg
istered wrongly may be arrested without
warrant if he votes or offers to vote wrong
fully. Any one who binders the supervis-
ors or marshals in the full performance of
their duties, or refuses to aid them when
properly called on SO TO do, is subjected
to heavy penalties. This provision applies
to all election officers, as well as others.
Supervisors and marshals, who neglect
their duty, are subject to similar penalties.
After election the chief supervisor is given
authority to examine into any alleged
fraud Or irregularity, and is required to
ors and deputy marshals receive five dol
lars per day, for not exceeding ten days
If any action, civil or criminal, is commenc-
ed against any supervisor or marshal for
any act done under color of this law, it
may be removed to the United States
court.
1t will be perceived that the national law
in itself now affords perfect and entire
security for an honest election. In the
first place, the supervisors not only see
every man who applies to register, but have
the right to challenge him, and must take
down his name and residence. Either
they or the marshals may then, prior to
election, ascertain if he really resides at
the place he names and is legal voter.
In ascertaining this, every one is required
| to give them the necessary information
If any man registered is found not to be a
! legal voter, a warrant from the United
States Court will await him at the poll on
election day. The supervisors by marking
| the registry books can prevent the surrep-
| titious addition of names. On election day,
the supervisors are to be placed where
they can see all that goes on; they can,
| through the marshals, arrest any violator
of the law, and in the canvass there can be
| no fraud if they do their duty, for they are
to examine every vote in every box, and
they are to mark the returns so as to pre-
vent any change in them.
The act of 1871 applies, only to cities or
towns Of twenty thousand inhabitants or
over. But Congress, at its last session,
extended some of its provisions to smaller
| places, by section which expressly de-
clares that the prior act is ''hereby supple
| mented and amended so as to further pro-
vide' that supervisors may be appointed
in such smaller places whenever, in any
county or parish in any Congressional dis
trict, there shall be ten citizons" who re-
quest it. Supervisors appointed under
this last act must be residents of the cleo
ton district, which is not required in cities
or towns of more than twenty thousand in
habitants. and they receive no compensa-
ton. They have no power Ito make ar
rests, or to perform other duties than to be
in the immediate presence of the officers
holding the election, and to witness of
votes and the making of return thereof. :"
Those powers, though important, are, it
will be seen, much more limited than those
given to supervisors in the larger cities
| and towns.
RiIJROAD NFETINE