The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1876-12-21

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"Sec. 43. Be it further enacted, etc
That Immediately upon the close of tn
polls on the day ofelecton, the Commi'
sioner of Election at each poll or votin
place shall proceed TO count the votes, d
provided in section thirteen of this aG
and after they hall have 80 counted tn
votes and made list of the names of a
the persons voted for, and the numbe
of votes received by each, the number G
ballots contained in the box, and tn
number rejected and the reasons there
for, duplicates of such lists shall he mad
out signed and sworn to by the Commis
sioners OF Election of each pol and sucl
duplicate lists shall be delivered, one b
the Supervisor of Registration of tn,
parish, and one to the Clerk of the Dis
trict Court of the parish, and in the Par
sh of Orleans to the Secretary Of State
by one er all of said Commissioners II
person, within twenty-four hours afe
the closing of the polls 1t shall be th
duty ofthe Supervisors of Registration
within twenty-four hours after'the receip
of all the returns for the differnt polling
places, to consolidate such returns to bt
certified as correct by the Clerk of the
District Court, and forward the Consoli
dated returns, with the originals receiv
ed by him, to the Returning Officers
provided for in section two of this act
and said report and returns to beincloseC
in an envelope of strong paper or cloth
securely sealed and forwarded by mail
He shall forward a copy of any statement
as to violence or disturbance, bribery OF
corruption, or other ofenses specified in
section twenty-siX OF this act, if any
there be- together with all memoranda
and tally lists used in making the count
and statement of the votes.
Section 2 declares that: "Wthin ten
days after the closing ofthe election said
Returning Officers shall meet in New
Orleans to canvass and compile the state
ments Of votes made by the Commission
ers of Election and make returns Of the
election to the Secretary of State. They
shall continue in session until such re-
turns have been compiled. The prasd-
ing officer shall at such meeting open, in
the presence of said Returning Officers,
the statements of the Commissioners of
Election, and the said Returning Officers
shall from said statements, canvass and
compile The returns of the election in
one copy of such returns they
shall file ii the Office of the Secretary Of
State, and of one copy they shall make
public proclamation by printing in the
official journal and such other news
papers as they may deem proper, declar.
ing the names Of all persons and officers
vo ed for the number of votes for each
person and the names of the persons
who have been duly and lawfully elect
ed. The returns of the elections thus
made and promulgated shall be prima
facie evidence in all courts of justice and
before all civil officers, until set asine af-
er a contest according to law, of the
ght of any person named therein to
IOld and exercise the office to which he
hall by such return be declared elected. |
Nhe Governor shall, within thirty days
hereafter issue commissions to all otfic.
|, 5 thus declared elected, whoare requr
ID by law to the COMMISSIONED
Sec 3. Be it further resolved, etc, That |
n such canvass and compilation the Re-
rrning Officers shall observe the follow
ng order: They shall compile first the
tatements from all polls or voting places
t which there shall have been fair
zee and peaceable registration and elec-
on. Whenever, from any poll or vot-
lg place, there shall be received the
,atement ofany Supervisor of Registr,-
on or Commissioner Of Election, in form
, required by section twenty six of this
It, on aft 'avit of three or more citizens
any riot, tnmult, acts of violence, init
idation, armed disturbance, bribery or
orrupt Influences, which prevented, or
nded to prevent, a fair free and peace (
Die vote of all qualified electors entitlt d
vote at such poll or voting place. such
eturning Officers shall not canvass,
unt or compile the statements of votes {
ON such poll or voting places shall have i
zen Canvassed and compiled The Re.
rning Officers shall then proceed to in.
stigate the statements Of riot lumult, S
is of violence, intimidati, n, med dis [
rbanCe, bribery or corrupt Influences /
any such poll or voting p ace; and if d
)m the evidence of such statement they
all be convinced that such riot, tumult {
Is of violence intimidation, armed dis t
rbance bribery or corrupt influences |
/ not materially interfere with the a
rity and freedom ofthe election at such b
Il or voting place, or did not prevent b
sufficient number of qualified voters C
Great registering or voting to material G.
change the result of the election, then, d
d not otherwise, said Returning Officers
all canvass and compile the vote ofsuch R
OIL or voting place with those previous. il
cOnvassed and compiled; but if said a.
turning Officers shall not be fully salts o
4 thereof, it shall be their duty to ex. CT
inc further testimony in regard there ii
and to this end they shall have power je
send for persons and papers. If after n
III examination, the said Returning
GERS shall he convinced that said riot, tr
nult, acts of violence, intimidation, Of
ned disturbance. bribery orCorrupt in d
9nces did materially interfere with the b,
'ity and freedom of the election at &C
h poll or voting place, or did prevent m
efficient number of the qualified elect di
thereat from registering and voting al
change the result of the ri
ction, then the said Returning Officers st
IL not canvass or compile the state OF
Mt of the votes of such poll or voting or
ce, but shall exclude it from their re- tn
rs: prOvided, that any person inter- in
ID in said election by reason of being al
for Office shall be allowed a bu
ring before said Returning Officers tn
IN making application within the time R
wed for the forwarding of the return VI
ofsaid election" tn
'nder section two of the foregoing pro- &C
on, it will be seen that the duty of the te
.rd of Returning Officers is similar to fa
/ Of State Canvassing Boards in most in
he other States of the Union-simply su
canvass and compile the statements CO
he Commissioners of Election" and vi
claim the result; and this is the whole re
y of the Returning Board, unless the in
lmissioners Of Election or the Super ne
'rs OF some parish impose upon it
her duty, as provided in Sections 26 wi
43. In commenting upon the pow of
of the Returning Board we avail our rel
es of the able argumen of Judge Spof- pc
. made before il. tn