New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-02-05
THE BONE OF CONTENTION.

material changes from the law now in
force:
SEC. 81. Be it further enacted, etc. That
five persons, citizens of the State of Louisi-
ana and OF the United States, to be named
and selected az hereinafter provided, shall
he returning officers for all elections in this
State, u majority OF whom shall constitute
quorum, and have power to make the re-
tulns OF the votes and result Of all elections
in this State.
The Governor, by and with the advice
and consent of the Senate, shall designate
and appoint three of said returning officers,
whose appointment esiall be confirmed by
the Senate before entering upon their duties.
1t shall be the duty of the Senate, before
the end Of the present session Of the Cen
eral Assembly, to further by vote designate
three other ut persons qualified to act as
returning officers, who snail be known ss
alternative returning officers, and in the
event OF the sickness, death or resignation.
disability Or absence from the State Of any
Of the three returning officers SO appointed
and confirmed by the Senate as aio7eseid,
it shall be the duty Of the Governor ID name
and designate one CT the three alternatives
50 deaignited by the Senate to FIJI euch
vacancy 50 cccssioned by the sickness,
death, resignation or absence OF any one of
the said three appointed and confirmed re
turning officers aforesaid.
The House Of Representatives. at the
present session of the General Assembly
shall, by vote of the House, name and
designate two persons, citizens OF the State
and Of the United States, being qualified
electors. to be returning ctfioers, aud shall
notify the Governor of such designation
and selection. and the Governor when so
notified OF such selection shall al once ap
point and commission tha two persons 30
designated by TIE Hnuse CT Representatives
to be returning officers, which said two
persons, together with the said three per-
cons appointed by the Governor by and
with the advice OF the Senate. shall Ee and
constitute the returning officers of the
State for all elections.
1t shall be and hereby is made tie duty
of the House of Representatives. az aud
during the present session of the General
Assembly, to also by vote name and desis
nate two other ii: and suitable persons
qualified to act as returning officers, and
report to the Governor the fact of such
selection, tagether with the names and ad
dress of said persons SO selected. Said per-
sons go designated and selected shall be
known as alternative returning OtGcera, ard
in the event of the sickness, disability,
death. resignation or absence from the State
OF the said two returning officers originally
designated by the House OF Representatives,
such vacancy or vacancies by appointing
one or both of said persons SO designated
as alternatives, according to the number of
vacancies.
A majority of such returning officers shall
constitute IA quorum for the transaction OF
any business.
The said returning officers. before enter
ing upon their duties. shall severaily take
and subscribe the following oath, and tie
~, NtE of Of
State:
a. -. do solemnly swear Tor attirnl
that will faithfully and diligently, accord
ing to the best of my understanding and
ability, perform the duty of a returning Cffi-
Ger. as prescribed BY law. That will care
fully and honestly canvass and compile the
statements and returns of the votes, and
make true and correct return OF all elec-
tions in the manner required by law; 60
help me Cod
Said returning officers, go appointed, shall
continue in Office during good behavior, and
urill their successors are duly qualitied;
provided. that in the event that any enc ct
the returning officers shall be candidate
for Office at any election. he shall not be
eligible to act as returning officer to can
yass the statenents Of votes of the parish
or district in which he shall have been
voted for.
SEC 3S Be it further enacted, etc. That
within ten days after each election said re-
turning officers shall meet in the city OF
New Orleans, and, after organizing by the
election of president and vice president,
shall proceed to canvass and compile the
statement of votes cast at such elections,
AID made by the proper officers of election,
as provided in this act, in the naInar as
provided in this act, and make returns OF
the result Of such canvass to the Secretary
Of State. and shall continue in session until
such returns have been fully made, coM-
pleted and returned to the said Secretary
of State.
SEC 80. Be il further enacted, etc, That
when said returning officers shall have so
convened and organized, the presiding Off
Ger shall, in the presence OF the other re-
turning officers, or a majority thereof. in
Guiding the said presiding officer. who shall
be entitled to vote on all occasions. proceed
to open the envelopes containing the state
meuts of the votes cast at said election aud
other documents required by law to be
made and forwarded by the several com
missOners Of election. supervisors OF regis
tration, or other officers by law required to
make aud certify the results of elections ut
the several polling places, precincts, par
ishes and wares in the S5ate, and ali
documents or proof touching the fairness
and legality of the election at any locally,
poll precinct, ward or parish, ard after
such returning officers shall have carefully
made and compiled the statements OF votes
of such election in the manner required by
law, said returning officers, or a majority
thereof, shall mako q written or printed
statement OF the result of such CANVASS,
which shall be made in duplicate, and signed
by the returning officers, or a majority
thereof, one Of which duplicate returns
shall bv them be filed in the office of the
Secretary of State, aud the other they shall
cause to be delivered to the printers or pub
fishers of the official journal OF the State, to
be in such official journal published and
promulgated.
Such returns Of said returning officers
shall show the names of all persons and
offices voted for; tho number OF votes cast
for each person and the names of the per
sons who have been duly elected t, Office,
and the cffiee to which each person has been
so elected.
The returns of election in this manner
made and promulg ated shall he prinaa fac:e
evidence in all courts Of justice and TO all
persons and officers of the right OF any
person 60 named in such return as elected,
and of the right of every such person to
hold and discharge tho duties of the office
to which he is SO declared to be elected
until he shall be duly ousted from such
office by due process of law and the tiual
Judgment of a court of competent jurisdic-
tiun, or, in the case of a member of the
General Assembly, by the body vested by
law with the power to determine the quail
EcatiOns OF it- members.
The Governor, within thirty days after
such returns shall have been fled n the
Office of the Secretary Of State, and pub
lished, as aforesaid ehsll issue cOumissions
in due form OF Law to all officers SO declared
to be elected who are by law required to
be cOmmi-s oned.
SEC 40. Be it further enacted. etc, That
whenever it shall be made to appear to said