New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-11-14
TIE Law Rotating to the Rsearning
Beard.

4
them is here presented. The rest Of 'tkis
act refers principally to conduct at the
| polls, duties of other officers, bribery, in.
timidation, etc. 1t may be noted that this
act, No. SO Of ls!2, was passed % thesGen-
.eral Assembly near the close Of it's session,
about the end OF February, and laid dor.
mant in the Governors possession till after
| the November election Of that year. 1t
was signed November 20, and promulgated
November A. Its advent was hailed with
demonstrations of joy by the entire Con-
servative press, but it came too late to
have any eject on that election:
Sec. g Be it further enacted, etc., That
| five persons, to be elected by the Senate
| from all political parties, stall be the re-
turning officers for all elections in the
| State, q ma ority OF whom shall constitute
q quorum and have power to make the re-
turns Of all elections. In case OF any Va
oancy 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. The returning Off
GERS shall, after each election, before en-
| tering upon their duties, take and sub.
scribe to the following oath before Judge
| of the Supreme or any district court:
| ~, A. B., do sOlemnly swear tcr affirm)
that will faithfully and diligently per-
| form the duties of q returning officer as
prescribed by law; that I wih carefully and
| honestly canvass and compile the state
ments Of the votes, and make true and
correct return of the election. 80 help me
God"
Within ten days after the closing of the
! election, said returning officers shall meet
in No-s0r1aona Tn a
statements Of votes made by the cOmmis
sioners of election, and make returns of the
| election to the Secretary of State. They
shall continue in session until such returns
have been compiled. The presiding officer
shall at such meeting, open In tho presence
of tho eaid returning odseers the state
ments of the commissioners of election, and
statements, canvass and compile the re.
turns of the election in duplicate; one copy
| of such returns they shall fle in the Office of
| tho Secretary of State, and of one. copy they
shall make public prOclamatiOR by printing
| in the Official journal and such other newspa-
pers rs they may deem proper, declariDglthe
names of all persons and Offioeravoted 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 elections thus made and promulgated
shall be Erima facie evidence in ali courts
of Justice and before sll civil officers, until
set aside after q 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 an officers
thus declared elected, who are required by
| law to be commissioned.
Sec 3. 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 state
ments from all polls or voting places at
which there shall have been q fair, free and
peaceable registration and election. When
ever, from ary poll or voting place, there
shall be received the statement Of any
supervisor Of registration or commissioner
of election, iI form as required by section
twenty six OF this act, on affidavit of three
or more citizens, of any riot, tumult, acts of
violence, intimidation, armed disturbance,
bribery or corrupt influences, which pre-
vented, or tended to prevent, fair, free
and peaceable vote of all qualified cleo
ters entitled to vote at such poll or
voting place, such returning officers shall
not canvass, count or compile the state
ments of votes from such poll or voting
place until the statements from all Other
polls or voting places shall have been can
vassed and compiled. The returning Off
GERS shall then proceed to investigate the
statements of riot tumult, acts of violence,
intimidation, armed disturbance, bribery or
corrupt influences at any such poll or voting
place; and if from the evidence of such
statement they shall be convinced that
such riot, tumult. acts of violence, intimi-
dation, armed disturbance, bribery or cor
rupt influences did not materially interfere
with the purity and freedom Of the election
at such poll or voting place, or did not pre-
~F God
thereat from registering or voting to mate
rally change the result of the election,
then, and not otherwise, said returning
officers shall canvass and compile the vote
of such poll or voting place with those pre-
viousIy canvassed and compiled; but if said
returning officers shall not be fully satisfied
thereof, It shall be their duty to examine
further testimony in regard thereto, and to
this end they shall have power to send for
persons and papers. If, after eueh examine
ton, the said returning officers shall be
convinced that said riot, tumult, acts of
violence, intimidation, armed disturb bance,
bribery or corrupt Influences did materially |
interfere with the purity and freedom of |
the election at such poll or voting place, or |
did prevent q sufficient number of the |
qualified electors thereat from registering |
and voting to materially change the result |
of the election. then the said returning off |
GERS shall not canvass or compile the state |
ment of the vOses of such poll or voting
place, but shall exclude it from their re. !
turns; provided, that any person interested |
in said election by reason of being a candi- |
date for office shall be allowed hearing |
before said returning officers upon making |
application within the time allowed for The |
forwarding of the returns of said election. |
SEC. &c. Be it further enacted. etc., That |
in any parish, precinct, ward, city or town /
- NH ioh 1uri no inn nf 1
revision of registration, or on any day of !
election, there shall be any riot, tumult. |
acts of violence, intimidation and disturb
ance, bribery or corrupt influences at any
place within said parish, or at or near any
poll or voting place or place ofreglstration,
or revision of registration, which riot,
tumult, acts of violence, intimidation and
bribery or corrupt influences
shall prevent, or tend to prevent . fair,
free, peaceable and full vote Of all the
qualified electors of said parish, precinct,
ward. city or town, it shall be the
duty of the commissioners of election,
if such riot, tumult, acts of violence
and disturbance, bribery or
corrupt influences occur on the day of elec-
ton, or of the supervision of registration of
the parish, if they occur during the time of
registration or revision of registration, to
make in duplicate and under oath clear
and full statement of all the facts relating
thereto, and of the effect produced by such
riot, tumult, acts of violence, intimidation
and disturbance, bribery or corrupt in
fuences in preventing a fair, free, peace
ahle and full registration or election, and
of the number of qualified electors deferred
by such riots, tumult, acts OF violence, in.
limidation and disturbance, bribery or
corrupt influences from registering or
voting, which statement shall also
be corroborated under oath by three
citizens, qualified electors of
the parish. When such statement is made