Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1882-04-20
PRESIDENTIAL COUNT.
Hoar's Presidential Count Bill Passed
by the Senate.

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Following is the presidential count
bill, which passed the senate without
amendment:
SECTION /. Be it enacted, etc, That
the electors of each state shall meet
and give their votes on the second
Monday in each January next follow
ing their appointment, at such place in
each state as the legislature Of such
state shall direct.
SEC. 2. That each state may, pursu-
ant to its laws existing on the day fixed
for the appointment Of the electors,
try and determine, before the time
fixed for the meeting of the electors,
any controversy concerning their ap-
pointnent or the appointment Of any
of them. Every such determination
made pursuant to such law so existing
on said day, and made prior to the said
time of meeting of the electors, shall
be conclusive evidence of the lawful
title of the electors who shall have been
so determined to have been appointed,
and shall govern in the counting Of the
electoral votes as provided in the con-
stitutioA and as hereinafter regulated.
SEC. 3. That it shall be the duty of
che executive Of each state to cause
three lists Of the names of the electors
Of such state, duly ascertained accord
ing to the law Of the state to have been
chosen, to be made and certified and to
be delivered, as soon as may be after
such final determination shall be had,
to the electors, and before the day ON
which they are required by law to
meet.
SEC. 4. That congress shall be in ses-
sion on the second Wednesday in Feb
ruary succeeding every meeting of
electors. The senate and house of rep
resentatives at the hour of / o'clock in
the afternoon Of that day, and the
president of the senate shall be their
presiding officer. Two tellers shall be
previously appointed on the part of the
senate and two on the part of the house
Of representatives, to whom shall be
handed, as they are opened by the pres
ident of the senate, all certificates and
papers purporting to be certific ates of
the electoral votes, which certificates
and papers shall be opened, presented,
and acted upon in alphabetical order of
the states, beginning with letter A;
and said teller5, having read the same
in the presence and hearing of the two
houses, shall make list of the votes
as they shall appear from said certifi-
Gates; and, the votes having been as
certained and counted in the manner
and according to the rules in this act
provided, the result of the same shall
be delivered to the president of the
senate, who shall therepuon announce
the state of the vote and the names of
the persons, if any, elected, which an
nouncement shall be deemed sufficient
declaration Of the persons elected pres
ident and vice president Of the United
States, and, together with list of the
votes, be entered on the journals of the
two houses. Upon such reading of
any such certificate or paper, the pres
ident of the senate shall call for
objections, If any. Every objec-
ton shall be made in writing, and shall
state clearly and concisely, and without
argument, the ground thereof, and shall
be signed by at least one senator and
one member Of the house of represen-
tatives before the same shall be re
ceived. When all objections so made
to any vote or paper from a state shall
have been received and read, the senate
shall thereupon withdraw, and such
objections shall be submitted to the
senate for its decision; and the speaker
of the house of representatives shall, in
like manner, submit such objections to
the house of representatives for its de-
cision; and no ELECTORAL vote or votes
from any state from which but one re-
turn has been received shall be rejected
except by the affirmative votes of both
houses. If more than one return, or
paper purporting to be return, from
a state which shall have been received
by the president of the senate, those
votes, and those only, shall be counted
which shall have been regularly given
by the electors, who are shown by the
evidence mentioned in section 2 of
this act to have been appointed, if
the determination in said section
provided for shall have been made:
but in case there shall arise
question which of two or more
Of such state tribunals determin-
ing what electors have been appointed
as mentioned in section 2 of this act is
the lawful tribunal of such state, the
votes regularly given of those electors,
and those Only, from such state shall
be counted whose title as electors the
two houses, acting separately, shall
concurrently decide is supported by the
decision of the tribunal OF such state
so authorized by its laws; and in such
case of more than one return, or paper
purporting to be return, from a state,
if there shall have been no such de
termination of the question in the state
aforesaid, then those votes, and those
only, shall be counted which tie two
houses, acting separately, shall concur
rently decide to be the lawful votes of
the legally-appointed electors of such
state. When the two houses have vot-
ed, they shall Immediately again meet.
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