Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-10-07

and shall transmit one to the secretary
OF state, who shall submit the same to the
house, on the irstday Of the ensuing reg
ular session, together with list Of the
persons appearing thereby TO be elect
ed. or the certificates respecting the
election of senator. they shall transmit
one to each person voted for as senator,
and shall transmit one TO the secretary
Of state, to be submitted by him to the
senate, on the first day Of the ensuing
regular session, together with list OF
persons appearing thereby to be elect
ed. or the certificates respecting the
election Of governor, auditor, treasurer,
state superintendent OF free schools
and attorney general, one as to each OF
said offices, shall be sealed up, and
transmitted by said commissioners 10
the secretary OF state, endorsed
on the envelope as follows: ere
turns OF the election for governor,
auditor, treasurer, state superintendent
OF free schools and attorney general"
The secretary Of state shall deliver the
same, unopened, TO the speaker OF the
house Of delegates, on the first day OF
next session OF the legislature; and the
speaker shall Immediately after the or
ganiZatiOn OF the house, and before pro-
ceedlng TO the other business, open and
publish the same in the presence OF a
majority Of each house Of the legisla-
ture, which bodies shall, for that pur-
pose, assemble In the hall Of the house
Of delegates. The person having the
highest number of votes for
either of said offices shall be de-
clared duly elected thereto; but if two
or more persons have an equal and the
highest number Of votes for the same
Office, the legislature shall, by joint
vote of the two houses, choose one OF
said persons for said Office; and one OF
each of said last mentioned certificates,
shall also be transmitted, under seal to
the Governor, who shall Immediately
tabulate the vote in all the counties, for
each Office, and cause the same TO be
published ia some newspaper published
at the seat of government. OF the GER
tificateS respecting the election for
Judge of the Supreme Court Of Appeals,
Judge of a judicial circuit, representa-
tive in the Congress Of the United
States, and electors Of President and
Vice President of the United States, re-
spectively, the commissioners shall
transmit one in each case to the person
voted for, and one to the Governor, and
the Governor shall ascertain who are
elected, and make proclamation thereof.
OF the certificates respecting the cleo
ton Of all county and district officers,
one shall be transmitted TO each person
for whom votes were cast.
DECISION IN CASE OF AN EQUALITY OF
VOTES.
II. When the governor is, or the
board Of canvaSsers OF county
are, to declare the result Of an cleo
tion, and it appears TO him, or them,
that two or more of the persons voted
for have received the highest and an
equal number Of votes, so that the
election TO the office is no decided by the
returns, he, or they being required to
declare the result, shall decide the tie
by the election of one Of said per-
sons.
DECLARING THE RESULT OF THE ELEC-
TIoN FOR COUNTY AND DISTRICT Off
GERS IN CASE OF CONTESTED ELECTION.
70. In all cases of contested election
the county court shall be the judge Of
the election, qualifications and returns
of their own members, and OF all county
and district officers.
70. Though Illegal votes be received
or legal votes be rejected, at any place
of voting, the returns Of the votes taken
at such place shall not be set aside for
that cause, but it may be shown by
proper evidence before the tribunal au-
thorized by law TO hear and determine
contested elections, for whom such ille-
gal votes or any Of them, were cast, or
for whom the legal votes which were re-
iected would have been given, and so
far only as is so shown the returns shall
be corrected.
ADDITIONAL OFFENsEs AND PENALTIES.
"A. Any officer or person who shall Of
fend in anyOf the following particulars:
First. Any commissioner OF election
or poll clerk who shall knowingly make
or cause to be made or cOnspire with
others to make false return Of the re-
suit OF the votes cast for any candidate
at a precinct election held pursuant to
law; or,
Second. Any commissioner OF cleo
tiop receiving the ballot Of voter to
be deposited In the ballot box at any
precinct election, who shall put another
ballot In the box instead Of the one so
received by him; or,
Third. Any commissioner OF election
or Doll clerk, who shall count and string
a ballot not taken from the ballot box,
in lieu OF one taken, or which should
L., hoy.
or,
Fourth. Any commissioner OF a coun-
~ court whether acting as such or ex-
ofTiclo as a member Of board of can
vassers or otherwise, clerk OF county
court. or other person, who shall alb
stract from any package OF ballots
voted. sealed and returned from any
precinct election either before or after
they are filed with the clerk OF the cir
emit or county court, or who shall in
apy manner change any such ballot
from what IL was when voted by the
voter. or who shall put another ballot
in such package in place OF the one SO
distracted therefrOm; or,
Fifth. Any commissioned county
court whether acting as such commits
sioner or ex-OfficiO as member OF
board Of canvassers or otherwise, who
shall knowingly make and enter OF record
or in any way aid, counsel or advise the
same to be done, or permit the same to
be done without objection on his part,
any false or fraudulent statement OF the
result Of any election held within their
county; or,
Sixth. Any person who shall AID
assist, counsel or advise in the commits
al Snnai-