The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-01-26
COUNTING THE VOTE.
Constitutional Provisions Concern
ing the Duties of Electors.


The constitutional provision for counting
the Votes after they are sent len in to 1as
in the presence OF the Senate and House
assembled in Joint session is a little in
Counted" says says the Constitution. There
was no question raised SO long as it was
only matter of addition. But there came
toral votes appeared from the same State
and for different persons, and the question
Who was to decide which of them was
the rightful vote OF the State-the Presi-
dent of the Senate. the Joint body voting as
separately in their own chambers? And,
IL so voting, they differed. what was to be
done? There was then no n, method of set,
which of the rival bodies of electors was
the true one, and as the question whether
turned on the question which of certain
returns were the true ones a high and
dangerous crisis was precipitated. This was
commission or court, consisting of five
Senators, five Representatives and FIVE
judges of the Supreme Court to try the
disputed question, and this commission de-
come of this, Feb. 8. 1887. Congress
P ng prov hn act secfion provides that
any contest regarding the election of elect
ors must be decided, as provided by their
State laws at least six days before their
meeting on the second Monday in January.
Section 3 provides that a certificate Of
election must be issued by the State
transmitted by them to the President of
the Senate with their votes Tor President
and Vice President. Section 4 provides that
objection TO the reception OF any returns
must be in writing and signed by one men,
her of each House. mo electoral vote or
votes from any. State. which shall have
pointment has been lawfully certified to
according to Section of this act. from
which but one return has been received
currently may reject the vote or votes
when they agree that such vote or votes
have not been SO reguiariy given by elect
fed. If more than one return. or paper
purporting TO be return. from State
shall have been received by the President
of the Senate. those votes. and those only,
| shall he counted which shall have been
regularly given by the electors who are
| shown by the determination mentioned In
Section 2 of this act TO have been ap-
pointed if the determination men,
| tened in said section provided for shall
| shall arise the question which of two OF
mere of such state authorities determining
what electors have been appointed. as men
| tribunal OF such State. the votes regularly
given of those electors, and those only OF
| such state shall ne counted whose title as
electors the two Houses, acting separately
shall concurrently decide is supported by
| the decision Of such State so authorized by
| its laws; and IN such case or more IMAM one
return. or paper purportins TO be a return
from a state, IL there shall Zoe no such de-
| termination OF the question in the State
| aforesaid, then those votes. and those only
| shall be counted which the two Houses
| shall concurrently decide were cast by law
| full electors appointed in accordance with
1 tho laws of the State, unless the tive
| Houses. acting separately shall concurrent
| ly decide such votes not TO be the Lawful
/ votes OF the legally-appointed electors o.
| such State" If the two Houses disagree
| the votes OF those electors holding the GER
| tifcate OF the State Executive shall h,
counted.