Bisbee daily review., 1916-11-10
Proper or Improper Choice of Presidential Electors May Be Determined in Court or Even in Congress.
WHERE. VOTE IS CLOSE
 FRAUD IS SUSPECTED
Presidential Electors to As
 semble by States in January
 and Present Votes at Wash ington in February.
(sy Review Leased Wire)

WASHINGTON, Nov. g. Govern ment officials here were deeply inter- ested and not a little concerned over today's announcement from Demo- cratic and Republican campaign lead CTS that contests might be expected. with a possibility of legal proceedings over the votes for presidential elect ors in several of the states. EXami- nations of the decisions in the sever al states disclosed that electors are plainly regarded as state officers. The highest court has held in two leading cases that the questions of their proper or improper choice are for state election officers or state courts to determine and that the fed eral government is not lawfully con cerned even if fraud is shown.
 Meet In January
 The revised statutes provide that the electors shall meet in each state and give their votes on the second Monday in January following the election, at places to be designated by the state legislatures. In the or dinary course of proceedings where the right of electors to sit is uncon- tested, their votes would be counted in the House of Representatives here on the second Wednesday in Febru- ary and this would be the legal end of the election.
 State Laws To Hold
 The statutes further provide that where a state shall have law proper to the election determining methods by which controversies or contests over electors shall be settled, wheth- CT by judicial proceedings or other wise. these laws shall be binding and shall govern in counting the electoral vote.''
 Officials here were under the i'm pression that it would be found that all the states that may be involved in contests have laws of this character. Aside from the decision that the electoral votes of all the states be counted in the House on the second Monday in January, there seems to be nothing to indicate just how much latitude a state might have in deter mining contests so as to have it's vote counted at the fixed time. The stat utes provide that the votes of the states be forwarded to Washington forthwith after the electors meet on the second Monday in January and also says that whenever the certifi- cate of any state of its electors has not been received in Washington on the fourth Monday in January, spe- cial messenger shall be sent to the i federal district judge in that state, in whose hands one certificate must be lodged as he is required forthwith to forward his certificate to the capital. When congress meets to receive the votes it is still possible for a majority | to reverse the certified results from any state in certain cases. As the votes are read to the joint session. the statutes give the right to any member of either house to object, the objection to be considered in separate , session. Where only one return has 1 been made from state, congress can not overturn the certified result, ex- ] cept the two houses concurrently may ! reject any vote where it appears not | to have been given by the properly | chosen electors. Where more than one certificate for state has been sent the vote of those electors whom the house shall concurrently decide have been supported in a contest by the proper state authorities, shall be received and accredited. Where there has been determination of contest by state authorities and there IS more ! than one certificate returned, the choice as to those properly selected [ is with the two houses. If the two i houses disagree the certificate signed | by the executive of state concerned shall be binding and the votes SC cer- tified counted.
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