A Treatise on the American Law of Elections

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Callaghan & Company, 1887 - 506 páginas
 

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Página 447 - Senator, and the person who receives a majority of all the votes of the joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected. If no person receives such majority on the first day, the joint assembly shall meet at twelve o'clock meridian of each succeeding day during the session of the legislature, and shall take at least one vote, until a Senator is elected.
Página 460 - ... regularly given by electors whose appointment has been so certified. ,If more than one return or paper purporting to be a return from a State shall have been received by the President of the Senate...
Página 24 - ... that it is bona fide his Intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, and particularly, by name to the prince, potentate, state or sovereignty of which the alien may be at the time a citizen or subject.
Página 466 - In a strict and legal seN.se that is properly the domicil of a person where he has his true, fixed, permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning (animus rercrtcndi) .u [Italics supplied.] Mr.
Página 458 - State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods...
Página 442 - ... and the powers and jurisdiction hereby granted and conferred shall be exercised as well in vacation as in term time ; and a judge, sitting at chambers, shall have the same powers and jurisdiction, including the power of keeping order and of punishing any contempt of his authority, as when sitting in court.
Página 445 - Provided, That no person shall be arrested without process for any offense not committed in the presence of some one of the aforesaid officials...
Página 76 - Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States...
Página 6 - It follows that the amendment has invested the citizens of the United States with a new constitutional right which is within the protecting power of Congress. That right is exemption from discrimination in the exercise of the elective franchise on account of race, color, or previous condition of servitude. This, under the express provisions of the second section of the amendment. Congress may enforce by "appropriate legislation.
Página 124 - If the statute expressly declares any particular act to be essential to the validity of the election, or that its omission shall render the election void, all courts whose duty it is to enforce such statute, must so hold, whether the particular act in question goes to the merits, or affects the result of the election, or not. Such a statute is imperative, and all considerations touching its policy or impolicy, must be addressed to the legislature.

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