"s .1.-, r WEEK; vOLLECT THE ELECTION LAV\^ OF NORTH CAROLINA, AS AMENDED BY ACTS OF ASSEMBLY OF 1885, 1887, 1889 AND 1891. THE GENERAL ASSEMBLY OF 1893 MADE NO CHANGES IN THE . ELECTION LAW. RALEIGH, N. C. : JosEPHUS Daniels, State Printer and Binder. Presses of Edwards & Broughton. 1894. a- X.- 3^^ ill. ^ THE ELECTION LAW. Section 2668. On the Tuesday next after the first Mon- state, legislative •^ aud county offi- dav in November, in the year of our Lord one thousand ^ers , " i876-'7, c. 275, s. I. eight hundred and eighty-four, and every four years there- after, an eleclioD shall be held in the several election pre- cincts in each county for the following officers: First, Governor; second, Lieutenant Governor; third, Secretary of State; fourth, Auditor; fifth, Treasurer; sixth, Super- intendent of Public Instruction ; seventh. Attorney Gen- eral. And on said Tuesday next after the first Monday in November in the year aforesaid, and every two years thereafter, an election shall be held for members of Con- gress in the several districts; members of the General Assembly for their respective counties and districts; a Register of Deeds, County Surveyor, Coroner and Sheriff for their respective counties; and in such counties as have one, a County Treasurer. Sec. 2669. On the Tuesday next after the first Monday cierkofthe. •^ _ *' Superior Court. in November, in the year of our Lord one thousand eight ^^79, c. 152, s. i. hundred and eighty-six, and on said day every four years thereafter, an election shall be held in each county for the office of Clerk of the Superior Court. Sec. 2670. On the Tuesday next after the first Monday Township con- in November, in the year of our Lord one thousand eight 1879, c". 151,3. i. hundred aud eighty-four, and on said day every two years thereafter, an election shall be held in each township for the office of Constable. ^ Sec. 2671. The Board of Commissioners of each county The board of com- ,^ shall have power to establish, alter, discontinue or create ScTcouSy X such separate places of election in their respective counties establish polling ,• as they may deem expedient, giving thirty days' notice ^^7i-;2, c 185, s. 2, thereof by advertisement in some public journal, if there 1879. c' 152, s.' i. ^ be one published in the county, or in lieu thereof in three m places in such county, and at the court-house thereof; but there shall be at least one polling place in every township, as nearly central as possible; and there shall be a polling place open in each ward of a city numbering over three thousand inhabitants. fhaiffuSif/'^'' Sec. 2672. The Secretary of State shall provide for and tratfonVo^Ssl forward to the Boards of Commissioners of counties, on 1876-7,0.275,5.3. Q^Q^j. requisition, suitable registration books, whenever needed, for each election precinct. Books to be pro- Sec. 2673. If the Boards of County Commissioners do vided by the "^ commissioneis ^ot reccivc a sufficicnt number of resfistration books, as m certain cases. o 7 i87£'7i c! 275^ i t provided in the preceding section, they are directed to provide the same for their respective counties at the expense of the State. The board of Sec. 2674. The Boards of Commissioners of the several commissioners . ini ^ t> ^ r> n, r -i /»<-^ shall select regis- couuties shall selcct, ou or beiorc the nrst Monday of oep- trars ; candidates . , ^ l »ot eligible. tcmber preceding each election, one or more persons for 1879, c.'i52, s.'i. each election precinct, who shall act as registrars of voters for such precinct. Said Board shall make publication of the names of the persons so elected, at the court-house door, immediately after such appointment, and shall cause a notice to be served upon said persons by the Sheriff. If . any registrar shall die or neglect to perform his duties, the Justices of the Peace for the township, or a majority of said Justices, or the Clerk of the Superior Court of the county, in case said Justices or a majority of them fail to meet, may appoint another in his place. And no person who is a candidate for any office shall be a registrar or judge or inspector of an election, g^ty of regis- Sec. 2675. Registrars shall be furnished with a regis- i876-'7, c. 275, S.6. tration book, and it shall be their duty to revise the exist- ing registration books of their precinct or township in such manner that said books shall show an accurate list of electors previously registered in such precinct or town- ship, and still residing therein, without requiring such electors to be registered anew ; and such registrars shall also, between the hours of sunrise and sunset on each day (Sundays excepted) for thirty days preceding the day for closing the registration books, as hereinafter provided, keep open said books for the registration of any electors residing in such precinct or township, and entitled to registration, whose names have never before been regis- tered in such precinct or township, or do not appear in the revised list. But the Board of Commissioners for each county may, upon giving thirty days' notice in each town- ship, if they shall think proper, direct that there shall be an entirely new registration of voters before any elec- tion, instead of the revision of the registration lists as above provided, that said books shall be closed for reg- istration on the second Saturday before each election; that registration shall be allowed on that day up to 12 o'clock noon. Sec. 2676. No elector shall be entitled to register or vote Elector to vote ® in his own pre- in any other precinct or township than the one in w^hich ^^^^^2 c 185 s 7 he is an actual and bona fide resident on the day of elec- ^^^e-'y, c. 275, s. 7. tion, and no certificate of registration shall be given, except as hereinafter provided. No registration shall be valid unless it specifies as near as may be the age, occu- pation, place of birth and place of residence of the elec- tor, as well as the township or county from whence the elector has removed — in the event of a removal — and the full name by which the voter is known. Sec. 2677. It shall be the duty of the registrars and Registration "^ ^ ^ books open to judges of election to attend at the polling place of their jj^p^^^^^^^^'^^^sht township or precinct with the registration books on the j876-,7; c. 27^' I', s! second Saturday preceding the election, from the hour of nine o'clock a. m. till the hour of five o'clock p. m., when and where the said books shall be open to the inspection of the electors of the precinct or township, and any of said electors shall be allowed to object to the name of any person appearing on said books. In case of any such objection the registrar shall enter upon his books opposite to the name of the person so objected to the word "Chal- lenged," and shall appoint a time and place, on. or before the election day, when he, together with said judges of election, shall hear and decide said objection, giving due notice to the voter so objected to: Provided, that nothing in this section shall prohibit the right of any elector to challenge or object to the name of any person registered or offering to register at any time other than that above specified. If any person challenged or objected to shall be found not duly qualified, as provided in this chapter, the registrar shall erase his name from the books. Judges of election, Qec. 2678. The Board of Commissioners for each county. their duties. *' ^ lll&^'y c I75 i. I' ^^ ^^ before the first Monday of the month next preceding 3879, c. 152, s. I. the month in which each election is held, shall appoint four judges or inspectors of election, two of whom shall be of a different political party, where possible, from the registrars, at each place of holding election in their respec- tive counties. The said judges of election shall attend at the places for which they are severally appointed on the day of election, and they, together with the registrars for such precinct or township, who shall attend with the reg- istration books, after being sworn by some Justice of the Peace, or other person authorized to administer oaths, to conduct the election fairly and impartially, according to the Constitution and laws of the State, shall open the polls and superintend the same until the close of the elec- tion. They shall keep poll-books, in which shall be entered the name of every person who shall vote, and at the close of the election the judges of election shall certify the same over their proper signatures, and deposit them with the Kegister of Deeds for safe-keeping. And said poll-books shall, in any trial for illegal or fraudulent voting, be received as evidence. The Board of Commissioners shall, immediately after the appointment of the judges of elec- tion, as herein provided, furnish a list of names of such judges to the Sheriff of their county, who shall, within ten days, serve notice of such appointment upon the said judges ; and if any person appointed judge of election i shall fail to attend, the registrar of such township shall appoint some discreet person to act as such, who shall be by him sworu before acting. Sec. 2679. The following classes of persons shall not be ^5 a^no^^d't?'^^ allowed to register or vote in this State, to-wit: First, per- igf^.^y^^^^f s". io„ sons under twenty-one years of age; second, idiots and lunatics; third, persons who, upon conviction or confes- sion in open court, shall have been adjudged guilty of felony or other crime infamous by the laws of this State, committed after first day of January, in the year of our Lord one thousand eight hundred and seventy-seven, unless they shall have been legally restored to the rights of citizenship. Sec. 2680. Subject to the foregoing exceptions, every Qualification of male person born in the United States, and every male dence of' electors ; fraudulent regis- person who has been naturalized, twenty-one years of age, tration or voting who shall have resided in the State twelve months next fine and imprison- ment. preceding the election, and ninety days in the county in ^^^e-'?, c 275, s. n. which he offers to vote, shall be a qualified elector in the precinct or township in which he resides; and all electors shall register and vote in the election precinct of their residence. The residence of a married man shall be where bis family resides, and that of a single man where he boards and sleeps; and -should any single man board in one ward or precinct and sleep in another, then his resi- dence shall be in the ward or precinct in which he sleeps, and he shall not register or vote in any other ward or precinct. But no elector shall be allowed to register in » any ward or precinct to which he shall have removed for the mere purpose of being a voter therein, nor unless his residence therein is actual and bona fide. And it shall be the duty of the registrar or judge of election, when requested by any bystander, to swear any person ofifering to register or vote, as to his residence, and to have placed in writing opposite his name the word " Sworn ;" and any person knowingly and fraudulently registering or voting at any other place than that of his bonoj fide residence i876-'7, c. 275, s. 12. • A 8 shall be guilty of a crime infamous by the laws of this State, and punished by a fine not exceeding one tliousand dollars, or imprisoned at hard labor not exceeding two years, or both, in the discretion of the Court. torSltefSifst Sec'- 2681. Every person who shall present himself for efe?to?s!^' °^*^ °^ registration shall state under oath how long he has contin- uously resided in this State and in the county in which he offers to vote ; whether he is an alien or native born; when he becomes tw^enty-one years of age ; whether married or single, and where or with whom he resides. Upon the request of any elector the registrar shall require the appli- cant to prove his identity or age and residence by such testimony, under oath, as may be satisfactory to the reg- istrar. And if an elector has previously been admitted to registration in any ward, township or precinct in the county in which he resides, he shall not be allowed to register again in another ward, precinct or township in the same county until he produces a certificate of the registrar of the former township, ward or precinct, that said elector has removed from said township, ward or precinct, and that his name has been erased from the registration books of the ward, township or precinct from which he has removed ; and the identity of any person claiming a right to be registered in any precinct of the same county by virtue of such certificate, with the person therein named, shall be proved by the oath of the claimant, and when required by the registrar, by the oath of at least one other elector. Every person found qualified shall take the fol- lowing oath : " - - - - _ . , do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of North Carolina; that I have been a resident of the State of North Carolina for twelve months, and of the county of for ninety days; that I am a duly qualified elector, and that I have not registered for this election in any other precinct, and that I am an actual and bona fide resident of township (or precinct) : So help me, God." \ 9 . And the registrar shall record the uame, age, occupa- tion, place of birth and place of residence of the" elector, and the name of the township or county from whence the elector has removed (in the event of a removal), also the date of registration, in the appropriate column of the reg- istration book. Sec. 2682. No registration shall be allowed on the day ^f^owfl^onthT of election ; but if any person shall give satisfactory evi- eS?ept in ce?tkm dence to the judges of the election that he has become of "Sji^, c. ise, s. n. the age of twenty-one years on the day of election, or has ^ '^ ^''^' ^^^' ^' ^^' become twenty-one years of age after the registration books were closed, he shall be allowed to register and vote : Provided, he be found otherwise qualified. Sec. 2683. On the day of election any elector may, and j^^dS shSfchaf- the judges of election shall, challenge the vote of any per- [l^^f^ c. 185, s. 12. son who may be known or suspected not to be a duly qual- ^ ^ ^'^' ^^^' ^' ^'^' ified voter. Sec. 2684. When any person is challenged the judges oath of persons *' ^ o J & challenged ; when shall explain to him the qualifications of an elector, and cSSilngl to b?^^ ' shall examine him as to his qualifications, and if the jJdges'Se??^fon°^ person insists that he is qualified, and shall prov.e his lllV^j, c! 275; s! 15! identity with the person in whose name he offers to vote, or his continued residence in the precinct since his name was placed upon the registration list, as the case may be, by the testimony, under oath, of at least one other elector, one of the judges shall tender to him the following oath : "You do solemnly s^ear (or affirm) that you are a citizen of the United States; that you are twenty-one years of age, and that you have resided in the State for twelve months, and in this county for ninety days next preceding this election; and that you are not dis- qualified from voting by the Constitution and laws of this Stare; that your name is (here insert the name given), and that in such name you were duly registered as a voter of this township, and that you are now an actual resident of the same and have been ever since you were so registered; and that you are the identical person you repre- sent yourself to be; and that you have not voted in this election at this or any other polling-place: So help you, God." 10 / And if he refuses to take such oath his vote shall be rejected ; if, however, he does take the oath when tendered^ his vote shall be received : Provided, that after such oath shall have been taken, the judges may, nevertheless, refuse to permit such person to vote if they be satisfied that he is not a legal voter; and they are hereby authorized to administer the necessary oaths or affirmations to all wit- nesses brought before them to testify to the qualifications of a person offering to vote. Whenever any person's vote shall be received, after having taken the oath prescribed in this section, the clerks of the election shall write on the poll-books at the end of such person's name the word "Sworn." The same powers as to the administration of oaths and the examination of witnesses as in this section granted to judges of elections may be exercised by the registrars in all cases where the names of persons regis- tered or offering to register are objected to. When polls to be Sec. 2685. The polls shall be opened on the day of opened and closed; _ _ - manner of voting, elcctiou from scvcu o'clock in the morning until sunset of 1871-2, c. 185, s. 14. ° i876-'7, c. 275, s. 16. ii^Q sanie day, and no longer ; and each voter whose name may appear registered, and who shall not be challenged and rejected, shall hand in his ballot to the judges, who shall carefully deposit the ballots in the ballot-boxes. Judges to deposit Sec. 2686. Immediately after any election the judges of registration books ^ '^ >) o with the register election shall deposit the registration books for' their res- et deeds. ^ ^ i87i-'2, c. 185, s. 15. pective precincts with the Register of Deeds of their res- pective counties. * How officers shall Sec. 2687. The State officers, viz.: Governor, Lieuten- baiTots^to^beon ^^^ Govomor, Secretary of State, Auditor, Treasurer, wuhout^ffvi??."^ Superintendent of Public Instruction and Attorney Gen- i87i-'2, c. 185, s. 16. ^^^1 shdAl be voted for on one ballot. The members of Congress for their respective districts shall be voted for on one ballot. The member or members of Congress for the State-at-large, if there be such, shall be voted for on one ballot. The Justices of the Supreme Court, Judges of the Superior Court and Solicitors shall be voted for on one ballot. The members of the General Assembly for n r> • their respective counties and districts shall be voted for on one ballot. The county officers for the respective counties, viz.: Clerk of the Superior Court, Treasurer, Register of Deeds, Surveyor, Coroner, and Sheriff, shall be voted for on one ballot. The ballots shall be on white paper, and may be prini:ed or written, or partly written and partly printed, and shall be without device. Sec. 2688. The Board of County Commissioners, or upon county commis- ,.., ,. n \ • • -I r sioners to provide their failure, the inspectors oi election, shall provide for baiiot-boxes ; ■' ^ ^ description of each election precinct in their respective counties ballot- J^o^es-^ho to ^ -"^ keep them. boxes for each class of officers to be voted for, in which to J&i^' l' If' l' J^; deposit the ballots for such officers respectively. Each of said boxes shall have an opening through the lid of suffi- cient size to admit a single folded ballot, and no more. The said ballot-boxes shall be kept by the judges of elec- tion for the use of their several election precincts respect- ively. And said judges of election, before the voting begins, shall carefully examine the ballot-boxes and see that there is nothing in them. Each box shall be labelled in plain and distinct Roman letters, with the name of the office or offices to be voted for, and the question or ques- tions to be voted upon. The majority of the judges of election for the county and State officers for any voting precinct, with the registrar of such prednct, may, if they think it expedient so to do, rail off, at a cost to be approved by the Board of County Commissioners, and to be paid for by the county, at such precinct a space or.enclosure, with an opening at one end or side for the entrance of the voter, and an opening at the other side for his exit, as a polling place in which to hold the election for the State and county officers. Only one voter shall be allowed to enter such polling place at one time, and no one except the judges of election shall be allowed to speak to or interfere with the voter while in the polling place casting his vote, which shall be put into the proper box or boxes by said voter, or by the judges at the request of the voter. All voters shall pass through said enclosure without any delay of time, so 12 that said passage shall not be obstructed by delay unneces- sarily, oiitside of depositing his vote or votes. A similar, but separate and distinct, space or enclosure may be railed off as a polling place for the election of members of Congress and Presidential Electors, at such distance from the polling place for State and county officers as the judges of election ma}^ designate. In the event such separate polling place shall be designated for holding the election for members of Congress and Presidential Electors as herein provided, the methods for holding the election and conducting the voting shall be the same in all respects as those provided aforesaid in this amendment to said section 2688 of The Code for the polling places for State and county officers. The registrar appointed for such precinct shall have power and authority to appoint a deputy registrar for such separate polling place, to whom shall be furnished the names of all persons qualified and entitled to vote at such precinct, and the judges of election appointed for such precinct and registrar shall appoint two suitable and discrefet persons as judges or inspectors of election for such separate polling place," who shall be of different political parties, where possible. The registrar and judges so appointed for such separate polling place shall be sworn to perform their duties according to law, shall make due returns of the election, and have all the powers, privileges and authority conferred on them by law as in the case of other registrars and judges of election : Provided, however, that if the judges of election at any of the voting precincts in this State do not see fit to carry out the provisions of this amendment to said section 2688 of The Code,"^^ then, and in that event, the election at said precinct not adopt- ing such provisions shall be conducted in all respects as is now provided by law. *A11 the amendments to the election law made in chapter 287, I^aws of 1889, are incorporated in the election law now sent out. 13 Sec. 2689. When the election shall be finished, the fp^^^J'^^S^/fj,^^ registrars and judges of election, in the presence of such ^hS*fic£efs^tole of the electors as may choose to attend, shall open the l87i-'2, c. 185, s. is. boxes and count the ballots, reading aloud the names of the persons who shall appear on each ticket ; and if there shall be two or more tickets roFed up together, or any ticket shall contain the names of more persons than such elector has a right to vote for, or shall have a device upon it, in either of these cases such tickets shall not be num- bered in taking the ballots, but shall be void ; and the said counting of votes shall be continued without adjourn- ment until completed and the result thereof declared. Sec. 2690. The judges of election in each township, geSon^returas ward or precinct shall appoint one of their number or the ^^7^'7. c- 275, s. 21. registrar to attend the meeting of the board of county can- vassers, as a member thereof, and shall deliver to the member who shall have been so appointed the original return or statement of the result of the election in such township, ward or precinct ; and the members of the sev- eral township, ward or precinct boards of election, who shall have been so appointed, shall attend the meeting of the board of county canvassers for such election in the county in which they shall have been appointed as mem- bers thereof. Sec. 2691. The members of the several boards of elec- Theboardof county canvassers. tion to whom the original returns or statements of the ^^^^'7' ^- ^75, s. 22. result of the election in the precincts, wards or townships to which they respectively belong shall have been deliv- ered, as directed in the preceding section, shall constitute the board of county canvassers for such election in the county in which such precinct, ward or township shall be situated ; and the Register of Deeds of such county shall be the clerk of such board, unless the board shall elect another person in his place. Sec. 2692. A majority of the .members of the several ^^SfSteV" precinct boards of election who shall have been appointed Jg^e-v'Tc. 275, s. 23. 14 The meeting of ■Ihe board of canvassers. i876-'7, c. 275, s. 24 The board of county canvass- ers to open and canvass the re- turns. i876-'7, c. 275, s. 25. to attend the meeting of the board of county canvassers as members thereof shall constitute such board. Sec. 2693. The board of county canvassers shall meet on the second day next after every election at twelve o'clock, noon, of that day, at the court-house of the county, and at that hour, without delay, the members of such board who shall then be present shall choose one of their number, who shall be the chairman : Provided, the board of county canvassers of Dare shall meet on the seventh day after the election ; the board of county canvassers of Hyde and Carteret counties shall meet on the fourth day after the election ; and as soon as such chairman shall be appointed, he shall administer to each of the other mem- bers, and each of the other members shall take an oath or affirmation in the following form : " You do swear (or affirm) that you will faithfully and impartially execute the duties of the board of canvassers, according to law." And thereupon one of the members of such board, appointed for that purpose, shall administer to such chair- man, and such chairman shall take an oath or affirmation in the same form as that taken by the other members of the board. And before proceeding to canvass and esti- mate the votes in such county, the chairman of the board shall administer to the clerk thereof an oath or affirma- tion in the following form : " You do swear (or affirm) that you will faithfully execute the duties of clerk of this board, according to law." Sec. 2694. The board of county canvassers shall, at their said meeting, in the presence of the Sheriff and of such electors as choose to attend, open and canvass and judicially determine the returns, and make abstracts, stat- ing the number of legal ballots cast in each precinct for each office, the name of each person voted for and the number of votes given each person for each different office and shall sign the same. Said board shall have power and authority to judicially pass upon all the facts relative 15 to the election, and judiciall}^ determine and declare the true result of the. same; and they shall also have power and authority to send' for papers and persons and examine the latter on oath. Sec. 2695. The abstract of the votes for each of the fol- ^'JeftrbYmfie.^ lowing classes shall be made on a different sheet: i876-'7, c. 275, s. 26. 1. Governor and all State Officers ; 2. Kepresentatives in Congress ; 3. Senators and Representatives in the General Assem- bly; 4. Justices of the Supreme Court, Judges of the Superior^ Court, and Solicitors ; 5. County Officers. Sec. 2696. Three abstracts of all the votes cast for any separate abstracts •^ to be signed by State officer, for Representatives in Congress, for Justices boL^and m^ed^ of the Supreme Court, for Judges of the Superior Court, ^^^s-'?, c 275, s. 27. and for Solicitor shall be made and signed by the chair- man of the board of county canvassers, one of which shall be delivered to the Sheriff of the county, one filed with the Register of Deeds, to be registered in his office, and one forwarded by mail in a registered letter to the Secre- tary of State, at Raleigh. Also two separate abstracts of all the votes cast for State Senators, when the senatorial district consists of more than one county, one of which shall be filed with the Register of Deeds, to be registered in his office, and the other furnished to the Sheriff of the county or other returning officer. Sec. 2697. Each abstract of the votes cast for such offi- ab?tract'ofti?e^ cers as the county alone elects shall contain an accurate office^s"^ '^^^^^^^ statement of all the persons voted for and the number of ^^^^'^' ^" ^^^' ^'^^' legal votes cast for each. Sec. 2698. When the canvass is concluded, the board original returns shall deliver the orisrinal returns to the Clerk of the Supe- cierkof thesu- '^ ^ penor court and rior Court, to be filed in his office, and shall cause each of t^^°^^^^^; *^"P^i- ' ' cate to be sent to the abstracts mentioned in the two preceding sections to ?8T6-^7?? 275 ^5^29! be recorded in a book to be called " The Election Book," 16 to be kept in the office of said Clerk. And said Clerk shall also transmit by mail to the Secretary of State duplicates of the abstracts mentioned in section* twenty-six hundred and ninety-six, each abstract to be sealed up in a separate envelope. hrSeJtvo^te'tfbe ^^^' '^^^^' ^ho persou baviug the greatest number of k!s^,^c^5?T8^' legal votes for any office is to be declared elected. But if J876i'7, c!'275^s. 30. two or morc county candidates, having the greatest num- ber of votes, shall have an equal number, the Board of Commissioners of the county shall determine which shall be elected. Result of election Sec. 2700. Whcu the board of county canvassers havo to be proclaimed *^ ?876-'7''c"J-"^s"'"'?" *1^^^ completed the comparison of the polls they shall determine the result of the election in their county for all ' persons voted for, and proclaim the same at the court-house door, with the number of votes cast for each. Returning officers Sec. 2701. The Sheriffs or other returning officers in the of senatorial dis- ° where uJ'Sie^"'^ various Senatorial districts composed of more than one ?o^mi£ returns?^ county, after receiving the returns from the board of aSd compa?e^(? couuty cauvassers, shall meet on the tenth day after the 1891,0.510,5.1. election, at the following places in their respective dis- tricts for the purpose of comparing the polls: In the first district, at Hertford, in the county of Perquimans; in the second district, at Plymouth, in the county of Washing- ton ; in the third district, at Eoxobel, in the county of Bertie; in the seventh district, at Nashville, in the county of Nash ; in the eighth district, at New Berne, in the county of Craven ; in the ninth district, at Warsaw, in the county of Duplin ; in the tenth district, at Wilmington, in the county of New Hanover ; in the eleventh district, at Eidgeway, in the count}^ of Warren; in the fourteenth district, at Roseboro, in the county of Sampson ; in the fifteenth district, at Lennon's Cross-roads, near Francis Lennon's, in the county of Columbus; in the seventeenth district, at Berea, in the county of Granville; in the eigh- teenth district, at Hillsboro, in the county of Orange ; in 17 the twenty-second district, at Brower's Mill, in the county of Randolph ; in the twenty-third district, at Lilesville, in the county of Anson ; in the twenty-fourth district, at Mount Pleasant, in the county of Cabarrvis; in the twenty- sixth district, at Lexington, in the county of Davidson ; in the twenty-seventh district, at Harraony, in the county of Iredell; in the twenty-eighth district, at Pilot Mountain, in the county of Surry; in the twenty-ninth district, at Hickory, in the county of Catawba; in the thirtieth dis- trict, at Jefl'erson, in the county of Ashe ; in the thirty- first district, at Marion, in the county of McDowell; in the thirty-second district, at Mooresboro, in the county of Cleveland ; in the thirty-third district, at Asheville, in the county of Buncombe; in the thirty-fourth district, at Webster, in the county of Jackson ; in the thirty-fifth dis- trict, at Murphy, in the county of Cherokee. If, for any cause, any of said Sheriffs or returning officers are pre- vented from meeting at said places, respectively, on the aforesaid tenth day after the election, the returns of such officers shall be waited for and received, if they arrive on the follovviiig day ; and the returning officer failing to attend at the time and place required, as aforesaid, shall forfeit and pay one thousand dollars, to be recovered in the Superior Court of his county by any person who may sue for the same, and shall be guilty of a misdemeanor ; but if the returns of all the counties in the district be not in by noon of the day appointed, then the returning offi- cers shall adjourn from day to day, until the returns from all the counties be received, and, in the meantime, shall despatch a competent person, under oath, to the county of the delinquent returning officer for a certified copy of the vote of that county, which shall be furnished by the Register of Deeds of said county, and when received shall be counted; and when the Sheriff's shall be convened, as aforesaid, the polls for the different counties shall be examined in the presence of one Justice and five electors, 2 18 / to be summoned by the Sheriff of the county where they shall meet ; and a certificate, under the hands and seals of the returning Sheriffs, shall be given to the candidate ib each district for whom the greatest number of votes shall have been given ; but if two or more candidates shall have an equal number of votes, the said officers shall determine which shall be a Senator, and if no decision shall be made by them, they shall determine the same by lot. Certificate of Sec. 2702. The Sheriff of each county shall furnish, election, when and - "^ ' how furnished. wlthiu tcu days, the member or members elected to the i87i-'2, c. 185, s. 22. -^ ' i876-'7, c. 275, s. 33- House of Representatives and to the Senate, where the district is not composed of more than one county, a certif- icate of election, under his Jiand and seal; he shall also immediately notify all persons elected to the county offices to meet at the court-house on the first Monday in the ensuing month, to be qualified. Returns for State Sec. 2703. The Sheriff or other returning officer of each officer^ ; when, by whom and how couutv shall, on or before the third day after the elec- made ; certificate J "> J whom^ltetement ^^^°' transmit by mail, in a registered letter, or otherwise, quent^rSurnfn^' to the Speaker of the House of Representatives, a sepa- ?5&^'7,l%5, s. 34. rate statement of the votes taken in his county for each of the State officers, to-wit, Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, and Attorney General, which state- ment, in each case, shall be in the following or some similar form, viz.: STATE OF NORTH CAROLINA, County. I, , Sheriff of county, do hereby certify that at the election held in the said county to elect a Governor (or othej officers, as the case may be), for four years, from the first day of next, at the places appointed by law for holding elec- tions for said county , on the day of , A. D. , one thousand eight hundred and , votes were given for , and votes were given for Given under my hand, this day of , 18 , Sheriff. 19 If said statements are transmitted by mail, they shall be^directed, in sealed packets, to the Speaker of the House of Kepresentatives, in care of the Secretary of State ; and if by messenger, they shall be sent directly to the Speaker of the House of Representatives, sealed as aforesaid: Provided, that no messenger bringing said statements or any other abstracts or election returns shall receive com- pensation therefor. Kny Sheriff or other returning officer failing or neglecting to perform the duties required in this section shall forfeit and pay two thousand dollars, to be recovered in the Superior Court of his county by any per- son who shall sue for the same, and shall be guilty of a misdemeanor, and imprisoned at hard labor in the peni- tentiary for twelve months : Provided further, that the Sheriffs of the counties of Carteret, Hyde and Dare shall have until the eleventh day after the election to comply with this section. Sec. 2704. The Secretary of State shall cause proper secretary of state ^ ^ to prepare atid forms of returns to be prepared and printed, and send transmit forms of copies thereof, with plain directions as to the manner of Jg^^!^- 1' f^l' I; ^^' indorsing, directing and transmitting the same to the seat 3^' ^^■ of government, to all the returning officers of the State, at least thirty days before the time of holding any election. He shall also furnish to the Register of Deeds of each county all such printed blanks as may be necessary for making the county returns. Sec. 2705. The Speaker of the House of Representatives, Returns for state . , „ . n y t officers, how and m the presence oi a maiority or the members oi both by whom opened ^ J J and published ; Houses of the General Assembly, shall open and publish incaseofdefec- '^ -•■ '■ tive returns, who the returns for Governor, Lieutenant Governor, Secretary to be declared of State, Auditor, Treasurer, Superintendent of Public Instruction and Attorney General, at twelve o'clock, noon, 3.^3^' on the first Tuesday after the organization- of both Houses Ssve-'y', c. 5.^' ^'^^' of the General Assembly. And if, for any cause, there be no return from any county of the State, or if any return be defective, a proper return shall be had in such manner elected ; tie votes ; contested elec- tions. Const., Article III, 20 as the two Houses in joint session may direct; and in either case the publication of the result may be postponed to such time as the joint session of the two Houses may deem best. The person having the highest number of votes for each office, respectively, shall be duly declared elected thereto ; but if two or more be eqaai and highest in votes for the same office, then one of them shall be chosen by joint ballot of both Houses of the General Assembly. Contested elections shall be determined by a joint vote of both Houses of the General Assembly, in the same manner and under the same rules and regulations as prescribed in cases of contested elections of members of , the General Assembly. An abstract of Sec. 2706. An abstract of the returns of votes for State •mJdeb/the° ^ officcrs shall be made by the clerks of the two Houses of clerks and signed ,^ ,. ,, by the presiding the General Assembly, showing the number of ballots cast officers of the •^ ' ° ^^^^I.^\^^^^^^^^' for each candidate, the names of all persons voted for, the and filed with ' ^ ' ?88Ti^723°^ ^^^^^' offices for which they received such votes, and the number ja^nSa"i5%h. of votcs cast for cach person, and the persons ascertained by the canvass to be elected to the several offices ; and said abstract shall be signed by the presiding officers of the two Houses and delivered to the Secretary of State, who shall record it in^the election book kept in his office, and then file it. Said abstract shall also be printed in the journals of the two Houses and in the legislative docu- ments. Penalty on officers Sec. 2707. Any registrar or judge of election, or any ance of futy under couuty cauvasscr or Commissioner, Register of Deeds, this chapter. R. c, c. 34, s. 113. Clerk or Sheriff failing or neglectins: to make the returns 1842, c. 29, ch. 33, to & fc> j87i-'2 c 185 s 2 ^^^^ perform the duties required of him shall be fined not i87^'7, c. 275, S.38. iggg ti^jg^n five hundred nor more than one thousand dol- lars, or imprisoned not more than six nor less than two months, at the discretion of the Court ; and every such officer for every such oflPence shall forfeit and pay the sum of five hundred dollars, to be recovered in the name and to the use of the State, on motion of the Attorney General 21 in the Superior Court of Wake County, ten days' previous notice in writing of such intended liiotion having been given to such officer by the Secretary of State. The pro- ceedings thereon shall be summary, and if any matter of fact shall be in issue, the same shall be tried at the first term ; and on such trial, or for an}^ other purpose in the prosecution of such motion to judgment, the certificate of the Secretary of State or of the Governor, as the case may be, of the particular default on which the motion is ' founded, shall be received as competent prima facie evi- dence to prove the same. Sec. 2708. If any Sheriff, or returninej officer whatever, wiifui or maH- •^ ' ° ' cious neglect of shall wilfully, or of malice, neglect to perform any duty, twdutfeJ'^'^^'^^"^ act, matter or thing required or directed, in the time, fs^?,' 0.^30,^5.^^* manner and form in which such duty, act, matter or thing is required to be performed in relation to the election and returns thereof, of the Governor, of Representatives in Congress, of Justices of the Supreme Court, of Judges of the Superior Court, of Solicitors, or of the Electors of President and Vice-President of the United States, the person so offending shall be guilty of a felony, and fined not less than one thousand nor more than five thousand dollars, and be imprisoned not less than one nor more ^ than three years ; and shall be disabled from holding any office of profit or trust under the authority of the State. Sec. 2709. Any person who shall, with intent to commit Penalty for a fraud, register or vote at more than one box or more tStion or voting. *^ i87i-'2, c. 185, s. 30. than one time, or who shall induce another to do so, or any i876-'7, c 275, s.39. person who shall illegally vote at any election shall be guilty of an infamous crime, imprisoned not less than six nor more than twelve months, or fined not less than one hundred nor more than five hundred dollars, at the dis- cretion of the Court ; and any registrar of voters, or any clerk or copyist who shall make any entry or copy with intent to commit a fraud, shall be liable to the same penalty. 22 ?uptily taking'"' ^^^' 2'^^^' ^"J person who shall corruptly take the oath scribJdfo? wters. prescribed for voters shall be guilty of perjury, and be J876^'7', c! 275; s! 40! fined not less than five hundred dollars nor more than one thousand dollars, and be imprisoned at hard labor in the penitentiar}^ not less than two nor more than five years. Secretary of state Sec. 2711. The Secretary of State shall, at least sixty to furnish copies ^ t/- it- r -iiT-k i^r^i of the election law days beiorc each election, lurnish the Board or County to the commis- "^ sionersof each Commissioners of each countv with a sufficient number of county. Itl&^'j c. 275' I' 41! copies of til is chapter, as it will always read with the latest amendments incorporated with it, to supply each county canvasser, Commissioner, Register of Deeds, Sheriff, regis- trar of voters and judge of election with one copy thereof. Armed men not Sec. 2712. No regimental, battalion or company muster to muster on day -ittt ^^ -t t i t« of election. shall bc Called or directed on election day, nor shall armed R. C, c. 52, s. 21. '^ 1795, c. 431- i876-'7, c. 275, s. 44. men assemble on the day of election at any place appointed by law to hold elections for Electors of President and Vice- President *of the United States, Governor, members of Congress or members of the General Assembly, under the penalty of one thousand dollars, to be recovered of any person who shall call such muster or assemble such armed men, one-half to go to the use of the informer, and the other half to the use of the State. Breaking up or Qec. 2713. Any Dcrsou who, by force and violence, shall staying elections. -^ ^ ' ./ ' ^- <^'^^- 34, s. 37. break up or stay any election, by assaulting the officers thereof, or depriving them of the ballot-boxes, or by any other means, his aiders and abettors, shall be guilt}^ of a misdemeanor, and imprisoned three months and pay such fine as the Court shall adjudge, not exceeding one hun- dred dollars. Treating at eiec- Sec. 2714. Any persou who shall treat with either nieat R. c, c. 52, s. 23. or drink, on any day of election, or any day previous i876-'7, c. 275, s. 46. thereto, with an intent to influence the election, shall for- feit and pay two hundred dollars, the one-half for the use of the county, and the other to the use of the person who shall sue for the same. 23 Sec. 2715. Any person who shall discharge from em- J5f^^^^^^^°°°* ployment, withdraw patronage from or otherwise injure, ^^^^ c.62, s.4. threaten, oppress or attempt to intimidate any qualified voter of this State, because of the vote such voter may or may not have cast in any election, shall be guilty of a ^ misdemeanor. Sec. 2716. Any person who shall, at any time before or Bribery at eiec- after an election, either directly or indirectly, give, or R- c-, c. 52, s. 22. ' '^ J 7 O ? lyyy^ C. 116, S. II. promise to give, any money, property, or reward to any Jgve-'?' c! 275' 3*45 elector or to any county or district, in order to be elected, or to procure any other person to be elected a member of the General Assembly or to any office under the laws of this State shall forfeit and pay four hundred dollars to any person who will sue for the same, and shall be guilty of a misdemeanor; and any person who shall receive or agree to receive any such bribe shall also be guilty of a misdemeanor. Sec. 2717. Any person who shall bet or wager any Betting on eieo- money or other thing of value upon any election held in isss-'g, c 49. this State shall be guilty of a misdemeanor. Sec. 2718. (For Senators and their mode of election, Ji^Xnl!"''^^ see act of Congress of the twenty-fifth of July, one thou- sand eight hundred and sixty-six, fourteenth Statutes at Large, chapter two hundred and forty-five, page two hundred and forty- three.) Sec. 2719. For the purpose of selecting Representatives Representation in 1/-N pixT'im -in /'-vTi Congress; districts. in the Congress 01 the United biates, the otate of North Carolina shall be divided into nine districts, as follows: Fifd Dis^nd — Beaufort, Camden, Carteret, Chowan, ^^^t^^^^^^^f^^^^^^ Currituck, Dare, Gates, Hertford, Hyde, Martin, Pamlico, ^i^i^t^^ts. Pasquotank, Perquimans, Pitt, Tyrrell and Washington. Second District. — Bertie, Edgecombe, Green, Halifax, Lenoir, Northampton, Warren, Wilson and Wayne. Third District. — Bladen, Cumberland, Duplin, Craven, Harnett, Jones, Muore, Onsluw and Sampson. Fourth D/s/Tid.— Chatham, Franklin, Johnston, Nash, Randolph, Wa]^e and Vance. 24 Fifth District. — Alamance, Caswell, Granville, Guilf.rd, Person, Rockingham, Stokes, Durham and Orange. Sixth District. — Anson, Brunswick, Columbus, Meck- lenburg, New Hanover, Pender, Richmond, Robeson and Union.- Seventh District. — Cabarrus, Davidson, Davie, Iredell, Montgomery, Rowan, Stanly, Yadkin, Lincoln and Ca- tawba. Eighth District. — Alleghany, Ashe, Alexander, Burke, Caldwell, Cleveland, Gaston, Mitchell, Watauga, Wilkes, Forsyth and Surry. Ninth District. — Buncombe, Cherokee, Clay, Graham, Haywood, -Henderson, Jackson, McDowell, Macon, Madi- son^ Polk, Rutherford, Swain, Transylvania and Yancey. Congressmen from Sec. 2720. Whenever, by a new apportionment of Rep- the State at large ; . ^ J i: r f when there shall rescutatives amoug the several States, the number of be^uchandhow " ' elected. Representatives in the Congress of the United States from North Carolina shall be either increased or decreased, and neither the Congress nor the General Assembly shall provide for the election of the same, then if the said Rep- resentatives shall be increased, the increased number shall be elected by the qualified voters of the whole State, and shall be voted for on one ballot ; and the Representatives from the several Congressional districts shall be elected by the voters of the said districts respectively, and shall be each voted for on another ballot. But if the number of said Representatives shall be decreased as aforesaid, in that event all the Representatives in Congress shall be elected by the qualified voters of the whole State, and shall be voted for on one ballot. Timeandmanner Sec 2721. The clectiou for members of Congress shall of conducting i , i ^ , . i i -i i /• Congressional bc held at the Same time and places as prescribed tor elections. ^ '• ?8i^*c*^ioo' ^* ^* holding elections for members of the General Assembly, ^83°; c! \i. on the Tuesday next after the first Monday in November, i876-'7, c. 275, s. 49. jg^ ^]^q yg^j, ^f Q^y. Lqj.(^ qj^q thousand eight hundred and eighty-four, and on said day every two years thereafter, 25 or on such days as Congress shall have prescribed, and shall be conducted by the SheriflPs, or by other persons appointed therefor, in like manner as elections for mem- bers of the Greneral Assembly. Sec. 2722. If, at any time after the expiration of any vacancies in rep- -^ i ^ resentation, how Congress, and before another election, or if at any time filled. ° ' -^ R. C, c. 53, s. 5. after an election, there shall be a vacancv in the represen- ^777, c. 116, s. 2. ' " -t 1876-7, c. 275, s. 50. tation in Congress, the Governor shall issue a writ of elec- tion, and by proclamation shall require the voters to meet in the different townships in their respective counties, at such time as may be appointed therein, and at the places established by law, then and there to vote for a Repre- sentative in Congress to fill the vacancy; and the election shall be conducted in like manner as regular elections. Sec. 2723. Every person duly elected a Representative Representatives in '^ ^ -^ ^ Congress commis- to Congress, upon obtaining a certificate of his election g^^^^^^^^^ ^^^ from ihe Secretory of State shall procure from the Gov- 5876^'7; c! 275; t ^! ernor a commission certifying his appointment as a Rep- resentative of the State, which the Governor'shall issue on such certificate being produced. Sec. 2724. The registrar shall receive one cent for each compensation of '^ ^ registrars, return- name copied from the original registration book and JSI SSmbersof three cents for each new name registered. Every Sheriff ^^J^J^Jg^g^^^^^^® or other returning officer shall be allowed two dollars and S876l'7', c." 275,' s^s.^^' fifty cents per day for the time actually employed, and ?87|,\ 152, s.s. ten cents per mile for distance traveled, for making the ResoiStionof returns for Senators, and sixty cents for each notice served upon the county officers- elect, and sixty cents for giving certificates to Representatives to the General Assembly and to the Senators whose district is a single county, all to be paid by the County Treasurer, upon the affidavit of the returning officer. Clerks and Registers of Deeds shall also be allowed the usual record and registration fees for recording and making duplicates of the election returns, to be paid by the county. The Senatorial members of the board of State canvassers, while engaged in the dis- 26 charge of their duties shall receive the same per diem and mileage as members of the General Assembly. The said board may employ two clerks at a compensation of four dollars per day each during the sessions of the board. ' BOARD OF STATE CANVASSERS. Board of state Sec. 2725. The Govemor, Secretary of State, Attorney canvassers, who /^ i i i /• i n o( i shall constitute. General and two members of the State Senate, one of each i876-'7, c. 275, s. 53. . . political party, to be selected by the Governor, shall con- stitute the board of State canvassers, but no member thereof shall take part in canvassing the votes for any office for which he himself is a candidate. But in every such case the other members of the board shall select some person to act in the place of such candidate. felled'fn'timT ^^^' 2726. If the abstracts or returns from any county fhanol7ain o^r§^ shall not bc received at the office of the Secretary of State ?8f6^'7!c'^%5, s. 54. by the third Monday after the day of election the said Secretary is authorized to obtain from the Register of Deeds or Clerk of the Superior Court of such county, at the expense of such county, the original abstracts or returns, or if the}^ have been forwarded, copies of them. opIneTwhen® Sec. 2727. The board of State canvassers shall open the i?7i^7^^^27?ss. abstracts transmitted to the Secretary of State on the ^^'^^' Thursday following the third Monday after the day of election and examine the returns, if they shall have been received from all the counties, and if not all received, they may adjourn, not exceeding twenty days, for the purpose of obtaining the returns from all tile counties, and when these are received, shall proceed with the canvass; .such canvass shall be conducted publicly, in the hall of the House of Representatives. They shall make an abstract, stating the number of legal ballots cast for each candidate, the names of all the persons voted for, for what office they respectively received the votes, and the number of votes each received, and stating whom they ascertain and judic- 27 ially determine by the count to be elected to the office, which abstract shall be signed by the board of canvassers in their official capacity as State canvassers, and have the seal of the State affixed thereto : Provided, that in all cases of special elections ordered by the Governor to fill vacan- cies in the representation of the State in Congress, the board of State canvassers may meet as soon as the Secre- tary of State may notify the members of the board that the returns from all the counties entitled to vote in said special election have been received by him ; and it shall be the duty of the Secretary of State to fix the day of meet- ing, which day shall not be later than ten days after such elections ; and it shall be the duty of all returning officers to make their returns promptly, so that the same may be received within the ten days. Sec. 2728. The Secretary of State shall record the Records of the re- ■^ turns to be kept abstract or abstracts in a book to be kept by him for Jy^J^^^^ Secretary recording the results of elections, and to be called the ^^^^'^^ ^- ^^5. s. 57^ " Election Book," and shall also file the abstract or ab- stracts. Sec. 2729. A certificate shall be prepared for each per- certificate of eiec- '- *■ ^ tion, when, how son elected and signed by the Secretary of State, and shall f°rni^ro years, or both, in the discretion of the Court. Persons having Sec. 2733. If any person be challenered as being con- been convicted ./ r o o ?rim°emlTbe"^ vlctcd of any Crime which excludes him from the right of JeqSreltolS^ sufi'ragc hc shall be required to answer any questions in plrsonsToT"^^^^*^ relation to such alleged conviction ; but his answer to such allowed to vote .. in ii i ' r t • • •••! unless restored to questious shall uot be usod agaiust him in any criminal zenshfp. " ^ prosecutiou ; but if any person so convicted shall vote at any election without having been restored to the rights of citizenship, he shall be guilty of an infamous crime, and punished by a fine not exceeding one thousand dol- lars, or imprisoned at hard labor not exceeding two years, or both, of j^dgef of e?ec-^' Sec. 2734. Tho judgos of election shall in no case receive thTe'xammatlon the votc of any poFsou uulcss they shall be satisfied that ?876S7%;275, s. 63. such pcrsou is in all respects qualified and entitled to vote; and for the purpose of satisfying themselves as to the right of any person who shall claim a right to vote, they shall 29 have power to examine such person, and any other person or persons, under oath or affirmation, touching such right. And if any judge of election shall receive or assent to receive the vote of any person challenged without requir- ing such person to take the oath or affirmation herein- before prescribed ; and if such person shall not be qualified and entitled to vote, such judge of election so receiving, or assenting to receive such vote sf^all be deemed to have received the same knowing it to be illegal. Sec. 2735. The iudges and inspectors of election in each Powers of the \, ' judges of election, ward or precinct, the board of county canvassers of each and the various ^ ' "^ boards of canvass- county and the board of State canvassers shall respectively S--? c 275 s 64. possess full power and authority to maintain order, and to enforce obedience to their lawful, commands during their sessions respectively, and sh'all be constituted inferior courts for that purpose; and if any person shall refuse to obey the lawful command of any such judge or inspector of election or board of county canvassers or board of State canvassers or by disorderly conduct in their hearing or presence shall interrupt or disturb their proceedings they may, by an order in writing, signed by their chairman and attested by their clerk, commit the person so offend- ing to the common jail of the county for a period of not ' exceeding thirty days, and such order shall be executed by any Sherifl[ or Constable to whom the same shall be delivered, or if a Sheriff or Constable shall not be present or shall refuse to act, by any other person who shall be deputed by such township or precinct board of election or board of county canvassers or board of State canvass- ers, in writing, and the keeper of such jail shall receive the person so committed, and safely keep him for such time as shall be mentioned in the commitment. Sec. 2736. Whenever any vacancies shall exist by reason official vacancies, * T i« . . , . . f. 1 r n • how filled. of death, resignation or otherwise in any of the following i876-'7, c 275, s. 65. offices, to-wit. Secretary of State, Auditor, Treasurer, Sup- erintendent of Public Instruction, Attorney General, Solic- • 30 itor, Justices of the Supreme Court, and Judges of the Superior Court, the same shall be filled by elections, to be held in the manner and places and under the same regu- lations and rules as prescribed for general elections at the next regular election for members of the General Assem- bly which shall occur more than thirt}^ days after such vacancy, except as otherwise provided for in the Consti- tution. How vacancies in Sec. 2737. When a vacaucy occurs in the General As- the General As- . "^ sembiy to be filled, sembly by death, resignation or otherwise it shall be the 1868, c. 23, S, I. J J > o i876-'7, c. 275, s. 42. duty of the Sheriff of the county in which the late member resided, provided the General Assembly shall not be in session, to notify the Governor of such vacancy, and in case the General Assembly shall be in session when such vacancy occurs, it shall be the duty of the presiding oflicer of the House m whicli the vacancy occurs to notify the Governor of the same, who shall thereupon issue a writ of election to the Sheriff or Sheriffs of the district or county represented by the late member, said election to be held at such time as the Governor may designate, and in such manner as may be prescribed by law. Elections ordered Sec. 2738. Evcry elcctiou held in pursuance of a writ Dy the Governor "^ •*■ shall be con- from the Governor shall be conducted in like manner as ducted as other ^ R.^c.^°c.%, s. 17. ^^ regular biennial elections, so far as the particular case i876l'7,c^%5,^s.43. cau bc govemcd by -the general rules, and shall, to all intents and purposes, be as legal and valid, and subject the officers holding and persons elected to the same pen- alties and liabilities as if the same had been held at the time and according to the rules and regulations prescribed for the regular biennial elections. Qualifications of ggc. 2739. All Qualified electors who shall have resided voters m munici- ■*■ iSi^Ti'^^ii s 66 ^^^ ninety days immediately preceding an election within the limits of any ward of a city or town, and not other- wise, shall have the right to vote in such ward for mayor and other city or town officers. • 31 ♦ Sec. 2740. Any person who shall give away or sell any intoxicating ,. ^ ^. , -, liquors not to be intoxicating liquors, except for medical purposes and upon given away or the prescription of a practicing physician at any place J^g^^^^^s within five miles of the polling place, at any time within twelve hours next preceding or succeeding any public election, whether general, local or municipal, or during the holding thereof, shall be guilty of a misdemeanor, and fined not less than one hundred nor more than one thousand dollars. Sec. 2741. Unless otherwise provided bv law, all ^en- 9^ ^^^t day eiec- , ^ ./ 7 to tions shall be eral elections shall be held on the Tuesday next after the ?o^Jf,^ ^ ,^, « ^, first Monday in November of the year in which there shall be an election. ELECTORS OF PRESIDENT AND VICE-PRESI- DENT OF THE UNITED STATES. Sec. 2742. On the Tuesday next after the first Monday ^^jf^^^^^^^^°^ ^® in the month of November, in the year of our Lord one 1876-'?, c. 275, s.67. thousand eight hundred and eighty-four, and every four years thereafter, or on such days as the Congress of the United States shall have directed, a poll shall be opened in each of the precincts of the State for the election of Electors of President and Vice-President of the United States, the number of whom is to be equal to the number of Senators and Representatives in Congress to which this State may be entitled, and the persons so chosen shall be Electors for the State, as aforesaid. Sec. 2743. The names of the Electors to be chosen shall Names of electors to be on each bal- be written or printed on each ballot, and each ballot shall ^nc^tt^ed^ ^^^"^^^^ contain the name of at least one inhabitant of each Con- Jgys^.^^t^'^s^s. 68. gressional district into which the State may be divided, and against the name of each person shall be designated the number of the Congressional district to which he belongs. • 32 a?caseof s?air ^EC. 2744. The electioH shall be conducted and the ?&68f?45, s. 3. r returns made, as nearly as may be, as directed in relation 1876-7,0.275, S.69. ^^ ^^^ election of State ofl&cers, except as herein otherwise expressed. Meeting of county Sec. 2745. The countv canvasscrs shall meet in the canvassers, tneir ^ "^ J"n?certmcSte of court-house of their respective counties, as hereinbefore tlry oTstatef'"''^' provldcd^ and shall ascertain and determine, by faithful i876-'7, c. 275, s. 70. a(j(jition, the number of legal votes for every person who shall have been voted for as an elector v/ithin the county, and shall certify the same under their hands in the man- ner and form following, to-wit: *' We, the county canvassers for county, do hereby cer- tify that an election was held on the day and at the places fixed by law within said county for Electors of President and Vice-President of the United States, and that the number of votes hereinafter speci- fied, opposite the names of the several persons following, was given for such persons as Electors for the State of North Carolina of Presi- dent and Vice-President of the United States, namely, D. G. F. (here state the number of votes for D. G. F.). For J. M. L (here state the number of votes for J. M. L. , and so until the list of persons voted for and the number of votes shall be completed). Given under our hands, this day of A. D " And three fair copies of such certificate and return shall be made by the board of county canva^ers, under their bands, and one of the same shall be immediately deliv- ered to the Sheriff of the county, whose duty it shall be to attend at the meetings of said cp,nvassers, and who shall forthwith make proclamation and read the same through at the court-house door; and the said Sheriff shall imme- diately thereafter seal up said copy in an envelope and transmit the same by mail in a registered letter or other- wise to the Secretary of State, at the Capitol at Raleigh, so that he shall receive the same within twelve days after the day of said election; and one of said copies, together with the original precinct returns, shall be delivered to the Clerk of the Superior Court, who shall record the said 33 copy in the " Election Book," and file the originals of said copy in his office. And one copy shall be delivered to the Register of Deeds, to be registered in his ofiBce. The Clerk of the Superior "Court, shall, immediately after the same shall have been delivered to him, send a copy oj the cer- tificate of the board of county canvassers, sealed with the seal of his ofiice, to the Secretary of State, at Raleigh, so that he may receive the same within twelve days after said election. And in case of failing to make such returns within the time herein prescribed, such SherifiF, Clerk or ' other officer, whose duty it shall be so to do, shall forfeit and pay to the State the sum of five hundred dollars, to be recovered by the Attorney General, in the Superior Court for the county of Wake. Sec. 2746. The Secretary of State, within three days secretary of state after the expiration of the time hereinbefore provided for to board of state .11T 1- f • 1 ,• r> ^ in canvassers ; duty the delivery to him oi said certificates and returns, shall of the board; organization of deliver the same to the board of State canvassers, whose the electors. ' i876-'7, c. 275, s. 71. duty it shall be to then attend, in the presence of such other persons as may choose to be present, in the hall of the House of Representatives, in the Capitol, open the certificates and returns and proceed to canvass the same and ascertain and determine the result: Provided, that if the return from any county shall not, by that time, have been received by the Secretary of State from the Sherifi" or Clerk of the Superior Court, then the board of State canvassers shall order and compel a duplicate return from the Clerk of the Superior Court or Register of Deeds or both, in such manner as they may think best, and for the purpose may adjourn from day to day, not to exceed ten days. The board of State canvassers in canvassing said returns shall merely add up the returns as certified by the county canvassers, but it shall be their duty to disre- gard any such apparent clerical error, or any such tech- nical informality as may not render it reasonably uncer- tain who was the person intended to be designated as voted 3 34 for, and what was the number of votes actually received * by any candidate. At the conclusion of the canvass, the board shall make an abstract of all the votes cast, and shall deliver the same to the Secretary of State, together with the^original returns from the several counties, to be filed in his office. The Secretary of State shall copy said abstracts in the " Election Book," directed in this chapter to be kept in his office, and shall, under his hand and the seal of his oflSce, certify to the Governor the names of as many persons receiving the highest number of votes for Electors of President and Vice-President as the State may be entitled to in the Electoral College. The Governor shall thereupon immediately issue his proclamation and cause the same to be published in such daily newspapers as may be published in the city of Raleigh, wherein he shall set forth the names of- the persons duly elected as Electors, and warn each of them to attend at tiie Capitol in the city of Raleigh, at noon, on the Tuesday preceding the first Wednesday of December next after his election, at which time said electors shall meet, and in case of the absence or ineligibility of any Elector chosen, or if the proper number of Electors shall for any cause be deficient, those present shall forthwith elect from the citizens of the State so many persons as will supply the deficiency, and the persons so chosen shall be Electors to vote for Presi- dent and Vice-President of the United States. And the Governor shall, on or before the first Wednesday in De- cember make out three lists of the names of the said eleven persons so elected and appointed Electors, and cause the same to be delivered to them, as directed by the act of Congrei-s. College of Kiec- Sec. 2747. The persons elected and appointed as Elect- tors to proceed m ^ ^ -^ conformity to the Qj.g ^f President and Vice-President of the United States Constitution and stltes.^ ^^^ ^"'^^^ shall assemble on the said first Wednesday in December, i876-'7; c. 275, S.72. ^^ ^^iQ Capitol, in the city of Raleigh, and then and there give their votes on behalf of the State of North Carolina 35 ' • . for President and Vice-President of the United States, and proceed in relation thereto in all things conformably to ' the Constitution of the United States and the act of Con- gress in that behalf. Sec. 2748. Whenever the offices of President and Vice- vacancies in om- President of the United States shall both become vacant and vice-presi- • dent ; Governor to the Governor upon receiving a notification of such vacancy eS;ion"fo?Biec- from the Secretary of State of the United States shalP°"',„ ^ ,,, , ,, 1070- 7, c. 275, s. 73. forthwith issue his proclamation directing the Sheriffs of the several counties, or other proper officers, to hold elec- tions within their respective counties for the appointment of Electors of President and Vice-President of the United States on the days of the year in which such vacancy may happen, as is herein prescribed for holding the regular and stated elections : Provided, that there shall be a space of two months between the date of such notification and the said first Wednesday of December; but if there should not be such space, the Governor shall specify in his proc- lamation that the Electors shall be elected in the year next ensuing the date of such notification on the day aforesaid; and the Electors appointed in the manner by this section directed shall meet at the Capitol, in the city of Raleigh, and proceed as hereinbefore provided for Electors of Pres- ident and Vice-President chosen at a regular election for the same. Sec. 2749. Each Elector chosen, with his own consent Electors failing • n 1 r- '^• 11 r T~> ^° attend ; officers previously signified, failing to attend and vote for a rres- making false ^ . »/ o 7 D returns ; refusal by ident and Vice-President of the United States at the time register of deeds or clerk of the and place herein directed (except in case of sickness or furnish cStmed^ other unavoidable accident), shall forfeit and pay to the tS?nf; p^e^naitTes. State five hundred dollars, to be recovered by the Attorney '^^^"'^' ""■ '^^' ^' '^^' General in the Superior Court of Wake County. And any person making or certifying or delivering or transmit- * ting a false return of an election held hereunder, or making any erasure or alteration in the poll-books shall be guilty of an infamous crime, and imprisoned not less than one 36 year, and shall, in addition, forfeit and pay five hundred dollars, one-half to the use of the person who will sue for the same, and the other half to the use of the State. Any ofiicer who shall refuse to permit any candidate or person qualified to vote, at his own expense, to have a copy of the poll-books, shall forfeit and pay two hundred dollars, . one-half to the person who shall sue for the same, and the other half to the use of the State. Any Register of Deeds or clerk of the Superior Court who shall refuse to make and give to any person a duly certified copy of the returns of an election or of a tabulated statement of an election hereinbefore directed to be deposited in his office upon the tender of the fees therefor shall be guilty of a misdemeanor and upon conviction ousted of his office and imprisonea for one year. Compensation Sec. 2750. The Electors shall be allowed for their trav- and privileges of !•. /»-r»i'i ^ ^ • Electors. eliug expcuses to and from the city oi Kaleigh and their attendance the same compensation as may be allowed members of the General Assembly, and shall be entitled to the same privileges. f l876-'7, c. 275, s. 75.