Pennsylvania Act 1866-939 — FRAUDS AT ELECTIONS IN THE CITY OF PHILADELPHIA - PREVENTION OF

Act text

FRAUDS AT ELECTIONS IN THE CITY OF PHILADELPHIA - PREVENTION OF
                 Act of Apr. 17, 1866, P.L. 969, No. 939              Cl. 25
                                  AN ACT

     To prevent frauds at elections, in the city of Philadelphia.

        Section 1.  Setting aside election of officers in
     Philadelphia
        Whenever thirty citizens of any ward, in the City of
     Philadelphia, shall present a petition to the court of common
     pleas of the said city, setting forth that in any election
     division of said ward the inspectors of elections, or the return
     inspectors, are of the same political party, and have been
     chosen, or elected, in violation of the spirit and intention of
     the several acts of Assembly, regulating elections, verified by
     the oaths, or affirmations, of any two of them, it shall be the
     duty of the said court to grant a rule on the officers returned,
     chosen or elected, for such division, to show cause, if any they
     have, why the selection of such election officers should not be
     set aside; and if, upon the investigation of the matters set
     forth in the said petition, they shall be found to be true, it
     shall be the duty of said court to set aside the selection of
     such officers, and to appoint a judge, two inspectors and two
     return inspectors, to serve in such election division, for the
     next election, and until others are duly elected, or chosen;
     said appointments may be made from any part of the ward in which
     such election division is located; and the officers, so
     appointed, shall have and exercise the same powers and duties,
     and be liable to the same penalties, as officers elected by the
     qualified voters now are.  1866, April 17, P.L. 969, Sec. 1.
        Section 2.  Payment of poll tax in Philadelphia; wrongful
     issuance of receipt
        From and after the passage of this act it shall not be lawful
     for any alderman of said city to receive the payment of personal
     taxes, unless specially deputed by the receiver of taxes of said
     city; and no receipt for the payment of taxes, heretofore given
     by any alderman, shall be taken as evidence of the payment of
     any such tax by the election officers of any election division
     of said city.  The said receiver of taxes shall have power, and
     he is hereby required, to appoint at least one person, in each
     of the wards of said city, to receive poll taxes from citizens
     assessed therefor; said appointment shall be made at least three
     weeks before any election; and the person, so appointed, shall
     have some public place wherein he shall be found for at least
     three hours, between 10 and 1 o-clock, in each secular day prior
     to the day of the election; and on the day of the election
     during the whole time the polls are open; of which time and
     place notice shall be given upon the street lists now required
     to be published and posted: Provided, That in the rural wards
     there shall be not less than three persons appointed, to each of
     whom shall be assigned the district for which he is to collect
     and receive such personal taxes; but no election division shall
     be divided in forming such district; said deputies shall be
     required to collect both city and State taxes from the citizen
     assessed, either on the regular or extra assessment, unless he
     shall make oath or affirmation that he is unable to pay both;
     and not then, unless he shall have paid at least one of said
     taxes within fourteen months next previously; provided, that if
     any person so appointed shall issue or give a receipt to, or
     for, any person whose name is not upon the assessment list,
     shall be guilty of a misdemeanor, and, on conviction thereof,
     shall be fined in a sum not exceeding $200, and imprisoned for a
     period not exceeding three months, both or either, in the
     discretion of the court.  1866, April 17, P.L. 969, Sec. 2.
        Section 3.  Receiving votes without proof, in Philadelphia
        Whenever, in the investigation of any contested election,
     whether before any committee of councils, any court of the city
     and county of Philadelphia, of committee of the Senate, or House
     of Representatives, or a joint committee thereof, it shall
     appear that in any election division of said city, the officers
     of election shall have wilfully received the votes of ten
     persons, or upwards, whose names are not contained in the list
     of taxable inhabitants, furnished to the election officers of
     such division, by the city commissioners, without requiring
     proof of the payment of taxes, citizenship and residence, which
     now are, or hereafter may be, required by law, such dereliction
     of duty shall be deemed a misdemeanor; upon conviction whereof
     the said officers of election shall be fined in a sum not
     exceeding one thousand dollars, and be imprisoned for a period
     not exceeding two years, both, or either, at the discretion of
     the court.  1866, April 17, P.L. 969, Sec. 3.