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Other regulations.
Ibid. § 16.
See G. S. 1, § 12.
See $S 25-29, post.

City and town clerks to make

secretary, &c.
G. S. 7, § 17.
See G. S. 9, § 12.
18 Gray, 83.

quire new returns. appears therein they shall forth with notify said ward officers

thereof, who shall forthwith make a new and additional return, under oath, in conformity to truth, which additional return, whether made upon notice or by such officers without notice, shall be received by the mayor and aldermen or city clerk at any time before the expiration of the day preceding that on which by law they are required to make their returns or to declare the results of the election in said city ; and all original and additional returns so made shall be examined by the mayor and aldermen and made part of their returns of the results of such election. In counting the votes in an election no returns shall be rejected when the votes given for each candidate can be ascertained.

26. City and town clerks shall, within ten days from the day returns of votes to of an election for governor, lieutenant-governor, councillors,

senators, secretary, treasurer and receiver-general, auditor, attorney-general, representatives in congress, commissioners of insolvency, sheriffs, registers of probate and insolvency, districtattorneys, or clerks of the courts, transmit copies of the records of the votes, attested by them, certified by the mayor and aldermen or selectmen, and sealed up, to the secretary of tiie commonwealth ; they shall in like manner within ten days after an election for county treasurer or register of deeds, transmit such copies of the records of the votes to the county commissioners of their several counties; and within seven days after an election for county commissioners, transmit such copies of the records of the votes to the clerks of the courts for their several counties ; but in Suffolk the return of votes for register of deeds shall be made to the board of aldermen of Boston, and in Chelsea, North Chelsea, and Winthrop, the returns of votes for county commissioners shall be made to the clerk of the courts for the county of Middlesex. Or within three days after such elections, such clerks may deliver such copies, sealed up, to the sheriffs of their several counties, who within seven days after receiving them shall transmit them to the office of the secretary, and to the county commissioners, board of aldermen, and clerks of courts, as severally above designated.

27. When à return of votes from a city or town is received unsealed, secretary at the office of the secretary of the commonwealth, not sealed up,

as by law required, he shall forth with give notice thereof to the returning officers; who upon the receipt of such notice shall make a copy of their record of the votes at said election and transmit the same, certified by them under oath to be correct, to the secretary, sealed up as required by law in the case of original returns. If such copy is received by the secretary before the day on which by law the returns are to be opened and the votes

When return is

to give notice to re-
turning officers,
who shall transmit
a sealed copy
Ibid. § 19.

nish blanks, &c., to

Ibid. $ 20.

if not qualified. G. S. 7, § 28.

more than one

ballot.
G. S.7, S 29.

Ibid. & 30.
7 Met. 52.

fluence voters by

G. S. 7, § 31.

counted, and if 'upon opening said copy by the governor and G. S. 7, $ 19.
council, the legislature, or any person authorized so to do, the
original return is found in substantial conformity therewith, it
shall not be rejected because of informality.

28. The secretary shall annually furnish to the several clerks Secretary to furof the cities and towns blank forms and envelopes for all returns cities and towns. of votes required to be made to his office, with such printed directions on the envelopes as he deems necessary for the guidance and direction of such officers in making the returns according to law.

29. Whoever knowing that he is not a qualified yoter at an Penalty for voting election wilfully votes for any officers to be then chosen, shall forfeit a sum not exceeding one hundred dollars for each offence. 9 Met. 268.

30. If a voter knowingly gives more than one ballot at one Penalty for giving time of balloting at an election, he shall forfeit a sum not exceeding one hundred dollars.

31. Whoever wilfully gives a false answer to the selectmen Penalty for giving or moderator presiding at an election, shall forfeit for each false answers. offence a sum not exceeding one hundred dollars.

32. Whoever by bribery, or threatening to discharge from Penalty for athis employment, or to reduce the wages of, or by a promise to tempting to in, give employment or higher wages to, a person, attempts to bribes or threats. influence a qualified voter to give or withhold his vote in an election, shall be punished by fine not exceeding three hundred dollars, or by imprisonment in the county jail or house of correction for a term not exceeding one year, or both, at the discretion of court. 33. Whoever wilfully aids or abets any one, not legally quali- Penalty for aiding

unqualified perfied, in voting or attempting to vote at an election, shall forfeit a sum not exceeding fifty dollars for every such offence.

34. Whoever is disorderly in a meeting held for an election Penalty for dismentioned in this chapter, shall forfeit a sum not exceeding twenty dollars.

35. If a city or town officer wilfully neglects or refuses to per- Penalty on town form the duties required of him respecting elections by the pro- of duty. visions of this chapter, he shall for each offence forfeit a sum not G. S. 7, § 34. exceeding two hundred dollars.

36. The clerk of any city or town who fails to make return of Penalty on clerks. the votes given therein in conformity with the provisions of law, shall be liable to a fine of not less than five and not more than fifty dollars

37. Elections in cities shall be conducted according to the pro- Elections in cities.“ visions of the acts establishing them, and of the several acts in addition thereto, so far as they are not inconsistent with the provisions of the preceding sections.

sons to vote. Ibid. 32.

orderly conduct.
Ibid. § 33.
16 Mass. 385.

officers for neglect

See G. S. 6, § 12.

G. S. 7, § 3).

Ibid. § 36.

Ballots after being
counted to be
sealed up, &c.
1863, c. 144, $ 1.
See Ss 11, 12, ante.

Ballots when sealed up to be sent to city clerk. 1863, c. 144, § 2.

City clerk to fur-
nish seals, receive
and keep the bal-
lots.
Ibid. § 3.
Ballots may be re-
counted, and
errors corrected.
Ibid.

38. In all elections held within the cities of the commonwealth, whether the same shall be for United States, State, county, city, or ward officers, it shall be the duty of the warden, or other presiding officer, to cause all ballots which shall have been given in by the qualified voters of the ward in which such election has been held, and after the same shall have been sorted, counted, declared, and recorded, to be secured in an envelope, in open ward meeting, and sealed with a seal provided for the purpose; and the warden, clerk, and a majority of the inspectors of the ward, shall indorse upon the envelope for what offices, and in what ward, the ballots have been received, the date of the election, and their certificate that all the ballots given in by the voters of the ward, and none other, are contained in said envelope.

39. The warden, or other presiding officer, shall forthwith transmit the ballots sealed as aforesaid to the city clerk, by the constable in attendance at said election, or by one of the ward officers other than the clerk; and the clerk shall retain the custody of the seal, and deliver the same, together with the records of the ward and other documents, to his successor in office.

40. The city clerk shall cause to be furnished to the clerks of the several wards a seal of suitable device, the design of which shall include the number or designation of the ward for which it shall be furnished. He shall receive and retain in his care the ballots transmitted to him, for the space of not less than sixty days; if within the time prescribed by law for forwarding returns or declaring the results of an election, ten or more citizens of any ward shall notify the city clerk, by a written statement, that they have reason to believe that the returns of the ward officers are erroneous, and shall specify wherein they deem them in error, the said clerk shall receive such statement, and shall notify the board of aldermen, or the committee thereof appointed to examine the returns of said election, and the board of aldermen, or their committee, shall, within the time required by law for examining the returns or declaring the results of the election, examine the ballots thrown in said ward and determine the questions raised; they shall then re-seal the envelope, either with the seal of the city or a seal provided for the purpose, and shall indorse upon said envelope a certificate that the same has been opened and re-sealed by them in conformity to law; and the ballots sealed as aforesaid shall be returned to the city clerk, who, upon their certificate, shall alter and amend such returns as are found to be erroneous, and such amended return shall stand as the true return of the ward. And if within sixty days of an election, any person who received votes for any office at said election shall serve upon the city clerk, by himself, his agent, or attorney, a written notification

challenged vote to be indorsed.

claiming an election to such office, and declaring an intention to 1863, c. 144, $ contest the right of any person who has received or who may réceive a certificate of election for the same, the city clerk shall retain such ballots, sealed as aforesaid, subject to the order of the body to which such person shall claim to have been elected, or until such claim shall have been withdrawn or finally decided.

41. Whenever in any election the right of any person offering When vote 15 to vote is challenged for any cause recognized by existing laws, it shall be the duty of the warden or presiding officer, if the person Ibid. $ 4. challenging shall so demand, to require the person so offering to vote to write his name and residence upon the ballot so offered and challenged, and the warden, or presiding officer, shall add thereto the name of the person challenging the same, and the cause assigned therefor, before such ballot shall be received ; and if such ballot shall be offered sealed, the writing as aforesaid may be upon the envelope covering the same, and the warden or other presiding officer, in the presence of the clerk and at least one inspector, shall mark and designate such ballot by writing thereon the name of the person by whom it was cast, before it is counted, and at the close of the election the same shall be returned to the envelope in which it was deposited; providect, that nothing contained in this section shall be so construed as to permit ward officers to receive any vote which by existing laws they are required to refuse.

42. If any city clerk shall wilfully neglect or refuse to comply Penalty on clerk o with any of the requirements of this act, he shall be punished by a

neglect of duty. fine not exceeding two hundred dollars. And if any warden or other Ibid. § 5 presiding officer, constable, or ward officer as aforesaid, shall wilfully neglect or refuse to comply with the provisions of this act, he shall be punished by a fine of not less than twenty, nor more than two hundred dollars, or by imprisonment in the county jail for a term not exceeding one year.1

43. At each municipal election of the cities of this common- Certificates of elecwealth, it shall be the duty of the ward officers of the several to be sent to city wards to make out and sign certificates of the election of such clerk. ward officers as are chosen at such election, in the manner now provided by law, and said certificates for each ward shall be placed in one envelope, indorsed “ward officers chosen in ward number ” and transmitted to the city clerk, who shall retain said envelopes unopened for twenty days, subsequent to the day of said election, and he shall then open said envelopes and transmit said certificates to the persons who appear to be thus chosen.

other officer, for

1807, c. 240, § 1.

1 For other provisions relating to elections, see Charter, and Gen. Stats. cc. 8, 9, 10.

To be retained by
him for twenty
days.
1867, C. 240, § 2.

44. If, within said twenty days, a statement, in writing, is filed with the city clerk, signed by ten legal voters in any ward, stating that they believe that the warden, or clerk, or any inspector of elections of said ward, who has been declared elected, did not receive a plurality of the votes cast on the preceding election day, it shall be the duty of the city clerk to lay the same before the board of aldermen for the time being, who shall proceed to count the original ballots cast for such warden, clerk, or inspector, and shall declare the result, and shall issue a certificate to the person entitled thereto; provided, that this act shall not apply to ward officers chosen to fill vacancies on election day.

45. All provisions of existing laws inconsistent with the two preceding sections are repealed.

Repeal of former
acts.
Ibid. $ 3.

ELECTION DISTRICTS.

For Representatives to the General Court.

Provisions of the constitution relating to apportionment of representatives to the general court. Amend. const.

art. 21.

10 Gray, 613.

46. The twenty-first article of amendment to the constitution, ratified by the people May 1, 1857, provided, among other things, that the house of representatives shall consist of two hundred and forty members, to be apportioned by the legislature to the several counties of the commonwealth, equally, as nearly as may be, according to their relative number of legal voters, as ascertained by the special enumeration made in 1865 and every ten years thereafterwards; and that it shall be the duty of the secretary of the commonwealth to certify as soon as may be, after it is determined by the legislature, the number of representatives to which eac's county shall be entitled, to the board authorized to divide each county into representative districts. The mayor and aldermen of the city of Boston, the county commissioners of other counties than Suffolk, or in lieu of the mayor and aldermen of the city of Boston, or of the county commissioners in each county other than Suffolk, such board of special commissioners in each county, to be elected by the people of the county, or of the towns therein, as may for that purpose be provided by law,— shall, on the first Tuesday of August next after each assignment of representatives to each county, assemble at a shire town of their respective counties, and proceed, as soon as may be, to divide the same into representative districts of contiguous territory, so as to apportion the representation assigned to each county equally, as nearly as may be, according to the relative number of legal voters in the several districts of each county; and such districts shall be so formed that no town or ward of a city shall be divided therefor, nor shall any district be made, which shall be entitled to elect more than three representatives.

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