10 



ALABAMA. 



of the election to supply by appointment the 

 vacancy in said board. When any person 

 offering to vote is challenged, if his ballot is 

 not withdrawn, he must be required to take 

 oath regarding his qualifications as a voter, 

 and that he has not voted before or elsewhere 

 on the same day, and perjury in such cases is 

 punishable by imprisonment for not less than 

 two years nor more than five, at the discretion 

 of the jury trying the case. Penalties are also 

 provided for the neglect of any of the officers 

 named to perform the duties assigned to them, 

 and for illegal or fraudulent voting. After the 

 closing of the polls the votes are to be counted 

 by the supervisors, and then sealed up in the 

 boxes and returned by the returning officer to 

 the Judge of Probate of the county. A state- 

 ment of the number of the votes is within five 

 to be forwarded to the Secretary of State, 

 exrept the votes for Governor, Lieutenant- 

 Governor, Secretary of State, Auditor, Treas- 

 urer, and Attorney-General, the statement of 

 which is to be sent to the presiding officer 

 of the Senate. "Within five days after the 

 meeting of the General Assembly the returns 

 are to be opened and the result proclaimed, 

 and certificates of election must be sent to 

 the persons having the highest number of votes 

 in each case. The election of any person de- 

 clared elected may be contested for one or 

 more of the following causes : 



u 1. For misconduct, fraud, or corruption, 

 on the part of any inspector, clerk, returning 

 officer, or board of supervisors. 



" 2. When the person whose election to such 

 office is contested was not eligible thereto at 

 the time of such election. 



"3. On account of illegal votes. 



"4. Offers to bribe or bribery, intimidation, 

 threats to discharge from employment, vio- 

 lence, abuse, or any other misconduct calcu- 

 lated to prevent a fair, free, and full exercise 

 of the elective franchise. 



"But no person shall contest the election 

 of any person to any office on account of race, 

 color, or previous condition of servitude." 



The person contesting an election must give 

 security for the costs of the contest, which he 

 must pay if he fails to establish his case, and 

 may recover from the party whose election is 

 contested if he is successful. Provisions are 

 made in detail for the trial in cases of con- 

 tested elections. If it be shown that any other 

 person than the one whose election is contest- 

 ed was legally elected, judgment must be given 

 to that effect. Provision is next made for 

 choosing presidential electors, and for the 

 proper performance of their duties. The last 

 sections of the act contain sundry general pro- 

 visions, among them the following: 



SK.<\ '.>. !' iifurtJi<r enacted. That if any person, 

 by bribery or 'offering to bribe, menace, threats, 

 discharges, or threatens to discharge from employ- 

 ment, or by any other corrupt means, attempts t<> in- 

 fluence any elector in giving hi* vote, or deter him 

 from uiviriL' the same, or disturb or hinder him in 

 the free exercise of the right of suffrage at any elcc- 



o fraudulently alters or cnanges tne vote 01 any 

 ctor, by which such elector is prevented from 

 ing as he intended, is guilty of a misdemeanor, 

 I, on conviction, must be fined in not less than 



tion within this State, he is guilty of a misdemeanor, 

 and, on conviction, must be fined not less than one 

 hundred nor more than one thousand dollars, and 

 sentenced to any workhouse or jail, of any county in 

 this State, for not less than thirty days nor more 

 than six months, at the discretion of the jury trying 

 the same. 



SEC. 93. Be it further enacted, That any person 

 who fraudulently alters or changes the vote of any 



T, -i 1*1 1 T 4 _ A. 1 ._ 



elector, b 

 voting as 

 and, on c 

 five hundred dollars. 



SEC. 95. Be it further enacted,, That it shall be the 

 duty of the sheriff of each county in this Stafe, on 

 each day of election, to be present in person or by 

 deputy, at all election precincts where elections are 

 held in his county, whose duty it shall be to main- 

 tain good order, and no person shall be allowed 

 within thirty feet of the ballot-box, except while 

 casting his vote, in order that every elector who de- 

 sires to vote shall do so without interference or in- 

 terruption ; and to maintain good order, and carrv 

 out the intent and purposes of this act, such sheriff 

 or his deputy may specially deputize a sufficient force 

 to act at all election precincts on the day of any elec- 

 tion, that he, in Ms judgment, may deem necessary 

 to maintain good order ; and, in case of necessity, 

 raise a posse comitatus to put down all riots, or at- 

 tempted riots, or disturbances. 



SEC. 97. Be it further enacted, That if any person 

 or persons disturb, on election-days, or prevent, or 

 attempt in any way to disturb or prevent any elector 

 from freely casting his ballot, such person or persons 

 shall be guilty of a misdemeanor, and, on conviction, 

 shall be fined not less than five hundred nor more 

 than one thousand dollars, and sentenced to any 

 workhouse or jail of any county of this State for not 

 less than six months nor more than one year, at the 

 discretion of the court trying the same. 



SEC. 99. Be it further enacted, That it shall be un- 

 lawful for any person or persons to sell or give away 

 any liquors of whatever Kind or description during 

 the day on which any election may be held in this 

 State ; and it shall be the duty of the sheriff, deputy- 

 sheriff, or any constable, to arrest all persons violat- 

 ing the provisions of this section, as prescribed in 

 the last preceding section of this act ; and any per- 

 son violating the provisions of this section is guilty 

 of a misdemeanor, and, on conviction, must be fined 

 and imprisoned, at the discretion of the court trying 

 the same. 



SEO. 100. Be it further enacted, That any person, 

 found drunk or intoxicated at or about any polling- 

 place during any election-day, shall be arrested by 

 the sheriff or his deputy, and dealt with as prescribed 

 in section 98 of this act, and may be indicted for a 

 misdemeanor and suffer the pains and penalties pre- 

 scribed in this act. 



Among the other acts passed at this session, 

 was one " to invite and procure immigration 

 to the State of Alabama," and one " to en- 

 courage investments of money within the- 

 State by life insurance companies of other or 

 foreign States." The latter gives to such 

 companies the same rights and privileges as 

 are held by companies incorporated in the 

 State, provided they file with the Auditor an 

 annual statement of their condition, showing 

 the amount of their premium receipts, and of 

 their investments in the State. By another 

 act, the Agricultural and Mechanical College, 

 for whose benefit certain lands were granted 

 by Congress in 1862, was finally established at 

 Auburn, "the East Alabama Male College" 

 having been purchased by the State for its use. 



