Commonwealth v. Weiserth

Citations

• 47 Pa. Super. 592
• 1911 Pa. Super. LEXIS 209

Syllabus

<p>Election law — Inspectors—Rejection of voter — Impersonation.</p> <p>1. The inspector of an election may be convicted under the Act of July 2, 1839, P. L. 519, on an indictment charging him with having “unlawfully, willfully, and knowingly” rejected the vote of a qualified citizen, where the proof shows that he knew that the citizen was qualified, but had rejected his vote because an impostor had previously voted under the citizen’s name; and it is immaterial that the inspector may have acted in good faith, after deliberation, and consultation with others, and in the exercise of what he deemed his best judgment.</p> <p>2. A citizen duly qualified to vote cannot be deprived of his right to vote, by the act of an impostor.</p>