Commonwealth v. Young

Citations

• 16 Pa. Super. 317
• 1901 Pa. Super. LEXIS 66

Syllabus

<p>Election law — Primary elections — Conviction under Act of June 29, 1881 P. L. 128.</p> <p>The general intention of the act of June 29, 1881, was to put the rights of the voters, in party or primary election, under the protection of the law in the same manner that the rights of voters at annual elections have always been under such protection. The qualification of voters and the time, places and modes of holding such primary elections are regulated not by the statutes of the commonwealth, but by the rules of the party which to this extent is made part of the law of the land.</p> <p>Evei-y election required by the rules of the party for the purpose of ascertaining the will of the electors upon the question of a nomination, is a primary election within the meaning of the act.</p> <p>Where the rules of a party require a preliminary election of a judge and two inspectors, and that this preliminary election shall be presided over and be conducted by the county committeeman, such preliminary election is a primary election within the meaning of the act of June 29, 1881, and if the committeeman makes a false count of the ballots cast for judge of the primary election and makes a false certificate as to the person elected, he may be indicted under the act. Such an offense is also indictable at common law.</p>