Contested Election of Cusick

Citations

• 136 Pa. 459
• 20 A. 574
• 1890 Pa. LEXIS 1044

Syllabus

<p>1. The constitution having fixed the qualifications of voters, it is not in the power of the legislature either to enlarge or abridge them; but legislation may be enacted which merely regulates the exercise of the elective franchise, and does not amount to a denial of the franchise itself.</p> <p>2. The constitution having provided no machinery for ascertaining whether a particular voter possesses the requisite qualifications, the legislature has power to prescribe the form and nature of the proof by which unregistered electors must establish the existence of a right to vote under the constitution.</p> <p>3. The requirements of § 10, act of January 30, 1874, P. L. 31, as to what the affidavits of unregistered electors shall contain, are not unreasonable nor in conflict with the constitution; and, as a reasonable certainty in the affidavits is all that the law requires, there is no practical difficulty in complying with them.</p> <p>4. The primary object of said act of 1874 is to prevent fraudulent voting, and it must be so construed as best to carry out that intent; the affidavit of the unregistered voter must therefore be sufficiently specific to show upon its face that he has the right claimed, and also to found thereon an indictment for perjury.</p> <p>5. In view of the object aimed at, and of the positive prohibitions and penal provisions contained in other sections of the act, the provisions of § 10 are not merely directory but are mandatory, and an unregistered elector, whose affidavit is not in compliance therewith, is not entitled to vote.</p> <p>6. A general affidavit averring, in the language of the constitution, the possession of the qualifications therein prescribed, but omitting to give the more specific matters as to residence, taxes, and citizenship, required by said section, is insufficient to authorize the reception of a vote from an unregistered person.</p> <p>7. When an affidavit was in fact properly made, but the election officer neglected to