An Act to Amend Section 436 of the Election Law, Being Chapter 18 of Act No. 2711

October 13, 1936

COMMONWEALTH ACT NO. 45

AN ACT TO AMEND SECTION FOUR HUNDRED AND THIRTY-SIX OF THE ELECTION LAW, BEING CHAPTER EIGHTEEN OF ACT NUMBERED TWENTY-SEVEN HUNDRED AND ELEVEN, KNOWN AS THE REVISED ADMINISTRATIVE CODE

SECTION 1. Section four hundred and thirty-six of the Election Law, chapter eighteen of Act Numbered Twenty-seven hundred and eleven known as the Revised Administrative Code is hereby amended to read as follows:

"SEC. 436. Application for inclusion of voters in list. — Any person who may be refused registration may apply within twenty days after the last day of registration and revision of the list of voters to the circuit justice of the peace, the justice of the peace of the provincial capital or to the competent judge of first instance, for an order directing the board of inspectors to include his name in the list of voters. Such application shall be made by filing with said circuit justice of the peace, justice of the peace of provincial capital or competent judge of first instance, a copy of the certificate and statement aforesaid, together with proof of service of notice of such application upon all the members of the board of inspectors, which notice shall state the time and place and tribunal in which such application has been made.

"On petition filed before the hearing of any application to include names in the list of voters, any candidate who may have an interest in the application shall have the right to intervene and to present all such evidence as he may intend to avail with.

"The competent judge or court shall order the introduction of evidence in support of the application, and if the inclusion is claimed under subsection (c) of section four hundred thirty-one, shall order the appearance of the applicant for examination, but under no circumstances shall any decision be rendered on the stipulation between the applicant and the respondent board of inspectors. Any person, whose name appears in the permanent list of voters for the last general or special election, but through inadvertence or neglect has not been included in the list for the following elections, shall, with previous notice to any member of the board of inspectors concerned, have the right to apply for the inclusion of his name in the list to the circuit justice of the peace, justice of the peace of the provincial capital or the Court of First Instance, at any time two days before the second Saturday previous to the election."

"These applications shall be heard without delay and decided not later than the midday of the second Saturday previous to the election, and the board of inspectors and the interested parties shall be notified of the decision not later than five o'clock in the afternoon of the said second Saturday previous to the election."

SECTION 2. This Act shall take effect upon its approval.

Approved, October 13, 1936.