These three documents give directions pertaining to voting and the choice of Massachusetts electors in the early to mid-nineteenth century.
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[Document 1 (1828):]
COMMONWEALTH OF MASSACHUSETTS.
IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND TWENTY EIGHT.
An Act directing the mode of choosing Electors of President and Vice President of the United States.
Sec. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the Selectmen of the several Towns and Districts in this Commonwealth shall notify, in the manner prescribed by law for notifying town meetings, the inhabitants thereof, duly qualified to vote for Representatives two the General Court of this Commonwealth, to assemble on the first Monday of November next, and give in their votes for the number of Electors of President and Vice President, to which this Commonwealth may then be entitled, which Electors shall be qualified according to the Constitution of the United States. And the names of the Electors to be then chosen, shall be written or printed on each ticket or ballot, and every such ticket or ballot shall contain the name of at least one inhabitant of each of the several Congressional Districts into which this Commonwealth is divided; – and against the name of each person on every such ticket shall be designated the Congressional Districts to which he belongs. And the Selectmen shall preside at such meetings, and shall, in open town meeting, receive, sort, count and declare the votes given in, and the same shall be recorded by the Town and District Clerks respectively, and exact lists thereof shall be made and certified by a majority of the Selectmen, and the Clerk, who shall deliver the same sealed to the Sheriff of the County in which such election shall be held, within three days next after the day of such election; and the said Sheriff shall transmit the same to the office of the Secretary of this Commonwealth within ten days thereafter, or the Selectmen or Clerk may themselves transmit the same to the Office of the said Secretary within thirteen days after the day of such election. And all votes, not so returned, shall be rejected; and the Governor and Council shall open and examine the said returns and count the votes, and test Governor shall forthwith transmit to each person who shall have received a majority of the votes so returned, a certificate of his election.
Sec. 2. Be it further enacted, That in the City of Boston, the said election shall be holden, and the returns thereof made in conformity with the directions and provisions of “an Act establishing the City of Boston,” and the acts supplementary thereto. Provided, That such elections shall be holden and the returns thereof, by the Mayor and Aldermen of said City, be made at and within the times herein before prescribed.
Sec. 3. Be it further enacted, That the Electors so chosen shall convene at the State House, in the said City of Boston, on the Tuesday next preceding the first Wednesday of December next, at three of the clock in the afternoon; and in case of the death or absence of any Elector so chosen, or in case that whole number of Electors, to which this Commonwealth may then be entitled, shall from any cause be deficient, the Electors then present, or a majority of them, shall forthwith elect, from the Citizens of this Commonwealth, so many persons as shall supply such deficiency. And on the said first Wednesday of December, all of the said Electors, convened as aforesaid, shall vote by ballot for one person for President, and one person for Vice President of the United States, one of whom, at least, shall not be an inhabitant of the Commonwealth : “they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the Government of the United States, directed two the President of the Senate,” and in all respects shall proceed and conduct conformably to the Constitution of the United States, and the laws in this behalf provided. And the said Electors shall receive such compensation for their travel and attendance as the members of the General Court of this Commonwealth are entitled to receive. And all laws now in force in relation to the duties of Sheriffs, Town Officers and Voters in the election of Governor, Lieutenant Governor, Counsellors, Senators and Representatives, shall, as far as the same are applicable, apply and be in force in regard to the meetings and elections to be holden, and the returns to be made, under this act; and like penalties shall be incurred for a violation thereof.
[Approved by the Governor, June 10, 1828]
Resolve prescribing the form of Return of Electoral Votes.
RESOLVED, That the annexed form of a return of votes for Electors of President and Vice President of the United States, may be used, and that the Secretary of the Commonwealth be directed to furnish each town, district and city in the Commonwealth, with two copies thereof, and to procure a sufficient number to be printed for that purpose, and that he also furnish each town, district and city with a copy of this Resolve, and of the Act directing the mode of choosing Electors of President and Vice President of the United States; – And that the Mayor and Aldermen of the City of Boston shall have like power as is hereby granted to the Selectmen of the respective towns in the Commonwealth, and with the further power to vary this form, so far as their corporate character may require.
[Approved by the Governor, June 11, 1828]
[Document 2 (1840):]
CIRCULAR.
COMMONWEALTH OF MASSACHUSETTS.
SECRETARY’S DEPARTMENT, SEPTEMBER 25, 1840.
To the Selectmen and Town Clerk.
GENTLEMEN, – I herewith transmit to you various Blanks, the use of which will be necessary during the present season, viz. –
Blank for votes for Governor.
” for Votes for Lieut. Governor.
” for Votes for Senators and Counsellors.
” for Votes for Representative in Congress.
” for Votes for Electors of President, &c.
” for Certificate of choice of Representatives to General Court.
” for Return concerning Wheat.
” for Return concerning the condition of the Poor.
” for Return of expenses of supporting State Paupers.
A Copy of the Governor’s Proclamation, announcing the apportionment of Senators and Representatives.
The Blank concerning Wheat you are requested to deliver to the Town Treasurer; those appertaining to Paupers, to the Overseers of the Poor; the others will remain in your own care.
Although most of the Town Officers in the Commonwealth do not require any hint concerning their duties, from any source, yet, as some of them have been recently come into office, I take the liberty to point out some provisions of the Constitution and Laws, concerning the November Town Meetings, which it is important to bear in mind. These having sometimes been overlooked in the pressure of business at the time of the elections, have caused trouble to the Legislature, and not infrequently occasioned the rejection of returns.
The Meetings in Towns having less than five hundred qualified voters, are not to be opened at an earlier hour than eleven o’clock in the forenoon; but the Meetings in all Cities and Towns must be opened, at least as early as two o’clock in the afternoon. The Polls must be open at least two hours, and for as much longer time as the majority of voters present may direct, not exceeding the setting of the sun. Lists of voters, prepared in the manner specified in the 3d Chapter of the Revised Statutes, and in the Act of March 9th, 1839, must be in use at the Polls, and each individual’s name should be found thereon, and checked, before permitting his ballot to be deposited. The proclaiming and recording of votes, the making out of the certificate, (the same to be signed by the Selectmen, and attested by the Town Clerk,) and the sealing up thereof, are all to be done in open Town Meeting. The number of voters, which each person receives, are to be written out in words, and not figures. Returns of votes for different officers, have sometimes been made under a single sealed envelope, the individual certificates not being separately sealed. As, however, some of the Returns are to be examined by the Governor and Council, and others by the Legislature, it is important that each certificate should be separately sealed. The purport of he contents of each certificate should be specified on the outside thereof, and it be addressed to the Secretary of the Commonwealth.
Returns, for several years past, having indicated that in some Towns a misunderstanding has existed relative to the precise meaning of the word “ballot,” I have been requested by a Committee of the Legislature to ask particular attention to the 13th Section of the 4th Chapter of the Revised Statutes. It is to be observed that the “number of ballots,” therein spoken of, does not mean the number of names voted for, (as in some cases has been misunderstood,) but means simply the number of pieces of paper deposited in the box, bearing one or more names thereon. The particular object of the Section referred to, is to afford means of ascertaining by the number of pieces of paper, or ballots, so deposited, the exact number of persons actually voting. Pieces of paper, withtout any name written upon them, are not considered as ballots.
The Returns of votes for Governor, Lieutenant Governor, and Senators, must be delivered into the hands of the Sheriff of your County, thirty days before the first Wednesday of January, or into this office, on or before the second Wednesday of January; that concerning State Paupers, some time during said month; and that concerning Wheat, previously to the last day of March.
Very respectfully,
Your obedient servant,
JOHN P. BIGELOW, Secretary of the Commonwealth.
[Document 3 (1844):]
COMMONWEALTH OF MASSACHUSETTS.
AN ACT
PRESCRIBING THE TIME FOR MAKING RETURNS OF VOTES FOR ELECTORS OF PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES.
Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:
SECT. 1. The Mayor and Alderman of the several cities, and Selectmen of the several towns in the Commonwealth, shall within three days next after the day of any election of Electors of President and Vice President of the United States, held by virtue of the laws of this Commonwealth, or of the United Sates, deliver, or cause to be delivered, the lists of votes thereof, sealed up, to the Sheriff of the country in which said election is held; and the Sheriff shall within four days after receiving said lists, transmit the same to the office of the Secretary of the Commonwealth, or the said Mayor and Alderman, or the Selectmen may, and when the office of Sheriff is Vacant, he or they shall themselves transmit the said lists to the said office within seven days after the election, and all votes not so transmitted shall be rejected.
SECT. 2. The Secretary of the Commonwealh shall, on or before the first day of October next, transmit to the Mayor and Aldermen of each city, and to the Selectmen of each town in the Commonwealth, a copy of this Act.
[Approved by the Governor, March 16, 1844.]
AN ACT
REGULATING THE ELECTION OF ELECTORS OF PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES.
Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:
SECT. 1. The Selectmen of the several towns in this Commonwealth shall, in the manner prescribed by law for notifying town meetings, cause the inhabitants of their respective towns, qualified to vote for representatives in the general court, to assemble, on the Tuesday next after the first Monday in the month of November, of the year when the election of President and Vice President is to be made, and give in their votes for the whole number of electors to which this Commonwealth is entitled.
SECT. 2. In the several cities in this Commonwealth, the said elections shall be holden in conformity with the acts establishing said cities, and the several acts in addition thereto; but the same shall be holden at the time directed in the preceding section.
SECT. 3. All acts, or parts of acts, inconsistent herewith, are hereby repealed.
[Approved by the Governor, February 29, 1848.]
Citation
Gloucester Archives, Gloucester, MA.
Using Essex History 
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