EXCHANGE 1913 REVISION OF 1911 STATE OF MICHIGAN LAWS RELATING TO ELECTIONS COMPILED UNDER THE SUPERVISION OF FREDERICK C. MARTINDALE SECRETARY OF STATE BY AUTHORITY LANSING, MICHIGAN WYNKOOP HALLBNBECK CRAWFORD CO., STATE PRINTERS 1911 REVISION OF 1911 STATE OF MICHIGAN LAWS RELATING TO EJECTIONS COMPILED UNDER THE SUPERVISION OF FREDERICK C. MARTINDALE SECRETARY OF STATE BY AUTHORITY LANSING, MICHIGAN WYNKOOP HALLENBECK CRAWFORD CO., STATE PRINTERS 1911 TABLE OF CONTENTS. I CHAPTER I. Sections. Constitutional provisions 1-82 Elections defined 83 CHAPTER II. Registration : Act 177 of 1859 84-113 Registration in cities 85-91 Registration in townships 92-100 Death and removal of electors 101-104 Village elections 105-112 In Wayne county 113 Act 4 of 1869 Registration in new townships 114-119 Boards of, not to meet where liquors are sold 120-121 CHAPTER III. General and Special Elections: Act 175 of 1851 Holding of general and special elections 122-130 Notification of elections 131-138 Act 190 of 1891 Manner of conducting, and to prevent fraud 139-183 Act 175 of 1851 Continued. Poll lists 184 Canvass of votes 185-193 District canvass 194-200 State canvass 201-216 Representatives and presidential electors 217-220 Miscellaneous provisions 221-226 Act 194 of 1891 Municipal and township elections 227-229 Identifying ballots of unqualified voters 230-235 CHAPTER IV. Canvass and Return of Votes: Act 149 of 1895 Board of county canvassers 236-248 Special canvass for state senators and representatives to fill vacancies 249 Uniformity in returns 250-251 Correction of frauds and errors in returns 252 Preservation of evidence of error or fraud 253-259 CHAPTER V. Act 203 of 1877 Election districts in townships and villages 260-273 CHAPTER VI. Act 135 of 1895 Primaries in cities . . . 274-295 CONTENTS. CHAPTER VII. Township Elections Duties of Officers: (Chap. 16, R. S. 1846.) Sections. Township meetings 296-315 Act 283 of 1909 Overseers of highwaj^s 316-318 Manner of conducting elections (Chap. 16, R. S. 1846, continued) . 319-329 Canvass of votes 330-334 Township officers 335-345 Resignations, vacancies, etc 346-349 Duties of township clerk 350-352 Township treasurer 353 Compensation of township officers 354-356 Township business, other than elections 357-361 Qualification of voters and officers 362-368 Act 156 of 1851 First elections in townships 369 CHAPTER VIII. Offenses Against Election Laws: Penalties, R. S. 1846, Chap. 19 370-376 Betting upon elections Betting upon nominations .*. 378-379 Bribery 380-389 Protection of primaries and conventions 390-398 Purity of conventions 399-402 Disturbances 403 Closing of saloons 404 CHAPTER IX. County officers, election and qualification 405-438 Approval of bonds 439 CHAPTER X. Resignations, Vacancies and Removals: Resignations 440-441 Vacancies 442-443 Removals 444-449 Filling vacancies " 450-453 CHAPTER XL Election of Certain Officers: Circuit judges 454-461 Regents of university 462-465 State board of education Superintendent of public instruction Justices of supreme court 468-475 U. S. senators 476-478 State highway commissioner 479 CHAPTER XII. Elections in Cities and Villages: Fourth class cities 480-526 Villages 527-544 CHAPTER XIII. Miscellaneous: Voting machines 545-580 Return of vote to secretary of state 581-582 Publicity of proposed constitutional amendments 583-584 Apportionment of state senators and representatives 585-587 Local option law 588-606 Legal holidays 607-609 CONTENTS. CHAPTER XIV. Primary Election Law: Sections. Act 281 of 1909 610-666 APPENDIX. U. S. laws, relative to naturalization of aliens. NOTE. This compilation includes only laws of a general nature. TLocal acts which concern particular localities have been omitted. The annotations include supreme court decisions to and including the 165th Michigan report. The character / is used in citing cases, to avoid the repetition of Mich.; the section mark refers to the section number of the compiled laws of 1897. The section numbers in parentheses, ( ), are compiler's sections and are con- secutive throughout the book, and the notes used refer to these sections. Abbreviations Am., amended; C. L., Compiled Laws. ELECTION LAWS. CHAPTER I. CONSTITUTIONAL PROVISIONS. ARTICLE III. ELECTIVE FRANCHISE. (1) SECTION 1. In all elections, every male inhabitant of this state, being a citizen of the United States; every male inhabitant residing in this state on the twenty-fourth day of June, eighteen hundred thirty- five; every male inhabitant residing in this state on the first day of January, eighteen hundred fifty; every male inhabitant of foreign birth who, having resided in the state two years and six months prior to the eighth day of November, eighteen hundred ninety-four, and having de- clared his intention to become a citizen of the United States two years and six months prior to said last named day; and every civilized male inhabitant of Indian descent, a native of the United States and not a member of any tribe, shall be an elector and entitled to vote; but no one shall be an elector or entitled to vote at any election unless he shall be above the age of twenty-one years, and has resided in this state six months and in the township or ward in which he offers to vote twenty days next preceding such election : Provided, That in time of war, insurrection or rebellion no qualified elector in the actual mili- tary service of the United States or of this state, or in the army or navy thereof, shall be deprived of his vote by reason of his absence from the township, ward or state in which he resides; and the legislature shall provide by law the manner in which and the time and place at which such absent electors may vote, and for the canvass and return of their votes. QUALIFICATION OF ELECTORS : The source of all authority to vote at popular elections is the constitution ; the electorate is constituted by the fundamental law ; and the qualifications of electors must be uniform throughout the state. Coffin v. Election Commissioners, 97/189; Att'y Gen. v. Abbott, 121/545. As to uniformity, see also, Att'y Gen. v. Common Council, 58/216; Maynard v. Canvassers, 84/239. The qual'fica- tions of voters at school meetings have never been identical with those of electors as defined in the constitution. Belles v. Burr, 76 / 1. TOWNSHIP OR WARD : No one can vote anywhere but in the township, or ward where he resides, except as now provided in the case of soldiers. People v. Blodgett, 13 / 127 ; People v. Maynard, 15 / 463 ; Att'y Gen. v. Holihan, 29 / 116 ; Att'y Gen. v. Common Council, 58 / 213 ; Warren v. Board of Registration, 72 / 401. For election purposes each ward is made by the constitution equivalent to a township. Allor v. Wayne Auditors, 43 / 76. The intention of the voter is an important factor in determining residence. Harbaugh v. Cicott, 33/241, 250. CONSOLIDATION OF TOWNSHIPS: The electors of a disorganized township, the dis- organization taking effect one day before the annual township election, have a right to exercise in the new township the franchise possessed by them in the old. Att'y Gen. v. McColeman, 144/67. 8 STATE OF MICHIGAN. (2) SEC. 2. No elector shall be deemed to have gained or lost a resi- dence by reason of his being employed in the service of the United States or of this state, nor while engaged in the navigation of the waters of this state or of the United States or of the high seas, nor while a student at any institution of learning, nor while kept at any almshouse or other asylum at public expense, nor while confined in any public prison; ex- cept that honorably discharged soldiers, seamen and marines who have served in the military or naval forces of the United States or of this state and who reside in soldiers' homes established by this state may acquire a residence where such home is located. (3) SEC. 3. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in consequence of being stationed in any military or naval place within the state. (4) SEC. 4. Whenever any question is submitted to a vote of the elec- tors which involves the direct expenditure of public money or the issue of bonds, every woman having the qualifications of male electors who has property assessed for taxes in any part of the district or territory to be affected by the result of such election shall be entitled to vote thereon. (5) SEC. 5. Every elector in all cases, except for treason, felony or breach of the peace, shall be privileged from arrest during his attend- ance at elections and in going to and returning from the same. (6) SEC. 6. No elector shall be obliged to do militia duty on the day of election, except in time of war or public danger, or to attend court as a suitor or witness. (7) SEC. 7. All votes shall be given by ballot, except for such town- ship officers as may be authorized by law to be otherwise chosen. BALLOT : People v. Blodgett, 13 / 143 ; Belles v. Burr, 76 / 23 ; Maynard v. Can- vassers, 84 / 234 ; Att'y Gen. v. May, 99 / 547. The object of this provision was to secure the entire independence of the electors, to enable them to vote according to their own individual convictions of right and duty. People v. Cicott, 16 / 312. The ballot is a constitutional method which cannot be changed. Att'y Gen. v. Detroit Com. Council, 58/213, 217. (8) SEC. 8. Laws shall be passed to preserve the purity of elections and guard against abuses of the elective franchise. People v. Blodgett, 13 / 177 ; Att'y Gen. v. Detroit Com. Council, 58 / 215 ; Att'y Gen. v. Detroit, 78 / 552 ; Common Council v. Rush, 82 / 537 ; Att'y Gen. v. May, 99 / 547 ; Todd v. Election Commissioners, 104 / 474. REGISTRATION : Registration is imperative and must be complied with before the elector can vote ; and the failure of the board of registration to meet is of no avail to the elector. People v. Kopplekom, 16 / 342. For the various statutory provisions as to registration, etc., see sections 84-121. ARTICLE V. LEGISLATIVE DEPARTMENT. (9) SECTION 1. The legislative power is vested in a senate and house of representatives. People v. Collins, 3/343; State Tax Law Cases, 54/350, 398, 455; King v. Concordia Ins. Co., 140/267; Albert v. Gibson, 141/700; Att'y General v. Bolger, 128/362; People v. Salsbury, 134 / 544 ; People v. Dettenthaler, 118 / 602. (10) SEC. 2. The senate shall consist of thirty -two members. Sena- tors shall be elected for two years and by single districts. Such districts LAWS RELATING TO ELECTIONS. shall be numbered from one to thirty-two, inclusive, each of which shall choose one senator. No county shall be divided in the formation of senatorial districts, unless such county shall be equitably entitled to two or more senators. Hunt v. Buhrer, 133/113; Williams v. Sec'y of State, 145/447. DIVISION OP COUNTY : The only counties affected by this provision are Wayne and Kent. (11) SEC. 3. The house of representatives shall consist of not less than sixty-four nor more than one hundred members. Representatives shall be chosen for two years and by single districts, which shall contain as nearly as may be an equal number of inhabitants and shall consist of convenient and contiguous territory; but no township or city shall be divided in the formation of a representative district. When any town- ship or city shall contain a population which entitles it to more than one representative, then such township or city shall elect by general ticket the number of representatives to which it is entitled. Each county, with such territory as may be attached thereto, shall be entitled to a separate representative when it has attained a population equal to a moiety of the ratio of representation. In every county entitled to more than one representative, the board of supervisors shall assemble at such time and place as shall be prescribed by law, divide the same into representative districts equal to the number of representatives to which such county is entitled by law, and shall cause to be filed in the offices of the secretary of state and clerk of such county a description of such representative districts, specifying the number of each district and population thereof according to the last preceding enumeration. CONTIGUOUS TFRRITORY: This does not require contact by land, but portions of territory, although separated by wide reaches of navigable deep waters, may be considered contiguous. Supervisors v. Sec'y of State, 92 / 638. GFNFRAL TICKFT : No township has ever come under this provision and only three cities, Detroit, Grand Rapids and Saginaw. SUBDIVISION OF COUNTY: The power to divide the county into representative dis- tricts is vested in the board of supervisors and not in the legislature. Supervisors v. Sec'y of State, 92 / 638. See Smith v. Saginaw, 81 / 123 ; Maynard v. Canvassers, 84 / 228 ; Hunt v. Buhrer, 133/113. (12) SEC. 4. At the session in nineteen hundred thirteen, and each tenth year thereafter, the legislature shall by law rearrange the sena- torial districts and apportion anew the representatives among the coun- ties and districts according to the number of inhabitants, using as the basis for such apportionment the last preceding United States census of this state. Each apportionment so made, and the division of any county into representative districts by its board of supervisors, made thereunder, shall not be altered until the tenth year thereafter. DISTRICTS UNALTERABLE : The constitution prohibits any alteration of a district and a law which, by the change of city boundaries, transfers electors from one district to another is as much an alteration as it would be if the same result were brought about in a different way. Att'y Gen. v. Holihan, 29/116. But. except as prohibited by the constitution, the legislature can change legislative districts, and the power to do so is not lodged exclusively in the boards of supervisors. Such changes mav be made after a new enumeration and prior to the new apportionment. People v. Bradley, 36/447. The organization of a new county out of an entire representative d : strict is not prohibited. Bay Co. v. Bullock. 51 / 544. An act which consolidates two cities situated in d'fferent districts, but expressly preserves the boundaries of the districts and the manner of elect- ing representatives, does no^ violate this provision of the constitution. Smith v. Saginaw, 81 / 123. See also, Att'y Gen. v. Springwells Twp., 143 / 523. (13) SEC. 5. Each senator and representative shall be a citizen of 10 STATE OF MICHIGAN. the United States and a qualified elector of the district he represents, and his removal from the district shall be deemed a vacation of the office. (14) SEC. 6. No person holding any office under the United States or this state or any county office, except notaries public, officers of the militia and officers elected by townships, shall be eligible to or have a seat in either house of the legislature; and all votes given for any such person shall be void. A member of the legislature, which enacted the law providing for the constitutional convention, is ineligible as a delegate to that convention. Fyfe v. Kent County Clerk, 149 / 349. The board of district canvassers has no jurisdiction to determine whether a candidate is ineligible, because holding the office of prosecuting attorney, and reject votes cast for such ineligible candidate. Att'y Gen. v. Bd. of Canvassers, 155 / 44. (15) SEC. 7. No person elected a member of the legislature shall receive any civil appointment within this state or to the senate of the United States from the governor, except notaries public, or from the governor and senate, from the legislature, or any other state authority, during the term for which he is elected. All such appointments and all votes given for any person so elected for any such office or appointment shall be void. No member of the legislature shall be interested directly or indirectly in any contract with the state or any county thereof, author- ized by any law passed during the time for which he is elected, nor for one year thereafter. APPOINTMENT : The term "appointment" seems to be used here as synonymous with "election." People v. Hurlbut, 24 / 44. The purpose of such provisions is to prevent officers from using their official positions in the creation of offices for themselves, or for the appointment of themselves to place. Ellis v. Lennon, 86 / 468. ELIGIBILITY : A member of the legislature is not ineligible to become a candidate for member of board of county auditors, since the duties of the latter office are purely local in character. Lodge v. Wayne County Clerk, 155 / 426. The constitution does not preclude a member of the legislature from being a candidate for a county office : the effect of such election, if the duties of the office are incompatible with the duties of a member of the legislature, would be to vacate ipso facto the office first held. Id. (16) SEC. 8. Senators and representatives shall in all cases, except for treason, felony or breach of the peace, be privileged from arrest dur- ing sessions of the legislature and for fifteen days next before the com- mencement and after the termination thereof. They shall not be sub- ject to any civil process during the same period. They shall not be questioned in any other place for any speech in either house. (17) SEC. 9. The compensation of the members of the legislature shall be eight hundred dollars for the regular session. When convened in extra session their compensation shall be five dollars per day for the first twenty days and nothing thereafter. Members shall be entitled to ten cents per mile and no more for one round trip to each regular and special session of the legislature by the usually traveled route. Each member shall be entitled to one copy of the laws, journals and documents of the legislature of which he is a member, but shall not receive, at the expense of the state, books, newspapers or perquisites of the office not expressly authorized by this constitution. (18) SEC. 10. The president of the senate and speaker of the house of representatives shall be entitled to the same compensation and mileage as members of the legislature and no more. (19) SEC. 11. In case of a contested election, compensation and mile- age shall be paid only to the person declared to be entitled to a seat by the house in which the contest takes place. LAWS RELATING TO ELECTIONS. 11 (20) SEC. 12. The election of senators and representatives, pursuant to the provisions of this constitution, shall be held on the Tuesday suc- ceeding the first Monday of November, nineteen hundred ten, and on the Tuesday succeeding the first Monday of November of every second year thereafter. (21) SEC. 15. Each house, except as otherwise provided in this con- stitution,, shall choose its own officers and determine the rules of its proceedings, but shall not adopt any rule that will prevent a~nrajority of the members elected from discharging a committee from the further consideration of any measure. Each house shall judge of the qualifica- tions, elections and returns of its members, and may, with the concur- rence of two-thirds of all the members elected, expel a member. The reasons for such expulsion shall be entered upon the journal, with the names of the members voting on the question. No member shall be expelled a second time for the same cause. The senate is the sole judge of the qualifications of its members, and this court has no jurisdiction to determine a basis for its decision or to review it when made. Att'y Gen- eral v. Board of Canvassers, 155 / 44. (22) SEC. 17. In all elections by either house or in joint convention the votes shall be given viva voce. All votes on nominatipns to the senate shall be taken by yeas and nays and published with the journal of its proceedings. ARTICLE VI. EXECUTIVE DEPARTMENT. (23) SECTION 1. There shall be elected at each general biennial elec- tion a governor, a lieutenant governor, a secretary of state, a state treas- urer, a commissioner of the state land office, an auditor general and an attorney general, for the term of two years. They shall keep their offices at the seat of government, superintend them in person and perform such duties as may be prescribed by law. The office of commissioner of the state land office may be abolished by law. (24) SEC. 6. He (governor) shall issue writs of election to fill such vacancies as occur in the senate or house of representatives. (25) SEC. 10. Whenever a vacancy shall occur in any of the state offices, the governor shall fill the same by appointment, by and with the advice and consent of the senate, if in session. (26) SEC. 11. All official acts of the governor, except his approval of the laws, shall be authenticated by the great seal of the state, which shall be kept by the secretary of state. (27) SEC. 12. All commissions issued to persons holding offi'ce under the provisions of this constitution shall be in the name and by the author- ity of the people of the state of Michigan, sealed with the great seal of the state, signed by the governor and countersigned by the secretary of state. (28) SEC. 13. No person shall be eligible to the office of governor or lieutenant governor who shall not have attained the age of thirty years 12 STATE OF MICHIGAN. and who has not been five years a citizen of the United States and a resident of this state two years next preceding* his election. Att'y General v. Detroit Com. Council, 112 / 151. (29) SEC. 14. No member of congress nor any person holding office under the United States or this state shall execute the office of governor, except as provided in this constitution. (30) SEC. 15. No person elected governor or lieutenant governor shall be eligible to any office or appointment from the legislature, or either house thereof, during the time for which he was elected. All votes for either of them for any such office shall be void. (31) SEC. 16. In case of the impeachment of the governor, his re- moval from office, death, inability, resignation or absence from the state, the powers and duties of the office shall devolve upon the lieutenant gov- ernor for the residue of the term or until the disability ceases. When the governor shall be out of the state at the head of a military force thereof, he shall continue commander-in-chief of all the military force of the state. (32) SEC. 17. During a vacancy in the office of governor, if the lieu- tenant governor die, resign, or be impeached, displaced, be incapable of performing the duties of his office, or absent from the state, the secre- tary of state shall act as governor until the vacancy be filled or the disability cease. (33) SEC. 18. The lieutenant governor or secretary of state, while performing the duties of governor, shall receive the same compensation as the governor. (34) SEC. 20. The secretary of state, state treasurer and commis- sioner of the state land office shall constitute a board of state auditors. They shall examine and adjust all claims against the state not otherwise provided for by general law. They shall constitute a board of state canvassers to determine the result of all elections for governor, lieuten- ant governor, state officers and such other officers as shall by law be referred to them. They shall act as a state board of escheats and a board of fund commissioners. They shall perform such other duties as may be prescribed by law. In case the office of commissioner of the state land offiice is abolished, another state officer shall be designated by law as a member of the several boards mentioned in this section. STATE CANVASSERS : The determination of this board is subject to no review except as provided in the next section. People v. Cicott, 16 / 301 : Royce v. Goodwin, 22 / 501 ; Ayres v. State Auditors, 42 / 427 ; Newton v. Canvassers, 94 / 459 ; Vanoe v. Canvassers, 95 / 466. As to when a succeeding board may be compelled to convene and recanvass returns, see Belknap v. State Canvassers, 95 / 155 ; Rich v. State Canvassers. 100 / 453. When mandamus will not be issued against. Baker v. St. Canvassers, 69 / 656. See sec- tion 201 and notes. See Warner v. Aud. Gen., 129 / 650. As to jurisdiction of the board in a recount under the primary election law, see Bradley v. Bd. of State Canvassers, 154 / 274. (35) SEC. 21. The governor and attorney general shall each receive an annual salary of five thousand dollars. The secretary of state, state treasurer, commissioner of the state land office and auditor general shall each receive an annual salary of twenty-five hundred dollars. They shall receive no fees or perquisites whatever for the performance of any duties connected with the offices. It shall not be competent for the legislature to increase the salaries herein provided. LAWS RELATING TO ELECTIONS. 13 AETICLE VII. JUDICIAL DEPARTMENT. (36) SECTION 1. The judicial power shall be vested in one supreme court, circuit courts, probate courts, justices of the peace and such other courts of civil and criminal jurisdiction, inferior to the supreme court, as the legislature may establish by general law, by a two-thirds vote of the members elected to each house. THE SUPREME COURT. (37) SEC. 2. The supreme court shall consist of one chief justice and associate justices, to be chosen by the electors of the state at the regular biennial spring elections; and- not more than two justices shall go out of office at the same time. The term of office shall be prescribed by law. The number of justices is now eight and term of office eight years. CIRCUIT COURTS. (38) SEC. 8. The state shall be divided into judicial circuits in each of which there shall be elected one circuit judge. The legislature may provide by law for the election of more than one circuit judge in any judicial circuit. A circuit court shall be held at least four times in each year in every county organized for judicial purposes. Each circuit judge shall hold court in the county or counties within the circuit in which he is elected, and in other circuits as may be provided by law. The legislature may by law arrange the various circuits into judicial districts, and provide for the manner of holding courts therein. Cir- cuits and districts may be created, altered or discontinued by law, but no such alteration or discontinuance shall have the effect to remove a judge from office. Royce v. Goodwin, 22 / 496. (39) SEC. 9. Circuit judges shall be elected on the first Monday in April, nineteen hundred eleven, and every sixth year thereafter. They shall hold office for a term of six years and until their successors are elected and qualified. They shall be ineligible to any other than a judi- cial office during the term for which they are elected and for one year thereafter. People v. Burch, 84/408. As to election of circuit judges, see sections 454-461. (40) SEC. 12. Each of the judges of the circuit courts shall receive a salary payable monthly. In addition to the salary paid from the state treasury, each circuit judge may receive from any county in which he regularly holds court such additional salary as may be determined from time to time by the board of supervisors of the county. In any county 14 STATE OF MICHIGAN. where such additional salary is granted it shall be paid at the same rate to all circuit judges regularly holding court therein. PROBATE COURTS. (41) SEC. 13. In each county organized for judicial purposes, there shall be a probate court. The jurisdiction, powers and duties of such courts and of the judges thereof shall be prescribed by law, and they shall also have original jurisdiction in all cases of juvenile delinquents and dependents. (42) SEC. 14. Judges of probate shall be elected in the counties in which they reside, and shall hold office for four years and until their succcessors are elected and qualified. They shall be elected on the Tues- day succeeding the first Monday of November, nineteen hundred twelve, and every four years thereafter. The legislature may provide by law for the election of more than one judge of probate in counties with more than one hundred thousand inhabitants, and may provide for the election of such judges in such counties at alternate biennial elections. PROBATE JUDGES: The duties performed by probate judges are in no sense services performed for their respective counties and they are in no sense county officers. They exercise a portion of the judicial and prerogative power of the state and cannot be sub- jected to the direction of any body inferior to the legislature. Douvielle v. Manistee Su- pervisors, 40 / 585. But probate judges must reside within the counties for which elected. Royce v. Goodwin, 22 / 496. Appointment to fill vacancy. People v. Lord, 9 / 227. JUSTICES OF THE PEACE. (43) SEC. 15. There shall be elected in each organized township not to exceed four justices of the peace, each of whom shall hold the office for four years and until his successor is elected and qualified. At the first election in any township they shall be classified as shall be prescribed by law. A justice elected to fill a vacancy shall hold the office for the residue of the unexpired term. The legislature may provide by law for justices in cities. FOUR JUSTICES : There has always been, under the constitution, four justices pro- vided by law for each township, and the term of years of the office, and the . provision for classification of the terms at the first election tend to support the theory that it was intended by the constitution that there should be four justices in each township ; but the constitution strictly, by its terms, does not provide that there must be four justices in a township, but that there shall be not exceeding four. Brooks v. Hydorn, 76 / 273. A justice of the peace is a constitutional officer and cannot be legislated out of office by the reorganization of a municipality or the amendment of a charter. Gratupp v. Van Epps, 113 / 590 ; see also Att'y Gen. v. Loomis, 141 / 547. As to the election of justices in townships, see section 296 of this compilation, also sections 2369-73 of C. L. 1897. MUST BE ELECTED: The constitution requires all justices to be elected and it 's against public policy to have them chosen otherwise except for temporary purposes. Edison v. Almy, 66/329: Brooks v. Hydorn, 76/275. TERM OF OFFICE: See Messenger v. Teagan, 106/654; Hulbert v. Henry, 105/212. GENERAL PROVISIONS. (44) SEC. 19. Whenever a judge shall remove beyond the limits of the jurisdiction for which he was elected, or a justice of the peace from the township in which he was elected, or by a change in the boundaries of such township shall be placed without the same, he shall be deemed to have vacated the office. See Royce v. Goodwin, 22/496^ Faulks v. People, 39/200. LAWS RELATING TO ELECTIONS. 15 (45) SEC. 20. When a vacancy occurs in the office of judge of any court of record, it shall be filled by appointment of the governor, and the person appointed shall hold the office until a successor is elected and qualified. When elected, such successor shall hold the office the residue of the unexpired term. The appointee under this provision holds only until the election of a successor. People v. Lord, 9 / 227 ; Lawrence v. Hanley, 84 / 405 ; People v. Burch, 84 / 408 ; Adsit v. Sec'y of State, 84 / 420 ; People v. Palmer, 91 / 283. __ ___ (46) SEC. 21. The legislature may provide by law for the election of one or more persons in each organized county who may be vested with judicial powers not exceeding those of a judge of the circuit court at chambers. CIRCUIT COURT COMMISSIONER : The circuit court commissioner is a subordinate and assistant to the circuit court rather than an independent judicial officer. Burger's Case, 39 / 203. As to requirement that he be an attorney at law, see People v. May, 3 / 609. See Hunt v. Wayne Judges, 142 / 117. For statutory provisions as to this officer, see section 421. ARTICLE VIII. LOCAL GOVERNMENT. COUNTIES. (47) SEC. 3. There shall be elected biennially in each organized county a sheriff, a county clerk, a county treasurer, a register of deeds and a prosecuting attorney, whose duties and powers shall be prescribed by law. The board of supervisors in any county may unite the offices of county clerk and register of deeds in one office or separate the same at pleasure. The prosecuting attorney must be an attorney at law. People v. May, 3 / 598 ; Att'y General v. Abbott, 121/541. (48) SEC. 4. The sheriff, county clerk, county treasurer, judge of probate and register of deeds shall hold their offices at the county seat. (49) SEC. 5. The sheriff shall hold no other office, and shall be in- capable of holding the office of sheriff longer than four in any period of six years. He may be required by law to renew his security from time to time, and, in default of giving such security, his office shall be deemed vacant. The county shall never be responsible for his acts. Lamoreaux v. Att'y General, 89 / 146. (50) SEC. 6. The legislature shall by general law provide for the appointment of a board of jury commissioners in each county ; but such law shall not become operative in any county until a majority of the electors of the county voting thereon shall so decide. (51) SEC. 7. A board of supervisors, consisting of one from each organized township, shall be established in each county, with such powers as shall be prescribed by law. Cities shall have such representation in the boards of supervisors of the counties in which they are situated as may be provided by law. 16 STATE OP MICHIGAN. (52) SEC. 9. The boards of supervisors shall have exclusive power to fix the salaries and compensation of all county officials not otherwise provided for by law. The boards of supervisors, or in counties having county auditors, such auditors, shall adjust all claims against their re- spective counties; appeals may be taken from such decisions of the boards of supervisors or auditors to the circuit court in such manner as shall be prescribed by law. TOWNSHIPS. (53) SEC. 18. There shall be elected annually on the first Monday of April in each organized township one supervisor, one township clerk, one commissioner of highways, one town-ship treasurer, not to exceed four constables and one overseer of highways for each highway district, whose powers and duties shall be prescribed by law. The office of school Inspector was eliminated by this section. For election of overseers of highways, see section 316. ORGANIZED TOWNSHIPS : Townships, in which electors can lawfully vote and whose supervisors conjointly may exercise the legislative and administrative powers of the cor- porations, are necessary subdivisions of the county. A county cannot be organized without the existence of townships, and there must be more than one township. People v. May- nard, 15 / 463. A new township, organized without special conditions, becomes a "town- ship" within the meaning of the constitution and laws, clothed with the same rights and powers and subject to the same duties as belong to new townships generally. It becomes severed from the school district organization in which it was formerly embraced. People v. Ryan, 19 / 203. There is nothing to indicate that it was intended to embrace organized and incorporated cities and villages within the term "organized townshlps."- White v. Supervisors, 105/612. FLECTIONS : The townships in which elections are held must be organized town- ships. People v. Maynard, 15 / 463. TOWNSHIP OFFICI^RS' FUNCTIONS : The functions of township officers, who are continued by constitutional enactment, are as clearly within the contemplation and pro- tection of the constitution as are the officers themselves, and the legislature has no more power to deprive those officers of their authority and confer that authority upon officers not of local selection, than It has to abolish the offices. Davies v. Supervisors, 89 / 295. SUPERVISORS : These officers, who may constitute a county board, are necessary to the organization of a county. People y. Maynard, 15 / 463. The effect of this section, construed with sec. 7 of art. viii, is to limit the power of the legislature to give organized townships more than one representative on the board of supervisoi-s, and imnoses the duty to give ci r ies some representation therein. Att'y Gen. v. Preston, 56 / 177. For the distinc- tion between a supervisor and an ex officio member of the board of supervisors, see the case last cited, and Holden v. Supervisors, 77 / 202. HIGHWAY OFFICERS : Highway commissioners are constitutional officers. Burnham v. Township, 46 / 555. The powers of highway commissioners and overseers are subject to legislative modification, but no legislation can abolish the offices or take away all their functions. The highways in each district must, to some extent at least, be subject to an overseer elected by the people. Hubbard v. Twp. Board, 25 / 153. CONSTABLES : No municipal corporation ever existed here or in England without constables or officers answering to constables. They are here and always have been the local peace officers of their vicinage, the ministerial officers of justices of the peace and the bailiffs of courts of record of criminal jurisdiction in the county. Allor v. Wayne Auditors, 43 / 76, 102. CITIES AND VILLAGES. (54) SEC. 20. The legislature shall provide by a general law for the incorporation of cities, and by a general law for the incorporation of villages; such general laws shall limit their rate of taxation for muni- cipal purposes, and restrict their powers of borrowing money and con- tracting debts. (55) SEC. 21. Under such general laws, the electors of each city and village shall have power and authority to frame, adopt and amend its charter, and, through its regularly constituted authority, to pass all laws and ordinances relating to its municipal concerns, subject to the consti- tution and general laws of this state. (56) SEC. 25. No city or village shall have power to abridge the right LAWS RELATING TO ELECTIONS. 17 of elective franchise, to loan its credit, nor to assess, levy or collect any tax or assessment for other than a public purpose. Nor shall any city or village acquire any public utility or grant any public utility fran- chise which is not subject to revocation at the will of the city or village, unless such proposition shall have first received the affirmative vote of three-fifths of the electors of such city or village voting thereon at a regular or special municipal election ; and upon such proposition .women taxpayers having the qualifications of male electors shall be entitled to vote. GENERAL PROVISIONS. (57) SEC. 26. The legislature may by general law provide for the laying out, construction, improvement and maintenance of highways, bridges and culverts by counties, districts and townships; and may authorize counties or districts to take charge and control of any high- ways within their limits for such purposes. The legislature may also by general law prescribe the powers and duties of boards of supervisors in relation to highways, bridges and culverts; may provide for county and district road commissioners to be appointed or elected, with such powers and duties as may be prescribed by law; and may change and abolish the powers and duties of township commissioners and overseers of high- ways. The legislature may provide by law for submitting the question of adopting a county or district road system to the electors of the counties or proposed districts, and such road system shall not go into operation in any county or district until approved by a majority of the electors thereof voting on such question. The tax raised for road purposes shall not exceed in any one year three dollars upon each one thousand dollars of assessed valuation for the preceding year. AKTICLE IX. IMPEACHMENTS AND REMOVALS FROM OFFICE. (58) SECTION 1. The house of representatives shall have the sole power of impeaching civil officers for corrupt conduct in office, or for crimes or misdemeanors; but a majority of the members elected shall be necessary to direct an impeachment. (59) SEC. 3. Every impeachment shall be tried by the senate. When the governor or lieutenant governor is tried, the chief justice of the supreme court shall preside. When an impeachment is directed, the senate shall take an oath or affirmation truly and impartially to try and determine the same according to the evidence. No person shall be con- victed without the concurrence of two-thirds of the members elected. Judgment in case of impeachment shall not extend further than removal from office, but the person convicted shall be liable to punishment ac- cording to law. (60) SEC. 4. No judicial officer shall exercise his office after an im- peachment is directed until he is acquitted. (61) SEC. 5. The governor may make a provisional appointment to 3 18 STATE OF MICHIGAN. fill a vacancy occasioned by the suspension of an officer, until he shall be acquitted or until after the election and qualification of a successor. (62) SEC. 6. For reasonable cause, which shall not be sufficient ground for impeachment, the governor shall remove any judge on a con- current resolution of two-thirds of the members elected to each house of the legislature; and the cause for which such removal is required shall be stated at length in such resolution. (63) SEC. 7. The governor shall have power and it shall be his duty, except at such time as the legislature may be in session, to examine into the condition and administration of any public office and the acts of anj r public officer, elective or appointive; to remove from office for gross neglect of duty or for corrupt conduct in office, or any other misfeasance or malfeasance therein, any elective or appointive state officer, except legislative or judicial, and report the causes of such removal to the legis- lature at its next session. (64) SEC. 8. Any officer elected by a county, city, village, township or school district may be removed from office in such manner and for such cause as ishall be prescribed by law. ARTICLE X. FINANCE AND TAXATION. (65) SEC. 19. No collector, holder or disburser of public moneys shall have a seat in the legislature, nor be eligible to any office of trust or profit under this state, until he shall have accounted for and paid over, as provided by law, all sums for which he may be liable. ARTICLE XL EDUCATION. (66) SEC. 2. A superintendent of public instruction shall be elected at the regular election to be held on the first Monday in April, nineteen hundred nine, and every (second year thereafter. He shall hold office for a period of two years from the first day of July following his election and until his successor is elected and qualified. He shall have general supervision of public instruction in the state. He shall be a member and secretary of the state board of education. He shall be ex-oificio a mem- ber of all other boards having control of public instruction in any state institution, with the right to speak but not to vote. His duties and compensation shall be prescribed by law. Election of superintendent of public instruction, see section 467. His salary was fixed at $4,000. '(67) SEC. 3. There shall be a board of regents of the university, con- sisting of eight members, who shall hold the office for eight years. There shall be elected at each regular biennial spring election two members of LAWS RELATING TO ELECTIONS. 19 such board. When a vacancy shall occur in the office of regent it shall be filled by appointment of the governor. Election of regents, see sections 462-465. (68) SEC. 5. The regents of the university shall, as often as neces- sary, elect a president of the university. The president of the university and the superintendent of public instruction shall be ex-officio-members of the board of regents, with the privilege of speaking- but not of voting. The president shall preside at the meetings of the board and be the prin- cipal executive officer of the university. The board of regents shall have the general supervision of the university and the direction and control of all expenditures from the university funds. (69) SEC. 6. The state board of education shall consist of four mem- bers. On the first Monday in April, nineteen hundred nine, and at each succeeding biennial spring election, there shall be elected one member of such board who shall hold his office for six years from the first day of July following his election. The state board of education shall have general supervision of the state normal college and the state normal schools, and the duties of said board shall be prescribed by law. Election of members state board of education, see section 466. (70) SEC. 7. There shall be elected on the first Monday in April, nineteen hundred nine, a state board of agriculture to consist of six mem- bers, two of whom shall hold the office for two years, two for four years and two for six years. At every regular biennial spring election there- after, there shall be elected two members whose term of office shall be six years. The members thus elected and their successors in office shall be a body corporate to be known as "The State Board of Agriculture." (71) SEC. 8. The state board of agriculture shall, as often as neces- sary, elect a president of the agricultural college, who shall be ex-officio a member of the board with the privilege of speaking but not of voting. He shall preside at the meetings of the board and be the principal execu tive officer of the college. The board shall have the general supervision of the college, and tUe direction and control of all agricultural college funds; and shall perform such other duties as may be prescribed by law. ARTICLE XVI. MISCELLANEOUS PROVISIONS. (72) SECTION 1. The terms of office of all elective state officers and of all judges of courts of record shall begin on the first day of January next succeeding their election, except as otherwise prescribed in this con- stitution. The terms of office of all county officers shall begin on the first day of January next succeeding their election, except as otherwise prescribed by law. (73) SEC. 2. Members of the legislature and all officers, executive and judicial, except such officers as may by law be exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I 20 STATE OF MICHIGAN. support the constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of according to the best of my ability." No other oath, declaration or. test shall be required as a qualification for any office or public trust. (74) SEC. 3. Neither the legislature nor any municipal authority shall grant or authorize extra compensation to any public officer, agent, employe or contractor after the service has been rendered or the contract entered into. Salaries of public officers, except circuit judges, shall not be increased, nor shall the salary of any public officer be decreased, after election or appointment. (75) SEC. 4. Tn case two or more persons have an equal and the highest number of votes for any office, as canvassed by the board of state canvassers, the legislature in joint convention shall choose one of said persons to fill such office. When the determination of the board of state canvassers is contested,, the legislature in joint convention shall decide which person is elected. (76) SEC. 5. The legislature may provide by law the cases in which any office shall be deemed vacant and the manner of filling vacancies, where no provision is made in this constitution. ARTICLE XVII. AMENDMENT AND REVISION.^ (77) SECTION 1. Any amendment or amendments to this constitution may be proposed in the senate or house of representatives. If the same shall be agreed to by two-thirds of the members elected to each house, such amendment or amendments shall be entered on the journals, respec- tively, with the yeas and nays taken thereon ; and the same shall be sub- mitted to the electors at the next spring or autumn election thereafter, as the legislature shall direct; and, if a majority of electors qualified to vote for members of the legislature voting thereon shall ratify and ap- prove such amendment or amendments, the same shall become part of the constitution. See Westinghausen v. People, 44 / 265 ; Murphy Chair Co. v. Att'y General, 148 / 563 ; Carton v. Sec'y of State, 151/337. (78) SEC. 2. Amendments may also be proposed to this constitution by petition of the qualified electors of this state but no proposed amend- ment shall be submitted to the electors unless the number of petitioners therefor shall exceed twenty per cent of the total number of electors vot- ing for secretary of state at the preceding election of such officer. All petitions shall contain the full text of any proposed amendment, to- gether with any existing provisions of the constitution which would be altered or abrogated thereby. Such petitions shall be signed at the regu- lar registration or election places at a regular registration or election under the supervision of the officials thereof, who shall verify the genuine- ness of the signatures and certify the fact that the signers are registered electors of .the respective townships and cities in which they reside, and shall forthwith forward the petitions to the secretary of state. All LAWS RELATING TO ELECTIONS. 21 petitions for amendments filed with the secretary of state shall be certified by that officer to the legislature at the opening of its next regular session ; and, when such petitions for any one proposed amendment shall be signed by not less than the required number of petitioners, he shall also submit the proposed amendment to the electors at the first regular election there- after, unless the legislature in joint convention shall disapprove of the proposed amendment by a majority vote of the members elected;- The legislature may, by a like vote, submit an alternative or a substitute proposal on the same subject. The action of the legislature shall be entered on the journal of each house, with the yeas and nays taken thereon. But no amendment to this section may be proposed in the man- ner herein prescribed. If a majority of the electors qualified to vote for members of the legis- lature voting thereon shall ratify and approve any such amendment or amendments, the same shall become a part of the constitution: Pro- vided, That for any amendment proposed under this section, the affirma- tive vote shall be not less than one-third of the highest number of votes cast at the said election for any office. In case alternative proposed amendments on the same subject are submitted at the same election, the vote shall be for one of such alternatives or against such proposed amend- ments as a whole. If the affirmative vote for one proposed amendment is the required majority of all the votes cast for and against such pro- posed amendments, it shall become a part of the constitution. If the total affirmative vote for such alternative proposed amendments is the required majority of all the votes for and against them, but no one proposed amendment receives such majority, then the proposed amend- ment which receives the largest number of affirmative votes shall be submitted at the next regular election, and if it then receives the re- quired majority of all the votes cast thereon it shall become a part of the constitution. The legislature shall enact appropriate laws to carry out the provisions of this section. (79) SEC. 3. All proposed amendments to the constitution submitted to the electors shall be published in full, with any existing provisions of the constitution which would be altered or abrogated thereby, and a copy thereof shall be posted at each registration and election place. Proposed amendments shall also be printed in full on a ballot or ballots separate from the ballot containing the names of nominees for public office. Publicity of constitutional amendments, see section 583. (80) SEC. 4. At the general election to be held in the year nineteen hundred twenty-six, in each sixteenth year thereafter and at such other times as may be provided by law, the question of a general revision of the constitution shall be submitted to the electors qualified to vote for members of the legislature. In case a majority of such electors voting at such election shall decide in favor of a convention for such purpose, at the next biennial spring election the electors of each senatorial dis- trict of the state as then organized shall elect three delegates. The delegates so elected shall convene at the state capitol on the first Tues- day in September next succeeding such election, and shall continue their sessions until the business of the convention shall be completed. A majority of the delegates elected shall constitute a quorum for the trans- action of business. The convention shall choose its own officers, deter- 22 STATE OF MICHIGAN. mine the rules of its proceedings and judge of the qualifications, elections and returns of its members. In case of a vacancy by death, resignation or otherwise, of any delegate, such vacancy shall be filled by appointment by the governor of a qualified resident of the same district. The con- vention shall have power to appoint such officers, employes and assist- ants as it may deem necessary and to fix their compensation, and to provide for the printing and distribution of its documents, journals and proceedings. Each delegate shall receive for his services the sum of one thousand dollars and the same mileage as shall then be payable to mem- bers of the legislature, but such compensation may be increased by law. No proposed constitution or amendment adopted by such conven- tion shall be submitted to the electors for approval as hereinafter pro- vided unless by the assent of a majority of all the delegates elected to the convention, the yeas and nays being entered on the journal. Any proposed constitution or amendments adopted by such convention shall be submitted to the qualified electors in the manner provided by such convention on the first Monday in April following the final adjourn- ment of the convention; but, in case an interval of at least ninety days shall not intervene between such final adjournment and the date of such election, then it shall be submitted at the next general election. Upon the approval of such constitution or amendments by a majority of the qualified electors voting thereon such constitution or amendments shall take effect on the first day of January following the approval thereof. SCHEDULE. 1 (81) SEC. 6. All officers elected under the existing constitution and laws on the Tuesday after the first Monday of November, nineteen hun- dred eight, shall take office on and after the first day of January, nineteen hundred nine, under this constitution. (82) SEC. 7. Until otherwise provided, the salaries or compensation of all public officers shall continue as provided under the existing con- stitution and laws. ELECTIONS DEFINED. [Extract from Ch. 1, R. S. 1846.] ^^ 5- SEC. 3. Sub. Div. 4. The words^annual meet- ing," when applied to townships, shall be construed to mean the annual meeting required by law to be held in the month of April. General Sub. Div. 19. The words "general election," shall be con- strued to mean the election required by law to be held in the month of November. GENERAL ELECTION : The general election is not a township meeting in any legal sense. People v. Knight, 13 / 426. Under the constitution there was only one election which was ever referred to as a general election, and that the term was used as identical with the November election, which was previously annual, and thereby made biennial. That was the only election held simultaneously throughout all the state for officers to represent the whole state. Westinghausen v. People, 44 / 269. And it is hardly necessary to say that subsequent legislation could not change the meaning or effect of any part of the constitution. Id. 270. The only foundation for any notion that the spring elections can serve the purpose of the general elec- tion mentioned In the constitution is that in organizing the present supreme LAWS RELATING TO ELECTIONS. 23 court in 1857, the statute declared that a "general election" should* be held on the first Monday in April every second year for the election of judges. Of course, the legislature can make their own definitions for statutory pur- poses, but this would not change the constitutional definition or make it apply to any election not within the constitutional contemplation. Id. 271. The language of Art. 20, Const, of 1850, taken with all the various other provisions which refer to general elections, very plainly refers to the fall election, and that the practical construction put upon it is correct and binding. Id. 272. The words "general election" used in the constitution and statute, as applied to the ofllce of judge of probate, can have no other meaning than the biennial election held in November, and an election at any other time to that office must be regarded as a special election. People v. Palmer, 91 / 283. The term "general election" must be held to mean the November, and not the April election, unless inconsistent with the manifest intent of the legislature. Edgar v. Election Commissioners, 118 / 418. See Carton v. Sec'y of State, 151 / 357 ; Chase v. Election Com'rs of Wayne Co., 151 / 407. CHAPTER II. REGISTRATION OF ELECTORS. An Act further to preserve the purity of elections, and guard against the abuse of the elective franchise, by a registration of electors. [Act 177, S. L. 1859.] The People of the State of Michigan enact: (84) 3536. SECTION 1. That there shall be, in the year one thousand eight hundred and fifty-nine, a registration of the qualified electors of the state. The aldermen of every in- Board of corporated city, and the supervisor, treasurer, and clerk of r every township, shall constitute a board of registration for such city or township, and their duties shall be as follows: They shall respectively provide suitable bound books or reg- Board to pro- isters, one for each township and one for each ward, so niade renters!* 8 c and arranged as to contain an alphabetical list of the re- spective names, Christian or baptismal, and surnames, in full, of all persons declared by the constitution of the state to be electors and entitled to vote, residing in their townships or wards, and the date of the registration ; and, if the elector re- sides in a city or incorporated village, also his residence by the number of the dwelling and the name of the street, if any, and if none, a description of the locality of the same. REGISTRATION NECESSARY: This act is grounded upon the same article of the constitution which gives the right to vote and is imperative: t must be complied with before the elector can vote, and the omission of the board of registration to meet is of no avail to the elector as an excuse for not registering. People v. Kopplekom, 16/342. See Common Council v. Rush, 82/537; Att'y Gen. v. McQuade, 94/441. J URITY OF ELECTIONS: The laws to regulate elections and to preserve their purity, and to guard against abuses of the elective franchise, must be reasonable, uniform and impartial, and must be calculated to facilitate and secure, rather than to subvert and impede, the exercise of the right to vote. Att'y Gen. v. Detroit, 78/553. REGISTRATION IN CITIES. (85) 3537. SEC. 2. Each city board shall, at least two Notice of weeks previous to the time of their meeting in each ward, SS n & cause to be published in one or more newspapers printed and re ^ stration - 24 STATE OF MICHIGAN. published in such city, a notice that the board of registration Time and will meet on the first Monday of October, in the year one meeting, thousand eight hundred and fifty-nine, at nine o'clock in the forenoon, to make a perfect list, as near as may be, of all per- sons residing in such ward, qualified as electors under the constitution; and designating the place in each ward where said board will meet for that purpose. And they shall also cause handbills to be posted in at least twenty conspicuous places in each ward, containing a similar notice of the time and place of such meeting of the board for that ward ; which notice shall also contain a true copy of section one of article seven of the constitution, relative to the qualifications of electors. And the board may so divide and classify them- selves that two or more of them may be assigned to different wards, the more speedily to complete the registration; and in case of the sickness or absence of any alderman, or his in- ability or refusal to serve at the session in any ward, the board shall, in writing, under the hand of their chairman, immediately appoint the assessor of the ward, or any justice of the peace, to act in his stead, who shall be, for the pur- pose of registration in that ward, deemed a member of the board of registration. They shall continue in session not less than three nor more than five days in each ward. All neces- sary blanks and instructions to aid the board in the dis- charge of their duties, and all other expenses in performing the same, including the employment of printers for printing such notices, and the registry lists, shall be provided by the board and be paid for by the city. (86) 3538. SEC. 3. At the time and place mentioned in such notice, the board, or those members thereof so classi- fied and assigned for that ward, shall meet and proceed to the registration in such book, which book shall be called the "Register of Electors" for such ward, of the names of persons at the time residing in such ward, and so qualified as fol- lows, to-wit: Their sessions shall be public, and during the first two days thereof they shall not write in the register the name of any person without a request made by him personally and in their presence; but shall allow him, if able and willing so to do, to write his own name therein in the proper place. In case of such request, the name of the elector shall be plainly written by a member of the board, who shall also note his residence as required by section one of this act. After the first two days of the session it shall be the duty of such board to proceed to complete the list, by writing in such register the names of all the remaining residents of the ward, known by them to be such and to be qualified as aforesaid, with the proper descriptions above mentioned; but they shall, during their whole session, permit any such qualified person resid- ing in the ward, whose name has not already been entered in the register, to write it there himself. Opposite to every name on such register shall be noted by the board the day and year of its entry, and during such session and all future Handbills to be posted. What notice to contain. Board may classify to facilitate registration. Duty of board as to vacancies. Length of session. Expenses, how paid. Duty of boards of registration. Sessions to be public. Registration, how made. LAWS RELATING TO ELECTIONS. 25 sessions of the board in any city or township, they may, for their better information in making the registration, have before them the poll list of the next preceding general elec- tion, charter election, or township meeting, to be returned to the proper keeper at the close of the session, and all such en- tries shall be made with ink. The board, at every session, shall have power, and it shall be their duty, to question every person presenting himself for registration, touching his resi- dence and other qualifications as an elector of the ward; and it shall be the duty of the applicant to make truthful answers to all such questions, and the board may, for the more per- fect examination of the applicant, swear and employ an in- terpreter, truly and impartially to interpret all such ques- tions and answers, and if the applicant shall, in his answers, make any material statement which is false, he shall, upon conviction thereof, pay a fine of not more than one hundred nor less than five dollars, and be imprisoned in the county statement. jail not more than thirty nor less than five days. ' BOARD OP REGISTRATION: Their duty as to the mode of determin- ing the qualification of voters. When a person applies to the board of registration for the purpose of having his name registered as a voter, and offers to be sworn as to his qualifications, it is> the duty of the board to examine such person upon his oath. They have no right to reject him on mere inspection. Where the return made by respondents denies that the relator was entitled to be registered as a voter, an issue will be directed to determine the fact. People v. Board of Registration of Nankin, 15 / 157. Where a person appears before the ward board of registration and claims to be registered, the board are bound to examine him under oath and hear testimony offered by him. They have no right to pass upon the question of his legal right by mere personal inspection. People v. Board of Regis- tration, 17/427. (87) 3530. SEC. 4. The name of no person but an what persons . -, a ,1 i , j-i , / n j_ j_ not entitled to actual resident of the ward at the time of the registration, registration. and entitled, under the constitution, if remaining such resi- dent, to vote at the then next general or charter election, shall be entered in the register. Neither the board, nor any member thereof, shall write or enter in the register the name of any person, nor suffer him to write or enter his name there- in, whom they know, or have good reason to believe, not to be such resident and so qualified; nor shall any person knowing or having good reason to believe himself not to be such resi- dent and so qualified, write his name therein, or cause it to be done; and every person so offending shall, upon convic- Penalty for tion, be punished for each offense by a fine of not more than five hundred nor less than twenty-five dollars, and be im- prisoned in the county jail not more than ninety nor less than ten days. RESIDENCE: The general act for the incorporation of cities of the fourth class provides that "the residence of any elector, not being a house- holder, shall be deemed to be in the ward or election district in which is located his regular place of lodging." See section 484. Charters of other cities generally contain special provisions of a similar nature. See resi- dence or domicile defined in Appeal of Rue High, 2 Doug. 523. The inten- tion of the elector is one of the most important inquiries involved in the question of residence. A man may have a residence in one place, although his family may be living elsewhere, if such is his intention. Harbaugh v. Cicott, 33 / 252. See further, as to intention, Warren v. Registration Board, 72 / 402 ; Beecher v. Com. Council, 114 / 228. As to students, persons in the public service, sailors and inmates of asylums, etc., see section 2. See, as to where the elector must vote, notes to section 1. As to change of 26 STATE OP MICHIGAN. elector's residence by alteration of boundaries of representative districts, see notes to section 12. REGISTRATION IN CITIES AFTER 1859. Registration (88) 3540. SEC. 5. On the second Saturday next preceding the general election, and on the seventh day (Sun- day excepted) next preceding the day of any regular charter election, or any special election, and on such other days prior to such date as shall be appointed by the common council of the city, not exceeding three days in all previous to any such election, the boards of registration of the city, to be constituted as aforesaid, shall be in session at such places in the several wards as they shall designate in their no- tices, to be published and posted up as hereinafter provided, from eight o'clock in the forenoon until eight o'clock in the afternoon, for the purpose of completing the lists of the qual ified voters; during which session it shall be the right of each and every person then actually residing in the ward, and who, at the then next approaching election may be a qualified elector, and whose name is not already registered, to have his name entered in the register, which shall be done in the manner above described; and such boards, and each member thereof, and each applicant for registration, is here- by vested and charged with the same rights, powers, duties and penal liabilities, touching the examination of applicants, as 5t V ofDetroit nere i nDe f re provided : Provided, That the provisions of this ' amendment shall not be applied to electors in the city of Detroit. Am. 1901, Act 32; 1911, Act 97. As to Detroit, see sections 3573-8, 3580-81, C. L., 1897. The laws to regulate elections, and to preserve their purity, and to guard against abuses of the elective franchise, must be reasonable, uniform and impartial, and must b~e calculated to facilitate and secure, rather than to subvert and impede, the exercise of the right to vote. Attorney General v. Detroit, 78 / 546. No registry law is valid which deprives an elector of his constitutional right to vote by any regulation with which it is impossible for him to comply. Id. Requirements which compel a naturalized elector to produce his certificate, or show by evidence other than his own oath that such certificate was issued, make an unfair and unnecessary distinction between native born and naturalized electors. Id. QUALIFIED ELECTORS : See section 1 and notes thereto. Notice to (89) 3541. SEC. 6. At least two weeks previous to the commencement of any such session, the board, at the expense of the city, shall cause a notice thereof to be printed and published in one or more newspapers in such city, designat- ing the place of holding the same, and shall cause the same notice to be printed in handbill form, and posted up in at what notice least ten conspicuous places in each ward ; which handbill shall contain. s hall also contain a true copy of the list of names then ap- Duty of pearing in the register for the ward. And immediately after SS8B3L the close of the polls of such election, the clerk of the board of inspectors of that election, and before the counting of the votes, shall, under the direction and by the assistance of the inspectors, insert and write upon or attach to such printed handbill, all the names of electors appearing on the register and not on such handbill, so that such handbill so corrected LAWS RELATING TO ELECTIONS. 27 shall be a true copy of the list then appearing in such reg- ister, and shall, with the inspectors, or a majority of them, certify and sign such copy, and file the same in the office of the county clerk, who shall carefully keep and preserve the same, and the same shall be evidence, prima facie, of the or- iginal; and in case of the loss or destruction of the original, the same, or a certified copy thereof, shall be used in its stead. The law requires the registration and poll lists to be preserved and filed. They are, therefore, public records and admissible as evidence of the facts therein stated. Att'y Gen. v. May, 97 / 574. (90) 3542. SEC. 7. At the close of their sessions, the List of board, or the members who made the registration in the par- [q S be tr med n ticular ward, shall sign the list, adding the date of their sig- Jjjjrk the city nature, and shall immediately deposit the same for safe keep- ing with the city clerk, who shall carefully preserve the same in his office until delivered as hereinafter provided. (91) 3543. SEC. 8. At any such general, special or List to be charter election in the city, and as soon, at least, as the poll Sectors in each ward is opened, the city clerk shall cause the proper of election. register to be placed in the hands of the inspectors of elec- tion, to be used by them during the same, and returned to the city clerk immediately thereafter; and they shall not receive the vote of any person whose name is not written therein. I>ut if any person shall offer and claim to vote at such elec- Names may tion, whose name is not so registered, his name may be reg- onth? S day ed istered by the clerk of the election, under the direction of the of election - inspectors, upon the same terms and conditions hereinafter prescribed for the like cases arising at elections in townships, substituting ward for township; and both the applicant and the qualified elector shall be subject to the same penalties prescribed in cases so arising. The object of a registry law, or of any law to preserve the purity of the ballot box, and to guard against abuses of the elective franchise, is not to prevent any qualified elector from voting, or unnecessarily to hinder or im- pair his privilege. Att'y Gen. v. Detroit, 78/546. A registration law is unreasonable which contains no provision by which an elector who is sick on the days fixed for registration can vote on election day. Id. No elector can lose his right to vote, the highest exercise of the freeman's will, except by his own fault or negligence. Id. In order to prevent fraud at the ballot box, it is proper and legal that all needful rules and regulations be made to that end ; but it is not necessary that such rules and regulations shall be so unreasonable and restrictive as to exclude a large number of legal voters from exercising their franchise. The power of the legislature in such cases is limited to laws, regulating the enjoyment of the right, by facilitating its lawful exercise, and by preventing its abuse. The right to vote must not be impaired by the regulation. It must be regulation, not destruction. Id. REGISTRATION IN TOWNSHIPS. (92) 3544. SEC. 9. It shall be the duty of the board Registration of registration in each township, to wit : The supervisor, whoTo treasurer and clerk thereof, and in case of the absence of any board he of them, or his inability to serve, the justice of the peace not holding the office of supervisor or town clerk, whose term of office will first expire, to provide, at the expense of the township, the like book for their township for the purposes of 28 STATE OF MICHIGAN. Books of registration, how arranged. Proceedings at township elections in 1859. the like registration of the qualified electors thereof, to be ar- ranged in the same manner, save that in cases where the elector does not reside within the limits of an incorporated village, a description of his residence may be omitted; but in case he resides within such limits and in the township, a description of his residence by the street, and the number of the dwelling, or other brief but intelligible method; and the names of such resident electors of the village, shall be written in said register in a list separate and distinct from those of other electors of the township, so as to exhibit a correct reg- istration for the village; which list shall be called the village election register. QUALIFIED ELECTORS : See section 1 and notes thereto. When a per- son is registered in a ward or precinct, he is presumed to be a legal voter there. Harbaugh v. Cicott, 33/250. REGISTRATION IN TOWNSHIPS IN 1859. (93) 3545. SEC. 10. At the annual meeting of each township, on the first Monday of April, in the year one thou- sand eight hundred and fifty-nine, the township treasurer shall, at a place as near as practicable to that of the meeting, and of convenient access to the electors, have said book or register in readiness for the entry of their names, and each qualified elector residing in the township may then write his name at length in the proper place in said register, if able and willing to do so, or the treasurer shall, upon request made in his presence by the elector, personally, write the name of such elector in its proper place. And in all cases under this act the board, or the members thereof, receiving or making the entry of a name, shall note or cause to be noted the day and year thereof. During such township meet- ing, and during all future sessions of the board, the town- ship poll list of the next preceding general election or town- ship meeting, shall be before him or them for their better in- formation in making the registration, to be returned to the clerk at the close of the meeting or the session. The super- visor or other person or persons charged by law with the assessment of property in the township for the purpose of state taxation, shall, while making such assessment, and in connection with the performance of that duty, in the year one thousand eight hundred and fifty-nine, have with him the said register, and shall allow each qualified elector residing in the township whose name has not been entered therein, to write the same, or shall himself, at the like personal request of the elector, write the same therein at the proper place, and shall, after completing his valuation of property, and on or before the first day fixed by law for reviewing his assessment, deposit said register with the township clerk, who shall care- fully keep and preserve the same in his office. Board to have access to township poll list. Supervisors to register names while making Register to be deposited with town- ship clerk. LAWS RELATING TO ELECTIONS. 29 (94) 3546. SEC. 11. After the year one thousand eight hundred and fifty-nine, it shall be the right of any such how made'. qualified elector residing in the township, and entitled to vote at the next election therein, and whose name has not been registered, on any day except Sunday, the days of the session of the board of registration, and the days intervening between them and the next approaching election, to apply to the supervisor, township treasurer, or township clerk, in per- son, for the registration of his name, and if, upon such ex- amination, as is required by the next following section of this act, the supervisor, treasurer, or clerk shall be satisfied that such applicant is a resident of the township, and otherwise qualified and entitled to vote in such township at the next election to be held therein, the name of such applicant shall be written, either by himself or by the supervisor, treasurer, or clerk, upon a separate paper to be kept by the supervisor, treasurer, or clerk, his residence described, and the date of the entry noted, as required in the two last preceding sec- tions, which paper shall be laid before the board of registra- tion of each township, at its next meeting for examination and review, and the names of such persons appearing there- on as the board shall be of opinion are qualified electors at the then next election, and entitled to vote thereat, may, by some member of the board, and under their direction, be en- tered in a proper register, in the manner above set forth, and every applicant to the supervisor, treasurer, or clerk, so traton. causing his name to be entered upon such separate paper, knowing or having good reason to believe himself not to be such resident and qualified to vote in such township at the then next election, shall, upon conviction thereof, be punished by fine and imprisonment, as provided in the thirteenth sec- tion of this act. REGISTRATION IN TOWNSHIPS AFTER 1859. (95) 3547. SEC. 12. On the second Saturday next pre- Townships. ceding the general election and the annual township meet- ing, and preceding any special election, after the year eighteen hundred fifty-nine, the board of registration of each township shall be in session at the office of the township clerk, from nine o'clock in the forenoon until five o'clock in the afternoon, for the purpose of completing the list of qualified electors; during which session it shall be the right of each and every person who, at the next approaching election or township meet- ing, may be a qualified elector and entitled to vote thereat, and whose name is not already registered, to have his name duly entered on such register, which shall be done in the manner above set forth. The board shall have the power, and interpreter. it shall be its duty, and the duty of the clerk, and of the supervisors individually when acting under this statute, to question every person presenting himself for registration, touching his residence and his other qualifications as an elec- 30 STATE OF MICHIGAN. False statement. tor of the township, and it shall be the duty of the applicant to make truthful answers to all such questions. The board, supervisor, clerk or treasurer, as the case may be, may for the more perfect examination of the applicant swear and employ an interpreter truly and impartially to interpret such questions and answers. If any such applicant shall in his answers make any material statement which is false, he shall upon conviction thereof pay a fine of not more than one hundred dollars nor less than five dollars, and be impris- oned in the county jail not more than thirty nor less than five days. Am. 1911, Act 97. See People v. Bd. of Registration. 17 / 428 ; People v. Bd. of Registration, 15 / 156. (96) 3548. SEC. 13. The name of no person but an actual resident of the township at the date of the registra- tion, and entitled, under the constitution, if remaining such resident, to vote at the then next election or township meet- ing, shall be entered in the register. Neither the board, nor any member thereof, shall write or enter therein the name of any person, nor suffer him to write or enter his name therein, whom they know or have good reason to believe not to be such resident and so qualified ; nor shall any person, knowing or having good reason to believe himself not to be such resi- dent and so qualified, write his name therein ; and every per- son so offending shall, upon conviction, pay for each offense a fine of not more than five hundred nor less than twenty- five dollars, and be imprisoned in the county jail not more than three months nor less than ten days. QUALIFIED ELECTORS : See section 1 and notes thereto. RESIDENCE: See note to section 87. Who not entitled to registration. Penalty for fraudulent registration. Township clerk to de- liver register to inspectors on day of election. Names may be registered on election day. (97) 3549. SEC. 14. At such election or township meeting, and as soon, at least, as the poll is opened, the town- ship clerk shall cause the register to be placed in the hands of the inspectors of the election, to be used by them during the election, and to be returned to the clerk immediately thereafter; and they shall not receive the vote of any person whose name is not written therein. But in case any person shall offer and claim the right to vote whose name is not so registered, his name may then be registered by the clerk, under the direction of the inspectors, upon the terms and con- ditions following: One of the inspectors shall administer to him an oath in the following form, viz.: You do solemnly swear that you will true answers make to such questions as shall be asked you touching your qualifications as an elector at this poll, so help you God; or an affirmation to the same effect, which oath or affirmation, if he be unable to under- stand the English language, may be interpreted to him by an inspector, or interpreter sworn by an inspector, which inter- LAWS RELATING TO ELECTIONS. 31 preter shall also interpret his answers to the inspectors. If Conditions of iii 111 t j j- i J.T_ j_ u !_ such regist ra- ill his answers on oath, he shall state positively that he has tion. resided in the township ten days next preceding said election, designating, particularly, the place of his residence, and that he possesses the other qualifications of an elector under the constitution, stating such qualifications; and shall, further- more, swear that, owing to the sickness or bodily infirmity of himself, or of some near relative residing in the same house- hold (giving the name of said relative), or owing to his ab- sence from the township on public or official business, or his own business, and without intent to avoid or delay his regis- tration, during the then last session of the board, he has been prevented from causing his name to be previously registered ; and if, furthermore, some qualified elector of the township, and not a candidate for any office at that election, shall take an oath before said inspectors, which oath any one of them may administer, that he is well acquainted with such appli- cant, that he has in fact resided in the township ten days pre- vious to such election, and that he, the freeholder [qualified elector], has good reason to believe, and does believe, that all the statements of such applicant are true, the inspectors may, in their discretion, direct the clerk to register his name in the proper place, with the proper date; and if such appli- Penalty. cant or such qualified elector shall, in said matter, wilfully make any false statement, he shall be deemed guilty of per- jury, and, on conviction, be subject to the pains and penalties thereof. TEN DAYS: Now twenty. See section 1. REGISTRATION ON ELECTION DAY: Where a person applies for regis- tration on election day. the inspectors act upon discretion and are not com- pelled to admit a vote, unless satisfied of its legality. (Per Campbell, J.) People v. Cicott, 16 / 302. If an elector is unable to attend the meetings of the board for certain specified reasons, he may be registered on election ' day upon taking the prescribed oath. Att'y Gen. v. McQuade, 94 / 441. (98) 3550. SEC. 15. Any person offering to vote at any such election, in a city, township, or village, whose name is not written in the proper register, may be objected to, and his vote challenged for that cause by any elector present and entitled to vote at that poll; and on such challenge being made, the inspectors shall, if on inspection they find his name not so written in the proper register, refuse the vote. But nothing in this act contained shall be held or construed in any way to affect or impair the right of any inspector or elec- tor to challenge any person offering to vote, nor the effect of such challenge, as now established by law, or as such right and such effect may hereafter be established : Provided, how- Proviso. ever. That the vote of no person shall be received whose name is not so registered. (99) 3551. SEC. 16. Any person knowing that his Penalty for name is not so registered, who shall vote or offer to vote at l any such election, either in a city or township, and every in- spector knowing such name not to be so registered, wilfully and corruptly consenting to receive such vote, shall, if the 32 STATE OF MICHIGAN. vote be received by reason of such consent, be, for every such offense, punished as above provided in section thirteen of this act; and on the trial of the person so voting or offering to vote, the presumption shall be that he knew his name was not so registered. (100) 3552. SEC. 17. The name of no person shall be registered in any township or ward where he does not actu- ally reside at the time of the registration; and every person who shall wilfully register, or cause or procure, by entice- ments or other means, the name of any person to be registered contrary to the provisions of this act, shall, upon conviction of any such offense, be also punished as above provided in section thirteen of this act. Actual residence a condition of registration. Penalty. Board to review and correct lists. Provisions for a subsequent registration. Conditions. Penalty. Penalty for false entry. DEATH AND REMOVAL OF ELECTORS. (101) 3561. SEC. 18. At every session of the board of registration of any township or ward, after the year one thousand eight hundred and fifty -nine, it shall be their duty to review the list of names in their register, and if it shall have come to their knowledge that any person, whose name has been registered, has died, or has removed therefrom, and ceased to reside therein, they shall place the letter "D" against the name of the deceased person, and the letter "R" against the name of the person who has so removed, with the date of the entry, and the initials of the member making it, so as to show by whom and when made, and thereafter such name shall be considered and treated as no longer on the list, and shall be omitted in the copies above provided for. But if it shall happen that such entry was erroneously made, and such person shall thereafter appear at any election and claim the right to vote thereat, his name may, on his application, be again registered upon the following terms: He shall, upon his oath or affirmation, which any member of the board of inspectors or the board of registration may administer, declare that he has not removed from, but is still a resident of the township or ward, and is otherwise a qualified elector and entitled to vote ; and on making such oath or affirmation, his name may be registered in the manner above described, either by the board of registration or the board of inspectors ; and if such applicant shall swear or affirm falsely, he shall be subject to the pains and penalties of perjury. But in case such entry shall be made falsely, maliciously, and without credible information, the member of the board making it shall be deemed guilty of a misdemeanor, and punished as such, and the party aggrieved shall be entitled to recover of him in an action on the case, treble damages for the injury, and treble costs of suit in any court having jurisdiction of the cause, and the record of the defendant's conviction of the criminal offense, duly authenticated, shall be prima facie evi- dence of his liability* LAWS RELATING TO ELECTIONS. 33 (102) 3562. SEC. 19. It shall be the duty of any city <*gy te / fur or township clerk, except during the session of the board, or nlfhecTby r " on days of election, on the demand of any qualified elector of the ward in such city, or of such township, on payment or tender of his legal fees, to make out, certify, and at his office deliver to such elector a time copy of the contents of the register of election of such ward or township, for Which he shall be entitled to receive at the rate of fifty cents for every one hundred names. (103) 35G3. SEC. 20. Whoever shall wilfully cut, burn, Destroyer mutilate, or destroy any such register of electors, or copy thereof filed for preservation, or shall unlawfully take and larcen y- carry away the same, or unlawfully conceal or refuse or neglect to surrender the same, with intent to prevent its be- ing used as authorized by law, shall be deemed guilty of lar- ceny; and whoever shall falsify any such register or copy by Falsifier, etc., unlawfully erasing or obliterating any name or entry law- 2uittyof er ' fully made therein, or by unlawfully inserting therein any forgery. name, note, or memorandum, with intent thereby to influence or affect the result of any election, or to defraud any person of an election to office, shall be deemed guilty of forgery ; and Penalty, the person so offending shall, for every such offense, be pun- ished by imprisonment in the state prison not more than five rears, or by fine not exceeding five hundred dollars and im- prisonment in the county jail not more than one year nor less than ninety days. (104) 3564. SEC. 21. To the end that the contents of Township such registers may not be lost, it shall be the duty of every copies* of reg- township clerk, within twenty days after each general elec- ^^^6^ tion, to make, certify, and transmit to the county clerk of the and township proper county, and also to the township treasurer, a true tr copy of sudi contents, to be by such county clerk and town- ship taggjarer filed and preserved in his office; for which, when received, he shall give such township clerk a receipt; and such township clerk shall be entitled to receive therefor, Fees. from the township, at the rate of fifty cents for every one hundred names. And such copy, or a copy thereof, certified certified by Hie county clerk or township treasurer, shall be prima e^F/ence. 6 facie evidence of the contents of the original, and in case of the loss or destruction of the original, shall be used in its stead. VILLAGE ELECTIONS. (105) 3565. SEC. 22. Whenever any village shall be set Duty of off, organized, or incorporated, by act of the legislature, or inspec by the board of supervisors of any county, pursuant to the laws of this state, it shall be the duty of the persons named or appointed to act as inspectors of the first election to be held in such village, to procure from the clerk of the township or of the townships respectively, within which such village 34 STATE OF MICHIGAN. Duty of town- may wholly or in part lie; and it is hereby made the duty of the township clerk to furnish to them, at the expense of such village, from the register of the electors of the township or townships within which such village is situated, a true copy of the names of all the electors residing within the limits of such village, contained upon the registration books of such township or townships, for a village election register for such first election, such copy or list to be certified to by the clerk of the township, and to be delivered to the said inspectors of election appointed for such village, to be used for the pur- pose of such first village election, in the same manner and to the same effect as is above provided for the general election eStonand f an ^ township meetings in townships, as near as may be ; and applicants 1 for there are hereby given to the inspectors of any such village registration, election, the same power and authority, and to applicants for registration the same rights and privileges, which are given to township inspectors, and to applicants at township elec- tions respectively, at such elections; and such inspectors and applicants, and other persons mentioned in the foregoing pro- visions regulating elections in townships, are charged with the same duties, and subject to the same penalties and liabilities as are provided in like cases at such elections in townships; and the vote of no person shall be received at such election whose name is not written in such register, or in the copy when copies thereof used by the inspectors of such first election. Such copy Sshed befur ~ of the township election register for the use of such village election, shall be furnished at least ten days previous to the time fixed for holding such first village election, on the appli- cation of the persons named as such inspectors, or either of them; and if no persons are named as such inspectors, upon the written request of any three qualified electors in said vil- lage, to be delivered to the proper inspectors when appointed Duty, etc., of and chosen, and to be used as above specified and provided. It JESS? a l shall be the duty of the president and trustees of every vil- lage, after the same shall be fully organized, to conduct the registration of electors in isuch village for village elections, and for such purpose shall give at least ten days' notice, by publication in a public newspaper, or by posting notices in not less than six public places in said village, of the annual meeting of the village board of registration for such village; and on the Saturday next preceding the time specified for holding the annual village election, the president and trus- tees, or three of their number, shall meet as a board of regis- tration for such village; and all the proceedings of such board shall be conducted, and the board shall possess and exercise the same duties and powers, and be subject to the same liabilities, and the electors shall be entitled to all the rights and privileges, in making such registration, as pro- vided herein for registration in townships, as nearly as the same can be made applicable to such registration and elec- tion. LAWS RELATING TO ELECTIONS. 35 (106) 3566. SEC. 23. If any person, falsely personal- voting under ing any qualified elector, whose name is registered, shall, at name! 6 any election, vote or offer to vote in the name of such elector, or if any person shall knowingly encourage or persuade any such person to vote or offer to vote, or if any person, assum- ing a false or fictitious name, shall vote or offer to vote by that name, or shall enter or cause to be entered upon the register as his own a false name, the person so offending Penalty. - shall, for every such offense, be punished as above provided in section twelve of this act. (107) 3567. SEC. 24. The recorder's court in the city what courts of Detroit shall have cognizance and jurisdiction of all of- d?ction, e etc. ns fenses under this act, committed within the limits of said city, and the offender may in all cases be there proceeded against by information, as provided by the charter of said city or any other statute applicable thereto. In all other cases the circuit or district court for the proper county shall have cognizance of such offenses committed within the county ; and in cases where the punishment is by such fine or such imprisonment, one or both, as the justice's court may im- pose, the proper justice's court shall have cognizance and jurisdiction thereof. (108) 3568. SEC. 25. Any willful violation of duty by violation of any person charged with the execution of this act or any pro- vision thereof not herein particularly provided for, shall be deemed a misdemeanor, and the person guilty thereof shall be punished accordingly. And it is hereby made the duty of every circuit and district court, in its charge to the grand et jury, to call their special attention to the necessity of making JSS P anomey. diligent and careful inquiry touching offenses arising under this act; and also the duty of every prosecuting attorney, whenever he shall receive credible information that any such offense has been committed, to cause the same to be prose- cuted. (109) 3569. SEC. 26. It shall be the duty of every city City and town- clerk and township clerk, annually, in the month of Novem- report 16 ? 8 to ber, to forward by mail to the secretary of state of this state, O e f c s r ^ t a e ry at the seat of government, the aggregate number of names not marked with the letter "D" or "K," appearing in the reg- ister for such city or township, omitting the names. And the Du ty f secre- secretary of state is hereby required to keep a record thereof tary in such manner as to show the number of votes in such city and township, arranged in alphabetical order, in a book to be kept for that purpose. And he shall, within twenty days from the approval of this act by the governor, cause a printed copy of the same to be forwarded by mail to every such city and township clerk in the state. (110) 3570. SEC. 27. Each member of a city board of Compensa- registration, while acting under this act, shall be entitled to tion< receive two dollars a day for every day he shall actually serve in performing his duties, to be paid by the city. And 36 STATE OF MICHIGAN. Oath. each member of a township board shall receive the same com- pensation as now provided for inspectors of elections. (Ill) 3571. SEC. 28. Each member of a board of reg- istration shall, before he enters upon the discharge of his duties under this act, make and subscribe the oath of office contained in the first section of article eight of the constitu- tion. FORM OF OATH : Evidently means form specified in Art. XVI, section 2 of constitution, see section 73 of this compilation. Shlt s form iri (H2) 3572. SEC. 29. Every register shall be of good arranged. paper, well bound, and arranged alphabetically in the follow- ing form, as near as practicable: DATE. NAME. RESIDENCE. REMARKS. Time for meet- ing of board in Wayne Co., outside De- troit, and duration of session. When former registry shall be deemed invalid. REGISTRATION IN WAYNE COUNTY. (113) 3579. SEC. 36. The boards of registration in each township, village, or city, respectively, in the county of Wayne, outside of the city of Detroit, shall cause a session of the said respective boards to be held on the first Monday in October, in the year eighteen hundred and seventy- two, and on the first Monday in October in every fourth year thereafter, for the purpose of making a re-registration of the qualified electors of each town, village, city, ward, or election district therein. The said several respective boards shall be in session on the first Monday in October, aforesaid, and for not less than three nor more than six days thereafter, from nine o'clock in the morning to one o'clock in the afternoon, and from two o'clock to five o'clock in the afternoon, and shall be provided with the proper blank books for registering the names of voters, of the form heretofore used, and shall have the same powers, and perform the same duties as are conferred upon or required of boards of registration under the act aforesaid and the acts amendatory thereto, and the same rules and requirements shall be observed in such re- registration, in all respects, as were required in the original registration under said act. When such registration shall be completed, the former registry of electors in such townships, cities, villages, or election districts shall henceforth be deemed invalid, and shall not be used at the ensuing elections, and no person shall vote at any public election in said towns, cities, or villages, after such re-registration, whose name shall not be registered anew under the provisions of this section, or be afterwards properly entered on such new registry ac- cording to the provisions of said act. The provisions concern- ing a re-registration in the city of Detroit shall apply to the aforesaid cities as far as the same may be adapted thereto. Registration in Detroit city, see sections 3573-8, 3580-81, C. L., 1897. LAWS RELATING TO ELECTIONS. 37 REGISTRATION IN NEW TOWNSHIPS. ] ' An Act to provide for the registration of electors in new townships. [Act 4, S. D., 1869.] The People of the State of Michigan, enact: (114) 3553. SECTION 1. That the persons named in the inspectors to act erecting any new township, as inspectors of election, board^ofreg- whether passed by the legislature of this state, or the board ^ration. of supervisors of the proper county, shall constitute a board of registration for such new township, until such officers are elected and qualified as provided by law. (115) 3554. SEC. 2. Such inspectors shall meet in the Meeting of capacity of such board of registration, on the Saturday next board - preceding the first township meeting in such new township, at the place mentioned in the act providing for the organiza- tion thereof, for holding such first township meeting, and Act of 1359 to shall be governed, in all respects, by the provisions of act govern act i n - number 177, of session laws of 1859, which pertain to regis- tration of electors in townships, as far as the same are appli- cable, except as is hereinafter provided. The act referred to above precedes this act, see especially sections 92-100. (116) 3555. SEC. 3. The name of any person may be who may registered at such first township meeting, who shall make due re ister - proof, by his own oath, before the board of inspectors of such meeting, that he is possessed of the qualifications of an elec- tor in such new township, under existing laws, other than that requiring registration. (117) 3556. SEC. 4. The members of such board of Election of registration hereby created, shall elect one of their number {Jj man and chairman, and another clerk of said board, who shall re- pow ers and spectively possess the same powers and perform the same du ties of. duties which belong to and devolve upon the supervisor and township clerk, while acting on a board of registration in an organized township, as now provided by law. (118) 3557. SEC. 5. In case one or more of the per- vacancies on sons appointed as such inspectors of election hereinbefore ' 11 how mentioned shall, from any cause, fail to appear at the place specified for the holding of such first township meeting, to form a board of registration, as herein provided, such va- cancy or vacancies on said board shall be filled from among the electors, by a majority vote of the electors present at the hour appointed for opening the session of said board. (119) 3558. SEC. 6. It shall be the duty of such board Notice of of inspectors, or the surviving member or members thereof, in case of the decease or removal of one or more of the same, to give public notice of such meeting, for the purpose afore- 38 STATE OP MICHIGAN. said, by causing a written or printed notice, which shall state the object of such meeting, the time when, and the place where the same is to be held, to be posted in five of the most public places in such new township at least fifteen days pre- vious to the time of holding said meeting. BOARDS OF REGISTRATION NOT TO MEET NEAR CERTAIN PLACES. An Act to prohibit boards of registration from holding sessions in or near places where intoxicating liquors are sold or kept for sale, and to prescribe penalties for the violation of the provisions of this act. [Act 23, P. A. 1889.] The People of the State of Michigan enact: Board of regis- (120) 3559. SECTION 1. That it shall be unlawful for tration, where **<*** , , /. -, ,, > not to meet, the board of registration of any township, village or city in this state, or of any election district or voting precinct there- in, to meet or hold any session for the purpose of registering the electors thereof, in any room or building where intoxi- cating liquors are sold or kept for sale, or any room adjacent to a room w^here such liquors are sold or kept for sale, or connected by hall or doorway with such room or saloon where intoxicating liquors are sold or kept for sale. (121) 35(>0. SEC. 2. Any person or persons violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof be punished by a fine not less than fifty nor more than two hundred dollars and the costs of his prosecution or by imprisonment in the county jail not less than thirty days nor more than six months, or both such fine and imprisonment in the discretion of the court. Violation a misdemeanor. Punishment. General elec- tion, when held. CHAPTER III. GENERAL AND SPECIAL ELECTIONS. An Act to provide for holding general and special elections. [Act 175, S. L. 1851.] The People of the State of Michigan enact: (122) 3595. SECTION 1. That a general election shall be held in the several townships and wards of this state, on the Tuesday succeeding the first Monday of November, in the year eighteen hundred and fifty-two, and on the Tuesday suc- ceeding the first Monday of November, every second year thereafter, at which there shall be elected so many of the fol- LAWS RELATING TO ELECTIONS. 39 lowing officers as are to be chosen in such years respectively, that is to say : A governor, lieutenant governor, secretary of Officers to be state, state treasurer, auditor general, attorney general, su- perintendent of public instruction, commissioner of the state land office, members of the state board of education, electors of president and vice president of the United States,, repre- sentatives in congress, the senators and representatives in the state legislature, and the following county officers, viz.: Judges of probate, sheriffs, clerks, treasurers, registers of deeds, prosecuting attorneys, and such other officers as may by law be required to be elected at such general election : Pro- Proviso, vided, The provisions of this section shall not apply to the election of the senator and representatives in the state legis- lature, nor to the election of county officers, in that portion of the state denominated the upper peninsula, as described in section one, article nineteen, of the revised constitution, and such other territory as may be attached thereto for election purposes. On the first Tuesday of November, eighteen hun- dred and fifty-one, there shall be elected a governor and lieu- tenant governor, whose term of office shall commence on the first Monday of January, eighteen hundred and fifty-two, and who shall hold their respective offices until the first day of January, eighteen hundred and fifty-three, and until their successors are elected and qualified; which election shall be conducted in the manner provided by the constitution and laws in force on the thirty-first day of December, eighteen hundred and fifty; and the returns and canvass of votes given thereon shall be proceeded and determined in the same man- ner herein provided for the same officers to be elected at gen- eral biennial elections. Superintendent of public instruction and state board of education now elected at April election. TOWNSHIPS: The townships in which elections are held must be organ- ized townships. People v. Maynard, 15 / 468. Nor can the election for a township be held within the corporate limits of a city located within such township. People v. Knight, 13 / 424. GENERAL ELECTION : The term "general election" means the biennial November election. People v. Palmer, 91 / 286 ; Westinghausen v. People, 44 / 268 ; People v. Lord, 9 / 227. So far as the election of judge of pro- bate is concerned an election at any other time must be regarded as a special election. People v. Palmer, 91 / 286. CONDUCT OP ELECTIONS : Statutory provisions prescribing the con- duct of elections are to be regarded as directory only, except where they are of such a character that a failure to comply with them would have the effect to prevent or obstruct the complete expression of the popular will or the production of satisfactory evidence thereof. People v. Cicott, 16/323 (Cooley, J.). See People v. Sackett, 14/320; Lindstrom v. Can- vassers, 94 / 469. As to statutory provisions requiring notices of elec- tions, see People v. Witherell, 14 / 48 ; People v. Hartwell, 12 / 508 ; Secord v. Foutch, 44 / 92. Irregularities on the part of election officers do not necessarily defeat the election, but may require it to be subjected to rigid scrutiny. People v. Sackett, 14 / 320. An election is not to be set aside because of an irregularity, unless it appears that that irregularity affected the result. People v. Cicott, 16/324 (Cooley, J.). Even where the statu- tory provisions disregarded are mandatory, the irregularity does not neces- sarily defeat the election, if the means exist of determining the result. Id. ; People v. Van Cleve, 1 / 362 ; People v. Higgins, 3 / 233 ; People v. Bates, 11/362; Keeler v. Robertson, 27/116. Illegal votes will not be allowed to affect the result, except where it can be shown for whom they voted. People v. Cicott, 16 / 283. As to irregular adjournment of the elec- tion from one place to another, see Farrington v. Turner, 53 / 27. As to certain other irregularities, see People v. Avery, 102 / 572. UPPER PENINSULA : The proviso was enacted when the constitution 40 STATE OF MICHIGAN. provided for elections in the upper peninsula on the last Tuesday of Sep- tember. But the constitution now makes no distinction between the two peninsulas as to date of election. In what cases special elec- tions may be held. (123) 3596. SEC. 2. Special elections may be held in the following cases, and for the election of the following offi- cers, viz. : 1. When a vacancy shall occur in the office of senator or representative in the state legislature, representative in con- gress, judge of the circuit or district court, regent of the uni- versity, or member of the state board of education; 2. When there has been no choice at a general election of representative in congress; 3. When the right of office of a person elected to any of the aforesaid district or county offices shall cease before the commencement of the term of service for which he shall have been elected; 4. When a vacancy shall occur in either of the said county offices after the commencement of the term of service, and more than six months before the next general election; 5. When, in any other case of a vacancy not particularly provided for in this section, the governor shall, in his discre- tion, so direct. SUBDIVISION 3 : The death of an officer elect before qualification and before the expiration of the term of the incumbent, creates no vacancy to be filled by appointment, but the full term must be filled by special election under this subdivision. Lawrence v. Hanley, 84 / 399 ; People v. Lord, 9 / "SUBDIVISION 4 : People v. Palmer, 91 / 286. Filling vacancies in office of county clerk. Section 450. Register of deeds. Sections 414, 450. County treasurer. Section 406. Sheriff, coroner and county surveyor. Sec- tion 450. cTes e ma aC b a e n " ( 124 ) 3597. SEC. 3. A vacancy in either of the offices niied m at y gen- named in the first section of this act, which shall not have [0ns< been supplied before a general election, may be supplied at such election. This section is merely permissive. Secord v. Foutch, 44 / 92. See annotations under section 131 infra. When special elections not to be held. When to be ordered by board of supervisors. (125) 3598. SEC. 4. No special election shall be held within three months next preceding a general election, ex- cept in cases where the governor shall order a special elec- tion. (126) 3599. SEC. 5. Special elections for the choice of the county officers named in section one of this act shall, except in cases in which a special election is to be ordered, by the governor, be ordered by the board of supervisors. Lawrence v. Hanley, 84 / 404 ; People v. Palmer, 91 / 287. (127) 3600. SEC. 6. Special elections shall be held and continued one day only, and shall be conducted, and the re- sult thereof canvassed and certified in all respects, as near as may be, in like manner as general elections, except as otherwise directed. LAWS RELATING TO ELECTIONS. 41 (128) 3601. SEC. 7. In elections for the choice of all officers named in the first section of this act, the persons hav- ing the greatest number of votes shall be deemed to have been duly elected. PLURALITY ELECTS : In general elections in this state we have adopted, and constantly act upon, the principle that plurality elects, and whenever, as, in some cases, in the board of supervisors and some municipal charters, a majority of the body voting is required, it is especially stated in the law. Conrad v. Stone, 78/639. . _. (129) 3602. SEC. 8. Whenever the time fixed by the law Election of of congress, for the election of electors of president and p^SSit f and vice president of the United States, shall not occur on the vice president. day appointed for holding the general election, such election for electors of president and vice president shall be held on the day so fixed by the law of congress therefor. (130') 3603. SBC. 9. All the provisions of law rela- idem, ting to the notifying and holding of the general elections, and the election of electors of president and vice president thereat, shall apply to every such election held pursuant to the provisions of the preceding section; and the votes given for such electors shall be returned and canvassed, and the re- sult determined in the same manner in all respects, and with tlie like effect, as in case of the election of such electors at a general election. NOTIFICATION OP ELECTIONS. (131) 3604. SEC. 10. When a vacancy shall occur in secretary of the office of judge of the supreme court, of judge of the cir- n et therefrom; it shall then be locked, and the key thereof de- livered to one of the inspectors, to be designated by the board. The said box shall not be opened during the election, except as provided by law in case of adjournments. 46 STATE OF MICHIGAN. Chairman of board. Board of election com- missioners. , Proviso. (146) 3619. SEC. 8. When the supervisor shall be one of the board, he shall be chairman thereof; but if he be ab- sent, such one of their number as the inspectors shall desig- nate, shall be chairman. (147) 3620. SEC. 9. In each county of the state the judge of probate, county clerk and county treasurer shall con- stitute a board of election commissioners, two of whom shall constitute a quorum and of which board the judge of probate shall be chairman and the county clerk shall be secretary: Provided, That in the counties of Kent and Wayne, the board of county canvassers, together with the county clerk, who shall not be entitled to vote on said board, shall constitute a board of election commissioners, two of whom shall con- stitute a quorum. In the counties last above specifically men- tioned, the chairman of said board of county canvassers shall be chairman of the board of election commissioners, and the county clerk shall act as clerk of said board, but in the event of his unavoidable absence the board may select one of his deputies to act in his stead, and in case of a vacancy in said board of county canvassers, acting as a board of election com- missioners, the members of the board who are present may fill said vacancy. When the said board of election commis- sioners is made up of the board of county canvassers the mem- bers of said board shall receive the same compensation as they are entitled to by law for their services when acting as a board of county canvassers. It shall be the duty of said board to prepare a sufficient number of ballots, at least two to each elector, according to the vote at the last preceding general election, for election of all officers for whom the elec- tors are entitled to vote, and for all proposed constitutional amendments or other questions to be submitted to the electors for popular vote in compliance with the provisions of law. Am. 1907, Act 189; 1911, Act 158. OTHER QUESTIONS : There may be occasion for the action of county boards of election commissioners in cases not covered by section one of this act. Such a case occurs upon the submission of the question of the removal of the county seat. Peck v. Supervisors, 102 / 355. CONSTITUTIONAL AMENDMENTS : Act to secure publicity of amend- ments to the constitution, see sections 583-4 infra. Board of (148) 3621. SEC. 10. The said board of election com- miSioners" 1 " missioners shall cause to be printed on the ballot or ballot duty of. label or slips to be placed on a voting machine when used, the names of the candidates nominated by the regularly called conventions or primary election of any party, and it shall be state, dis- ^ ne duty of the stte, district or county committee of each committees 1117 political party to forward to the chairman of the said board of election commissioners of each county in the state, not less than twenty days prior to any such election, a copy of the vig- nette adopted by them and the names of all candidates nomi- nated at any regularly called convention or primary at which candidates for any of the offices mentioned in section one of this act shall be nominated, and no other names, unless authorized and instructed by said convention, except that in Compensation. Number of ballots. LAWS RELATING TO ELECTIONS. 47 the county of Wayne such county and district committees Wayne county shall perform such duty not less than ten days prior to any c< such election. All the names of parties so nominated shall be who to certify certified to by the chairman and secretary of the respective committees: Provided, That it shall be unlawful for said Proviso as to board of election commissioners to cause to be printed or gam^ 8 f placed in more than one column on the ballot or voting ma- chine the name of any candidate who shall have received the nomination by two or more parties or political organizations for the same office. Any person so receiving the nomination Nominee of for the same office by two or more parties or political organ- Ipecify^ffoice^ izations shall, within five days after his name has been certi- fied to said election commission as having been nominated by two or more political parties for the same office, give notice to the board of election commissioners of each county in the state, if said nomination be for a state office, and to the board of election commissioners of each county in the district, if said nomination be for a congressional, judicial or legislative office, and to the board of election commissioners of the county, if such nomination be for a county office, specifying in such notice the column of which party or political organi- zation on the ballot or voting machine he wishes his name to be printed or placed, and said board of election commission- ers shall print or place the name of such candidate in such column on the ballot or voting machine so specified by him, and in no other column. Such notice shall be given to said Notice, how election commissioners by delivering the same either in per- given son or by depositing the same in the post office in a sealed envelope with postage prepaid, directed to the chairman of such board of election commissioners at the county seat of the respective counties, except that in the county of Wayne in Wayne such notice shall be given by a nominee for a county, judicial count y- or legislative office within said county, within three days after his name has been so certified as having been nominated by two or more political parties: Provided, That in case Proviso, when any such candidate so nominated by two or more parties or political organizations for the same office, and w r hose name shall have been certified by the chairman and secretary of the committees of such parties or political organizations to the said board of election commissioners within the time and as above provided, shall refuse or neglect to give notice to said board of election commissioners as above provided, and with- in the time above named, specifying in w T hich column on the ballot or voting machine he wishes his name to be printed, then and in such case said board of election commissioners shall cause his name to be printed or placed in the column of column, the party or political organization, from the chairman and secretary of whose committee said board of election commis- sioners shall have first received notice of such person's nomi- nation for said office, and said board of election commission- ers shall not cause the name of such person to be printed on 48 STATE OP MICHIGAN. the ballot or placed on the voting machine as a candidate for Districts the same office in any other column. All the provisions of this section shall apply to all city, village and township elec- tions held in this state, except that the notice herein required to be given by a candidate shall be given by him to the proper board of election commissioners within two days after his name has been so certified as nominated by two or more political parties for the same office, but this section shall not Not to conflict be construed as conflicting with act number one hundred J2{. h ce ninety-four of the public acts of eighteen hundred ninety-one. Am. 1905, Act 25 ; 1909, Act 302. Act 194 of 1891 is sections 229-231 of this compilation. NOMINATED BY CONVENTION : A candidate ought to be placed in nomination by the electors and represent a respectable portion thereof, in order to entitle him to have his name printed upon the ballot. Any one has the right to announce himself as a candidate, but the ballot caniiot be filled with the names of independent candidates. Every one has the right to be voted for upon the ballot ; but, where he is not the nominee of a con- vention, a person can be voted for only in the blank left on the ballot for such purpose. Chateau v. Jacob, 88 / 171. See, also, Bragdon v. Navarre, 102 / 259 ; Stephenson v. Election Com'rs, 118 / 416. VIGNETTE : But one vigmette is provided for, but the placing of a separate vignette at the head of the county ticket, while an irregularity, is not fatal. A voter cannot be disfranchised, nor a candidate who is not shown to have participated in any fraud, be defeated of his election, by such an irregularity. Lindstrom v. Canvassers, 94 / 467. Where the vignette adopted combines with it the name of the party or political organization represented by the committee forwarding it to the commissioners, it is un- necessary to put another heading below it. Shields v. Jacob, 88 / 164. See Baker v. Election Com'rs, 110/635. vignettepro- (149) 3622. SEC. 11. It shall hereafter be the duty of the state committee of any political party or organization in this state, before each election, to prepare and adopt, by en- graving or otherwise, a vignette, to be printed at the top of the column of such ballot assigned to such party, as a dis- Sizeof. tinctive and characteristic heading thereto; such vignette shall not be more than one inch and a half square, and in addition to the device adopted, shall set forth legibly the name Proof copy to of such party. A proof copy of the ballot shall be placed on file at the office of the county clerk of each county by the board of election commissioners and be open for inspection by the candidates named thereon and by the chairman of each committee furnishing the names of candidates thereon, but by no other person, at least ten days prior to each election, except in the county of Wayne, where such copy shall be on file at least six days prior to each election. And it shall be the duty of the board of election commissioners to correct such errors as may be found therein by such inspection. VIGNETTE : See note to preceding section. PROOF COPY : The failure to have the proof copy of the ballot on file for inspection, at least ten days, is an irregularity which will not disfran- chise a voter or deprive a candidate of his election, if not shown to have participated in any fraud. Lindstrom v. Canvassers, 94 / 467. impression of (150) 3623. SEC. 12. When such vignette and head- be g nfed etc ing shall have been adopted and prepared, an impression of the same, followed by the names of the candidates nominated at, or by the direction of the regularly called convention, printed and sealed up in an envelope, shall be filed by the re- LAWS RELATING TO ELECTIONS. 49 spective committees with the county clerk of the county where such election is to be held, and with the secretary of state, at least twenty days prior to such election, except in the county of Wayne, where such duties shall be performed by the respective committees at least ten days prior to such elec- tion. Such lists shall be kept by the secretary of state and unlawful to said county clerk on deposit, and from the time of said filing it shall be unlawful for any person to imitate, copy or in any manner counterfeit the same, or change the name of the can- didate of such regular convention, except as herein provided, or by authority of such convention. Such vignette and head- ing shall remain as the heading for the column of such party organization on the ballots of all elections until changed by the proper committee, and notice thereof shall have been given to such county clerks and secretary of state. It shall Board to pro- be the duty of the board of election commissioners to pro- ^ ld< vide, at the expense of the county, a sufficient number of cuts of the several vignettes provided for in this act, from which to print the necessary number of ballots to be distributed by them. (151) 3624. SEC. 13. Whenever a proposed constitu- secretary of tional amendment or other question is to be submitted to the clrt?fyamend- electors of the state for popular vote the secretary of state ments. shall duly and not less than fifteen days before election, cer- tify the same to the clerk of each county in the state. CONSTITUTIONAL AMENDMENTS: For an act to secure greater pub- licity for amendments to the constitution, see sections 583-4. (152) 3625. SEC. 14. The board of election commis- Printing of sioners in each county shall cause the names of all candi- baffo e ts,etc. dates for the various offices mentioned in section one of this act to be voted for at any election held pursuant to the pro- visions of this act, to be printed on one ballot, all nomina- tions of any party to be placed in a separate column under the title and device of such party as designated in its certifi- cate, with the name of each candidate opposite the name of the office for which he was certified to have been nominated. At the general election held in November the names of the Name of several offices to be voted for shall be placed on the ballot in office - the following order : Electors of president and vice presi- Order of dent of the United States, governor, lieutenant governor, sec- Fdr^No^mber retary of state, state treasurer, auditor general, attorney gen- election. eral, superintendent of public instruction, commissioner of the state land office, member of the state board of education, representative in congress, senator and representatives in the state legislature, judge of probate, sheriff, clerk, treasurer, register of deeds, prosecuting attorney, auditor in counties electing an auditor, circuit court commissioners, coroners, surveyor. At the general election held in April the order April election. shall be justice of the supreme court, regents of the univer- sity, circuit judge, county commissioner of schools. At any election to fill vacancy, the office to be voted for shall be 7 50 STATE OP MICHIGAN. placed in the appropriate place on the ballot, regard being had to its .being a state, congressional, legislative, or county Party tickets, office. The tickets of the party having the greatest number of votes within the state at the last preceding presidential election as shown by the votes cast thereat for electors of president and vice president shall be placed first on the bal- lot, the position of other tickets to be governed relatively by Ballots to be the same rule. The ballots shall be of uniform size and of uniform size. ^e game q ua iity and color of white paper, and sufficiently thick that the printing cannot be distinguished from the back and the ballots in each election district shall be numbered consecutively on the upper right-hand corner of the front side thereof, and no two ballots of the same kind in the same township or election district shall have the same number; such corner containing said number shall be perforated diagonally across the corner of the ballots, so that it can be handily torn off as hereinafter provided, before such ballot Plan of ballot, is deposited in the ballot box. The arrangement of the bal- lot shall conform as nearly as possible to the following plan, and shall contain the specific instructions therein set forth, and no others: OFFICIAL BALLOT. (Instructions.) In all cases make a cross (X) in the circle (O) under the name of your party at the head of the ballot. If you desire to vote a straight ticket, nothing further need be done. Where only one candidate is to be elected to any office, and you desire to vote for a candidate not on your party ticket, make a cross (X) in the square [ ] before the name of the candidate for whom you desire to vote on the other ticket. Where two or more candidates are to be elected to the same office, and you desire to vote for candi- dates on different tickets for such office, make a cross (X) in the square [ ] before the name of the candidates for whom you desire to vote on the other ticket; also erase an equal number of names of candidates on your party ticket for the same office for whom you do not desire to vote. If you wish to vote for a candidate not on any ticket, write or place the name of such candidate on your ticket opposite the name of the office. Before leaving the booth, fold the ballot so that the initials of the inspector may be seen on the outside. LAWS RELATING TO ELECTIONS. 51 NAMES OF OFFICES VOTED FOR. Vignette with Name of Party. Vignette with Name'of Party. Vignette with Name of Party. o O O DName of can- didate. DName of can- didate. DName of can didate. PRESIDENTIAL. Electors of President and Vice-President. DName of can- didate. DName of can- didate. DName of can didate. DName of can- didate. DName of can- didate. DName of can didate. STATE. DName of can- didate. DName of can- didate. DName of can didate. DName of can- DName of can- DName of can didate. didate. didate. Secretary of State DName of can- didate. DName of can- didate. DName of can didate. Representative in Congress, District DName of can- didate. DName of can- didate. DName of can didate. LEGISLATIVE. Senator District DName of can- didate. DName of can- didate. DName of can didate Representative . District DName of can- DNarae of can- DName of can didate. didate. didate. COUNTY. Judge of Probate DName of can- didate DName of can- didate DName of can didate Sheriff DName of can- DName of can- DName of can didate. didate. didate. Clerk DName of can- DName of can- DName of can- didate. didate. didate. 52 STATE OP MICHIGAN. Am. 1901, Act 214. OFFICIAL BALLOT: As to printing names on ballots and the prepara- tion of the tickets, see notes to section 148. The provisions of this section as to arranging the tickets on the ballots are not merely directory, but must be observed in making up the ballot. Baker v. Elec. Com'rs, 110 / 635. A spring election held not a general election in determining the right to place a ticket in the first column of an official ballot. Edgar v. Bd. of Elec. Com'rs, 118 / 418. See Stephenson v. Bd. Elec. Com'rs, 118 / 396. INSTRUCTIONS: In a village election, notices in the nature of instruc- tions to the voter, were posted, but followed the form originally prescribed in 1891, and were not in exact conformity with the amendatory law of 1893. This waS held to be an irregularity, which was not fatal to the election. People v. Avery, 102 / 573. BALLOT: All votes must be given by ballot. Const, iii, 7. Under the old law it was held that the designation of the person voted for by the initials of his name is not sufficient, for no other evidence than the ballot is receivable to show the voter's intention. A vote for J. A. Dyer does not show an intention to vote for James A. Dyer and cannot be counted for him. People v. Tisdale, 1 Doug. 59 ; People v. Higgins, 3 / 233 ; People v. Cicott, 16/283; People v. McNeal, 63 / 294. An error in spelling a name, if it does not change the sound, will not prevent the ballot from being counted for the person evidently intended. People v. Tisdale, 1 Doug. 65. "Finegan" may be counted for "Finnegan." People v. Mayworm, 5 / 149. Where a part of the surname has been omitted, it cannot be counted as if it were perfect, unless it is idem sonans. People v. Cicott, 16 / 307. But a well known abbreviation, as Geo. for George, or Thos. for Thomas may be used and counted according to the evident intention of the voter. People v. Tisdale, 1 Doug. 65. Poor handwriting may be fatal ; a written ballot for Toley was not allowed to be counted for Tobey. People v. McNeal, 63 / 294. But ballots for John Jochim were counted for John W. Jochim. it not appearing that there was any other John Jochim within the district. People v. Kennedy, 37 / 67. The omission of the word "for" before the name of the office is immaterial, and the name of the office may be abbre- viated, if it is unequivocal. People v. Cicott, 16/307. When an act author- izes the submission of a question to the people without prescribing the form of the ballot, it is necessary that the voter's ballot should show that the specific question contemplated by the act was passed upon. People v. Woodhull, 14/28. In case of death of can- didate. Pasters to be provided. In case a name has been omitted. Change in bal- lots on death, removal or resignation of candidate. (153) 3626. SEC. 15. In case of the death, removal or withdrawal of any candidate after the printing of such bal- lot, and before such election, the chairman of the state, dis- trict or county committee of the political party to which such candidate belongs shall transmit to the chairman of the board of election commissioners the name of the person se- lected by such party to fill such vacancy, and said board shall provide the election board of each precinct, in which such candidate is to be voted for, with a number of pasters con- taining only the name of such new candidate, at least equal to the number of ballots provided for such precinct, but no pasters shall be given to, or received by any one, except such election board and such chairman, and it shall be the duty of the chairman of the board of inspectors of election to put one of such pasters in a careful and proper manner, in the proper place on each ballot before it shall be given to any elector for the purpose of voting, and in case the name of any candidate regularly certified to said board of election commissioners shall have been omitted from such ballots, said board of election commissioners shall furnish pasters contain- ing the name of such candidate and the same shall be placed upon the ballots as herein provided in the case of a candi- date selected to fill a vacancy. In case of such death, re- moval or resignation before the printing of such ballots, the name of the person selected in the place of such candidate shall be communicated by the proper committee to the politi- cal organization to which such candidate belonged, and the LAWS RELATING TO ELECTIONS. S3 necessary change in such ballot shall be made by the board. (154) 3627. SEC. 16. It shall not be lawful for the Unlawful to , j -XT use other than printer of such ballots or any other person to give, or deliver to, or knowingly permit to be taken, any of said ballots, by any person other than the board of election commissioners, for which such ballots are being printed, or to print, or cause or permit to be printed, any ballot in any other form than the one prescribed by this act, or with any other name thereon, or with the names misspelled, or the names or devices thereon arranged in any other way than that authorized and directed by the said board of election commissioners : Provided, That Proviso. it shall and may be lawful for the chairman of committees, and candidates named on the official ballot to procure any number of fac similes of the ticket to be printed on red, yel- low or blue paper and to circulate the same for the purpose of the instructions of voters; and said colored ballot to have printed at the head the words "Instruction Ballot." (155) 3628. SEC. 17. It shall be the duty of the board Board of eiec- of election commissioners of each county to provide and en- sionersfur- close in each package of official ballots to be delivered to nish P encils - some member of the board of election inspectors of each vot- ing precinct as hereinafter provided, as many black or blue lead pencils, to be attached with strings or in other suitable manner to the booth, as may be necessary, at least three black or blue lead pencils being furnished for every booth erected as hereinafter provided. And the board of election commission- ers of each county shall audit and issue their warrants for the same, which shall be paid by the county treasurer out of the general fund of the county. Section 18 is repealed by Act 266 of 1897. (156) 3629. SEC. 19. It shall be the duty of the chair- Duty of chair- man of the board of election inspectors of each voting pre- Sire ballots". cinct in each county, or in case he cannot attend, some other member of such board, authorized in writing by the said chairman, to appear at the office of the county clerk of his county, not more than four nor less than two days before each election, and the board of election commissioners shall deliver to him, in a sealed package, the ballots and the stamps or other apparatus provided for his precinct : Provided, Proviso, where That in cities where a later date is fixed for the delivery of ? n at c1ti S es fixed city ballots to said [chairmen] chairman, the ballots may be delivered by the board of election commissioners at the same time that the city ballots are so delivered, and in election precincts where the ballot boxes are delivered locked to elec- tion inspectors by officials, such stamps and pads or other apparatus may be enclosed in such ballot boxes instead of with the ballots. The necessary number of ballots shall be HOW ballots wrapped and tied in packages, and securely sealed with wax, put up - and the chairman of said board of election commissioners or some other member thereof, duly authorized therefor by said 54 STATE OF MICHIGAN. board, shall make and sign a certificate setting forth the number of ballots in such package, and that such ballots were packed and sealed by himself personally, and upon delivery of such package and said certificate to said inspector of elec- tions he shall receipt for the same; and for the safe sealing of such ballots, the county board of election commissioners shall provide themselves with a seal of such design as they opened be llia 7 ^ eem P r op^ r - Said packages shall not be opened until delivered to the election board of the respective voting pre- cincts, to which they were directed when said boards shall be fully organized and ready for the reception of votes as in this act provided. when board to (157) 3630. SEC. 20. In case none of the board of send ballots. , .. . . ,, ^ election inspectors of any precinct shall appear at the office of the county clerk within the time above specified, the board of election commissioners shall forthwith dispatch a special messenger to such precinct, with the ballots and stamps for such precinct, wrapped, tied and sealed as aforesaid, who shall deliver the same to one of the election inspectors or some responsible elector of such precinct, to be designated by the board of election commissioners, who may receipt there- for and whose duty it shall be to deliver the same to the in- spectors at the polling place before seven o'clock in the fore- TO me receipt noon of the day of election. Such messenger shall promptly report to such clerk and file with him the receipt of the per- son to whom he delivered such ballots and stamps, and his affidavit stating where, when and to whom he delivered the same. Railing or (158) 3631. SEC. 21. In all townships, and all voting erected^ 6 precincts in cities, the township board of each township, and voting room. |^ e var i oug officers whose duty it may be to designate and prescribe the place or places of holding general elections in the several cities, wards, election districts and voting pre- cincts, throughout the state, shall provide for, and cause to be erected in the room where elections are to be held, a rail- ing or fence four feet in height, which railing or fence shall be placed through and across the room, and shall cause gates Entrance to be to be erected in said railing. The entrance gate shall be in in charge of i n gate keeper, charge of a gate keeper appointed at the opening of the polls by the board of election inspectors, and duly sworn to allow ffide all ramng no P 61 " 8011 ^ P ass through said gate and enter said railing ' except as otherwise provided in this act, except to vote or to assist some elector in the preparation of his ballot, as pro- vided in this act, and no person shall be allowed to be inside of said railing, except to vote, or to assist an elector in the preparation of his ballot as hereinafter provided, and as soon as the elector has voted he shall retire without and shall not again be admitted within the railing, and only as many elec- tors as there are booths shall be allowed within the railing at one and the same time, and the electors shall be admitted LAWS RELATING TO ELECTIONS. 55 in the order in which they shall apply. The entrance gate Booths to be shall be placed at one side of the room, and on the inside of said gate a booth or temporary room shall be erected. At least one such booth shall be provided at each polling place, and not less than one for each hundred persons entitled to vote thereat, as shown by the last preceding registration of electors, and built with walls not less than six feet high, and in such [a] manner that the person preparing the ballot shall be concealed from all other persons. Said railing shall also j^Jf' 6 and contain an exit gate, which shall be under the care of an officer appointed by the board and duly sworn, as above. The booths must be so constructed as to secure secrecy to the voter in the preparation of his vote, but so as not to obstruct the view between the public and the voter when he deposits his vote. The gate-keeper must admit within the railing at one time as many voters as there are booths, and no more, and as fast as one booth becomes vacant he must admit another voter. Common Council v. Rush, 82 / 533. MISCONDUCT OF INSPECTORS : In determining the title to a county office, the vote of a township should be excluded, where it appears that in such township the mandatory provision of the election law requiring the official ballots to be kept in the custody of an inspector was violated by the appointment of an unofficial person as "instructor" to distribute the bal- lots, and allowing him access to the voters even after they had entered the booths, although the parties acted in good faith and it is not shown that voters were unduly influenced. Att'y Gen. v. Kirby, 120 / 592. (159) 3632. SEC. 22. At the opening of the polls after Package, , / i - i - j> now the organization of and in the presence of the board of in- spectors, one of the inspectors shall open the packages of bal- lots in such a manner as to preserve the seal intact. He shall then deliver to any one of the inspectors fifty of the ballots, inspector. and shall place the pencils for marking the ballots in the booths. Any inspector initialing ballots shall at once proceed initialing. to write his initials in ink or with lead or indelible pencil on the back of the ballot directly below the perforated line, so that the same shall not be torn off when the number is torn off by the inspector, in his ordinary handwriting and without any distinguishing mark of any kind. As each successive P^j. e [J of voter calls for a ballot, one of the inspectors shall deliver to voter, him the first signed of the fifty ballots, and as the supply of ballots in the hands of the inspectors shall decrease, addi- tional ballots shall be signed by an inspector, so that at least twenty-five ballots so signed shall be at all times in the hands of the inspector delivering the ballots to the electors. Am. 1901, Act 214 : 1905, Act 55 ; 1909, Act 192. INITIALING BALLOTS: The provisions of this law do not authorize the rejection by the canvassers of ballots, inadvertently indorsed by the in- spector in the lower right-hand corner ; so much of the statute as designates the particular place for the indorsement being directory only. Horning v. Board of Canvassers of Saginaw Co., 119/51. See DeGaw v. Fitzsimmons, 124 / 511. The indorsement of the initials was made in all respects as required by law, except that, instead of being in the upper left-hand corner, they were in the lower right-hand corner. The inspectors of election did' not intend to do any wrong. The electors were all qualified voters. They accepted the ballots as given them by the inspector, supposing them to conform fully with the law. As voted, they were secret ballots. The electors voted them in the utmost good faith, without objection or challenge from anyone. The in- spectors counted them without protest from any one. The electors were in no sense responsible for the mistake of the inspector. To disfranchise hun- dreds of legal voters, for an unintentional mistake of this character by a public officer, is a gross injustice, and is calculated to ibring a very com- mendable law into disrepute. It would enable a corrupt inspector to dis- franchise the electors when they were not parties to the fraud. Horning 56 STATE OP MICHIGAN. v. Bd. of Canvassers, 119 / 60. Act 55 of 1905, making provision for initialing ballots and rejecting those improperly marked, is constitutional. People v. Rinehart, 161 / 585. See note to previous section. Challengers. Powers. Evidence. May remain during can- Proceedings when elector is challenged. Form of oath, when elector is challenged. (160) 3633. SEC. 23. At every election each of the political parties shall have the right to designate and keep not exceeding two challengers at each place of voting, who shall be assigned such positions immediately adjoining the inspec- tors inside the polling place as will enable them to see each person as he offers to vote and a seat and table or desk on which he may write within the railing shall be furnished for the accommodation of one of such challengers of each politi- cal party, and he shall have the right to inspect the poll lists as kept by the clerks, and who shall be protected in the dis- charge of their duty by the inspectors and the police. Au- thority signed by the recognized chairman or presiding officer of the chief managing committee of a party in such county or township, city, ward or voting precinct, shall be sufficient evidence of the right of such challengers to be present in- side the room where the ballot box is kept. The chairman ap- pointing any challenger may, at his discretion, remove him and appoint another. Any challenger shall have the right and privilege of remaining during the canvass of the votes and until the returns are duly signed and made. People v. Hanna, 98 / 516 ; Att'y Gen. v. May, 99 / 566. See note to section 158. (161) 3634. SEC. 24. If any person offering to vote shall be challenged as unqualified by any inspector, chal- lenger, or any elector qualified to vote at that poll, the chair- man of the board of inspectors shall declare to the person challenged the constitutional qualifications of an elector, and if such person shall state that he is a qualified elector, and the challenge shall not be withdrawn, one of the inspectors shall tender to him such of the following oaths as he may claim to contain the grounds of his qualifications to vote: 1. You do solemnly swear (or affirm) that you are twenty- one years of age, that you are a citizen of the United States, that you have resided in this state six months, and in this township (ward, or voting precinct, as the case may be) twenty days next preceding this election, and that you have not voted at this election; or 2. You do solemnly swear (or affirm) that you are twenty- one years of age, that you resided in this state on the twenty- fourth day of June, one thousand eight hundred and thirty- five, that you have resided in this state six months, and in this township (ward, or voting precinct, as the case may be) twenty days next preceding this election, and that you have not voted at this election ; or 3. You do solemnly swear (or affirm) that you are twenty- one years of age, that you resided in this state on the first day of January, one thousand eight hundred and fifty, that LAWS RELATING TO ELECTIONS. 87 you have declared your intention to become a citizen of the United States, pursuant to the laws thereof, six months pre- ceding this election, that you have resided in this state six months, and in this township (ward, or voting precinct, as the case may be) twenty days next preceding this election, and that you have not voted at this election; or 4. You do solemnly swear (or affirm) that you are twenty- one years of age, that you resided in this state two years and six months prior to the eighth day of November in the year one thousand eight hundred and ninety-four, that you de- clared your intention to become a citizen of the United States, pursuant to the laws thereof, two years and six months prior to said eighth day of November, that you have resided in this township (ward, or voting precinct, as the case may be) twenty days next preceding this election and that you liave not voted at this election; or 5. You do solemnly swear (or affirm) that you are twenty- one years of age, that you are a native of the United States, that you are of Indian descent and do not belong to any tribe, that you have resided in this state six months, and in this township (ward, or voting precinct, as the case may be) twenty days next preceding this election, and that you have not voted at this election. If such person so challenged will take either of the above Pen aity for oaths, his vote shall be received; but if such person shall therein swear falsely, upon conviction thereof he shall be lia- ble to the pains and penalties of perjury. RESIDENCE : The temporary absence of a person or his family, though extending over a series of years, does not necessarily, without regard to his intentions, make him lose his residence, or deprive him of his rights as an elector. Harbaugh v. Cicott, 33 / 242. See also notes to section 97. VOTING TWICE : One who has, first by mistake, voted in the wrong pre- cinct, and upon discovering his mistake has requested and procured the inspectors to withdraw and cancel a ballot such as he asserted he had voted, has no right afterwards to vote again in his proper precinct: and his second vote is illegal. Id. ELECTIVE FRANCHISE: It must be remembered that the right of vot- ing is one which cannot be taken away by direct law or impossible condi- tions. Warren v. Board of Registration, 72/399. OATHS : Where, by the law under which an election is held, the in- spectors are to receive the voter's ballot if he takes the oath that he possesses the constitutional qualifications, the oath is the conclusive evidence on which the inspectors are to act, and they are not at liberty to refuse to administer it, or to refuse the vote after the oath has been taken. Wolcott v. Holcomb, 97 / 361 ; People v. Cicott, 16 / 302. (162) 3635. SEC. 25. It shall be the duty of each in- Duty of in- spector to challenge every person offering a ballot whom he shall know or suspect to be disqualified as an elector; and the board of inspectors shall possess full authority to maintain regularity and order, and to enforce obedience to their law- ful commands during an election, and during the canvass of the votes after the poll is closed. (163) 3636. SEC. 26. When an elector shall not be Manner of challenged or shall have taken the necessary oath or affirma- voting - etc - tion he shall be permitted to vote. On entering the room the inspector having charge of the ballots shall deliver to him one of them, and the clerk shall enter his name upon the poll 58 STATE OF MICHIGAN. How ballot marked by voter, etc. list, together with the number of the ballot given him and on request such inspector shall give explanation of the manner of voting, if deemed necessary by the board an interpreter may be called. The elector shall then and without leaving "the room, go alone into the booth, which is unoccupied, and indicate the candidate or candidates for whom he desires to vote, as follows: If he desires to vote a straight ticket he must make a cross (X) in the circle under the name of his party at the head of the ballot. Nothing further need be done. Where only one candidate is to be elected to an office and the elector desires to vote for a candidate not on his party ticket he should make a cross in the circle under the name of his party, and also make a cross in the square before the name of the candidates for whom he desires to vote on the other ticket. In such case it shall not be necessary to strike off the name of the candidate on the party ticket and where two or more candidates are to be elected to the same office, like circuit court commissioners, presidential electors, etc., and the voter desires to vote for candidates on different tickets for such office, he must mark a cross in the circle under his party name, and mark a cross in the square before the name or names of the candidates for whom he desires to vote on the other ticket or tickets, and also erase an equal number of names of the candidates for such office on his party ticket: Provided, That if such elector shall not cross off the names of an equal number of candidates for such office on his party ticket he shall be deemed to have crossed off the name of each candidate for such office which is printed on his party ballot opposite of a candidate on some other party ticket in front of whose name he has made a cross (X). If the elector wishes to vote for a candidate not on any ticket, he must write or place the name of such candidate on his ticket, opposite the name of the office, and make a cross in the circle under the party name. A ticket marked with a cross in a circle under a party name will be deemed a vote for each of the candidates named in such party column whose name is not erased, except those candidates where a cross is placed in the square before the name of some opposing candi- date on the opposing ticket, or Where a name is written or pasted on the party ticket of some candidate whose name is not printed as a candidate on any party ticket. In case there is only one candidate to be elected to any office, the cross in the square before the name of the candidate on the opposing ticket shall be deemed one vote for such candidate. Where there are two or more candidates to be elected to the same or like office, the cross before the name of the opposing candidate or candidates, shall be deemed one vote for such candidate or candidates, provided an equal number of names of candidates for the same office are erased or can, under the provisions of this section be deemed to have been erased, from the party ticket. If the name of any person who is not a Proviso. To vote for candidates not on any ticket. What deemed a vote for each can- didate. LAWS RELATING TO ELECTIONS. 59 candidate on any ticket is written or placed on the party ticket opposite the name of the office, and there is a cross in the circle under the party name, the name so written or placed shall be counted one vote for the person so mentioned, whether the original name on the party ticket is erased or not, excepting cases where there is a cross in the square be- fore the name of some opposing candidate on some other party ticket. If no cross is placed in the circle under the party name, a cross in the square before the name of any candidate shall be deemed a vote for such candidate except in cases where the elector votes for more candidates for the same office than are to be elected. Such elector shall also indicate his preference on any constitutional amendment or other questions if he desires to vote thereon, by making a cross (X) in the square in front of the words "Yes" or "No" opposite such question. Before leaving the booth the elector Elector to shall fold his ballot so that no part of the face thereof shall f( be exposed, and so that the initials of the inspector shall be on the outside thereof, and on leaving the booth shall a*t once deliver in public view such ballot to the inspector designated to receive the same, w r ho shall thereupon announce audibly the name of the elector offering the same, and the number of the ballot, and shall ascertain by comparison of the num- ber of the ballot with the number of the ballot given such elector as shown by the poll list whether the ballot presented is the same one given such elector, and if it is the same the inspector shall tear off the corner of the ballot, where per- forated, containing the number and shall then, in the pres- ence of the elector and the board of inspectors, deposit the same in the ballot box without opening, and if it is not the same ballot given said elector it shall be rejected : Provided, Proviso. however, If any elector shall show his ballot or any part thereof to any person other than one lawfully assisting him in the preparation thereof, after the same shall have been marked so as to disclose any part of the face thereof, such ballot shall not be received or deposited in the ballot box. In case such elector shall so expose his ballot his name shall be entered on the poll list with a minute of such occurrence, and such elector shall not be allowed to vote thereafter at such election. The elector shall then leave the room, but no elector to whom the ballot has been delivered shall be per- mitted to leave the room without voting such ballot, or re- turning it to the inspector from whom he received it. Any elector who shall attempt to leave the room with a ballot or pencil in his possession shall be at once arrested on demand of any member of the board of inspectors if he shall refuse to deliver the same upon request. Am. 1901, Act 214. SECRECY OP THE BALLOT : The inspectors are not permitted to exam- ine the ballots as handed to them, so that where they are folded they have no means of ascertaining how a person votes, and after the ballot is once deposited they have neither the opportunity nor authority to investigate the matter. Harbaugh v. Cicott, 33 / 251. It is only the legally qualified voter who is protected in the secrecy of his ballot, and no one has the right to 60 STATE OP MICHIGAN. inquire or make known the contents of his ballot, or give evidence of it without his consent. Even if his qualifications are questioned, his privilege remains until the lack of qualifications is established, either by his own admission or otherwise. People v. Cicott, 16 / 283 ; Harbaugh v. Cicott, 33 / 251. The action of the chairman of the board of inspectors, in re- ceiving and depositing in the ballot box the ballots of 13 unregistered per- sons, and the ballots of a large number of persons who had shown them after they had been marked, and in allowing and instructing third persons to enter the voting booths with a large number of electors, and, after their ballots had been marked by such third persons, depositing them in the bal- lot box, it is held to have vitiated the vote of the election precinct. Att'y Gen. v. McQuade, 94/439; Att'y Gen. v. May, 99/544. ENTERING BOOTH ALONE : The provisions of this section requiring the elector to enter the booth alone and prepare his ticket are mandatory. Att'y Gen. v. McQuade, 94/439. See sections 158, 169 and notes. ERASING NAMES : Under this section as originally enacted it was neces- sary for the elector, when voting for a candidate on the opposing ticket, not only to mark the name of such candidate with a cross, but also to erase the name of the candidate on the voter's own ticket. But by the amendment of 1893 [see Am. of 1901] the legislature dispensed with the necessity of the erasure of the name. Att'y Gen. v. Glaser, 102 / 402. And such erasure is permissible, though not necessary. Id. 405. SLIPS PASTEiD: Slips over names on ballot, when void. Where a slip is so placed on a ticket as to leave on it two distinct names as candidates for the same oflice, the ballot is rendered bad as to that office for duplicity. But where an attempt is made to cover one name by another for the same office, so that the under one is partially obliterated, the slip will be counted although the name beneath is not entirely covered. The People v. Cicott, 16 / 283. Where a slip is pasted over a name so as to partially obliterate it, the slip should be counted. Keeler v. Robertson, 27 / 117. This section provides* that, if an elector wishes to vote for a candidate not on any ticket, he must write or paste the name of such candidate on his ballot, opposite the name of the office, and make a cross in the circle under the party name, and, if no cross is placed in such circle, a cross in the square before any candidate's name shall be deemed a vote for such candidate, except where the elector votes for more candidates for the same office than are to be elected. Held, that the pasting of respondent's name over the name of relator without putting a cross under any party name or opposite the name of respondent, or erasing the name of a third candidate on the ballot, was not a compliance with the law. People v. Fox, 114 / 652. MARKING BALLOTS : Ballots were all marked with a blue pencil in the circle at the head of the ticket. In one Instance, it looks as though the voter first made a cross, and, thinking he had not marked it plainly enough, repeated the marking substantially over the first marking. Two other tickets looked as though they might have been made with a blue pencil the lead of which was so broken that two points projected so as to make marks upon the ballot ; or the voter may have made the cross with a down and up-stroke in making each mark. There is nothing in the mark- ing to distinguish the ballot from other ballots. If these ballots are to be rejected, the ballots of a large number of voters who do not have occasion to use pen and pencil very often would have to be rejected. People v. Kamps, 129/217. A ballot marked with two parallel horizontal lines across the circle at the head of one of the party tickets cannot be counted, the statute requiring a cross as the designation of the voter's intent. Christopherson v. Com. Council, 117 / 125. SHOWING BALLOT: The provisions that, if the elector shows his ballot after preparing it, such ballot shall not be received or deposited in the box, is mandatory. Att'y Gen. v. May, 99 / 545. And receiving and de- positing in the ballot box a large number of ballots so shown will vitiate the election of the precinct. Att'y Gen. v. McQuade, 94 / 439. SEPARATE BALLOT BOXES : Where state or county measures are to be voted on, or state or county officers to be elected to fill vacancies, at the spring election, the county commissioners must prepare the ballot, and in such cases the ballot may be separate from that of the township and may be cast in a separate box. Peck v. Supervisors, 102 / 356. The elector is not to be deprived of his vote by either the mistake or the fraud of the inspector in depositing it in the wrong box, if the intention of the voter can be ascertained with reasonable certainty. Nor should ballots be rejected, though they may have got into the wrong box by the honest mistake of . the voters themselves. People v. Bates, 11 / 364. When a voter has voted by mistake, he cannot withdraw his ballot and vote again. Harbaugh v. Cicott, 33/241. Clerks to com- (164) 3637. SEC. 27. At each adjournment of the poll, fists. po11 the clerks shall, in the presence of the inspectors, compare their respective poll lists, compute and set down the number of votes, and in case the same do not agree shall, under the direction of the board, correct all mistakes that may be dis- covered, until such poll lists shall be made in all respects to correspond. LAWS RELATING TO ELECTIONS. 61 (165) 3638. SEC. 28. The ballot box shall then be Care of ballot opened and the poll list placed therein, the box locked, and at least five minutes before the removal of the same a piece of leather or canvas so placed as to extend from the open- ing in the lid of said ballot box to the key hole in such a manner as to completely cover both such holes, shall be placed thereon, and the same securely fastened thereon with sealing wax stamped with the official election seal of such township or ward, such piece of leather or canvas and the sealing wax to be so arranged as to render it impossible to open either of said holes without breaking said seal. The key shall then be delivered to one of the inspectors, the box to another, and the seal to another. Such box shall not be opened nor the seal broken until the box has been publicly exposed at least five minutes before the reopening of the poll. (166) 3639. SEC. 29. The inspector having the key Return and shall keep it in his possession, and deliver it again to the box" 111 ' board at the next opening of the poll, and the inspector hav- ing the box shall carefully keep it without opening or suffer- ing it to be opened, or the seal thereof to be broken or re- moved, and shall publicly deliver it in that state to the board of inspectors at the next opening of the poll, when the seal shall be broken and the box opened, the poll lists taken out, and the box again locked. (167) 3640. SEC. 30. No ballot shall be distributed by Distribution any person other than one of the inspectors of election, nor of ballots< in any place except within the railing of the voting room, to electors about to vote and no ballot which has not the initials of a member of the board of election written by such mem- ber on the back thereof shall be placed in the ballot box. (168) 3641. SEC. 31. Uniform printed instructions to Printe/Un- voters, printed in large type upon cards, shall be furnished voters 1 tSVe* by the secretary of state to the county clerk of each county, furnished - containing any information that will enable voters to quickly make and correctly designate their choice, and the county clerks shall furnish such cards to the city and township clerks in the county. Such clerks shall furnish such cards to each polling place, one of which shall be hung in each compart- ment, two in the polling room, and three on the outside of the building in which the voting takes place. Whenever the instructions clerk of any county notifies the secretary of state that the S printed instructions are also needed in a foreign language, and such language is stated, then it shall be the duty of the secretary of state to furnish such printed instructions in such foreign language. In case of necessity the chairman may em- ploy an interpreter. See note to section 152. INTERPRETER: The interpreter cannot be allowed to remain within the railing to converse with the voters who do not understand English. Att'y Gen. v. Stillson, 108/419. 62 STATE OF MICHIGAN. Voting by in- capable persons. (169) 3642. SEC. 32. When an elector shall make oath that he cannot read English or that because of physical dis- ability he cannot mark his ballot, or when such disability shall be made manifest to said inspectors, his ballot shall be marked for him in the presence of the challenger of each po- litical party having a challenger at such voting place by an inspector designated by the board for that purpose, which marking shall be done in one of the booths. See notes to sections 158 and 163. DISABLED VOTERS : The provisions of this section relative to the marking of the ballots of illiterate or disabled voters are mandatory. Att'y Gen. v. McQuade, 94 / 412 : McQuade v. Furgason, 91 / 438 ; Att'y Gen. v. May, 99 / 545. The provisions of this section, with those of section 181, are intended to secure the entire secrecy of the ballot, except so far as is absolutely necessary to enable such electors as cannot read English to have assistance in marking it. The only test of the ability of the voter to read English is his oath. No other test is permissible, and it is un- lawful for any inspector to assist in marking a ballot for any elector, until such elector shall have first taken the oath. Att'y Gen. v. May, 99 / 544. At the expense of the secrecy of the ballot, the law provides a method of aiding electors who are physically incapacitated or unable to read English. It does not deprive those voters of any right, but rather secures to them aid in voting intelligently. Id. 547. Unlawful to influence voter. Voting for more than one person. Spoiled ballot. Board to pre- serve unused ballots. Canvass of votes, how conducted. (170) 3643. SEC. 33. It shall be unlawful for the board, or any of them, or any person in the polling room or any compartment therewith connected, to persuade or to en- deavor to persuade any person to vote for or against any par- ticular candidate or party ticket. (171) 3644. SEC. 34. If the elector votes for more than one candidate for the same office, said ballot shall not be counted for those persons, but shall be as to them null and void. If any elector inadvertently spoils- a ballot he may ob- tain another from the board by returning such spoiled ballot to the board, who shall preserve the same for return to the city or township clerk. The only instance in which an unnecessary mark is recognized as possible is in above section, where it is provided that, if the elector votes for more than one person for the same office, such ballot shall not be counted for those persons, but shall be, as to them, null and void. Att'y Gen. v. Glaser, 102 / 401. Distinguishing marks fraudulently placed on the ballots after they were cast do not vitiate them. Att'y Gen. v. Blanck, 107 / 85. (172) 3645. SEC. 35. The board of inspectors of elec- tion, shall preserve the unused ballots together with the bal- lots which have been spoiled, and return the same to the city or township clerk, with a statement of the number of ballots used, and there shall be given by the clerk to the inspectors of election a receipt therefor, which shall be filed with the chairman of the board. (173) 3646. SEC. 36. Immediately on closing the polls, the board shall proceed to canvass the votes. Such canvass shall be public and shall commence by a comparison of the poll lists and a correction of any mistakes that may be found therein until they shall be found or made to agree. The box shall then be opened and the whole number of ballots counted. If the ballots shall be in excess of the number of the electors voting according to the poll lists they shall be replaced in the box and one of the inspectors shall publicly LAWS RELATING TO ELECTIONS. 63 draw out and destroy so many ballots therefrom unopened as shall be equal to such excess. They shall first select and counting of count the straight tickets, and give the number to each can- votes - didate voted for on the straight ticket. All other tickets shall be laid on the table and counted in regular order in such subdivisions thereof as may be convenient for a prompt and careful determination of the result of such election. In what ballots the canvass of the votes, any ballot which is not indorsed with the initials of the inspector as provided in this act, and any ballot which shall bear any distinguishing mark or mu- tilation shall be void, and shall not be counted, and any bal- lot, or part of a ballot, from which it is impossible to deter- mine the elector's choice of candidates shall be void as to the candidate or candidates thereby affected : Provided, how- Proviso. ever, That all such ballots shall be preserved, marked by the inspectors "not counted" and kept separate from the others by being tied or held in one package by a rubber band or otherwise. See notes to sections 152, 159 and 163. IMMEDIATE CANVAS'S : The provisions for an immediate canvass of the ballots were expressly designed to guard against fraudulent tampering with votes before counting. People v. Sackett, 14 / 325. The election law is positive that the official count of the ballots shall be made immediately, in public, and the result ascertained and declared publicly, and an official statement made of the result. Keeler v. Robertson, 27/128-9. But the neglect of the board to complete the canvass on the night of the election and the dating of their report on the next day ought not to result in the disfranchisement of the voters and should not be so held, except where the plain provisions of the statute require it. Att'y Gen. v. Glaser, 102 / 397. EXCESS OF BALLOTS: Att'y Gen. v. May, 99/556; People v. Cicott, 1C / 283. DISTINGUISHING MARKS: Att'y Gen. v. May, 99/566: Att'y Gen. v. Glaser, 102 / 396 : Att'y Gen. v. Howcroft, 107 / 85. The evident intent of this provision was to provide against voters marking the individual ballot which they cast in such manner as to distinguish it. Lindstrom v. Can- vassers, 94 / 471. BALLOTS FOLDED TOGETHER : Under the old law. if two or more bal- lots were found so folded together as to present the appearance of a single ballot, both were to be destroyed : thus depriving the person casting them of his vote, whether the folding was intentional or done by mistake. Har- baugh v. Cicott, 33 / 241. DUTIES MINISTERIAL: The duties of canvassing boards are simply ministerial ; their whole duty consists in ascertaining who are elected and in authenticating and preserving the evidence of such election. People v. Van Cleve, 1 / 366. The result of an election is determined by the ballot. The evidence contained therein is the foundation of the statement to be prepared by the inspectors. They cannot go behind the ballot to ascertain the voter's' qualifications or intention. People v. Tisdale, 1 Doug. 59 ; People v. Woodhull, 14/28: Keeler v. Robertson, 27/116. The evidence of the voter himself as to his intention is not admissible. People v. Higgins, 3 / 233. See also People v. Cicott, 16 / 320 ; People v. Board, 11 / 111. CANVASS FINAL : The action of the inspectors is final, when they have finished their count and sealed up the ballots. Every opening of the ballots thereafter, except upon an election contest, when they will be needed in court, is an unlawful act and cannot be made the basis of official action. Keeler v. Robertson, 27 / 129. When inspectors of election have completed their count and executed and delivered their returns to the proper officer, their legal powers end, and any attempt on their part to change or modify such returns in any particular involving other than a mere clerical duty is clearly beyond their powers. Roemer v. Canvassers, 90 / 30. (174) 3647. SEC. 37. After the ballots are counted they shall, together with one tally-sheet, be placed in the bal- etc. lot box which shall be securely sealed in such a manner that it cannot be opened without breaking such seal. The ballot box shall then be placed in charge of the township or city clerk, but the keys of said ballot box shall be held by the 64 STATE OF MICHIGAN. How result declared. Statement of result. chairman of the board and the election seal in the hands of one of the other inspectors of election. (175) 3648. SEC. 38. Immediately after the count of the tickets or ballots has been completed, the result and the number of votes received by each candidate or person on the ticket shall be publicly declared by one of the inspectors. The inspectors shall then prepare a statement of the result in duplicate showing the whole number of votes cast for each office, the names of the persons for whom sirch votes were given and the number each person received, in which state- ments the whole number of votes given for each office and the number given for each person shall be written out in words at length. Such duplicate statements, when certified by the inspectors and duly signed shall be delivered to the town- ship or city clerk, and shall by said clerk be, within twenty- four hours after the result is declared, delivered in person or immediately forwarded by registered mail, one copy to the board of county canvassers in care of the judge or register of probate, and the other, together with one of the original tally sheets, to the county clerk, which said statements and tally sheets shall be placed in separate envelopes and sealed by said inspectors before their delivery to the township or city clerk. Powers and duties of gate keepers. Penalty for interference with. Eligibility of gate keepers. Compensa- tion. Am. 1901, Act 214. See Curran v. Norris, 58 / 512 ; Belknap v. State Canvassers, 95 / 155 ; Att'y Gen. v. Glaser, 102/397. (176) 3649. SEC. 39. The gate keepers of elections shall be peace officers at polling places, and are hereby dele- gated power equal to constables for the purpose of maintain- ing peace and quiet at the polls on election day. They shall have charge of and keep the gates at polling places and shall not allow any person to approach within the railing provided for in section sixteen, except those authorized by law, and qualified electors, whom they shall allow to pass through the gates and approach the ballot box or boxes for the purpose of voting; and they shall admit one elector at a time only to vote, and shall cause said elector to retire without the gate and railing as soon as he has voted; and no person shall in any manner interfere with a gate keeper of election in the discharge of his duty, and it shall be unlawful for the gate keepers to aid, assist, suggest, advise or entreat an elector to prepare his ballot in a particular manner, or to coerce or at- tempt to coerce an elector in any w'ay to vote or to refrain from voting for any particular person or party. No person shall be eligible to fill the office of gate keeper of election on any election day when his name shall be on any ticket at said election. Gate keepers of [elections] election shall be at the polling place at the opening of the polls, and shall remain there until the closing of the polls, and shall receive as compensation two "dollars per day for each day's work while actually engaged. LAWS RELATING TO ELECTIONS. 65 (177) 3650. SEC. 40. No election shall be held, nor Hec^ons^haii shall any election be appointed to be held in any saloon or in saioon e s. barroom, or in any room or place contiguous with or ad- joining thereto. Should any place be designated or appointed When inspect- for holding an election in violation hereof, or become subject polling place, to such objection after having been so designated, the inspec- tors of election shall have power, and it shall be their duty, on or before the day of such election, and before the open- ing of the polls on such day, to procure a suitable place as near thereto as may be, not subject to like objection. Said J n |P t ec ^P c rs to inspectors shall meet at the place first designated at the time m for opening the poll, and after any vacancies in their num- ber shall have been filled, adjourn to the place chosen by them, and at the time of said adjournment, give public notice Notice of to the electors present by proclamation of such change, and cl post in a conspicuous manner notice of the place where such election shall be held, and all expense attending such change shall be certified by said inspectors to the proper authorities and shall be allowed and paid accordingly. The adjournment of an election in good faith from one polling place to another is at most an irregularity, unless it prevents persons from voting or prejudices the rights of candidates: and such an irregularity will not sustain proceedings in the nature of quo warranto against the successful candidate, in the absence of any showing that if the change had not been made the result would have been different. Farrington v. Turner, 53 / 27. (178) 3651. SEC. 41. Any person or persons introduc- Liquors, bring- ing in any way, upon election day, into the building where SSdemeanor* an election is being held, any spirituous or malt liquors, and any inspector or clerk of election drinking any such liquors in such place, or being intoxicated therein upon election day, shall be deemed guilty of a misdemeanor, and upon convic- Penalty for. tion thereof before any court of competent jurisdiction, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding sixty days, or by both such fine and imprisonment, in the discretion of the court. (179) 3652. SEC. 42. The board of election may make Time voter such regulations as they deem proper, limiting the time in iSYooth 1 ^" which an elector may remain in the room or booth while pre- paring and voting his ballot; such limitation, however, shall not be less than one nor more than five minutes. See section 561. The provisions of this section authorizing the board of elections to limit the time which a voter may remain in the room or booth while preparing and voting his ballot is applicable to elections in cities as well as towns, and it is the imperative duty of such boards to limit the time as provided in said section. Common Council v. Bush, 82/533. (180) 3653. SEC. 43. It shall not be lawful for any Unlawful for candidate for any elective office with intent to promote his afd h^eiec- election, or for any other person with intent to promote the J^nner certain election of any such candidate either: First, To provide or furnish entertainment at his expense to any meeting of electors previous to or during the election at which he [shall] may be a candidate; or 9 66 STATE OP MICHIGAN. Violation of act to be felony. Second, To pay for, procure, or engage to pay for any such entertainment; or Third, To contribute money for any other purpose intended to promote an election of any particular person or ticket, except for the defraying the expenses of office room or hall rent, postage, stationery and clerk hire, music at public meet- ings, the pay and expense of public speakers, transportation of committeemen, the pay of challengers at the polls and of persons to inspect the registration of voters and of persons employed to make lists of the votes in election precincts, and of printing, and the circulation of handbills and other papers previous to any such election, or for conveying electors to the polls. Section 44 is repealed by Act 61 of 1901. (181) 3655. SEC. 45. Any person who shall knowingly violate any of the provisions of this act, or shall wilfully neglect or refuse to perform any duty enjoined upon him here- by, or shall disclose to any other person the name of any can- didate voted for by any elector, the contents of whose ballot shall have been seen by such person, or shall in any manner obstruct or attempt to obstruct any elector in his exercise of his duties as such elector under this act, shall be deemed guilty of a felony, and on conviction thereof shall be pun- ished by a fine not exceeding one thousand dollars, or im- prisonment in the state prison not exceeding two years, or by both such fine and imprisonment, in the discretion of the court. McLaughlin v. Burroughs, 90 / 314 ; Att'y Gen. v. McQuade, 94 / 442 ; Att'y Gen. v. May, 99/544. Section 46 repeals all acts or parts of acts contravening the provisions of this act. (182) 3656. SEC. 47. At the general election to be held in this state on the first Monday of April, eighteen hundred and ninety-three, or in any second year thereafter, the polls of such election in townships and cities, shall, for all pur- poses, open and close at the times herein prescribed for the opening and closing of polls, anything in act number one hundred and ninety-four of the public acts of eighteen hun- dred and ninety-one, or in any other statute, local or general, to the contrary notwithstanding: Provided, That this sec- tion shall not be construed as forbidding a noon adjournment in townships. Penalty. Opening and closing of polls. Proviso. Constitutional amendments on separate ballot. For Act 194 of 1891, see sections 227, 229. (183) 3657. SEC. 48. Whenever any constitutional amendments or other questions are proposed to be submitted to the electors, the board of election commissioners of each county shall cause them all to be printed on one ballot, sepa- rate and distinct from the ballot containing the names of nominees for public office, the substance of ^aeh amendment LAWS RELATING TO ELECTIONS. 67 or other question to be clearly indicated upon said ballot by a suitable designation in distinct and easily legible type, with the words "yes" and "no" printed below it in separate lines. The elector shall designate his vote on each separate ques- How vote tion submitted by a cross mark (X) placed opposite the word "yes" or the word "no" under such question in a suitable place provided therefor. The said ballots shall be of uni- form size and of the same quality of white paper, and suffi- ciently thick that the printing cannot be distinguished from the back. They shall be delivered to the inspectors and elect- ors, and voted and canvassed in all respects in the same manner and subject to the same regulations, restrictions and penalties heretofore provided in this chapter for the ballots containing the names of the nominees for public offices, except that separate ballot boxes shall be kept and used, the box HOW ballot for the deposit of the ballots for nominees being designated b< by the words "public officers," plainly printed or painted thereon, so as to be readily seen by each elector, and the box for the deposit of ballots for constitutional amendments and other questions to be designated by the words "propositions submitted" in the same manner. See sections 583-4. AN ACT TO PROVIDE FOR HOLDING GENERAL AND SPECIAL ELECTIONS. (CONTINUED.) [Act 175 of 1851.] POLL LISTS. (184) 3661. SEC. 42. One of the poll lists shall be Poll lists to be delivered to the township clerk, and the other to the county clerk, which lists shall be filed and preserved by them in their respective offices. In a city, the ballots, and one of such poll lists and statements, shall be delivered to the city clerk, and shall be kept and preserved by him. Disposition of tally sheets and inspectors statements, see section 175. Sections 43 to 48 of this act relate to the board of county canvassers, Its organization and meeting, and are deemed to have been superseded by Act 149 of 1895. For this act of 1895, see sections 236-248. STATEMENTS OF CANVASS. (185) 3675. SEC. 49. They, shall make a separate state- separate ment, containing the whole number of votes given in such SSS'fS*^- county, for the offices of governor, lieutenant governor, sec- tain offices, retary of state, state treasurer, auditor general, attorney gen- eral, superintendent of public instruction, commissioner of the state land office, and members of the state board of edu- cation, the names of the persons to whom such votes were 68 STATE OF MICHIGAN. Idem. given, and the number of votes given to each ; another similar statement of the votes given for electors of president and vice president of the United States, each year in which such electors are to be chosen; another similar statement of the votes given for representative in congress; another of the votes given for senator, when the county alone does not con- stitute a senatorial district; another of the votes given for representative in the state legislature, when the county alone does not constitute a representative district; another of the votes given for senator or representative, when the county alone constitutes but one senatorial or representative dis- trict ; and another of the votes given for county officers. (186) 3076. SEC. 50. The several senatorial and rep- resentative district canvassers shall, where a county is di- vided for such purposes, also make a statement of the whole number of votes given in each respective district for the office of senator or representative, or both, as the case may be, which several statements shall set forth the number of each of such districts, the number of votes given to each of the per- sons voted for in each of such districts, respectively. (187) 3677. SEC. 51. In each of said statements, the whole number of votes given, the names of the candidates, and the number of votes given to each, shall be written out in words at length; and each statement shall be certified as correct, and attested by the signatures of the chairman and secretary of the respective boards, and a copy of each, thus certified and attested, shall be delivered to the county clerk, and recorded by him in a suitable book, to be provided by him for that purpose, at the expense of the county, and kept in his office. What state- ment to con- tain. Statement to be recorded, etc. Determina- tion by board of persons elected. Proviso. Proceedings when two or more persons have equal number of votes. Rich v. State Canvassers, 100/461. (188) 3678. SEC. 52. The county and district boards shall then determine the persons who have been, by the greatest number of votes, elected to the county offices, and members of the legislature, when the county alone constitutes one or more senatorial or representative districts, and such de- terminations 72. SEC. 11. Upon filing the petition and Board to in- making the deposit required in the preceding section, and MoB^Jhen^ : giving at least twelve hours' written notice thereof to the opposing candidate, by handing to such candidate a copy thereof, or, if such candidate cannot be found, by leaving such copy at his last place of residence, it shall be the duty of such board of canvassers to investigate the facts set forth in said petition. For such purpose the said board shall have power to cause the ballot boxes used in such election districts to be brought before them. The board shall, thereupon, in some Board to re- public place where such candidates and their counsel may be fn^Vic'and present, if they so desire, proceed forthwith to open the bal- make re tum. lot boxes from such districts, townships or wards, and to make a recount thereof as to such candidates, and make cor- 86 STATE OF MICHIGAN. rect and full return in writing under their hands to said board, showing the full number of votes given, the names of the candidates, and the number of votes given to each, writ- Baiiots to be ten out in words and figures as upon the ballot. As soon as Soxes!** 1 the recount is completed, said board shall, at once, return the ballots to their respective boxes, carefully fasten and seal the same, and deliver them to the officer having the care and Return of re- custody thereof. The returns made by the said board of can- count to be . , ,, , ., -ill it deemed vassers upon recount shall be deemed to be correct, anything in the previous return from such township, ward or district, to the contrary notwithstanding. See citations under previous section. when. refunded, when. candidates (247) 3673. SEC. 12. Any candidate not receiving a may appeal to \ . n ' . , . J circuit court, certificate of election, may, for error apparent upon the face of the returns, have the same examined and corrected upon certiorari to the circuit court of the county according to the Deposit jto be rules and practices applicable to such rights. In all cases where, by reason of such recount, the petitioner succeeds in establishing fraud or mistake as set forth in his petition, and receives a certificate of election, the money deposited by him shall be refunded. For fraudulent or illegal voting, or tam- pering with the ballot boxes before a recount by the board of canvassers, the remedy by quo warranto ishall remain in full force together with any other remedies now existing. (248) 3674. SEC. 13. The provisions of this act shall apply to special elections to fill vacancies in any of the offices mentioned in section four of this act, and at all elections at which any proposition shall be submitted to the electors of any county. Section 14 repeals "All acts or parts of acts contravening the provisions of this act." Act to apply to special elections. Board of can- vassers, when to meet. SPECIAL CANVASS FOR STATE SENATOR AND REPRESEN- TATIVE TO FILL VACANCIES. An Act to provide for a special canvass of votes cast in elections to fill vacancies in the office of state senator and representative held during a session of the legislature. [Act 24 of 1895.] The People of the State of Michigan enact: (249) 3691. SECTION 1. That in case of a special elec- tion held to fill a vacancy in the office of state senator or of representative in the state legislature during a session of the legislature, the board of county canvassers shall meet on the Thursday next succeeding the day on Which the election is held, and the board of district canvassers shall meet on the succeeding Saturday, and shall make the canvass and declare the result of such election as now provided by law in case of general elections in this state, LAWS RELATING TO ELECTIONS. 87 UNIFORMITY IN RETURNS. An Act to secure uniformity in election returns. [Act 49 of 1867.] The People of the State of Michigan enact: (250) 3733. SECTION 1. That the secretary of state be required to prepare and transmit, at least sixty days before msh blanks. any general or special election at which other than township offi'cers are to be elected, to the several county clerks, suitable blank forms, to enable inspectors of elections and towtiship or city clerks to make returns of elections to the respective county or district board of canvassers. (251) 3734. SEC. 2. That the several county clerks Duty of ., county clerks. shall, after receiving the blank forms, and at least ten days before any general or special election, at which officers shall be elected requiring the transmission of a statement of votes to a board of canvassers, deliver to the several township or city clerks of their respective counties a sufficient number of such blank forms to enable said township or city clerks and inspectors of elections to make returns of such general or special election to the respective boards of canvassers as re- quired by law. CORRECTION OF FRAUDS AND ERRORS IN RETURNS. An Act to provide for the correction of frauds and mistakes in the canvass and returns made by inspectors of elections. [Act 208 of 1887, as amended.] The People of the State of Michigan enact: (252) 3725. SECTION 1. That any candidate voted for Petition for at any election, conceiving himself aggrieved on account of can r vass?to f any fraud or mistake in the canvass of the votes by the in- Jc m made< spectors of election, or in the returns made, may (within three days after the conclusion of a towiiship canvass, if a township office) or on or before the close of the last day upon which the board of city canvassers meet, if a city or ward office, or board of village canvassers, if a village office, present to and file with the clerk, of such board a written petition, which shall be sworn to, setting forth, as near as may be, the errors, mistakes or frauds complained of, and the towftship, ward or village in which they occur, and asking for a correction thereof. He shall at the same time deposit with the clerk of said board the sum of ten dollars for each and every township, ward or village referred to in his petition; 88 STATE OF MICHIGAN. Proviso, limit- ing amount of deposit. When board of canvassers to make in- vestigation. Clerk to call meeting of board. How com- mittee on investigation appointed. Committee to make recount of ballots. Ballots to be returned to boxes. Report of committee to be accepted as correct. Appeal to cir- cuit court. When deposit to be returned to petitioner. Provided, That no candidate shall be required to deposit more than one hundred dollars, which sum shall be paid in case such petitioner does not establish a fraud or mistake, as set forth in his petition, by the clerk of the board of city canvassers, to the city treasurer for the use of the city and by the clerk of the village to the village treasurer and by the township clerk to the township treasurer for the use of the city, village or township, as the case may be. Upon filing such petition, making such deposit and giving at least twelve hours' written notice thereof to the opposing candidate by handing to such candidate a copy thereof, or if such candi- date cannot be found, by leaving such copy at the last place of residence, it shall be the duty of such board of canvassers to proceed to make an investigation of the facts set forth in said petition. For which purpose the clerk, if no meeting be already appointed, shall call a meeting of such board of canvassers and the said board shall have power to cause the ballot boxes used in such election districts to be brought be- fore them. The said board shall thereupon appoint a com- mittee of their own number as follows: The said board shall designate a member who shall be the chairman of said com- mittee, the candidate presenting such petition and the can- didate opposed thereto shall each choose a member, and if such candidates, or either of them, decline to choose a mem- ber, then the board shall designate, and the three thus chosen shall constitute a committee to investigate the errors, mistakes or frauds complained of. Said committee shall, in some public place, where such candidates and their counsel may be present, if they so desire, without unnecessary delay proceed to open the ballot boxes from such village, townships or wards, and to make a recount thereof as to such candi- dates, and make correct and full returns in writing under their hands to said board, showing the whole number of votes given, the names of the candidates, and the number of votes given to each, written out in words and figures as upon the ballots. Said committee, upon making such recount, shall at once return the ballots to their respective boxes, carefully fasten and seal the same and deliver them to the officer hav- ing the care and custody thereof. Said board of canvassers, upon receiving the report of such committee, shall accept the same as correct, anything in the previous declaration, certifi- cate or returns from such township, ward or village to the contrary notwithstanding. Any candidate not receiving a certificate of election, may for errors apparent upon the face of the returns have the same examined and corrected upon certiorari to the circuit court of the county, according to the rules and practice applicable to such writs. In all cases where, by reason of such recount, the petitioner succeeds in establishing a fraud or mistake, as set forth in his petition, and receive a certificate of election, the money deposited by LAWS RELATING TO ELECTIONS. 89 him shall be refunded. For fraudulent or illegal voting, or Remedy for tampering with the ballot boxes before a recount by the board of canvassers, the remedy by quo warranto shall remain in full force, together with any other remedies now existing. The usual final adjournment of a township board of can- Final adjoum- vassers shall be deemed subject to the recall of the board as herein provided. PURPOSE OF THE LAW: It was intended by this act to give a party aggrieved by the action of the inspectors of election and the board of city canvassers the right to a recount of the votes cast for and against him for the office for which he was a candidate, in the first instance at least, if he should desire it, without resort to proceedings by quo warranto. McKenzie v. Canvassers, 70 / 151 ; May v. Canvassers, 94 / 510. The evident purpose of this act was to provide for a recount antecedent to the determination by the county canvassers of the number of votes cast for the office as to which the recount is applied for. It was clearly intended that, in case of various contests arising before the board, different committees could, be appointed and the count in all cases proceed at once. The board acting on a contest may well be held to constitute a special tribunal, when in session, only for the purpose of considering such contest. It was not the legislative intent that a presentation of the application to the body, when so acting, and after a full performance and determination of the result as to the candidates for other offices should entitle the party presenting such petition to a recount. Newton v. Canvassers, 94 / 458. Electors are not to be deprived of the result of their votes by the mere mistakes of election officers which do not appear to have affected the result. But, on the other hand, where fraud appears upon the part of the inspectors, the voter must sometimes be de- prived of his vote ; and this must always be the case where mandatory pro- visions of the election law are disregarded, if the result would be thereby changed. Att'y Gen. v. Stillson, 108 / 419. The board of canvassers, on return of the report of a recount committee appointed under this section, are under no duty to correct errors of the committee not shown on the face of their report.- Atwood v. Sault Ste. Marie, 141 / 295. The only way to try titles to office finally and conclusively is by quo war- ranto. Frey v. Michie, 68 / 324. Lachance v. Mackinac Co. Canvassers, 157 / 079. Where respondent, a candidate for election as supervisor, was also a mem- ber of the board of election canvassers, and signed the report of a recount de- claring respondent elected, but a majority of the board without counting re- spondent signed the report, it was valid and conclusive of the facts stated therein. Miner v. Beurmann, 165 / 672. ENFORCEABLE BY MANDAMUS : The right to a recount, upon com- pliance with the provisions of this act, is enforceable by mandamus. May v. Canvassers, 94 / 510 ; McKenzie v. Canvassers, 70 / 147 ; Packard v. Can- vassers, 94 / 450. APPLICATION TOO LATE: An application by a candidate for supreme judge to a board of county canvassers under this act made on the last day on which the state canvassers can canvass the returns and issue the certificate of election, is not in time. Newton v. Canvassers, 94 / 455 : Drennan v. Com. Council, 106/117. WHEN ACT DOES NOT APPLY: This act and the next following do not apply in the case of members of a common council in a city whose coun- cil is made the sole judge of the election of its members. Weston v. Probate Judge, 69 / 600 ; Naumann v. Canvassers, 73 / 252 ; Aud. Gen. v. Supervisors, 89 / 567 ; Hilton v. Grand Rapids Com. Council, 112 / 500. But these acts apply in cases where the council is not made by the charter the judge of the election and qualification of its own members. McKenzie v. Canvassers, 70 / 147. These acts do not apply to the office of state senator. Wheeler v. Canvassers, 94 / 448. Nor congressmen. Belknap v. Canvassers, 94 / 516. Nor circuit judge. Vance v. Canvassers, 95 / 462. EFFECT OF RECOUNT MADE: When the board has recounted and de- clared the result, it becomes functus officio and the remedy of the party claiming to be aggrieved is by a quo warranto proceeding to test the valid- ity of the election. Packard v. Canvassers, 94 / 451. VOTING MACHINES : Application of this section when voting machines are used. Truinbull v. Bd. of Canvassers, 140 / 537. See also Lamoreaux v. Atfy Gen., 89 / 146 ; Johnson v. Bd. of Canvassers, 101 / 191 ; Keith v. Wendt, 144 / 49 ; Ward v. Culver, 144 / 57, 71. STATE OP MICHIGAN. Petition to probate judge of candidate intending to contest elec- tion. Proviso as to filing petition. What petition shall set forth. PRESERVATION OF EVIDENCE OF ERROR OR FRAUD. An Act to preserve evidence of error or fraud in the counting of bal- lots and in elections [election] returns, and in the count of in- spectors of elections [election] and the declaration of the board of canvassers in contested elections. [Act 293 of 1887.] The People of the State of Michigan enact: (253) 3726. SECTION 1. That any candidate voted for at any election in this state intending to contest the same, may, after the decision of the board of canvassers and with- out waiting to commence quo warranto proceedings, by peti- tion to the probate judge of the county in which the election is held, cause the ballot boxes, or such number of them as he may specify in his petition, to be brought before the board of examiners created by section six of this act, and by said board to be opened and the ballots therein counted: Pro- vided, That at the time of filing such petition he shall de- posit thirty dollars with such judge of probate, which amount shall be disposed of as hereinafter provided. See notes to preceding act. The supreme court has held; this act too de- fective to be executed, unless by common consent. Andrews v. Probate Judge, 74 / 278. PETITION : The petition must show whom the canvassers have decided to be elected in order that notice of the contest may be given him. Andrews v. Probate Judge, 74/278. This act does not apply to a city whose common council is charged with the duty of canvassing the votes cast for, and given the exclusive right to determine the election, and qualification of, the officers whose election is sought to be contested, which duty it has discharged, and right exercised, without objection by any one. West on v. Probate Judge, 69 / 600 ; Nau- mann v. Board of City Canvassers, 73 / 252. See Hilton v. Gd. Rapids Com. Council, 112/501. (254) 3727. SEC. 2. Said petition shall set forth that the petitioner was a candidate for the office claimed by him, and by him intended to be contested, and that he received votes therefor; that he has good reason to believe and does believe either First, That there was error or fraud in the count or in the returns of the inspectors of elections; or, Second, That there was error or fraud in the count or de- termination of the board of canvassers; or, Third, That there was error or fraud in both, and that it is his bona fide intention to contest the count and returns of the inspectors of election, or the count or determined result of the board of canvassers of said election, or of both, and further stating that he believes that unless the ballot boxes are opened and the ballots therein counted without unneces- sary delay his rights will be jeopardized. Said petition shall be in writing, and shall be subscribed and sworn to by the petitioner, or by some one in his behalf, and a copy thereof shall be served upon the person or persons who were can- didates for said office at said election. Andrews v. Judge of Probate, 74 / 278. LAWS RELATING TO ELECTIONS. 91 (255) 3728. SEC. 3. Upon the filing of said petition Duty of pro- the probate judge shall notify the members of the board of examiners created by section six of this act of the filing of P etition - the said petition and shall in the notice appoint a time and place for the board of examiners to meet, and shall issue an order causing the ballot boxes to be brought before the board of examiners created by section six of this act at a place and at a time specified in the order, which shall not be less than two, nor more than ten days from] the issuing there- of; and a copy of said order shall be served upon the persons whose election is to be contested, and also upon the officer in whose custody is kept the ballot boxes of said election, whose duty it shall be to produce said boxes before said board of examiners at the time and place named in said order. This act is too defective to be carried into execution except by common consent, in this: (a) No provision is made for the appointment of a time when the board of examiners will be appointed, or for the notice to the suc- cessful candidate to appear and take part In the formation of the board, (b) There is no provision for a case where the examiners appointed refuse to serve nor any requiring them to take an oath before proceeding to the discharge of their duties. (c) The act should require the inspectors en- trusted with the key and election seal, as well as the clerk, to appear before the board of examiners. Andrews v. Judge of Probate, 74 / 278. (256) 3729. SEC. 4. Upon the day and at the place when ballot specified in the order the boxes shall be brought before the board of examiners created by section six in [of] this act, and opened by and in the presence of the board of examiners etc. and the judge of probate, and the ballots therein shall be counted by said board. And the board of examiners above mentioned shall proceed to count the ballots in said boxes, and continue the same from day to day until the completion of the count thereof, and shall make a statement in writing of the result of the said count, and each member thereof shall sign the same, and it shall be sworn to by each member of said board before the judge of probate and the said sworn statement shall be deposited by the judge of probate in the office of the county clerk, and shall be conclusive evidence in any subsequent proceeding at law of the ballots cast in boxes so opened. Andrews v. Probate Judge, 74/285. (257) 3730. SEC. 5. After the ballots are counted they Ballots, after shall be placed back in the boxes and sealed up by said board shau^eTeaied and returned to the officer who is by law entrusted with the custody thereof. (258) 3731. SEC. 6. The board of examiners to carry Board of ex- into effect the provisions of this act shall consist of three per- ^omTo con- sons, who shall be electors of the county in which proceedings sist, etc. are had, one appointed by the candidate presenting such peti- tion, one by the candidate opposed thereto, and one by the judge of probate. They shall sit together before the judge of probate [probate judge] at the time and place specified in his order, and said probate judge shall preside over all meetings 92 STATE OF MICHIGAN. Proviso. of said board in accordance with the provisions of this act. If the candidate presenting such petition or the candidate opposed thereto shall decline to so choose a member then the judge of probate shall designate, and the three thus chosen shall constitute the board of examiners : Provided,, however, That when there is a recount demanded of the ballots cast for the office of judge of probate then the county clerk shall serve in the place of the judge of probate and perform the duties herein imposed upon the judge of probate in other cases. (259) 3732. SEC. 7. Whenever a contestant, in the opinion of the board of examiners created under this act, establishes the truth of his allegations in his petition for a recount, the fee of thirty dollars deposited with the judge of probate as provided for in section one shall be returned to him. If he does not establish the truth of his allegations, then in such case the fee shall be paid to the county treas- urer to be put into the contingent fund of the county. Section 8 repeals "All acts or parts of acts contravening the provisions of this act." When fee de- posited with judge to be returned to contestant. CHAPTER V. ELECTION DISTRICTS IN TOWNSHIPS AND VILLAGES. An Act relative to dividing townships and villages into election dis- tricts and to provide for the registration of electors in such cases. Townships, division of. Proviso. Further proviso. [Act 203 of 1877.] The People of the State of Michigan enact: (260) 3582. SECTION 1. In any township in the state of Michigan the township board thereof may divide said town- ship into two or more election districts : Provided, That such division be made at least twenty days previous to the first general election or township meeting thereafter and a diagram of the boundaries of each district be posted therein in three or more public places with a plain description and the num- ber of the same not less than fifteen days previous to such election or township meeting and by publishing said notice in some newspaper of general circulation in the district affected, weekly for at least three weeks previous to such election or township meeting : Provided further, That no township shall be so divided unless it contains at least three hundred elec- tors, or contains more than one 'Surveyed township, either entire or fractional, as determined by the government survey thereof. Am. 1911, Act 13. LAWS RELATING TO ELECTIONS. 93 (261) 3583. SEC. 2. The township board of such town- Boundaries^ ship shall enter upon their record the boundaries and num- to bantered ber of each of said election districts, commencing at number OI "one," and shall have power to change the same, and shall give like notice of such change, before the next general elec- tion or township meeting as required by section one of this act for establishing the boundaries of such district. They ^{9 n of first shall also give six days' notice of the place in each district of holding the first election or township meeting therein. (262) 3584. SEC. 3. The township officers of said town- Boards of , . t , ! i - / inspectors 01 ship, who, by existing laws, constitute the board of inspectors elections in of election in said township, shall be the board of inspectors of election in election district numbered "one" therein, and two justices of the peace and the treasurer of said township shall be the board of inspectors of election in election dis- trict numbered "two," and in case there shall be more than two election districts in any township the township board shall for the remaining districts appoint three freeholders, who shall be residents and qualified electors of the district in which they shall serve> to constitute a board of inspectors of election in such remaining district, and shall hold their office until their successors are elected and qualify, and shall be known as "district inspectors of election." The manner of Manner of such election of inspectors shall be by ballot as for township officers chosen by ballot, and the ballot shall contain the name of the person voted for and the words "inspector of election" added thereto, and the three persons receiving the highest number of votes in said district for said office shall be the board of inspectors of election for the ensuing year in such district, and until their successors are elected and qualify. (263) 3585. SEC. 4. The boards of inspectors of each inspectors of -,.,.,_,,,,. , .. . IT,. election, their district shall be inspectors of elections in each election or powers and township meeting held therein. They shall appoint one of duties - their number chairman of the board, shall administer oaths, make appointments, and have the same powers and authority for preserving order and enforcing their commands and all other powers for proceeding with the elections in said dis- trict, and shall conduct the elections therein, in the same manner as now or hereafter directed by law for township inspectors of general elections held in this state, unless herein otherwise provided. They shall receive the same coinpensa- tion of township inspectors from the township, and before office entering upon their duties shall take and subscribe the oath of office prescribed by the constitution. (264) 3586. SEC. 5. The electors of each district shall Electors to vote in the respective districts in which they reside, and for iTwh which they are registered, except such as are required to act reside - as inspectors of election, who may vote at the polls where they act as inspectors. (265) 3587. SEC. 6. The board of registration shall Registration complete the registration of electors in each district in sepa- J 94 STATE OF MICHIGAN. rate district registers, and shall transcribe to such district register from the township register the names of such electors as they know are qualified electors and residents of such dis- trict, and shall cause such district register to be present at every meeting of the district board of registration and at every election held in such district. The two justices of the peace whose terms of office shall last expire shall constitute the board of registration in said election district number two, and the said board of registration shall hold meetings for the registration of the qualified electors of said district, under like notice, at the same time and in the same manner as is prescribed by the general laws of this state relative to regis- tration of electors in townships. In case of the absence of either of said justices of the peace, or his inability to serve, the township board shall appoint some qualified elector of such township to perform such duties. The person so ap- pointed shall take and subscribe the constitutional oath of office. Canvass of votes in dis- trict. Official canvass of township. Am. 1911, Act 204. (266) 3588. SEC. 7. The district inspectors of elections shall, without adjourning, publicly canvass the votes received by them, the same as prescribed by law for canvassing votes at the general elections in this state, except as herein other- wise provided, and shall on the same day make a statement in writing, setting forth in words at full length the whole number of votes given for each office, the names of persons for whom such votes for each office were given, and the whole number of votes given upon each question voted upon, and the number [of votes] given for and against the same; which statement shall be certified, under the hands of the inspectors of election of such district, to be correct, and they shall de- posit such statement and certificate on the day of election, together with the poll list and the register of electors and the boxes containing said ballots, with the board of inspectors of district numbered "one," and said last named board shall immediately consolidate said district reports, and the com- bined result shall be the official canvass of said township. The provisions of this section for consolidating the reports of district in- spectors is superseded so far as relates to the manner of the return by inspectors, by the election law of 1891. Belknap v. State Canvassers, 95 / For law of 1891, see sections 139-183. (267) 3580. SEC. 8. The electors of each election dis- trict shall meet at one o'clock in the afternoon at the polling Time of meet- ing of electors to transact can vas? votes, place of each district respectively to transact such business as is usually transacted at township meetings by viva voce vote, and shall count or canvass the votes on each and every question. which shall be submitted to them and the result of such vote shall be counted and reported to the board of in- spectors of election of precinct number one, and shall be by them consolidated and canvassed in the same manner as pro- LAWS RELATING TO ELECTIONS. 95 vided by section seven of said act : Provided, That all ques- Proviso as tions proposed to be acted upon shall be previously reported question 1 . 1 " 8 to the township board and by them reported to the board of inspectors of election of each precinct on the morning of elec- tion, and that no question shall be entertained that is not so reported. Aud. Gen. v. Duluth, etc., R. Co., 116/125. (268) 3590. SEC. 9. The president and trustees of any Division in incorporated village may divide said village into as many vina ^ s - election districts, containing as nearly as possible an equal number of qualified electors, as they shall deem necessary and convenient for conducting the elections in said village. They Notice of shall give not less than fifteen days' notice of said division division ' before the next ensuing election in said village, by posting in not less than three public places in each election" district, or by publishing the same two weeks in a newspaper published in said village, a description of the boundaries of said dis- trict, and the place of holding the first election therein, and the number of said district. (269) 3591. SEC. 10. Said president and trustees ishall gg ord - where make a record of the boundaries and number of each election district and file the same with the clerk of the village so divided, and may change the same by giving the notice before the ensuing election as required by [in] section nine of this act. (270) 3592. SEC. 11. The officers of said village who, inspectors of by existing law, act as a board of inspectors of election of el said village shall, under this act, constitute a board of in- spectors for election district numbered "one" of said village, and one of said trustees, with two qualified electors who are freeholders, the latter of whom shall be residents of the elec- tion districts in which they serve, shall constitute a board of inspectors of election in each of the remaining election dis- tricts. Six days' notice of such first appointment for any district, with the place of holding the first election therein, shall be given in said district, and said inspectors shall hold Term of office their offices for one year and until their successor's are ap- of ^P 6 ^ 01 " 8 - pointed and qualify. (271) 3593. SEC. 12. Each board of district inspectors Manner of of election shall appoint one of their number chairman, and %$&** shall conduct the election in said district with the same power and authority and in the same manner, unless herein otherwise provided, as now or hereafter directed by law for inspectors of general elections held in this state, unless herein otherwise provided, and shall, at the closing of the Canvass of polls, without adjourning, publicly canvass the votes received tScts. in dis by them the same as in general elections, and declare the result, and shall on the same day make a statement in writing, setting forth the whole number of votes given for each office, the names of persons for whom such votes for each office were 96 STATE OF MICHIGAN. Official canvass of village. Registration of electors in villages. given, and the number of votes so given for each person ; which statement shall be certified under the hands of the inspectors of such election district to be correct, and they shall deposit such statement and certificate on the day of election, together with the poll list and the register of electors and the boxes containing said ballots, with the board of inspectors of election of district numbered "one," who shall combine the reports from each district upon each question and proposi- tion, and what persons were duly elected, and the result thereof shall be the official canvass of such village. (272) 3594. SEC. 13. The registration of electors shall be conducted in said village by the board of registration thereof, in the same manner as above provided for the regis- tration in township election districts, and where not so pro- vided, then by existing laws for registration of electors, and all such persons appointed or elected as herein provided shall, before entering upon the duties of their office, make and sub- scribe the constitutional oath of office of this state, and said villages may provide for the payment of such officers. (273) SEC. 14. The township board of any township which has been or may hereafter be divided into two or more election districts under the provisions of this act, may at any time abolish said division into election districts, and said action so abolishing said division into election districts shall be entered upon the records of said board, and subsequent elections in said township shall be conducted in the same man- ner as if no division of said township into election districts had ever been made: Provided, however, That this section shall not apply to divisions made by special act of the state legislature. May abolish division into election dis- tricts. Proviso. Added 1901, Act 21 ; Am. 1911, Act 13. CHAPTER VI. PRIMARIES IN CITIES. An Act to provide for the holding of primaries in cities of not less than fifteen thousand inhabitants, and not over one hundred fifty thousand inhabitants, and to punish frauds thereon, and by dele- gates elected thereat, and the corruption and attempted corruption of such delegates. [Act 135 of 1895.] The People of the State of Michigan enact: HOW the word (274) 3514. SECTION 1. That the word "primary" in be construed this ac ^ sna ^ De construed to mean an assemblage of voters of any political party duly convened for any of the purposes set forth in this act, and that the words "primary elections," as used in this act, shall be construed so as to embrace all elections held by any political party, convention, organization LAWS RELATING TO ELECTIONS. 97 or delegation therefrom, for the purpose of choosing candi- dates for office, or for choosing delegates to any convention or conventions to be held by the party holding such primary, or for the purpose of electing officers of any political organ- ization, convention or association. See sections 390 8 for the protection of primary elections and conventions. (275) 3515. SEC. 2. The primaries of any political j^m^es to^ parties in cities included in this act, shall be held by the dffferent m several wards of each such city, and all the wards shall hold Snt^fme! 16 their primaries for the same party at the same time: Pro- proviso, vided. That in any city whose population is fifty thousand and not more than one hundred and fifty thousand such primaries may, by direction of the principal committee of any party organization in any such city, be held by the voting precincts of the several wards of said city. Any ward or in case ward precinct failing to hold its party primary at the time desig- nated therefor, as provided in section three of this act, shall not be represented at the election or convention of its party, so far as relates to the special purpose for which such primary w^as called. (276) 3516. SEC. 3. The time for holding the primaries Time 9 in any city shall be determined by the principal committee 111 of the party having in charge the particular matter for which the primary is called. Notices of the time for holding said Notice of time primaries shall be given by the city or ward committee of the respective parties in the same manner as provided in sec- tion nine of act three hundred and three of the session laws of one thousand eight hundred and eighty-seven, as amended by act one hundred and seventy-five of the session laws of one thousand eight hundred and ninety-three. The section above referred to is section 398 of this compilation. (277) 3517. SEC. 4. The common council of any city when council embraced in this act may, in their discretion, cause the elec- b5Ji OV1 tion booths of their respective cities to be provided or erected within ten days after they shall have received notice from the chairman of any duly organized committee, whose duty it shall be to call the same, that the booths will be needed for holding a primary : Provided, That the chairman of such Proviso as to committee shall serve such notice upon the clerk or recorder of said city, at least twenty days before the time fixed for holding such primary. (278) 3518. SEC. 5. The primaries in any city affected by this act and containing less than thirty thousand inhabit- in cities, ants shall be held between the hours of four and eight o'clock p. m., standard time. The primaries in any city affected by this act and containing more than thirty thousand inhabit- ants shall be held between the hours of two o'clock and eight o'clock p. m., standard time. Am. 1899, Act 22. 13 98 STATE OP MICHIGAN. Board of in- spectors to preside at primaries. Members of ward com- mittee. Two inspec- tors to be chosen. Vacancy, how filled. Who eligible to vote at primaries. Proviso as to administration of oath. In case voter challenged to produce proof as to qualifica- tion for voting. When vote may be re- cei ved . (279) 3519. SEC. 6. Each primary shall be presided over by a board of inspectors, which shall be composed of a chairman, who shall be a member of the ward committee of the party holding said primary, residing in the ward where the primary is held, and of two qualified voters chosen from the residents of said ward, and who shall belong to the party holding such primary. Each political party desiring to hold primary elections shall, at the first primary election after this act takes effect, elect a member of the ward committee and two inspectors of primaries for each ward or voting pre- cinct, whose term of office shall be for two years. At the first primary held after this act takes effect, each political party shall choose two inspectors, and if there be no member of its ward committee, also a chairman of such committee, by a viva voce vote of the electors of the party holding such pri- mary present at the opening of said primary. And if any member of such board of primary inspectors shall be absent, or for any reason be disqualified from sitting on the board of which he is a member, such vacancy shall be filled by a viva vpce vote of the voters of the party holding such primary at the opening of the same. (280) 3520. SEC. 7. No voter whose name does not appear on the registration list of the last preceding election, or when the committee of any party shall have adopted party registration and his name does not appear upon [such] each party registration books, shall be allowed to vote at any pri- mary : Provided, If any qualified voter whose name does not appear on said registration list or on the adopted party reg- istration, and who desires to vote at such primary, the chair- man of the board of primary inspectors shall administer to him the following oath: "You do solemnly swear that you are a resident of this ward or voting precinct ; that you re- side at (here state the place of residence where said proposed voter claims to reside) ; that you have lived there more than ten days prior to this day; that you are a member of the (here name the" party holding the primary) ; that you are a qualified voter of this state and of the United States, and that you have not voted at any other primary election in any other ward or voting precinct than this since last election, so help you God." If after taking the foregoing oath said voter shall be challenged on the ground that he is not a resident of said ward or voting precinct, the board of inspectors shall, before his vote is received, require him to produce before said board, some well known and reputable resident of said ward or voting precinct, who will make oath that he knows the person desiring to vote, the place of residence of said person, how long he has lived there, his occupation, and to answer such other questions as may be put to him concerning the qualifications of said applicant to vote at said primary. If from the oath of such person the board is satisfied that such applicant is a qualified voter and resident of said ward or voting precinct, said vote shall be received, otherwise it shall LAWS RELATING TO ELECTIONS. 99 be rejected. Any person swearing falsely under the provi- Penalty for sions of this section, upon conviction thereof before any /ng. e swea court of competent jurisdiction, shall be subject to all the pains and penalties of perjury. TEN DAYS : The constitution changes the time of residence in ward, etc., from ten days to twenty days. (281) 3521. SEC. 8. Only qualified voters identified with the party or organization holding such primaries, and primaries, who shall be residents of the ward or precinct when such caucus or primary is held for ten days or more prior to the date of the holding of such caucus or primary, shall be per- mitted to vote thereat, and if any person shall be challenged on the ground that he is not a member of such party he shall Persons chai- .... . -,.'.. -, , lenged to take be required to take the following oath, to be administered by thejoiiowing any person authorized by law to administer oaths: STATE OF MICHIGAN, ) [ss. COUNTY OF . . \ oath. I do solemnly swear that I am a (name of party or organ- ization) and a resident of this ward for the last ten days, and am in sympathy with its aims and objects, and will support its principles and objects, so help me God. ( Signature) Sworn to and subscribed before me this day of. . 189. . Notary public (or other proper officer au- thorized to administer oaths), ............. county, Michigan. Tf any person who takes the foregoing oath swears falsely Penalty for he shali upon conviction thereof be subject to all the pains and penalties of perjury. TEN DAYS : See note to previous section. swear ~ (282) 3522. SEC. 9. If at the time a person proposing to vote is challenged there are several persons Waiting their turn to vote, said challenged person shall stand to one side until after unchallenged voters have had an opportunity to vote, when his case shall be taken up and disposed of: Pro- vided, That if any person shall challenge a qualified voter, resident of such ward or voting precinct, well known as a member of the party or organization holding such primary, for the purpose of annoying or delaying voters, he shall be deemed guilty of a misdemeanor. (283) 3523. SEC. 10. No two parties or organizations shall call their primaries for the same day, and the chairman of each of the principal committees of the parties having in charge the primaries to be held for any stated purpose shall notify the city clerk or recorder of the time fixed for his Challenged voter to wait until others have voted. Proviso as to malicious challenge. Two parties not to hold primaries on same day. 100 STATE OF MICHIGAN. Council to cause political parties to hold primaries at certain times. Misdemeanor to solicit money from candidates. Unlawful solicitation of votes. party primaries within twenty-four hours after the same is determined, and such day shall be considered as secured to the party whose committee chairman has first given notifica- tion thereof. (284) 3524. SEC. 11. The common council of any city embraced in this act, may cause all of the different political organizations in any city where booths are provided by said city to hold their primaries within a given time, and shall provide suitable ballot boxes for said primaries. (285) 3525. SEC. 12. If any voter shall solicit from any candidate for election at any primary, or from any other person, or shall receive, directly or indirectly, from such can- didate or from any other person any money, or promise of place or position or any valuable consideration of any kind, for his vote or support at such primary, or for his attendance thereat, or if any person shall vote at mtore than one party primary, each held for the nomination of the same class of officers or delegates before any one election, he shall be deemed guilty of a misdemeanor. (286) 3526. SEC. 13. Any person who shall hire any carriage or other conveyance, or cause the same to be done, for conveying voters, other than those physically unable to walk thereto, to any primary conducted hereunder, or who shall solicit any person to cast an unlawful vote at any pri- mary, or who shall offer to any voter any money or rewlard of any kind, or shall treat any votei; or furnish any entertain- ment to any voter, or shall promise any place or position for the purpose of securing such voter's vote, support or attend- ance at such primary or convention, or shall cause the same to be done, shall be deemed guilty of a misdemeanor. (287) 3527. SEC. 14. No delegate elected to any city or county convention shall give a proxy to represent him at such convention. All vacancies occurring in any delegation to any convention shall be filled by a majority vote of such delegation : Provided, That such delegation shall not be per- mitted to fill any vacancy which may occur in its number by any person not a resident of the ward from which such ab- sent delegate was chosen, and any person not duly elected or chosen as hereinbefore set forth, who shall sit as a member of a delegation in any convention, or who shall secure his election thereto by the offer of any valuable consideration whatever, or by the promise of any reward, place or position, shall be deemed guilty of a misdemeanor. (288) 3528. SEC. 15. Any delegate or member of any convention, or any other person who shall solicit any candidate for election or nomination before said convention for money, reward, position, place or preferment for his support in such convention, shall be deemed guilty of a misdemeanor. (289) 3529. SEC. 16. The board of inspectors shall cause the name and residence of each voter to be registered at any primary at the time of depositing his ballot: Pro- Proxies not to be given dele- gation to fill vacancies. Proviso as to delegation fill- ing vacancies. Who deemed guilty of a misdemeanor. When dele- gate deemed guilty of a misdemeanor. Registration of voters. LAWS RELATING TO ELECTIONS. 101 vided, This .section or act shall not preclude the city com- commmee mittee of any city coming within its provisions adopting rules ^ to teg- rules before the holding of any such primaries that require party registration of the voters of such party in each ward, in books to be provided by such committee, such books to be used on the day on which the primaries are held; and when such rules have been adopted and registration had, then only the persons registered as party voters can vote at said pri- mary election : Provided, That any person whose name does not appear on the books of party registration shall be al- Same? do not lowed to vote upon taking the oath prescribed in section JPI*" OI seven. Said registration, after the result has been declared, shall be deposited with and preserved by the city clerk. (290) 3530. SEC. 17. The delegates to a convention Deiegatesto shall be elected by ballot and in the following manner : The blifot? te< inspectors shall provide suitable blanks of uniform size and color, not less than three by six inches, to be used as ballots, and at each primary the names of all the delegates to be voted for shall be written or printed on one ballot, and no name shall appear more than once on the same ballot. The person receiving the highest number of votes shall be declared elected a delegate, the person receiving the next highest number of votes shall be declared the next delegate, and so on in like manner until the full number of delegates to which the ward or precinct is entitled shall have been declared elected, and the person receiving the highest number of votes at any pri- mary for any ward office shall be declared the nominee of the party holding said primary for the particular office for which he has been named : Provided, That in election of delegates in case of tie, to a convention or in the election of a candidate for any ward draw tots S wit office, if it shall appear on counting the votes polled at any slips- primary that two or more persons have received an equal number of votes for the same office and that a failure to elect to any office is caused thereby, such persons shall proceed to draw lots for the election to said office in the following man- ner: The board of inspectors for the ward or precinct where such tie may occur, shall prepare as many slips of paper as there are such persons who have received the same number of votes, and write the word "elected" on as many slips of paper as there are offices to be filled, and the words "not elected" on the remaining slips, and fold the same so as to conceal the writing, and so that they may appear as nearly alike as possible. Said slips shall be placed in a box and Manner of each of such persons aforesaid, or in his absence some dis- d interested person acting for him, may draw one of said slips from the box and such person drawing a slip on which is written the word "elected" shall be deemed legally elected as representative or nominee of the party holding such pri- mary for the office in question, and the board shall forthwith give him a certificate of such election. 102 'STATE OF MICHIGAN. How cities of certain popu- lation may conduct pri- maries. What acts to remain in force. Act to apply to cities hav- ing a certain population. Penalty for violation of act. Further penal ty for viola- tion of act. (291) 3531. SEC. 18. The common council of any city of less than fifteen thousand population not embraced in this act may, by ordinance on confirmation of the voters of such city, conduct their primaries in the same manner as those cities embraced in this act under fifty thousand population. (292) 3532. SEC. 19. All the provisions of act three hundred three, of the session laws of one thousand eight hun- dred and eighty-seven, and of all acts amendatory thereto, shall remain and be in force in the cities embraced in the provisions of this act, and have the same force as in the state at large, except as to such matters as are herein specially pro- vided for and applicable to such cities. (293) 3533. SEC. 20. This act shall apply to all cities of this state having a population of fifteen thousand and not more than one hundred and fifty thousand inhabitants; the population of said cities to be determined from the last fed- eral or state census as the case may be. (294) 3534. SEC. 21. Any person found guilty of any offense defined in this act as a misdemeanor, shall, upon con- viction thereof, be sentenced to pay a fine of not less than ten dollars nor more than five hundred dollars, or to be confined in the county jail not lass than ten days nor more than six months, or both such fine and imprisonment in the discre- tion of the court. (295) 3535. SEC. 22. Any person who shall influence any voter, delegate, candidate or other person to violate any of the provisions of this act shall be deemed guilty of a mis- demeanor, and punishable as hereinbefore provided. Annual meeting. Officers to be elected. CHAPTER VII. TOWNSHIP ELECTIONS DUTIES OF OFFICERS. [Extract from Chap. 16, R. S. 1846.] TOWNSHIP [MEETINGS. (296) 2275. SEC. 8. The annual meeting of each town- ship shall be held on the first Monday in April, in each year, and at such meeting there shall be an election for the fol- lowing officers: One supervisor, one township clerk, one treasurer, one commissioner of highways, as many overseers of highways as shall be provided for by law, so many justices of the peace as there are by law to be elected in the township, and so many constables as are to be elected, not exceeding four in number. Am. 1909, Act 66. BOARD OF REVIEW: For election of this board, see section 345. Abels v. Supervisors, 42 / 526 ; Robinson v. Supervisors, 49 / 321 ; People v. Knight, 13/424; Hubbard v. Springwells, 25/153. LAWS RELATING TO ELECTIONS. 103 (297) 2270. SEC. 9. Each of the officers named in the Election by last preceding section, shall be chosen by ballot; and before ballot - proceeding to choose the officers hereinafter directed to be chosen at such meeting. As to the last clause, see section 328. INFORMAL BALLOT: When the law requires certain officers to be elected by ballot, there is and can be no such thing as an "informal" ballot. Conrad v. Stone, 78 / 635. Sec. 10 provided for the election of overseers of highways. For the elec- tion of overseers, see section 316. (298) 2281. SEC. 11. Justices of the peace shall sev- Term of office erally hold their offices for four years, except when elected to of jus fill a vacancy in office occurring before the expiration of the legal term of four years, and when elected to fill such va- - cancy, they shall hold during the unexpired portion of such term: Provided, That when there shall have been no previous election and classification of justices of the peace in any township pursuant to the sixth article of the constitution of this state, the justices elected at such meeting shall be classed and divided by lot, respectively, for one, two, three, or four years, and shall severally hold their offices accordingly. Each justice of the peace elected to fill vacancy, or for a less term than four years, shall take his oath within ten days ; justices elected for full term shall qualify on or before July 4th after election. BOND OF JUSTICES : See sections 2369-2373, C. L., 1897. (299) 2282. SEC. 12. The commissioner of highways Term of office shall hold his office for one year, and until his successor shall sfone?of 1S high- be elected and qualified. ways. Sec. 13 contained certain provisions relative to school inspectors, that office having been eliminated by the revised constitution. (300) 2284. SEC. 14. Each of the officers elected at Term of office. such meetings, except justices of the peace and school inspect- ors, shall hold his office for the term of one year, and until his successor shall be elected and duly qualified. Att'y Gen. v. Rice, 64 / 387. (301) 2285. SEC. 15. Each township officer elected at O f officers a special meeting to fill a vacancy, shall hold his office during y^cies fiu the then unexpired portion of the regular term of the office, and no longer, unless again elected. (302) 2286. SEC. 16. The annual and special towlnship Meetings, meetings shall severally be held at the place in the township where to' be where the last annual township meeting wlas held, or at such other place therein as shall have been ordered at a previous meeting, or when there has been no such previous meeting, at such place as shall be directed in the act or proceedings by Which the township w|as organized, unless it shall, in either case, become inconvenient to do so. (303) 2287. SEC. 17. Whenever it shall become incon- when place of venient to hold a township meeting at the place designated therefor, the board of inspectors, or a majority of them, after having assembled at, or as near as practicable to such place, 104 STATE OF MICHIGAN. and opened the meeting, and before receiving any votes, may adjourn said meeting to the nearest convenient place for hold- ing the same, and at such adjourned place forthwith proceed with the meeting. Proceedings (304) 2288. SEC. 18. Upon adjourning any township m n ent dj urn ~ meeting, as provided in the last section, the board of inspect- ors shall cause proclamation thereof to be made, and shall leave a constable, or some other proper person, at the place where such meeting was opened, to notify all persons arriv- ing at such place that the meeting has been adjourned, and the place to which it has been adjourned. For what pur- (305) 2289. SEC. 19. Any anniial or special meeting may S ad?oSm n . g mav > bv a vote of tne meeting, be adjourned to any other day, and from time to time, for the purpose of transacting any proper business of the township, except for the election of officers. First meeting (306) 2290. SEC. 20. The first township meeting after when w he s i! p> the organization of any township, shall be held on the first Monday in April after its organization, and at such meeting there shall be an election for such officers as are by law to be elected at township meetings. Proceedings (307) 2291. SEC. 21. At the first township meeting in fnglntSwn- an J township, the qualified electors present, between the sni P- hours of nine and ten o'clock in the forenoon, shall choose one of their number as moderator, one of their number as clerk, and two others of their number as inspectors, who shall severally take the oath of office prescribed by the twelfth article of the constitution, and shall conduct the proceedings of such meeting in all respects as other township meetings are required by law to be conducted, as near as may be, and with the same powers. The twelfth article referred to is of the constitution of 1835, now, see section 73 infra. in case of fail- (308) 2292. SEC. 22. If the inhabitants of any newly howai?ed ng ' organized township shall fail to hold their first township meeting on the day specified by law, any three qualified voters of such township may call a meeting of the electors of such township, for such township election, at any time thereafter, by posting up notices thereof in not less than three public places in such township, at least ten days previous to the holding of such meeting. who to admin- (309) 2293. SEC. 23. At such first township meeting, ister oaths. ^ ne mo ^ era t O r shall administer the oath of office to the other inspectors, and either of the other inspectors, after having been so qualified, may administer the like oath to the mod- erator. Special town- (310) 2294. SEC. 24. Special township meetings may to%a?an gs be held for the purpose of choosing officers to fill any vacancy cies, how held. thai mav OC cur, if the township board shall deem it expedi- ent, and make their order therefor; and in case the said township board become disorganized, or reduced below the LAWS RELATING TO ELECTIONS. 105 number of a quorum, as provided by law, by, or through the death or removal of the officers composing the same, or from any other cause, then such special township meeting may be called and proceeded in, in all respects, as in the case of newly organized townships. (311) 2295. SEC. 25. Special township meetings shall special meet also be held, for the purpose of transacting any other lawful business, when ordered by the township board, on a request to them in writing, signed by any twelve electors of the town- ship, specifying therein the purposes for which such meeting is to be held ; and the mode of proceeding at all special meet- ings shall be the same as at the annual meetings. Loom is v. Rogers Twp., 53 / 142. (312) 2296. SEC. 26. Every order for a special town- orders for ship meeting shall specify the purpose for which it is to be fnlfwh held, and the time when, and the place where it shall be held ; s P ecif y- and if any vacancies in office are to be filled at such meeting, such order shall state in what offices vacancieis exist, how they occurred, and who were the last incumbents, and if the va- cancy be in the office of justice of the peace, such order shall also state at what time the constitutional term of office will expire. The record must show all statutory requirements to have been complied with. Loomis v. Rogers Twp., 53 / 135. (313) 2297. SEC. 27. The time appointed for holding within what any special township meeting shall not be more than twenty, nor less than fifteen days from the time of making the order to be held, therefor; and such order shall be left with the township clerk within two days after the making thereof, and shall be re- corded in his office. NOTICE: A special statute fixing a shorter time for a meeting for a par- ticular purpose supersedes pro tanto the general law. Miller v. Grandy, 13 / 540. See Crittenden v. Robertson, 13 / 61. (314) 2298. SEC. 28. The said clerk shall, within two cierk to give days after such order shall be left with him, cause copies notice - thereof to be posted up in three of the most public places in the township; and if there be a newspaper printed in such township, he shall also cause a copy to be published therein, if practicable, at least five days before the day appointed for such special meeting. (315) 2299. SEC. 29. No notice of the annual township NO notice of meetings shall hereafter be necessary. ?ng ual meet " 106 STATE OF MICHIGAN. OVERSEERS OF HIGHWAYS. [Extract from Ch. XIII, Act 283 of 1909.] Election of (316) SEC. 6. There shall also be elected at such meeting overseers and , V (_ i , poundmasters. to be chosen viva voce, or in such manner as the meeting may direct, one overseer of highways for each road district, and no elector except a resident in the district where the overseer is chosen, or an elector of the township having taxable prop- erty in such district, shall vote for said overseer and as 1 many poundmasters as the meeting may direct: Provided, If there shall be but one road district in a township the overseer of highways for that district shall be elected by ballot in the same manner as other township officers are elected. No per- son shall be eligible to the office of overseer of highways who is not a resident taxpayer in the district for which he is elected or appointed, and no person shall hold the office of commissioner and overseer at the same time. Proviso. Qualification of overseer. Appointment of overseer. Notice of appointment. [Ch. XII, Act 283 of 1909.] (317) SEC. 2. If any person chosen to the office of over- seer shall refuse to serve, or if his office shall become vacant, the commissioner shall, by warrant under his hand, appoint some other person in his stead; and the overseer so appointed or designated shall have the same powers, be subject to the same orders, and liable to the same penalties as overseers chosen at township meetings. The commissioner making such appointment or designation shall cause such warrant to be filed in the office of the township clerk, who shall forth- with give notice thereof to the person so appointed or desig- nated, who shall give written notice of his acceptance to such clerk within ten days after receiving such notice. [Ch. II, Act 283 of 1909.] Overseer to have charge, etc., in case of vacancy. (318) SEC. 13. If the highway commissioner be unable to take charge of the work on highways and bridges because of sickness, absence or any other reason, or in case of a vacancy in the office of township highway commissioner through death, resignation or otherwise, the overseer of highways re- siding in the same road district as the fornuer highway com- missioner resided shall have charge and supervision of all work, and shall act in the place and stead of the highway commissioner, until a new highway commissioner shall be ap- pointed or elected, and shall have all the powers and duties of such township highway commissioner, and in such case warrants drawn by him and countersigned by the township clerk shall be paid by the township treasurer. LAWS RELATING TO ELECTIONS. 107 MANNER OF CONDUCTING ELECTIONS. [Extract from Chap. 16, R. S. 1846.] (319) 2300. SEC. 30. At the election of officers re- inspectors of quired to be chosen by ballot at the annual township meeting, electlon - the inspectors of election shall be the same as at the general election. See sections 227-9 relative to conducting municipal and township elections. (320) 2301. SEC. 31. The township clerk shall be the Township clerk of the township meeting, and shall keep faithful min- Sfnutes, etc 1 ? ntes of its proceedings, and a correct list of the persons vot- ing at the election, and he shall enter at length in his minutes every order or direction, and all rules and regulations made by such meeting. ' (321) 2302. SEC. 32. If the township clerk be absent, when clerk of then such person as shall be appointed by the inspectors for ^oinfedby e that purpose shall act as clerk of the meeting, first taking an inspectors. oath, to be administered by one of the inspectors, that he will faithfully perform the duties of his office according to the best of his ability. (322) 2303. SEC. 33. The polls of the election shall be Polls, when opened at seven o'clock in the forenoon, or as soon thereafter opened - as may be, and shall close at the hour of five o'clock in the afternoon, and the inspectors shall cause proclamation to be made upon opening the polls and shall also cause proclam- ation to be made of the closing of the polls one hour, thirty minutes and fifteen minutes, respectively, before the closing thereof. Am. 1903, Act 138. (323) 2304. SEC. 34. When the election is by ballot, Ballots to be the inspectors shall deposit the ballots in a box, to be con- bo? sit structed, kept and disposed of, as near as may be, in the man- ner prescribed in chapter five. Chap. 5 referred to is R, S. '46, which is superseded by the act of 1851, see section 122 et seque. (324) 2305. SEC. 35. The ballot shall be a paper ticket, Ballots, what with the names of the persons for whom the elector intends e tc. c r to vote, written or printed, or partly written and partly printed thereon ; and shall designate the office to which each person so named is intended by him to be chosen ; but no bal- lot shall contain a greater number of names as designated to any office, than there are persons to be chosen at such election to fill such office, and each ballot shall be so folded as to con ceal the contents, and shall be delivered to one of the in- spectors. (325) 2306. SEC. 36. If at any election there shall be Designation of one or more vacancies to be supplied, in the office of justice 108 STATE OF MICHIGAN. of the peace, school inspectors, or commissioners of highways, and at the same election, any such officer is to be elected for the full term, it shall be necessary to designate on the ballot the person or persons voted for to supply such vacancy or vacancies. Challenges. Authority to preserve order, etc. Time of elect- ing officers. Proviso as to appropriation of moneys. Questions upon motions, how deter- mined. The office of school inspector is now obsolete. (320) 2307. SEC. 37. If any person offering to vote at such election, or upon any question arising at such township meeting, shall be challenged as unqualified by any inspector, or any elector entitled to vote at such meeting, the inspectors shall proceed thereupon in the manner prescribed in chapter five, in case of a challenge at the general election; and no person whose vote shall have been received upon such chal- lenge, shall be again challenged upon any other question, arising at the same township meeting. See note to section 323. (327) 2308. SEC. 38. The inspectors, or officer presid- ing, shall have the same authority to preserve order, to en- force obedience, and to commit for disorderly conduct, as is possessed by the board of inspectors at a general election. (328) 2309. SEC. 39. At the hour of one o'clock in the afternoon, there shall be elected the other officers to be elected at such meetings and all business of such meetings requiring a viva voce vote, except that required by section eight of this chapter, shall be then transacted: Provided, That on all votes for the appropriation of any moneys, or for the raising of any taxes in said township, said votes shall be taken in such a manner that the moderator of such meet- ing may be able, and shall, upon demand, state the result of each of said votes, giving the number voting for and the num- ber voting against each proposition so voted upon, all of which shall be duly recorded by the township clerk in the records of the proceedings of such meeting. The section 8 referred to is section 296. (329) 2310. SEC. 40. All questions upon motions made at township meetings, shall be determined by a majority of the electors voting; and the officer presiding at such meeting shall ascertain and declare the result of the votes upon each question. LAWS RELATING TO ELECTIONS. 109 CANVASS OF VOTES. (330) 2311. SEC, 41. The votes given by ballot shall be publicly canvassed by the inspectors, at the place where termination the meeting was held, and the result shall be read by the of clerk to the persons there assembled; and such reading shall be sufficient notice to all persons elected at that election to any office, whose names are on the poll list as voters. (331) 2312. SEC. 42. Before the ballots are opened, they shall be counted and compared with the poll list, and the compared like proceedings shall be had as to ballots folded together, ^^ po11 list - and as to differences in number, as are prescribed in chapter five. See note to section 323. (332) 2313. SEC. 43. The canvass being completed, and f e t s a u tem | n c t of the result ascertained, the inspectors shall draw 1 up a state- r ment in writing, setting forth, in words at full length, the whole number of votes given for each office, the names of the persons for whom such votes for each office were given, and the number of votes so given to each person, which statement shall be certified under the hands of the inspectors to be correct. (333) 2314. SEC. 44. The inspectors shall also certify statement of upon such statement, their determination of the persons f^bTcerSfied elected to the respective offices, including as well those and recorded, elected without ballot, as those elected by ballot; which state- ment and certificate of determination shall be left with the towtiship clerk, and recorded in his office. Robinson v. Supervisors, 49/321. (334) 2315. SEC. 45. The persons having received the choice deter- greatest number of votes given for any office at such election, mined by lot - shall be deemed and declared duly elected; and if two or more persons shall have received an equal number of votes for the same office, the inspectors of election shall determine the choice by lot, and shall declare and certify the same ac- cordingly. People v. Molitor, 23/341. TOWNSHIP OFFICERS. (335) 2316. SEC. 46. All officers, except justices of the oath of office. peace, required to be elected at township meetings by ballot, shall, before entering upon the duties of their offices, and within ten days after notice of their election, respectively take and subscribe the oath of office prescribed by the twelfth article of the constitution, before the township clerk, or some 110 STATE OF MICHIGAN. other officer authorized to administer oaths, and file the same with the township clerk, who shall record the same; and such oath shall be administered without reward, and certified by the officer before whom the same was taken, with the date of taking the same. Art. 12 referred to, is of the constitution of 1835, see section 73. aerks when (336) 2317. SEC. 47. Within two days after the elec- sonseiected. r " tion of any officers at a township meeting, the clerk shall transmit to each person elected to any township office, and whose name shall not have been entered on the poll list at such election as a voter, a notice of his election; and each overseer of highways and poundniaster elected at such meet- ing, shall, within ten days after notice of his election, file with the said clerk a notice in writing of his acceptance, and in default thereof he shall be deemed to have refused to serve. when justices (337) 2318. SEC. 48. The persons so elected justices of thefr t duSes > . 1 ii the peace, shall enter upon the duties of their offices respect- ively, as follows: 1. Those elected for the full term of four years, on the fourth day of July next succeeding their election; 2. Those elected to fill vacancies, and those elected at the first township meeting in any new township, immediately upon the filing of their oath of office and security with the county clerk, as required by law. Hulbert v. Henry, 105/212. Justices resid- ing in new townships. Classification of justices. Mode of decid- ing term of office. (338) 2319. SEC. 49. When a new township shall be organized, if there be one or more justices of the peace re- siding therein, they shall be deemed to have vacated their re- spective offices. (339) 2320. SEC. 50. Within six days after the election of justices of the peace in such new township, the supervisor shall give notice in writing to the justices elected, and to the township clerk, of the time and place when and where he will meet them, to determine by lot the classes of such justices; which notice shall be served at least six, and not more than twelve days, previous to the time appointed therein for such meeting. (340) 2321. SEC. 51. At the time and place so ap- pointed, the supervisor and township clerk shall cause to be written on separate pieces of paper, as near alike as may be, the numbers one, two, three, four, or such and so many of such numbers as shall correspond with the number elected, and shall cause them to be rolled up as nearly alike as may be, and deposited in a box ; and the persons elected justices shall severally draw one of the said pieces of paper, and each shall be classed according to the number written on the paper so drawn by him, and shall hold his office for the term as fol- lows: The term of number one shall expire on the fourth day of July then next following, and the terms of the others LAWS RELATING TO ELECTIONS. Ill on the fourth day of July in each succeeding year, respect- ively, according to the numbers drawn by them. (341) 2322. SEC. 52. If any person elected a justice when super- shall neglect to attend such drawing, the supervisor shall fofabsent draw for him 1 ; but if the supervisor be absent from his town- J' us1 ship, or unable to serve, or his office be vacant, the township clerk shall give the notice, and perform the duties herein en- joined on such supervisor. (342) 2323. SEC. 53. Duplicate certificates of such ^S on of drawing, and of the result thereof, shall be made and certi- to be made fied by the supervisor and township clerk, or such one of a them as shall attend the same, one of which shall be filed with the township clerk, and the other with the county clerk, and shall be recorded by said clerks in the books in which the canvasses of votes shall have been recorded, and shall be conclusive evidence of the classes to which the justices ,so elected belong. (343) 2324. SEC. 54. In case more than one existing classification vacancy in the office of justices of the peace shall be supplied efecti S onto fin by election at any township meeting, the classes of the per- vacancies - sons elected to fill the same shall be determined by lot, within the time, and in the manner prescribed for classifying justices elected in new townships. (344) 2325. SEC. 55. If any person elected to any Penalty for township office, except that of justice of the peace, of whom Suli?fy. to an oath of office is required, who is not exempted by law from holding the office to which he is elected, shall not, with- in ten days after notice of his election, take and subscribe the oath of office required by law, and cause the same to be filed with the township clerk, or if any such officer of whom a bond or security shall be required, shall not file such bond or security within the time above limited for filing his said oath, he shall forfeit and pay the sum of ten dollars; and if any person elected to the office of overseer of highways or pound- master, and not exempted by law from holding such offi'ce, shall refuse to serve, he shall forfeit and pay the like sum, unless the person selected shall file with the clerk of his town ship, within said ten days, a written notice stating that he declines accepting the office. THE BOARDIOF REVIEW. [Extract from Act 206 of 1893.] (345) 3851. SEC. 28. At the annual township meeting Board of re- held on the first Monday of April in the year eighteen hun~ oi ew> el< dred and ninety-four, there shall be elected by ballot, on the regular township ticket, two tax-paying electors of the town- ship, who shall be owners of land in said township, to serve 112 STATE OP MICHIGAN. as members of the board of review, one of whom shall be elected for one year and one for two years, and annually thereafter one member shall be elected for two years, who shall take the constitutional oath of office as other township officers. The supervisor and the two electors so elected shall constitute a board of review for such township. The town- ship board may temporarily fill any vacancy which shall occur in said membership of said board of review, but no member of such township board shall be eligible to fill such vacancy. A majority of said board of review shall constitute a quorum for the transaction of business, but a less number may adjourn from day to day and a majority vote of those present shall decide all questions. Who to con- stitute. Vacancy, how filled. Quorum, etc. Am. 1901, Act 129. The above section is taken from an act providing for the assessment of property and collection of taxes, etc. RESIGNATIONS, VACANCIES, AND SUPPLYING VACANCIES. HOW resigna- (346) 2326. SEC. 56. Resignations of all officers tionsmade. elected at township meetings shall be in writing, signed by the officer resigning, and addressed to the township board, and shall be delivered to and filed by the township clerk ; and when a justice of the peace resigns, such clerk shall im- mediately transmit a copy of such resignation, certified by him, to the county clerk. When office (347) 2327. SEC. 57. Every township office, including vacant " 16 the on *i ce f justice of the peace, shall become vacant, upon the happening of either of the events specified in chapter fif- teen, as creating a vacancy. VACANCIES: See sections 440, 442, 446, 449. Paw Paw v. Eggleston, 25 / 39 ; People v. Stellwagen, 33 / 1. ship board. ( 348 ) 2328 - . SEC - 58 - Whenever there shall be a va- canc J> or when the incumbent shall, from any cause be unable made by town- to perform the duties of his office, in either of the township o ffi. ces> except that of justice of the peace and township treas- urer, the township board may make temporary appointments of suitable persons to discharge the duties of such offices re- spectively; and such persons, so appointed, shall take the oath of office, or file the notice of acceptance required by law, and shall continue to discharge such duties until the office is filled by election, or until the disability aforesaid be re- moved. Bank v. St. Joseph, 46 / 528 ; Locke v. Highway Com'r, 107 / 633. Murphy v. Montmorency Circuit Judge, 159 / 392. A township temporarily represented by an appointed supervisor has the same voice upon the board' that it had before the vacancy. Peck v. Supervisors, 102 / 346. LAWS RELATING TO ELECTIONS. 113 (349) 2329. SEC. 59. In case the treasurer of any town- when town- ship shall refuse to serve, or shall vacate his office before f^te^ppoint- completing the duties thereof, or be disabled from completing ed b y board. the same, by reason of sickness or any other cause, the town- ship board shall forthwith appoint a treasurer for the re- mainder of the term, who shall give like security, and be sub- ject to like duties and responsibilities, and have the same powers and compensation as the treasurer in whose place he was appointed, and the township clerk shall immediately give notice thereof to the county treasurer; but isuch appointment shall not exonerate the former treasurer, or his sureties, from any liability incurred by him or them. CERTAIN DUTIES OF {TOWNSHIP CLERK RELATIVE TO ELEC- TIONS. (350) 2339. SEC. 66. He shall transcribe in the book Minutes of of records of his township the minutes of the proceedings of every township meeting held therein, and he shall enter in such book every order or direction, and all rules and regula- tions made by any such township meeting. Harding v. Bader, 75 / 318. (351) 2340. SEC. 67. The township clerk of each town- cierkstomake ship, and the city clerk of each city, shall, immediately after officers o the qualifying of the several officers elected or appointed in count y clerk - their respective townships and cities, return to the clerks of their respective counties the names 1 of all such officers, with their respective postoffice addresses: Provided, that the township clerk of the township of South Manitou in the county of Manitou, may make such return at any time before the first day of June next after the election of such officers. (352) 2341. SEC. 68. Each township clerk shall, imme- TO give notice diately after the election of any justices of the peace in his ^stS 1011 f township, transmit a written notice thereof to the county clerk, stating therein the names of the persons so elected, and the terms for which they were respectively elected ; and if one or more of them has been elected to fill a vacancy, he shall state in such notice who was the last incumbent of the office. 15 114 STATE OF MICHIGAN. Duties of treasurer. TOWNSHIP TREASURER. (353) 2353. SEC. 76. The township treasurer shall re- ceive and take charge of all moneys belonging to the town- ship, or which are by law required to be paid into the town- ship treasury, including all moneys that may accrue to his township on account of non-resident highway taxes, and shall pay over and, account for the same, according to the order of such township, or the officers thereof duly authorized in that behalf; and shall perform all such other duties as shall Not to hold be required of him by law; but no person shall be eligible to than e two r years the office of township treasurer for more than two years in in succession, succession, i > COMPENSATION OF TOWNSHIP OFFICERS. (354) 2374. SEC. 95. The following township officers shall be entitled to compensation at the following rates for each day actually and necessarily devoted by them to the service of the township in the duties of their respective of- fices, to be verified by affidavit, whenever required by the township boards: First, The officers composing the township boards, board of registration, board of health, inspectors of election, clerks of the poll and commissioners of highways, three dollars per day, and at the same rate for parts of days; Second, The supervisor for taking the assessment and for all services not connected with the above boards, three dol- lars per day and at the same rate for parts of days ; Third, The township clerk, as clerk of the township board, three dollars per day and at the same rate for parts of days, but no township officer shall be entitled to pay for acting in more than one capacity at the same time. Am. 1907, Act 98 ; 1911, Act 260. (355) SEC. 2. This act shall not take effect until ratified by the electors of said township. Added 1911, Act 260. Compensation (356) 2375. SEC. 90. For services not otherwise pro- ^?ces ther ser ~ vided for by law, rendered to townships by township officers in the duties of their respective offices, the township Nboard shall audit and allow such compensation as they shall deem reasonable. Sawyer-Goodman Co. v. Crystal Falls Twp., 56 / 597. Township officers, com- pensation of. Boards, etc. Supervisor. Township clerk. Ratification. LAWS RELATING TO ELECTIONS. 115 , TOWNSHIP BUSINESS OTHER THAN ELECTIONS. (357) 2376. SEC. 97. In the transaction of any busi- Moderator of ness other than the election of officers in any township meet- meetfng P ing, the supervisor, if present, shall be the moderator of the meeting; and if he shall not be present, any other of the in- spectors of election, except the clerk, Who shall be designated by the inspectors present, shall be the moderator ; or the meet- ing, under the direction of the inspectors present, may elect viva voce, a moderator of the meeting. (358) 2377. SEC. 98. The moderator shall preside in, Powers and and regulate the proceedings of the meeting; he shall decide moderator, all questions of order, and make public declaration of all votes passed; and when any vote so declared by him shall immediately upon such declaration be questioned by seven or more of the voters, he shall make the vote certain by polling the voters, or dividing the meeting, unless the township shall, by a previous vote, or by their by-laws, have otherwise pro- vided. (359) 2378. SEC. 99. No person shall address the meet- idem, ing before permission obtained of the moderator, nor while any other person is speaking by his permission; and all per- sons at such meeting shall be silent at the request of. the moderator. (360) 2379. SEC. 100. If, at any township meeting any Disorderly person shall conduct himself in a disorderly manner, and, township 11 after notice from the moderator shall persist therein, the meetings. moderator may order him to withdraw from the meeting; and on his refusal, may order the constables, or any other persons to take him into custody until the meeting be ad- journed. (361) 2380. SEC. 101. Any person who shall refuse to Penalty for withdraw from such meeting, on being ordered by the modera- orde e r S of ding tor to do so, as provided in the preceding section, shall, for moderator. every such offense, forfeit a sum not exceeding twenty dol- lars. QUALIFICATIONS OF VOTERS AND OFFICERS. (362) 2381. SEC. 102. Each inhabitant of any town- who may ship, having the qualifications of an elector, as specified in the constitution of this state, and no other person, shall have a right to vote on all matters and questions before any town- ship meeting, and when any person claiming the right to vote shall be challenged by a voter, the moderator shall proceed in the same manner as on challenges at the election of township officers. Mudge v. Stebbins, 59/165; Menton v. Cook, 147/540. 116 STATE OF MICHIGAN. Qualified voter, who deemed. who shall be (363) 2382. SEC. 103. No person except a citizen of office! 6 * d the United States and an elector m aforesaid shall be eligible to any elective office contemplated in this chapter: Provided however, That any female person of or above the age of twenty-one years/ who has resided in this state six months and in the township twenty days next preceding any election, shall be eligible to the office of school inspector. The office of school inspector is now obsolete. (364) 4662. SEC. 17. In all school elections every citi- zen of the United States of the age of twenty-one years, male or female, who owns property which is assessed for school taxes in the district, or who is the parent or legal guardian of any child of school age included in the school census of said district, and who has resided in said district three months next preceding such election, shall be a qualified voter. On the question of voting school taxes, every citizen of the United States of the age of twenty-one years, male or female, who owns property which is assessed for school taxes in the district, and who has resided in the district, as above stated, shall be a qualified voter: Provided, That the pur- chaser of land upon a land contract, who actually pays the taxes upon such land and resides thereon, may vote upon all questions; and where a husband and wife own property jointly and same is assessed for school taxes in the school district, each may, if otherwise qualified, vote upon all ques- tions including the question of raising money. Am. 1909, Act 83. Voting school taxes. Proviso, land contracts. Husband and wife. An Act authorizing women to vote in certain cases. [Act 206 of 1909.] Propositions upon which women may vote. Board of registration, duty of. The People of the State of Michigan enact: (365) SECTION 1. At any election hereafter held in any village, township, city, county or school district at which any question involving the direct expenditure of public money or the issue of bonds shall be submitted to a vote of the elec- tors, every woman, who possesses the qualifications of male electors and has property assessed for taxes in any part of the district or territory to be affected by the result of such election, shall be entitled to vote thereon. (366) SEC. 2. It shall be the duty of every board of regis- tration, upon such days as boards of registration are re- quired to be in session, to register the names of all women who will be entitled to vote upon any question involving the direct expenditure of public money or the issue of bonds at any subsequent election. No woman shall be registered un- LAWS RELATING TO ELECTIONS. 117 less sihe makes personal application to the board of registra- tion. It shall be unlawful for said boards of registration to register any woman under authority of this act, unless she possesses the qualifications prescribed for an elector in sec- tion one of article three of the constitution and has property assessed for taxes : Provided, That any woman who possesses proviso, the qualifications of male electors and owns property jointly joint deed ' with her husband or other person, or who owns property on contract, and pays the taxes thereon, shall be entitled to register and shall have the right to vote on all such propo- sitions as are referred to in this act : Provided further, That Further in all school elections at which the question of the direct ex- P roviso - penditure of public money or the issue of bonds is to be voted upon, women shall be permitted to vote without regis- tration in the manner now provided in the general school law. (367) SEC. 3. It shall be the duty of the various village, separate township and city clerks to procure and furnish to the vari- JfJJk^tb ous boards of registration a separate register in which shall furnish, etc. be written the names of all women entitled to registration un- der authority of this act. The various boards of registration Registration shall give notice of the time and place where they will be n( in session and shall conduct the registration in the manner authorized by sections three thousand five hundred thirty- six to three thousand five hundred sixty-four, inclusive, of the compiled laws of eighteen hundred ninety-seven. (368) SEC. 4. The propositions herein referred to shall Ballots, be printed upon ballots which shall not contain any other question to be voted upon at such election. All elections at which women vote shall be conducted and all ballots shall be cast, counted and canvassed in the manner provided for by existing law, except where the contrary is herein expressed. FIRST ELECTIONS IN TOWNSHIPS. [Extract from Act 156 of 1851.] (369) 2489. SEC. 16. Whenever the board of super- proceedings visors shall erect a new township in any county, they shall tn of g new a " designate the name thereof, the time and place of holding the ^JS^F by first annual township meeting therein, and three electors of supervisors. such township, whose duty it shall be to preside at such meet- ing, appoint a clerk, open and keep the polls, and exercise the same powers as the inspectors of election at any township meeting. And in case any of the three electors above men- tioned shall refuse or neglect to serve, the electors of said township present at such meeting shall have power to substi- tute some other elector of such township for each one so 118 STATE OP MICHIGAN. Notice of neglecting or refusing to serve. Notice of the time and place s^plmeeting. of suck meeting, signed by the chairman or clerk of the board of supervisors, shall be posted in four of the most public places in such new township, by the persons so designated to preside at such meeting, or by some person appointed by such board of supervisors for that purpose, and in each of the townships whose boundaries may have been altered by the erection of such new township, at least fourteen days before m lac lrst town homing the same. They shall also fix the place for holding ship meeting." the first township meetings in the town or towns from which such new township shall be taken, which shall also be stated in the notice posted in such last named township; but nothing in this act shall affect the rights, or abridge or en- large the term of office of any town officer except justice of the peace, in any such township; but such township officer other than justice of the peace, residing within the limits of such new township, shall continue to be such officer in such new township, till the expiration of the time for which he was elected, in the same manner as if originally elected therein; and the terms of office of all township officers ex- cept justices of the peace elected at such first township meet- ing, shall expire on the first Monday of April thereafter, or as soon thereafter as their successors are elected and qualified. Att'y Gen. v. Marr, 55/445. CHAPTER VIII. OFFENSES AGAINST ELECTION LAWS. PENALTIES. [R. S. 1846, Chap. 19.] Punishment of (370) 11437. SECTION 1. If any officer on whom any w^fui rs negiect duty is enjoined by law relative to general, special, township or charter elections, or the canvassing or return of votes given at any election, shall be guilty of any wilful neglect of such duty, or of any corrupt conduct in the execution of the same, he shall, on conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by fine not exceeding one thousand dollars, or imprisonment in the state prison not ex- ceeding three years'. Wattles v. People, 13 / 449 : People v. Swift, 59 / 543. Information held good under this section, 105 / 169. Punishment (371) 11438. SEC. 2. If any person shall by bribery, menace, or any other corrupt means or device whatever, either directly or indirectly, attempt to influence any elector in giv- ing his vote, or deter him from, or interrupt him in giving LAWS RELATING TO ELECTIONS. 119 the same, at any election held pursuant to the provisions of law, such person shall on conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding one year, or both, in the discretion of the court. (372) 11430. SEC. 3. Every person not a qualified Punishment voter, who shall, at any election, wilfully give in a vote for voting sa any officer then to be chosen; and every qualified voter who, at such election, shall vote or offer to vote in any township or ward in which he does not reside, or who shall vote or offer to vote more than once at the same election, either in the same or any other township, or ward, or shall give in two or more votes folded together, shall, on conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding one year, or both, in the dis- cretion of the court. (373) 11440. SEC. 4. Every person who shall procure, Penalty for aid or counsel any person not duly qualified to vote at the place where the vote is given or offered, to give or offer his vote at any such election, and every person who shall pro- vote cure, aid, or counsel any person to go or come into any town- ship or ward for the purpose of voting therein, at any elec- liori, knowing that such person is not duly qualified to vote in such township or ward, shall be deemed guilty of a mist- demeanor, and on conviction thereof, shall be punished in the manner prescribed in the third section of this chapter. McDade v. People, 29 / 55. (374) 11441. SEC. 5. Any person not duly authorized Punishment by law, who shall, during the progress of any election in this oTblffofbT state, or after the closing of the polls, and before the ballots etc - are counted, and the result ascertained, break open, or violate the seals or locks of any ballot box in which ballots have been deposited at such election, or who shall obtain undue possession of such ballot box containing such ballots, and con- ceal, withhold, or destroy the same, or who shall fraudulently or forcibly add to or diminish the number of ballots legally deposited, and all persons aiding or abetting therein, shall be adjudged guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the state prison for a term not exceeding ten years, or by a fine not exceeding one thousand dollars. Drennan v. People, 10 / 173. (375) 11442. SEC. 6. It shall be the duty of every in- Duty of spector of elections, sheriff, constable, and justice of the sheriff> etc ' peace, knowing, or having reason to believe that an offense punishable under the provisions of this chapter, has been com- mitted, to cause the offender forthwith to be arrested, and to 120 STATE OF MICHIGAN. give information thereof to the prosecuting attorney without delay, and such prosecuting attorney shall adopt effectual measures for the punishment of all persons who shall violate the provisions of this chapter. courts to (376) 11443. SEC. 7. It shall be the duty of all courts jury? 6 in this state, having cognizance of such offenses, at each term thereof to charge the grand jury to make presentment of all offenses committed within their respective counties, against any of the provisions of this chapter. Penalty for betting on election. BETTING UPON ELECTIONS. An Act to preserve the purity of elections. [Act 172 of 1861.] The People of the State of Michigan enact: (377) 11444. SECTION 1. That any person who shall, either directly or indirectly, bet, wager, or hazard any money, or other property, upon the result of the election of any offi- cer of this state, or of the United States, shall, on conviction thereof, be liable to a fine at least equal in amount to the amount of money or the value of the property so bet, wagered or hazarded: Provided, That in no case shall such fine be less than five, nor more than five hundred dollars. Buckley v. Saxe, 10/328. Selling pools on election, etc., pro- hibited. Penalty for wagering money. BETTING UPON NOMINATIONS. An Act to prevent betting upon the result of any political nomina- tion, appointment, or election. [Act 175 of 1877.] The People of the State of Michigan enact: (378) 11445. SECTION 1. That any person who shall keep any room or building for the purpose, in part or in whole, of recording or registering bets or wagers, or of sell- ing pools upon the result of any political nomination, ap- pointment, or election, and any person who shall record or register bets or wagers or sell pools on such result, or any person who shall wager any property, money, or thing exceed- ing one hundred dollars in value on such result, or shall keep or employ any device or apparatus for the purpose of regis- LAWS RELATING TO ELECTIONS. 121 tering or recording bets or wagers, or the selling of such pools, shall be deemed guilty of a misdemeanor, and shall on [upon] conviction thereof be punished by imprisonment in the county jail not more than one year, or by fine not exceed- ing one thousand dollars, or by both such fine and imprison- ment. (379) 11446. SEC. 2. Any person who shall wager any penalty for property, money or thing not exceeding one hundred dollars in value, or shall become the custodian or depository of any money, property, or thing of value, staked, wagered, or pledged, upon the result of any political nomination, appoint- ment, or election, shall be deemed guilty of a misdemeanor, and shall upon conviction thereof be punished by imprison- ment in the county jail not more than three months, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment. BRIBERY. An Act to maintain political purity. [Act 190 of 1877.] The People of the State of Michigan enact: (380) 11447. SECTION 1. That the following persons persons shall be guilty of bribery, and shall be punished accordingly : of br\bery Ullty First, Every person who shall, directly or indirectly, by himself or by any other person on his behalf, give, lend, or agree to give or lend, or shall offer or promise any money or valuable consideration or promise or endeavor to procure any money or valuable consideration to or for any voter, or to or for any person on behalf of any voter, or to or for any person in order to induce any voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid, on account of such voter having voted or refrained from voting for any person, candidate or ticket at any public election in this state; Second, Every person wjho shall, directly or indirectly, by The offer or himself or by any other person on his behalf give or pro- offl<5! S etc. f cure, or agree to give or procure, or offer or promise any of- fice, place, or employment, or promise to procure or to en- deavor to procure any office, place, or employment to or for any voter, or to or for any other person in order to induce such voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid, on account of any voter having voted or refrained from voting for any person, candidate or ticket, at any such election; Third, Every person who shall, directly or indirectly, by The empiov- himself or by any other person on his behalf, make any gift, loan, offer, promise, procurement, or agreement, as aforesaid, voters - 122 STATE OP MICHIGAN. Who shall ad- vance money for bribery of a voter. Penalty for violating pre- ceding sec- tions. Legitimate election ex- penses. to or for any person, in order to induce such person to pro- cure or endeavor to procure the election of any penson to any public office in this state, or the vote of any voter at any such election; Who shall re- Fourth, Every person who shall upon, or in consequence of aft, etc, an ^ such g. f ^ i osm ^ offer, promise, procurement, or agree- ment, procure or engage, promise or endeavor to procure the election of any person or persons to any public office or offices in this state, or the vote of any voter at any such election ; Fifth, Every person who shall advance, or pay, or cause to be paid any money to, or to the use of, any other person, with the intent that such money or any part thereof shall be expended in bribery at any such election, or who shall know- ingly pay or cause to be paid any money to any person in discharge or repayment of any money, wJholly or in part, ex- pended in bribery at any such election. (381) 11448. SEC. 2. Any person offending, according to the provisions of the preceding section, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of two hundred dollar; but the bona fide payment by any candidate for office or other person for the fair and reasonable cost of printing tickets 1 and slips or past- ers, and of advertising in the newspapers or by posters any political meeting, and the reasonable and bona fide expenses of holding such meetings and procuring speaker, and getting out the people to the same, of obtaining and distributing papers and tickets and of bringing voters out to the polls; shall be held to be expenses lawfully incurred, and the pay- ment thereof shall not be a contravention of this act. (382) 11449. SEC. 3. The following persons shall also be deemed guilty of bribery and on conviction thereof shall be punished as prescribed in the preceding section : First, Every voter who shall, before or during any election, directly or indirectly, by himself or by any other person on his behalf, ask, solicit, receive, agree or contract for any money, gift, loan or valuable consideration, office, place, or employment for himself or any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting for any person, candidate, or ticket at any public elec- tion in this state; Second, Every person who shall after any election, directly or indirectly, by himself or by any other person on his behalf, receive any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or to refrain from voting for any person, candidate, or ticket at any such election. (383) 11450. SEC. 4. No candidate for any public of- fice shall corruptly, by himself, or by or with any person, or by any other way or means on his behalf, at any time, either before or during an election, directly or indirectly give or provide, or cause to be given or provided, or shall be acces- sory to the giving or providing, or shall pay wholly or in Others deemed guilty of bribery. Person who offers to vote or refrain from voting for money, etc. Person who after election receives money, etc. When candi- dates shall not provide refreshments. LAWS RELATING TO ELECTIONS. 123 part any expenses incurred for any meat, drink, refreshment, or provision to or for any person, in order to be elected or for being elected, or for the purpose of corruptly influencing such person or any other person to give or refrain from giving his vote at such election ; and every person so offending shall be deemed guilty of corrupt practice, and on conviction there- Penalty. of shall be fined not less than twenty-five or more than two hundred dollars. (384) 11451. SEC. 5. The giving or causing to be given When others to any voter on any election day, on account of such voter tide refresh- being about to vote, or having voted, any meat, drink, or re- ^rp&J of freshment, or any money or ticket to enable such voter to corrupting procure refreshment, shall be deemed a corrupt practice, and persons convicted thereof shall be punished ais provided in the preceding section. (385) 11452. SEC. 6. Any person who shall directly or intimidation indirectly discharge or threaten to discharge any person who oj may be in his employ for the purpose of influencing his vote at any election in this state, and any priest, pastor, curate or other officer of any religious association or society, who shall impose or threaten to impose any penalty of excom- munication, dismissal or expulsion, or who shall command or advise, under pain of religious disapproval, for the pur- pose of influencing any voter at an election in this state, shall be deemed guilty of corrupt practice, and on conviction there- of shall be punished as provided for in section four of this Penalty. act. (386) 11453. SEC. 7. If any candidate for any public Election of office at any election in this state shall commit bribery, or * any corrupt practice, as defined in this act, the election of briber y void - such candidate, if he has been elected, shall be void, and if he shall enter into the office for which he was elected, an infor- mation in the nature of a quo warranto to oust him from such office, may be filed in the supreme court, or the proper circuit court, under chapter two hundred and twenty-five of the compiled laws of eighteen hundred and seventy-one: Pro- proviso. vided, Such bribery or corrupt practice shall be proved by at least two witnesses. Chap. 225 referred to is Chap. 275, C. L. 1897. (387) 11454. SEC. 8. Any person who shall, directly Attempt to or indirectly, by himself, or by any other person on his behalf, offer or promise any office, place or employment under the government of the United States, or promise to procure, or to endeavor to procure any such office, place or employment, to or for any member of the legislature, or to or for any other person, in order to induce such member of the legislature to vote or refrain from voting for any person for the office of United States senator from this state, or shall corruptly do any such act as aforesaid, on account of any member of the legislature having voted or refrained from voting as afore- said, shall be deemed guilty of a felony, and on conviction penalty. 124 STATE OF MICHIGAN. Spirituous liquor, sale of on election day prohib- ited. thereof shall 'be punished by imprisonment in the state prison for a period not exceeding five years, or by a fine not exceed- ing one thousand dollars. (388) 11455. SEC. 9. It shall be unlawful for any per- son to sell, barter, or give away any spirituous, vinous or malt liquors, on the day of any election held Within this state, under the constitution or laws thereof; and it shall be the duty of all mayors of cities, presidents of villages, and super- visors of townships, within five days previous to the days of election as aforesaid, to issue a proclamation, warning the in- habitants of the provisions of this act, and that all violations of the same will subject the offender to prompt and speedy punishment, and requiring sheriffs, marshals, constables, and police officers to close, and it shall be the duty of such officers to close all houses or places found violating the provisions of this act, and to report forthwith all violations of this act, to the prosecuting attorney and mayor, president or super- visors aforesaid, and whose duty it shall be to immediately prosecute such violations of this act. Any person who shall violate any of the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, and costs of prosecution, and on failure to pay such fine and costs, shall be imprisoned in the county jail not less than ten days, nor more than ninety days, or both such fine and imprisonment, in the discretion of the court. (389) 11456. SEC. 10. It shall be deemed a violation of this act and of the preceding section to isell, barter, or give away spirituous, vinous or malt liquors on any election day after the hour at which, by law, the polls are closed. Penalty for sale of. Unlawful to sell liquor after polls close. PROTECTION OF PRIMARIES AND CONVENTIONS. An Act to protect primary elections and conventions of political parties and to punish offenses committed thereat. Certain actions a mis- demeanor. [Act 303 of 1887.] The People of the State of MicJdgan enact: (390) 11457. SECTION 1. If at any political primary election held by any political party, organization or associa- tion in this state, any person shall falsely personate and vote under the name of any other person, or shall intentionally vote without the right to do so at such primary, or shall fraudulently and wrongfully conceal or destroy ballots cast, or in any manner intentionally and wrongfully deposit bal- lots in the ballot box, or take them therefrom, or shall com- mit any other fraud or wlrong, tending to defeat or affect the LAWS RELATING TO ELECTIONS. 125 result of the election, he shall be deemed guilty of a misde- meanor. (391) 11458. SBC. 2. The presiding officer and inspect- oathofin- ors at any such election shall, before entering upon their whotoad- *' duties, severally sign and swear to an oath in the form now mimster - required of inspectors at general elections, said oath to be taken before the clerk of the township, village or city in which such election is held, or an alderman of the ward in which said election is held, or any notary public, or any other person qualified under the state to administer an oath. The Challenge of vote or ballot of any person offered at such election shall, v< upon challenge by any lawful voter thereat, be rejected, un- less he be sworn as to his qualifications as 1 such voter; and whotoad- the presiding officer or any inspector of such primary is here- r by empowered, and it shall be his duty, to administer an oath to such person and to any other persons offering to vote, as he may deem advisable, to the effect that he will true answers make to such questions as shall be put to him touch- ing his qualifications as a voter and his right to vote. He may then be examined as to such qualifications and right to vote. If he shall swear to the necessary qualifications of a when vote to voter, as prescribed by the regulations of the association or be received - political organization holding the primary or convention, his vote shall be received. If the person so isworn and examined Penalty for shall intentionally swear falsely as to his qualifications as afng? 8 voter he shall be deemed guilty of perjury, and shall on con- viction, be punished as now prescribed by law for the crime of perjury. Am. 1899, Act 198. (392) 11459. SEC. 3. If any person acting as inspector, Certain acts teller or canvasser at any isuch primary election shall know- efc^TmL -^' ingly receive the vote of any individual" who shall have been demeanor, challenged, or who is known to him not to be entitled by the regulations of the association holding the primary elec- tion to vote at such primary, unless the same shall be first sworn in as aforesaid, or shall in any manner fraudulently and Wrongfully deposit or put any ballots into, or take any from the ballot box of said primary election, or shall fraudu- lently and wrongfully mix any ballots with those cast at said primary election, or shall knowingly make any false count, canvass, statement, certificate or return of the ballots cast or vote taken at any such primary election he shall be deemed guilty of a misdemeanor. After several ineffectual attempts to elect a temporary chairman of a nom- inating convention, a like number of votes being cast for each of the opposing candidates, the vote of one of the delegates was challenged on the ground that the vote in the caucus at which he claimed to have been elected was a tie. and that thereupon the matter was determined between the contesting candidates as follows : A bystander drew from his pocket a handful of coins, and the candidates made their choice of odd or even, and a counting of the coins resulted in favor of the sitting delegate. The chair thereupon appointed a committee on credentials, who reported that the sitting dele- gate was not entitled to his seat in the convention. And it is held that the appointment of such committee was proper and that their determination is fully sustained by authority. Beck v. Election Commissioners, 103 / 192. 126 STATE OF MICHIGAN. Certain acts of delegate a misdemeanor. "Primary election," how construed. Who may vote. Punishment for offenses. Primary elec- tion not to be held in saloon, etc. Caucuses, time. Notice of. Proviso. (393) 11460. SEC. 4. If any person elected a delegate at any such primary or convention shall accept or receive any money or valuable thing as a consideration for hits vote as such delegate he shall be [deemed] guilty of a misdemeanor. (394) 11461. SEC. 5. The words "primary election," as used in this act, shall be construed so as to embrace all elec- tions held by any political party, convention, organization or association, or delegates therefrom, for the purpose of choos- ing candidates for office or the election of delegates to other conventions, or for the purpose of electing officers of any political party, organization, convention or association. (395) 11462. SEC. 6. No person shall be entitled to vote at any primary election unless of the age of twenty-one years and a duly qualified elector of the state. (396) 11463. SEC. 7. The punishment of any of the of- fenses in this act declared to be misdemeanors shall be a fine not exceeding one thousand dollar, or imprisonment not ex- ceeding one year, or both such fine and imprisonment, in the discretion of the court. (397) 11464. SEC. 8. No primary election shall be held in a saloon, barroom, or in any place adjacent to a room] or place where intoxicating liquors are sold. Polling places at primary elections may be so arranged that the ballots may be received through an open window, but where the polling or ballot box is inside the room shall be sufficiently large to admit a reasonable number of persons in addition to the in- spectors, clerks and challengers. (398) 11465. SEC. 9. Primary elections known as cau- cuses for the nomination of candidates for local offices and for the appointment of delegates to conventions, shall be made to begin at two o'clock in the afternoon and to continue until eight o'clock in the evening, and at least five days' no- tice thereof shall be given by publication in one or more daily newspapers in places where such papers are published, and in other cases by posting up notices in at least three pub- lic places in the precinct for which the primary election is to be held. The manner of voting at such elections shall be by ballot: Provided, That so much of this section as relates to the hours during which primary elections shall be held, and the manner of voting thereat, shall be applicable only in cities having twenty-five thousand inhabitants and over, as by the last preceding federal or state census. LAWS RELATING TO ELECTIONS. 127 PURITY OF CONVENTIONS. An Act to provide for the purity of political conventions and to pro- , vide against corruption therein. [Act 203 of 1895.] The People of the State of Michigan enact: (399) 11466. SECTION 1. That no delegate elected to any city, county, congressional or state political convention conention shall give a proxy to any person to represent him at such con- vention, and no person shall receive a proxy from any regu- larly elected delegate to any such political convention. All vacancies in J . & . ; i ,. , >' delegation, vacancies occurring in any delegation to any such convention how filled. shall be filled by a majority vote of such delegation; if in a city or county convention, of the delegation from the ward or township; if in a congressional or state convention, by a majority vote of the delegation from the county: Provided, Proviso as to ,1 , -. -, * i ii 1. filling dele- That in a city or county convention the delegation shall not gations. be permitted to fill the vacancy which may occur in its num- ber by any person not a resident of the ward or township from which such absent delegate was chosen and represented by such delegation, and that in a congressional or state con- vention such delegation shall not be filled by any person not a resident of the county from which such absent delegate was chosen, and any person who shall violate any provisions of this section shall be deemed guilty of a misdemeanor. (400) 11467. SEC. 2. Any delegate or member of any s ^/^^ such convention who shall solicit any candidate for nomina- ward! S etc S , r by tion before such convention, for money, reward, position, invention a place or preferment for his support in such convention, or misdemeanor. any candidate or other person who shall promise any such delegate money, reward, position, place or preferment for his support, or vote, in such convention, in favor of any candi- date, shall be deemed guilty of a misdemeanor. (401) 11468. SEC. 3. Any candidate or person who shall pay either money or other valuable consideration, or offer to pay money or valuable consideration, or the expenses of any delegate or member to or at any such convention that may be incurred, as an inducement or for the purpose of se- curing the vote of any such delegate in favor of or against any candidate that may come before such a convention, shall be deemed guilty of a misdemeanor. (402) 11469. SEC. 4. Any person found guilty of any offense defined in this act as a misdemeanor shall, upon con- act. viction thereof, be sentenced to pay a fine of not less than twenty-five dollars nor more than five hundred dollars, or to be confined in the county jail not less than ten days nor more than six months, or both such fine and imprisonment in the dis- cretion of the court having jurisdiction thereof. 128 STATE OF MICHIGAN. Exciting dis- turbances, unlawful. Penalty. DISTURBANCES. [Extract from R. S. 1846, Chap. 158.] (403) 11709. . SEC. 20. If any person shall make or ex- cite any disturbance or contention in any tavern, store or grocery, manufacturing establishment, or any other business place or in any street, lane, alley, highway, public building, grounds or park, or at any election or other public meeting where citizens are peaceably and lawfully assembled, he shall be deemed guilty of a misdemeanor, and upon conviction before any justice of the peace or police justice, be punished by a fine not exceeding twenty-five dollars and costs of prosecu- tion, or by imprisonment in the county jail not more than ninety days, or by both such fine and imprisonment in the discretion of the court or magistrate. Am. 1909, Act 211. Ware v. Judge, 75/495. CLOSING OF SALOONS. Saloons, clos- ing of, etc. Time, "Closed, defined. Proviso. [Extract from Act 313 of 1887.] (404) 5395. SEC. 17. All saloons, restaurants, bars in taverns or elsewhere, and all other places, except drug stores, where any of the liquors mentioned in this act are sold or kept for sale, either at wholesale or retail, shall be closed on the first day of the Week, commonly called Sunday, on all general or any regular city, township or village election days, on Decora- tion day, Thanksgiving day, Labor day, Christmas day, New Year's day, Fourth of July, and on general or local primary election days until after the close of the polls, and until seven o'clock of the following morning, and on each week day night from and after the hour of nine o'clock, until seven o'clock of the morning of the succeeding day. It shall be the duty of sheriffs, marshals, constables and police officers to close all saloons, houses or places that shall be found open in violation of the provisions of this section, and to report forth- with all such violations to the prosecuting attorney, whose duty it shall be to immediately prosecute for such violations. The word "closed" in this section shall be construed to apply to the back door or other entrance, as well as to the front door; and in prosecutions under this section it shall not be necessary to prove that any liquor was sold : Provided, That in all cities, incorporated villages and townships of not less than one thousand population, exclusive of villages where there is police protection, the common council, or board of trustees, or council, or township board, may by ordinance LAWS RELATING TO ELECTIONS. 129 allow the saloons and other places where said liquor shall be sold to open at six o'clock in the forenoon and to remain open not later than eleven o'clock in the afternoon and no longer of any week day night, except on general or any regu- lar city, township or village election days, Decoration day, Thanksgiving day, Labor day, Christmas day, New Year's day, Fourth of July, and on general or local primary election days until after the close of the polls : Provided, That in Proviso, may cities of forty thousand population and over, the council may exten( by ordinance extend the closing hour to twelve o'clock mid- night. Any person found in the act of violating any of the violations, provisions of this section shall be deemed guilty of a breach of the peace and punished accordingly; and the arrest there- for may be without process. All officers authorized to make arrests for a breach of the peace shall have like power to make arrests under the provisions of this section as in other cases of a breach of the peace. Am. 1909, Act 291 ; 1911, Act 170. SHALL BE CLOSED: The meaning of the term "closed" is, that the sales at least shall be entirely stopped and the traffic shut off effectually, so that drinking and the conveniences for drinking shall be no longer ac- cessible, and those who frequent saloons for that purpose shall be dispersed. Kurtz v. People, 33 / 281. The person who engages in the business of carrying on a saloon must at his peril see that no necessity exists for keep- ing the same open, by carrying on any other business therein, which would require the doors to be open, or for persons to enter therein. People v. Waldvogel, 49/338: People v. Blake, 52/568; People v. Roby, 52/577; People v. Minter, 59 / 558. A saloon cannot be opened on such a day even for the purpose of cleaning it. People v. Waldvogel, 49 / 337 ; People v. Roby, 52 / 577 ; People v. Higgins, 56 / 163. And if any outsider has access for any purpose, for no matter how short a time, the law is violated. People v. Higgins, 56 / 159. A saloon Is not closed, so long as it is pos- sible for persons desiring liquor to get in peaceably, by any entrance, or so long as any customer who is inside at the time for closing remains in- side ; and it is not important that there is no one attending the bar, if the liquor is accessible. People v. Cummerford, 58 / 328. In a city which has adopted the primary election system and nominates cand'dates for local offices on a fixed day, it is a violation of this section to keep saloons open on such day. People v. Doyle, 160 / 423. SALOON : Three rooms opened into one another and the rear one had an outer door. A bar in the front room and the back ones were used for card playing and drinking. Between the front and back rooms was a hole in the wall. Held, that the saloon Included the three rooms. People v. Higgins, 56 / 159. See, also, People v. Scranton, 61 / 244. If a saloon- keeper connects his living rooms with his saloon proper and permits the free passage of customers back and forth, sometimes serving liquors in his living rooms, the whole will be considered a saloon. People v. Cox, 70 / 247 : People v. Talbot, 120 / 486. SALE NOT NECESSARY: The purpose of the statute is to prevent the sale of liquors on hoi 'days in any place of resort for refreshments. People v. Hobson, 48 / 27. The object Is not merely to punish the sale, but t o remove the danger that advantage might be taken of the saloon's being onen to sell clandestinely what, on other days, is sold openly. People v. Beller, 73 / 641. Therefore an actual sale of liquor is not necessary to constitute an opening under the law. People v. Cummerford. 58 / 328 : People v. Rob- bins, 70 / 130 ; People v. Cox. 70 / 247 ; People v. Hughes, 86 / 184. BREACH OF THE PEACE : The provision allowing officers to close, on their own determination, places of sale and to arrest parties without pro- CPSS as for a breach of the peace, is unconstitutional. Robison v. Miner, 68/549; People v. Rohrer, 111/31. 17 130 STATE OF MICHIGAN. CHAPTER IX. COUNTY OFFICERS. County treas- urer elected for two years; to give bond. Office, how supplied in case of vacan- cy, etc. ELECTION AND QUALIFICATION. COUNTY TREASURER. (405) 2534. SEC. 35. The county treasurer shall be elected at the general election for the term of two years, and shall be incapable of holding the office of county treasurer longer than four in any period of six years. He shall give a bond for the faithful and proper discharge of the duties of his office as hereinafter directed. Rice v. Shay, 43 / 380. (406) 2537. SEC. 38. In case the office of county treas- urer shall become vacant, or in case the treasurer, from any cause, shall be incapable of discharging the duties of his office, the board of supervisors may, if in their opinion the interests of the county require it, by writing under their hands, select a suitable person to perform the duties of the treasurer; and such person so selected, upon giving such bond for the faithful performance of the duties of the office as the said board shall direct, may perform such duties until such vacancy shall be filled, or such disability be removed. Hunt v. Buhrer, 133/115. Who not to be treasurer. (407) 2538. SEC. 39. No person holding the office of prosecuting attorney, judge of a county court, county clerk, supervisor, or sheriff, shall hold the office of county treas- urer. Probate judge, election of, terra, etc. Additional judge. Powers, duties, com- pensation, etc. JUDGE OF PROBATE. (408) 2549. SEC. 51. The judge of probate for each or- ganized county shall be elected at the general election for the term of four years and shall have possession of the seal, rec- ords, books, files and papers belonging to the court of pro- bate, and shall keep a record of all orders, decrees and other official acts made or done by him, which records may be in- spected by all persons interested without charge. In counties having two hundred fifty thousand inhabitants there shall be two judges of probate who shall be elected at alternate bien- nial elections. They shall have equal powers, duties and compensation, except that the power of appointment, nomina- tion and removal of the several employes provided by law for such court and the offices connected therewith, and the gen- eral direction and control of the business of such court, in- cluding the division of the work between the two. judges, shall be vested in the judge having served for the longest LAWS RELATING TO ELECTIONS. 131 period continuously. Whenever the United States census vacancies, shall show that any county has two hundred fifty thousand determined inhabitants, the additional office herein provided for shall and filled - be deemed to be created and vacant, which vacancy shall be filled by appointment of the governor, and the person so appointed shall hold office until a successor is elected and qualified. At the next general election a successor to such successor, officer shall be elected who shall hold office until his sue- ?ejro e of Cted> cessor shall be elected at the next alternate biennial election office- provided for in section fourteen of article seven of the con- stitution, and shall have qualified. Am. 1909, Act 43. Election to fill vacancy in office of. Secord v. Foutch, 44/89; People v. Palmer, 91 / 283. Probate judges are in no sense county officers. Douvielle v. Manistee Super- visors, 40/585. COUNTY CLERKS. (409) 2570. SEC. 61. The county clerk in each organ- Election, term ized county shall be elected at the general election, for the {J^ncf 06 ' and term of two years, and shall give a bond to the people of the state, in the penal sum of two thousand dollars, to be ap- proved by the circuit judge, for the faithful discharge of the duties of his office. (410) 2575. SEC. 66. The clerk of each county shall aerk to trans- transmit to the secretary of state annually, within one week {fees 11 to Here- after the fourth day of July, a list, certified by him, of all tar y of state - justices of the peace of the county, stating the time of their respective elections and their terms of service, their postoffice addresses, and whether elected to fill a vacancy, and if so, what vacancy; and whenever the county clerk shall receive AJ of town- information of the death, removal, or resignation of any jus- cie?ks I an d?1 y tice of the peace of his county, it shall be his duty, forthwith, su P ervisors - to notify the secretary of state of such vacancy ; he shall also annually, immediately after receiving from the township and city clerks of his county the names and postoffice addresses of the township and city officers, transmit to the secretary of state the names and postoffice addresses of the several town- ship and city clerks and supervisors, with the name of the township or city for which they are such clerks and super- visors set opposite their respective names. SHERIFFS. (411) 2577. SEC. 68. The sheriff of each organized when sheriff county shall be elected at the general election, for the term of two years, and shall give bond to the people of this state in the penal sum of ten thousand dollars, and with such suffi- cient sureties, not less than three in number, as the judge of the circuit court, or the county judge shall approve. People v. Mayworm, 5/146; Lamoreaux v. Att'y Gen., 89/147. 132 STATE OF MICHIGAN. Two coroners to be elected in each county. CORONERS. (412) 2607. SEC. 86. Two coroners shall be elected for each of the organized counties of this state, at the general election, for the term of two years, who shall give bond to the people of this state, in such penal sum, and with such sufficient sureties, as the judge of the circuit court, or the county judge, shall direct and approve, the condition of which bond shall be in substance the same as that to be given by the sheriff; varying only in the description of the office. People v. Cicott, 16/283. REGISTER OF DEEDS. Election of. (413) 2610. SEC. 89. The register of deeds for each organized county shall be elected at the general election, for the term of two j^ears, and 'shall give bond to the people of this state in the penal sum of three thousand dollars, with two sureties to be approved by the county treasurer, the con- dition of which shall be, that he shall faithfully and impar- tially discharge the duties of his office. (414) 2614. SEC. 93. If, during a vacancy in the office of the register of deeds, or his absence or inability to perform re3ster. ties f the duties of his office, there shall be no deputy register, or if such deputy be unable from any cause to perform the said duties, the judge of probate of the county may, by writing under his hand, appoint some suitable person to perform the duties of register of deeds for the time being, who shall take an oath of office, and give such bond as the said judge shall direct and approve. When judge to appoint person to per- Election of. See section 440. COUNTY SURVEYOR. (415) 2617. SEC. 95. The county surveyors for each organized county shall be elected at the general election, for the term of two years, and shall give bond to the people of this state, in the penal sum of two thousand dollars, with two sureties to be approved by the county treasurer, condi- tioned for the faithful and impartial discharge of the duties of his office. Certain officers to take oath, etc. FILING OATHS AND BONDS BY COUNTY OFFICERS. (416) 2641. SEC. 118. Each of the officers named in this chapter, except notaries public and prosecuting attor- neys, shall, before entering upon the duties of his office, and within twenty days after receiving official notice of his elec- tion, or within twenty days after the commencement of the term for which he was elected, take and subscribe the oath of office prescribed by the constitution of this state, before some officer authorized by law to administer oaths, and deposit the same with the clerk of the proper county, who shall file and preserve the same in his office. FORM OF OATH : See section 73- LAWS RELATING TO ELECTIONS. 133 (417) 2642. SEC. 119. Each of the said officers of Filing of whom a bond shall be required by law, except the said treas- c urer, before entering upon the duties of his office, and within the time limited in the last preceding section for depositing his oath, shall deposit his bond with the said treasurer, who shall file and preserve the same in his office; and the said treasurer, before entering upon the duties of his office, and within the time limited in the preceding sections for deposit- ing his oath, shall deposit his bond with the clerk of the county, who shall file and preserve the same in his office. Detroit v. Weber, 26 / 284 ; People v. Johr, 22 / 461. An officer who is himself a surety on the bond cannot approve it. Stevenson v. Bay City, 26/44; Gallery v. Bank, 41/172. (418) 2645. SEC. 122. Whenever the governor shall ap- commission of point a prosecuting attorney, the secretary of state shall attorney to be transmit his commission to the clerk of the county for which transmitted. such prosecuting attorney was appointed, and the county clerk, on receiving such commission, shall immediately give cierk to eive notice thereof to the person so appointed. (419) 2646. SEC. 123. The person so appointed shall, person before entering upon the duties of his office, and within f^e ^th to twenty days after receiving notice of his appointment, appear before clerk. before the county clerk, and take and subscribe the oath of office prescribed by the constitution, and file the same with the clerk, who shall thereupon deliver to the person so ap- pointed the commission received by him for such person, and shall thereupon give notice to the secretary of state of the filing of such oath, and of the time of filing the same. (420) 2647. SEC. 124. The regular terms of office of Term, when to the several county officers elected at the general election .shall c< commence on the first day of January succeeding their elec- tion, but those elected at the general election, or at a special election, to fill vacancies, may qualify and enter upon the execution of their offices immediately after being notified of their election. CIRCUIT COURT COMMISSIONERS. An Act relative to circuit court commissioners, their election, powers, and duties. [Extract from Act 204 of 1881.] The People of the State of Michigan enact: (421) 1064. SECTION 1. That there shall be elected at Election. the next general election to be held in this state, and every two years thereafter, one circuit court commissioner in each of the organized counties, who shall enter upon the discharge of their official duties on the first day of January succeeding their election, and shall hold their offices two years, and be 134 STATE OF MICHIGAN. County can- vassers to des- ignate which person to suc- ceed to office. Must be attorney. Oath of office. vested with judicial powers not exceeding those of a judge Proviso. of the circuit court at chambers : Provided, That in each county in this state wherein any census taken by the author- ity of this state, or of the United States, shall show a popula- tion of twenty thousand or more, there shall be elected at the general election next succeeding the taking of such census, and every two years thereafter, two such circuit court com- missioners. (422) 1065. SEC. 2. Whenever, in any county, two cir- cuit court commissioners shall have been elected, it shall be the duty of the board of county canvassers to designate which of the persons so elected shall succeed to the office thereto- fore held by each circuit court commissioner : Provided, That if in any case the said board of county canvassers shall neg- lect or refuse to make such designation it may be made by the circuit judge of the judicial circuit of which such county constitutes the whole or a part. (423) 1066. SEC. 3. No person shall be elected a cir- cuit court commissioner unless he be at the time an attorney and counselor at law of the supreme court. (424) 1067. SEC. 4. Every circuit court commissioner, before he shall enter upon the duties of his office, shall take and subscribe the oath of office prescribed by the constitution of this state, before some judge or clerk of a court of record, and cause the same to be filed by him in the office of the county clerk of his county. (425) 1080. SEC. 17. Each circuit court commissioner, before entering on the performance of the duties by this act prescribed, shall execute a bond to the people of this state, with sufficient surety or sureties to be approved by the cir- cuit judge or clerk of his county, conditioned for the faithful performance of the duties required of him by this act, in the penal sum of not less than three thousand nor more than five thousand dollars, in the discretion of the circuit judge or county clerk by whom the same may be approved; said bond, when approved, shall be filed with the county clerk of the proper county. (426) 1090. SEC. 27. Whenever a vacancy shall occur, for any cause, in the office of circuit court commissioner of any county, the governor may fill such vacancy by the ap- pointment of a person eligible to such office, who shall, upon taking the official oath and executing and filing the bond, as provided in section seventeen of this act, be authorized and required to discharge all the duties of circuit court commis- missioner, and shall be liable to all the provisions of law touch- ing said office, and shall hold the same until his successor shall be duly elected and qualified. Bond. Vacancy, how filled. LAWS RELATING TO ELECTIONS. 135 An Act to repeal all local or special acts providing a salary of one thousand dollars to circuit court commissioners. [Act 259 of 1911.1 The People of the State of Michigan enact: (427) SECTION 1. All local or special acts providing a Acts repealed. salary of one thousand dollars to the circuit court commis- sioners of any county in this state are hereby repealed, to take effect December thirty-one, nineteen hundred twelve. COUNTY COMMISSIONER OF SCHOOLS. [Extract from Act 147 of 1891.] (428) 4809. SEC. 2. There 'shall be elected at the elec- Election o tion held on the first Monday in April, nineteen hundred three, and every fourth year thereafter, in each county, one commissioner of schools, whose term of office shall commence on the first day of July, next following his or her election, and who shall continue in office four years, or until his or her successor shall be elected and qualified. The county commis- File oath and sioner of schools elected under the provisions of this section b< shall file with the county clerk for the county for which he or she is elected, his or her oath of office and bond, the same as provided in section one of this act, and the county clerk shall make the same report to the superintendent of public instruction in all respects as provided in section one of this act: Provided, That in the county of Chippewa the commiis- Proviso as to sioner of schools heretofore elected on the first Monday in Sunfy wa April, nineteen hundred three, shall hold office until the first day of January, nineteen hundred nine, or until his successor shall be elected and qualified. Hereafter in the said county of Chippewa, a commissioner of schools shall be elected at the general election to be held in November, nineteen hundred eight, and every fourth year thereafter, whose term of office shall commence on the first day of January next following his or her election : Provided, That in the county of Lake Proviso as to the commissioner of schools heretofore elected on the first ^^ count y- Monday in April, nineteen hundred seven, shall hold office until the first day of January, nineteen hundred eleven, or until his successor shall be elected and qualified. Hereafter in the said county of Lake, a commissioner of schools shall be elected at the general election to be held in nineteen hun- dred ten and every fourth year thereafter, whose term shall commence on the first day of January next following his or her election. Am. 1901, Act 35 ; 1905, Act 169 ; 1907, Act 115. 136 STATE OF MICHIGAN. Eligibility. Teacher. Graduate. Proviso, teachers' certificate. Further proviso. Further proviso. Vacancy, how filled. (429) 4810. SEC. 3. Persons eligible to hold the office of commissioner of schools must possess the following quali- fications : (a) Twelve months experience as a teacher in the public schools of this state; (b) Must be a graduate of the literary department of some reputable college, university, or state normal school having a course of at least three years: Provided, That the holder of a state teacher's certificate, or of an indorsed first grade certificate, or of a certificate granted in another state and indorsed by the state board of education of this state, shall be eligible in any county: Provided further, That per- sons who now hold the office of commissioner of schools shall be eligible to succeed themselves: Provided further, That in counties employing less than fifty teachers a person hold- ing at the time of his or her election a second grade certifi- cate shall be eligible in the county where such certificate was granted, unless a person qualified as heretofore provided can- not be secured to fill the position. Am. 1909, Act 222. QUALIFICATIONS OF COMMISSIONER: A high school Is not a college within the meaning of this section. A special first grade certificate not granted at one of the regular public examinations provided for by law, or one granted without any examination, or one granted upon public examina tion after election as commissioner, does not qualify. People v. Hewlett, 94 / 165. The legislative intent is to keep up the standard of teachers by re- quiring certain educational qualifications in the persons whose duty it is to examine the teachers and determine their fitness for their work. People v. Howlett, 94 / 169. It was held that persons elected to the ofllce of com- missioner, and holding the same after the amendment of 1895, are eligible since the statute is still the act of 1891, notwithstanding the amendments. Att'y General v. Lewis, 151/81. (430) 4819. SEC. 12. Whenever by death, resignation or removal from office, or otherwise, a vacancy shall occur in the office of county commissioner of schools, the county clerk shall issue a call to the board of supervisors of the county and said board shall meet at the office of the county clerk on a date to be named in said notice, not more than ten days from the date of such notice, and said board shall appoint a person who is qualified according to statute to fill the va- cancy for the unexpired portion of the term of office. Am. 1909, Act 222. Drain com- missioner, election of. DRAIN COMMISSIONERS. [Extract from Act 254 of 1897, Chap. II.] (431) 4310. SECTION 1. At the regular biennial election to be held on the Tuesday succeeding the first Monday in November, nineteen hundred twelve, and every second year thereafter, one county drain commissioner shall be elected in every organized county in this state by the qualified elect- LAWS RELATING TO ELECTIONS. 137 ors thereof. The term of office of such county drain commis- Term of office, sioner shall begin on the first day of January next succeeding his election and continue for a period of two years thereafter and until his successor shall be elected and qualified. In case of a vacancy occurring in the office of county drain commissioner for any cause, the same shall be filled as soon as practicable thereafter by the appointment by ma.iority vote of the county clerk, prosecuting attorney and judge of probate of the county, of which appointment they will file their certificate under their hands and seals in the office of said county clerk ; and it shall be the duty of the countv clerk to make report to the secretary of state of the appointment and qualification of said county drain commissioner. Such county drain commissioner whether elected or appointed to fill a vacancy, before entering upon the duties of his office, shall oath of office, take, subscribe and file with the county clerk the constitutional oath of office, and shall also within the same time execute and file with such county clerk a bond to the people of the state of Michigan in the penal sum of five thousand dollars with two or more sufficient sureties to be approved before filing by the county clerk, county treasurer and ]*udo;e of probate, con- ditioned upon the faithful discharge of the duties of his office: Provided, That the board of supervisors of any county may fix proviso, the bond to be required of the drain commissioner at a dif- ferent amount, when in its judgment the same may be desir- able. Am. 1899, Act 272; 1909, Act 118; 1911, Act 185. (432) 4311. SEC. 2. All county drain commissioners present holding such office on December thirty-first, nineteen hun- incumbents - dred nine, shall continue to be such commissioners until their respective successors are elected and qualified in accordance with the provisions of the foregoing section. Am. 1909, Act 118. Sec. 8 which stated certain officers as disqualified for the office of county drain commissioner was repealed by act 185 of 1911. MINE INSPECTORS. [Extract from Act 163 of 1911.] The People of the State of Michigan enact: (433) SECTION 1. There shall be elected at the general when elected, election in the year nineteen hundred twelve, and at every gen- eral election thereafter an inspector of mines for the term of two years in any county within this state where there are Term. iron or copper mines situated and working, some suitable per- son who is a citizen of this state, who can read and write Qualifications, the English language, and who has had at least ten years' 138 STATE OF MICHIGAN. Present officers to serve pending elections. Vacancies, how filled. Term of office. Duties. actual experience in mining, timbering and general under- ground work, or a person holding the degree of mining en- gineer, or an equivalent degree, and who shall have practiced his profession as such engineer for at least two years. (434) SEC. 2. Until the election and qualification of the first inspector of mines to be elected as provided by this act, the inspector of mines and the deputy inspectors heretofore appointed by any board of supervisors shall continue to serve until their terms of office have expired, and such board of su- pervisors where there are iron or copper mines situated and working is hereby authorized and directed to appoint their successors and to remove the same or any one thereof when- ever in its judgment the best interests of owners and em- ployes may so require, and to fill vacancies arising from any other cause than removal, but no such inspectors of mines or deputy inspectors appointed by or serving under any ap- pointment of any board of supervisors shall hold office beyond the first day of January succeeding the election of the first inspectors of mines to be elected as provided by this act. Such inspectors of mines and deputy inspectors heretofore appointed or to be appointed by any board of supervisors, shall per- form all of the duties of inspector of mines and deputy in- spectors of mines until the election and qualification of the first inspectors of mines to be elected as herein provided. (435) SEC. 3. The regular terms of office of the inspectors of mines to be so elected shall commence on the first day of January succeeding their election. (436) SEC. 4. In case of any vacancy in the office of the inspector of mines, the governor shall by writing under his hand appoint some suitable person who is possessed of the same qualifications as the officers provided for in section one, to perform for the time being the duties required by law to be performed by such inspector. (437) SEC. 5. The inspector of mines when so elected shall give bonds in the sum of five thousand dollars, with good and sufficient sureties to be approved by the circuit judge or judge of probate of the county in which such inspector shall be elected for the faithful performance of his duties, which said bond shall be payable to the people of this state and shall be filed with the clerk of the county where he is so elected. (438) SEC. 6. The inspector of mines when so elected may appoint one or more deputy inspectors, not exceeding three, as in his judgment may be necessary for the purpose of dis- charging the duties hereinafter prescribed, and may revoke such appointments at his pleasure. Any and all such deputy inspectors in any county shall be under the supervision of the inspector of mines, and their duties shall be prescribed bv him. Regular terms, when to commence. Vacancy, how filled. Bonds, amount of. Where filed. Deputy in- spectors. Duties. LAWS RELATING TO ELECTIONS. 139 APPROVAL OF BONDS. An Act to provide for the approval of the official bonds of county officers by the board of supervisors. [Act 27 of 1873.] The People of the State of Michigan enact: (439) 2648. SECTION 1. All official bonds of county officers which are now required by law to be approved by the to be ap- judge of the circuit court, shall hereafter be approved by the EoaJdof y board of supervisors of the county in which said officers are supervisors elected : Provided, however, That if the board of supervisors in any case shall not have approved of such bonds or the sufficiency of the sureties thereto, before any such officer shall enter upon the duties of his office, the circuit judge of the circuit to which such county may be attached, or the judge of probate of such county may, on application of the officer so elected, approve of the bond and sureties thereto, on being satisfied of the pecuniary responsibility of the sureties to meet the exigencies of said bond, subject, however, to the approval of the board of supervisors at their first meeting thereafter: Provided, That this act shall not be in force or operation in Wayne county. county ex- Section 2 repeals "all acts or parts of acts contravening the provisions of ce P this act." Bay Co. v. Brock, 44 / 49. See also sections 416-17. CHAPTER X. RESIGNATIONS, VACANCIES AND RE- MOVALS FROM OFFICE. RESIGNATIONS. [Extract from Ch. 15, R. S. of 1846.] (440) 1153. SECTION 1. Resignations shall be made as follows: made 1. By the governor, lieutenant governor, and all officers elected by joint vote of the senate and house of representa- tives: to the legislature; 2. By officers appointed by the governor alone, or by the governor by and with the advice and consent of the senate, or both branches of the legislature: to the governor; 3. By senators and representatives, to the presiding offi- cers of their respective houses, who shall immediately trans- mit the same to the governor; 4. By all other officers who hold their offices by election, except officers elected at township meetings: to the officer or officers respectively authorized by law to order a special elec- tion to fill such offices respectively; 140 STATE OF MICHIGAN. 5. By all other officers holding their offices by appoint- ment, and not by election : to the body, board, or officer that appointed them. Sherman v. Supervisors, 84 / 111. Bird v. Perkins, 33 / 30. When a resignation will be presumed. Duties of officers, etc., to whom resignations are made. (441) 1154. SEC. 2. It shall be the duty of all officers, bodies, or boards to whom the resignation of any office con- templated in the last preceding section, is authorized to be made, or who are authorized to fill any vacancy in any of said offices, or to order a special election therefor, when duly informed of the existence of such vacancy, to cause to be filed in the office of the secretary of state a statement of the occur- rence, with the date and cause of such vacancy. Secord v. Foutch, 44/92. See section 443. What events to create vacancy. Proviso. VACANCIES. (442) 1155. SEC. 3. Every office shall become vacant, on the happening of either of the following events, before the expiration of the term of such office: 1. The death of the incumbent; 2. His resignation; 3. His removal from office; 4. His ceasing to be an inhabitant of this state; or, if the office be local, of the district, county, township, city or vil- lage, for which he shall have been elected or appointed, or within Which the duties of his office are required to be dis- charged; 5. His conviction of any infamous crime, or of any offense involving a violation of his oath of office; 6. The decision of a competent tribunal, declaring void his election or appointment ; or, 7. His refusal or neglect to take his oath of office, or to give or renew any official bond, or to deposit such oath or bond in the manner and within the time prescribed by law: Provided, That the supervisor of any township, in which the office of a township treasurer or justice of the peace may be- come vacated by operation of this act, shall immediately transmit to the county clerk of the county in which such township treasurer or justice of the peace resides, a notice in writing, officially signed by him, informing the county clerk that the office of such township treasurer or justice of the peace is vacated. SUBDIVISION 7 : A party, however well entitled to an office, loses his right unless he files his oath and bonds. Wayne Auditors v. Benoit, 20 / 181 ; Paw Paw v. Eggleston, 25 / 36. But the directions as to time are not applicable to a person to whom the election board refuses a certificate, but can apply only to the person declared elected. People v. Mayworm, 5 / 146 ; Wayne Auditors v. Benoit, 20 / 181. One who has been elected to the office of justice of the peace and has entered upon the duties thereof, is an officer de facto, notwithstanding his failure to file his oath of office, and bond within the time prescribed by law. People v. Payment, 109 / 553. ACCEPTING INCOMPATIBLE OFFICE: The rule is well settled that he who, while occupying one office accepts another incompatible with the first, ipso facto vacates the first office. Northway v. Sheridan, 111 / 18. LAWS RELATING TO ELECTIONS. 141 An Act in relation to vacancies in certain state and county offices. [Act 190 of 1879.] The People of the State of Michigan enact: (443) 1156. SECTION 1. That in case a vacancy shall HOW vacan- occur in any public office, which vacancy may be filled by offices fflS? n appointment by the governor or otherwise, notice of such vacancy and of the facts why the same exists, shall within ten days after such vacancy shall occur, be given in writing to the officer, board or body, having power to fill such vacancy by appointment. Such notice shall be given as follows: If such vacancy shall be in any county office, excepting county clerk, by the clerk of the county wherein the same shall occur; if in the office of the circuit judge or judges or record- ers of said city courts, by the clerk of the county wherein such officer may reside at the time the vacancy shall occur; if in the office of county clerk of any county, by the judge of pro- bate of the same county; if in the office of secretary of state, by the state treasurer, and in all other cases by the secretary of state; in all cases where a vacancy may occur in an office Notice of va- the salary of the incumbent of which shall be paid in whole mSf y ' w or part from the state treasury, the officer, board or body having the appointing power shall immediately after receiving notice of such vacancy notify the auditor general of such vacancy. See section 441. REMOVALS FROM OFFICE. [Extract from Ch. 15, R. S. of 1846.] (444) 1157. SEC. 4. The secretary of state, auditor Certain offi- OPTS niciv t)f* general, and all state and county officers, except the state removed for treasurer, and judges of the supreme and circuit courts, who misconduct. are, or shall be appointed by the governor alone, or by the governor, by and with the advice and consent of the senate, or of both branches of the legislature, or by the legislature without the concurrence of the governor, may, for official mis- conduct, or habitual or wilful neglect of duty, at any time during the recess of the legislature, be removed, and the va- cancy supplied during such recess, by the governor. NO REMOVAL WITHOUT CAUSE: Officers cannot be removed without cause. People v. Lord, 9 / 227 ; People T. Therrien, 80 / 187. Our state system favors appointments for fixed periods and almost entirely rejects the policy of removals at will. Mead v. Ingham Co. Treasurer, 36 / 416. This law contains no provision of removal applicable to county superintend- ents of the poor. Id. 418. 142 STATE OF MICHIGAN. Persons ap- pointed may be removed. Governor may remove offi- cers for cer- tain reasons. When may investigate. Officer to be given oppor- tunity to be heard. (445) 1158. SEC. 5. All officers who are, or shall be appointed by the governor to fill a vacancy which shall have existed during the recess of the legislature, may be removed by the governor. (446) 1159. SEC. 6. The governor may remove all county officers chosen by the electors of any county or ap- pointed by him, and shall also remove all justices of the peace and township officers chosen by the electors of any township, or city or village officers chosen by the electors of any city or village, when he shall be satisfied from sufficient evidence submitted to him, as hereinafter provided, that such officer is incompetent to execute properly the duties of his office, or has been guilty of official misconduct, or of wilful neglect of duty, or of extortion, or habitual drunkenness, or has been convicted of being drunk, or whenever it shall ap- pear by a certified copy of the judgment of a court of record of this state that such officer after his election or appoint- ment shall have been convicted of a felony; but the governor shall take no action upon any such charges made to him against any such officer until the same shall have been ex- hibited to him in writing, verified by the affidavit of the party making them, that he believes the charges to be true, with a statement of the prosecuting attorney of the county, that in his opinion the case demands investigation. But no such officer shall be removed for such misconduct or neglect unless charges thereof shall have been exhibited to the gov- ernor, as above provided, and a copy of the same served on such officer, and an opportunity given him of being heard in his defense. Miner v. Supervisors, 49 / 602 ; Clay v. Stuart, 74 / 411 ; Att'y Gen. v. Detroit Com. Council, 112 / 169. When and by whom county clerks may be removed. Charges to be preferred. Expenses of examination. When gover- nor may de- clare certain offices vacant. (447) 1165. SEC. 12. The judge of the circuit court and the circuit court commissioner shall have authority, in term or vacation, to remove the county clerk when in their opinion he is incompetent to execute properly the duties of his office, or when, on charges and evidence, they shall be satisfied that he has been guilty of official misconduct, or habitual or wilful neglect of duty, if in their opinion such misconduct or neglect shall be a sufficient cause for such re- moval; but no such clerk shall be removed for such miscon- duct or neglect, unless charges thereof shall have been pre- ferred to said judge or commissioner, and notice of the hear- ing with a copy of the charges delivered to such clerk, and a full opportunity given him to be heard in his defense. All expense on the part of the prosecution for examination of charges, provided for in the preceding section of this act, shall be paid by the counties in which the officer to be ex- amined holds his office. (448) 1166. SEC. 13. The office of state treasurer, com- missioner of the land office, or of any other collector or re- ceiver of public moneys, appointed by the legislature, by the LAWS RELATING TO ELECTIONS. 143 governor alone, or by the governor, by and with the advice and consent of the senate, or of both branches of the legis- lature, except those officers for whose removal provision is otherwise made by law, may be declared vacant by the gover- nor, in case it shall appear to him on sufficient proofs, that such treasurer, commissioner or other officer, has in any par- ticular wilfully violated his duty. An Act to subject all persons holding office under the government of the state of Michigan to removal from office for drunkenness. [Act 79 of 1871.] , The People of the State of Michigan enact: (449) 1167. SECTION 1. That the drunkenness of any Drunkenness person holding office under the constitution or laws of this movai f ?rom state shall be good cause for removal from office by the au- office - thority and in the manner provided by law. SUPPLYING VACANCIES. [Extract from Ch. 15, R. S. of 1846.] (450) 1169. SEC. 15. When at any time there shall be circuit judge in either of the offices of county clerk or prosecuting attorney, pTrLif^fiii no officer duly authorized to execute the duties thereof, the vacancies - judge of the circuit court of the circuit in which the county where such vacancy exists, shall be situated, may appoint some suitable person to perform the duties of either of said officers for the time being ; and when at any time there shall be in either of the offices of sheriff, coroner, register of deeds-, other county or county surveyor, no officer duly authorized to execute the Ol duties thereof, some suitable person may be appointed by the county clerk and prosecuting attorney of the county to per- form the duties of either of said offices for the time being. Sayles v. Judge, 82 / 89 ; Lamoreaux v. Att'y Gen., 89 / 149. Temporary vacancies in county offices are filled by appointment and not by election. Att'y Gen. v. Hollister, 59/591. REGISTER OF DEEDS : See section 414. (451) 1170. SEC. 16. Each of the persons appointed in Persons a P - pursuance of either of the two last preceding sections, shall, vacancy to before proceeding to execute the duties assigned him, comply with such conditions and directions as shall be prescribed and etc - given relative to oaths and bonds, by the officer or officers appointing him as aforesaid. 144 STATE OF MICHIGAN. An Act prescribing the manner of filling vacancies in certain state offices. Vacancies in certain state offices, how filled. [Act 159 of 1851.] The People of the State of Michigan enact: (452) 1172. SECTION 1. That whenever, from any cause, there shall be a vacancy in the office of auditor general, attorney general, secretary of state or state treasurer, super- intendent of public instruction, or commissioner of the state land office, the governor shall have power to appoint some suitable person to fill such vacancy, and the person so ap- pointed shall take the same oath of office, and give a bond in the same manner as provided by law for the officer for whose vacancy he shall be so appointed; and such person shall hold such office, unless sooner removed by competent authority, until his successor shall be elected and qualified under the constitution of this state, or until* the close of the next session of the legislature. DECLARING AND FILLING VACANCIES SUPERVISORS. BY BOARDS OF Boards of supervisors, power of. Certain officers to five bonds. Proviso. [Extract from Act 156 of 1851.] (453) 2484. SEC. 11. The said several boards of super- visors shall have power and they are hereby authorized at any meeting thereof lawfully held: Fourteenth, To require any county officer whose salary or compensation is paid by the county, to make a report under oath to them on any subject or matters connected with the duties of his office, and to require such officers to give bonds or further or additional bonds, as shall be reasonable or nec- essary, for the faithful performance of their respective duties; and any such officer who shall neglect or refuse to make any such report, or to give such bond within a reason- able time after being so required, may be removed from office by such board by a vote of two-thirds of all the members elect, and the office declared vacant, and such board may fill such vacancy for the unexpired portion of the time for which such officer was elected or appointed : Provided, That if the spring or fall election shall occur before the expiration of the said unexpired term, if the office be an elective one, the vacancy shall be filled at such election, and it shall be the duty of such board to give reasonable notice of such election to fill the vacancy. Am. 1905, Act 98 ; 1909, Act 322. See section 414. This subdivision does not give the board the general power of removal, but only for the two causes named failure to report and neglect to give bonds. Mead v. Ingham Co. Treasurer, 36 / 416. Cases of incompetency, see Trainor v. Wayne Co. Auditors, 89 / 162. LAWS RELATING TO ELECTIONS. 145 CHAPTER XI. ELECTION OF CERTAIN OFFICERS. CIRCUIT JUDGES. An Act to provide for the election of circuit judges and regents of the university. [Act 25 of 1851.] The People of the State of Michigan enact: (454) 3735. SECTION 1. That an election shall be held on the first Monday in April, one thousand eight hundred and fifty-one, and every sixth year thereafter, in each of the judi- cial circuits into which, under the revised constitution and schedule thereto, and laws, the state is divided, by the elect- ors thereof, of one circuit judge and one regent of the uni- versity, who shall hold their offices respectively for the term of six years, and until their successors are elected and quali- fied. So far as relates to regents of the university, this act is superseded by the act immediately following. When this act was passed, Const. XIII, 6. provided for the election of a regent in each judicial circuit. (455) 3736. SEC. 2. The inspectors of elections in the several townships and Wards in cities throughout the state, are hereby required to prepare a ballot box to receive all bal- lots that may be offered at such election for circuit judge and regent of the university, both of which officers shall be voted for on one ballot. (456) 3737. SEC. 3. The secretary of state shall, im- secretary of mediately after the passage of this act, transmit to the sheriff of each county included within the several judicial circuits sheriffs. of this state a notice in writing, containing a brief istatement of the contents of this act, and he shall cause a copy of this act to be published in such newspapers within the several judicial circuits as he may deem proper, once in each week from the date of the notice till the election aforesaid. (457) 3738. SEC. 4. The sheriffs of the several counties, sheriffs to on receiving the notice hereby provided for, shall forth- with, in writing, notify the township clerk of each township, etc. and one of the inspectors of election of each ward in any city, of such election ; and it shall be the duty of the township Township clerks and inspectors of election receiving said notice to give noSce of . give eight days' notice, except for the election in eighteen hundred and fifty-one, in writing, under their hands respectively, to the electors of the township or ward, of the time and place of holding such election, by posting the same up in at least three public places in the township or ward. 19 146 STATE OF MICHIGAN. Election, can- vass, etc. County can- vass, when held. Statement, where re- turned. Board of state can- Proviso as to county of Wayne. Commence- ment of term. (458) 3739. SEC. 5. The election provided for by this act shall be conducted in the same manner as by existing laws is provided for the holding of a general election; and the inspectors of elections shall make the same canvass, state- ment and returns, and they are hereby invested with the same powers and authority as are provided by the election laws of this state for a general election. (459) 3740. SEC. 6. The county canvass for the several circuit judges and regents of the university, shall be on the second Tuesday succeeding the election, and shall be con- ducted in all respects in the same manner, and returns shall be made in the same manner and within the same time as is provided by existing laws for the canvass of representatives to congress; but the county clerks of the several counties shall transmit one of the certified copies of the statement of votes to the state treasurer, instead of the auditor general. (460) 3741. SEC. 7. The secretary of state, state treasurer and commissioner of the state land office, shall constitute the board of state canvassers, and they are hereby authorized and required to proceed in the canvass and deter- mination of the election of the several circuit judges and regents of the university, in the same manner and within similar periods of time, as near as may be, as is provided by law for the canvass of the election of representatives to con- gress, and shall transmit similar notices to the persons declared to be elected to the offices of circuit judge and regent of the university in the several judicial districts: Pro- vided, That the board of state canvassers shall not determine the result of the election for a regent of the university in the county of Wayne, until after the receipt of the several statements of votes given for a regent of the university in the upper peninsula; provided such statement shall be received before the third Tuesday of November next ensuing, when said board shall proceed to canvass and determine the election of such regent, as in other cases. (461) 3742. SEC. 8. The officers elected under the provisions of this act, shall enter upon the discharge of their respective duties on the first day of January succeeding their election. Section 9 was superseded by section 24 of Act 190 of 1891. See section 161 of this compilation. LAWS RELATING TO ELECTIONS. 147 REGENTS OF THE UNIVERSITY. An Act to provide for the election and classification of regents of the university. [Act 143 of 1863.] The People of the State of Michigan enact: (462) 3743. SECTION 1. That a general election shall General elec- be held in the several townships and wards of this state on geius r the first Monday in April, in the year one thousand eight hundred and isixty-three, and on the first Monday in April in every second year thereafter, for the election of regents of the university, who shall enter on the duties of their office' on the first day of January next succeeding their election. See constitution, Art. XI, section 3 ; section 67 of this compilation. (463) 3744. SEC. 2. At the election to be held on the Election m first Monday of April, in the year one thousand eight hun- ] dred and sixty-three, there shall be elected eight regents of the university, who shall be divided into four classes, of two HOW ciassi- each, to be numbered one, two, three and four, whose term of e ' service shall commence on the first day of January, one thou- sand eight hundred and sixty -four. The term of service of Term of ser- class number one shall expire in two years ; the term of class * each number two shall expire in four years; the term of class num- ber three shall expire in six years; the term of class number four shall expire in eight years from the first day of January, one thousand eight hundred and sixty-four. After the first Biennial eiec- election, two regents shall be elected every two years, and tion - their term of office shall be eight years. The place of each class shall be filled by an election at the general election to be held on the first Monday in April next preceding the expiration of their term of service. Sections 3 and 4 relate to the manner of giving notice of first election under this act. (464) 3747. SEC. 5. The several regents of the univer- Elections, sity, to be elected as aforesaid, shall be voted for on the same ballots with the justice or justices of the supreme court and circuit judge, to be chosen at such election; and the election provided for by this act shall be conducted in the same manner, and by the same officers, and the same notices of time and place shall be given as by existing laws for election of justices of the supreme court, and the inspectors of election shall make the same canvass, statement and return, and shall be invested with the same powers as are provided by the laws of this state for a general election. (465) 3748. SEC. 6. The county and state board of canvass, how canvassers for said election shall consist of the same persons conducted - as provided by existing laws for canvassing votes for state 148 STATE OF MICHIGAN. officers, and the canvass shall be held and conducted in the same manner, and at the same time, and the like statements and returns shall be made, and the said board shall be charged with the same duties, and invested with the like powers as provided by existing laws for canvassing votes for justices of the supreme court and circuit judges, and the sec- retary of state shall perform the sanie duties in relation thereto, and all the proceedings shall be conducted in accord- ance with the laws regulating the canvass of votes cast at a general election, so far as the same are applicable. Sec. 7 relates to the classification of regents first elected. STATE BOARD OF EDUCATION. An Act fixing the time when members of the state board of education shall be elected. [Act 216 of 1909.] The People of the State of Michigan enact: Members (466) SECTION 1. At the biennial spring election to be board of ne ]^ on th e fl^f Monday in April of nineteen hundred nine, education, _. _ t/ . . * . , ,- ,-, tnv when elected, and at each succeeding biennial spring election, there shall be elected one member of the board of education, who shall hold his office for six years from the first day of July following his election ; at the biennial spring election to be held on the first Monday in April, nineteen hundred nine, a isticcessor to the member of the state board of education whose term of office expired on December thirty-first, nineteen hundred eight, shall be elected; at the biennial spring election to be held on the first Monday in April, nineteen hundred eleven, a successor to the member of the state board of education whose term wiill expire December thirty-first, nineteen hundred ten, shall be elected; and at the biennial spring election to be held on the first Monday in April, nineteen hundred thirteen, a successor to the member of the state board of education whose term will expire on December Term. thirty-first, nineteen hundred twelve, shall be elected. Each member shall hold his office for the term for which he was elected and until his successor is elected and qualified. LAWS RELATING TO ELECTIONS. 149 SUPERINTENDENT OF PUBLIC INSTRUCTION. An Act to provide for the election of a superintendent of public in- struction. [Act 12 of 1909.] The People of the State of Michigan enact: (467) SECTION 1. At the biennial spring election to be when-ejected, held on the first Monday in April, nineteen hundred nine, and every second year thereafter, there shall be elected a super- intendent of public instruction, who shall hold office for a period of two years from the first day of July following his election and until his successor is elected and qualified. The person receiving the greatest number of votes at such election shall be by the state board of canvassers declared elected to such office. JUSTICES OF THE SUPREME COURT. An Act to provide for the organization of the supreme court, pur- suant to section two of article six of the constitution. [Act 146 of 1857, as amended.] The People of the State of Michigan enact: , (468) 177. SECTION 1. From and after the first day Howconsti- of January, nineteen hundred five, the supreme court shall tuted - consist of a chief justice and seven associate justices, to be chosen by the electors of this state, and in the meantime the supreme court shalll continue as at present organized. Am. 1903, Act 250. (469) 178. SEC. 2. A general election shall be held in General eiec- the several townships and wards of the 'state, on the first judges? 1 Monday of April, in the year one thousand eight hundred and fifty-seven, and on the first Monday of April in every second year thereafter, for the election of judges or justices of the supreme court. See Chase v. Election Com'rs, 151 / 410. (470) 179. SEC. 3. At the election to be held in the Additional several townships and cities of this state, on the first Tues- e tecte day after the first Monday of November, nineteen hundred of mce> etc four, there shall be elected three additional associate justices of the supreme court, who shall enter upon office on the first day of January, nineteen hundred five, one of whom shall hold his office until the thirty-first day of December, nineteen 150 STATE OF MICHIGAN. hundred seven, one shall hold his office until the thirty-first day of December, nineteen hundred nine, and one shall [hold] his office until the thirty-first day of December, nineteen hun- dred eleven. The ballots cast at such election for such jus- tices shall designate the term of service of each justice voted for. At the election to be held in the several townships and cities of this state, on the first Monday in April, nineteen hun- dred five, there shall be elected one justice of the supreme court, who shall hold his office for the term of eight years from and after the first day of January next succeeding such election. At the election to be held in the several townships and cities of this state, on the first Monday in April, nineteen hundred seven, and every two years thereafter, there shall be elected two justices of the supreme court to hold their offices respectively for the term of eight years from and after the first day of January next succeeding such elections. The several justices of the supreme court now in office shall hold their offices respectively during the term for which they have been elected, and the term of all other justices of the supreme court shall be eight years, as above provided. Am. 1903, Act 250. vacancy, how (471) 180. SEC. 4. Whenever a vacancy shall happen in the office of judge of the -supreme court, it shall be filled by appointment of the governor, and a successor shall be elected at the next general election which may be held on the first Monday of April thereafter; unless a general elec- tion shall be held in November, prior to such election in April ; and in such case he may be elected at such election in November. Sections 5 and 6 provided for the notification of officers of the new enact- ment. Ballot box. Elections, how con- ducted. (472) 181. SEC. 7. The inspectors of election in the several townships and wards in cities throughout the state, are hereby required to prepare a ballot box at each of the biennial elections provided for in this act, to receive all bal- lots that may be offered at such elections for a judge or judges of the supreme court, and for circuit judge and regent of the university, all of which shall be voted for on the same ballot. (473) 182. SEC. 8. The election provided for by this act shall be conducted in the same manner and by the same officers, and notices of the time and place shall be given, as by the existing laws provision is made for holding a general election in the state in the month of November of each second year; and the inspectors of election 'shall make the same can- vass, statement and returns, and they are hereby invested with the same powers and authority, as are provided by the election laws of this state for a general election. LAWS RELATING TO ELECTIONS. 151 (474) 183. SEC. 9. The county canvass for judges of county can- the supreme court shall be held on the second Tuesday sue- beheld and to ceeding the election, and shall be conducted in all respects in the same manner and by the same officers, and returns shall be made in the same manner and within the same time, as is provided by existing laws for the canvass of votes cast for circuit judges, secretary of state, and other state officers. (475) 184. SEC. 10. The secretary of state, state Board of state treasurer, and commissioner of the state land office, shall con- C5 stitute the board of state canvassers, and they are hereby HOW to pro- authorized and required to proceed in the canvass and vassing. car determination of the election of the judges or judge of the supreme court in the same manner and at the same time as is provided by law for the canvass of the election of circuit judges and regents of the university, and they shall make a statement of the votes cast and the number cast for each per- son, and determine the person or persons elected, and make and subscribe on such statement a certificate of such deter- mination, and deliver the same to the secretary of state, who shall cause the same to be recorded in his office; all of which proceedings shall be conducted in accordance with the laws regulating the canvass of votes cast at a general election for state officers, so far as the same are applicable. The balance of this act relates to the classification of judges, and powers and duties of the court. ELECTION OF U. S. SENATORS. An Act to designate the time, and provide the manner of electing United States senators. [Act 1 of 1869.] The People of the State of Michigan enact: (476) 1144. SECTION 1. That the legislature which Time of shall be chosen next preceding the expiration of the time for el which any senator was elected to represent this state in the congress of the United States, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a senator in congress, in the place of such senator so going out of office, in the following manner : Each house shall Each house openly, by a viva voce vote of each member present, name one candidate, person for senator in congress; and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each house, shall be entered on the journal Entries to of each house by the clerk or secretary thereof; but if either fouSSfe. n house shall fail to give such majority to any person on such day, that fact shall be entered on the journal. At twelve Joint con- o'clock, meridian, of the day following that on which proceed- ven 152 STATE OF MICHIGAN. Journals be read, A majority" * vote in each house to elect, ings are required to take place as aforesaid, the members of the two houses shall convene in joint convention, and the journal of each house shall then be read; and if the same person shall have received a majority of all the votes in each house, such person shall be declared duly elected a senator to represent this state in the congress of the United States; but if the same person shall not have received a majority of the votes in each house, or if either house shall have failed to take proceedings as required by this act, the joint conven- tion shall then proceed to choose, by a viva voce vote of each member present, a person for the purpose aforesaid; and the person having a majority of all the votes of the said joint convention, a majority of all the members elected to both houses being present, and voting, shall be declared duly elected ; and in case no person shall receive such majority on the first day, the joint convention shall meet at twelve o'clock, meridian, of each succeeding day during the session of the legislature, and take at least one vote, until a senator shall be elected. (477) 1145. SEC. 2. Whenever, on the meeting of the legislature, a vacancy shall exist in the representation of this state in the senate of the United States, the legislature shall proceed, on the second Tuesday after the commencement and organization of its session, to elect a person to fill such vacancy, in the manner hereinbefore provided for the election of a senator for a full term; and if a vacancy shall happen during the session of the legislature, then, on the second Tues- day after the legislature shall have been organized, and shall have notice of such vacancy, the legislature shall proceed to elect as aforesaid. (478) 1146. SEC. 3. It shall be the duty of the gov- ernor, upon the election of a senator, as herein provided, to certify his election to the president of the senate of the United States, which certificate shall be countersigned by the secre- tary of state, under the seal of the state. He shall also deliver by mail or otherwise a like certificate to the person so elected senator. Vacancies, how filled. Governor to certify elec- tion. Section 4 repeals "all acts or parts of acts contravening the provisions of this act." STATE HIGHWAY COMMISSIONER. [Extract from Act 283 of 1909, Chap. V.] State highway commissioner, appointment, etc. (479) SEC. 2. The chief officer of said department shall be denominated the state highway commissioner. He shall be a citizen of this state and shall have his office at the seat of government and 'shall personally superintend the duties thereof. He shall be appointed by the governor, by and with consent of the senate, on or before the first day of July, nine- LAWS RELATING TO ELECTIONS. 153 teen hundred nine, and shall hold his office on and after said first day of July, nineteen hundred nine, until the first day of July, nineteen hundred thirteen, and until his successor is duly elected and qualified as hereinafter provided. In the Election of, year nineteen hundred thirteen, and every four years there- s after, a state highway commissioner shall be nominated and elected by the people of the state of Michigan at the same time and in the same manner as the justices of the supreme court are nominated and elected. He shall take his oath of office July first, following his election, and his term of office shall be four years from that date and until his successor is duly elected and qualified. He shall receive an annual salary of two thousand five hundred dollars. The state highway commissioner may appoint a deputy who shall be a competent civil engineer. Such deputy shall take Deputy, and subscribe the oath of office prescribed by the constitution, salary> etc - and whenever the commissioner shall be disabled from exe- cuting the duties of his office, his deputy, duly appointed, shall execute the duties thereof until such disability be re- moved. Such deputy shall receive an annual salary of eighteen hundred doll are. The commissioner may employ such cierks. other clerks or employes as may be necessary to perform the duties incumbent upon the department. The salaries of the Payment of commissioner, deputy commissioner and others employed by 8 authority of this act shall be paid upon the warrant of the auditor general in the same manner as other state officers and employes are paid; and all other expenses shall be approved by the board of state auditors and paid upon the warrant of the auditor general. Whenever a vacancy shall vacancy, occur in said office of commissioner by reason of death, res- ignation or otherwise, the governor shall fill such vacancy by appointment, but such appointee shall hold office only until the next general state election when a new commissioner shall be elected for the unexpired term. The commissioner oath and so appointed shall, within fifteen days from the time of notice bond - of his appointment, take and subscribe the oath of office prescribed by the constitution, and shall file the same in the office of the secretary of state, and the said commissioner shall give to the people of the state of Michigan a bond in the penal sum of five thousand dollars, with sureties to be approved by the auditor general, conditioned for the faith- ful discharge of the duties of his office. The commissioner Biennial shall make a biennial report to the governor, which report report- shall contain the name and compensation of each and every person that may be or has been employed by the department, and the whole amount of the expenses of the department in the interim not previously reported. Such report shall be made on or before the first day of February, nineteen hundred nine, and every two years thereafter, and the commissioner shall have printed a sufficient number of these reports to provide every township highway commissioner and county road commissioner in the state with a copy, and such further 154 STATE OF MICHIGAN. number as may be necessary to satisfy the demand that the public weal may warrant. CHAPTER XII. ELECTIONS IN FOURTH CLASS CITIES AND VILLAGES. FOURTH CLASS CITIES. [Extract from Act 215 of 1895.] CHAPTER III. Wards. Number of wards, how apportioned. Change of boundaries not to affect aldermen or ward officers. Terms of aldermen in new wards. WARDS. (480) 2976. SECTION 1. The wards established by the council as provided in section ten, chapter one of this act, and the wards established in any incorporated city at the time of its reincorporation under the provisions of this act, shall continue to be the wards of -such city, until changed by the legislature. For the provisions of the so-called "Home Rule" act for cities, see act 279 of 1909, as amended by acts 81 and 203 of 1911. For proceedings for incorporation of fourth class cities previous to the enactment of the "Home Rule" act, see sections 2956-69, C. L., 1897. (481) 2977. SEC. 2. Any city having a population of less than five thousand inhabitants may be divided into three Wards. If it contains a population of five thousand or upwards it may be divided into four wards, and an additional ward for every additional two thousand inhabitants above five thousand and up to ten thousand. But any city having, at the time of its being brought under or subject to the pro- visions of this act, a greater number of wards in proportion to its population than above mentioned, shall not be required to diminish the number of its existing wards. (482) 2978. SEC. 3. No election of aldermen or ward officers shall be held in any newly established ward, or in any ward, on account of changes in the boundaries thereof, pre- vious to the next annual city election; nor shall the office of any alderman or other officer elected in any ward be vacated by reason of any change in such ward; but any such alderman and other officer shall, during the remainder of his term, continue in office and to represent the ward including the place of his residence at the time of the change of the bounda- ries of the ward, unless the office become vacant for some other cause. (483) 2979. SEC. 4. When by the creation of a new ward two aldermen are to be elected therein at the same time, LAWS RELATING TO ELECTIONS. 155 one of them shall be elected for one year, and one for two years, and the term of each shall be designated on the ballot. CHAPTER IV. ELECTORS AND REGISTRATION. (484) 2980. SECTION 1. The inhabitants of cities hav- who deemed ing the qualifications of electors under the constitution of electors - the state, and no others, shall be electors therein, and every elector shall vote in the ward or election district where he shall have resided during the twenty days next preceding the day of election. The residence of any elector, not being a Residence of householder, shall be deemed to be in the ward or election electors - district in which is located his regular place of lodging. See sections 1 and 87, and notes. Warren v. Bd. of Registration, 72 / 405 ; Menton v. Cook, 147 / 540. (485) 2981. SEC. 2. The council of any city having Council mav more than six hundred and fifty electors in any ward of the S^vottng city, according to the poll list of the last preceding election, precincts, shall cause such ward to be divided into two or more voting districts. The manner of making such division, the creation of election inspectors and boards of registration therein, and all matters pertaining to such division and the holding of elections in such districts, not covered by the provisions of this chapter, shall be provided for by the council making such division. REGISTRATION. (486) 2982. SEC. 3. The aldermen of each ward shall Aldermen to constitute the board of registration therein, except as in this boanfof 6 act otherwise provided. If, by reason of a change of bound- registration. ary of any ward, or the formation of a new ward, or the Additional formation of more than one election district in a ward, or member - other cause, there shall not be any or a sufficient number of aldermen representing such ward or residing within each election district, to constitute a board of registration of two persons, the council shall supply the vacancy or appoint a board of registration for the ward or election district. The compensation, members composing such board of registration shall receive two dollars per day as compensation. See general law for registration in cities, sections 85-91. (487) 2983. SEC. 4. When changes shall be made in Board of any ward or wards, or a new ward shall be formed in whole or in part from the territory of other wards, or when a ward shall be divided into voting districts, the boards of registration of the respective wards or voting districts affected by the 156 STATE OF MICHIGAN. Board to make new register. Notice of, to be given. Each ward to be an election district. When board of registration to sit. Each quali- fied elector to have his name registered. When council to fix place where board to meet. How notice of, to be given. General laws to apply to registration. When board to make re- registration. change shall meet previous to the time prescribed by law for giving notice of their sessions preceding the next election, and the name of each registered elector known to have been transferred by such change from one ward to another ward, or to a new ward, or from one voting district to another, shall be copied into the register of the ward or district to which the transfer was made, and be stricken from the reg- ister of the ward or district from which the elector was transferred by the change. (488) 2984. SEC. 5. When a new ward or voting dis- trict shall be formed, the board of registration thereof, at its session next preceding the next election therein, shall make or complete a new register of the electors residing therein, and for that purpose shall remain in session two days, and notice of the formation of such ward or district, and that a new register of the electors will be made at that session, shall be given with the notice required by law to be given of such session of the board. (489) 2985. SEC. 6. Each ward, unless otherwise subdivided, shall be an election district. On the Saturday next preceding a general election, and on the Saturday next preceding the day of the regular city election, or any special election, and on such other days as shall be appointed by the council, not exceeding three days in all, previous to any such election, the several boards of registration for the city, except as in this act otherwise provided, shall be in session at such places in their several wards as shall be designated, as hereinafter provided, from eight o'clock in the forenoon until eight o'clock in the afternoon, for the purpose of completing the lists of the qualified voters; during which session it shall be the right of each person then actually residing in the ward or voting district, and who, at the then next approaching election may be a qualified elector and whose name is not already registered, to have his name entered in the register of such ward or voting district. (490) 2986. SEC. 7. At least two weeks previous to the commencement of any such session of the several boards of registration, the council shall fix the place in each ward and voting district of the city where the board of registration will meet, and at least eight days before such session of the board the city clerk shall give notice by handbills posted in ten public places in each ward or voting district, and by pub- lication in one or more newspapers printed in the city, of the time and place in each ward or voting district when and where the board of registration for such ward and voting district will meet. Except as in this act otherwise provided, the general laws of this state relating to the registration of electors in cities shall apply to the registration of electors in cities incorporated under or made subject to the provisions of this act. (491) 2987. SEC. 8. The boards of registration in cities incorporated under this act at their sessions previous LAWS RELATING TO ELECTIONS. 157 to the general election in November, in the year one thou- sand eight hundred and ninety-six, shall make a reregistra- tion of the qualified electors of their respective wards, in books of the form provided by law. The same rules shall be oid register observed in such reregist ration as are provided by law for usla the registration of electors in cities; and a like reregistration of the electors of each ward shall be made at the session of the board next preceding the general election, in the year nine- teen hundred, and every fourth year thereafter. Wlhen such new registry shall be made the former registry of electors shall not be used, nor shall any person vote at any election in such ward after such reregistration unless his name shall be registered in such new register. Notice that such reregistra- when notice tion is required to be made shall be given with the notice of Sor?tcfbe ra ~ the meeting or session of the board at which it is to be made. CHAPTER V. OFFICERS. (492) 2988. SECTION 1. In cities incorporated under What city 11 j_ it j> it ! /v> r i i officers to be this act the following city officers, [viz.] namely, a mayor, elected, city clerk, city treasurer, and two justices of the peace, shall be elected by the qualified voters of the whole city : Pro- Treasurer to vided, That no person shall be eligible to the office of city {g s * ut treasurer for more than two terms in succession. (493) 2989. SEC. 2. In each ward a supervisor, two Ward officers aldermen and a constable shall be elected : Provided, That tc the council of any city reincorporated under and made sub- ject to the provisions of this act, which at the time of such reincorporation shall have but two wards, may provide by ordinance for the election of two additional aldermen, to be known as aldermen at large, and to be elected by the qualified electors of the whole city. At the first election held under this act one of such aldermen shall be elected for a term of one year and one for a term of two years, and annually there- after one shall be elected for a term of two years. Att'y Gen. v. Coggshall, 107 / 181 ; Ostrander v. Supervisors, 111 / 65. (494) 2990. SEC. 3. The following officers shall be t c t g e f c _ ers appointed by the mayor, by and with the consent of the coun- pointed by cil, [viz.] namely, a city attorney, city marshal, street com mayor - missioner, city surveyor, a city assessor when provided for, and a chief engineer of the fire department. The council may Council may also, from time to time, provide by ordinance for the ap- appointments pointment of, for such term as may be provided in the ordinance, such other officers whose election or appointment is not herein specially provided for, as the council shall deem 158 STATE OF MICHIGAN. When ap- pointments to be made. What officers to be elected at first elec- tion. necessary for the execution of the powers granted by this act. Appointments All such appointments shall be made by the mayor, by and \5& e consent w ^h the consent of the council, and their powers and duties of council. shall be prescribed by ordinance, but the mayor shall have no vote in the council on the question of his appointments of above named officers. (495) 2991. SEC. 4. Appointments to office, except appointments to fill vacancies, shall be made on the first Mon- day of Ma-y in each year; but appointments which for any cause shall not be made on that day may be made by the mayor and confirmed at any subsequent regular meeting of the council. (496) 2992. SEC.^. At the first election held in any city incorporated under this act, two justices of the peace shall be elected; also two aldermen in each wiard, but in cities reincorporated under this act, the aldermen elected under the former corporation shall continue in office for the term for which they were elected ; and, at such first election, such number of aldermen only shall be elected, as with those continuing in office as aforesaid, shall make the requisite number of aldermen as required by this act, and the terms of the aldermen first elected as aforesaid shall be so arranged that one alderman for each ward shall be elected annually thereafter. In all such cities reincorporated under the pro- visions of this act, the then existing justices of the peace shall hold their offices until the fourth day of July next after such first election, and no longer, and at such first election two justices of the peace shall be elected, one for the term of two years and one for the term of four years from the fourth day of July next thereafter, and the term for which each is elected shall be designated upon the ballots cast for him, and biennially thereafter one justice of the peace shall be elected for a term of four years : Provided, That whenever any city reincorporated under this act shall at the time of such rein- corporation have but two justices of the peace, whether elected by wards, districts, or by the city at large, such justices shall hold their respective offices until the expiration of the term for which they were respectively elected, and thereafter their successors shall be elected for the term of four years as provided in this act. (497) 2993. SEC. 6. The mayor, city clerk, city treas- urer, supervisors and constables shall hold their offices for the term of one year from the second Monday in April of the year when elected, and until their successors are qualified and enter upon the duties of their offices. (498) 2994. SEC. 7. All officers appointed by the mayor or council, except officers appointed to fill vacancies in elective offices, shall hold their respective offices until the first Monday of May next after such appointment, and until their successors are qualified and enter upon the duties of their office, unless a different term of office shall be provided in Terms of al- dermen, how arranged. When to elect justices of peace. Terms of office of. Terms of office of cer- tain city officers. Term of office of ap- pointed offi- cers. LAWS RELATING TO ELECTIONS. 159 this act, or in the ordinance creating the office. Any officer Term of elected to fill a vacancy shall hold the office during the resi- due of the term of office in which the vacancy occurred, and any officer appointed to fill a vacancy in any elective office shall hold such office until the next annual city election, (499) 2995. SEC. 8. Justices of the peace not elected to fill vacancies shall enter upon the duties of their offices on duties the fourth day of July next after their election. In all other cases officers shall enter upon the duties of their offices on the second Monday of April of each year, unless herein other- wise provided for. QUALIFICATIONS, OATH AND BOND OF OFFICE. (500) 2996. SEC. 9. No person shall be elected or Qualifications appointed to any office unless he be an elector of the city, and ffl C e? ldin8 - if elected or appointed for a ward, he must be an elector thereof; and no person shall be elected or appointed to any office in the city who has been or is a defaulter to the city or to any board or officers thereof, or to any school district, county, or other municipal corporation of the state. All votes for, or any appointment of, any such defaulter shall be void. (501) 2997. SEC. 10. Justices of the peace elected in ^ ei \^ es any city shall take and file an oath of office with the county of peace to 8 clerk of the county in which the city is located within the office? th f same time and in the same manner as in cases of justices of the peace elected in townships. All other officers elected or when other appointed in the city, shall, within ten days after receiving take e oath notice of their election or appointment, take and subscribe the oath of office prescribed by the constitution of the state and file the same with the city clerk. See section 73. (502) 2998. SEC. 11. Every justice of the peace, within When and the time limited for filing his official oath, shall file with the SfJkSSt? county clerk, mentioned in the preceding section, the security file security. for the performance of the duties of his office, required by law in the case of justices of the peace elected in townships; except that said official bond or security may be executed in presence of, and be approved by the mayor ; and in case he ? en *g& for shall enter upon the execution of the duties of his office before n< having filed his official oath and bond or security and such other bond or security to the city as may be required by law or by any ordinance or resolution of the council, he shall be liable to the same penalties as are provided in cases of jus- tices of the peace elected in townships; and every other officer elected or appointed in the city before entering upon the when and duties of his office and within the time prescribed for filing Sfflce?s h to r his official oath, shall file with the city clerk such bond or se- file security. curity as may be required by law or by any ordinance or 160 STATE OF MICHIGAN. Bond of clerk to be de- posited with treasurer. Sufficiency of sureties. Examination of surety. ' When council may require new bonds. Penalty for failure to comply. requirement of the council, and with such sureties as shall be approved by the council, for the due performance of the duties of his office, except that the bond or security of the clerk shall be deposited with the city treasurer. (503) 2999. SEC. 12. The council, or the mayor, or other officer whose duty it shall be to judge of the sufficiency of the proposed sureties of any officer or person of whom a bond or any security may be required by this act or by any ordinance or direction of the council, shall inquire into the sufficiency of such sureties, and may examine them under oath as to their property; such oath may be administered by the mayor, or any alderman, or other person authorized to administer oaths. The examination of any such surety shall be reduced to writing and be signed by him, and annexed to and filed with the bond or instrument to which it relates. (504) 3000. SEC. 13. The council may also at any time require any officer, whether elected or appointed, to execute and file with the clerk of the city, new official bonds in the same or in such further sums, and with new 1 or such further sureties as said council may deem requisite for the interest of the corporation. Any failure to comply with such requirement shall subject the officer to immediate removal by the council. VACANCIES IN OFFICE. Resignations to be made to council. When office to be declared vacant. Office may be vacated when oath or bond not filed. When and how council may fill vacancy. Filling of vacancies. (505) 3001. SEC. 14. Resignation of officers shall be ! made to the council. (506) 3002. SEC. 15. If any officer shall cease to be a resident of the city, or if elected in and for a ward, shall remove therefrom during his term of office, the office shall thereby b$ vacated. If any officer shall be a defaulter the office shall thereby be vacated. (507) 3003. SEC. 16. If any person elected or appointed to office shall fail to take and file the oath of office, or shall fail to give the bond or security required for the due performance of the duties of his office, within the time herein limited therefor, the council may declare the office vacant, unless previous thereto he shall file the oath and give the requisite bond or security. (508) 3004. SEC. 17. In case any vacancy occurs in the office of mayor, or in any other elective office, except jus- tice of the peace, constable and school trustee, as hereinafter provided, the council may fill such vacancy by appointment at any time within twenty days after such vacancy occurs, or may, within such time, call a special election for the purpose of filling such vacancy, as they may deem for the best interest of the city. Vacancies in the office of justice of the peace and constable shall be filled at the next annual election or at a special election called for that purpose. Vacancies in any appointive office shall be filled within twenty days after such LAWS RELATING TO ELECTIONS. 161 vacancy occurs, by the mayor by and with the consent of the e council. People v. Highland Park, 88/653. (509) 3005. SEC. 18. The resignation or removal of ^^atkm any officer shall not, nor shall the appointment or election of not to exon- another to the office, exonerate such officer or his sureties from any liability incurred by him or them. (510) 3006. SEC. 19. Whenever any officer shall resign when officer or be removed from office, or the term for which he shall cty u property have been elected or appointed shall expire, he shall, on to successor- demand, deliver over to his successor in office all the books, papers, moneys and effects in his custody as such officer, and in any way appertaining to his office; and every person wil- fully violating this provision shall be deemed guilty of a mis- demeanor, and may be proceeded against in the same manner as public officers may be proceeded against for the like offense, under the general laws of this state now 1 or hereafter in force and applicable thereto; and every officer appointed or elected under this act shall be deemed an officer within the meaning and provisions of such general laws of the state. CHAPTER VI. ELECTIONS. (511) 3007. SECTION 1. An annual city election shall when annual be held on the first Monday in April in each year, at such {flewS?" place or places in each of the several wards of the city, as the council shall designate. (512) 3008. SEC. 2. Special elections may be appointed When and^ by resolution of the council, and held in and for the city, or in m ay S be e< caiied. and for any w*ard thereof, at such times and place or places as the council shall designate; the purpose and object of which shall be fully set forth in the resolution appointing such election. (513) 3009. SEC. 3. Whenever a special election is to Notice to be held the council shall cause to be delivered to the inspect- l e Klon rs< ors of election in the ward or wards where the same is to be held, a notice signed by the city clerk, specifying the offi- cer or officers to be chosen, and the question or proposition, if any, to be submitted to the vote of the electors, and the day and place at which such election is to be held, and the pro- what to ceedings and manner of holding the election shall be the same Cf as at the annual elections. (514) 3010. SEC. 4. Notice of the time and place or When and^ ^ places of holding any election and of the officers to be elected be given by and the questions to be voted upon, shall, except as herein ci 21 162 STATE OF MICHIGAN. otherwise provided, be given by the city clerk, at least ten days before such election, by posting such notices in three public places in each ward in which the election is to be held, and by publishing a copy thereof in one or more newispapers published in the city, the same length of time before the elec- tion, and in case of a special election the notice shall set forth the purpose and object of the election as fully as the same are required to be set forth in the resolution appointing such election. (515) 3011. SEC. 5. The council shall provide and cause to be kept by the city clerk, for use at all elections, suitable ballot boxes of the kind required by law to be kept and used in townships. (516) 3012. SEC. 6. On the day of elections, held by virtue of this act, the polls shall be opened in each ward, at the several places designated by the council, at seven o'clock in the morning or as soon thereafter as may be, and shall be kept open until five o'clock in the afternoon, at which hour they shall be finally closed. The inspectors shall cause proc- lamation to be made upon opening the polls, and shall also cause proclamation to be made of the closing of the polls, one hour, thirty minutes and fifteen minutes respectively, before the closing thereof. (517) 3013. SEC. 7. The supervisor and two aldermen of each ward when eligible and one elector of the ward to be appointed by the council shall, except as in this act otherwise provided, constitute the board of inspectors of elec- tion. If by reason of the formation of new wards or by a change in the boundaries of existing wards or the creation of more than one election district therein, or for any reason there shall not be a sufficent number of the officers last named in any ward or district to make a board of four inspectors for each election district, it shall be the duty of the council, at least one week before the election, to appoint a sufficient number of inspectors, who, with the officers above named, if any, residing in the ward or election district shall constitute a board of four inspectors for the ward or district, and if at any election any of the inspectors above provided for shall not be present, or remain in attendance, the electors present may choose, viva voce, such number of electors, as with the inspector or inspectors present shall constitute a board of four in number, and such electors >so chosen shall be inspectors at that election, during the continuance thereof. Each inspector of the election shall receive two dollars per day as compensation. (518) 3014. SEC. 8. The inspectors of election in each ward or voting district shall choose one of their number chair- man of the board, and shall designate one of their number to act as clerk of the election, and another of their number to act as second clerk, and each person chosen or appointed as inspector of election shall take the constitutional oath of office, which oath either of the inspectors may administer. Ballot boxes, how provided and kept. When polls to be open. When inspect- ors to make proclamation. Who to con- stitute board of election inspectors. How to be chosen when vacancy exists. Compensa- tion. Who to be chairman and clerk of board. LAWS RELATING TO ELECTIONS. 163 (519) 3015. SEC. 9. The inspectors of election, as inspectors of specified in the last two sections, shall also be inspectors of lnTdistrict y state, county, and district elections in their respective wards election. or voting districts. (520) 3016. SEC. 10. All elections held under the pro- Elections nil. >< -i,n i i manner of visions of this act, shall be conducted, as nearly as may be, conducting. in the manner provided by law for holding general elections in the state, except as herein otherwise provided; and the inspectors of such elections shall have the same powers and authority for the preservation of order, and for enforcing obedience to their lawful commands during the time of hold- ing the election and the canvass of the votes, as are conferred by law upon inspectors of general elections held in this state. (521) 3017. SEC. 11. The council shall, at least ten Election com- days previous to any election, appoint a board of three elec- ^ppXSent tion commissioners, not more than two of whom shall belong * duties. to the same political party, who shall be the board of elec- tion commissioners for such city for such election, and they shall perform such duties relative to the preparation and printing of ballots as are required by law of the boards of election commissioners of counties. (522) 3018. SEC. 12. The electors shall vote by ballot. Electors to Such ballot shall be prepared and furnished by the board of baiiot by election commissioners as provided by the general election laws of the state, and shall contain the names of all officers to be voted for, and all questions or propositions submitted to be voted upon, and all matters touching the form and con- tents of the ballot and the casting and canvassing of the same, and all other matters touching elections shall be gov- erned by the general election laws of the state, when not inconsistent with the provisions of this act. See notes to general law, sections 122 et seque. (523) 3019. SEC. 13. The council shall convene on e c ^ de _ Thursday next succeeding each election, at their usual place termine result of meeting, and determine the result of the election upon each Ol question and proposition voted upon, and what persons are duly elected at the said election to the several offices re- spectively ; and, thereupon, the city clerk shall make duplicate certificates, under the corporate seal of the city, of such deter- mination, showing the result of the election upon any ques- tion or proposition voted upon, and what persons are declared elected to the several offices respectively ; one of which cer- tificates he shall file in the office of the county clerk, in the county in which the city is located, and the other shall be filed in the office of the city clerk. (524) 3020. SEC. 14. The person receiving the great- wi to be est number of votes for any offitee in the city or wards, shall elected. be deemed to have been duly elected to such office ; and if in case of there shall be no choice for any office by reason of two or ti( more candidates having received an equal number of votes, the council shall, at the meeting mentioned in the preceding 164 STATE OF MICHIGAN. section, determine by lot between such persons which shall be considered elected to such office. cierk to (525) 3021. SEC. 15. It shall be the duty of the city Sefson elected clerk, within five days after the meeting and determination of or appointed. ^ counc ji y as provided in section thirteen, to notify each person elected, in writing, of his election ; and he shall also, within five days after the appointment of any person to any office, in like manner notify such person of such appointment. Failure to me (526) 3022. SEC. 16. Within one week after the ex- giv n e d iiotice. to pi ration of the time in which any official bond or oath of office is required to be filed, the city clerk shall report, in writing, to the council, the names of the persons elected or appointed to any office, who shall have neglected to file such oath and requisite bond or security for the performance of the duties of the office. ELECTIONS IN VILLAGES. [Extract from Act 3 of 1895.] CHAPTER II. OFFICERS. Village officers. Term of office. Proviso. Terms of trustees of village. (527) 2699. SECTION 1. In each village the following officers shall be elected, viz., a president, six trustees, one clerk, one treasurer, who shall be ex officio collector, and one assessor. The president and trustees 'shall constitute the vil- lage council. Fpr the provisions of the so-called "Home Rule" act for villages, see act 278 of 1909, as amended by act 71 of 1911. For proceedings relative to incorporation of villages previous to the enact- ment of the "Home Rule" act, see sections 2684-98, C. D., 1897. (528) 2702. SEC. 4. The president, clerk, treasurer and assessor shall hold their respective offices for the term of one year from the second Monday of March of the year when elected, and until their successors are elected and qualified and enter upon the duties of their offices: Provided, That no person shall be eligible to the office of treasurer for more than two successive terms. Village of Laurium v. Mills, 129/537. (529) 2703. SEC. 5. The trustees shall hold their offices for the term of two years from the second Monday in March of the year when elected, and until their successors are qualified and enter upon the duties of their offices-; except that at the first election held in any village incorporated LAWS RELATING TO ELECTIONS. 165 subject to the provisions of this act, six trustees shall be elected, three for the term of one year and three for the term of two years from the second Monday of March in the year when elected, and annually thereafter three trustees shall be elected for the term of two years. (530) 2704. SEC. 6. All appointive officers, except Term of officers appointed to fill vacancies in elective offices, shall hold officer?. 1 ^ their respective offices until the second Monday of April next after such appointment, and until their successors are quali- fied and enter upon the duties of their offices, unless a differ- ent term of office shall be prescribed in this act, or in the ordinance or resolution creating the office. Officers appointed to fill vacancies shall hold their office until the next annual election, and until their 'successors are elected or appointed and qualified. All persons elected or appointed to office shall enter upon the duties thereof, upon taking the oath of office and filing the requisite security, if any is required of them. (531) 2705. SEC. 7. No person shall be elected or ap- Qualification pointed to any office unless he shall be an elector of the village. for offlce - And no person shall be elected or appointed to any office in the village who has been or is a defaulter to the village or to any board of officers thereof, or to any school district, county or other municipal corporation of the state. All votes for or any appointment of any such defaulter shall be void. All officers of the village, elected or appointed, shall take and subscribe the oath of office prescribed by the con- stitution of the state, and file the same with the clerk, and in case of failure to do so, within ten days after receiving notice of their election or appointment, shall be deemed to have declined the office. CHAPTER III. ELECTIONS. (532) 2714. SECTION 1. After the first election an Annual annual election of officers shall be held on the second Monday electlon - in March in each year, at such place in the village as the council shall designate. (533) 2715. SEC. 2. Special elections may be ap- special pointed by resolution of the council, and held at such times election, as they shall determine, the purpose and object of which shall be fully set forth in the resolution appointing such election. (534) 2716. SEC. 3. The presideent and clerk, and two who to be of the trustees, or any four of the trustees, to be appointed by the council, shall be the inspectors of election. The presi- dent, when present, shall be chairman of the board of election inspectors, and the clerk, if present, shall act as clerk of the election, and the inspectors shall appoint one of their num- ber to act as second clerk. In case four of the inspectors do 166 STATE OP MICHIGAN. not attend at the opening of the polls, or shall not remain in attendance, such vacancy shall be filled as provided by the general election laws of the state, and in case either the president or clerk, or both of them, are absent, the inspectors shall designate from their number a chairman and a clerk. compensation Each inspector of election shall receive as compensation two of inspectors. dollapg Notice of time of holding election to be published. People v. Avery, 102 / 573. (535) 2717. SEC. 4. Notice of the time and place of holding any election, and of the officers to be elected, and the questions to be voted upon, shall, except as herein otherwise provided, be given by the clerk, at least eight days before such election, by posting such notices in three public places in the village, and by publishing a copy thereof in a newspaper in the village, if any is published therein, the same length of time before the election ; and in case of a special election, the notice shall set forth the purpose and object of the election as fully as the same are required to be set forth in the resolution appointing such election. Highland Park v. McAlpine, 117 / 668. Council to ap- point board of election com- missioners. Opening and closing of polls. Manner of conducting elections. (536) 2718. SEC. 5. The council shall, at least ten days previous to any election, appoint a board of three elec- tion commissioners, not more than two of whom shall belong to the same political party, who shall be the board of election commissioners for such village for such election, and they shall perform such duties relative to the preparation and printing of ballots as are required by law of the boards of election commissioners of counties. The council shall also provide and cause to be kept by the clerk, for use at all elec- tions, suitable ballot boxes of the kind required by law to be kept and used in townships. (537) 2719. SEC. 6. On the day of elections, the polls shall be opened at seven o'clock in the morning, or as soon thereafter as may be, and shall be kept open until five o'clock in the afternoon, at which hour they shall be finally closed. The inspectors shall cause proclamation to be made upon opening the polls, and shall also cause proclamation to be made of the closing of the polls, one hour, thirty minutes, and fifteen minutes, respectively, before the closing thereof. (538) 2720. SEC. 7. All elections in said village shall be conducted as nearly as may be in the manner provided by law for holding general elections in the state, except as herein otherwise provided ; and the inspectors of such election shall have the same powers and authority for the preservation of order, and for enforcing obedience to their lawful com- mands during the time of holding the election and the canvass of the votes, as are conferred by law 1 upon inspectors of general elections held in this state. If at any election vacan- cies are to be filled, or if any person is to be elected for LAWS RELATING TO ELECTIONS. 167 less than a full term of office, the term shall be designated on the ballot. See notes to sections of the general election law, sections 122 et seque. (539) 2721. SEC. 8. Immediately after closing the canvass of polls, the inspectors of election shall, without adjourning, pKc! 1 publicly canvass the votes received by them, and declare the results, and shall on the same day or the next day make a statement in writing, setting forth in words at full length, the whole number of votes given for each office, the names of the persons for whom such votes for each office were given, and the number of votes so given for each person, and the whole number of votes given upon each question voted upon, and the number of votes for and against the same, which statement shall be certified under the hands of the inspectors to be correct, and they shall deposit such statement and cer- certificate tificate on the day of election, or on the next day, together of election. with said poll lists, and the register of electors, and the boxes containing said ballots in the office of the village clerk. The manner of canvassing said votes shall be the same as pre- scribed by law for canvassing votes at general elections held in this state, and the inspectors shall in all other respects, except as herein otherwise provided, conform, as nearly as may be to the duties required of inspectors of election at general elections. (540) 2722. SEC. 9. The council shall convene on council to de- Thursday next succeeding each election, at their usual place of meeting, and determine the result of the election upon each question and proposition voted upon, and what persons were duly elected at the said election to the several offices respectively; and thereupon the clerk shall make duplicate certificates of such determination, showing the result of the election upon any question or proposition voted upon, and what persons are declared elected to the several offices re- spectively; one of which certificates he shall file in the office of the county clerk of the county in which the village is located, and the other shall be filed in the office of the village clerk. (541) 2723. SEC. 10. If there shall be no choice f or m case of tie, any office by reason of two or more candidates having re- determine ceived an equal number of votes, the council shall at the by lot. meeting mentioned in the preceding section, determine by lot between such persons which shall be considered elected to >such office. (542) 2724. SEC. 11. It shall be the duty of the clerk, village clerk within five days after the meeting and determination of the sonTeiected^" council, as provided in this chapter, to notify each person elected, in writing, of his election; and he shall also, within five days after the appointment of any person to any office, in like manner notify such person of the appointment. cierk to report (543) 2725. SEC. 12. Within one week after the expi- failure of offl- \ - ,1 ,. 1-1 ao i i_ j xi, cers to hie ration of the time in which any official bond or oath of oath or bond. 168 STATE OF MICHIGAN. office is required to be filed, the clerk shall report in writing to the council the names of all persons elected or appointed to any office, who shall have neglected to file such oath or bond. Division of vii- (544) 272G. SEC. 13. The council of any village hav- in| e predncts" in g more than six hundred and fifty electors according to the poll list of the last preceding election, may cause such vil- lage to be divided into two or more voting precincts, and the manner of making such division, the registration, and holding of elections and of canvassing the votes, and all other matters pertaining to the division of villages into voting precincts, and of the holding of elections therein, shall be governed by the general laws of the state relating thereto. CHAPTER XIII. MISCELLANEOUS. VOTING MACHINES. An Act to provide for the casting, registering, recording and count- ing of ballots or votes at any regular or special election held in the state of Michigan, by means of voting machines; to provide for the purchase of same and to repeal all acts or parts of acts incon- sistent herewith. [Act 287 of 1907.] The People of the State of Michigan enact: voting ma- (545) SECTION 1. At all state, county, city, village and aKiectio S ns f> township elections hereafter held in the state of Michigan, ballots or votes may be cast, registered, recorded and counted by means of voting machines, as hereinafter provided. The acts relative to the use of the "Rhines Vote Recorder," "Myers Bal- lot Machine" and the "Abbott Voting Machine," are omitted from this com- pilation, see sections 3759-3823, C. L., 1897. This act refers to elections at which persons are given public offices by a plurality of the votes of all the electors voting thereat, and does not authorize the use of voting machines at primary elections. Line v. Election Com'rs, 154 / 329. A vote by voting machine is a proper vote by ballot. Detroit v. Election Inspectors, 139 / 548 ; Henderson v. Saginaw Election Com'rs, 160 / 36. But for a later enactment authorizing the use of voting machines at primary elections, see sections 569-574. Board may purchase, etc., voting machines. (546) SEC. 2. Hereafter the board of supervisors of any county, the common council of any incorporated city or vil- lage, or the township board of any township in the state of Michigan, may, by a majority vote, authorize, purchase and order the use of any thoroughly tested or reliable voting machine in any one or more voting precincts within said county, city, village or township until otherwise ordered by the officers adopting the same. Am. 1909, Act 214. LAWS RELATING TO ELECTIONS. 169 (547) SEC. 3. A voting machine to be purchased as pro- voting ma-^ vided in section two of this act must be so constructed as to strSo^of. provide facilities for voting for the candidates of at least seven different parties or organizations, and must permit all voters to vote for any person for any office although not nom- inated as a candidate by any party or organization, and must permit voting in secrecy. It shall also be so constructed that votes may be cast thereon for constitutional amendments or any other public measure; it must also be so constructed as to provide for at least thirty candidates for each party or- ganization at any and all elections and said machine must be constructed of good and durable material in a workmanlike manner, and also so constructed that it can be easily and con- veniently operated by inspectors of election and the voters; it must also be so constructed as to prevent voting for more than one person for the same office, except where the voter is entitled to vote for more than one person for that office, and it must afford him an opportunity to vote for any and all per- sons for that office as he is by law entitled to vote for and no more, at the same time preventing his voting for the same person twice. It may also be provided with one ballot in each Ballots for column containing the words "Presidential Electors," pre- ceded by the party name, and a vote for such ballot shall operate as a vote for all the candidates of such party for presidential electors. Am. Extra Session, 1907, Act 7. (548) SEC. 4. The board of supervisors of any county, the Board to common council of any city or village, or the township board of any township adopting a voting machine, shall as soon as practicable thereafter, provide for each election district, a voting machine in complete working order and shall there- after keep the same in repair and shall have the custody thereof, and of the furniture and equipment of the polling place when not in use at an election. If it shall be imprac- ticable to supply each and every election district with a voting machine at any election following such adoption, as many may be supplied as it is practicable to procure, and the same may be used in such election district or districts within the county, city, village or township as the officers adopting same may determine. More than one voting ma- chine may be provided and used in any election precinct. Am. 1909, Act 214. (549) SEC. 5. The board of supervisors of any county, the common council of any city or village, or the township board of any township on the adoption and purchase of voting machines may provide for the payment thereof in such man- ner as they deem for the best interest of the county, city, village or township, and may for that purpose issue bond certificates of indebtedness or other obligations which shall 170 STATE OF MICHIGAN. Ballot labels. be a charge on the county, city, village or township, as the HOW issued, case may be. Such bonds, certificates or other obligations may be issued with or without interest, payable at such time or times as the authorities may determine, but shall not be Refunding. issued or sold at less than par. It is further provided that in case any city, village or township of a county in which the use of voting machines shall have been determined upon by the board of supervisors, shall have previously purchased voting machines, such city, township or village shall have returned to it from, the general fund of said county, such pro rata amount of the whole cost for the county as the number of voting precincts so previously provided by any such city, township or village, bears to the whole number in the county, but not exceeding the amount previously paid by any such city, township or village. Am. Id. (550) SEC. 6. All ballot labels shall be printed in black ink, on clear white material of such size as will fit the ballot frame and in plain type as the space will reasonably permit. The party vignette and the name for each political party represented on the machines shall be prefixed to the name of the candidates for such party. The names of candidates for office to be voted for at such election shall be placed upon such machines in the same order that the names of candi- dates for office are now required to be placed upon printed ballots by the general election law 1 . Where candidates for local offices in any city, village or towtiship are to be voted for at the same election with state or county candidates, the names of the candidates for such offices shall be placed last upon such voting machines, following the name of can- didates for state, county and other offices to be voted for at such election. The order in which the names of such can- didates for local offices shall be placed upon such machines shall be prescribed by the board of election commissioners Amendments, of the city, village or township, as the case may be. Where amendments to the constitution or other questions are to be voted on, such amendments or questions shall be placed on the voting machine, upon the portion of the keyboard pro- vided therefor. Two or more independent nominations may be placed upon the same party row and such candidates shall be voted for individually. The party lever or device, if any, in connection with such party row 1 , shall be locked whenever such party row does not contain the names of candidates of a party organization or the names 1 of an independent body which may have nominated candidates for more than one vignettes. office. The vignettes adopted for such independent candi- dates, if any, shall be printed upon the ballot labels in con- nection with the names of such candidates. Where voting machines are purchased or are used the election commis- sioners of the county, city or village or township shall not be required to print and furnish paper ballots for election dis- Arrangement of names. LAWS RELATING TO ELECTIONS. 171 tricts using voting machines, except for any question or mat- ter that cannot be provided for by the voting machines. The Ballot slips. board of election commissioners of the county, shall cause to be printed ballot labels or slips containing the names 1 of can- didates for all offices to be voted for or questions to be voted upon, except when the city, village or township officials only are to be elected, at which time the city, village or township clerk shall provide such ballot labels for use upon such voting machines, and shall forward the same to the board of election commissioners of each city, village or township within the county where such voting machines are used at least five secular days before the day of election : Provided, That when- proviso. ever local officers are to be elected at any such general elec- tion, it shall be the duty of the city, township or village clerk, respectively, to file with the board of election commissioners of the county, the titles of offices, the names of all the can- didates to be voted for, and all questions or propositions to be voted upon within such city, township or village, at that election. Am. Id. (551) SEC. 7. Two additional sets of ballot labels shall Ballot labels, be provided for each polling place for each election for use tets't^be 1 on the voting machine and the same shall be delivered by the provided. board of election commissioners to the election board of each voting precinct. Envelopes for the delivery and return of the keys of the voting machine shall be furnished by the county clerk upon which shall be printed or written the number of the machine, the ward or precinct and the record of the pro- tective counter, if any, and the numbers of the seals before and after the election ; each of which shall be correctly filled out and be delivered to the proper board or official. In all instruction general or city elections where voting machines are used ballots - there shall be furnished by the board of election comimission- ers of the county, to the election board in each such precinct in the county, a sufficient number of instruction ballots of the reduced size, showing the key board of the voting machine as it will appear after the official ballots are arranged for voting on election day with the titles of offices, names of candidates, questions, etc., and with illustrations and brief instructions how to vote. Am. Id. (552) SEC. 7a. One of such models containing fictitious Machine names of candidates must be delivered to each board of elec- in tions for use on election day and one of said board, or some- one appointed by them, shall offer to exhibit and explain the operation of the voting machine by use of the model, to each voter before such voter shall be allowed to pass wlithin the guard rail to vote. Printed instructons how to vote, circu- lated to voters, must conform to the instructions approved 172 STATE OP MICHIGAN. by the official providing ballots, and adapted to the machine used. County clerk, duty of, relative to machines, etc. To employ custodians. When super- intendent, etc., to act a custodian. Duties. Election commission- ers, duties, etc. Added Id. Certificates, what to state, When ma- chines to be sealed. (553) SEC. 7b. The clerk of each county in which voting machines are to be used, in whole or in part, shall cause the proper ballot labels to be placed on the machines and the machines in every way put in order, set and arranged, ready for use in voting at such election ; and for the purpose of so labeling, putting in order, setting and arranging the machine, shall employ one or more competent persons who shall be known as voting machine custodian or custodians, who shall be sworn to perform their duties honestly and faithfully, and for such purpose shall be considered as officers of elec- tion and shall be paid for the time spent in the discharge of their duties, in the same manner as other election officers are paid. In counties where elections are in charge of a superintendent of elections, the superintendent and his dep- uties shall act as such custodians. In cities where there are more than twenty voting machines, more than one custodian shall be appointed, Who shall be selected from the two politi- cal parties entitled to representation on a board of election officers. Said custodian or custodians shall, under the direc- tion of the said county clerk, cause the machines to be prop- erly labeled, put in order, set and arranged. In preparing a voting machine for an election, the custodian shall, accord- ing to the printed directions furnished, arrange the machine and the ballots therefor so that it will in every particular meet the requirements 1 for voting and counting at such elec- tion, and thoroughly test the same. Before preparing the voting machines for any election, written notice shall be mailed to the election commissioners of the city or township in which the machine or machines are to be used, stating the time and place where the machines will be prepared, at which time such election commissioners shall be afforded an oppor- tunity to see that the machines are in proper conditions for use in the election. Such election commissioners shall be sworn to faithfully perform their duties and shall be re- garded as election officials but shall not interfere with the custodian or assume any of his duties. When a machine has been prepared for the election, it shall be the duty of such election commissioners to make a certificate in writing, which shall be filed in the office of the county clerk, stating the num- ber of the machine, the location of the polling place, whether or not all the candidates and question counters and the pub- lic counter are set at zero, the number registered on the protective counter, if one is provided, and the number of the metal seal with which the machine is sealed. Immediately after the election commissioners of each city or township, re- spectively, have inspected and certified to the correct prepa- ration of each of the voting machines to be used within the city or township, within which they are authorized to act, LAWS RELATING TO ELECTIONS. 173 the custodian shall seal each of said machines with a num- bered metal seal and shall make out a similar statement cer- tifying to the correct adjustment of each of such machines and such certificate shall be signed by the custodian and filed in the office of the recorder or clerk of the city or township in which such machine or machines are to be used. Each voting machine shall be furnished with a lantern or other device for lighting, which shall give sufficient light to enable voters while in the booth or other enclosure to read the bal- lot labels, and suitable for use by the election officers in examining the counters of the machine. It shall be the duty when of the election commissioners under the direction of the custo- dellvered - dian, to cause the voting machines to be delivered at the respective polling places in which they are to be used at least one hour before the time set for opening the polls : Provided, That police protection shall be furnished by the local author- ities whenever the officers charged with the duty of preparing such machines shall deem such protection necessary to pre- vent possible injury of any one or more voting machines, but such machines shall at all times be under the supervision of such officer, except during the hours prescribed by law for voting on election day. Added Id. (554) SEC. 7c. At least ten days prior to each election, instructions the custodian or custodians of the voting machines shall in- struct each board of election inspectors that is to serve in an election district, in the use .of the machine, and in the duty of inspectors of election, in accordance with the law and the printed instructions suitable to the machine used, copies of which printed instructions shall be mailed to each election officer prior to the time set for such instruction meetings. The custodian shall give to each inspector of election, that has received such instruction and is fully qualified to prop- erly conduct the election with the voting machine, a certificate to that effect. For the purpose of giving such instruction, Meetings, the custodian shall call such meeting or meetings of the who to calh inspectors of election as shall be necessary. Such custodian Report, shall without delay thereafter file a report with the board or J[ate. to official in charge of elections stating that he has instructed the election officers, giving the names and postoffice addresses of such election officers and the time and place where such instruction was given. The inspectors of election of each elec- tion district in which a voting machine is to be used, shall attend such meeting or meetings as shall be called for the purpose of receiving such instructions concerning their duties as shall be necessary for the proper conduct of the election with the voting machine. Each inspector of election that inspector, shall qualify for and serve in the election shall be paid one paym dollar for the time spent in receiving such instruction in the same manner and at the same time as he is paid for his ser- 174 STATE OF MICHIGAN. Who may serve. Proviso, vacancy. Ballot clerks, etc., may be dispensed with. Duty of inspectors before open- ing of polls. Instruction cards, where posted. Keys to be delivered in sealed envelope. When to be opened. When clerk, etc., to re- examine machine. vices on election day. No inspector of election shall serve in any election at which a voting machine is used, unless he shall have received such instruction and is fully qualified to perform his duties in connection with the machine, and has received a certificate to that effect from the custodian of the machines: Provided, That this shall not prevent the appoint- ment of an inspector of election to fill a vacancy in an emer- gency. Added Id. (555) SEC. 8. Ballot clerks and gate-keepers may be dis- pensed with in voting precincts in any city, village or town- ship where voting machines are used. (556) SEC. 9. The inspectors of election and poll clerks of each district shall meet at the polling place therein, at least a half hour before the time set for the opening of the polls at such election, and shall proceed to arrange within the guard rail the furniture, and voting machine for the con- duct of the election. The inspectors of election shall then and there have the voting machine, ballots and stationery required to be delivered to them for such election, and the registry of the electors required to be made and kept therefor. The inspectors shall thereupon cause at least two instruction cards and if printed in different languages at least two of each language, to be posted conspicuously within the polling place. If not previously done, they shall insert in their proper place on the voting machine the ballot labels containing the names of the offices to be filled at such election, the names of the candidates nominated therefor and the question, if any, to be voted upon. The keys of the voting machines shall be delivered to the election officers at least one-half hour before the time set for opening the polls, in a sealed envelope, on which shall be written or printed the number and location of the voting machine, the number on the seal and, if provided with a protective counter, the number regis- tered on such counter as reported by the custodian. The envelope containing the keys shall not be opened until at least two of the inspectors shall be present at the polling place and shall have examined the envelope to 'see that it has not been opened. Before opening the envelopes, all election offi- cers present shall examine the number of the seal on the machine, also the number registered on the protective counter, if one is provided, and shall see if they are the same as the numbers written on the envelope containing the keys. If found not to agree, the envelope must not be opened until the county clerk, if it be a general election, or the city or township clerk, if it be an election at which local officers only are elected, or the custodian duly appointed and authorized to act for >such clerk, shall have been notified and shall have presented himself at the polling place for the purpose of re- examining such machine and shall certify that it is properly arranged. If the numbers on the seal and protective counter, LAWS RELATING TO ELECTIONS. 175 if one is provided, are found to agree with the numbers on the envelope, the inspectors shall proceed to open the doors concealing the counters. Before the polls are opened for the when coun- election, each inspector shall carefully examine every counter {JSJ^J}. and see that it registers zero, and the same shall be subject to the inspection of the official challengers who may be pres- ent. If any counter for a candidate or question is found not to register zero, the inspectors of election shall immediately notify the county, city or township clerk, under whose direc- tion such machine has been prepared for election and said clerk or the custodian appointed by him shall adjust the counter at zero, re-examine the machine and certify to its proper adjustment for use in the election. During the ex- amination of the voting machine by the inspectors of elec- tion the operating lever of the machine shall remain locked against voting until the polls are formally opened and shall not be operated except by the electors in voting. Am. 1909. Act 214. (557) SEC. 10. Ballots voted for any person whose name "irregular does not appear on the machine as a nominated candidate ballots -" for office are herein referred to as "Irregular Ballots." To provide any and every voter who desires to vote for any per- son r whose name is 1 not on the machine or for any combination of names that could not be voted with the machine, with means by which he can so vote, the inspectors of election shall, if the type of machine so require, prior to the opening of the poll, placed inside the curtain or other enclosure en- closing the face of the machine a reasonable number of bal- lots suitable to the machine used, together with pencil and appliances necessary for the voting thereof. The inspectors instructions of election shall also cause to be placed in a conspicuous as to ball ts- place inside the polling place at least two cards not less than twelve inches square on which shall be plainly printed full and explicit instructions for the use of such ballots. A voter desiring to vote as aforesaid may fill out one of said ballots with the names of the persons he desires to vote for, but which could not be voted with the machine, designate for which of the candidates he desires the remainder of his ticket to be voted, place the same in or upon the appliance provided therefor, and deposit such ballot in a receptacle on the ma- chine provided for the irregular ballots or in a ballot box and the ballot so cast shall be counted at the close of the election : Provided, It contains a name or names or a com- Proviso. bination of names that could not have been voted with the machine. Any person removing from said enclosure any of Misdemeanor, said ballots or appliances provided for the voting of the same, tjjjjg ^penalty except for the purpose of using the same in a manner herein provided, shall be deemed guilty of a misdemeanor and upon conviction thereof before a court of competent jurisdiction shall be punished by a fine of not more than one hundred dollars or by imprisonment in the county jail of the county 176 STATE OF MICHIGAN. Emergency ballots. Who to provide. When emer- gency declar- ed to exist. in which the offense shall be committed for a period of not exceeding ninety days or both such fine and imprisonment in the discretion of the court. Emergency ballots shall also be provided by the board of election commissioners of the county, having suitable blank >spaces to permit the voter to vote a straight party ticket, or if he desires to split his party ticket, to indicate the party ticket the majority of whose candidates he favors, together with the names of such other candidates for which he desires to vote. Such ballots shall be used only in emergency and upon special permission of the board or official whose duty it is to provide ballots for the election and who shall prepare such ballots and same shall be held by the city or township clerk subject to the order of the county clerk or other authorized person. It shall not be necessary to provide such emergency ballots for each election, unless same shall have been used, destroyed or lost, in which case similar ballots shall again be provided. If at any time during the election the voting machine is 1 disabled and cannot be repaired and no other voting machine can be had to supply its place, an emergency shall be declared to exist and the voting thereafter at that election, in that voting precinct shall be by ballot, in the manner hereinafter provided in this section; the board or official having the custody of such emergency ballots shall when so directed, supply a sufficient number of such ballots to the election board for use by the voters. One of such ballots shall be delivered by the election board to each voter who may thereafter appear to vote and shall be voted and counted subject to the provisions of the general election law, except as herein otherwise provided. Such ballots shall be numbered consecutively from one up, which number shall be printed upon a perforated stub. The number of the ballot given to each voter shall be written against the voter's name, at the time of the delivery of such ballot and when such ballot is returned by the voter the num- ber thereon shall be compared with the voter's number on the poll book, and if they agree, the stub number shall then be torn off and the ballot deposited in a ballot box provided therefor, but if the numbers do not agree the ballot shall not be received and shall be void. The election board shall im- mediately ascertain the cause of such discrepancy and shall have power to arrest any person who is shown guilty of a direct or indirect attempt to cast a fraudulent ballot. Upon conviction any such person shall be punished as herein pro- vided. Ballots, to whom de- livered. How numbered. When void. Discrepancies. Challenge of voter. Am., Extra Session, 1907, Act 7; 1909, Act 214. Voting machines cannot be used at an election at which the type of machine in use cannot be so arranged as to afford the voter opportunity to vote for any desired combination of the candidates of all parties. Heline v. Election Com'rs, 149 / 390. Machines must be arranged to permit the elector's choice of candidates without disclosure to inspectors or other persons. Id. (558) SEC. 11. When the right of any person offering to vote is challenged the inspector of election shall tender to him LAWS RELATING TO ELECTIONS. 177 such of the oath required by the election law of the state as he may claim to contain the grounds of his qualifications to vote, and if the voter takes such oath he must be allowed to cast his vote upon the machine. If the challenge is not with- when not drawn the inspectors! of election shall write opposite the withdrawn - name of such voter in the registration book the Vord "chal- lenged/' and if such voter then enters the machine to vote, the election officer shall write the word "sworn" opposite the voter's name in the poll book. If sufficient evidence is pro- when may duced by any challenger or elector who will make affidavit causearrest - on blanks provided therefor, that he believes such voter is not a qualified voter, giving the reasons for same, or if such voter is known to the inspectors of election, not to be a qualified voter, they shall immediately cause the arrest of such voter and upon conviction such voter shall be deemed guilty of a felony, punishable as provided in section one hundred fifty- three of the general election laws. Am. 1909, Act 214. For the section above mentioned, see section 181 of this compilation. Challenged votes by the voting machine cannot be identified under any pro- visions of the statute. Henderson v. Saginaw Election Com'rs, 160 / 36 ; Act 214 of 1909, is not unconstitutional in providing that the votes of challenged persons must be accepted after the voters take the required oath. Id. (559) SEC. 12. With the exception of persons not nomi- irregular nated or for a combination of names that cannot be voted noftc with the machine and except for voting for presidential elect- voted ors, no irregular ballot shall be voted for any person for any office, whose name appears on the machine a;s a nominated candidate for that office. An irregular ballot must be cast in its appropriate place on the machine or it shall be void and not counted. Am. Id. (560) SEC. 13. The exterior of the voting machine and Machine, ex- every part of the polling place shall be in plain view of the election officers and the public. The voting machine shall be placed at least three feet from every wall and partition of the polling place and at least three feet from the guard rail. The guard rail shall be constructed at least three feet from Guard rail, the machine with openings to admit electors to and from the Sono 6 " machine. (561) SEC. 14. Only one voter at a time shall be per- One voter mitted to pass within the guard rail to vote. The operating afTVhrfe. of the voting machine by the elector while voting shall be secret and obscure from all other persons, except as provided by this act in cases of voting by assisted electors. No voter Time allowed shall have the right to remain within the voting machine for voting - booth longer than one minute and if he shall refuse to leave it after the lapse of one minute, he shall be removed by the inspectors: Provided, That the inspectors may grant him Proviso. 23 178 STATE OF MICHIGAN. further time in their discretion if others are not waiting to vote. Am. 1909, Act 214. Machine, how placed. (562) SEC. 15. The front of the voting machine shall be in full view of the inspectors and bystanders at all times during the election, and the machine shall be so placed or equipped that the keyboard of the machine shall be concealed from the view of all persons, except the voter, so that the vot- ing of each voter shall be in secrecy. Am. Id. Locking and unlocking of machine, by whom. Voting machines, in- struction of electors, etc. When elector cannot read English. (563) SEC. 16. An inspector of election shall attend to the locking and unlocking of the machine and it shall be his duty to prevent said machine from being unlocked at any time during said election, except when a voter is within for the purpose of voting, and whenever a voter has voted the inspector shall lock the machine and it 'shall remain so until another voter enters for the purpose of voting. (564) SEC. 17. In case any elector, after entering the voting machine booth, shall ask for further instructions con- cerning the manner of voting, two inspectors of opposite political parties shall give such instructions to him, but no inspector or other election offilcer or person assisting at any election, shall set such machines for any such elector, or move, turn or operate any lever or other part or mechanism of such machine for such elector, or in any manner request, suggest, or seek to persuade or induce any such elector to vote any particular ticket, or for any particular candidate, or for or against any particular amendment, question or proposition. After receiving such instructions such elector shall be left alone in the voting machine booth and shall vote as in the case of an unassisted voter, and no inspector or other election officer or person assisting at any election shall be present in such voting machine booth when any such elector sets or operates such machine. When an elector shall make oath that he cannot read English such voting machine shall be set for him in the presence of the challengers of each politi- cal party having a challenger at such voting place, by an inspector designated by the board for that purpose, but no such inspector shall operate such machine for any such elector. When an elector shall make oath that because of physical dis- ability he cannot set or operate such machine, or when such disability shall be made manifest to said inspectors, such machine shall be set and operated for him in the presence of the challengers of each political party having a challenger at such voting place, by an inspector designated by the board for that purpose. Am. 1911, Act 197. LAWS RELATING TO ELECTIONS. 179 (565) SEC. 18. No voter or other person shall deface or Examination injure the voting machine or the ballot labels thereon. It machine? shall be the duty of the inspectors of election to enforce the provisions of this section. The inspectors of election shall, at such intervals, as they may deem proper or necessary, ex- amine the face of the machine to ascertain whether it has been defaced or injured, to detect the wrong-doer and to re- pair any injury. (566) SEC. 19. As soon as 1 the polls of the election are Locking, etc., closed, the inspectors of election thereat shall immediately by whom - lock the voting machine against voting and open the counting department in the presence of the challengers and all other persons who may be lawfully within the polling place, giving full view of all the counter numbers. The chairman of the chairman board of inspectors shall, under the scrutiny of another in- ufies r of spec tor, in the order of the offices as their titles are arranged on the machine, read and announce irf a distinct voice the designating number and letter of each counter (if any) for each candidate's name and the result as shown by the counter numbers, and shall then read the vote on each constitutional amendment, proposition or other question. He shall also in irregular the same manner announce the vote as recorded for each vote'of. office on the irregular ballots, if any. The candidate count- ers shall not in any case be read consecutively along the party row or column, but shall always be read along the office col- umn or row, completing the canvass for each office before proceeding to the next, and the vote as registered shall be entered by the clerks in figures, directly to the inspectors' statement in ink, on the space which has the same designat- ing number and letter. After recording the vote, as shown Figures, by the counters, on the inspectors' statement of canvass, the how venfied - figures shall be verified by being called off in the same man- ner from the counters of the machine by another inspector, and if found correct, the inspectors of election shall write each candidate's vote in words in the space provided therefor. If the name of an endorsed candidate appears on the ballot when name labels more than once and the counters of such a candidate, ffSTonce. 016 who has been nominated more than once for an office to which two or more persons are to be elected, are coupled for simultaneous action, so that the vote counted by any one of the counters of such candidate will also be counted by the other counters of such candidate, the record of the vote on but one of such counters shall be taken, and the record of the vote on the other counters shall not be taken but shall be entered as zero. When the counters of a candidate who has when records been nominated more than once for an office to which but coJntemo one person is to be elected, in which case siuch counters shall be added not be coupled for simultaneous action, the record of the vote tc on each counter of such candidate shall be taken and added together: Provided, That the name of any candidate shall Proviso. appear more than once on the ballot labels. The counter compartment of the voting machine shall remain open until 180 STATE OP MICHIGAN. the statement of canvass and all other reports have been fully completed and signed by the election board. During such time any challenger of any party, duly accredited as provided by the election law, who may desire to be present shall be admitted to the polling place. The proclamation of the result of the votes cast shall be deliberately announced in a distinct voice by the chairman of the board of inspectors who shall read the name of each candidate, with a designating number and letter of his counter (if any), and the vote registered on such counter; also the vote cast for and against each question submitted. During such proclamation ample opportunity shall be given to any person lawfully present to compare the results so announced with the counter dials of the ma- chine and any necessary corrections shall then and there be made by the election board, after which the doors of the vot- ing machine shall be closed and locked. Before adjourning the board shall, with the seal provided therefor, so seal the operating lever of the machine that the voting and counting mechanism will be prevented from 1 operation. Such ma- chines shall remain so sealed for a period of thirty days after the election and shall not be operated during such time ex- cept as herein otherwise provided. Result, by whom an- nounced. Corrections, when made. Board to seal machine. Am. 1909, Act 214. Recan vass, when to be made. Who notified. Custodian to examine, etc., machine. Counters, how set before test. (567) SEC. 20. Whenever it shall appear that there is a discrepancy in the returns of any election district, the board of canvassers of the county, if it be a general election at which county or state officers are elected, or the board of canvassers of the city or township, if it be a city or township election at which city or township officers only, are elected, shall summon the inspectors of the election district in which the discrepancy is alleged to have occurred and said inspector shall, in the presence of said board of canvassers and the custodian, make a record of the number of the seal, the num- ber on the protective counter, if one is provided, and shall open the counter compartment of said machine, and without unlocking the machine against voting, shall re-canvass the vote cast thereon. Before making such re-canvass the said board of canvassers shall give sufficient notice in wHting to the county clerk and to the custodian who prepared the ma- chine for the election, of the time and place where said re- canvass is to be made. If upon such re-canvass it shall be found that the original canvass of the returns has been cor- rectly made from the machine, and that the discrepancy still remains unaccounted for, the custodian, in the presence of the inspectors of election and the said board of canvassers, shall unlock the voting and counting mechanism of said ma- chine and shall proceed to thoroughly examine and test the machine to determine and reveal the true cause or causes, if any, of the discrepancy in the return from said machine. Before testing the machine, the counters in the party row or column in which the discrepancy is alleged to have occurred LAWS RELATING TO ELECTIONS. 181 shall be set at zero after which each of such counters shall be operated at least one hundred times. After the completion when cus- of said examination the custodian shall then and there prepare ^e'state- a statement in writing giving the result thereof, and said ment - statement shall be witnessed by the persons present and shall be filed with the secretary of the county board of canvassers. Any candidate voted for at any election Who conceives him- self aggrieved on account of any fraud, error or mistake in the canvass of the vote by the inspectors or in the returns made by the inspectors of election, may file a written petition with the clerk of the board of canvassers as provided in sec- tion two hundred eighteen and section two hundred nineteen of the general election laws. Such sections, as far as practi- sections cable, shall apply except as herein otherwise provided. Am. Id. For the sections above mentioned, see sections 245 and 246 of this com- pilation. (568) SEC. 21. The secretary of state shall furnish the what sec- necessary inspector's statement and canvassing sheets and state^o samples of the certificates, envelopes, etc., suitable to the ma- furnish - chine used, to the board or officer wihose duty it is to provide ballot labels and other election supplies for each election, to be delivered to the respective boards of election inspectors to make returns where voting machines are to be used. The inspector's form of the inspector's statement shall be like that now pro- vided by the secretary of state, except that the inspector's certificate contained therein shall in addition certify to the number of the machine used, the number on the protective counter, if any, the number on the seal, and that all candi- date counters, question counters and the public counter reg- istered zero before the polls open ; also the record on the protective counter and on the seal with which the machine is sealed by the inspectors, the number on the public counter and the number of names on the poll list after the polls close. The board or official whose duty it is to provide ballot labels HOW and shall notify the secretary of state, giving the order and titles of the offices and the number of such inspectors' statements as will be required and such number plus ten per centum, shall be furnished by the secretary of state to said board or official, at least thirty days prior to election at which they are to be used. As soon as the name of all candidates for the several offices to be elected at that election are filed as required by law, the board or official Whose duty it is to pre- pare the ballot labels for the machine, shall forthwith have the names of each regularly nominated candidate, together with the designating number and letter, if any, correspond- ing to each of candidates' counter on the voting machine, printed in the space provided therefor, immediately before the word "received" in the inspector's statement: Provided, That in case of the death, resignation or failure to qualify of any of such candidates after such inspectors' statements are printed, a slip may be furnished giving the name, designat- 182 STATE OF MICHIGAN. ing number and letter, if any, of the candidate substituted therefor and same shall be pasted, before the delivery of the inspectors' statements to the board of inspectors, over the candidate's name who died, resigned or failed to qualify. It shall be the duty of the clerk of each county, city, village or township which has or may hereafter purchase or adopt voting machines to immediately notify the secretary of state of such fact. Duty of clerk. Election laws ap- plicable. Am. Id. (569) SEC. 22. All the provisions of the election laws now in force and not inconsistent with the provisions of this act, shall apply with full force to all counties, cities, villages and townships adopting the uise of voting machines. Sec. 23 repeals inconsistent acts. USE OF VOTING MACHINES IN PRIMARY ELECTIONS. An Act to permit the use of voting machines in primary elections in the state of Michigan and to repeal all laws inconsistent here- with. Primaries, voting ma- chines may be used at. Authoriz- ed voting machines. When names to be printed on ballot. Party preference. [Act 225 of 1909.] The People of the State of Michigan enact: (570) SECTION 1. At all state, county, city and township primaries, ballots or votes may be cast, registered, recorded or counted by means of voting machines as hereinafter pro- vided. (571) SEC. 2. Any voting machine which is by law authorized to be used at a general election may, by the order of the board of supervisors of any county, the common council of any city or the township board of any township, be used therein at primary elections in like manner and to the same extent that such machines may be used at general elections, and in case there are more candidates than can have their names placed on any such machines so to be used, or in case such machine is not so constructed that no voter can vote for candidates of more than one political party, then it shall be the duty of the proper election commission to designate what names shall be voted for on the machines, and to print the remaining names upon proper ballots in such manner as far as may be that the political party or parties polling the largest vote in such county for secretary of state at the last preceding election shall be placed upon the machine, and the candidates of smaller parties shall be placed upon ballots, but all the candidates of any party shall either be upon the machine or upon a ballot. LAWS RELATING TO ELECTIONS. 183 (572) SEC. 3. Ballots or slips used with or upon any vot- Printing of ing machine shall be printed on card board or paper of a size suitable to the machine used, but shall be of the colors required for each party or organization at primary elections. It HOW is further provided that such ballot labels or slips shall fl be furnished by the board or official now required to furnish such supplies. The names of all candidates shall be alter- Names, ai- nated on the ballot of each party casting at least five per ternatm s of - centum of the vote cast in the county or political subdivision at the preceding November election and shall be printed as follows: First, The form shall be set up with the names of such Alphabetical candidates arranged alphabetically, in order according to ai surnames; Second, In printing each set of tickets or ballot labels for Ap^earance^oj the several election precincts, the position of the names shall oTEaiiot label, be so changed that each candidate's name for any particular office shall as far as possible appear upon the ballot labels at the head of his office subdivision an equal number of times ; Third, In making the change of position the printer shall change of take the line of type at the head of each office division and P sition - place it at the bottom of the division and move up the column, so that the name that before w'as second shall be first after the change; Fourth, Ballots shall also be furnished as near as may be Ballots, to in the form as provided by the general primary law of the state, for voting for delegates to county conventions, and shall be voted in a separate ballot box provided therefor, as now required. (573) SEC. 4. Whenever a voting machine is used in a Party levers primary election the party levers or bars, if any, shall be SJckeS! to locked against voting so as to prevent straight ticket voting, and the machine shall be properly arranged so that the voter may vote for as many candidates for each office as there are candidates to be nominated to that office and no more. (574) SEC. 5. More than one voting machine may be used Number. in a precinct. (575) SEC. G. All acts or parts of acts relating to the Acts to use of voting machines and all acts relating to the selection of g< candidates by direct vote shall apply as far as practicable wherever voting machines are used in primaries, except insc* far as the provisions thereof may be inconsistent herewith. 184 STATE OF MICHIGAN. PURCHASE AND USE OF VOTING MACHINES. An Act to authorize and empower the board of supervisors of any county in the state to purchase and direct the use of voting machines in and for the several voting precincts of said county, and to pay for same out of the general fund of the county. [Act 154 of 1907.] The People of the State of Michigan enact: Supervisors may direct use of. Payment. Make contract. (576) SECTION 1. That hereafter the board of supervisors of any county in the state shall have the power to direct the use of voting machines in and for each voting precinct in the county, at all elections held therein. May purchase. (577) SEC. 2. In. case said board determines to use voting machines in the elections to be held in said county in the manner hereinbefore provided, it shall be the duty of said board to purchase such a number of machines and of such type as shall seem necessary and proper for the safe and correct conduct of said elections. (578) SEC. 3. The said board of supervisors is hereby authorized to pay for said voting machines out of the general fund of said county, and to make such contract for the pur- chase of such machines with regard to price, manner of purchase and time of payment as to the said board shall seem proper, and in estimating the amount of taxes to be levied for the general fund, such amount shall be added, extending over such time as may be required to fully pay for such machines. (579) SEC. 4. It is further provided that in case any city, township or village of such county in which the use of voting machines shall have been determined upon by the board of supervisors, shall have previously purchased such machines, such city, township or village shall have returned to it from the general fund of said county, such a pro rata amount of the whole cost for the county as the number of voting pre- cincts so previously provided by any such city, township or village, bears to the whole number in the county, but not ex- ceeding the amount previously paid by any such city, town- ship or village. (580) SEC. 5. All acts or parts of acts referring to the election laws of this state, as are inconsistent herewith are hereby repealed, in so far as they contravene the provisions of this act. Refunds, townships, etc., enti- tled to. Repealing clause. LAWS RELATING TO ELECTIONS. 185 RETURN OF VOTE TO SECRETARY OF STATE. [Extract from Act 44, 1899.] (581) SEC. 28. The vote for governor and secretary of County clerks state by townships and wards, and the vote for members of tnmsof vote the state legislature cast at the preceding November elec Jfl^ s ain tion, shall be returned to the secretary of state by the several county clerks on or before the first day of December follow- ing such election, and it shall be the further duty of all Further duty county clerks to furnish to the secretary of state, promptly f e S nty and without compensation, any further information requested of them, to be used in the compilation of the manual. (582) SEC. 29. The secretary of state shall, as soon as secretary of possible after the canvass of votes at the April election, print Sre^uiTo 1 ?" in pamphlet form the result of such canvass. A sufficient canvass. number of said pamphlets shall be printed to supply demands, as shall in the judgment of the secretary of state be required, but in no case to exceed five thousand pamphlets, and they shall be mailed by the secretary of state to persons who may request them. PUBLICITY OF PROPOSED CONSTITUTIONAL AMENDMENTS. An Act to secure greater publicity concerning proposed amendments to the constitution. [Act 23 of 1905.] The People of the State of Michigan enact: (583) SECTION 1. That whenever a proposed constitu- constitutional tional amendment or other question is to be submitted to the nSt?ceS ents> electors of the state for popular vote, the secretary of state shall duly prepare concise statements, setting forth the pur- port, nature and effect of the proposed amendment, or other question, and shall three times send copies of said statements HOW given. to the several daily and weekly newspapers published in the state of Michigan, no less than sixty, thirty and fifteen days respectively, prior to the election, wiith a request that said papers give as wide publicity as possible to said proposed amendment, or other questions. And he shall also furnish copies of each county and city clerk in the state at least ten copies of be such statement for each voting precinct in their respective counties or cities. Each county or city clerk in the state statement to shall furnish the board of election inspectors 1 of each voting poiung 1 places. precinct in their respective counties or cities, such statements of not less than ten copies, to be posted by such board of elec- tion inspectors in a conspicuous place in the room of holding such election and such statements shall be furnished to the 186 STATE OP MICHIGAN. inspectors of election in the following languages, namely: Two copies each of Holland, German, Polish and four copies of English. Such statements shall be furnished the election inspectors at least five days before the election. NO charge for (584) SEC. 2. Publication of any matter by any paper publication. un( j er the provisions of this act, shall be without expense or cost to the state of Michigan. Apportion- counties en ormVrere sentatives. Entitled Counties con- ?ep\ u e"enta- ne eiectkm re?' turns, where APPORTIONMENT OF SENATORS AND REPRESENTATIVES. An Act to apportion anew the representatives in the state legislature among the several counties and districts of this state. [Act 244 of 1905.] The People of the State of Michigan enact: (585) SECTION 1. That the house of representatives shall hereafter be composed of one hundred members, elected agree- able to a ratio of one representative to every twenty-four thousand two hundred persons, including civilized persons of Indian descent not members of any tribe, in each organized county, and one representative of each county having a frac- tion more than a moiety of said ratio, and not included therein, until the one hundred representatives are assigned; that is to say, within the county of Wayne, fourteen; Kent, five; Houghton, three; Saginaw, three; Allegan, two; Bay, | wo . Berrien, two; Calhoun, two; Genesee, two; Ingham, two; Jackson, two; Kalamazoo, two; Lenawee, two; Mar- quette, two; Oakland, two; Ottawa, two; St. Clair, two; Washtenaw, two; Alpena, one; Antrim, one; Barry, one; Branch, one; Cass, one; Charlevoix, one; Cheboygan, one; Chippewa, one; Clinton, one; Delta, one; Dickinson, one; Eaton, one; Emmet, one; Gogebic, one; Grand Traverse, one; Gratiot, one; Hillsdale, one; Huron, one; Ionia, one; Isa- bella, one; Lapeer, one; Livingston, one; Macomb, one; Man- istee, one; Mason, one; Mecosta, one; Menominee, one; Mid- land, one; Monroe, one; Montcalm, one; Muskegon, one; Newaygo, one; Oceana, one; Osceola, one; St. Joseph, one; Sanilac, one; Shiawassee, one; Tuscola, one; Van Buren, one. The counties of Wexford and Lake shall constitute a repre- sentative district and be entitled to one representative. The election returns of said district shall be made to the county of Wexford. The counties of Benzie and Leelanau shall con- stitute a representative district, and be entitled to one rep- resentative. The election returns of said district shall be made to the county of Leelanau. The counties of Alger, Luce, Mackinac and Schoolcraft shall constitute a representative district and be entitled to one representative. The election returns of said district shall be made to the county of School- LAWS RELATING TO ELECTIONS. 187 craft. The counties of Baraga, Iron, Keweenaw, Ontonagon, shall constitute a representative district, and be entitled to one representative. The election returns of said district shall be made to the county of Iron. The counties of Ros- common, Clare and Gladwin, shall constitute a representative district, and be entitled to one representative. The election returns of said district shall be made to the county of Clare. The counties of Crawford, Montmorency, Presque Isle, Oscoda and Otsego shall constitute a representative district, and be entitled to one representative. The election returns of said district shall be made to the county of Presque Isle. The counties of Kalkaska and Missau- kee shall constitute a representative district, and be entitled to one representative. The election returns of said district shall be made to the county of Missaukee. The coun- ties of Alcona, losco, Arenac and Ogemaw shall constitute a representative district, and be entitled to one representative. The election returns of said district shall be made to the county of losco. See Att'y Gen. v. Springwells, 143/523. An Act to divide the state of Michigan into thirty-two senatorial dis- tricts: [Act 273 of 1907.] The People of the State of Michigan enact: (586) SECTION 1. The state of Michigan shall be divided senatorial into thirty-two senatorial districts, and each district shall be dl entitled to elect one senator, and the districts shall be con- stituted and numbered as follows: The first district shall consist of the eleventh, thirteenth, fifteenth and seventeenth w^ards of Detroit and the towtnships of Gratiot, Greenfield, Grosse Pointe, Hamtramck, Livonia, Plymouth, Northville and Bedford; The second district shall consist of the fifth, seventh and ninth wards of Detroit; The third district shall consist of the first, second, third, fourth and sixth wiards of Detroit; The fourth district shall consist of the eighth, tenth, twelfth and fourteenth wards of Detroit; The fifth district shall consist of the sixteenth and eight- eenth wards of Detroit and the townships of Springwells, Brownstown, Canton, Dearborn, Ecorse, Huron, Monguagon, Nankin, Komulus, Sumpter, Taylor, Van Buren and city of Wyandotte, in the county of Wayne ; The sixth district shall consist of the counties of Kala- mazoo and St. Joseph; 188 STATE OF MICHIGAN. The seventh district shall consist of the counties of Berrien and Gass; The eighth district shall consist of the counties of Allegan and Van Buren; The ninth district shall consist of the counties of Calhoun and Branch; The tenth district shall consist of the counties of Jackson and Hillsdale; The eleventh district shall consist of the counties of St. Glair and Macomb; The twelfth district shall consist of the counties of Oak- land and Washtenaw,; The thirteenth district shall consist of the counties of Gene- see and Livingston ; The fourteenth district shall consist of the counties of Ing- ham and Shiawassee; The fifteenth district shall consist of the counties of Barry, Eaton and Clinton; The sixteenth district shall consist of the first, second, third, fourth, fifth, tenth, eleventh and twelfth wards of the city of Grand Rapids in the county of Kent; The seventeenth district shall consist of the sixth, seventh, eighth and ninth wards of the city of Grand Rapids and the townships of Tyrone, Solon, Nelson, Spencer, Sparta, Algo- ma, Courtland, Oakland, (Oakfield), Alpine, Plainfield, Can- non, Grattan, Walker, Grand Rapids, Ada, Vergennes, Wy- oming, Paris, Cascade, Lowell, Byron, Gaines, Caledonia and Bowne in the county of Kent; The eighteenth district shall consist of the counties of Ionia and Montcalm; The nineteenth district shall consist of the counties of Mon- roe and Lenawee; The twentieth district shall consist of the counties of Hu- ron and Sanilac; The twenty-first district shall consists of the counties of Tuscola and Lapeer; The twenty-second district shall consist of the county of Saginaw ; The twenty-third district shall consist of the counties of Muskegon and Ottawa; The twenty-fourth district shall consist of the counties of Midland and Bay; The twenty-fifth district shall consist of the counties of Mecosta, Isabella and Gratiot; The twenty-sixth district shall consist of the counties of Manistee, Mason, Lake, Oceana and Newlaygo; The twenty-seventh district shall consist of the counties of Antrim, Kalkaska, Missaukee, Wexford, Grand Traverse, Lee- lanau and Benzie; The twenty-eighth district shall consist of the counties of Alcona, Oscoda, Crawford, losco, Ogemaw, Roseommon, Are- nac, Gladwin, Clare and Osceola; LAWS RELATING TO ELECTIONS. 189 The twenty-ninth district shall consist of the counties of Cheboygan, Presque Isle, Alpena, Emmet, Gharlevoix, Otsego and Montmorency; The thirtieth district shall consist of the counties of Me- nominee, Delta, Schoolcraft, Luce, Mackinac and Ohippewa; The thirty-first district shall consist of the counties of Go- gebic, Iron, Marquette, Dickinson and Alger; The thirty-second district shall consist of the counties of Ontonagon, Houghton, Keweenaw and Baraga. (587) SEC. 2. The election returns of each county form- Election ing one district shall be made to the county clerk's office of where 8 ' said county. The election returns of each district composed made - of more than one county shall be made to the county clerk's office of the county in which the largest total vote for presi- dential electors was cast at the last preceding presidential election. The election returns of each district composed of a portion of a county shall be made to the county clerk's office of said county. LOCAL OPTION LAW. An Act to prohibit the manufacture, sale, keeping for sale, giving away or furnishing of vinous, malt, brewed, fermented, spirituous or intoxicating liquors, or any mixed liquor or beverage, any part of which is intoxicating, and to prohibit the keeping of any saloon or other place for the manufacture, sale, storing for sale, giving away or furnishing of such liquors or beverages, and to suspend the general laws of the state relative to the taxation and regulation of the manufacture and sale of such liquors in the several coun- ties of this state under certain circumstances; to authorize the quali- fied electors of the several counties in this state to express their will in regard to such prohibition by an election, and to authorize and empower the board of supervisors of the several counties, after such election, if they shall determine the result to be in favor of such prohibition, to prohibit the manufacture, sale, keeping for sale, giving away or furnishing of any such liquors, or the keeping of a saloon or any other place for the manufacture, sale, storing for sale, giving away or furnishing of the same within their respective counties; and to provide for penalties and rights of action in case of its violation. [Act 207 of 1889, as amended.] The People of the State of Michigan enact: (588) 5412. SECTION 1. It shall be unlawful for any Local option, person directly or indirectly, himself or by his clerk, agent or w employe, to manufacture, sell, keep for sale, give away or furnish any vinous, malt, brewed, fermented, spirituous or in- toxicating liquors, or any mixed liquor or beverages, any part of which is intoxicating, or keep a saloon or any other place where any such liquors are manufactured, sold, stored for sale, given away or furnished in any county of this state on and after the first day of May next following after the adoption 190 STATE OF MICHIGAN. Proviso, druggists. Provisions suspended. by the board of supervisors of such county of a resolution prohibiting the same, as provided by section thirteen of act number two hundred seven of the public acts of eighteen hun- dred eighty-nine, as amended, so long as said resolution re- mains unrepealed: Provided, however, That the provisions of this section shall not apply to druggists or registered phar- macists selling any such liquors under and in compliance with the restrictions and requirements imposed upon them by sec- tions twenty-five and twenty-six of this act and who have given the bond required by the general liquor law of this state. Am. 1899, Act 183; 1909, Act 107; 1911, Act 261. NOTE. Only such annotations are here used as refer to the holding of elections under this act. For more complete annotations, see sections 5412 5435, C. I*., 1897, or pamphlet on manufacture and sale of spirituous liquors. This act is not unconstitutional. Feek v. Twp. Board of Bloomingdale, 82/393. The amendment of the local option law by Act 183 of 1899, is not objectionable under the provisions of article 4, section 20, constitution of 1850, although the original act authorizes the boards of supervisors to act on petitions while the amendment is mandatory. In re Wilson, 160 / 42. (589) 5413. SEC. 2. On and after the first day of May next following after the adoption by the board of supervisors of any county of a resolution prohibiting the manufacture of liquors and the liquor traffic, as hereinafter provided in section thirteen of this act, the provisions of the general laws of this state for the taxation and regulation of the business of manufacturing, selling, keeping for sale, fur- nishing, giving away or delivering spirituous and intoxicating liquors and malt, brewed, fermented and vinous liquors, shall be and the same are hereby declared suspended and super- seded so far as relates to the territory and municipalities within the limits of any such county. Am. 1899, Act 183; 1911, Act 261. Proceedings (590) 5414. SEC. 3. In order to ascertain the will of to ascertain ,-, i-/ -i -i i /. -, t t the will of the the qualified electors of each organized county, in regard to 3 rs, etc. 8uch prohibition, it shall be the duty of the county clerk of the counties of this state, severally, upon written applica- Petition. tion and petition filed with him and addressed to the board of supervisors of the county, signed by not less than one-third of all the qualified electors thereof, as shown by the poll lists or returns and canvass of the last preceding general election for state officers held in such county, praying that the ques- tion, should the manufacture of liquor and the liquor traffic be prohibited within the county, be submitted to the qualified electors of the county, to lay such petitions before the board of supervisors at the earliest opportunity. Am. 1899, Act 183. A qualified elector is one who meets the requirements of article 3, section 1, constitution of 1909. Rutledge v. Supervisors of Marquette Co., 160 / 22. Petition re- (591) 5415. SEC. 4. To enable the county clerk to ?o u wnship ea ' ascertain that the petitioners thus praying for such an election separately. are qualified electors of such county, and that they consti- tute at least one-fourth of all the electors of such county, as LAWS RELATING TO ELECTIONS. 191 shown by the poll list or the returns and canvass of the last preceding general election. To enable each and every elector to determine for himself if his name has been fraudulently attached to said petition, it is hereby required that the signa- tures of all the petitioners residing in any one and the same township, ward or election district, shall be attached to one petition or list, separate from those of any other township, ward or election district, and that an exact copy of said peti- signatures to tion and of all the signatures thereto shall be posted in three p of the most conspicuous places in the said township, Ward or election district for at least ten days immediately prior to its presentation to the county clerk. Every such petition TO be accom- shall be accompanied by a transcript of the poll list, if it can JSmscript be procured, of the last preceding general election, held in of poll list. such township, ward or election district, certified as correct by the township, city or county clerk, as the case may require, and also an affidavit or affidavits, by one or more resident Affidavit of electors of such township, ward or election district, stating P stmg - therein that an exact copy of such petition, and of all the signatures thereto, has been posted in three of the most con- spicuous places in such township, ward or election district, for at least ten days immediately prior to its presentation to the county clerk; and that he or they are personally acquainted with said petitioners and know that they reside within such township, ward or election district, and that the signatures are the genuine signatures of the persons sign- ing the petition, and of the persons whose names severally appear upon such transcript of the poll list, or if such trans- cript shall not have been procured, then that the persons wihose names are attached to said petition are, to the best of his knowledge and belief, qualified electors in such town- ship, ward or election district : Provided, however, That, if proviso as to for any reason a certified transcript of any poll list shall not transcri P t - have been procured, or if such transcript shall be defective, it shall be sufficient if the whole number of all the petitioners is equal to one-fourth of the number of all the qualified elect- ors of such county, as shown by the returns or county canvass of the last preceding general election. If the petitions presented to the county clerk praying that an election be held are accompanied by transcripts of the poll lists of the last preceding general election, as provided for, the fact that the petitioners whose names appear upon the poll lists still reside within their respective townships, wards or election districts must be shown by the affidavit or affidavits of one or more resident electors thereof, upon his or their own knowledge ; but if such transcripts do not accompany the petitions, the affidavit or affidavits need only state that the persons whose names are attached to the petitions are, to the best of affiant's knowledge and belief, qualified electors in such township, ward or election district, which implies a residence within the township. Friesner v. Common Council of Charlotte, 91 / 504. One who is a registered elector is a qualified voter under the local option law, although his name does not appear upon the poll lists. Werstein v. Supervisors of Calhoun Co., 156 / 63. Under this section, affidavits that copies of the local option petitions have been posted ten days prior to their presentation to the county clerk must be made after the lapse of the ten-day period in order to comply with the statute.- Crawford v. Supervisors of Gratlot Co., 160/31. 192 STATE OP MICHIGAN. County clerks to file peti- tion, etc. (592) 5416. SEC. 5. When such petitions have been presented to the county clerk, he shall file the same in his office, and when it shall appear upon the face thereof, and by the transcripts of the poll lists, or by reference to the returns and canvass of the last general election that such submis- sion of said question of prohibition has been prayed for by not less than one-third of all the qualified electors of the entire county, shown as aforesaid, he shall, at the next regular or adjourned meeting of the board of supervisors, call the attention of the board to the fact that such petitions have been received and filed with him. Am. 1899, Act 183. The resolution of the board of supervisors, adopted in conformity to law, and the record being regular, that an election under the local option law has been prayed for by the requisite number of electors, is conclusive of the preliminary steps necessary to set the board in motion. Thomas v. Abbott, 105 / 687. The statute does not provide for the filing or keeping of any separate order, distinct from that entered upon the journal, and the provision that the board "shall thereupon issue an order directing that such election be held" is complied with by the service upon the officers named in the act of copies of the order, and the publication of the same. Where, in the record of the day's proceedings, other matters appear besides the resolution or order of the board directing the holding of a local option election, it is proper to omit such irrelevant matter from the notices served and posted, and to append thereto the signatures of the clerk and chairman found at the close of the day's proceedings as recorded. The law does not, in terma, require the posting of the certified copy of the order served upon the township clerk, and it is sufficient if said order is embodied in the notice of election posted by that officer. Three of the inspectors signed the original canvass of the votes given in their township and apparently all joined in the returns that were canvassed by the board of supervisors, and it is held that the board had power to require an amended return if the one made was incomplete, and might, in certain cases, proceed and complete the canvass. The commissioners of election have authority under the more recent Australian ballot law, to provide ballots for a local option election. The jurisdiction being shown by a valid record and canvass, the determination of the board of supervisors as to the result of a local option election is final. Id. Clerk to lay petitions be- fore super- visors. Order for election, what to recite. (593) 5417. SEC. 6. At such meetings of the board of supervisors it shall be the duty of the county clerk to lay before them petitions filed in his office praying for such sub- mission of said question of prohibition, and when upon exam- ination, it shall appear to the said board, upon the face of said petitions, and by the transcripts of the poll lists, or by reference to the returns and canvass of the last general elec- tion, that such submission of said question has been prayed for by the requisite number of electors, as hereinbefore pro- vided, they shall, by resolution, determine and declare to that effect, and such determinations shall be final as to the suffi- ciency of the petitions and the requisite number of electors signing the same, and they shall thereupon issue an order directing that such question shall be voted upon at the next annual township election to be held in and for such county. Said order shall recite: The filing and examining of the peti- tions; the resolution determining and declaring that said j)etitions represent not less than one-third of all the qualified electors of the county as shown by the transcripts of the poll lists, or the returns and canvass of the last preceding general election for state officers held in such county; the ordering of the question of prohibition to be submitted at the next gen- eral election for township officers in the several townships, LAWS RELATING TO ELECTIONS. 193 villages and cities in the county, to ascertain whether or not it is the will of the electors of the county that the manufac- ture of liquor and the liquor traffic should be prohibited within the limits of the county; which said day of election shall always be at the time of the township meeting for the election of township officers. Such orders shall be entered in Order to be full upon the journal of the proceedings of the board for that Sm e ai. upor day, and the same shall be signed by the acting chairman and clerk of the board before final adjournment. The county Copy to be clerk shall, without delay, cause a copy of such order, duly In certified by him, to be delivered to the township clerk of of election - each township, and to one of the inspectors of election of each ward or election district of every city in the county, and shall also at the same time cause such order to be published order for for three successive weeks in two newspapers published in pubiis > he'd how the county. Am. Id. The purpose of the provisions of the act making the determination by the board of supervisors that the election has been prayed for by the requisite number of electors signing the same, was to place the result when once reached by the people, beyond controversy or collateral attack, which power it was competent for the legislature to confer upon the board, under article 4, sec. 38, of the constitution. Friesner v. Common Council of Charlotte, 91 / 504. The provisions fixing the time when the different proceedings taken by the board of supervisors under the act shall be entered on their journal and signed by the acting chairman and clerk, are mandatory. Covert v. Treasurer of Gratiot Co., 93 / 603. It is competent for the board of supervisors, when convened for the purpose of determining whether or not an election under the local option law has been prayed for by the requisite number of electors, to collect and collate the required statutory facts through a committee appointed for that purpose. Giddings v. Wells, 99 / 221. Sec. 2477, C. L., 1897, which makes it the duty of the clerk of the board of supervisors to record the vote of each supervisor on any ques- tion submitted to the board when required by any member, gives an ample remedy to minorities, and where the record sets forth the adoption of a resolution without giving the yea and nay vote, it will be presumed that it received the necessary majority vote to authorize its passage. Where the returns made by the inspectors of election bear date as of the day on which the election was held, it will be presumed that the inspectors pre- pared the same "wihout recess or adjournment," as required by section tea of the local option law. The consideration by the board of supervisors, in determining the result of an election under local option law, of illegal re- turns from certain townships, will not invalidate the election, where the exclusion of such returns will not destroy the majority in favor of the proposition submitted to the electors. The operation of the local option law in a given county does not depend upon the forwarding, without delay, by the county clerk to the secretary of state, of a certified transcript of the resolution of prohibition, and of so much of the journal of the proceedings of the board of supervisors, as pertains to the election, including the tabular statement of votes, together with a copy of the affidavit of publication of the notice of the adoption of the resolution, as required by section fourteen of the local option law : and the failure of the clerk to comply with said provision will not defeat the proceeding. Under this section which pro- vides that the order of the board of supervisors directing that an election be held, "shall be entered in full upon the journal of the proceedings of the board for that day, and the same shall be signed by the acting chairman and clerk of the board before final adjournment," it is sufficient if the jour- nal for the day is signed after the close of the session. Thomas v. Abbott, 105 / 688. The determination of the board of supervisors that a sufficient number of qualified voters of the county had petitioned for the submission of the question in the county is final. .Koerber v. Supervisors, 155 / 677. This section gives the right to one whose name has been fraudulently placed upon a petition to have it erased, but does not confer such right upon one who signs the petition of his own volition. Id. Section 7 repealed, 1899, Act 183. As to sufficiency of petitions and affi- davits Madill v. Midland Com. Council, 156 / 56 ; Werstein v. Supervisors of Calhoun Co., 156 / 63. Publication of notice of election. Bauer v. Town- ship board of Denmark, 157 / 395. The record of the board of supervisors evidencing the action of the board upon a petition to submit to the voters the question of the adoption of local option, may not be collaterally attacked be- cause of the failure of the clerk to sign the record before the final adjourn- ment, where the record had been signed by the clerk during his term of office, and had been read and approved at a subsequent meeting, the record of which was properly authenticated. Derosia v. Loree. 158/64. A peti- tioner may not have his name removed after the petition is filed, when 25 194 STATE OP MICHIGAN. the signature was genuine and voluntary. Kern v. Supervisors of St. Glair Co., 160/11; see also Rutledge v. Supervisors of Marquette Co., 160/22; Lewis v. Supervisors of Montmorency Co., 164 / 595. The boards of super- visors are not authorized to go behind the petitions and affidavits required by statute to determine the qualifications of the petitioners. Flanders v. Super- visors of Van Buren Co., 160/27. Ballots, who to furnish, form of, etc. Qualification of electors. Registration, how conduct- ed, etc. Proviso as to submitting question. (594) 5419. SEC. 8. The officers wJiose duty it is to provide ballots for such annual township election shall pro- vide suitable ballots, as is provided for in section forty-eight of act number two hundred sixty-six of the session laws of eighteen hundred ninety-seven, containing the question, "Shall the manufacture of liquors and the liquor traffic be prohib- ited within the county?" Am. 1899, Act 183. (595) 5420. SEC. 9. All persons entitled under the law of this state to vote for supervisor shall be deemed qualified to vote upon the question of prohibition provided for in this act. The registration of the qualified electors, the hours of opening and closing the polls, the manner of voting, and of holding and conducting an election under this act, and the power and duty of the boards of registration, of inspection of election, township boards and common council, and all other officers with reference to such election, shall be the same in every respect as in the case of annual township elections, or the election of members of the board of supervisors, except as otherwise provided for by this act so far as the same shall be applicable : Provided, however, That such proposition having been once submitted and decided either way by a majority of the votes of the qualified electors in any county in the state, voting thereon, the same shall not be again submitted in such county within a period of two years next thereafter, but may, at any time after the expiration of such period upon a like petition and action, be again submitted, and so on, at the expiration of not less than two years after such election. Am. Id. EXPIRATION OF TWO YEARS: See Reefer v. Hillsdale Co., 109/645. statement of (596) 5421. SEC. 10. At the close of the canvass, and mspec'tors." by after declaring the result of the vote, and without recess or adjournment, the inspectors shall draw up a statement of such result and cause a duplicate thereof to be made, which statement and duplicate, together with the poll lists, shall be certified by the inspectors to be correct, and shall be sub- contents, scribed with their names. Such statement shall set forth in words at length the whole number of votes given upon the proposition submitted, and the whole number of votes cast "yes" and the whole number of votes cast "no" thereon, and TO be filed. the majority for or against the proposition. Said statements, together with the poll lists, shall forthwith be filed by the inspectors with the township or city clerk, one copy of each of which shall be filed and preserved in his office, and the other transmitted by him to the county clerk of the county within LAWS RELATING TO ELECTIONS. 195 five days after such vote shall be taken, and there remain on file. i ' | ! i WITHOUT RECESS, ETC. : This provision relative to drawing up the statement is mandatory. Covert v. Munson, 93/605. See Giddings v. Wells, 1)9 / 224. (597) 5422. SEC. 11. The board of supervisors of such Board of county shall meet on the first Monday after such election wneTto * 5 ' to canvass the vote of the county, and shall ascertain, deter- Smvass vote mine and declare the result thereof. At such meeting the county clerk shall lay before the board the statements of the votes of the several townships, wards and election districts filed with him, as above provided. Such canvass, determina- tion, and declaration of the result, together with a tabular statement of all the votes cast, shall be entered in full upon the journal of their proceedings for that day, and the same shall be signed by the acting chairman and the clerk of the board : Provided, That if any such statement or poll list Proviso, shall not be made, certified or returned, as provided in sec- tion ten of this act, the board of supervisors may, at such meeting, send for the same and require the same to be certi- fied and made, the same, and with like power and authority, as the board of county canvassers at general elections. Where the board, on the day provided by statute for canvassing the result of such election, met and appointed a committee to tabulate the vote from the returns of the different precincts, and took a recess until the following day when the report of said committee and the returns were submitted and the proposition declared to be carried, was not fatal to the validity of the elec- tion ; such provision being directory. Madill v. Midland Com. Council, 156 / 57. (598) 5423. SEC. 12. In case any township, ward or in case town- election district -shall refuse or neglect to hold an election "hin refuse to at the time or in the manner required under this act, or in hold election, case the statement of the votes of any one or more townships, wards, or election districts shall be unlawfully withheld from such board of supervisors, and it shall appear to said board of supervisors upon inquiry that such refusal or neglect to hold an election, or that such withholding of any statement of the votes is done for the purpose of preventing a full expression of the will of the electors of such county upon the proposition so submitted, it shall nevertheless be lawful for such board to proceed with the canvass of the votes and declare the result thereof, the same as though no such refusal or neglect to hold such election or the withholding of any such statement had taken place; and such refusal, neglect or withholding shall in no wise affect or invalidate the result of the election as determined and declared by such board. Feek v. Twp. Board, 82/410; Thomas v. Abbott, 105/692. (599) 5424. SEC. 13. When the result of the county p u t y of super- canvass shall show that a majority of all the legal voters r ?' [Jj 16 . g e voting on such proposition shall have voted to prohibit within affirmative. such county the manufacture of liquors and the liquor traffic, 196 STATE OP MICHIGAN. Resolution of prohibition. Entered upon journal. and when the board of supervisors shall have so determined and declared, as hereinbefore provided, it shall be the duty of such board of supervisors to order the prohibition within the limits of such county of the manufacture, sale, keeping for sale, giving away or furnishing of any vinous, malt, brewed, fermented, spirituous or intoxicating liquors, or any mixed liquor or beverage, any part of which is intoxicating, and to prohibit the keeping of a saloon or any other place where such liquors are manufactured, sold, stored for sale, given away or furnished, by resolution, adopted at that same meeting of the board, or at a meeting to which the same may be adjourned not more than ten days after such canvass. Such resolution shall be spread in full upon the journal of their proceedings and shall set forth in a preamble the fact that an election submitting a proposition of prohibition as aforesaid was duly held in the county; that sufficient returns and statements have been canvassed by them and the result thereof ascertained ; that such result was in the affirmative of such proposition, giving the majority, and that the same has been so determined and declared by them. Such resolution of prohibition shall take full effect in such county on the first day of May next following its adoption, and shall not be sub- ject to repeal by the board of supervisors within two years next thereafter, after the expiration of which period the board may again on petition of one-third of all the qualified electors thereof, as shown by the poll lists or returns and can- vass of the last preceding general election for state officers held in the county, by a majority vote of all the members elect act as in the first instance, and repeal such resolution of prohibition, but not unless a majority of the electors of the county, voting on such proposition, at a subsequent election duly held in accordance with the provisions of this act, shall have declared against the prohibition of the manufacture of liquor and of the traffic therein, and upon the repeal of such resolution of prohibition by the board of supervisors, all former suspension and superseding of the general laws of the state relative to the taxation and regulation of the manufac- ture and sale of intoxicating liquors, as provided in section two of this act, shall cease within such county: Provided, however, That all actions which may have been brought and all rights of actions which may have accrued before such re- peal shall remain and continue to exist as fully as if no such repeal had taken place. Am. 1899. Act 183. Feek v. Twp. Board, 82 / 414 : Keefer v. Supervisors. 109 / 645. As to finality of determination of board of supervisors. Haehnle Brewing 1 Co. v. Supervisors, 156 / 493. When to take effect. When not subject to repeal. Result of repeal, etc. Proviso. ?u e b r i k shcopy (600) 5425. SEC. 14. It shall be the duty of the clerk of resolution, of such board of supervisors to publish without delay, once in each week until the first day of the next May, in a newspa- per published and circulating in such county, to be desig- nated by the board, a copy of the preamble and resolution LAWS RELATING TO ELECTIONS. 197 adopted by the board, as provided by section thirteen of this act: Provided, That if such proposition shall have been Proviso, decided in the negative, such publication shall not be required. The said clerk shall also, without delay, forward to the sec- cierkto retary of state a certified transcript of such resolution and secretary of of so much of the journal of the proceedings of the board of jJJfVof'reso supervisors as pertains to such election, including the tabular iution, etc.' statement of votes, together with a copy of the affidavit of publication of the notice of the adoption of the resolution. Such original affidavit of publication shall be filed with the clerk of the board of supervisors, and he shall spread the same on the records of the board, following the record of the adoption of the resolution of prohibition, and the said clerk shall state next on the record the date when said notice and affidavit of publication was entered for record, and shall then sign the record officially. The record of such resolution of Record prohibition and the publication of notice, and all duly certi- fied copies thereof, shall be the evidence of the facts therein stated so far as relates to the territory and municipalities within the limits of said county; and the regularity of any proceedings prior to the adoption of such resolution by the board of supervisors shall not be open to question on the ex- amination or trial of any person for the violation of any of the provisions of section one of this act. Am. Id. DESIGNATION OF NEWSPAPER: The statute requires a designation by the board when declaring the result. A prior letting of the county print- ing to certain papers is not sufficient. The record of the proceedings is fatally defective if it does not contain such a designation. Mbran v. Co. Treasurer, 97 / 186. TRANSCRIPT : The operation of the law is not made to depend upon the forwarding or filing of this transcript and the failure of the clerk to comply with this provision will not defeat the proceedings. Giddings v. Wells, 99 / 224. AFFIDAVIT OF PUBLICATION : Sufficiency of. People v. Whitney, 105 / 633. RESOLUTION AND PUBLICATION: The adoption of the proper resolu- tion and the publication of a notice of its adoption are the only conditions required to put the law in force. The clerk acts in a ministerial capacity in recording these resolutions, and the will of the electors cannot be thwarted by his failure to properly perform a ministerial duty. People v. Hamilton, 143 / 1. See also People v. Fisch, 164 / 680. (601) 5426. SEC. 15. The prohibitory provisions of this when certain act shall take effect and have full force within such county t P akTe1fecl to of this state on and after the first day of May, immediately following the adoption by the board of supervisors of such county of the resolution ordering such prohibition and upon publication of the notice of the adoption of such resolution: Provided, however, That nothing in this act shall be so con- proviso, s trued as to prohibit the sale of wine for sacramental pur- poses, nor shall anything herein contained prohibit druggists or registered pharmacists from selling or furnishing pure alcohol for medicinal, art, scientific and mechanical purposes, nor prohibit the sale of wine or cider from home-grown fruit in quantities of not less than five gallons, nor shall the provi- sions of this act be construed to prohibit the manufacture of wine or cider, nor shall the provisions of this act be construed 198 STATE OP MICHIGAN. to prohibit the sale at wholesale of wine or cider manu- factured in said county to parties who reside outside of said county. Am. 1899, Act 183; 1903, Act 170. Sections 16. 17, 18 and 19 contain provisions relative to the enforcement of the act, if adopted by the electors. Penalty on certain offi- cers for neg- lect of duty. Compensation of certain officers. When certain officers to make copy of poll list. Secretary of state to pre- pare blank statements, poll books. Duty of attor- ney general to draft blank forms. (602) 5431. SEC. 20. 4ny township, city, or county clerk, member of the board of registration, inspector of elec- tion, supervisor or other officer, who shall refuse or wilfully evade or neglect to perform any of the duties imposed upon him by the provisions of this act, shall, upon conviction thereof, be adjudged guilty of a misdemeanor and shall be punished by a fine not exceeding two hundred dollars, or by imprison- ment in the county jail not exceeding six months, or both, in the discretion of the court. (603) 5432. SEC. 21. The several officers required to render any service by reason of this act shall receive the same compensation allowed by law for other like services and from the same sources, and the fees for publishing the required notices shall be allowed by the board of supervisors and paid by the county. (604) 5433. SEC. 22. It shall be the duty of any town- ship, city or county clerk on the demand of any qualified elector in the county, and on payment or tender to him of the fee herein prescribed, to make out within a reasonable time and at his office deliver to such elector a true and certified copy of the poll list, or poll lists of the last general election held in his township, city or county, on file in his office, for which he shall be entitled to receive at the rate of fifty cents for every one hundred names. (605) 5434. SEC. 23. The secretary of state is hereby required to prepare all suitable blank statements and poll books to be used at elections held under this act, and to fur- nish the same in sufficient numbers upon application to each county clerk, whenever they shall be needed in the county. And it shall be the duty of such county clerk, whenever such election is to be held in the county, to make requisition upon the secretary of state for a sufficient number of such blank statements and poll books, and at least ten days before such election distribute and deliver the same to the several town- ship and city clerks in the county. (606) 5435. SEC. 24. It shall be the duty of the at- torney general to draft, or cause the same to be done, under his supervision, a complete set of all the blank forms that may be used or required under the provisions of this act ; and it shall be the duty of the secretary of state to publish and distribute a sufficient number of copies of this act in pam- phlet form, with an appendix containing a copy of all such blank forms. Section 25 was added in 1899, Act 183, amended in 1909, Act 107, and re lates to the recording of sales of liquors by druggists. Sections 26 39 comprise the so-called "search and seizure" act, were added by act 107 of 1909 and do not relate directly to elections. LAWS RELATING TO ELECTIONS. 199 HOLIDAYS. An Act to designate the holidays to be observed in the acceptance and payment of bills of exchange and promissory notes, in the holding of courts, and relative to the continuance of suits. [Act 124, L. M. 1865.] The People of the State of Michigan enact: (607) 4880. SECTION 1. The following days, namely: Holidays the first day of January, commonly called New Year's day ; d< the twelfth day of February, commonly called Lincoln's birthday; the twenty-second day of February, commonly called Washington's birthday; the thirtieth day of May, com- monly called Decoration day; the fourth day of July; the first Monday of September, commonly called Labor day; the twenty-fifth day of December, commonly called Christmas day; every Saturday from twelve o'clock noon until twelve o'clock at night, which is hereby designated a half holiday; all national, state, county or city election days, and any day appointed or recommended by the governor of this state, or the president of the United States as a day of fasting and prayer or thanksgiving, shall, for all purposes whatever as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dishonor of bills of exchange, bank checks and promissory notes, made after this act shall take effect, also for the holding of courts, except as hereinafter provided, be treated and considered as the first day of the week, commonly called Sunday, and as pub- lic holidays or half holidays; and all such bills, checks and notes otherwise presentable for acceptance or payment on any of the said days shall be deemed to be payable and pre- sentable for acceptance or payment on the secular or busi- nes day next succeeding such holiday or half holiday : Pro- Proviso, vided, That in construing this section, every Saturday un- Saturda> y s - less a whole holiday, as aforesaid, shall for the holding of court and the transaction of any business authorized by the laws of this state be deemed a secular or business day : Pro- Proviso as to vided also, That in case the return or adjourn day in any smts * suit, matter or hearing before any court, officer, referee or arbitrators shall come on any of the days first above named except Sunday, such suit, matter or proceeding, commenced or adjourned as aforesaid, shall not, by reason of coming on any of such days except Sunday, abate, but the same shall stand continued on the next succeeding day, at the same time and place unless the next day be the first day of the week, or a holiday, in which case the same shall stand con- tinued to the next day succeeding said first day of the week or holiday, at the same time and place: Provided further, proviso as to That whenever the first day of the general term of any cir- circuit courts - cuit court, as fixed by the order of a circuit judge shall fall 200 STATE OF MICHIGAN. Further proviso, legal process. upon either of the days first above named or whenever any circuit court shall be adjourned to any of the days first above named, such court may be adjourned to the next succeeding secular day: Provided further, That nothing herein con- tained shall be construed to prevent or invalidate the entry, issuance, service or execution of any wlrit, summons or con- fession of judgment or other legal process whatever, holding courts or the transaction of any lawful business except bank- ing on any of the Saturday afternoons herein designated as half holidays, nor to prevent any bank from keeping its doors open or transacting its business on any of the said Saturday afternoons, if by a vote of its directors it elects to do so. When holi- day falls up- on Sunday. Proviso, as to checks, etc Am. 1903, Act 254 ; 1905, Act 35 ; 1909, Act 246. The use of the words "any day" instead of "the day," shows that the intent of the legislature was not to limit the holidays to the general Thanks- giving day, but to all days designated as days of "fasting and prayer or thanksgiving." People v. Ackerman, 50 / 590. (608) 4881. SEC. 2. Whenever the first day of Janu- ary, the twelfth day of February, the twenty-second day of February, the thirtieth day of May, the fourth day of July or the twenty-fifth day of December shall fall upon Sunday, the next Monday following shall be deemed a public holiday for any or all of the purposes aforesaid : Provided, however, That in such cases all bills of exchange, checks and promis- sory notes made after the passage of this act which would otherwise be presentable for acceptance or payment on said Monday shall be deemed to be presentable for acceptance or payment on the secular business day next succeeding such holiday. Added 1893, Act 185; Am. 1909, Act 246. Columbus day declared holiday. Proviso, commercial paper, etc. An Act designating the twelfth day of October of each year as a pub- lic holiday, to be known as "Columbus day." [Act 258, P. A. 1909.] The People of the State of Michigan enact: (609) SECTION 1. The twelfth day of October of the year nineteen hundred nine, and the twelfth day of October of each year thereafter is hereby declared a public holiday to be known as "Columbus day" and the same shall be recog- nized, classed and treated as other legal holidays under the laws of this state: Provided, That this act shall not be con- strued to affect commercial paper, the making or execution of agreements or instruments in writing, or interfere with judicial proceedings. LAWS RELATING TO ELECTIONS. 201 CHAPTER XIV. PRIMARY ELECTION LAW. An Act relative to the nomination of party candidates for public office and delegates to political conventions, to regulate primary elections and to prescribe penalties for violations of its provisions, and to provide for the printing upon election ballots of the names of candidates nominated under the terms of this act, and to repeal act number four of the public acts of the extra session of the year nineteen hundred seven, and all local primary election acts contra- vening the provisions of this act, except as in this act otherwise provided. [Act 281 of 1909.] The People of the State of Michigan enact: (610) SECTION 1. Whenever any primary election shall when be held in this state or in any city, county or district in this noSated by state, pursuant to the provisions of this act, the nomination direct vote. of candidates for the offices herein named, by each political party, shall be made by direct vote of the enrolled voters of such political party in the state or in any district, county, or city in this state, as the case may be, in the manner hereinafter provided. See Bradley v. Bd. of State Canvassers, 154 / 274 ; Line v. Election Com'rs, 154 / 329. (611) SEC. 2. All primary elections shall, except as primary herein otherwise provided, be conducted and regulated as governed h w near as may be in every particular as prescribed by law for the regulation and conduct of general elections. The provi- provisions sions of the general election law shall apply to primary elec- a PP licable - tions with respect to the giving of notices of enrollment and election, in fixing places for holding such elections, providing the ballot boxes with the necessary equipment and supplies, in giving notice of meetings of boards of canvassers, in can- vassing and certifying the result of the primary election and in giving notice of primary elections except as the contrary may be herein expressed, and all officers required to perform similar duties under the general election law shall be required to perform such duties under this act, with like power and compensation. All expenses of primary elections shall be de- Expenses, frayed from the same funds from which are defrayed the ex- how defrayed, penses of an election. Am. 1911, Act 279. (612) SEC. 3. The words "primary" or "primary elec- "Primary," tion," as used in this act, shall be construed to mean an elec- term defined. tion for the purpose of deciding by ballot who shall be the nominees of political parties for the offices named in this act or for the election by ballot of delegates to political con- ventions. The words "qualified elector" shall be construed to 202 STATE OF MICHIGAN. who may mean an elector who is qualified under the general election law, to vote for a member of the legislature in this state. (613) SEC. 4. No person shall be permitted to vote at any primary election held in this state, unless he shall have been enrolled in the manner herein provided as a member of a political party. The voters in the various political parties shall be afforded an opportunity to become enrolled voters of the particular political party with which they are affiliated on the first Monday of April preceding the August primary election and on the last Saturday in January of each year: Provided, however, That any qualified elector may become en- rolled and be eligible to vote at any primary election if he shall deliver to the city or township clerk or other officer in charge of the enrollment book a written request for said en- rollment accompanied by an affidavit setting forth that he is a qualified elector of said township, ward or precinct, and that it is bonafide his intention to affiliate with the political party in which he seeks to enroll: Provided, however, That no enrollment by notice and affidavit shall entitle any elector to vote at any primary that shall occur within two months ^ rom ^ ne date ^ sa ^ enrollment. It shall be necessary for all electors to become enrolled under authority of this act and no elector shall be deemed a qualified enrolled elector who has been enrolled under any prior act subsequent to the date this act takes effect. Proviso, en- affid'avit by proviso. Enrollment session of. Am. 1911, Act 279. Enrollment (614) SEC. 5. The various boards of election inspectors provided for by the provisions of the general election or other law shall constitute an enrollment board. The said enroll- ment boards shall be in session in every voting precinct in this state on the day prescribed in this act and during the same hours that the polls are required to be open at a gen- eral election. Notice of the time when and the place where said boards shall be in session shall be given in the same manner that notices of meetings of boards of registration are given. An extra clerk may be employed by said board to act as enrolling clerk on enrollment day. (615) SEC. 6. The enrollment herein provided for shall be fo o . ma( j e | n a su itable book in which the names shall be enrolled in alphabetical order. Such books shall be furnished by the secretary of state to the county clerk and by him delivered to said enrollment boards, at the same time and in the same manner as is now provided by law for the delivery of blanks for use at general elections, and shall be prepared substan- tially in form as f ollowfe : Party enrollment of voters in .................... county .................... city .................... precinct ............... ward .................... township LAWS RELATING TO ELECTIONS. 203 Date. Enrolled No. Name. Residence. Street No. Party Affiliation. Remarks. Said enrollment book shall also contain blank form of cer- tificates to be used by the enrollment board in making its re- turn of such enrollment in the manner herein provided. It correction shall be the duty of the secretary of state to prepare and for- blanks - ward to each voting precinct in this state, blank leaflets upon which the enrolling clerk can indicate the necessary correc- tions in any party enrollment heretofore taken, or which may hereafter be taken, one copy of Which shall be forwarded by the enrollment clerk to the county clerk and one copy to the secretary of state. It shall be the duty of the enrollment board Enrollment to write the name of the political party or organization given duty of. by a person making application for enrollment and ditto marks shall not be used to indicate any voter's political affilia- tion. Any enrollment board or the members thereof failing to hold an enrollment and afford to the voters an opportunity to become enrolled shall upon conviction thereof be deemed guilty of a misdemeanor and shall be subject to the penalties prescribed in this act. Am. 1911, Act 279. (616) SEC. 7. The legal custodian of the general registra- tion book of each election precinct, shall be custodian of the custody of! party enrollment book provided for herein. Such custodian shall, within ten days after any party enrollment, or correc- tion of the enrollment book, forward under seal to the county clerk of his county and to the secretary of state, on blanks therefor to be furnished by the secretary of state, one copy of the party enrollment, or the corrections and additions made in the enrollment book of each election precinct, to each of which copies he shall attach his certificate that the same is a true and correct copy of the party enrollment or of the corrections and additions to the same. (617) SEC. 8. On the date named herein for the enrollment Review of f i it 11 , i i i 11 t enrollment of voters, the various enrollment boards shall review the en- book. rollment book and correct the same in the same manner as corrections are made in the registration book for said precinct provided for under the provisions of the gen- eral election law. The custodian of said enrollment book shall deliver the same to the board of enrollment for the purposes of review and correction as herein pro- vided. The said enrollment board shall enroll all qual- Enrollment ified electors Who make personal application for and are entitled to enrollment as members of any political party. Whenever any qualified elector shall apply for enrollment 204 STATE OP MICHIGAN. but shall neglect or refuse to give the name of his party or if he has none, he shall not be enrolled. Whenever a qualified elector is entitled to enrollment, he shall be enrolled by the said board as a member of the particular political party which he names. Duty of chairman. Enrollment on primary day. Change of residence. Proviso. Change of party affiliation. Am. 1911, Act 279. (618) SEC. 9. At the close of enrollment on enrollment day, it shall be the duty of the chairman of the board having in charge the party enrollment in any election precinct, to cause two black lines to be drawn across the page under the last name enrolled under each alphabetical letter in the party enrollment book, and shall cause to be written between said lines the words, "Last name enrolled under this letter the day of 19. .," filling in the date of said enrollment. (619) SEC. 10. Any qualified elector in any election pre- cinct in this state, who failed to have his name enrolled on enrollment day by reason of sickness or unavoidable absence from the election precinct, and who is a qualified elector in said precinct on primary election day or any person who may have become twenty-one years of age or a qualified elector after enrollment day, may have his name enrolled by the board of primary election inspectors on any primary election day upon making oath as provided in the general election law, relative to the registration of electors on election days; or any person who was duly enrolled in the manner herein provided but w T ho has changed his residence to any election precinct, other than that in which he was enrolled, may be enrolled in the new election precinct and may vote therein : Provided, That he has resided in the election precinct in wjhich he seeks to be enrolled for a period of twenty days and that he obtained from a member of the enrollment board of the election precinct in which he formerly resided, a certifi- cate stating that he was duly enrolled in such precinct, and that he is entitled to enrollment in the new precinct, which certificate shall contain all the data set forth in the enroll- ment book; or that he satisfy the said enrollment board of primary election inspectors, upon making oath to such fact as provided in the general election law relative to the regis- tration of electors on election day, of the existence of such facts. (620) SEC. 11. Whenever an enrolled voter has changed his party affiliation and desires to be enrolled as a member of another political party, he may personally make applica- tion only on enrollment day for re-enrollment to the enroll- ment board, and said board shall thereupon re-enroll the name of said enrolled voter, and at the same time draw a pen mark through the name of said enrolled voter as previously enrolled and opposite said name as previously enrolled, shall write the word "re-enrolled" and the date of said enrollment. LAWS RELATING TO ELECTIONS. 205 (621) SEC. 12. The question of the nomination of party Party candidates for city offices, in cities having a population of less fo r m c \ty tio Than seventy thousand, may be submitted or resubmitted to fflces - the qualified electors of such city upon petition therefor signed by a number of voters of such city, which number shall constitute not less than twenty per centum of the total num- ber of votes cast in such city for secretary of state at the last preceding November election. Such proposition may be submitted or resubmitted at any primary election: Pro- Proviso. vided, That a resubmission in any city shall not take place within two years after such question has been decided either affirmatively or negatively by a majority of the qualified voters of such city voting on such proposition. Am. 1911, Act 279. (622) SEC. 13. The petition referred to in the preceding Petition, section relative to city offices in cities having a population of drSsed ad ~ less than seventy thousand, shall be addressed to the city clerk and shall be delivered to said city clerk at least thirty days before the date of the election on which the proposition is to be voted upon by the voters of said city. Am. Id. (623) SEC. 14. The said petition shall be substantially Form of. in the following form : We, the undersigned, voters of the city of respectfully petition that the question of direct nomination of party candidates for shall be submitted (or resubmitted) to the qualified electors of said city on the (Signed) Am. Id. (624) SEC. 15. The said city clerk shall examine said qty clerk to petition and if it is found that a sufficient number of voters & have signed said petition, he shall give notice as near as pos- sible in the manner now provided by law for giving notice of general elections in this state, that at an election to be held pursuant to the provisions of this act (giving the date), the proposition will be submitted or resubmitted to the qual- ified electors of said city, referred to in such petition or peti- tions whether the nomination of party candidates for the offices named in said petition or petitions shall thereafter be made in such city by direct vote, and the proper board of election commissioners under the general election law shall cause to be printed on the ballot to be used at such primary Mot, form election, in substance, the following words : Instruction : Make a cross in the square to the left of the words "Yes" or "No" on each proposition submitted. 206 STATE OP MICHIGAN. Canvass. Primary election system for the nomination of candidates for offices. ( ) Yes. ( ) No. The color of the ballots shall be the same as is prescribed by law for ballots for a general election. The size and form of the ballots other than as herein directed, shall be pre- scribed by the said board of election commissioners. The votes cast at such election shall be canvassed, and returns* thereof made in like manner as is provided for the canvassing of votes and the making of returns of any general election circuit judges, in such county or city by the terms of existing law. All can- didates for circuit judge shall be selected in accordance with the provisions of this act: Provided, That all duties imposed upon city or county clerks shall in the case of judicial dis- tricts composed of more than one county be performed by the secretary of state. The provisions of this act relative to the nomination of candidates for district offices are as far as pos- sible made applicable to the election of candidates for circuit judge. The primary election for the election of candidates for circuit judge shall be held on the first Wednesday in March prior to the election. The vote cast for candidates in judicial districts shall be counted and canvassed in the same manner as the vote cast on the election of circuit judge. Proviso. Primaries, when held. Canvass. August primary. Proviso. March primary. Proviso, cities. Am. Id. (625) SEC. 16. A general primary election for all political parties shall be held in every election precinct in this state on the last Tuesday in August preceding every general Novem- ber election, at which time the enrolled voters of each political party shall vote for party candidates for the office of governor, lieutenant governor and United States senator: Provided, That no nomination for the office of United States senator shall be made, unless such official is to be elected at the next session of the legislature. A general primary election for all political parties shall also be held on the first Wednesday in March prior to the spring election at Which time the en- rolled voters of each political party shall vote for candidates for county offices filled at the spring election; for candidates for circuit judge and for candidates for city offices in cities in Which the provisions of this act are applicable: Provided, That in those cities in which the provisions of this act are applicable and in which city officers are elected at a time other than the general November election or the spring election, the primary election in such city -shall be held on the third Tues- day prior to the charter election and all of the provisions of this act shall be made applicable thereto. Whenever a reg- ular or special primary election is required by the provisions of this act to be held in any county or district it shall be held in every portion thereof regardless of whether there are any candidates for any city offices to be nominated at such LAWS RELATING TO ELECTIONS. 207 regular or special primary election: Provided, That the pro- Proviso, visions of this act shall not apply to any city which may foSi m if io have or which may hereafter adopt a commission form of government. government or in which city officers are elected on a non-par- tisan ballot, except as the charter of such city may make the provisions hereof applicable. Whenever a special election special shall be called to fill any vacancy in any office, the candidates eieSS)? for which are regularly nominated in accordance with the provisions of this act, a special primary election for all po- litical parties shall be held in the city, county or district in which such vacancy occurs, on the tenth day prior to the date of such special election. When in any case the tenth day prior to such special election shall fall on Sunday or a legal holiday, such primary election shall be held on the day prior thereto. In the case of a special primary election, it shall be the duty of the proper board of election commissioners to prepare the necessary number of ballots for every political party par- ticipating in the last preceding regular primary election. The provisions of this act, relative to the printing, distribu- Ballots, tion, etc., of primary election ballots shall be applicable to the ballots prepared for use at a special primary election. The ballots shall be prepared in such manner that the voters of each political party may write, print or paste the name of a candidate thereon. The name of a candidate shall not be printed upon any ballots prepared for use at a special primary election. The provisions of this act shall be ap- plicable in all particulars to special primary elections except as the contrary is indicated in this section : Provided, That proviso, it shall be unlawful for any person directly or indirectly ' at any regular or special primary election to distribute slips or pasters, or electioneer or induce or attempt to induce any person to vote or refrain from voting in a particular way, within any polling place or within one hundred feet thereof. It shall be lawful to call a special election for the submission of any proposition on any regular or special primary election day. Am. Id. (626) SEC. 17. In every congressional district in this state Congressmen, there shall be nominated at the said August primary election, JJ mi) by direct vote of the enrolled voters of each political party within such district, a party candidate for representative in congress. In every senatorial district in this >state there shall state be nominated at the said primary election, by direct vote of s< the enrolled voters of each political party within such dis- trict, a party candidate for state senator. In every repre- state repre- sentative district in this state there shall be nominated at se the said primary election, by direct vote of the enrolled voters of each political party within such district, a party candi- date or candidates as the case may be, for representative in the state legislature. In every county in this state there shall be nominated at the said primary election by direct vote 208 STATE OF MICHIGAN. of the enrolled voters of each political party within such county, party candidates for county offices to be voted for aty officers, at the November election following. In every city of the state having a population of seventy thousand or more, there shall be nominated at said August primary election or on the first Wednesday in March preceding any April election, whenever a city or county election in said city or county is held in April, by direct vote of the enrolled voters of each political party within such city or county party candidates for ward, city or county offices. In any city in this state having a population of less than seventy thousand in wihich the voters have decided in accordance with the provisions of this act, in favor of direct nominations of party candidates for city offices, when such offices are to be voted for at the November election following, there shall be nominated at the said pri- mary election by direct vote of the enrolled voters of each political party within such city, party candidates for city where offices offices. In those instances in which the duties of two offices combined. are combined, all nomination petitions shall include and name the two offices. Am. Id. See Dykstra v. Holden, 151/289. Delegates to county convention. Apportion- ment of. Name not to be printed. (627) SEC. 18. There shall also be elected at the August primary, by direct vote of the enrolled voters of each politi- cal party in said county, as many delegates in each township, ward or precinct, as the case may be, as such political party in such township, ward or precinct shall be entitled to by the call issued by the county committee of such political party for the county convention thereafter to be held by such politi- cal party within said county in that year for the purpose of electing delegates to the state convention called for the pur- pose of nominating candidates for state offilces, to be voted for at the November election. In case of any vacancy in any delegation from any election precinct, township or ward, to the county convention, such vacancy shall be filled by the dele- gates present from the ward or township in which the vacancy occurs. The state central committee of each political party shall, at least thirty days before the August primary herein provided for, certify to the board of election commissioners of each county and to the chairman of the county committee of such party, the number of delegates to Which suclucounty shall be entitled in the state convention of such party, and the said state central committee shall apportion such dele- gates to the several counties in proportion and according to the number of votes cast for the candidates of such party for secretary of state in each of said counties respectively at the last preceding November election. The name of any candidate for delegate to the county convention shall not be printed upon the official primary election ballot, but one or more of such names may be placed on such ballot by printed LAWS RELATING TO ELECTIONS. 209 slips pasted thereon by the voter. The county committee selection by shall in its call indicate whether delegates are to be selected P recincts etc - by precincts or by wards. In cities in which there are no wards the delegates to which such cities are entitled shall be elected from the entire city. The chairman of the township, ward or city committee as the cas*e may be, shall notify by mail each person elected as a delegate to the county conven- tion : Provided, That when a primary election is not held Proviso, prior to the spring election delegates to the county convention convention - shall be selected in a convention. Am. Id. (628) SEC. 19. It shall be the duty of the board of elec- Ballots, who tion commissioners of each county in this state to prepare and e tc prepare> furnish the necessary official primary election ballots except for city offices which may be required for use by any political party at the August primary. Such ballots shall contain the name of the political party for which they are used, the voting precinct, city or township and county and the instruc- tions as to the method of voting. Said ballots shall be printed Colors, on different colored paper for each political party, but no party ballot shall be printed on yellow paper. Ballots for the Republican party shall be printed in black ink upon a good quality of white paper. Ballots for the -Democratic party shall be printed in black ink upon a good quality of blue paper. Ballots for the Prohibition party shall be printed in black ink upon a good quality of red paper, and if there are other political parties, the board of election commission- ers shall print ballots therefor in black ink upon a good qual- ity of a different colored paper from that as . above desig- nated. Ballots other than those furnished by the board of election commissioners, according to the provisions of this act, shall not be used, cast or counted in any election precinct, at any such primary election. The size of all official ballots shall be such as the said board of election commissioners shall prescribe. It shall not be lawful for the printer of such printing, ballots or any other person to give, or deliver to, or know- and very ingly permit to be taken, any of said ballots by any person correctness. other than the board of election commissioners for which such ballots are being printed, or to print or cause or permit to be printed any ballot in any other form than the one pre- scribed by this act, or with any other name thereon, or with the names misspelled, or the names or devices thereon ar- ranged in any other way than*that authorized and directed by the said board of election commissioners : Provided, That p ro \iso, it shall and nxay be lawful for the chairmen of committees, and candidates named on the official ballot to procure any number of facsimiles of the ticket to be printed on yellow paper and to circulate the same for the purpose of the instruc- tion of voters; and said colored ballot to have printed at the head the words ''Instruction Primary Ballot" : Provided further, That blank ballots shall be prepared for the use & ank baiiots. 27 210 STATE OF MICHIGAN. of the voters of any political party or organization which had a ticket in the field at the last preceding November or spring election, regardless of whether any candidate of any such political party or organization has filed nomination petitions. Am. Id. See Line v. Bd. of Election Com'rs, 154 / 329. Names in- cluded on ballot. County chairman, duty of. Election commis- sioners, duty of. Separate ballot. (629) SEC. 20. The said ballots so prepared by the board of election commissioners in each county shall include the names of all candidates for the particular political party for the offices of governor, lieutenant governor and United States senator, and shall include the names of all candidates for district offices, and in each county the names of all can- didates for county offices. No candidate shall have his name printed upon any official primary election ballot of any political party in any voting precinct in this state, unless he shall file nomination petitions according to the provisions of this act and all other requirements of this act have been complied with in his behalf. The said ballots shall also con- tain as many lines as there are delegates to be elected to the county convention by the particular political party. Such lines, upon which may be placed the names of proposed dele- gates to the county convention, shall be printed under the title "Delegates to county conventions" and no ballot for a delegate to a county convention of any political party shall be counted unless prepared and voted under authority of this act. Am. Id. (630) SEC. 21. The chairman of the county committee of each political party shall certify to the board of election commissioners at least twenty-five days before the holding of such primary election, the number of delegates to which each election district of said county will be entitled at the county convention of said political party to be held in said county in said year for the purpose of electing delegates to a state con- vention called for the purpose of nominating party candi- dates for state offices. It shall be the duty of the board of election commissioners of any city having a population of seventy thousand or more, or of any city having a population of less than seventy thousand, in which the voters have adopted the provisions of this act, to prepare the necessary election ballots for use of the enrolled voters of such city. The said city board of election commissioners shall be gov- erned by the same rules as are prescribed for the prepara- tion of ballots by the board of election commissioners of the county. The ballots so prepared by the board of election commissioners of any city shall be separate from any other ballot. Am. Id. LAWS RELATING TO ELECTIONS. 211 (631) SEC. 22. The number of ballots to be printed for Ballots, the use of a political party at a primary election in any elec- tion precinct shall be at least fifty per centum more than the total number of votes cast therein at the last preceding elec- tion by such political party for secretary of state: Provided, proviso, That the number of official primary election ballots which new P art y- shall be prepared for any new party shall be such number as the chairman and secretary of the city, county, district or state committee of such new party shall certify to the respective boards of election commissioners shall be neces- sary for use at said primary election : Provided further, Further That unless ballots are required for new parties in the man- pro ner herein provided, it shall be unnecessary for any board of election commissioners to prepare ballots for any such new political party even though there may be candidates who have filed nomination petitions. The official primary election ballots shall be on file at the office of the county clerk, or city clerk, as the case may be, for public inspection at least three days prior to distribution for use at the primary election. (632) SEC. 23. It shall be the duty of the secretary of Pamphlet state to cause to be printed pamphlet copies of this act and fo P be S p^n a ted, to furnish to the county clerk of each county and to the city etc - clerk of any city nominating under the provisions of this act, a sufficient number of copies thereof to enable said clerks to furnish at least two copies to each board of primary election inspectors in the particular city or county at the same time that other supplies for an election are furnished. (633) SEC. 24. The official primary election ballots shall be prepared in the following manner : There shall be printed at che top of the ballot in large type the words "Official Pri- mary Ballot." Underneath shall be printed the date of the election at which the ballot is to be used, followed, when nec- essary, by the designation of the political subdivision, as county, district, city, ward, etc. Then shall follow, in bold- faced type, the name of the political party, below which shall appear this instruction : Make a cross in the square to the left of as many names for each office as are indicated under the title of such office. The ballots for such election dis- Numbering. trict shall be numbered consecutively, as provided for the numbering of ballots by the general election law. All names Names, how of candidates of each political party shall be printed on a pl separate ballot, and said ballot shall be in one or more col- umns, as may be determined by the election commissioners in making up the same. The order of the offices on the ballot shall be the same, as far as may be, as is required by law in making up the ballot for a general election. The title of the office shall be immediately above the names of the candidate or candidates for such office, and under such title the words "Vote for," followed by the word "one," "two," or a word designating the number of candidates under that head to be voted for. The names of the different candidates shall be separated from each other by a light faced rule, with a square 212 STATE OF MICHIGAN. Printing'of names, alternating of, etc. at the left of the names, and the spaces devoted to the several offices shall be separated by a black faced rule so as to sepa- rate each, office division clearly. If two or more columns are used on a ballot, the columns shall be separated by a black line one-sixth of an inch wide. The names under head- ing designating each official position shall be alternated on the ballots of each party caisting at least five per centum of the vote cast in the county or political subdivision at the preceding November election, and printed in the following manner : First, The forms shall be set up with the names of such candidates arranged alphabetically, in order according to surnames. In printing each set of tickets for the several elec- tion precincts, the positions of the names shall be changed in each office division, as many times as there are candidates in the office division in which there are the most names. As nearly as possible an equal number of tickets shall be printed after each change. In making the changes of position, the printers shall take the line of type at the head of each office division and place it at the bottom of the division, and shove up the column so that the name that before was second shall be first after the change. After the ballots are printed, and before being trimmed, they shall be kept in separate piles, the one pile for each change of position, and shall then be piled by taking one from each pile and placing it upon the pile to be trimmed, the intention being that every alternate ballot in such pile shall have the names in a different posi- tion. After the pile is made in this manner, the ballots, shall be numbered consecutively on the upper right hand corner upon the front of the ballot, with a perforated line across said corner, underneath the same number, so that the corner with the number can be torn off. After that the ballots shall be trimmed and done up in seal [sealed] packages and dis- tributed for use at the primary election the same as is re- quired by law for the distribution of ballots at the general election. The ballots shall be prepared in substantially the following form : How num- bered, etc. Form. LAWS RELATING TO ELECTIONS. 213 No. OFFICIAL PRIMARY BALLOT. Primary Election Party. Make a cross in the square [x] in front of as many names for each office as is indicated under the title of such office. NATIONAL. Representatives in State Legisla- United States Senator. Vote for one. ture. District. Vote for one. n/"\TTi7"i7ixr "n/vr A ~\r n JAMES H. FLYNN. OWH/-M JJULAJN. 1 I nT?~T&T7ir A "RTk r i T~R~RnXTQ! D GEORGE J. GLASIER. JbJJWAxvJJ brlr>15UJN fe. nT>Tr>TT * T yv TTTT^ TTT^Q PI FRANK H. RILEY. xvlOrlAKJJ JiLUljrxlJl/fe. ' cm ATT? COUNTY. >0 JL^A.J.A1/. Judge of Probate. Governor. Vote for one. Vote for one. [j FRANK CAMPBELL. Q] RICHARD ROE. Q CHARLES SCULLEN. Q JOHN ROSWELL. Q HENRY J. WILKINSON. Q] EDWARD H. SMITH. Circuit Court Commissioners. CONGRESSIONAL. Vote for two. D/~ir TTT'T^f~\T>~r\ TJTGTT/\T> Representative in Congress. District OLiJb r 01x1) JaltoidUJr. Vote for one. Q CLIFFORD CROSTIC. Q] WILLIAM DUNNING. Q HENRY ROACH. Q JAMES MARA. Q HARRY SELSBEE. Q THOMAS J. WAGNER, Q ORR C. TRASK. LEGISLATIVE. Q CHARLES WHITE. State Senator. District. Delegates to county convention. Vote for Vote for one Q WILLIAM BROWN. Q CASPER DUNN. r~| MICHAEL J. MURRAY. 214 STATE OF MICHIGAN. Signatures required for certain officers. District officers. Proviso. County officers. (634) SEC. 25. To obtain the printing of the name of any candidate of any political party for United States senator or for governor or lieutenant governor upon the official ballots of such political party for any primary election held in this state, pursuant to the provisions of this act, there shall be filed with the secretary of state nomination petitions, signed by a number of enrolled voters residing in the state and who are enrolled in the party enrollment of said party, equal to not less than two per centum nor more than four per centum of the number of votes that such party cast for secre- tary of state at the last preceding November election. (635) SEC. 26. To obtain the printing of the name of any candidate of any political party for any district office upon the primary election ballots of such political party in the various voting precincts of the district when such district is comprised of one county or less, there shall be filed with the county clerk of such county, nomination petitions, signed by a number of enrolled voters who are enrolled in the party enrollment of said party in said district for secretary of state at the last preceding November election and in the case of a district office, in a district comprising more than one county, to obtain the printing of the name of any candi- date of any political party upon the primary election bal- lots of such political party in the various voting precincts of said district, there shall be filed with the secretary of state, nomination petitions, signed by a number of the enrolled voters residing in such district and who are enrolled in the party enrollment of said party, equal to not less than two per centum nor more than four per centum of the num- ber of votes that the party cast therein for secretary of state at the last preceding November election: Provided, That when there are two or more candidates for representative in the state legislature to be nominated by each political party in a single representative district, to obtain the printing of the name of any candidate of any political party upon the primary election ballots of such political party in the various voting precincts of such district, there shall be filed with the county clerk of the county of which such district forms a part, nomination petitions signed by a number of enrolled voters residing in such district and who are enrolled in the party enrollment of said party, equal to not less than one per centum nor more 'than four per centum of the number of votes that the party cast in such district for secretary of state at the last preceding November election, divided by the number of representatives to which such district is entitled in the state legislature. (636) SEC. 27. To obtain the printing of the name of any candidate of any political party for a county office upon the official primary election ballots of such political party in the various voting precincts of a county, there shall be filed with the county clerk of said county nomination petitions signed by a number of enrolled voters, who are enrolled in LAWS RELATING TO ELECTIONS. 215 the party enrollment of said party and who reside in the county, equal to not less than two per centum nor more than four per centum of the number of votes that such political party cast in such county for secretary of state at the last pre- ceding November election. To obtain the printing of the aty officers, name of any candidate of any political party for a city office including all ward offices on the official primary election ballots for use in such city, there shall be filed with the city clerk of such city such nomination petitions signed by a number of enrolled voters of such political party and who reside in such city, equal to not less than two per centum nor more than four per centum of the^number of votes that such political party cast therein for secretary of state at the last preceding November election. All said nomination pe- Petitions, titions may be signed by enrolled voters of the particular JgS. may political party residing in any part of a ward for a ward office, in any part of a city for a general city office, or any part of a county for a county office, or any part of a district for a dis- trict office, or any part of the istate for a state office : Pro- Proviso, vided, That in cities or counties of two hundred fifty thou- Bo sand population or more, in lieu of the above petition, a pe- tition therefor, signed by the candidate, which shall state the name of the candidate, his residence, street, house number and the political party of which he is a member and the offi'ce sought, shall be filed with the clerk of the county or city where said candidate resides, as herein provided. Such candidate shall at the time pay to the clerk of the city or county, as the case may be, a erson, to post, pay for posting, or cause to be posted upon or in any building, or upon any tree, post, fence, bill board, tele- graph or telephone pole, vehicle or other object within the territory where he is a candidate, any campaign card, banner, hand bill, poster, lithograph, half-tone engraving, photograph or other likeness of himself, or other advertising matter used, or intended for the purpose of advertising or advancing his candidacy for office. (657) SEC. 48. It shall be unlawful for any person, after idem, he has declared himself a candidate for any office included in the provisions of this act or filed his primary petition there- for as herein provided, and before the close of the polls on primary day, for the purpose of promoting his candidacy therefor, or for use in his campaign for such office, directly or indirectly, to print or cause to be printed, pay or cause to be paid for printing, circulate or distribute, or cause to be circulated or distributed, any campaign cards, hand bill, banner, poster or other advertising matter larger than two and one-fourth inches in width by four inches in length, ex- Pos ^ 1 cept postal cards and letters, or which contains any litho- c graph, half-tone engraving, photograph or other likeness of himself, which likeness is larger than one and one-half inches in width by two inches in height, excepting advertisements in newspapers as hereinafter provided, or to publish or cause to be published, pay for publishing, or cause to be paid for publishing, any printed matter whatsoever, or any lithograph, half-tone engraving or other likeness of himself, or any other political advertisement of any kind or nature whatsoever which is intended, published or manufactured for the pur- pose of promoting or advancing his candidacy for such office, or influencing voters relative to his said candidacy in or upon any magazine, program, bill of fare, ticket for any ball or other entertainment, or upon or in any other substance or publication whatsoever, except in a daily, weekly or monthly newspaper which has been regularly and bona fide published and circulated for at least three months before such advertise- ment is to be inserted therein. It shall be unlawful for any other person to do or perform for or on behalf of any such 228 STATE OF MICHIGAN. candidate' or to help or injure the candidacy of any candi- date, any of the acts or things which it is by this act made unlawful for such candidate to do. Money, etc., (658) SEC. 49. It shall be unlawful for any person to iting of. solicit f rom any candidate for nomination for any office in- cluded in the provisions hereof, any money or other property. The provisions of this section shall not apply to requests for contributions of money by or to an authorized representative of the political party committee of the organization to which such candidate belongs, and shall not apply to any regular business transaction between any such candidate and any other person, which is not intended for or connected with the securing of votes or the influencing of voters in connection with such nomination. Lithograph, (659) SEC. 50. It shall be unlawful for any candidate for to c p'ub?ish wful nomination for any office included in the provisions of this act, or any other person on his behalf, for the purpose of helping his candidacy for such office, directly or indirectly to pay for publishing or cause to be inserted or published in any newspaper any lithograph, half-tone engraving or other like- ness of such candidate larger than one and one-half inches in width by two inches in height or any advertisement in which more than ten per centum of the printed matter is printed in a larger type than the regular type used in print- ing the editorials of such newspaper, excepting therefrom the name of such candidate and the title of the office for which he is a candidate, and no such candidate shall pay for, or, directly or indirectly, cause any advertisement or any likeness of himself to be inserted or published in any such newspaper which charges or demands from him a higher rate therefor than the highest regular rate which such newspaper charges other persons or firms for non-political advertisements for the same space, position and number of insertions, and all candidates shall exercise reasonable diligence to ascertain what such regular advertising rate is before inserting any such advertisement, and if he shall be misinformed as to such rate he shall not be held responsible under the provisions of this act for such illegal publication. It shall be unlawful for any person, firm or corporation or employe thereof, solicit- ing or receiving any such advertisements or printed matter for any such newspaper from any such candidate, to misin- form any such candidate as to such advertising rates. Treating (660) SEC. 51. It shall be unlawful for any candidate unlawful. f or nomination under the provisions of this act, after he has announced himself as a candidate for any office included in this act, or after he has filed his petition to have his name placed upon the primary ballot as herein provided, and before the close of the polls on any primary day, in any store, saloon, hotel, hall or other public building, public street or place within the territory from which he seeks a nomination, di- rectly or indirectly to buy or give to, or cause to be bought for, or given to, any elector residing therein any spirituous, LAWS RELATING TO ELECTIONS. 229 malt, brewed, fermented or other intoxicating liquor or bever- age. It shall be unlawful for any person for or on behalf of any such candidate, or to help or injure the candidacy of any candidate, in any of the places included in this section, to buy for, give to, or cause to be bought for or given to any elector, any of the liquors or beverages included in this section for the purpose of influencing the vote or support of such elector for or against any such candidate, or when it is announced or made known in any way to any such elec- tor before or after such beverage is served that the same are given or served for the purpose of assisting or injuring the candidacy of any candidate, or influencing the action of such elector in relation thereto, it being the intent of this section to prohibit the prevailing custom of treating by candidates for nomination for public office or by any other person on behalf of such candidates. (661) SEC. 52. Any person who shall do or perform any Misdemeanor. act or thing which is by this act made unlawful for him to do, shall be deemed guilty of a misdemeanor, and upon con- penalty, viction thereof shall be punished by a fine not to exceed five hundred dollars or by imprisonment not exceeding six months, or both, in the discretion of the court. (662) SEC. 53. When by this act any act or duty is re- Penalty for quired to be done or performed by or under the direction, ect of supervision or authority of any officer, and such act or duty shall not be done or performed, then the officer who shall neglect to perform such act or duty, or who shall be respon- sible for such neglect, shall be guilty of a misdemeanor and shall be punished as provided in section fifty-five hereof. (663) SEC. 54. No prosecution for any offense mentioned Prosecution, in this act shall be maintained unless it shall be commenced within six months after the date of the primary election in connection with which the offense is alleged to have been com- mitted. Neither the complaining witness, nor any other per- son who may be called to testify in behalf of the people in any such proceeding, shall be liable to criminal prosecution under this act for any offense in respect to which he shall be examined or to which his testimony shall relate, except to prosecution for perjury committed in such testimony. (664) SEC. 55. It shall be the duty of the county clerk Duty of of each county to cause to be printed large cards or posters cl containing verbatim the whole of sections thirty-four and forty-six of this act, and shall furnish two of the same to the board of primary election inspectors of each election precinct in his county at the same time that the official ballots for use at primary elections are delivered, and the board of pri- mary election inspectors shall cause the said posters to be posted in conspicuous places in the polling places so that the same can be plainly seen and read by all persons at any primary election. It shall be the duty of the clerk of any city clerks, city, township or village in which this act is operative to * tc - duty Ol deliver to the board of primary election inspectors of each 230 STATE OP MICHIGAN. Election day, what deemed. election precinct within his jurisdiction, before the time for opening of the polls on primary election day, and on all en- rollment days, the register of electors and the party enroll- ment book, and the blanks for poll lists and returns and any other supplies necessary to carry out the provisions of this act not herein otherwise provided for. (665) SEC. 56. The day on which any primary election shall be held pursuant to the provisions of this act, shall be deemed to be an election day in any city, county or district where such primary election is held within the meaning of section seventeen of act number three hundred thirteen of the public acts of eighteen hundred eighty-seven, entitled "An act to provide for the taxation and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spirituous and intoxicating liquors, and malt, brewed or fermented liquors, and vinous liquors in this state, and to repeal all acts and parts of acts inconsistent with the provisions of this act:" Provided, That such primary elec- tion day shall not be deemed an election day or a holiday for any purpose except as indicated in this section. Am. 1911, Act 279. Acts repealed. (666) SEC. 57. Act number four of the public acts of the extra session of nineteen hundred seven, entitled "An act relative to the nomination of party candidates for public office and delegates to political conventions, to regulate pri- mary elections and to prescribe penalties for violations of its provisions," and all local primary election acts or other acts contravening the provisions of this act are hereby re- pealed. Am. Id. Proviso. APPENDIX. APPENDIX, VISIONS OF THE CONSTITUTION OF THE NITED STATES APPLICABLE TO ELECTIONS IN THE STATES, AND LAWS IN RELATION TO THE NATURALIZATION OF ALIENS. CONSTITUTIONAL PROVISIONS. ARTICLE I. SECTION I. 1. All legislative powers herein granted shall be vested Legislative in a congress of the United States, which shall consist of a power> senate and house of representatives. SECTION II. 1. The house of representatives shall be composed of mem- House of bers chosen every second year by the people of the several [^ e |f n and states, and the electors in each state shall have the qualifica- qualifications tions requisite for electors of the most numerous branch of Ol the state legislature. 2. No person shall be a representative who shall not have of repre- attained to the age of twenty-five years, and been seven years sentatives - a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. 4. When vacancies happen in the representation from any vacancies, state, the executive authority thereof shall issue writs of elec- tion to fill such vacancies. SECTION III. 1. The senate of the United States shall be composed of IgJftJ^ two senators from each state, chosen by the legislature there- tor a vote, of, for six years; and each senator shall have one vote. 3. No person shall be a senator who shall not have at- Qualifications , , ... 1, . . i. of senators. tamed to the age of thirty years, and been nine years a citi- zen of the United States, and who shall not when elected, be an inhabitant of that state for which he shall be chosen. 234 APPENDIX. Elections, how regu- lated. SECTION IV. 1. The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof; but the congress may at any time by law, make or alter such regulations, except as to the places of choosing senators. ARTICLE II. Executive power. Electors of president and vice president, Time of choos- ing electors. Qualifications for president. SECTION I. 1. The executive power shall be vested in a president of the United States of America. He shall hold his office dur- ing the term' of four years, and, together with the vice presi- dent, chosen for the same term, be elected, as follows : 2. Each state shall appoint, in such manner as the legis- lature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in the congress ; but no senator or rep- resentative or person holding an office of trust or profit under the United States shall be appointed an elector. 4. The congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the .same thoughout the United States, 5. No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this con- stitution, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. ARTICLE V. Amending constitution. 1. The congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this consti- tution, or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all in- tents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the congress: Provided, That no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate. APPENDIX. 235 ARTICLE XII. PROPOSED AT THE FIRST SESSION OF THE EIGHTH CONGRESS. 1. The electors shall meet in their respective states, and . Mode of eiect- -.--. ... ... .*, ing president vote by ballot for president and vice president, one of whom, and vice presi- tit least, shall not be an inhabitant of the same state with ulSted states themselves, 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 to the president of the senate; the president of the senate shall in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for president shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as presi- dent, the house of representatives shall choose immediately, by ballot, the president. But, in choosing the president the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall con- sist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a presi- dent whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice president shall act as president, as in the case of the death or other constitutional disability of the president. 2. The person having the greatest number of. votes as vice vice presi- president, shall be the vice president, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest num- bers on the list, the senate shall choose the vice president; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole num- ber shall be necessary to a choice. 3. But no person constitutionally ineligible to the office of Qualification. president shall be eligible to that of vice president of the United States. 236 APPENDIX. ARTICLE XIV. Who are citizens. Immunities of citizens. Apportion- ment of rep- resentatives. Basis of rep- resentation. Conditional prohibition to hold cer- tain offices. PROPOSED AT THE FIRST SESSION OF THE THIRTY-NINTH CONGRESS. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privi- leges or immunities of citizens of the United States ; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for president and vice president of the United States, representatives in congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state. 3. No person shall be a senator or representative in con- gress, or elector of president and vice president, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath as a member of congress, or as an officer of the United States, or as a mem- ber of any state legislature, or as an executive or judicial officer of any state, to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But congress may, by a vote of two-thirds of each house, remove such disability. Right of suffrage. Power of congress. ARTICLE XV. PROPOSED AT THE FIRST SESSION OP THE FORTY-FIRST CONGRESS. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servi- tude. 2. The congress shall have power to enforce this article by appropriate legislation. APPENDIX. 237 NATURALIZATION OF ALIENS. An Act to establish a bureau of immigration and naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States. [Extract from Act of Congress, approved June 29, 1906.] SEC. 3. That exclusive jurisdiction to naturalize aliens as citizens of the United States is hereby conferred upon the following specified courts : United States circuit and district courts now existing, or which may hereafter be established by congress in any state, United States district courts for the territories of Arizona, New Mexico, Oklahoma, Hawaii, and Alaska, the supreme court of the District of Columbia, and the United States courts for the Indian Territory; also all courts of record in any state or territory now existing, or which may hereafter be created, having a seal, a clerk, and jurisdiction in actions at law or equitv, or law and equity, in which the amount in controversy is unlim- ited. That the naturalization jurisdiction of all courts herein specified, state, territorial, and federal, shall extend only to aliens resident within the respective judicial districts of such courts. The courts herein specified shall, upon the requisition of the clerks of such courts, be furnished from time to time by the Bureau of Immigra- tion and Naturalization with such blank forms as may be required in the naturalization of aliens, and all certificates of naturalization shall be consecutively numbered and printed on safety paper furnished by said Bureau. SEC. 4. That an alien may be admitted to become a citizen of the United States in the following manner and not otherwise: First. He shall declare on oath before the clerk of any court author- ized by this act to naturalize aliens, or his authorized deputy, in the district in which such aliea resides, two years at least prior to his ad- mission, and after he has reached the age of eighteen years, that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fiJdelity to any foreign prince, poten- tate, state, or sovereignty, and particularly, by name, to the prince, potentate, state, or sovereignty of which the alien may be at the time a citizen or subject. And such declaration shall set forth the name, age, occupation, personal description, place of birth, last foreign residence and allegiance, the date of arrival, the name of the vessel, if any, in which he came to the United States, and the present place of .residence in the United States of said alien: Provided, however, That no alien who, in conformity with the law in force at the date of his declaration, has declared his intention to become a citizen of the United States shall be required to renew such declaration. Second. Not less than two years nor more than seven years after he has made such declaration of intention he shall make and file, in dupli- cate, a petition in writing, signed by the applicant in his own hand- writing and duly verified, in which petition such applicant shall state his full name, his place of residence (by street and number, if pos- sible), his occupation, and, if possible, the date and place of his birth; 238 APPENDIX. the place from which he emigrated, and the date and place of his arrival in the United States, and, if he entered through a port, the name of the vessel on which he arrived; the time when and the place and name of the court where he declared his intention to become a citizen of the United States; if he is married he shall state the name of his wife and, if possible, the country of her nativity and her place of residence at the time of filing his petition; and if he has children, the name, date, and place of birth and place of residence of each child living at the time of the filing of his petition: Provided, That if he has filed his declaration before the passage of this act he shall not be required to sign the petition in his own handwriting. The petition shall set forth that he is not a disbeliever in or opposed to organized government, or a member of or affiliated with any organiza- tion or body of persons teaching disbelief in or opposed to organized government, a polygamist or believer in the practice of polygamy, and that it is his intention to become a citizen of the United States and to renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly by name to the prince, potentate, state, or sovereignty of which he at the time of filing of his petition may be a citizen or subject, and that it is his intention to reside permanently within the United States, and whether or not he has been denied admission as a citizen of the United States, and, if denied, the ground or grounds of such denial, the court or courts in which such decision was rendered, and that the cause for such denial has since been cured or removed, and every fact material to his naturalization and required to be proved upon the final hearing of his application. The petition shall also be verified by the affidavits of at least two credible witnesses, who are citizens of the United States, and who shall state in their affidavits that they have personally known the applicant to be a resident of the United States for a period of at least five years continuously, and of the state, territory 7 , or district in which the appli- cation is made for a period of at least one year immediately preceding the date of the filing of his petition, and that they each have personal knowledge that the petitioner is a person of good moral character, and that he is in every way qualified, in their opinion, to be admitted as a citizen of the United States. At the time of filing his petition there shall be filed with the clerk of the court a certificate from the Department of Commerce and Labor, if the petitioner arrives in the United States after the passage of this act, stating the date, place, and manner of his arrival in the United States, and the declaration of intention of such petitioner, which cer- tificate and declaration shall be attached to and made a part of said petition. Third. He shall, before he is admitted to citizenship, declare on oath in open court that he will support the constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly by name to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; that he will support and defend the constitution and laws of the United States against all enemies, foreign and domestic, and bear true faith and allegiance to the same. APPENDIX. 239 Fourth. It shall be made to appear to the satisfaction of the court ad- mitting any alien to citizenship that immediately preceding the date of his application he has resided continuously within the United States five years at least, and within the state or territory where such court is at the time held one year at least, and that during that time he has behaved as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness of the same. In addition to the oath of the appli- cant, the testimony of at least two witnesses, citizens of the United States, as to the facts of residence, moral character, and attachment to the principles of the constitution shall be required, and the name, place of residence, and occupation of each witness shall be set forth in the record. Fifth. In case the alien applying to be admitted to citizenship has borne any hereditary title, or has been of any of the orders of nobility in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application is made, and his renun- ciation shall be recorded in the court. Sixth. When any alien who has declared his intention to become a citizen of the United States dies before he is actually naturalized the Widow and minor children of such alien may, by complying with the other provisions of this act, be naturalized without making any declara- tion of intention. SEC. 5. That the clerk of the court shall, immediately after filing the petition, give notice thereof by posting in a public and conspicuous place in his office, or in the building in which his office is situated, under an appropriate heading, the name, nativity, and residence of the alien, the date and place of his arrival in the United States, and the date, as nearly as may be, for the final hearing of his petition, and the names of the witnesses whom the applicant expects to summon in his behalf; and the clerk pliall, if the applicant requests it, issue a subpoena for the witnesses so named by the said applicant to appear upon the day set for the final hearing, but in case such witnesses can not be pro- duced upon the final hearing other witnesses may be summoned. SEC. 6. That petitions for naturalization may be made and filed dur- ing term time or vacation of the court and shall be docketed the same day as filed, but final action thereon shall be had only on stated days, to be fixed by rule of the court, and in no case shall final action be had upon a petition until at least ninety days have elapsed after filing and post- ing the notice of such petition : Provided, That no person shall be naturalized nor shall any certificate of naturalization be issued by any court within thirty days preceding the holding of any general election within its territorial jurisdiction. It shall be lawful, at the time and as a part of the naturalization of any alien, for the court, in its discre- tion, upon the petition of such alien, to make a decree changing the name of said alien, and his certificate of naturalization shall be issued to him in accordance therewith. SEC. 7. That no person who disbelieves in or who is opposed to organized government, or who is a member of or affiliated with any organization entertaining and teaching such disbelief in or opposition to organized government, or who advocates or teaches the duty, neces- 240 APPENDIX. sity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the gov- ernment of the United States, or of any other organized government, because of his or their official character, or who is a polygamist, shall be naturalized or be made a citizen of the United States. SEC. 8. That no alien shall hereafter be naturalized or admitted as a citizen of the United States who can not speak the English language: Provided, That this requirement ishall not apply to aliens who are phys- ically unable to comply therewith, if they are otherwise qualified to become citizens of the United States: And provided further, That the requirements of this section shall not apply to any alien who has prior to the passage of this act declared his intention to become a citizen of the United States in conformity with the law in force at the date of making such declaration: Provided further, That the requirements of section eight shall not apply to aliens who shall hereafter declare their intention to become citizens and who shall make homestead entries upon the public lands of the United States and comply in all respects with the laws providing for homestead entries on such lands. SEC. 9. That every final hearing upon such petition shall be had in open court before a judge or judges thereof, and every final order which may be made upon such petition shall be under the hand of the court and entered in full upon a record kept for that purpose, and upon such final hearing of such petition the applicant and witnesses shall be exam- ined under oath before the court and in the presence of the court. SEC. 10. That in case the petitioner has not resided in the state, ter- ritory, or district for a period of five years continuously and immedi- ately preceding the filing of his petition he may establish by two wit- nesses, both in his petition and at the hearing, the time of his residence within the state, provided that it has been for more than one year, and the remaining portion of his five years' residence within the United States required by law to be established may be proved by the deposi- tions of two or more witnesses who are citizens of the United States, upon notice to the Bureau of Immigration and Naturalization and the United States attorney for the district in which said witnesses may reside. SEC. 11. That the United States shall have the right to appear before any court or courts exercising jurisdiction in naturalization proceedings for the purpose of cross-examining the petitioner and the witnesses pro- duced in support of his petition concerning any matter touching or in any way affecting his right to admission to citizenship, and shall have the right to call witnesses, produce evidence, and be heard in opposition to the granting of any petition in naturalization proceedings. SEC. 12. That it is hereby made the duty of the clerk of each and every court exercising jurisdiction in naturalization matters under the provisions of this act to keep and file a duplicate of each declaration of intention made before him and to send to the Bureau of Immigration and Naturalization at Washington, within thirty days after the issuance of a certificate of citizenship, a duplicate of such certificate, and to make and keep on file in his office a stub for each certificate so issued by him, whereon shall be entered a memorandum of all the essential facts set forth in such certificate. It shall also be the duty of the clerk of each of said courts to report to the said Bureau, within thirty days after the APPENDIX. 241 final hearing and decision of the court, the name of each and every alien who shall be denied naturalization, and to furnish to said Bureau duplicates of all petitions within thirty days after the filing of the same, and certified copies of such other proceedings and orders instituted in or issued out of said court affecting or relating to the naturalization of aliens as may be required from time to time by the said Bureau. In case any such clerk or officer acting under his direction shall refuse or neglect to comply with any of the foregoing provisions he shall forfeit and pay to the United States the sum of twenty-five dollars in each and every case in which such violation or omission occurs, and the amount of such forfeiture may be recovered by the United States in an action of debt against such clerk. Clerks of courts having and exercising jurisdiction in naturalization matters shall be responsible for all blank certificates of citizenship received by them from time to time from the Bureau of Immigration and Naturalization, and shall account for the same to tlxe said Bureau whenever required so to do by such bureau. No certificate of citizen- ship received by any such clerk which may be defaced or injured in such manner as to prevent its use as herein provided shall in any case be destroyed, but such certificate shall be returned to the said Bureau ; and in case any such clerk shall fail to return or properly account for any certificate furnished by the said Bureau, as herein provided, he shall be liable to the United States in the sum of fifty dollars, to be recovered in an action of debt, for each and every certificate not properly accounted for or returned. SEC. 13. That the clerk of each and every court exercising jurisdiction in naturalization cases shall charge, collect, and account for the follow- ing fees in each proceeding: For receiving and filing a declaration of intention and issuing a dupli- cate thereof, one dollar. For making, filing, and docketing the petition of an alien for admis- sion as a citizen of the United States and for the final hearing thereon, two dollars; and for entering the final order and the issuance of the certificate of citizenship thereunder, if granted, two dollars. The clerk of any court collecting such fees is hereby authorized to retain one-half of the fees collected by him in such naturalization pro- ceeding; the remaining one-half of the naturalization fees in each case collected by such clerks, respectively, shall be accounted for in their quarterly accounts, which they are hereby required to render the Bureau of Immigration and Naturalization, and paid over to such Bureau within thirty days from the close of each quarter in each and every fiscal year, and the moneys o received shall be paid over to the disbursing clerk of the Department of Commerce and Labor, who shall thereupon deposit them in the treasury of the United States, rendering an account therefor quarterly to the Auditor for the State and other Departments, and the said disbursing clerk shall be held responsible under his bond for said fees so received. In addition to the fees herein required, the petitioner shall, upon the filing of his petition to become a citizen of the United States, deposit with and pay to the clerk of the court a sum of money sufficient to cover the expenses of subprenalng and paying the legal fees of any witnesses for whom he may request a subpoena, and upon the final dis- 31 242 APPENDIX. charge of such witnesses they shall receive, if they demand the same from the clerk, the customary and usual witness fees from the moneys which the petitioner shall have paid to such clerk for such purpose, and the residue, if any, shall be returned by the clerk to the petitioner: Provided, That the clerks of courts exercising jurisdiction in naturaliza- tion preceding shall be permitted to retain one-half of the fees in any fiscal year up to the sum of three thousand dollars, and that all fees received by such clerks in naturalization proceedings in excess of such amount shall be accounted for and paid over to said Bureau as in case of other fees to which the United States may be entitled under the pro- visions of this act. The clerks of the various courts exercising juris- diction in naturalization proceedings shall pay all additional clerical force that may be required in performing the duties imposed by this act upon the clerks of courts from fees received by such clerks in naturaliza- tion proceedings. And in case the clerk of any court collects fees in excess of the sum of six thousand dollars in any one year, the Secretary of Commerce and Labor may allow to such clerk from the money which the United States shall receive additional compensation for the employ- ment of additional clerical assistance, but for no other purpose, if in the opinion of the said Secretary the business of .such clerk warrants such allowance. SEC. 14. That the declarations of intention and the petitions for naturalization shall be bound in chronological order in separate vol- umes, indexed, consecutively numbered, and made part of the records of the court. Each certificate of naturalization issued shall bear upon its face, in a place prepared therefor, the volume number and page number of the petition whereon such certificate was issued, and the volume number and page number of the stub of such certificate. SEC. 15. That it shall be the duty of the United States district attor- neys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any court having jurisdiction to naturalize aliens in the judicial district in which the naturalized citi- zen may reside at the time of bringing the suit, for the purpose of setting aside and canceling the certificate of citizenship on the ground of fraud or on the ground that such certificate of citizenship was illegally pro- cured. In any such proceedings the party holding the certificate of citizenship alleged to have been fraudulently or illegally procured shall have sixty days personal notice in which to make answer to the peti- tion of the United States ; and if the holder of such certificate be absent from the United States or from the district in which he last had his resi- dence, such notice shall be given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the state or the place where such suit is brought. If any alien who shall have secured a certificate of citizenship under the provisions of this act shall, within five years after the issuance of such certificate, return to the country of his nativity, or go to any other foreign country, and take permanent residence therein, it shall be con- sidered prima facie evidence of a lack of intention on 'the part, of such alien to become a permanent citizen of the United States at the time of filing his application for citizenship, and, in the absence of counter- vailing evidence, it shall be sufficient in the proper proceedings to author- ize the cancellation of his certificate of citizenship as fraudulent, and the APPENDIX. 243 diplomatic and consular officers of the United States in foreign countries shall from time to time, through, the Department of State, furnish the Department of Justice with the names of those within their respective jurisdictions who have such certificates of citizenship and who have taken permanent residence in the country of their nativity, or in any other foreign country, and such statements, duly certified, shall be admissible in evidence in all courts in proceedings to cancel certificates of citizenship. Whenever any certificate of citizenship shall be set aside or can- celed, as herein provided, the court in which such judgment or decree is rendered shall make an order canceling such certificate of citizenship and shall send a certified copy of such order to the Bureau of Immigra- tion and Naturalization; and in case such certificate was not origi- nally issued by the court making such order it shall direct the clerk of the court to transmit a copy of such order and judgment to the court out of which such certificate of citizenship shall have been originally issued. And it shall thereupon be the duty of the clerk of the court receiving such certified copy of the order and judgment of the court to enter the same of record and to cancel such original certificate of citi- zenship upon the records and to notify the Bureau of Immigration and Naturalization of such cancellation. The provisions of this section shall apply not only to certificates of citizenship issued under the provisions of this act, but to all certificates of citizenship which may have been issued heretofore by any court exer- cising jurisdiction in naturalization proceedings under prior laws. Sections 16 and 17 repealed. These sections, which made punishable forging, etc., certificates of citizenship, and engraving, etc., plates for counterfeiting such certificates, and other offenses in connection therewith, are incorporated in the act to codify, etc., the penal laws, Act March 4, 1909. SEC. 18. That it is hereby made a felony for any clerk or other per- son to issue or be a party to the issuance of a certificate of citizenship contrary to the provisions of this act, except upon a final order under the hand of a court having jurisdiction to make such order, and upon conviction thereof such clerk or other person shall be punished by im- prisonment for not more than five years and by a fine of not more than five thousand dollars, in the discretion of the court. Section 19 repealed. This section, which made punishable the having possession of any blank certificate of citizenship with intent to unlawfully use the same, is incorporated in the act to codify, etc., the penal laws, Act March 4, 1909. SEC. 20. That any clerk or other officer of a court having power under this act to naturalize aliens, who willfully neglects to render time accounts of moneys received by him for naturalization proceedings or who willfully neglects to pay over any balance of such moneys due to the United States within thirty days after said payment shall become due and demand therefor has 1 been made and refused, shall be deemed guilty of embezzlement of the public moneys, and shall be punishable by imprisonment for not more than five years, or by a fine of not more than five thousand dollars, or both. SEC. 21. That it shall be unlawful for any clerk of any court or his authorized deputy or assistant exercising jurisdiction in naturalization 244 APPENDIX. proceedings, or to demand, charge, collect, or receive any other or additional fees or moneys in naturalization proceedings save the fees and moneys herein specified ; and a violation of any of the provisions of this section or any part thereof is hereby declared to be a misdemeanor and shall be punished by imprisonment for not more than two years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment. SEC. 22. That the clerk of any court exercising jurisdiction in natu- ralization proceedings, or any person acting under authority of this act, who shall knowingly certify that a petitioner, affiant, or witness named in an affidavit, petition, or certificate of citizenship, or other paper or writing required to be executed under the provisions of this act, per- sonally appeared before him and was sworn thereto, or acknowledged the execution thereof or signed the same, when in fact such petitioner, affi- ant, or witness did not personally appear before him, or was not sworn thereto, or did not execute the same, or did not acknowledge the execu- tion thereof, shall be punished by a fine not exceeding five thousand dol- lars, or by imprisonment not to exceed five years. SEC. 23. That any person who knowingly procures naturalization in violation of the provisions of this act shall be fined not more than five thousand dollars, or shall be imprisoned not more than five years, or both, and upon conviction the court in which such conviction is had shall thereupon adjudge and declare the final order admitting such person to citizenship void. Jurisdiction is hereby conferred on the courts having jurisdiction of the trial of such offense to make such adjudication. Any person who knowingly aids, advises, or encourages any person not entitled thereto to apply for or to secure naturalization, or to file the preliminary papers declaring an intent to become a citi- zen of the United States, or who in any naturalization proceeding know- ingly procures or gives false testimony as to any material fact, or who knowingly makes an affidavit false as to any material fact required to be proved in such proceeding, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both. SEC. 24. That no person shall be prosecuted, tried, or punished for any crime arising under the provisions of this act unless the indictment is found or the information is filed within five years next after the com- mission of such crime. SEC. 25. That for the purpose of the prosecution of all crimes and offenses against the naturalization laws of the United States which may have been committed prior to the date when this act shall go into effect, the existing naturalization laws shall remain in full force and effect. SEC. 26. That sections twenty-one hundred and sixty-five, twenty-one hundred and sixty-seven, twenty-one hundred and sixty-eight, twenty-one hundred and seventy-three, of the revised statutes of the United States of America, and section thirty-nine of chapter one thousand and twelve of the Statutes at Large of the United States of America for the year nineteen hundred and three, and all acts or parts of acts inconsistent with or repugnant to the provisions of this act are hereby repealed. SEC. 27. That substantially the following forms shall be used in the proceedings to which they relate : APPENDIX. 245 DECLARATION OP INTENTION. (Invalid for all purposes seven years after the date hereof.) I, , aged years, occupation . . , do declare on oath (affirm) that my personal description is: Color , com- plexion . . . , height , weight , col6r of hair , color of eyes, , other visible distinctive marks ; I was born in on the day of , anno Domini . . . . ; I now reside at ; I emigrated to the United States of America from on the vessel ; my last foreign residence was It is my bona fide intention to renounce forever all allegiance and fidel- ity to any foreign prince, potentate, state, or sovereignty, and parties larly to , of which I am now a citizen (subject) ; I arrived at the (port) of , in the State (Territory or District) of on or about the day of anno Domini ; I am not an an- archist; I am not a polygamist nor a believer in the practice of polygamy; and it is my intention in good faith to become a citizen of the United States of America and to permanently reside therein. So help me God. (Original signature of declarant) Subscribed and sworn to (affirmed) before me this day of , anno Domini [L. S.] (Official character of attestor.) PETITION FOR NATURALIZATION. Court of In the matter of the petition of to be admitted as a citizen of the United States of America. To the Court : The petition of respectfully shows : First. My full name is Second. My place of residence is number street, city of , State (Territory or District) of Third. My occupation is Fourth. I was born on the day of ...... at Fifth. I emigrated to the United States from , on or about the day of , anno Domini , and arrived at the port of , in the United States, on the vessel Sixth. I declared my intention to become a citizen of the United States on the day of at , in the court of Seventh. I am . . married. My wife's name is She was born in and now resides at .... I have children, and the name, date, and place of birth and place of residence of each of said children is as follows : ; ; Eighth. I am not a disbeliever in or opposed to organized govern- ment or a member of or affiliated with any organization or body of per- sons teaching disbelief in organized government. I am not a polygamist nor a believer in the practice of polygamy. I am attached to the prin- ciples of the Constitution of the United States, and it is my intention to become a citizen of the United States and to renounce absolutely and for- 246 APPENDIX. ever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to , of which at this time I am a citizen (or subject), and it is my intention to reside permanently in the United States. Ninth. I am able to speak the English language. Tenth. I have resided continuously in the United States of America for a term of five years at least immediately preceding the date of this petition, to wit, since , anno Domini , and in the State (Territory or District) of for one year at least next preceding the date of this petition, to wit, since day of , anno Domini Eleventh. I have not heretofore made petition for citizenship to any court. (I made petition for citizenship to the court of at , and the said petition was denied by the said court for the following reasons and causes, to wit, , and the cause of such denial has since been cured or removed.) Attached hereto and made a part of this petition are my declaration of intention to become a citizen of the United States and the certificate from the Department of Commerce and Labor required by law. Where- fore your petitioner prays that he may be admitted a citizen of the United States of America.- Dated (Signature of petitioner) ........ . . . . t ....... , being jluly sworn, deposes and says that he is the petitioner in the above-entitled proceeding ; that he has read the fore- going petition and knows the contents thereof; that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true. Subscribed and sworn to before me this ...... day of ....... auno Domini ........ [> s-] .................. , Clerk of the . . ........ Court. AFFIDAVIT OF WITNESSES. ........ Court of ........ In the matter of the petition of .......... to be admitted a citizen of the United States of America. .......... , occupation ........ , residing at ........ , and ......... , occupation .............. , residing at ........... each being severally, duly, and respectively sworn, deposes and says that he is a citizen of the United States of America; that he has personally known ........... the petitioner above mentioned, to be a resident of the United States for a period of at least five years continuously immediately preceding the date of filing his petition, and of the State (Territory or District) in which the above-entitled application is made for a period of ............ years immediately preceding the date of filing his petition; and that he has personal knowledge that the said petitioner is a person of good moral character, attached to the principles of the Constitution of the APPENDIX. 247 United States, and that lie is in every way qualified, in his opinion, to be admitted as a citizen of the United States. Subscribed and sworn to before me this day of , nine- teen hundred and [L. 8.] (Official character of attestor.) CERTIFICATE OF NATURALIZATION. Number Petition, volume , page Stub, volume , page (Signature of holder) Description of holder : Age, ; height, ; color ; complexion, ; color of eyes, ; color of hair, ; visible distinguishing marks, Name, age, and place of residence of wife, , , Names, ages, and places of resi- dence of minor children, , , ; , ........ , Be it remembered, that at a term of the court of , held at on the day of , in the year of our Lord nineteen hundred and , , who previous to his (her) naturalization was a citizen or subject of , at present residing at number street, city (town), State (Territory or District), having applied to be admitted a citizen of the United States of America pursuant to law, and the court having found that the petitioner had resided continuously within the United States for at least five years and in this state for one year immediately pre- ceding the date of the hearing of his (her) petition, and that mid peti- tioner intends to reside permanently in the United States, had in all respects complied with the law in relation thereto, and that . . he was entitled to be so admitted, it was thereupon ordered by the said court that . .he be admitted as a citizen of the United States of America. In testimony whereof the seal of said court is hereunto affixed on the day of , in the year of our Lord nineteen hundred and , and of our independence the [L. S.] (Official character of attestor.) 248 APPENDIX. STUB OF CERTIFICATE OF NATURALIZATION. No. of certificate, Name ; age, Declaration of intention, volume , page Petition, volume , page ...... Name, age, and place of residence of wife, , , Names, ages, and places of residence of minor children, . . . . , . . . . , . . . . ; . . . . > Date of order, volume , page ( Signature of holder) SEC. 28. That the Secretary of Commerce and Labor shall have power to make such rules and regulations as may be necessary for properly carrying into execution the various provisions of this act. Certified copies of all papers, documents, certificates, and records required to be used, filed, recorded, or kept under any and all of the provision of this act shall be admitted in evidence equally with the originals in any and all proceedings under this act and in all cases in which the originals thereof might be admissible as evidence. SEC. 30. That all the applicable provisions of the naturalization laws of the United States shall apply to and be held to authorize the admis sion to citizenship of all persons not citizens who owe permanent alle- giance to the United States, and who may become residents of any state or organized territory of the United States, with the following modifications: The applicant shall not be required to renounce allegiance to any foreign sovereignty ; he shall make his declaration of intention to become a citizen of the United States at least two years prior to his admission ; and residence within the jurisdiction of the United States, owing such permanent allegiance, shall be regarded as residence within the United States within the meaning of the five years' resi- dence clause of the existing law. An Act to validate certain certificates of naturalization. [Extract from Act of Congress, approved June 29, 1906.] That naturalization certificates issued after the act approved March third, nineteen hundred and three, entitled "An act to regulate the immigration of aliens into the United States," went into effect, which fail to show that the courts issuing said certificates complied with the requirements of section thirty-nine of said act, but which were other- wise lawfully issued, are hereby declared to be as valid as though said certificates complied with said section : Provided, That in all such cases applications shall be made for new naturalization certificates, and when the same are granted, upon compliance with the provisions of said act of nineteen hundred and three, they shall relate back to the defective certificates, and citizenship shall be deemed to have been perfected at the date of the defective certificate. INDEX TO GENERAL ELECTION LAWS The Index to the Primary Election Law Immediately Follows. INDEX. TO GENERAL ELECTION LAWS. (References are to Compiler's Sections.) ADJOURNMENT : Sections. noon, of the polls in townships, proclamation, etc ........................ 143, 182 of polling places ...................................................... 177 of board of state canvassers ............................................. from day to day by county canvassers .................................... 239 final, of township board of canvassers subject to recall .................... 252 of annual township meetings, proceedings, notice of, etc .................. 303-5 ALDERMEN : to constitute board of registration in cities ............................. 84, 486-91 to act as inspectors of election ........................................ 139, 518 when two, at large may be elected in fourth class cities, term of office ...... 493 number of, elected at first election in cities of fourth class ................ 496 ALIENS : naturalization of, see appendix. AMENDMENTS : and revision of constitution, how made .................................. 77-80 constitutional, secretary of state to certify to submission .................. how voted for, etc ................................................ ballots, how printed, voted, etc .................................... canvass of votes on ..................................................... 192 canvass of votes by state board on constitutional .......................... 212-13 to constitution to be published with laws ................................ duty of secretary of state as to publicity of proposed constitutional, etc. . . . 583 ANNUAL CITY ELECTION: in fourth class cities, notices, canvass, return, etc ........................ 511-26 ANNUAL MEETING : applied to townships, how construed .................................... ANNUAL TOWNSHIP MEETING (see township meeting and April election). APPEAL : when candidate may, to circuit court for examination, etc., of returns ...... 252 APPOINTIVE OFFICERS: by the governor, etc., resignations of, when made ......................... 440 APPOINTMENTS : members of legislature not to receive civil ................................ of election inspectors in townships having more than two districts, by whom. 26 1 of election inspectors in village, when notice given ........................ temporary, to fill vacancy in certain offices by town board ................ 34c of person to fill vacancy in office of county treasurer, by whom ............ in office of register of deeds, when and by whom .................. 41^ of prosecuting attorney by governor ...................................... to fill vacancy in office of county commissioner of schools, by whom ........ officers by, resignations of, how and to whom made ...................... vacancies in certain state offices filled by, by whom ...................... of county officers to fill vacancy, by whom of certain officers in cities of fourth class, by whom and when made ........ A"X term of officers holding office by, in cities of fourth class .................. APPORTIONMENT: _ _ of state representatives, ratio, etc ...................................... of state into thirty-two senatorial districts .............................. APPROVAL OF BONDS: of county officers, by board of supervisors ................................ APRIL ELECTIONS (see also township meetings). officers elected at, in townships ........................................ county commissioner of schools to be elected at .......................... 4 *J? circuit judges, election of, canvass of votes, term, etc .................... ,2o b i regents of university, elected at, canvass of votes, etc .................... members of state board of education elected at .......................... superintendent of public instruction elected at ............................ justices of supreme court elected at, canvass, etc ........................ \ in fourth class cities, inspectors, proceedings, canvass, etc ................ 511--0 252 INDEX. ARREST : Sections. of person leaving room with ballot or pencil 163 of person offending against elections, who to cause 375 ASSESSOR: in city, to act as inspector of election 139 ASSISTANCE : of voter in preparation of ballot 158 where voting machines are used 564 ATTORNEY GENERAL: vacancy in office of, how filled 452 to draft forms, etc., for use at local option elections 606 AUDITOR GENERAL: when to act as member, board of state canvassers 201 vacancy in office of, how filled 452 B. BALLOTS : number of, to be prepared by election commissioners 147 proof copy of, when placed on inspection 149, 229 form of, perforation of, etc 152. 324 arrangement of names on , 152 duty of printer, as to printing, delivery, etc 154 package containing, to be sealed, certified, and receipted for upon delivery. . 156 how and when opened 159 initialing of r, 159 how marked by voter, folding of 163 by whom and where distributed, to have initials, etc 167 assistance of voter in preparation of 169 unused and spoiled, to be preserved, etc 171-2 canvass of, result, how declared, statement, etc 173, 175 to be placed in box, sealed, etc 174 limit of time in booth while preparing 179 constitutional amendments, to be separate, how marked, etc 183 and poll lists to be delivered to city clerk 184 duty of inspectors upon receipt of, of challenged voter 231-2 when may be produced in court proceedings for making recount of 252 after recount to be sealed up, to whom returned... 257 to be counted and compared with poll list in cities of fourth class, preparing of, etc 522 for local option election, form of, who to furnish 594 BALLOT BOXES: who to provide, where kept, lock and key for 144-5 when marked ballot deposited in 163 to whom delivered 165, 174 how sealed, care of key, etc., returning and opening of 165-6 opening of, and canvass of votes 173 separate, for votes on constitutional amendments, how marked 183 when may be produced in court 233 when may be opened by county canvassers 239 penalty for violation of, breaking into, etc 252, 373 used in election district, where deposited 266, 271 common council may provide, for city primaries 284 how constructed, kept and disposed of at town meetings 323 in cities of fourth class, by whom kept, etc 515 village council to provide 536 BALLOT CLERKS: may be dispensed with in election districts using voting machines 555 BALLOT LABELS: providing, for voting machines 551 BANKING LAW: votes on, how canvassed and returned 193, 212-13 BETTING : on elections, penalty, proviso as to fine 377-9 BOARD OF COUNTY CANVASSERS: in certain counties, to be board of election commissioners 148 statements of election forwarded by registered mail to 175 duties of ] 85-93 duty of, in case of tie vote 188 to make duplicate statement of district canvass 189 canvass of votes by, on amendments 192 who to constitute, in Wayne county 236 election, powers and duties 236-48 term of office of, oath, etc 237 when to meet and organize 238 proceedings of, in making canvass 239 to make statement of result of count 239 proceedings of, in case of tie vote 240 penalty for violation of act 244 duties of, in case of recount 245-8 special canvass by, for state senator or representative 249 duty of, as to investigation, etc., of frauds, etc., made by inspectors 252 canvass of votes by, for circuit judge and regents 459, 465 for supreme court justices 363 INDEX. 253 BOARD OF DISTRICT CANVASSERS: Sections. statement of votes by, what to contain 186 duty of, in case of tie vote 188 who to constitute, powers and duties 194-9 when and where to meet and make canvass 196 manner of determining person elected 198-9 to certify names of persons elected 199 to publish result of canvass 199 BOARD OF EDUCATION (see state board of education). BOARD OF ELECTION COMMISSIONERS : county, members of, duties, etc 147-8 unlawful for, to cause name printed in more than one column on ballot.... 148 exception as to judge in 10th judicial circuit 148 duty of, to correct errors in proof copy of ballot 149 to furnish pencils, etc., for each voting precinct 155 chairman of, to certify number of ballots in package, etc 156 when may designate elector ballots may be delivered to 157 duty of, as to printing, etc., of ballots for constitutional amendments 183 township board to constitute township, duties of 228 city, who to constitute, duties of 228 village, who to constitute, duties of 288, 536 when political committees to furnish, with names of candidates 229 in fourth class cities, appointment, duties, etc 521-22 duties of, as to voting machines, names of nominees, instructions to voters, etc 550 BOARD OF ELECTION INSPECTORS (see inspectors of election). BOARD OF REGISTRATION: who to constitute, for cities and townships 84 in cities, meetings of, powers and duties. . , 86-90 in townships, who to constitute, etc 92 sessions of, when held, powers and duties 95 to review and correct lists 101 in new villages, duty of 105 compensation of members of : 110, 272, 354 in Wayne county, who to make re-registration when, in session 113 election inspectors to constitute, in new townships when to meet 115 in new townships, organization of, etc 117-19 not to meet where intoxicating liquors are sold 120 penalty for violation 121 duties of, as to registration of electors in districts membership, how constituted 265 in fourth class cities, duties, re-registration, new wards, compensa- tion, etc 486-91 BOARD OF STATE CANVASSERS: who to constitute, duties of, etc 34, 201 powers and duties of 201-13 secretary of state to appoint time of meeting of statement of, what to show 206-7 when to canvass votes for presidential electors. may adjourn from day to day canvass by, for circuit judges , 460 for regents of university 465 for justices of supreme court 475 BOARD OF SUPERVISORS: duties of, as to dividing county into representative districts when special elections to be ordered by 126, 135 to elect board of county canvassers duty as to first election in new township 36 may select person to fill office of county treasurer in case of vacancy, etc.... 406 removal and appointment of county officers by 453 when may authorize the use of voting machines 576-80 duty of, relative to local option elections 588-606 BOND: of justice of the peace, where filed penalty for certain township officers neglecting to file 344 county treasurer to give 405 county clerk to give, amount of and by whom approved 409 of sheriff 411 of coroners 412 of register of deeds 41S of county surveyor 415 when certain county officers to give, with whom filed 41 < of circuit court commissioner 425 county commissioner of schools 428 county drain commissioner to execute and file 431 of county mine inspector 437 approval of county officers', by supervisors 439 when probate or circuit judge may approve officers in cities of fourth class to give, by whom examined, with whom filed. . 502-4 254 INDEX. BOOTHS : Sections. pencils, etc., to be furnished for each 155-6, 159 admittance of voters to, in the order in which they apply 158 to be erected in voting room, number of and specifications for 158 elector to mark and fold ballot in 163 marking of ballot of physically incapable person to be done in 169 limit of time elector may remain in 179 for primaries in cities, who to provide, notices, etc 277 voting machine, assisted elector to be left alone in 564 BRIBERY : penalty for attempted, of elector 371 who deemed guilty of 380, 382 C. CANDIDATES : not to act as inspector of election 139 name of, nominated by two or more parties, unlawful to be printed in more than one column on ballot exceptions as to circuit judge of 10th judicial circuit names of, and vignette adopted, to be sent to chairman 148 order of placement of, on ballot for November and April elections 152 in case of death, removal or withdrawal of 153 unlawful to influence voter to vote for or against 170, 180 names of, when and by whom given to commissioners 229 contesting election, to file petition for recount of ballots and make deposit. .245, 257 to be notified of recount by county canvassers 246 filing petition for recount to make deposit, etc., when may appeal to circuit court 252 "primaries" for choosing, for office, in cities, how construed, etc 274 at city primaries, unlawful to solicit money from, influence voter, etc 285-6 at convention, unlawful for delegate to solicit money, etc legitimate election expenses of not to provide refreshment for corrupting voter, penalty election of, who commits bribery, void penalty for offering reward, etc., to support 400-2 in fourth class cities, in case of tie vote for 524 primary election law for nomination of 610-66 CANVASS OF VOTES : how conducted, what ballots void, etc 173 result of, how declared, statement, etc 175 on constitutional amendments 183, 192, 212-13 for state and county officers who to constitute board for district * 194 when and where district canvassers to meet for 196 state, when and how made t 206-13 for presidential electors, when made 210 method of, by board of county canvassers 239 petition of candidate, in alleged fraud or error in special, for state senator or representative to fill vacancy proceedings for correction of frauds, etc., in, etc., made by inspectors 252 in district, how and by whom performed ! 266-7 at township elections 330-3 at primaries, penalty for inspectors making false 392 for circuit judge, how conducted, etc 458-9 for regents of university 464-5 for justices of supreme court, state and county 473-5 in fourth class cities, how conducted 522 at village election, law governing 539 number of pamphlets showing result of, at April election, by whom printed. . 582 at local option election, statements, where filed 596 CANVASSERS (see board of county canvassers; board of district canvassers; board of state canvassers). CANVASSERS' STATEMENTS : how made up, certified, where filed 187 CAUCUS : or primaries in cities, act relative to 274-95 punishment for offenses at 389-97 CERTIFICATE : of election, county clerk to make and deliver 190 of determination by state board of canvassers 208 candidate not receiving, of election may have returns examined, etc., in circuit court 252 of statement relative to results, etc., of canvass 332-3 of election in fourth class cities, where filed, etc 523 and statement of votes, to be filed with village clerk 539 CERTIFIED COPIES: clerk to furnish secretary of state with, of county canvass 242 CHAIRMAN : of board of election inspectors, when supervisor to be . 146 of board of election commissioners 147 of board of election inspectors in each precinct, to procure ballots, etc 156 of board of county canvassers, election of, etc 238 of election inspectors in fourth class cities 518 INDEX. 255 CHALLENGE : Sections. of person not registered 98 proceedings in case of 161, 326 duty of inspectors to, disqualified elector 162 of elector at city primaries, oath, etc 280-1 challenged voter to wait until others have voted 282 of voter in townships, duty of moderator 362 of voters at primaries, oath, when vote received, etc 391-2 CHALLENGED VOTER: duty of inspectors upon receipt of ballot of 231-2 CHALLENGERS : number of, position assigned, powers and authority of, removal of 160 duties of, in assisting voters 169, 564 CHIPPEWA COUNTY: county commissioner of schools in, to be elected at general election 428 CIRCUIT COURT: when candidate may appeal to, for examination, etc., of returns 252 judge of. may fill vacancy in office of county clerk or prosecuting attorney. . 450 CIRCUIT COURT COMMISSIONER: election of, term of office, etc 421-3 when counties entitled to two 421 when two, elected, county canvassers to designate successor 422 oath and bond of 424-5 vacancy in office of, how filled 426 salary, certain acts providing, of $1,000 repealed 427 CIRCUIT JUDGES: term of office of, when elected 39 in 10th judicial circuit, exception as to form of ballot 148 when to designate successor of circuit court commissioner 423 when may approve county officers' bonds 439 when may remove county clerk 447 may fill vacancy in office of county clerk or prosecuting attorney 450 election of, canvass of votes, term, etc 454-61 CITIES: when, entitled to more than one representative 11 board of registration in, who to constitute, etc 84 section relative to registration in, not to apply to certain opening and closing of polls in. and townships 182 who to constitute board of election commissioners in 228 duties of 228 act relative to primaries in, of certain population 274-95 under 15,000, how may conduct primaries 291 when, may purchase voting machines 546 CITIES OF THE FOURTH CLASS : registration in, duties of board, re-registration, etc 484-91 what officers in, to be elected 492 when two aldermen at large may be elected in 493 appointments of certain officers in. made by mayor with council's consent. . . . 494-5 officers elected, appointed or filling vacancy in, term of office 496-9 qualifications for holding office in 500 officers in, when to take oath and give bond 501-4 elections in, inspectors, conducting of, canvass, returns, etc 511-26 CITY CLERK: list of registration signed by board and filed with 90 to deliver register to election inspectors 91 when to deliver and certify to copy of register of electors to elector 102 to forward secretary of state, number of registered names 109 to provide ballot box. key, election seal, etc printed instructions to voters furnished by 168 to have charge of ballot box duty of, a's to duplicate statements of result of election 175 ballots and poll lists to be delivered to 184 to be notified of holding of primaries 283 .. in fourth class cities, notice of, as to registration 490 notices of election given by 514 duty as to ballot boxes, certificate of election, etc 515, 523-26 CITY COUNCIL: when, may authorize the use of voting machines at city elections 546 CITY OFFICERS: removal of, for certain reasons, by whom 446 what, in cities of fourth class to be elected 494 appointments of certain, in cities of fourth class when and by whom made. . 494 5 terms of, oath and bond, appointments of, etc 497-502 CIVIL PROCESS: not to be served on election day 225 CLASSIFICATION : of justices of the peace, in case of no previous election in new townships 339-42 in case of election to fill vacancies 343 CLERKS OF ELECTION: how may register name on election day in townships and cities duty as to entering names on poll list to compare poll lists, etc 164 256 INDEX. CLERKS OF ELECTION Continued. Sections. use of liquors by, on election day 178 compensation of 354 not effective until ratified by electors 355 rules, etc., governing conduct of, where voting machines are used 556 COLUMBUS DAY: designated as a legal holiday 609 COMMISSIONER OP HIGHWAYS: election of, term of office 296, 299, 300 when overseer to assume duties of designation of persons to fill vacancy of, on ballot 326 COMMITTEES : state, county and district, to forward to county election commissioners vig- nette and names of candidates political, in townships, cities and villages, duties of party, to designate time for holding primaries in cities 276 may make rules as to registration at city primaries 289 COMMON COUNCIL: to provide for by ordinance, division of voting precinct may cause political parties to hold primaries at same time of cities under 15,000 may enact ordinance as to conduct of primaries authority of, as to opening and closing of saloons on election days 404 in fourth class cities, may divide wards into precincts 485 duty as to board of registration 486 when may provide for election of two aldermen at large 493 duty as to elections, notices, etc 513-26 when, may purchase voting machines 546 COMPENSATION : of members of boards of registration 110, 272, 354 of gate keepers 176 of sheriff and county canvassers for election services 223 of district canvassers, how paid .. 224 of board of county canvassers 236 election inspectors to receive 263 to members of board of registration in villages 274 of township officers 354-6 of board of registration in fourth class cities 486 in fourth class cities, of inspectors of election 517 of village election inspectors 534 CONSTABLES : election of, term of office, number of 53, 296, 300 duty as to offenses against elections 375 to close saloons, etc., found open on election day, and report to prosecuting attorney 388, 404 CONSTITUTIONAL AMENDMENT (see amendments). CONSTITUTIONAL PROVISIONS : relative to elections 1-82 CONTESTED ELECTION: proceedings in cases of a 233-5, 253-59 CONVENTION : Srimaries in cities for choosing delegates, etc., to 274 elegation to city or county, vacancy, how filled 287 unlawful for delegate to solicit money 288 delegates to, elected by ballot, in case of tie, etc 290 of political parties, act to protect and punish offenses at 390-98 delegates to, or primary, certain acts, misdemeanor 393 not to give proxies 399 vacancies in delegations to political, how filled 399 penalty for offering and soliciting money at political 400-2 CORNER : upper right hand, on front side of ballot to be perforated and numbered. . . . 152 perforated, to be torn off by inspector 163 CORONERS : term of office, when elected, to give bond 412 vacancy in office of, how and when may be filled temporarily 448 COUNTIES : closing of polls in, where all precincts use voting machines 143 when unorganized, considered organized for election purposes 221 when, entitled to two circuit court commissioners 421 apportionment, of state senators and representatives among. . 585-6 COUNTY CANVASS : of votes 185-93 clerk to make three copies of 241 original copy, where filed 241 COUNTY CANVASSER: compensation of, by whom allowed, etc 223 COUNTY CANVASSERS (see board of county canvassers). COUNTY CLERK: list of electors, election inspector to file with 89 township clerk to file copy of register with 104 duties of. as to special election to fill vacancy 135 an election commissioner 147-8 proof copy of ballot, when to be filed in office of 149 impression of vignette, etc., when filed in office of . . 150 printed instructions to voters, duty as to 168 INDEX. 257 COUNTY CLERK Continued. Sections. tally sheet and statement of canvass forwarded to 175 poll lists to be delivered to, and filed by 184 canvasser's statement to be filed with 187 duty of, on receipt of district canvass 189 to certify persons elected 190-1 duty of, as to return of canvass on amendments 192 to be member of board of district canvassers 194 duty of, when unable to attend district canvass 197 to furnish secretary of state copy of determination of district canvassers. . 200 to notify persons elected 200 to file notice of vacancy in office of congressman 217 to notify members of county canvassers of election 236 to be member of board of county canvassers 236 to make three copies of county canvass 241 to file original , ;. . 241 to furnish secretary of state, certified copies of county canvass 241-2 penalty for neglect of duty as county canvasser 243 duty of, as to furnishing blanks for making election returns..., 251 return of names, etc., of persons elected or appointed to be made to 351 term of office, when elected, to give bond 408 when, to transmit to secretary of state certified list of certain officers.... 410 supervisor to notify, of \vacancy in office of treasurer or justice of the peace 442 removal of, when and by whom 447 vacancy in office of, may be filled by circuit judge 450 and prosecuting attorney may appoint to fill vacancies in certain county offices 450 statement of vote for circuit judge, to whom sent, etc 459 certificates of determination of village election, to be filed with 540 duty of, relative to voting machines 553 returns of vote of certain officers at general election by, when and to whom election returns from senatorial districts made to. . ; 587 duty of, when presented with petition to submit question of prohibiting liquor traffic in county to forward to secretary of state transcript of resolution of prohibition .... 600 when to make copy of poll list, fee for 604 COUNTY COMMISSIONER OP SCHOOLS : to be elected at April election, term of office, to file oath and bond 428 eligibility to office of 429 vacancy in office of, how and by whom filled 430 COUNTY COMMITTEES : state, district and. to forward to county election commissioners, vignette and names of candidates r 148 COUNTY DRAIN COMMISSIONER: election of, oath, bond, term of office, etc 431 appointment of, to fill vacancy 431 COUNTY OFFICERS: election, term of office, etc 47, 49 special elections of, by whom ordered 126 duty of sheriff as to general election choosing 137 statement of votes for, by county canvassers 185 county clerk to forward list of, to secretary of state 191 proceedings in case of tie vote for 240 oath of office, bonds of 416-17 elected at general election, when terms of office to commence 420 inspector of mines, when elected, term, qualifications, bond, etc 433-8 approval of bonds of, by board of supervisors 439 when judge of probate or circuit court judge may approve bonds of 439 vacancy in office of certain, how filled 443. 450 removal of certain, by whom 444-6 removal and appointment of, by board of supervisors 453 COUNTY SURVEYOR: term of office, when elected, to give bond 415 vacancy in office of, how filled temporarily 450 COUNTY TICKET: order of arrangement 152 COUNTY TREASURER: term of office, when elected, to give bond 405 vacancy in office of, how and by whom supplied 406 to file "bonds given by certain county officers 417 COURTS : jurisdiction of, for offenses against registration laws 107 proceedings of, in cases of contested election 234-5 having charge of offenses against elections, duty as to grand jury 376 D. DEATH : in case of, etc., of candidate 153 DELEGATES : to conventions, primaries in cities, for choosing 274 to city or county convention, vacancies, how filled 287 elected to city or county convention not to give proxy 287,399 soliciting of money by, misdemeanor 288 to convention, how elected, ballots in case of tie, etc 290 penalty for soliciting money or reward 400-2 33 258 INDEX. DELEGATES Continued. Sections. to primary or convention, certain acts a misdemeanor .................... caucuses for appointment of, to conventions, when to begin, etc .......... 398 made by candidates filing petition for recount of ballots ............ 245, 247, 252-3 DETERMINATION : of state canvassers to be published ...................................... of result of election of circuit judge, by whom given ...................... 460 of state canvassers as to result of election of justices of supreme court.... of council in fourth class cities of result of election ........................ 523 DETROIT CITY: section relative to registration not to apply to ............................ DIRECT NOMINATIONS: act relative to ......................................................... 610-66 DISTRICT CANVASS: of votes .............................................................. 186 200 duplicate statement of, where filed, etc .................................. 189 DISTRICT CANVASSER: compensation of, how paid .............................................. DISTRICT CANVASSERS (see board of district canvassers). DISTRICT INSPECTORS OP ELECTION (see also inspectors of election). appointment and election of, in townships having more than two districts.. duties of, as to canvassing votes in districts ............................ 266 DISTRICT NO. 1 : who to constitute board of election inspectors in .......................... statements, etc., relative to election in village districts to be deposited with inspectors of ........................................................ 266, 271 election inspectors in village, of whom to consist ......................... 270 DISTRICT NO. 2: who to constitute board of election inspectors in .......................... 262 DISTRICTS, ELECTION: division of townships and villages into, and providing for registration ...... 260-73 DISTRICTS, REPRESENTATIVE : counties constituting one, returns of, where made ........................ 585 DISTRICTS, SENATORIAL: apportionment of state into thirty-two .................................. 586 DISTURBANCES : exciting, at election, etc., misdemeanor .......................... .. ......... 403 DIVISION : of election districts .................... . ............................... of township into election districts ........................................ DRAIN COMMISSIONER (see county drain commissioner). DRAWING LOTS: when canvassers may determine person elected by .......................... DRUNKENNESS : cause for removal from office ............................................ 449 DUPLICATE STATEMENTS : of result of canvass of votes, how, by, and to whom delivered, etc .......... 17o ELECTION BOARD (see inspectors of election). ELECTION COMMISSIONERS (see board of election commissioners). ELECTION DAY: registration of names on 91,97 bringing of liquors into polling place on, penalty 178 civil process not to be served on 225 penalty for sale of liquor on * 388-9 saloons, etc., to be closed on, arrests, penalty, etc 404 ELECTION DISTRICTS: division of, proceedings, how governed 142 in cities, council to provide by ordinance 142 when township may be divided into 260 boundaries, etc., of, entered on record of township board 261 notice of first election or township meeting, when given 261 who to constitute board of election inspectors in different 262 registration of electors in 265 canvass of votes in, by whom statement, etc., to be made 266 time of meeting of electors in, to transact business and canvass votes 267 division of village into 268-9 election inspectors in village, of whom to consist 270 when township board may abolish division of township into 273 each ward in fourth class cities, when to be 489 using voting machines may dispense with ballot clerks and gate keepers.... 555 ELECTION EXAMINERS: duty of, as to recount of ballots in contest of election 256 board of. of whom to consist, how selected 258 ELECTION EXPENSES: legitimate 381 ELECTION INSPECTORS (see Inspectors of election). ELECTION RETURNS : of the various representative districts, where made 585 of the senatorial districts, where made ... 587 INDEX. 259 ELECTION : Sections. of members of legislature, when held 20 of justices of peace 43 of circuit judges, providing for, canvass of votes, etc 39, 454-61 of probate judge, when held 42, 408 of electors for president, etc., when held 129, 218 candidate for, not to furnish entertainment, etc., to voters 180 county clerk to notify persons of 190 of county canvassers, when and by whom 238 when notice of first, in election districts be given 261 manner of, of election inspectors in townships having more than two districts 262 notice of first, in village districts, when given 270 of delegates to convention, ballot, tie, etc 290 notice of, to township office, when transmitted by clerk 336 of candidate who commits bribery, void ' 386 of county treasurer 405 of county clerk 409 of sheriff 411 of coroners 412 of register of deeds 413 of county surveyor 415 of circuit court commissioner, term of office, etc 421 of county commissioners of schools 428 in Chippewa and Lake counties 428 of county drain commissioner by board of supervisors 431 notice of, to fill vacancy of county officers 453 of regents, canvass of votes, statements, etc 462-5 justices of supreme court, canvass, vacancy, etc 468-75 of TJ. S. senator, act relative to 476-8 in cities of fourth class, what officers to be elected at in incorporated villages, when annual held 532 ELECTIONS : for provisions of U. S. constitution relative to, see appendix. who entitled to vote at proceedings relative to registration, etc 84-113 illegal voting at, penalty for notice of, to fill vacancy in certain offices duty of sheriff as to notifications of duties of township clerks or inspectors as to notifications of election inspectors to keep order, etc., at canvass of votes, how conducted, void ballots, etc I'd gate keepers, powers and duties at not to be held in saloons, changing of polling place intoxicating liquors, penalty for bringing, into polling place general, penalty for violating provisions of general, opening and closing of polls in cities and townships where unorganized counties considered organized for purposes of proceedings in cases of contested 233-o, in what manner, conducted by election inspectors first, in new townships penalty for neglect of officers to perform duties, etc canvass of votes at, in districts and townships illegal voting at, penalty for manner of conducting, in village districts in townships where division into districts has been abolished, how conducted act relative to holding of primaries in cities o? ballot boxes, seals, etc., penalty for violation p<* betting, selling pools, bribery, etc. |< <-- primary, act to protect and punish offenses at *yu-y in cities of the fourth class: electors in, wards may be divided into precincts 48 4- o annual city, when held, etc., special &j 1 -A - notice, opening of polls, inspectors, etc KIQ OR manner of conducting, result, in case of tie roo annual, in villages, when held ;?;*- special, how appointed, when held j^j* village, manner of conducting ; : .;. ? who may authorize the use of voting machines at township, city or village. . o ELECTIONS, GENERAL: 00 state officers elected at, term of office QS words, how construed 1 5^ when held - A~q when secretary of state to give notice relative to i o- notice of, choosing county officers duties of township clerks or inspectors as to notices of inspectors at, who to constitute, oath, etc division of township into districts to be made twenty days before nrst... returns of vote of certain officers cast at, when, to and by whom made. . . 182 263 264 265 266 267 271 273 1 QO ldy ' 138 ELECTIONS, MUNICIPAL: 927 9Q manner of conducting ................................................... " ELECTIONS, PRIMARY: Rin RR general law .................................................... ' ........ ' 260 INDEX. ELECTIONS, SPECIAL: Sections. registration board, meetings, etc., in cities and townships 88.95 in what cases may, be held 123 when, not to be held 125 when, to be ordered by board of supervisors 126 how conducted 127 relative to vacancies, when secretary of state to notify sheriffs duties of board of supervisors and county clerk as to 135 canvass of votes on constitutional amendments at 192 canvass of. to fill vacancy in office of state senator or representative 249 in fourth class cities, how called and by whom, etc 512-13 ELECTIONS, TOWNSHIP : manner of conducting 227-9 ELECTIONS, VILLAGE: duty of inspectors at first, as to registration 105 township clerk to furnish list of electors at first 105 council to determine result of 540 ELECTION SEAL : who to have charge of, etc 174 ELECTIVE OFFICERS: resignations of, how and to whom made 440 ELECTORS : qualifications of i privilege of, from arrest 5 registration of, act relative to 84-113 challenge of vote by 9g actual residence of, in township, etc., condition of registration 100 may demand certified copy of register of electors 102 penalty for fraudulent registration by 106 number of, to be recorded by secretary of state 109 re-registration of, in Wayne county 113 proceedings when, are challenged, oaths, etc 161-2 manner of voting by, straight and split tickets, folding of ballot, etc 163 voting by, incapable of marking ballot 16# proceedings, if, vote for more than one person 172 spoiled ballot 172 limit of time, may remain in booth 179 candidate not to furnish entertainment, etc., to 180 penalty for obstructing, etc ; 181 duty of inspectors when, are challenged 231-2 to vote in districts in which they reside i-A ^gi penalty for, receiving unlawful vote ^ at first village election, duty of |Y<* in new townships to constitute board of registration A** duty of, as to notification of election i* candidates for office not to act as when, chosen viva voce 1 o Q |V who to constitute, oath, etc v ;. -, A ooo to cause proclamation to be made on opening and closing of polls 1*0, i~- noon adjournment in townships, duty of, as to J*f when to designate one of own number chairman |^ when fully organized, may open package containing ballots J- to give receipt on delivery of ballots, etc j2x duty of chairman of, to procure ballots, etc . when none of board of, appear at county clerk's office, ballots may t patched by special messenger |g' at opening of polls, to appoint gate keepers delivering ballots to have at all times in hand twenty-five signed ballots 262 INDEX. INSPECTORS OF ELECTION Continued. Sections. one, designated to mark initials on ballot ................................ 159 package containing official ballots to be opened in presence of .............. 159 number of ballots delivered to, at opening of the polls .................... 159 to protect challenger in discharge of duty ................................ 160 one of, to deliver ballot to voter ........................................ 163 initials of, to show when ballot is folded .................................. 163 duty of, on receiving marked ballot, tear off corner, etc .................... 163 key, seal, etc., to be delivered to members of ............................ ., . 165 returning and opening of ballot box ...................................... 166 distribution of ballots by ................................................ 167 duties of, and challengers as to assisting certain voters .................... 169, 564 unlawful to influence voter .............................................. 170 duty as to unused and spoiled ballots ..................................... board of, duty, etc., as to canvass of votes .............................. 173 chairman of, to have charge of keys of ballot box .......................... 174 canvass of votes, duty as to statement, etc ................................ not to hold election in saloons, etc., changing of polls ...................... 177 penalty for use of liquors, or intoxication of, at polls ...................... 178 regulations as to time voter may remain in booth ........................ 179 duty of, as to canvassing, etc., of votes on constitutional amendments ...... 183 to place number before name of each voter .............................. 230 appointment and election of, in townships having more than two districts. . 262 who to constitute board of, in different election districts .................. 262 duties, powers and compensation of ..................................... 263, 354-5 duties of, as to canvassing votes in districts .............................. 266 duties of, as to consolidation of reports from district meetings .............. 267 in villages, who to be, compensation, etc ................................ 270, 534 duties of, as to conducting elections in village districts .................... 271 at primaries in cities, who to compose, vacancy, etc ...................... 279 duty as to challenged voters ...................................... 280 duty as to registering voter ...................................... 289 duty as to election of delegates to convention in case of tie .......... 290 when majority of, may adjourn township meeting, proclamation and notice, etc ....................................................... ; .......... 303, 304 at annual township meetings, same as at general elections ................ 319 in absence of town clerk, to appoint clerk of meeting, oath, etc ............ 321 authority to preserve order, etc .......................................... 327 to make certified statement of canvass .................................... 332-3 to determine choice by lot when candidates receive equal number of votes. . 334 of first township meeting, duty, etc ...................................... 369 duty as to offenses against elections ...................................... 375 at primaries, certain acts of, a misdemeanor .............................. 392 duty of, as to election, canvass, etc., of circuit judges .................... 455 regents of university, duty as to election of .............................. 464 duty as to election of supreme court justices, canvass, etc .................. 472 in cities of the fourth class, notices of special election delivered to ........ 513 proclamation of opening and closing of polls ....................... 516 who to constitute, etc ............................................ 517 chairman and clerk, etc .......................................... 518-19 in villages, to cause proclamation made at polls at election in .............. 537 duty of, at elections in, canvass of votes, etc ........................ 540 to receive instruction relative to operation of voting machines .............. 554 rules, etc., governing conduct of, etc., where voting machines are used ....... 556 duties of, as to instructions to voters and time voters may remain in booth. 561 duty of, in assisting elector where voting machine used .................... 564 statements relative to proposed amendments, etc., posted by, in polling places 583 copy of order for local option election, to be sent to ........................ 593 INSPECTORS OF PRIMARIES : in cities, election of, vacancy, etc. . 079 INSTRUCTION BALLOT: printed on red, etc., papers, who may procure for circulation ....... 154 INSTRUCTIONS : to voters, form of ballot ................................................ 152 printed, who to furnish, where hung, etc .................................. 168 in foreign language ..................................................... 168 for voters as to voting machines to be placed in booths, when and by whom . . 556 personal, how and by whom given where voting machines are used ...... 564 INTERPRETER : board of registration may employ .............................. 86, 95 election of additional, in certain counties ................................ 408 JUDGE OF PROBATE : when elected .................................................... 42 an election commissioner, chairman .......................... 147 statement of election sent by mail in care of ...................... 175 when member of board of district canvassers .................... .......... 194 petition by candidate intending to contest election made to.... 53 duty of, relative to contest of election ............................... 255 term of office, when elected ..................................... ......... 408 may appoint person to fill office of register of deeds in case of vacancv, etc. 414 Te county omcers ' bonds ....... circuit judges, election of, canvass of votes, etc ...... . 454 61 INDEX. 263 JUSTICES OF SUPREME COURT: Sections. number of, and term of office 37 when elected, vacancy, term, canvass of votes, etc. . 468-75 JUSTICES OF THE PEACE: election of, term of office, vacancy, classification, etc 43, 296, 298 may be appointed to fill vacancy in registration board 85 when to constitute member of board of registration 92 to act as inspectors of election 139 when to serve on board of registration 265 bond and oath of 298 designation of persons to fill vacancy of, on ballot 325 when, to enter upon their duties 337 when office of, deemed vacated 338 classification of, in new townships, manner of deciding 339-40 in case of election to fill vacancies, manner of deciding 343 resignation of, how made, where filed 346 town clerk to give notice to county clerk, of election of, term of office, etc. . 352 duty as to offenses against elections 374 supervisor to notify county clerk of vacancy in office of 442 removal of, for certain reasons, by whom , 446 two, to be elected at first election in cities of fourth class 496 when, in cities of fourth class to enter upon duties 499 in cities of fourth class, when and how to take oath of office and file bond. 501-2 K. KENT COUNTY: board of election commissioners in, who to constitute 147 KEY: to ballot box, who to provide, etc ' 144-5 of ballot box, to whom delivered 165-6, 174 L. LAKE COUNTY: county commissioner of schools, election of, etc 423 LEGISLATURE : when may rearrange senate districts and apportion representatives 12 election of members of, when held 20 In case of tie or contested vote, duty of 75 list of members of, to be forwarded to secretary of state 191 special canvass of vote to fill vacancy in, during session of 249 penalty for attempt to corrupt vote of member of, for U. S. senator 387 resignations from, how and to whom made 440 U. S. senator, when and how elected by 476-8 apportionment of representatives in 585 apportionment of senators in 586 LIEUTENANT GOVERNOR : in case of tie vote for, legislature to choose resignation of, to whom tendered 440 LIQUORS: 10A boards of registration not to meet where, are sold penalty for violation not to be taken into, or used in polling place, penalty, etc 178 penalty for sale of, on election day, or after polls close 388 3 places where, sold, etc., to be closed on election days 404 prohibition of sale of, in counties 5 of names for registration, duties of registration board ^ 4 " 1 ort of registration in cities, board to sign and file of presidential electors, when and to whom certified of persons voting at town meeting, to be kept by clerk rf^o LOCAL OPTION: -as ft nft law governing, elections 88 LOCKS: 1fi - R care of key, etc 16 Q _;5 on ballot boxes, penalty for breaking, etc *' LOT * drawing by, to determine election of county officers, etc in case of tie, village council to determine by M. MANNER OF VOTING : 1fta marking and folding of ballots ' MARKING OF BALLOTS: 1R o section relative to MEETINGS : fls Q _ of board of registration in cities and townships 88> -,o time and place of, of board of district canvassers JJJ> of board of county canvassers -? for registration of electors, how often held district, notice and time of holding l*'*ii * . OR? district, of electors to transact business and canvass votes, time of ^OT 2 6 4 INDEX. MESSFNCFR* Sections. when' special, may be dispatched with ballots to voting precinct to file receipt and affidavit after delivery of ballots secretary of state may send special, for statement of votes MILITARY DUTY: R elector exempt from, on day of election MISDEMEANOR: . nft violation of registration laws deemed a |U bringing liquors, etc., in polling place a attempt to identify ballot of elector deemed a when clerk of county canvassers guilty of to solicit money, or influence voter at city primaries OQC for delegate to convention to solicit candidate who deemed guilty of, as to offenses against primaries <* JU when candidate or delegate guilty of a disturbance at election, etc., a MONEY : oo- offering or soliciting, at city primaries a misdemeanor -o soliciting of, by delegate to convention, unlawful Q -Q 5 penalty for betting, $100 more or less upon election g< refraining to vote for, or receiving, penalty OQO delegate at primary accepting, guilty of misdemeanor o g penalty for soliciting or offering, at political conventions MUNICIPAL ELECTIONS: manner of conducting ^ ' N. NAMES' : registration of, of electors in cities and townships 88, 95 registering of, on election day 91, 97 not entitled to registration in townships of electors dead or removed, how marked on register order of placement of, on ballot for November and April elections of candidates, when and by whom furnished commissioners of electors transcribed from township to district register 265 and addresses of persons elected or appointed, returned to county clerk .... 351 NATURALIZATION : of aliens (see appendix). NEWSPAPERS : notice of meeting of board of registration to be published in determination of district canvassers to be published secretary of state to publish certificates of election in county canvassers to publish result in statements relative to proposed amendments, etc., when published in 583 NEW TOWNSHIP: first election in, place of meeting, etc 369 NOMINATION : political, act to prevent betting upon result of, penalty, etc 378-9 of candidates for local offices, caucuses, when to begin, etc : 398 NOMINATION OF PARTY CANDIDATES : act relative to direct 610-66 NOMINEE : of two parties, to give notice specifying choice, how given for ward office, how elected, etc., at primaries names of, to be arranged, etc., in connection with voting machines, by whom 550 NOON ADJOURNMENT: of the polls, in townships in townships, certain section not to apply to 182 NOTICE : board of registration to give 80 boards of registration in cities to give, of meeting, etc what to contain, how given, etc 89 of registration in villages 95 of meeting of board of registration in new townships 119 of election to fill vacancy in certain offices, when and by whom given 131 when secretary of state to give, relative to general election 132-3 from sheriff relative to elections, what to contain 136 of holding election, when given, what to contain 137-8 by nominee of two parties, to specify choice, how given 148 of changing of polling place, how and by whom given 177 of vacancy in office of congressman, to whom given, etc 217 to candidates of recount 246 candidate filing petition for recount of ballots to give opposing candidate. . 252 of division of townships into election districts, posting and publication of. ... 260 of changing election districts, what to contain, when posted 261 when, of first election in election district to be given 261 of meeting for registration of electors 265 in districts 265 of division of village into districts, when posted, etc., what to contain 268 of first election and first appointment in village districts, when given 270 of time for holding primaries in cities, by whom given of special township meeting, when town clerk to give 315 as to classification of justices in new townships, when and by whom served. what to state 339 INDEX. 265 NOTICE Continued. of first township meeting, how given, etc. bectlon |a of holding caucuses, how given, etc ____ .......... xxz and county Oflice5; ' whVtt *- ":":::.:"..: :s, 11! . . . of registration in new wards in fourth class cities.'! of special election in fourth class cities, by whom given,' 'contents ' etc ' ' special - by whom ani1 <"-> '-* ' ' special - whomgiTen county clerk to give secretary of state to make and deliver to persons .' .' .' .' ' .' .' .' .' .' .' .' 209-11 NUMBER : on ballot, on upper right hand corner ................. 15 <> of ballot voted to correspond to same on poll list inspectors to place, before name of each voter ......... !.!!!!!!!!!!!!!!! 230 O. OATH: constitutional, form of ............................... 73 registration board may require applicant to take 86 of elector registering on election day, by whom given, etc 97 of members of board of registration ...................... HI of inspectors and clerks of election ..................... ..... 141 093 053 of gate keepers at election ............................... ........ ' 158 tendered to challenged voter .................................... ..... .161 280-1 taken by person appointed on board of registration ............... 265 of justice of the peace, when taken ............................... 298 taken by township officers, with whom filed, by whom certified, etc!..'!!! 335 of office by certain county,, officers, when subscribed, with whom filed ...... 416 of office of circuit court ' commissioner .............................. 424 county commissioner of schools to file, with county clerk ____ .............. 428 of office of state highway commissioner ........ 479 OFFENSES : against registration laws, jurisdiction of courts in ........................ 107 against election laws, penalties, etc ................................ 370-6 OFFICERS : to be elected at general election .......................................... 122 county, special elections of, by whom ordered .............................. 126 term of office of elective ................................................ 226 primaries in cities for choosing .......................................... 274 elected at town meetings, at one o'clock, viva voce vote, etc ................ 328 at elections, penalty for neglect to perform duties, etc .................... 370 penalty for betting on result of election of ................................ 377 when certain county, to give bonds, with whom deposited .................. 417 OPENING : and closing of polls in counties where all precincts have voting machines. . 143 of ballot box when seal broken, etc ...................................... 165-6 and closing of polls in cities and townships .............................. of fourth class ................................................... 516 OVERSEER OF HIGHWAYS : election of, term of office, number of ................................ 53, 296, 316 appointment of, to fill vacancy .......................................... 317 when, to assume duties of highway commissioner .......................... when, elected at township meeting to file notice of acceptance .............. 336 penalty for refusing to serve as, when exempted from penalty ............ 344 P. PACKAGE : containing ballots, how wrapped, tied, sealed and delivered, etc .............. 156 containing official ballots, when and how opened .......................... 156, 159 PAMPHLETS : number of, showing result of votes at April election, by whom printed and mailed .............................................................. 582 PARTY ORGANIZATION: committee of, may direct holding of primaries in cities by voting precincts. PARTY PRIMARY: ward or precinct failing to hold, at designated time not to be represented at election, etc ....................................................... clerk to be notified of time of holding .................................. PARTY REGISTRATION : in wards, at primaries in cities ........................................ PARTY TICKET: place of, on ballot, how governed ........................................ how marked, folded, straight ticket, etc .................................. PASTERS : furnished when name omitted from ballot ................................ 266 INDEX. PENALTY : Sections. for making false statement for registration 86-7 for fraudulent registration 94-7, 106, 108 for illegal voting 99, 372 for false entry on register of electors 101 for mutilating register, or forging name registration boards not to meet where liquors are sold, for violation 121 of challenged elector swearing falsely for bringing liquors into or using, in polling place 178 for violation of provisions of general election law for exposing or identifying ballot of elector 232 for violation of act by board of county canvassers 243-4 for violation of city primary act 294-5 for certain township officers neglecting to qualify or refusing to serve for disorderly conduct at township meetings 357-61 for wilful neglect of duty under election laws 37O for attempt to bribe elector for aiding, procuring, etc.., unqualified voter for violation of ballot box 374 for betting, etc., on elections 377-9- for offering position, or corrupting voters, etc 380-4 for sale, etc., of liquors on election day 388. 404 for violation of act for protection of primaries 391-2 for violation of act, relative to political delegations 399-402 for causing disturbance at election, etc 403 PENCILS : to be furnished each voting precinct 155-6, 159- PERFORATED CORNER: of ballot, where numbered, etc when torn off, initials not to be placed on 159, 163 PETITION : in case of contested election, what to state, etc of aggrieved candidate, when and where filed 245. for corrections of canvass, etc., when and to whomjjpade, etc., what contain. 252, 254 to submit question, of prohibiting liquor traffic, to^electors 59O POLITICAL COMMITTEES : in townships, cities and villages, duties of not required to furnish vignette when to furnish names of candidates 229 time of holding primaries in cities determined by 27$ POLITICAL CONVENTIONS (see conventions). POLITICAL PARTIES: state committee of, to prepare and adopt vignette, specifications for place of candidates of, on ticket primaries in cities for choosing candidates of, how construed.... where and when held not to hold primaries in cities on same day 283 act to protect primary elections of, and punish offenses 389-97 POLL LISTS: right of challenger to inspect clerks to compare to be placed and locked in ballot box to be compared before canvass is made 173 where delivered and filed 184 inspectors to number name of each voter on when may be produced in court 233 for each district, where deposited etc., used at election in village districts, when and where deposited ballots to be counted and compared with at local option election, duty of inspectors relative to 596 copy of, made by town, city and county clerks, compensation for 604 POLLING PLACE: instructions to voters hung in 168 unlawful to have, in saloon or bar room, changing of 177 time of meeting of electors at, of district to transact business, etc 267 at primary elections, how may be arranged statements relative to proposed amendments, etc., to be posted in, by whom 583 POLLS : opening and closing of, proclamation, etc 143, 322 noon adjournment, in townships 143 opening and closing of, in counties where all precincts have voting machines 143 examination of ballot box before opening of 145 canvass of votes immediately after closing of 173. opening and closing of, in townships and cities 182 unlawful to sell liquor on election day after, close 389 in cities of fourth class, opening and closing, proclamation, etc 516 opening and closing of, at village elections 537 instructions for voters as to voting machines to be placed in booth before opening of 556 POSTED : notices of meeting of registration board in cities to be 88, 89 notice of changing of polling place to be 177 notices relative to division of townships into districts to be 260- notices relative to division of village into districts, when and where 268- notice of township meeting in new township 369- INDEX. 267 POUND MASTERS: Sections. how and when elected, number of, term of office .......................... 300 when, elected at township meeting to file notice of acceptance ...... 336 penalty for refusing to serve as, when exempted from, penalty 344 PRECINCTS : voting, when may be divided, proceedings, how governed .................. 142 in cities, council to provide by ordinance ......................... '. 142 opening and closing of polls in counties, where all, have voting machines.. 143 chairman in each voting, to procure ballots, etc., from county clerk ...... 156 inspectors of, number "one," duties of, as to consolidation of reports from districts ............................................................. 267 when village may be divided into .......................... 544 PRESIDENTIAL ELECTORS : election of, when held .................................................. 129, 218 statement of votes for, by county canvassers .............................. 185 when state board to canvass votes for .................................. 210 number of, state entitled to\ ..................... ....................... 218 vacancy in office of, how filled .......................................... 219 when and where to convene ...................... ....................... 219- list of, to be certified by governor to secretary of state of the U. S ......... 220 how arranged on voting machines, etc .................................... 547 PRIMARIES : in cities of over 15,000 and under 150,000, act relative to ................ 274-95 word, how construed, etc .......................................... 274, 394 where held, etc .................................................. . 275 time of holding, by whom determined, notices, etc .................. 27$ booths, who to provide ........................................... 277 time of holding .................................................. 278 who to preside at, inspectors, who may vote at, etc .................. 279-81 no two parties to hold, on same day, duty of chairman .............. 283 council may cause political parties to hold, at certain time .......... 284 misdemeanor to solicit money, influence voter, hire carriage, etc ...... 285-6 proxies not to be given by delegates, how elected .................... 287, 290 registration of voters ....... ...................................... 289- how cities of less than 15,000 may conduct ........................ 291 acts to remain in force, penalties for violation of acts ............ 292-5 ballots at, destroying, etc., of, misdemeanor .............................. 390 oath of inspectors, challenge of voters, etc ................................ certain acts of inspectors at, a misdemeanor .............................. delegates, certain acts a misdemeanor ...................... .............. who may vote at any ............... . .................................. not to be held in saloons, etc., polling places .............................. when to begin, notice, etc., manner of voting, etc .......................... PRIMARY ELECTION LAW: for nomination of candidates, etc ........................................ 610-66 PRIMARY ELECTIONS: act to protect and punish offenses committed at .......................... use of voting machines at, authorized .................................... 570-5 PRINTED INSTRUCTIONS : to voters, who to furnish, languages, etc .................................. unlawful for, to print ballot in other form, etc., than prescribed .......... 154 PROBATE JUDGE (see judge of probate). p-pOr^T A -\ir A T~i T (") "V" to be mad'e on opening and closing of polls ............................ 143, 321, 53T of changing of polling place to be given ................................ 1T7 to be made on change or adjournment of township meeting ................ of opening and closing of polls in fourth class cities ...................... 516 PROOF COPY: of ballot, when placed on inspection ................ .................... PROSECUTING ATTORNEY : election of, term of office ................................................ arrests for offenses against elections reported to .......................... 37f commission of, appointed by governor to be transmitted to county clerk.... 418 vacancy in office of, may be filled by circuit judge ........................ 450; and county clerk may appoint to fill vacancies in certain county offices ---- 4oO TDTD O'V'V delegates to political conventions not to give .............................. 287, 399 PUBLICATION : 01 - of certificate of election by secretary of state .............................. of notice of division of township into election districts .................... of notices relative to division of village into districts, when and where ---- .. of statement relative to proposed amendments, etc., how and by whom made Q. QUALIFICATIONS: 1 . of electors ............................................................ '-. of electors for registration in new townships ............................ **" issue formed to determine, of elector .................................... -*(* of voters and officers in townships ....................................... * of electors at school meetings ............................................ %g* penalty for swearing falsely as to, at primaries ............................ ji to vote at primary election .............................................. of circuit court commissioner ......................... ............... necessary for holding office of county commissioner of schools .............. for office ........................................................ of electors at local option election, registration, etc ........................ w 268 INDEX. QUORUM : Sections. of board of election commissioners 147 when township board reduced below, or disorganized, etc 310 R. RAILING : or fence to be erected in voting room, who to provide and erect 158 ballots not to be given on outside of 167 at elections, duty of gate keepers as to admitting voters 176 RECEIPT: inspector of election to give, on delivery of ballots, etc 156 person receiving ballots from special messenger to give, where filed 157 for unused and spoiled ballots to be given 172 RECORD : of votes to be made by secretary of state 202-3 boundaries, etc., of election districts to be entered on, of township board. . 261 abolishing division of townships into districts, action entered upon 273 made of statement, etc., relative to results, etc., of canvass 333 RECOUNT : proceedings by county canvassers in case of 245-8 proceedings for making, of ballots 252, 256 petition for, of ballots by candidate contesting election 253 REGENTS OF THE UNIVERSITY: number of, when elected, term of office, vacancies, etc 67 election, canvass of votes, term, etc 462-5 REGISTERED MAIL: copy of statement of election forwarded by 175 REGISTER OF DEEDS: election of, term of office when offices of, and clerk may be united or disconnected . . . . : 47 term of office, when elected, to give bond 413 vacancy in office of, how and by whom supplied 414 how and when may be filled temporarily , 450 REGISTER OF ELECTORS: who to provide, how arranged, etc 84, 112 in cities, board to sign and file with city clerk < 90 when clerk to deliver, to election inspectors 91 names not to be entered in 96 when township clerk to deliver, to election inspectors 97 deceased and removed electors, names, how marked on 101 elector may demand certified copy of penalty for mutilating or forging name upon 103 copies of, to be filed with county clerk and township treasurer 104 how made up, at first elections in villages 105 district, where deposited 265-6 etc., used at election in village districts, when and where deposited 271 REGISTRATION (see also board of registration), act relative to, of electors and to preserve the purity of elections 84-113 in cities, how made, who not entitled to, etc 86-7 of names on election day * 91, 97 in townships in 1859 93, 94 in townships, who not entitled to, penalty for fraudulent, etc residence of elector a condition of 100 in new villages 105 penalty for fraudulent 106 jurisdiction of courts for offenses against, laws 107 in Wayne county 113 act to provide for, in new townships 114-19 of electors in districts .... 265 of electors in villages, how conducted. 272 for local option election, how conducted of women 366 REGISTRATION BOARD (see board of registration). REMOVAL : of challenger 160 of certain state and county officers, by whom 444-9, 453 REPRESENTATIVE (DISTRICTS : cities or townships not to be divided in formation of 11 duties of board of supervisors as to dividing county into when legislature may rearrange 12 statement of votes in, what to set forth 186 REPRESENTATIVES IN CONGRESS: statement of votes for, by county canvassers 185 when elected 217 resignation of, notice, where filed 217 REPRESENTATIVES, STATE : qualifications of 13 election of, when held 20 statement of votes for, by county canvassers .' .' 135 proceedings in case of tie vote for 240 special canvass for, to fill vacancy , 249 resignation of, how and to whom made ' .' 440 apportionment of 585 INDEX. 269 RE-REGISTRATION : Sections. in Wayne county, when made, etc 113 in cities of the fourth class 491 RESIDENCE : what deemed, of electors . 2 not gained or lost by reason of employment in state or U. S. service 2 of elector a condition of registration 100 of electors in cities of fourth class 484 RESIGNATIONS : of township officers, how made, where filed 346 of justice of the peace , 346 how and to whom made, vacancy, how filled 440-1 RETURNS : blanks for making election, when, by and to whom furnished 250,251 proceedings for correction of frauds, etc., in, made by inspectors 252 of names, of persons elected or qualified, to county clerk 351 as to election for justice supreme court 474-5 county clerk to make, of vote of certain officers at general election, when and to whom . .' 581 S. SAILORS AND MARINES: may acquire residence at Soldiers' Home, where located 2 when deemed non-resident 2 SALOON : registration boards not to meet in, or adjacent to elections not to be held in, change of polling place 177 to be closed on election day, penalty primary election not to be held in 397 to be closed on certain days and hours 404 SCHOOL ELECTIONS : qualifications of voters at 364 SEAL : election, who to furnish, what to contain, etc election commissioners to provide themselves with 156 on package of official ballots, to be kept intact election, who to keep, etc 165, 174 on ballot boxes, penalty for breaking, etc 374 SECRETARY OF STATE : to keep record of registered electors 109 when, to give notice of election to fill vacancy when, to give notice relative to election of state officers, etc 132, 133 when, to notify sheriffs relative to special elections to fill vacancies impression of vignette, etc., when filed in office of 150 to certify to submission of constitutional amendment to furnish printed instructions to be furnished with list of officers elected to be furnished copy, determination of district canvassers 200 to record statement of votes 202-3 to appoint meeting of state board of canvassers to make record of state canvass to notify persons elected 209-1 to cause amendments to constitution published with laws shall publish determination of state canvassers to be notified of resignation or death of congressman county clerk to send copy of county canvass to to furnish blanks for making election returns, when and to whom when county clerk to transmit to. certified list of certain officers 411 county clerk to report appointment of county drain commissioner to 43J statement to be made to, when vacancies in office occur vacancy in office of, how filled 4o2 one of state canvassers, certificate filed with, etc 475 duty as to election of U. S. senator 4<8 duties of, as to supplies, etc., used in connection with voting machines.... ODS districts using voting machines to notify returns of vote of certain officers at general election made to, when and by number of 'pamphlets 'printed by, 'showing result of votes at April election.. duties of, as to publicity of proposed constitutional amendments, etc to prepare blank statements, poll books, for local option election SENATORIAL DISTRICTS : when county may be divided into when legislature may rearrange ** statement of votes in, what to set forth SENATORS. STATE : iq qualifications of . election of, when held - , proceedings in case of tie vote for 5*5 special canvass for, to fill vacancy resignation of, how and to whom made apportionment of SERVICE OF PROCESS: not to be made on election day 270 INDEX. SHERIFF : Sections. election of, term of office, security, etc 47, 49. 411 duty of, as to notification of election 136-7 when member of board of district canvassers 194 compensation of, for election services 223 duty as to offenses against elections 375 vacancy in office of, how and when may be filled temporarily 450 to notify clerks of election of circuit judge 457 SLIPS : pasted on ballots, how counted, etc 163 when, used in case of tie of delegates, etc., at city primaries 290 SPECIAL CANVASS: for state senator or representative to fill vacancy 249 SPLIT TICKETS: how marked, folded, etc 163 SPRING ELECTION: registration board, meetings, etc., in cities and townships.. 88,95 STATE BOARD OF EDUCATION : members of, when elected, term of office, duties, etc 69,466 STATE CANVASS: how and when made 201-13 STATE CANVASSERS (see board of state canvassers). STATE EMPLOYES: not deemed to have gained or lost residence 2 STATE HIGHWAY COMMISSIONER: office of, made elective in 1913 479 STATEMENT : of result of canvass, how prepared, etc of county canvassers, what to contain 185, 239 of votes by district canvassers 186, 198 canvasser's, how made up and certified 187 where filed 187 to be delivered by county clerk to district canvassers 197 of state canvassers, what to show 206-7 as to canvass of votes, what to contain, when and by whom made and certified 266 when made and certified as to result of election in village districts, where deposited 271 made after canvass completed, by whom, what to contain, where recorded. 332-3 of election of circuit judge, where returned, etc 458-9 of election of regents, how and by whom made 464-5 of result of election for justices of supreme court 473-i of votes, by election inspectors of village elections 539 STATE OFFICERS: to be elected at general biennial election, term of office 23, 72, 226, 479 statement of votes for, duties of county canvassers as to resignation of, where made, vacancy, how filled 440, 443 removal of certain, by whom 444-5 STRAIGHT TICKET: how marked by voter, folding of, etc to be canvassed first, what ballots void STUDENT : at seminary, residence not gained or lost SUPERINTENDENT OF PUBLIC INSTRUCTION: election of, term of office 467 SUPERVISORS (see also board of supervisors). election of, term of office 46, 296, 300 to constitute member board of registration 84. 92 to act as inspector of election when, to act as chairman of board of election inspectors duties of, as to classification of justices in new townships 339-42 when to act as moderator of township meeting, duties, etc 357-61 to notify county clerk of vacancy in office of treasurer or justice of the peace r in fourth class cities, one of election inspectors 517 T. TALLY SHEET: and ballots to be placed and sealed in ballot box and copy of statement of election to whom sent 175 TERM OF OFFICE : of elective officers 23, 72, 226, 434-5, 479 TICKETS (see ballots). TIE VOTE : when, for governor or lieutenant governor, legislature to choose 75 in case of, where drawing to take place in case of, how election determined proceedings in case of, in county offices, legislature 240 proceedings in case of, at city primaries 290 in case of, in cities of fourth class in case of, at village elections, council to determine by lot 541 INDEX. 271 TOWNSHIPS : Sections. when, are entitled to more than one representative 11 number of justices of peace in 43 board of registration in, who to constitute, etc 84,92 registration in, session of board, power, duties, etc 95 in new, who to constitute board of registration 114 opening and closing of polls in, and cities 182 noon adjournment, certain section not to apply to who to constitute board of election commissioners in 228 duties of 228 when, may be divided into election districts ... 260 combined result of district reports to be official canvass of 266 when township board may abolish division of, into election districts 273 new, classification of justices of the peace in 339-40 who eligible to hold office in 352 TOWNSHIP BOARD: duties of, as to dividing township into election districts 142, 260-1 to be board of election commissioners 228 duties of 228 when, may appoint election inspectors when to appoint person instead of justice of peace on registration board . . when, may abolish division of townships into election districts when disorganized or reduced below quorum, vacancy how filled on request of twelve electors, may call special township meeting may appoint temporarily to fill vacancy in certain offices 348-9 when, may purchase voting machines 546 TOWNSHIP CLERK: election of, term of office. 53, 296. 300 to constitute member board of registration 84, 92 when to deliver register to election inspectors when to deliver and certify to copy of register of electors 102,104 to forward secretary of state number of registered names duty of, as to notification of election to act as inspector of election to provide ballot box, key, election seal, etc printed instructions to voters furnished to have charge of ballot box duty of, as to duplicate statements of result of election poll lists to be delivered to, and filed by when order for special township meeting to be filed in office of to keep minutes, etc., and list of persons voting at town meeting. to record proceedings during business adjournment at town meeting oaths taken by township officers to be filed with and recorded by when, to notify persons elected at township meeting duties of, as to classification of justices in new townships certain duties of, relative to elections 3oO-2 to give notice to county clerks of the election of justices of the peace 3o2 notice of, of election for circuit judge 4o7 copy of order for local option election to be sent to duty of, relative to poll list and statement of local option election when to make copy of poll list, fee for TOWNSHIP ELECTIONS (see elections, township). TOWNSHIP MEETING: annual, how construed board of registration, meetings, etc., of, when held, officers elected at election inspectors at, same as at general elections when notice of first, in election district to be given . 2Gi where held, when may be changed, proceedings, etc 302-4 adjournment of, from time to time, when purpose other than election of - officers miSmn first, after organization, when held, officers elected, etc o A town clerk to keep list of voters, minutes of proceedings, etc 320, 35 polls, when opened, proclamation, etc g^r- challenges at, governed same as at general elections appropriation of money and election of officers at, by viva voce vote g^ when clerk to notify persons elected at {j* who qualified to vote at gr first, in new townships, notice, place of holding, etc TOWNSHIP MEETING, SPECIAL: when may be called to fill vacancy call of. on signed request of twelve electors, mode of procedure order for, what to specify within what time, shall be called after order made ale TOWNSHIP OFFICERS: when, elected at township meetings to take oath of office OCK penalty for certain, neglecting to qualify wSS compensation of the various . o-n increase of, upon ratification of electors resignations of, how and to whom made removal of. for certain reasons, by whom 272 INDEX. TOWNSHIP TREASURER: Sections. election of, term of office 53 to constitute member of board of registration 84. 92 township clerk to file copy of register with 104 election of, term of office 296, 300 vacancy in office of, town board may fill temporarily 349, 442 U. U. S. CONSTITUTION: provisions of (see appendix). UNITED STATES SENATOR: penalty for attempt to corrupt vote of legislator for 387 election of, by legislature, vacancy, etc., relative to 476-8 UNUSED BALLOTS: who to preserve, etc 172 V. VACANCY : in office of sheriff, in default of security 49 in office of regent of the university, filled by governor 67 in board of registration in cities, how filled, etc 85 in new township, how filled 118 when notice of election to fill, in certain offices be given 131, 134 how special election may be called to fill 135, 310 when, to be filled at general election, when notice to be given 138 in office of congressman, notice of, by whom given 217 in office of presidential electors, how filled 219 term of office of persons elected to fill 226 on board of county canvassers, how filled 238 special canvass to fill, in office of state senator or representative 249 in board of primary inspectors, how filled, etc 279 to city or county convention, how filled 287 in the various township offices, term of office, etc 298, 301 manner of classifying justices in case of election to fill 343 in certain town offices, how filled temporarily 348-9 in political delegations, how filled 399 in office of county treasurer, how and by whom supplied 406 in office of register of deeds, how and by whom supplied 414, 450 term of office of county officers elected to fill, when to commence 420 in office of circuit court commissioner, how filled 426 in office of county commissioner of schools, how and by whom filled 430 in office of county drain commissioner, how filled 431 in office of mine inspector, how filled 434, 436 in office, statement of, to be filed in office of secretary of state 441 in certain state and county offices, how filled 443-4 in office of county clerk or prosecuting attorney, how filled 450 in certain state offices, by whom filled 452 appointment or election of county officers to fill 453 in office of justice of supreme court, how filled 471 in office of U. S. senator, how filled, etc 477 in office of state highway commissioner, how filled 479 in offices in cities of fourth class, when and how filled 506-8 in fourth class cities, in election inspectors 517 person elected to fill, for less than full term to be designated on ballot 538 VIGNETTE : of political party, copy of, to be forwarded to election commissioners to be adopted by political parties, size, etc impression of, when and where filed how may be changed , township, city or village committees, not required to furnish 228 VILLAGES: registration of electors in 92, 105, 272 who to constitute board of election commissioners in 228 duties of 228 division of, into election districts 268-9 manner of conducting elections in, districts when may be divided into voting precincts 544 VILLAGE CLERK: to give notice of election statement of votes and certificate of election to be filed with to make duplicate certificates of election, where filed to notify persons elected or appointed 542 VILLAGE COUNCIL: to appoint election commissioners, provide ballot boxes, etc to determine result of election 540 in case of tie at elections, to determine by lot 541 when may authorize the use of voting machines at village election 546 VILLAGE OFFICERS: number of, elected or appointed, term of office, etc 527-31 VILLAGE TRUSTEES: duties of, and president as to dividing village into election districts 268 VIVA VOCE VOTE: inspectors of election, when chosen by when overseers of highways may be elected by business transacted at town meetings by 328 INDEX. 273 VOTERS (see also electors). instructions to, form of ballot, etc assistance of, in preparation of ballot printed instructions, by whom furnished, etc unlawful to influence instructions for, information when, by whom and to whom delivered instructions for, as .to voting machine and time, may remain in booth .... unable to vote intelligently, by whom and how assisted VOTES : statement of, by county canvassers statement of, by district canvassers canvasser's statement of, how made up, filed, etc district canvass of, when and where made recount of, by county canvassers 245-8 canvass of, in districts, certified statement to be made 266 canvass and result of, on questions submitted to electors at district meetings 267 canvass of, in village districts 271 canvass of, at township elections 330 canvass of, for circuit judge 458 for regents, canvass of 464-5 canvass of, for supreme court justices 473-5 returns of, of certain officers at general election, when, to and by whom made 581 VOTING MACHINES : closing of polls in counties where all precincts use 143 who may authorize the use of, at township, city or village elections 546,576 purchase and use of 546-80 how constructed, how used by electors 547 payment for, by bonds, etc., by whom 549 supplies, rules and instructions in connection with use of, by whom fur- nished 550, 568 ballot labels for 551 model of, to be set up and operation of, explained to voters preparation of, by county clerk, sealing 553 custodian of, appointment and duties 553-4 instruction to inspectors, relative to operation of instructions for voters as to using, to be placed in booths assistance given voters where, are used statement of votes shown by, when to be ascertained and proclaimed 56 ?;I districts using, to notify secretary of state K A f use of, at primary elections 57U-D W. WAGER : on election, penalty for 377^9 WARD COMMITTEE: notice of time for holding primaries in cities given by one of, in city primaries, one of board of inspectors 279 WARDS: 1AA residence in, condition of registration primaries in cities, held in, at same time ,100 change of boundaries not to affect aldermen electors in, division of, into precincts, etc AOO-M registration, election districts, new, etc AQR two aldermen elected in each WAYNE COUNTY: re-registration of electors in, when made board of election commissioners in, who to constitute nominee in, of two parties to give notice specifying choice failure to give, name how placed committees, to forward vignette and names of candidates to election com- missioners who to constitute board of county canvassers in act for approval of county officers' bonds, not to apply to 439 WOMEN : may vote in certain cases 00* qualifications of, voters 35 INDEX TO THE PRIMARY ELECTION LAW INDEX TO PRIMARY ELECTION LAW The references are to compiler's sections. ADVERTISEMENT : p . t}oi in papers, restriction placed on candidate fi^fi fj^q AFFIDAVIT : D> oa enrollment by fi1Q APPORTIONMENT : of delegates to state convention, who to determine 627 conduct of, officers nominated, etc 61066 state convention held within forty days after '.'.'.'.'.'.'.'.'.'.'.'. 652 BALLOTS : form of, color of, etc 304 submitting proposition, form, color and size when more than one proposition submitted 624 instruction, number printed, color . . . . who to prepare, what to contain, colors, etc '. 628 place upon, for writing names of proposed county delegates 629 preparation of, in cities where officers not elected at November election.... 630 preparation of, by board of election commissioners, how governed 630 for political party, number to be printed 631 how prepared, numbered, etc 633 official primary, form of 633 elector to state, desired 643 cas^ by challenged elector, record to be kept of 643 folding of 644 penally for exposure of 644 rejection of 645 counting of ' 645 printing: of names on 650 BALLOT BOXES: provision for 611 etc., returning of f 646 when, to be opened in case of recount 649 BANNER : campaign, unlawful to post 656 unlawful to distribute, etc., above certain size 657 BLANK BALLOTS: to be prepared, when used, etc 628 BLANK FORMS : of nomination petitions, county, etc., clerks to prepare, etc 639 BOARD OF CANVASSERS : to certify nominee to election commissioners 648 duty of, relative to recount 649 BOARD OF ELECTION COMMISSIONERS: to prescribe size, etc., of ballots 624 to prepare, etc., ballots 628, 630 duty of, in certain cities. 63C how governed in preparation of ballots 63( number of delegates each election district entitled to, to be certified to new parties to certify to, number of ballots necessary 633 duty of, relative to delivering ballots, etc., to county clerk to certify names of certain delegates to county clerk duty of, relative to printing names on ballot 650 BOARD OF ELECTION INSPECTORS: to constitute enrollment board when, may enroll elector on primary election day re-enrollment by voter changing party affiliations 278 INDEX. BOARD OF STATE CANVASSERS: Sections. who to appoint meeting, of .............................................. 647 how to proceed in canvass of votes for U. S. senator, governor, etc .......... 647 to certify nominations ................................................. 648 C. CALLS : for state convention, when issued, etc .................................. 652 CAMPAIGN CARDS: unlawful to distribute, etc., above certain size ............................ 657 CANDIDATES : for circuit judge, election of, when held, etc ............................ 624-5 for city offices, when nominated .......................................... 625 sum paid by, in certain cities previous to printing of name on ballot ...... 636 unlawful for, to procure more than maximum number of names on nomi- nation petition ...................................................... 639 list of, to be publicly exposed .......................................... 640 secretary of state to certify names of, to boards of election commissioners. 640 not deemed nominated when party vote less than fifteen per centum of preceding election ................................................... 646 notice to opposing, in case of recount .................................... certain, names of, certified to election commissioners ...................... 650 when nominated by more than one party ...................... .- ......... 650 for county officers to elect chairman and secretary of county committee . . 650 unlawful for, to post card, banner, poster, etc .......................... 656-7 unlawful to solicit money, etc., from .................................... restriction placed on, in advertising .................................... 659 unlawful for, to treat ................................................ 660 CANVASS OP VOTES : and return of votes cast at primary submitting question .................. 624 how made for candidates in judicial districts ............................ 624 law regulating ........................................................ 611, 647 CARDS : campaign, etc., unlawful to post ........................................ 656-7 printing of, by county clerk, what to contain, etc .......................... 664 CERTIFIED COPIES: of votes for certain candidates to be transmitted to secretary of state ...... 647 CHAIRMAN : duty of, relative to charge of enrollment board .......................... 617 of enrollment board, duty of, relative to enrollment ...................... 618 of township, etc., committee to notify delegates elected to convention ...... 627 of county committee, when to certify number of delegates to county con- vention ...................................... ....................... 630 of county committee, how and when elected ............................ 650 CHALLENGE : of voters at primary .................................................. 643 CHALLENGERS : powers of ............................................................. 644 CIRCUIT JUDGE: nomination of, how made, date of, etc .................................. 624-5 when secretary of state to canvass vote relative to direct nomination of. . 624 CITIES : primaries in, when effective ............................................ - 610 enrollment in ......................................................... 613 certain, subsequent submission under direct nomination system by .......... 621 under commission form of government, primary act not to apply to ........ 625 certain, officers nominated at primaries .................................. 626 having no wards, delegates elected from entire city ...................... 627 nomination petitions of local officers in certain, time set for filing ........ 640 certain, time polls left open .......... .' ................................. 641 not adopting certain provisions to nominate in conventions ................ 650 nomination of party candidates in certain, provisions governing .......... 653 CITY CLERK : nomination petitions in certain cities addressed to ........................ 622 when certain duties of, performed by secretary of state .................. 624 primary election, notice of, when given by, submitting direct nomination .... 624 duty of, relative to nomination petition ................................ 624 primary election ballots to be filed with ................................ 631 nomination petitions of city officers to be filed with ...................... 636-7 to prepare, etc., blank forms of nomination petitions ...................... 639 to prepare, etc., list of candidates ........................................ 640 duty of, relative to delivering of register of electors, etc .................. 664 CITY OFFICE : direct nomination of party candidates for, submission of question .......... 621 petition relative to nomination in certain cities to, where addressed ...... 622 CITY OFFICERS : nomination of, at primaries ............................................ 626 __ signatures required upon nomination petitions of .......................... 636 L L I'.IxK : extra, for enrollment day ........... 614 COMMISSION FORM OF GOVERNMENT: COMMITTEES** 6 *' prim&ry act U0t to apply to ............................... 625 county, how chosen, etc ............................ . ................... 650-51 INDEX. 279 COMMON COUNCIL: Sections, power of, in certain cities to hold polls open 641 CONGRESSMAN r nomination of 626 canvass of votes for 647 CONVENTION : when delegates elected at 627 state, when held, etc : 652 COPIES : certified, of list of candidates to be posted 640 CORRECTION BLANKS : secretary of state to prepare, etc 615 COUNTY CLERK: duty of, relative to enrollment book 615 corrections and additions to enrollment book reported to 616 when certain duties of, performed by secretary of state 624 proof copies of ballot to be on file in office of 631 to furnish primary pamphlets to election Inspectors 632 nomination petitions of district officers filed with 035 new party petitions, for district or county offices, filing of, with 037 to prepare, etc., blank forms of nomination petitions 639 nomination petitions, time set for filing with 640 duty of, when nomination petitions deficient 640 to certify names of candidates who meet requirements 640 to prepare, etc., list of candidates 640 duty of, relative to distribution of ballots, etc 642 to certify delegates to county convention 645 to transmit certified copies of votes for candidates to secretary of state.... 647 duty of. relative to printing certain sections of primary act 664 COUNTY COMMITTEE: when number of delegates to state convention certified to chairman of.... 627 to indicate how delegates selected 627 chairman of, when to certify number of delegates to county convention .... 630 of new party, to certify number of ballots necessary 631 what to constitute 650 chairman and secretary of, how and when elected 650 to issue call for meeting of county convention 651 at convention, to be chosen by each party 651 COUNTY CONVENTION: election of delegates to 627 delegates to, how chosen 645 when held, how designated, etc 651 COUNTY OFFICERS : nomination of, at primaries : 626 signatures required upon nomination petitions of 636 COUNTY OFFICES: candidates for, when nominated 625, 626 when to elect chairman and secretary of county committee 650 CUSTODIAN : who to be, of general registration book. 616 of enrollment, etc., books, when to forward to county clerk, etc., copy of enrollment book 616 to deliver enrollment book to board 617 D. DEATH : or withdrawal of candidate . . . 650 DEFICIENT PETITIONS: duty of secretary of state, etc., relative to 640 DELEGATES : to political convention, nomination of, at primary election 012 to county convention, when selected in convention 627 election of, to county convention, number, etc. 627 to state convention, when number certified and apportioned 627 when chosen 651 to county convention, chairman of county committee to certify apportion- ment of 630 who declared 645 DEMOCRATIC PARTY : ballots for, to be printed upon blue paper 630 DEPOSIT : petitioner for recount to make 649 DISTRICT OFFICERS: signatures required upon nomination petitions of 635 DISTRICTS : not adopting certain provisions to nominate in conventions 650 DITTO MARKS: not to be used in enrollment book 615 E. ELECTIONS : expenses of, how defrayed 611 how conducted, etc 611 result of, how declared, etc 646 INDEX. ELECTION COMMISSIONERS : Sections. board of, duty of, relative to ballots 624, 628. 630 duty of, in certain cities 630 nominees to be certified to 648 ELECTION INSPECTORS: to constitute enrollment board 614 when board of, may enroll name of qualified elector 619 primary pamphlets to be furnished 632 to preside over primary election 642 number of, when may be reduced 642 to act as challenger in certain cases 643 duty of, relative to ballots 644 to certify names of delegates to county convention 645 pasting of certain slips on ballot by 650 to cause certain sections to be posted 664 ELECTOR: enrollment of, under direct nomination system 613, 615, 617, 619 who deemed qualified, at primary election 613 re enrollment of 613 voting in new precinct 619 enrolled, change of party affiliation of 620 oath of, when challenged 643 to state ballot desired 643 ENROLLMENT : notice of 611 in cities 613 party, when and how made 613 of voters of a particular party, date of 613 failure to hold, penalty 615 ENROLLMENT BOARD: what to constitute, sessions of, etc 614 duty of, relative to primary enrollment 615 penalty for failure of, to hold enrollment 616 when, to review, etc., enrollment book 617 ENROLLMENT BOOK: form of, what to contain, etc 615 corrections, etc., to, to whom furnished 615-16 custodian of 616 review of 617 duty of chairman relative to form of 618 ENROLLMENT CLERK: enrollment board may employ, on enrollment day > 614 duty of, relative to blank leaflets 615 ENROLLMENT DAYS: certain days designated as 613 EXPENSES : of elections, how defrayed 611 G. GENERAL ELECTION LAW: certain provisions of, to govern primary election 642 GOVERNOR : nomination of, at primaries 625 signatures required upon nomination petition of 634 canvass of votes for 647 H. HALF-TONE ENGRAVING : unlawful to post 656 size of, for publication in newspaper 659 HAND BILL: campaign, unlawful to post 656 unlawful to distribute, etc., above certain size 657 I. INSTRUCTION BALLOTS: printing of, color, etc 628 J. JUDICIAL DISTRICT: when, composed of more than one county 624 L. LIEUTENANT GOVERNOR: nomination of, at primaries 625 nomination petition for, what per cent of signatures required 634 canvass of votes for 647 LIQUORS : circulating of, at polls 655 unlawful for candidate to buy elector 660 LIST : of candidates, who to prepare, etc 640 INDEX. 281 LITHOGRAPH : . Sections. unlawful to post 6 56 etc., unlawful for candidate to publish 659 size of, for publication in newspaper 659 M. MARCH PRIMARY: election -of county officers, etc., at 625 state convention held within fifteen days after. . MEETING : of enrollment board 614 of board of state canvassers, who to appoint I .......... 647 MISDEMEANOR : who deemed guilty of 654 661- 9 MONEY : unlawful to use, in influencing voter 654 etc., soliciting of, from nominee unlawful 658 N. NAMES : arrangement of, in enrollment book 615 number of, required on petition for direct nomination 621 of candidates may be written, etc., on ballots for special election 625 of delegates to county convention not to be printed on ballot 627 of candidates to be publicly exposed in office of secretary of state, etc 640 printing of, on ballot 629, 650 NEW POLITICAL PARTY: enrollment of voter in 613 who to determine number of ballots for 631 how to obtain printing of name of candidate of 637 candidates of, names required on nomination petitions of 637 when voter may re-enroll as member of 637 nomination petitions of candidates of 639 NEWSPAPER : candidate, restrictions placed on, in advertising in 659 NOMINATION : of party candidates in cities of less than seventy thousand 621 of person by more than one party 650 of candidate in certain cities, in convention 650 NOMINATION PETITION : candidate to file, before name printed on ballot 629 where filed, who may sign, form of, etc 634-9 who may sign, etc 636 elector not to sign more than one for same office 63S open to public inspection, etc 639 time limited for filing 640 NOMINEES : when, may name committee 6oO NON-PARTISAN BALLOT: when city officers elected on, primary act not applicable 625 NOTICE : relative to enrollment and election 611 for convening of enrollment board when, how, where given 614 of primary to vote on direct nominations, when county or city clerk to give. . 624 O. OATH: elector to make, when enrolling on primary election day of challenged elector, form of 643 OFFENSE : prosecution for, when to be commenced 663 OFFICERS : duty of, relative to election election, duty of same as under general election law when guilty of misdemeanor P. PAMPHLET COPIES: of primary law, secretary of state to furnish 632 PARTY ENROLLMENT BOOK: custodian of, review of, etc 616-17 PASTERS : unlawful to distribute, etc., at primary election PENALTY : for soliciting votes unlawfully upon conviction of misdemeanor for neglect of duty of officer 66J PETITION : relative to nomination, of party candidates for certain offices 621 ' 6 S to whom addressed, form of oo< signing of, relative to nomination of candidates in certain cities relative to nomination to offices in certain cities, etc. where addressed form of, relative to direct nomination 282 INDEX. PETITION Continued. Sections. relative to direct nomination, by whom examined 624 nomination, to be filed before candidates' name printed on primary ballot. . 629 for governor, etc., what percentage of signatures required 634 relative to the, of county officers, filing 636 who may sign, etc 636 of new parties, who to sign 637 form of all 688 public inspection of, after filing of, with secretary of state. 639 blank forms of, kept by county and city clerks 639 unlawful to sign more than one,' for same office 639 time set for filing of, with city clerk 640 time set for filing of with secretary of state 640 to board of canvassers for recount 649 for submission, etc., how governed in certain cities . . < 658 PHOTOGRAPH : unlawful for candidate to post 656 POLLS : opening and closing of liquors, use of, at 655 POSTER : campaign, unlawful to post unlawful to distribute, etc., above certain size 657 printing of, by county clerk, what to contain, etc 664 PRIMARY DAY: enrollment on 613 PRIMARY ELECTION: how made, when held, etc 610-11 definition of 612 no person to vote at, unless enrolled notice of, submitting direct nomination of party candidates 624 for nominating candidates for circuit judge, when held, etc 624, 625 general, when held 625 provisions of general election law relative to furnishing ballots, etc., appli- cable to result of, how declared candidates for county offices to elect chairman and secretary of county com- mittee within ten days after to be deemed election day 665 PRIMARY ELECTION LAW: certain sections of, to be printed on cards, etc., posting, etc PROHIBITION PARTY: ballots for, to be printed upon red paper PROSECUTION : for offenses mentioned in this act PUBLICATION : of notice, of list of certified candidates Q. QUALIFIED ELECTOR: definition of 612 R. RECORD : to be kept of ballot cast by challenged elector 648 RECOUNT : candidates may petition for, deposit, etc 649 RE-ENROLLMENT : of electors 613 of elector, application for 620 on primary election day 637 REGISTER OP ELECTORS : to be furnished the inspectors by city clerks 664 REGISTRATION : of electors on election day 619 REGISTRATION BOOKS: custody of 616 REPRESENTATIVE : in congress, nomination of, at primaries 626 state, nomination of, by direct vote 626 signatures, required upon nomination petition of 635 nomination of two or more candidates in each party 635 canvass of votes for 647 districts comprised of more than one county 650 REPUBLICAN PARTY: ballots for, to be printed upon white paper 628 RE-SUBMISSION : of question of direct nomination of party candidates in certain cities 621 RETURNS : election, canvass of, etc 647 when, deemed correct, in case of recount 649 REVIEW : of enrollment book, by whom 617 INDEX. 283 S. SECRETARY : Sections. of county committee, how and when chosen .............................. 650 SECRETARY OP STATE : duty of, relative to enrollment book ...................................... 615 corrections and additions to enrollment book reported to .................. 618 votes cast for, bearing of, on candidates In cities less than 70,000 .......... 621 duty of, relative to judicial districts .................................... 624 duty relative to furnishing pamphlets of primary law.. .................. 632 nomination petitions for U. S. senator, governor and lieutenant governor filed with ........................................................... 634 of new parties ................................................... 637 district officers, nomination petitions relative to, filed with ................ 635 nomination petitions, to keep record of ...... . ........................... 639 time set for filing of with ........................................ 640 duty of, relative to certifying names of candidates to certain boards of election ............................................................. 640 duty of, when nomination petitions deficient .............................. 640 to prepare, etc., list of candidates ...................................... 640 county clerk to transmit certified copies of votes to ........................ 647 duty of, relative to calling meeting of canvassers ........................ 647 nomination of U. S. senator certified to .................................. 648 to certify nomination of U. S. senator to next legislature ................ 648 SENATOR : state, nomination of .................................................... 62* United States, nomination of, at primaries ................................ 625 petitions to be filed with secretary of state relative to nomination of 634 of new party, nomination petition relative to ...................... 637 canvass of votes for .............................................. 647 nomination of, to be certified to secretary of state .................. 648 SIGNATURES : percentage required on petition for submission ............................ required upon nomination petitions of- certain officers ...................... 634 nominating petitions of new parties, number required ...................... 637 QT TT>CS unlawful to distribute, etc., at primary election ............................ 625 SOLICITING : of votes, unlawful ...................................................... SPECIAL PRIMARY ELECTION: when called, etc .......................... , ............................. 625 STATE CENTRAL COMMITTEE : when, to certify number of delegates to state convention ......... * ......... to certify number of ballots necessary .................................. meeting of board of state canvassers certified to .......................... to designate date of county convention .................................. to issue call for state convention, etc .................................... selection of, at state convention .......................................... STATE CONVENTION: who to certify number of delegates to .................................... election of candidates for ..................................... ........... when held, etc .......................................................... 6o2 STATEMENTS : RAR to be delivered, etc., by election officers .................................. STATE OFFICERS: ftni nomination of, at state convention ...................................... BM o S f S question of direct nomination of party candidates in certain cities ........ 621 of question of direct vote, petitions for .................................. SUPPLIES : fi4fi disposition of, etc., after counting of votes ................................ T. TALLY SHEETS: ft . R duty of election officers relative to ...................................... TIE VOTE: P4Q determined by lot ...................................................... i election of delegates from, to county convention .......................... 627 TOWNSHIP BOARD: .... power of, to hold polls open ............................................ TOWNSHIP ^ delivery of register o f electors, etc .................... 664 TREATING : ftfl n by candidates, etc., unlawful ............................................ mvyr^-^rp-y T^T^T? C'FN'T " of enrolled voters required on petition for submission, etc., of direct noml- nation .................................................... U. UNITED STATES SENATOR (see also senator). nomination of, at primaries ............. ,V,* ' ** i .......................... signatures required upon nomination petition of .......................... 284 INDEX. V. VACANCY : Sections. in office, when special election held to fill 625 in delegation to county convention, how filled 627 action taken in case of 650 when, not filled by committee. 650 VILLAGE CLERK : duty of, relative to delivery of register of electors, etc 664 VOTERS (see also electors). enrollment of 613, 617 unlawful for, to sign more than one nomination petition for same office. ... 639 VOTES : canvass of 624 canvass of, for U. S. senator, governor, etc 647 soliciting, unlawful 655 W. WARD: election of delegates from, to county convention 627 cities not having, delegates chosen from entire city 627 WITHDRAWAL : or death of candidate 650 WITNESSES : not liable to criminal prosecution, relative to testimony 663