u 
 
 REVISION OF 1913 
 
 STATE OF MICHIGAN 
 
 LAWS BELATING TO 
 
 EI^E^CTIOlSrS 
 
 COMPILED UNDER THE SUPERVISION OF 
 
 FREDERICK C. MARTINDALE 
 
 SECSETABT OP STATE 
 
 BY AUTHORITY 
 
 LANSING, MICHIGAN 
 WYNKOOr HALLENBECK CRAWFORD CO., STATE PRINTERS 
 
 1013 
 

TABLE OF CONTENTS. 
 
 CHAPTER I. 
 
 Sections. 
 
 Constitutional provisions 1-82 
 
 Elections defined 83 
 
 CHAPTER II. 
 Registration: 
 
 Act 177 of 1S59 84-121 
 
 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 1S51 — Holding of general and special elections 122-130 
 
 Notification of elections 131-138 
 
 Act 190 of 1891 — Manner of conducting, aud to prevent fraud 139-183 
 
 Act 175 of 1851 — Continued. 
 
 Poll lists 184 
 
 Canvass of votes 185-192 
 
 District canvass 193-199 
 
 State canvass ' 200-215 
 
 Representatives and presidential electors 216-219 
 
 Miscellaneous provisions 220-225 
 
 Act 320 of 1913— Recount by state canvassers 226-230 
 
 Act 194 of 1891 — JIunicipal and township elections 231-233 
 
 Indentifying ballots of unqualified voters 234-239 
 
 CHAPTER IV. 
 
 Canvass and Return of Votes: 
 
 Act 149 of 1895 — Board of county canvassers 240-252 
 
 Special canvass tor state senators and representatives to fill vacancies 253 
 
 Uniformity in returns 254-255 
 
 Correction of frauds and errors in returns 256 
 
 Preservation of evidence of error or fraud 257-263 
 
 Act 327 of 1913— Recount by supervisors 264-266 
 
 CHAPTER V. 
 
 Act 203 of 1877 — Election districts and central polling places 267-282 
 
 Act 140 of 1913— Central polling places 281-282 
 
 CHAPTER VI. 
 
 .4ct 135 of 1895 — Primaries in cities 283-304 
 
 378719 
 
CONTENTS. 
 
 CHAPTER VII. 
 
 Township Elections — Duties of Officers: (Cliap. IG, R. S. J84G.) Sections. 
 
 Township meetings 305-324 
 
 Act 283 of 1900— Overseers of highways 325-327 
 
 Manner of conducting elections (Chap. IG, R. S. 1846, continued) 328-338 
 
 Canvass of votes 339-34" 
 
 Township officers 344-353 
 
 Board of review 354 
 
 Resignations, vacancies, etc 355-358 
 
 Duties of township clerk 359-361 
 
 Township treasurer 362 
 
 Compensation of township officers 363-365 
 
 Township business, other than elections ■ 366-370 
 
 Qualifications of voters and officers 371-377 
 
 Act 156 of 1851 — First elections in townships 378 
 
 CHAPTER VIII. 
 
 Offenses Against Election Laws: 
 
 Penalties, R. S. 1846, Chap. 19 379-385 
 
 Betting upon elections 386 
 
 Betting upon nominations 387-388 
 
 Bribery 389-398 
 
 Protection of primaries and conventions 399-407 
 
 Purity of conventions 408-411 
 
 Act 109 of 1913 — Limitation of nomination and election expenses.... 412-432 
 
 Disturbances 433 
 
 Closing of saloons 434 
 
 CHAPTER IX. 
 
 County officers, election and qualification 435-476 
 
 Approval of bonds 477 
 
 CHAPTER X. 
 
 Resignations, Vacancies, Removals and Recalls: 
 
 Resignations 478-479 
 
 Vacancies 480-481 
 
 Removals 482-487 
 
 Filling vacancies 488-491 
 
 Act 325 of 1913— Recall of certain officers 492-497 
 
 CHAPTER XI. 
 
 Election of Certain Officers: 
 
 Circuit judges 498-505 
 
 Regents of university 506-509 
 
 State board of education 510 
 
 Superintendent of public instruction 511 
 
 Justices of supreme court 512-519 
 
 U. S. senators 520-522 
 
 State highway commissioner 523 
 
 CHAPTER XII. 
 
 Elections in Cities and Villages: 
 
 Fourth class cities 524-570 
 
 Ext. from Act 6 of 1913 — Police Justices in certain cities 571-572 
 
 Ext. from Act 35^ of 1913— Judges and Clerks of Police Courts in 
 
 certa in cities 573-574 
 
 Villages 575-595 
 
CONTENTS. 
 
 CHAPTER XIII. 
 
 Miscellaneous: Sections. 
 
 Voting machines 596-631 
 
 Return of vote to secretary of state G32-633 
 
 Publicity of proposed constitutional amendments 634-635 
 
 Apportionment of state senator.-; and representatives 630-638 
 
 Congressional districts 639 
 
 Local option law 640-658 
 
 Legal liolidays 659-661 
 
 Terms of members of political committees 662 
 
 CHAPTER XIV. 
 Primary Election Law: 
 
 Act 281 of 1909 663-712 
 
 Act 395 of 1913— Election of state central committees 713-717 
 
 Act 392 of 1913— Choice of members of national committees 718-725 
 
 APPENDIX. 
 TJ. S. laws, relative to naturalization of aliens. 
 
 Note. — This compilation includes only laws of a general nature. Local acts 
 which concern particular localities have been omitted. 
 
 The annotations include supreme court decisions to and including the 173d 
 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; P. A., Public Acts; S. L., 
 Session Laws. 
 
i 
 
ELECTION LAWS. 
 
 CHAPTER T.— CONSTITUTIONAL PR0VISI0N6. 
 
 ARTICLE III. 
 
 ELECTIVE FRANCHISE. 
 
 (1) Section 1. In all ekH-tions, every male inliahitant of this state, 
 being a citizen of the United States; every male inhabitant residing in 
 this state on Ihe twenty-ffuirth day of June, eighteen hundred thirty- 
 five; every ni;ile inhabitant residing in this slate on the first day of 
 January, eighteen hundred fifty; every male iidiabitant of foreign birth 
 who, having resided in tlie state two years and six months prior to the 
 eighth day of November, eighteen hundi'ed ninety-four, and having de- 
 clared his intention to become a citizen of the United States t«'o years 
 and six months prior to said last named day ; and evei-y civilized male 
 inhabitant of Indian descent, a native of the United States and not a 
 memlier 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 eleciion: Provided, That in time 
 of war, insurrection or rebellion no qualified elector in the actual mili- 
 tar\- service of the United States or of this stale, 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 (he canvass and return of 
 their votes. 
 
 QTI.\LIFIC.\TION OF ELECTORS : Tlie sourrc of an autliority to vote at popular 
 elections is tlio constitution; the electorate is constituted by tlie fundamental law: and 
 the qualifications of electors must be uniform throucbout the state. — Cofiin v. Election 
 Commissioners, 07/189: Att'y Gen. v. Abbott. 121/ri45. As to uniformity, see also, 
 .Vtt'y rien. v. Common Council. .^.S / 210 : Maynard v. Canvassers, 84 / 2.S0. The qualifica- 
 lions of voters at school meetin.crs have never lieen 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 ns now provided In the case of soldiers. — People v. Blodseft, 13/127: 
 People V. Mavnard, ].')/4fin: Att'y Oen. v. Holihan, 20/110: Att'v Gen. v. Common 
 
STATE Of MICHIGAN. 
 
 Council, 58/213; Warren v. Board of Registration, 72/401. For election purposes eacli 
 ward is made by tlie constitution equivalent to a township. — Allor v. Wayne Auditors, 
 4-3/70. The intention of the voter is an Important factor in determining residence. — 
 Ilarhaugh v. Ci<ott. .33/241, 250. 
 
 CONSOLIDATION OF TOWTVSIIIPS : The electors of a disorganized township, the dis- 
 organization taking effect one day before the annual township election, have a right to 
 I'Xercise in the new township the franchise possessed by them in the old. — .\tt'y Gen. v. 
 McColeman, 144 / 07. 
 
 (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, uor 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. 
 
 A student at college, having no other domieile, may, in good faith, become a resident 
 of the citv where the college is located, entering the institution as a citizen thereof. — 
 I'eople V. Osborn, 170 / 143. 
 
 (3) Sec. 3. No soldier, seaman or marine in llie 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 jdace within the .state. 
 
 (4) Sec. 4. ^A'henever any question i.s submitted to a vote of the elec- 
 tors which involves the direct expenditure of jtiiblic money or the issue of 
 bonds, every woman having the qualifloations of male electors who has 
 property assessed for taxes in any iiart of the disti-ict or teriitoi'y 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. G. No elector shall be obliged to do militia duty on the 
 day of election, excejit 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 
 township ofiQcers as may be authorized by law to be otherwise chosen. 
 
 BALLOT: People v. Blodgett, 13/143: Belles v. Burr, 76/23; Maynard v. Can- 
 \'nssers, 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, 10/312. Tlie ballot is a 
 constitutional method which cannot be changed. — .\tt'y Gen. v. Detroit Com. Council, 
 58/213, 217. 
 
 (S) Sec 8. Laws shall be passed to preserve the purity of elections 
 and guai'd against abuses of the elective francliise, and to provide for 
 the recall of all elective officers, except .judges of courts of record and 
 courts of like jurisdiction upon petition of twenty-five per centum of 
 the number of electors who voted at the preceding election for the 
 office of governor in their respective electoral districts. 
 
 Amendment proposed by C. R. of 1913 and ratified at the April election of 1913. 
 
 I'eople 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; Alt'y Gen. v. May, 99/547; 
 Todd v. Election Commissioners. 104/474. 
 
 REGISTRATION: Regi-tration 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 
 (he elector. — People v. Kopplekom, 10/342. For the various statutory provisions as to 
 registration, etc., see sections 84-121. 
 
LAWS RELATING TO ELECTIONS. 
 
 ARTICLE V. 
 LEGISLATIVE DEPARTMENT. 
 
 (9) Section 1. The legislative power of the state of Michigan is 
 veste^i in a senate and house of repres^entatives ; but the people reserve 
 to themselves the power to projjose legislative measures, resolutions 
 and laws; to enact or reject the same at the polls independently of 
 the legislature; and to approve or reject at the polls any act passed 
 b}' the legislature, except acts making appropriations for state insti- 
 tutions and to meet deficiencies in state funds. The first power re- 
 served by the people is the initiative. At least eight per cent of the 
 legal voters of the state shall be required to propose any measure by 
 petition : Provided, That no law shall be enacted by the initiative that 
 could not under this constitution be enacted by the legislature. 
 Initiative petitions shall set forth in full the ])roposed measure, and 
 shall be filed with the secretary of state not less than ten days before 
 the commencement of any session of the legislature. Every petition 
 shall be certified to as herein provided as having been signed by quali- 
 fied electors of the state equal in number to eight per cent of the total 
 vote cast for all candidates for governor at the last preceding general 
 election, at which a governor was elected. Upon receipt of any in- 
 itiative petition, the secretary of state shall canvass the same to as- 
 certain if such petition has been signed by the requisite number of 
 qualified electors, and if the same has been so signed, the secretary 
 of state shall transmit such ])etition to the legislature as soon as it 
 convenes and organizes. The law proposed by such petition shall be 
 either enacted or rejected by the legislature without change or amend- 
 ment within forty days from the time such petition is i-eceived by the 
 legislature. 
 
 If any law proposed by such petition shall be enacted by the legis- 
 lature it sliall be subject to referendum, as hereinafter provided. If 
 any law so petitioned for be rejected, or if no action is taken upon it 
 by the legislature within said forty days, the secretary of state shall 
 submit such proposed law to the ])eople for apjiroval or rejection at 
 I lie next ensuing general election. The legislature may reject any 
 measure so proposed by initiative petition and propose a different 
 measure upon the same subject by a yea and nay vote upon separate 
 roll calls, and in such event both measiu*es shall be submitted by the 
 secretary of state to the electors for approval or rejection at the next 
 ensuing general election. All said initiative petitions last above de- 
 scribed shall liave printed thereon in twelve i)oint black face type the 
 folowing: "Initiative measure to be presented to the legislature." 
 
 The second ])()wer reserved to the people is the referendum. No act 
 passed by the legislature shall go into effect until ninety days after 
 the final adjournment of the session of the legislature which passed 
 such act, except such acts making appropriations and such acts im- 
 mediately necessary for the preservation of the public peace, health 
 or safety, as have been given immediate etfect by action of tlie legis- 
 lature. 
 
 Upon presentation to the secretary of stale within ninety days after 
 the final adjournment of the legislature, of a petition certified to as 
 
10 STATE OF MICHIGAN. 
 
 herein provided, as having been signed by qualified electors equal in 
 number to five per cent of the total vote cast for all candidates for 
 governor at the last election at which a governor was elected, asking 
 that any act, section or part of any act of the legislature, be submitted 
 to the electors for approval or rejection, the secretary of state, after 
 canvassing such petition as above required, and the same is found to 
 be signed by the requisite number of electors, shall submit to the 
 electors for approval or rejection such act or section or part of any act 
 at the next succeeding general election ; and no such act shall go into 
 effect until and unless approved by a majority of the qualified electors 
 voting thereon. 
 
 Any act submitted to the people by either initiative or referendum 
 petition and approved by a majority of the votes cast thereon at any 
 election shall take effect ten days after the date of the official declara- 
 tion of the vote by the secretary of state. No act initiated or adopted 
 by the people, shall be subject to the veto power of the governor, and 
 no act adopted by the people at the polls under the initiative provisions 
 of this section shall be amended or repealed, except by a vote of the 
 electors unless otherwise provided in said initiative measure, but the 
 legislature may propose such amendments, alterations or repeals to 
 the people. Acts adopted by the people under the referendum pro- 
 vision of this section may be amended by the legislature at any sub- 
 sequent session thereof: Provided, however. If two or more measures 
 approved by the electors at the same election conflict, the measure 
 receiving the highest affirmative vote shall prevail. The text of all 
 measures to be submitted shall be published as constitutional amend- 
 ments are required by law to be published. 
 
 Any initiative or referendum petition may be presented in sections, 
 each section containing a full and correct copy of the title and text 
 of the proposed measure. Each signer thereto shall add to his signa- 
 ture, his place of residence, street and numlier in cities having street 
 numbers, and his election ]»recinct. Any qualified elector of the state 
 shall be competent to solicit such signatures within the county in 
 which he is an elector. Each section of the petition shall bear the 
 name of the county or city in which it is circulated, and only qualified 
 electors of such county or city shall be competent to sign such sec- 
 tion. Each section shall have attached thereto the affidavit of the 
 person soliciting signatures to the same, stating his own qualifications 
 and that all the signatures to the attached section were made in his 
 presence, that each signalure to the section is the genuine signature 
 of the pei'son signing the same, and no other affidavit thereto shall 
 be required. Such petitions so verified shall be prima facie evidence 
 that the signatures thereon are genuine and that the persons signing 
 the same are qualified electors. 
 
 Each section of the petition shall be filed with the clerk of the county 
 in which it was circulated, but all said sections circulated in any 
 county shall be filed at the same time. Wilhin twenty days after the 
 filing of such petition in his office, the said clerk shall forward said 
 petition to the secretary of state. Within forty days from the trans- 
 mission of the said petition to the secretary of state, a supplemental 
 petition identical with the original as to the body of the petition but 
 containing supplemental names, may be filed with the county clerk, 
 
LAWS RELATING TO ELECTIONS. 11 
 
 and such supplemental petition shall bo fonvarded to the secretary of 
 state by said clerk within ten days after the filing of the same. 
 
 Ampndnjent i)roposc(l hv C K. 4 of 191R and ratified at the April election of 1913. 
 
 IVopIc V. Collins, ?. /Hi;!: Slati' Tax I^aw Oases, 54/350, 39S, 455; King v. Concordia 
 Ins. Co.. 140 /-JCT; Albert v. Cilison, 141/700: Atfy General v. Bolger, 128/362; 
 People V. Salsbury. 134/544; IVople v. nettenthaler, 118 /G02. 
 
 (10) Sec. 2. The senate shall consist of thirty-two members. Sena- 
 tors shall be elected for two years and by single districts. Such dis- 
 tricts 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. Bulirer. 133 / ll.", ; Williams v. Sec'y of State, 145/447. 
 
 DIVISION OF 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 memljers. 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 rej)i-esentatives to which it is entitled. Each 
 county, with such territory as may l)e attached thereto, shall be entitled 
 to a separate repre.sentative when it has attained a population equal to 
 a moiely of the ratio of representation. In every count.v entitled to 
 more than one representative, the board of supervisors shall assemble 
 at such time and i)lace 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 numl>er of each district 
 and population thereof according to the last preceding enumeration. 
 
 CONTIGUOUS TERRITORY : 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. Soc'y of State. 02/638. 
 
 GENEK.\Ij TICKET : No township has ever come under this provision and only three 
 cities, Detroit, Grand Rapids and Saginav?. 
 
 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 Ihirtoen, and each 
 tenth year thereafter, the legislature shall by hiw rearrange the sena- 
 torial districts and api>ortion anew the represcniatives among the coun- 
 ties and districts accoi-ding to the number of inhabitants, using as the 
 basis for such ai)portionment the last preceding United States census 
 of this state. lOach aiiportionment so made, and the division of any 
 county into repres<'iitalive districts by its board of supervi.sors, made 
 tlierounder, shall not l)e altered until the tenth year thereafter. 
 
 DISTRICTS UNAI/noRAHLE : Tlie constitution prohibits any alteration of a district 
 and a law which, by the change of city boundaries, transfers electors from one district to 
 
12 STATE OF MICHIGAN. 
 
 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. 20 / 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 clianges may be made after a 
 new enumeration and prior to the new apportionment. — People v. Bradley, 36/447. The 
 organization of a new countv out of an entire representative district is not prohibited. — 
 Bay Co. v. Bullock, 51/544. An act which consolidates two cities situated in different 
 districts, but expressly preserves the boundaries of the districts and the manner of elect- 
 ing representatives, does not violate this provision of the constitution. — Smith v. Saginaw, 
 81 / 123. See also, Att'y Gen. v. Sprlngwells Twp., 143 / 523. 
 
 (13) Sec. 5. Each senator and representative shall be a citizen of 
 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 
 oflfice. 
 
 (14) Sec. G. 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, whieh enacted the law providing for the constitutional 
 convention, is ineligible as a delegate to that convention —Fyte 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.— Atfy Gen. v. Bd. of Canvassers, 155/44. 
 
 (15) Sec. 7. No jierson elected a member of the legislature shall 
 receive any civil apjioiutment withiu 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 jierson so elected for any such office or appointment 
 shall be void. No" member of the legislature shall be interested directly 
 or indirectlv in anv contract with the state or any county thereof, 
 authorized 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 
 "PlPotion"-ireoDle V Ilurlbut, 24/44. The purpose of such provisions is to prevent 
 officers from usfng theii offlcial positions in the creation of offices for themselves, or tor 
 the annointment of themselves to place. — Ellis v. Lennon. bb / 4b». 
 
 ELIGIBILITY ■ \ member of the legislature is not ineligible to become a candidate for 
 
 ?.^r^ if Ih^^^^fn;^'^" 7hf Zcfl^ In^oe^Al^e' wi^ TT'l^^Vf Tr^^Zll."irn!l 
 legislature, would be to vacate ipso facto the office first held.— id. 
 
 (16) Sec S. Senators and repre,seutatives shall in all cases, except 
 for treason, felony or breach of the peace, be privileged from arrest dur- 
 ino- sessions of the legislature and for fifteen days next liefore 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 
 nuestioned" in anv 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 tor the 
 first twenty days and nothing thercaftei-. ]\[eml)crs shall be entitled to 
 ten cents i>er niile and no more for one round trip to each regular and 
 special sessiou of the legislature by the usually traveled route. J'.ach 
 member shall be entitled to one copy of the laws, journals and docu- 
 
LAWS RELATING TO ELECTIONS. 13 
 
 meuts 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 Ihis constitution. 
 
 (IS) 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. 
 
 (10) 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. 
 
 (2(1) Sec. 12. The election of senators and representatives, pursuant 
 to the i)rovisions of this constitution, shall be held on the Tuesday sue 
 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 othenvise provided in this con- 
 stitution, shall choose its own officers and determine the rules of its 
 proceedings, but shall not adopt any i*ule that will prevent a majority 
 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 qualitications 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 conven- 
 tion the votes shall be given viva voce. All votes on nominations 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 
 tre<isurer, a commissioner of tlie 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 laAV. 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 
 
14 STATE OF MICHIGAN. 
 
 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 office under 
 the provisions of this constitution shall be in the name and by the 
 authority 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. 
 
 (2S) Sec. 13. No person shall be eligible to the office of governor 
 or lieutenant governor who shall not have attained the age of thirty 
 yeai's 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 tliis 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 sliall 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 lieu- 
 tenant governor for the residue of the terra 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 
 lieutenant governor die, resign, or be impeached, displaced, be incap- 
 able of performing the duties of his office, or absent from the state, 
 the secretary of state shall act as governor until the vacancy be filled 
 or the disability cease. 
 
 (33) Sec. IS. The lieutenant governor or secretary of state, while 
 performing the duties of governor, shall receive the same compensa- 
 tion as the governor. 
 
 (34) Sec. 20. The secretary of state, state treasurer and commis- 
 sioner of the state land office shall constitute a boai'd of state auditors. 
 They shall examine and adjust all claims against the state not other- 
 wise provided for by general law. They shall constitute a board of state 
 canvassers to determine the result of all elections for governor, lieu- 
 tenant 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 pei-fonu such other duties 
 as may be prescribed by law. In case the office of commissioner of the 
 state land office 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 ; 
 Ayrcs v. State Auditors, 42 / 427 ; Newton v. Canvassers, 94 / 459 ; Vance 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 200 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. 
 
LAWS RELATING TO ELECTIONS. 15 
 
 (35) Sbc. 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 d(dlars. 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. 
 
 AETICLE VII. 
 JUDICIAL DEPARTMENT. 
 
 (36) Section 1. The judicial jtowcr 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 tenn of office shall be 
 prescribed by law. 
 
 The number of justices is now eiglit 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 legisla- 
 ture 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 pro- 
 vided by law. The legislature may by law arrange tlie various cir- 
 cuits into judicial districts, and provide for the manner of holding 
 courts therein. Circuits and districts may be created, altered or dis- 
 continued by law, but no such alteration or discontinuance shall have 
 I he elfect to remove a judge from office. 
 
 Royce v. Goodwin, 22 / 406. 
 
 (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 succe.s- 
 
16 STATE OF MICHIGAN. 
 
 sors are elected and qualified. They shall be ineligible to any other 
 than a judicial ofiice during the term for which they are elected and 
 for one year thereafter, 
 
 reople V. Burch, 84 / 408. 
 
 As to election of circuit judges, see sections 49S-505. 
 
 (4.0) Sec. 12. Each of the judges of the circuit courts shall re- 
 ceive a salary payable monthly. In addition to the salary paid from 
 the state treasui-y, each circuit judge may receive from any county in 
 which he regularly holds court such additional salary as may be de- 
 termined from time to time by the board of supervisors of the county. 
 In any county where such additional salary is gi'anted 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 
 successors are elected and qualified. They shall be elected on the Tues- 
 day succeeding the first llonday 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 tor their respective counties and they are in no sense county officers. They 
 exercise a portion of the judiciai 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, 
 — Uoyce V. Goodwin, 22 / 496. Appointment to till 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 pre- 
 scribed 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 ofiice, and the provision 
 for classification of the terms at the first election tend to support the theory that It was 
 intended bv the constitution that there should be four justices in each township ; but 
 the constitution strictly, bv 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 305 of this compilation, also sections 2360-73 of C. L. 1807. 
 
 MUST BE ELECTED : The constitution requires all justices to be elected and it is 
 
LAWS RELATING TO ELECTIONS. 17 
 
 against public policy to have them chosen otherwise except for temporary purposes. — 
 Kdison v. Almy, 66 / 329 ; Brooks v. Hydorn, 76 / 275. 
 
 TERM OF OFFICE: See Messenger v. Teagan, 106/054; Ilulbert v. Henry. 105/212. 
 
 GENERAL PROVISIONS. 
 
 (4-t) 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 \\itliout the same, he shall be deemed 
 to have vacated the office. 
 
 Sec Roycc v. Goodwin, 22/400; Faulks v. People, 39/200. 
 
 (45) Sec. 20. Wlien a vacancy occurs in the office of judge of any 
 court of record, it shall be filled l)y appointment of the governor, and 
 the ])erson ajipointed 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. I.nrd. 9 / 227 ; Lawrence v. Ilanley, 84 / 405 ; People V. Burch, 84 / 408 ; Adsit v. Sec'y 
 cif Slate, 84/420; People v. Palmer, 91/283. 
 
 (4(!) 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. 
 
 riRCDIT COURT COMMISSIONER: The circuit court commissioner is a subordinate 
 and assistant to the circuit court rather than an independent judicial officer. — Burger's 
 Case, ."9 / 203. As to requirement that he be an attorney at law, see People v. May, 3 / 
 600. See Hunt v. Wayne .Judges, 142/117. For statutory provisions as to this officer, 
 see section 453. 
 
 ARTICLE VIII. 
 
 LOCAL GOVERNMENT. 
 
 COUNTIES. 
 
 (47) Sec. 3. There sliall 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 pi'escribed 
 by law. The board of supervisors in any county may unite the offices 
 ofcounty clerk and register of deeds in one office or separate the same 
 at pleasui-e. 
 
 The prosecuting attorney must be an attorney at law. — People v. May, 3 / 598, And a 
 male citizen. — Att'y General v. Abbott, 121/541. See Election Com'rs v. Wayne Circuit 
 .Tudgos, 172/430, 434. 
 
 (48) Sec. 4. The sheriff, county clerk, county treasurer, judge of 
 probate and register of deeds shall hold their offices at the county 
 seat. 
 
 3 
 
18 STATE OF MICHIGAN. 
 
 (49) Sec. 5. The sheriff shall hold no other office, and shall be in- 
 capable of holding the olxice 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. 
 
 Lamorcaux v. Att'y General, 89/146. 
 
 (50) Sec. fi. The legislature shall by general law provide for the 
 appointment of a boai'd 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 to^^^lship, shall be established in each county, with such 
 powers as shall be prescribed by law. Cities shall have such represen- 
 tation in the boards of supervisors of the counties in which they are 
 situated as may be provided by law. 
 
 (52) Sec. 9. The boards of supenisors shall have exclusive power 
 to fix the salaries and compensation of all county officials not other- 
 wise provided for by law. The boards of supervisors, or in counties 
 having county auditors, such auditors, shall adjust all claims against 
 their respective counties; appeals may be taken from such decisions of 
 the boards of supervisors or auditors to the circuit court in such man- 
 ner as shall be prescribed by law. 
 
 TOWNSHIPS. 
 
 (5S) Sec. IS. Thei-e shall be elected annually on the first Monday 
 of April in each organized township one supervisor, one township clerk, 
 one commissioner of liighways, one toi^Tiship treasurer, not to exceed 
 four constables and one overseer of highways for each highway dis- 
 trict, 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 325. 
 
 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 
 tlie existence of townships, and there must be more than one township. — People v. May- 
 nard, 15/4C3. 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 Ijelong 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 townsliips." — 
 White V. Supervisors, 105/612. 
 
 ELECTIONS : The townships in which elections are held must be organized town- 
 ships. — People V. Maynard, 15/4G3. 
 
 TOWNSHIP OFFICERS' FUNCTIONS : The functions of township officers, who are 
 continued by constitutional enactment, are as clearly within the contemplation and pro- 
 tection of tile constitution as are the officers themselves, and the legislature has no more 
 power to deprive those officers of tlieir authority and confer tliat 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. — I*eople v. 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 supervisors, and imposes the duty 
 to give cities 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. 
 
LAWS RELATING TO ELECTIONS. 19 
 
 COiS'STABLES : No uiunitiiiul torporalion ever existed here or in England witliout 
 constables or officers answering to constables. They are here and always have been the 
 local pence officers of their vicinasc, the ministerial officers of justices of the peace and 
 tlie 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 to amend an existing charter of the city or village here- 
 tofore granted or passed by the legislature for the government of 
 the city or village and, through its regularly constituted authority, to 
 jiass all laws and ordinances relating to its municipal concerns, sub- 
 ject to the constitution and general laws of this state. 
 
 Amendment proposed by C. R. 2 of 1912 (2d. Ex. Scss.) and ratified at the general elec- 
 tion of 1913. 
 
 (56) Sec. 25. No city or village shall have power to abridge the 
 right 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 
 franchise 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 supervisore 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 prescril)ed 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 thoii.sand 
 dollars of assessed valuation for the preceding year. 
 
20 STATE OF MICHIGAN. 
 
 AETICLE IX. 
 IMPEACHMENTS AND REMOVALS FROM OFFICE. 
 
 (58) Section 1. Tlio house of representatives shall have the sole 
 power of impoaohing civil officers for corrupt conduct in office, or for 
 crimes or misdemeanors; hut a majority of the members elected shall 
 be necessar-j' to direct an impeachment. 
 
 (59) Skc. 3. Eveiy impeachment shall be tried by the senate. When 
 the governor or lieutenant governor is tried, the chief justice of the 
 supreme court shall preside. AVhen 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 he con- 
 victed without the concurrence of two-thirds of the members elected. 
 Judgment in case of impeachment shall not extend further than re- 
 moval from office, but the person convicted shall be liable to punishment 
 according to law. 
 
 (60) Sec. 4. No judicial officer shall exercise his office after an 
 impeachment is directed until he is acquitted. 
 
 (CI) Sec. 5. The governor may make a provisional appointment to 
 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. 
 
 (()2) Sec. 0. For reasonable cause, which shall not be sufficient 
 ground for impeachment, the governor shall remove any judge on a 
 concurrent 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. 
 
 (03) 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 ex- 
 amine into the condition and administration of any public office and 
 the acts of any 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 thei-ein, any elective or appointive 
 state officer, except legislative or judicial, and report the causes of 
 such removal to the legislature at its next session. 
 
 (64) Sec. 8. Any officer elected by a county, city, village, town- 
 ship or school district may be removed from office in such manner and 
 for such cause as shall 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 tliis state, until he shall have accounted for and 
 paid over, as provided by law, all sums for which he may be liable. 
 
LAWS RELATING TO ELECTIONS. 21 
 
 ARTICLE XI. 
 
 EDUCATION. 
 
 (00) Sec. 2. A superiiitdKloiit of public instmction sliall be elected 
 at the regular election to be liekl on the first Monday in April, nine- 
 teen hundred nine, and every second year thereafter. He shall hold office 
 for a period of two years from the firet day of July following his elec- 
 tion 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 stale board of education. He shall be ex- 
 officio a member of all other boards having control of public instruc- 
 tion in any state institution, with the right to speak but not to vote. 
 His duties and compensation shall be prescribed by law. 
 
 Election of superinfcndont of public instruction, sec section 511. His salary was fixed 
 at $4,000. 
 
 (07) Sec. 3. There shall be a board of regents of the university, 
 consisting of eight menibei-s, who shall hold the office for eight years. 
 There shall be elected at each regular biennial spring election two mem- 
 bers of such board. When a vacancy shall occur in the office of re- 
 gent it shall be filled by appointment of the governor. 
 
 Election of regents, see sections 506-509. 
 
 (08) Skc. 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 mem- 
 bers of the board of regents, AAith the privilege of speaking but not of 
 voting. The president shall preside at the meetings of the board and 
 l)e the principal executive officer of the university. The board of 
 regents .shall have the general sui)ervision of the university and the 
 direction and control of all expenditures from the university funds. 
 
 (09) Sec. G. The state board of education shall consist of four 
 membei"s. On the first Jlonday in April, nineteen hundred nine, and 
 at each succeeding biennial spring election, there shall be elected one 
 member of such board wiio 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 510. 
 
 (70) Sec. 7. There shall be elected on the first Monday in April, 
 nineteen hundred nine, a slate board of agricultui'e to consist of six 
 member.s, 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 
 thereafter, 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 kuowni as "The State Board of Agricul- 
 ture." 
 
 (71) Sec. S. The state board of agriculture shall, as oflen as neces- 
 
22 STATE OF MICHIGAN. 
 
 sary, elect a president of the agricultural college, who shall be ex-ofHcio 
 a memlier 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 
 executive officer of the college. The board shall have the general super- 
 vision of the college, and the direction and control of all agricultural 
 college funds; and shall perfonu such other duties as may be pre- 
 scribed by law. 
 
 AETICLE XVI. 
 MISCELLANEOUS PROVISIONS. 
 
 (72) Section 1. The terms of oflBce 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 othei-wise prescribed in this 
 constitution. The tenns of office of all county officers shall begin on 
 the first day of January next succeeding their election, except as other- 
 wise 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, be- 
 fore they enter on the duties of their respective offices, take and sub- 
 scribe the following oath or affirmation : "I do solemaly swear (or 
 affirm) that I will support the con.etitution 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 tinist. 
 
 (74) Sec. 3. Neither the legislature nor any municipal authority 
 shall grant or authorize extra comi)ensatiou to any public officer, agent, 
 employe or contractor after the service has been rendered or the con- 
 tract 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. In case tv\o or more per.sons have an equal and the 
 highest number of votes for any office, as canvassed by the board of state 
 canvassei-s, the legislature in joint conveniion 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. 
 
 Election C'om'rs v. Wayne Circuit Judges, 172 / 430. 
 
LAWS RELATING TO ELECTIONS. 23 
 
 ARTICLE XVII. 
 AMENDMENT AND REVISION. 
 
 (77) Sicc'Tiox 1. Any amendmeut or amendments to this constitu- 
 tion 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 amendmeut or amendments shall be entered on the 
 journals, respectively, ^Aith tlio yeas and nays taken thereon ; and the 
 same shall be submitted 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 approve such amendment or amendments, the 
 same shall become part of the constitution. 
 
 See Westingbausen t. People, 44 / 265 ; Murphy Chair Co. v. Atfy General, 148 / 563 ; 
 Carton v. Sec'y of State, 151 / 337. 
 
 (78) Sec. 2. Amendments may also be proposed to this constitu- 
 tion by petition of the qualified voters of this state. Evei-y such peti- 
 tion shall include the full text of the amendment so proposed, and be 
 signed by not less than ten per cent of the legal voters of the state. 
 Initiative petitions proposing an amendment to this constitution shall 
 be filed with the secretan* of state at least four months before the 
 election at which sucli proposed amendmeut is to be voted upon. Upon 
 receipt of such petition by the secretary of state he shall canvass the 
 same to ascertain if such petition has been signed by the requisite 
 number of qualified electors, and if the same has been so signed, the 
 proposed amendment shall be submitted to the electors at the next reg- 
 ular election at which any state officer is to be elected. Any consti- 
 tutional amendment initiated by the j)eople as herein i)rovided, shall 
 take effect and become a jiart of the constitution if the same shall 
 be approved by a majority of the electors voting thereon and not other- 
 wise. Every amendment shall take elTect thirty days after the elec- 
 tion at which it is api)roved. The total number of votes cast for gov- 
 ernor at the regular election last preceding the filing of any petition 
 proposing an amendment to the constitution, shall be the basis upon 
 which the number of legal voters necessary to sign such a petition 
 shall be computed. The secretary of state shall submit all proposed 
 amendments to the constitution initiated by the people for adoption or 
 rejection in compliance herewith. The petition shall consist of sheets 
 in sucli form and having jjrinted or written at the top thereof such 
 heading as shall be designated or prescribed by the secretary of state. 
 Such petition shall be signed by qualified votei's in person only with 
 the residence address of such persons and the date of signing the 
 same. To each of such petitions, which may consist of one or more 
 sheets, shall be attached the affidavit of the elector circulating the 
 same, stating that each sigTiature thereto is the genuine signature of 
 the person sig-niiig the same, and that to the best knowledge and belief 
 of the affiant eacli jierson signing tJie i)etition was at the tiin(> of sign- 
 ing a qualified elector. Suth ])etition so verified sliall be prima facie 
 evidence that the signatures thereon arc genuine, and that the per- 
 sons signing the same are qualified electors. The text of all amendments 
 
24 STATE OF MICHIGAN. 
 
 to be submitted shall be. ])iililislK'd us constitutional amendments are 
 now required to be published. 
 
 Amendmont pioposcil b.v C. It. 3 of 1913 and ratified at tbe April clecliou (if 1913. 
 
 (79) Sec. 3. All proposed amendments to the constitution sub- 
 mitted 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 theieof 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 ofQce. 
 
 rublicity of constitutional amendments, see section 634. 
 
 (SO) Sec. 4. At the general election to be held in the year nine- 
 teen hundred twenty-six, in each sixteenth year thereafter and at such 
 other times as may be provided by law, the question of a general re- 
 vision 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 district of the state as then organized shall elect three 
 delegates. The delegates so elected shall convene at the state capitol on 
 the first Tuesday in September next succeeding such election, and 
 shall continue their sessions until the business of the convention shall 
 be conipleted. A majority of the delegates elected shall constitute a 
 quorum for the transaction of business. The convention shall choose 
 its own officers, determine 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 otlierwise, of any delegate, such va- 
 cancy shall be filled by appointment by the governor of a qualified 
 resident of the same district. The convention shall have power to 
 appoint such officers, employes and assistants as it may deem necessary 
 and to fix their compensation, and to provide for the printing and dis- 
 tribution of its documents, journals and proceedings. Each delegate 
 shall receive for his seiwices the sum of one thousand dollars and the 
 same mileage as shall then be payable to members of the legislature, 
 but such compensation may be increased by law. No proposed consti- 
 tution or amendment adopted by such convention shall be submitted 
 to the electors for approval as hereinafter provided unless by the as- 
 sent of a majority of all the delegates elected to the convention, the 
 yeas and nays being entered on the journal. Any proposed constitu- 
 tion 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 adjournment of the con- 
 vention; but, in case an interval of at least ninety days shall not in- 
 tervene 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 efl'cct on the fiist day of .Taiiunry following the apjiroval thereof. 
 
LAWS RELATING TO ELECTIONS. 25 
 
 SCHEDULE. 
 
 (81) Sec. G. All officers elected iindci' the existino- constitution and 
 laws on the Tuesday aftei- the firsf Monday of November, nineteen hun- 
 dred eight, shall take office on and after the lirst day of January, nine- 
 teen hundred nine, under this constitution. 
 
 (82) Sec. 7. Until otherwise jirovided, the salaries or compensation 
 of all public officers shall continue as provided under the existing con- 
 stitution and laws. 
 
 ELECTIONS DEFINED. 
 
 [Extiact from Cli. 1, n. S. 1S46.] 
 
 (83) § .50. Sec. 3. Sub. Div. 4. The words "annual Annual town- 
 meeting," when ai)])lied to townships, shall be construed ''^'^ meeting. 
 to mean the annual meeting required by law to be held in 
 
 tiie month of April. 
 
 Sub. Div. 19. The words "general election," shall be con- General 
 strued to mean the election required by law to be held in the '''^<=*'''"- 
 month of November. 
 
 GENER.vr> ELECTION : Tlie soneral election is not a township meeting 
 in any legal sense. — People v. Knight, 13 / 420. 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 r. People, 44 / 260. And it is hardly necessary to 
 say that subsetjuent legislation could not cliange the meaning or effect 
 of any part of the constitution. — Id. 270. The only foundation for any 
 notion tliat the spring elections can serve the purpose of the general elec- 
 tion mentioned in the constitution is that in organizing the present supreme 
 court in 18.^7, the statute declared that a "general election" sliould 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 statutor.v pur- 
 poses, but this would not change the constitutional definition or malie 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 ofiice of .ludge 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. Klection 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. I,. 18.50.] 
 
 The- People of the State of Michigan enact: 
 
 (84) § 3536. Section 1. That there shall be, in the year Registration 
 one thousand eight hundred and fifty-nine, a registration of <"■*'■«<'. 
 the qualified electors of tlie state. TJie aldermen of every in- Bo.ird of 
 corporatetl city, and the supen'isor, treasurer, and clerk of '■^'^'™"""- 
 
26 
 
 STATE OF MICHIGAN. 
 
 Board to pro- 
 vide books or 
 registers. 
 
 every township, shall coustitute 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- 
 isters, one for each township and one for each ward, so made 
 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 incoqjorated 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. 
 
 EEGISTR.\TION NECESS.\RV : This act Is grounded upon the same 
 article o£ the constitution which gives the right to vote and Is Imperative ; 
 it 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. 
 
 PURITY 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. 
 
 Notice of 
 meeting of 
 board of 
 registration. 
 
 Time and 
 place of 
 meeting. 
 
 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. 
 
 REGISTRATION IN CITIES. 
 
 (S5) § 3537. Sec. 2. Each city board shall, at least two 
 weeks previous to the time of their meeting in e.ach ward, 
 cause to be imblished in one or more newspapers printed and 
 published in such city, a notice that the board of registration 
 will meet on the first Monday of October, in the year one 
 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 Ids 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 
 Ihan three nor more than five days in each ward. All neces- 
 sary blanks and instructions to aid the board in the discharge 
 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. 
 
LAWS RELATING TO ELECTIONS. 27 
 
 (SO) § .'J53S. Sec. 3. At the time and place mentioned Duty of 
 in sucli notice, the board, or those members tliereof so classi- reglsfra'uon. 
 fied and assigned for that ward, shall meet and proceed to 
 the registration in snch book, wliicli book shall be called the 
 "Register of Electoi-s" for such ward, of the names of persons 
 at the time residing in such ward, and so qualified as fol- 
 lows, to ^^•it: Their sessions shall be public, and during the Sessions lo 
 first two days thereof they shall not write in the register the ^^ p"'''"' 
 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. la Registration, 
 case of such request, the name of the elector shall be plainly '^"^ ^'^de- 
 written by a member of the board, who shall also note his 
 residence as i-equired 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 
 .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 e7i- 
 tries shall be made with ink. The board, at every session. Applicant to 
 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 Ihe board may, for the more per- 
 fect examination of the applicant, swear and employ an 
 interpreter, truly and impartially to interpret all such ques- 
 tions and answers, and if tlie applicant shall, in his answei*s, 
 make an,y material statement which is false, he shall, upon 
 convictiou thereof, pay a fine of not more than one hundred penalty for 
 nor less than five dollars, and be imprisoned in the county ^aJ'em^nt'^'^ 
 jail not more than thirty nor less than five days. 
 
 BOARD OF REGISTRATION: Their duty as to the mode of determin- 
 ing the qualification o( 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 tact. — People v. Board of Registration of Nankin, 15 / 157. 
 Where a person appears before tile 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. 
 
28 
 
 STATE OP MICHIGAN. 
 
 What persons (87) § 3539. Sec. i. The name of no person but an 
 ?egisuafion. *° actual resident of tlie wai'd at the time of the 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, wiiom 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 evei'y person so offending shall, upon convic- 
 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 ait for the incorporation of cities of the 
 fourth class provides that "the residence of any elector, not heing a house- 
 holder, shall be deemed to be in the ward or election district in which Is 
 located bis regular place of lodging." See section 528. 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. 
 C'icott, 33/252. See further, as lo 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 
 elector's residence by alteration of boundaries of representative districts, 
 see notes to section 12. 
 
 ilty 
 
 fraudulent 
 
 registration 
 
 Registration 
 in citias. 
 
 Proviso, 
 
 city of Detroit. 
 
 REGISTRATION IN CITIES AFTER 1859. 
 
 (88) § 3540. Sec. 5. On the second Saturday next pre- 
 ceding the general election, and on the seventh day (Sunday 
 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 tiiree 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 
 notices, to be published and posted up as hereinafter pro- 
 vided, 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 and every person then actually residing in the ward, 
 and who, at the then next appi'oaching 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 hereinbefore provided : Provided, That tlie provisions of 
 this amendment shall not be applied to electors in the city of 
 Detroit. 
 
LAWS RELATING TO ELECTIONS. 29 
 
 Am. 190], Act 32: 1011, Act 97. 
 
 As to Detroit, see sections 3573-8, 3580-81, C. Ty , 1897. 
 
 The laws to ip^ul.itc clecUons. and lo preserve Uiclr purity, .lud to gu.nnl 
 .ngainst abuses of the elective franchise, must be reasonable, uniform ami 
 impartial, and must be calculated to faeilitato and secure, rather than (" 
 subvert and impede, the exercise of (he ri^ht to vote. -Attorney General 
 V Detroit, 78/540. No registry law is valid which di|irivc.^ an elector ot 
 his constitutional right to vote hy any rcKUlalion with which it is Impossible 
 tor him to comply. — Id. Kequircments which compel a naturalized elector 
 lo produce his certificate, or show by evidence other than his own oath 
 that such certiacate was issued, make an unfair and unnecessary distinction 
 between native born and naturalized electors. — Id. 
 
 QUALIFIED ELECTORS : See section 1 and notes thereto. 
 
 (89) §3541. Sec. C. At least two weeks previous to the Notice to 
 commenceiueut 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 
 least ten conspicuous places in each ward ; which handbill ^Jj^^f^jJJJJifi^, 
 shall also contain a tiiie copy of the list of names then ap ''"' 
 rearing in the register for the ward. And immediately after P^'y of ^ 
 the close of the polls of such election, the clerk oi the board of election. 
 of inspectors of that election, and before the counting of the 
 votes, shall, under the direction and by the assistance of thi' 
 inspectors, insert and write u]ion or attach to such printed 
 handbill, all the names of electors apiicaring on the register 
 and not on such handbill, so that such handbill so corrected 
 shall be a true copy of the list then ajipearing in such reg- 
 ister, and shall, with the insjiectors, (\v a majority of them, 
 certify and sign such copy, and tile the same in the ofiSce of 
 the county clerk, who shall carefully keep and presen'e 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. 
 Ilie 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- wfere'^me'"' 
 ticular ward, shall sign the list, adding the date of their sig- 
 nature, and shall immediately de|»osit the same for safe keep- 
 ing with the city clerk, who shall carefully i)reserve the 
 
 same in his ofiice until delivered as hereinafter provided. 
 
 (91) § 3543. Sf.c. S. .Vt an.\ such general, special oi List to he 
 charter election in the city, and as soon, at least, as the poll f,',spectors 
 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 .'^anie, and returned to the 
 
 city clerk immediately thereafter; and they shall not receive 
 
 the vote of any person whose name is not written therein. 
 
 liut 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- onufe^daj^'' 
 
 istered by the clerk of the election, under the direction of the of election. 
 
 inspectors, upon the same terms and conditions hereinafter 
 
30 
 
 STATE OF MICHIGAN. 
 
 prescribed for llie like cti.ses iU'isiDg at elections in townships, 
 substituting ward for township; and liolh the applicant and 
 (he qualiiied elector shall be subject 1o Ihe same penallies 
 jtrescribed in cases so arising. 
 
 The object of a re;;islry law. or of any law to preserve tlio purity of the 
 Ijallot bos. and to ^uard against abuses of the elective franchise, is not to 
 prevent any qualified elector from votincr. 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, tlie highest exercise of the freeman's will, except 
 by bis 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 francliise. The power of the legislature 
 in such cases is limited to laws, regulating the en.ioyment 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 
 of registration in each town.ship. to wit : The supervisor, 
 treasurer and clerk thereof, and in case of the absence of any 
 of them, or his inability to serve, the justice of the peace 
 not holding the ofifice of supervisor or town clerk, whose term 
 of office will first expire, to provide, at the expense of the 
 to^\Tiship, the like book for their township for the purposes of 
 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 town- 
 ship, 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 registration 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: 
 who to consti- 
 tute board. 
 
 Books of 
 registration, 
 how 
 arranged. 
 
 REGISTR.4TI0N IN TOWNSHIPS IN 1859. 
 
 Proceedings (93) § 3545. Sbc. 10. At the annual meeting of each 
 
 eiecti^ona i'lf township, on the first Monday of April, in the year one thou- 
 
 1859. sand eight hundred and fifty-nine, the town.ship ti*easurer 
 
 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 
 
 Board to have name of sucli elector in its proper place. And in all cases 
 
 township poll nnder this act the board, or the members thereof, receiving 
 
 '^'- or making fhe entry of a name, shall note or cause to be 
 
LAWS RELATING TO ELECTIONS. 31 
 
 noted the day and jear thereof. During such township meet- 
 ing, and during all futui-e sessions of the board, the town- 
 ship polllist of the next preceding general election or town 
 ship meeting, shall be before him or them for their better in 
 formation in making tlie registration, to be returned to the 
 clerk at the close of the meeting or the session. The super- supervisors 
 visor or other person or persons charged by law with the namra'whiie 
 assessment of property in the township for the purpose of a^sesalnent. 
 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 resid- 
 ing in the township whose name has not Ijeen entered therein, 
 to write the same, or shall himself, at the like personal re- 
 que.st 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 P^'s'sterto 
 assessment, deposit said register ^ath the township clerk. withTown- 
 who shall carefully keep and preserve the same in his oflSce. ^'"p '='*^*- 
 
 (94) § 3546. Sec. 11. After the year one thousand eight Registration 
 hundred and fifty-nine, it shall be the right of any such how'^rnade'. 
 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 inteiwening 
 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, npon 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, 
 treasnrer, 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 tlien 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 Penaitv for 
 every applicant to the snpeiwisor, treasurer, or clerk, so relmratfo'ii. 
 causing his name to be entered npon 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 pro\nded in the thirteenth sec- 
 tion of this act. 
 
32 
 
 STATE OF MICHIGAN. 
 
 TowDsliips. 
 
 Interpreter. 
 
 False 
 
 statement. 
 
 REGISTRATION IN TOWNSHIPS AFTER 1S59. 
 
 (95) § 3547. Sec. 12. Ou the second Saturday next ]uv 
 ceding the general election and tlie annnal township nieel 
 ing, and preceding any special election, after the year eighteen 
 liundri^l fifty-nine, the board of registration of each townshi]i 
 shall be in session at the office of the townsliip clerk, from 
 nine o'clock in the forenoon until five o'clock in the afternoon, 
 for the 7>urpose of completing the list of qualified electors; 
 during wliicli session it shall be the right of each and every 
 ]terson who, at the next approaching election or township 
 meeting, 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 it shall l>e 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- 
 tor of the townsliip, 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 i)erfect examination of the ap])li'cant swear and 
 employ an interpreter truly and impartially to interiiret 
 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. 
 
 Who not 
 entitled to 
 registration. 
 
 Penalty tor 
 
 fraudulent 
 
 registration. 
 
 (96) § 3.548. Sec. 13. The name of no person but an 
 actual resident of the tow'n.ship 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. Neitlier the board, nor 
 any member thereof, shall write or enter therein the name of 
 any person, nor suffer him to write or enter his namie tlierein, 
 whom they know or have good reason to believe not to be 
 such resident and so qualified ; nor shall any pereon, 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. 
 
LAWS RELATING TO ELECTIONS. 33 
 
 (97) § 3549. Sec. 14. At such election or township when town- 
 meetina;, and as soon, at least, as the poll is opened, the town- deine?'*'* *° 
 ship clerk shall cause the register to be placed in the hands f^l^^'^tora. 
 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 pei"son Kameg may 
 shall offer and claim the right to vote whose name is not so on ellcuon 
 registered, his name may then be registered by the clerk, <i^y. 
 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 fomi, viz.: You do solemnly 
 swear that you will tnie 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 affinnation, if he be imable to under- 
 stand the English language, may be interpreted to him by an 
 inspector, or interpreter sworn by an inspector, which inter- 
 preter shall also interpret his answers to the inspectors. If, Conditions oi 
 in his answers on oath, he shall state positively that he has fFo* ™^""'''' 
 resided in the township ten days next preceding said election, 
 designating, particiilarly, 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 infirmit}' 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 stalcment, he shall be deemed guilty of per- 
 jury, and, on conviction, be subject to the pains and penalties 
 thereof. 
 
 TEN PAYS : Now twenty. See section 1. 
 
 ItEGISTR.iTION 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. (Ter Campbell, J.) — • 
 reople V. Cicolt, lG/.^02. If an elector is unaljle to attend the meetings 
 of the board for certain sppciTiod reasons, he may he registered on election 
 day upon taking the prescribed oath. — .\tt'y Gen. v. McQuade, 94 / 441. 
 
31 
 
 STATE OF MICHIGAN. 
 
 Vote may be 
 challenged. 
 
 Proviso. 
 
 Penalty for 
 illegal voting. 
 
 .\ctual 
 residence a 
 condition of 
 registration. 
 
 Penalty. 
 
 (98) § 3550. Sec. 15. Any person offering to vote at auy 
 such election, in a city, township, or village, who.se 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- 
 ever, That the vote of no person shall be received whose name 
 is not so registered. 
 
 (99) § 3551. Sec. 10. Any person knowing that his 
 name is not so registered, who shall vote or offer to vote at 
 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 
 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 regis- 
 tered contrary to the provisions of this act, shall, upon con- 
 viction of any such offense, be also punished as above pro- 
 vided in section thirteen of this act. 
 
 DEATH AND REMOVAL OP ELECTORS. 
 
 Board to (101) § 3561. Sec. 18. At every session of the board of 
 
 corS?i"su. registration of any township or ward, after the year one 
 thousand eight hundred and fifty-nine, it shall be their duty 
 1o 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, 
 a™Jibse"uint ^^^ sl'^H be Omitted in the copies al>ove provided for. But 
 if it shall happen that such entry was erroneously made, and 
 such pei-son 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 
 
 subseq 
 registration 
 
 Conditions 
 
LAWS RELATING TO ELECTIONS. 35 
 
 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 qualitied elector 
 and entitled to vote: and on making such oath or affirmation, ivnaity. 
 his name may be registered in the manner above describeil. 
 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 Penalty for 
 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 liabilitv. 
 
 (102) § 35fi2. Sec. 19. It shall be the duty of any city Copy of 
 or township clerk, except during the session of the board, or j^.'ifhedVv"^' 
 on days of election, on the demand of any qnaliiied elector ^o^nsiup 
 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 true 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) §3563. Sec. 20. Whoever shall wilfully cut, bum. Destroyer, 
 mutilate, or destroy any such register of electors, or copy ?e?.'g°ui»:rt;of 
 thereof filed for preservation, or shall unlawfully take and larwny- ' ' 
 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 bv Falsifier, etc., 
 unlawfully erasing or obliterating any name or entry law- Suiuf'of*"^' 
 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 
 years, or by fine not exceeding five hundred dollars and im- 
 jirisonment in the county jail not more than one year nor less 
 than ninety days. 
 
 (10-1) § 35G4. Sec. 21. To the end that the contents of With whom 
 such registers may not be lost, it shall be the duty of every deTkfo'fiie 
 township clerk, wilhin twenty days after each general elec- ?°p'^^ "' '■'^'- 
 tion, to make, certify, and transmit to the county clerk of the '"^' 
 I)roper county, and also to the township treasurer, a true 
 copy of such contents, to be by such county clerk and town- 
 ship treasurer filed and pre.son-ed in his office; for which, 
 when received, he shall give such towmship clerk a receipt; 
 and such township clerk shall be entitled to receive therefor. Fee."!. 
 
36 
 
 STATE OF MICHIGAN. 
 
 Certified 
 copy to be 
 evidence. 
 
 Duty of 
 inspectors. 
 
 Duty of town 
 ship clerk. 
 
 Inspectors of 
 election and 
 applicants for 
 registration. 
 
 When copies 
 must be fur- 
 nished. 
 
 Duty, etc., of 
 president and 
 trustees. 
 
 from tlie township, at the rate of fifty cents for every one 
 m, red names. And such copy, or a copy thereof certified 
 b t e CO mty clerk or township treasurer shall be prima 
 facie evidence of the contents of the original, and m case of 
 the loslor destruction of the original, shall be used in its 
 stead. 
 
 VILLAGE ELECTIONS. 
 
 (^0^) S 3565. Sec. 22. Whenever any village shall be set 
 off organized, or incorporated, by act of the legislature, or 
 bv the board of supervisors of any county pursuant to the 
 rawfof this state, it shall be the duty of the persons named 
 or appointed to act as inspectors of the first election to be 
 heldTsuch village, to procure from the clerk of the town- 
 ship or of the townships respectively, within which such vil- 
 iJe mav 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 vi lage, from the register of the electors of the township 
 or townships within which such village is situated a tinie copy 
 of tSe nam^es of all the electors residing within the limits of 
 such village, contained upon the registration books of such 
 Swnship 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- 
 nose of such first village election, in the same manner and to 
 E same effect as is above provided for the general election 
 and township meetings in townships, as near as may be; and 
 Jhere are hereby given to the inspectors of any such village 
 election the same^'power and authority, and to applicants for 
 registration the same rights and P^'il^ges which are gwen 
 to township inspectors, and to applicants at township elec 
 tions respectively, at such elections; and such inspectors and 
 applicaX and other persons mentioned in the foregoing pro^ 
 Sions regulating elections in townships, ^re charged wih the 
 same duties, and subject to the same penalties and liabilities 
 arare prov ded in like cases at such elections in townships; 
 and the vote of no person shall be received at such election 
 whosename is not written in such register, or in the copy 
 thereof used by the inspectors of such first election. Such copy 
 o the township election register for the use of s"ch^ village 
 .lection, shall be furnished at least ten days previous to the 
 time fixed for holding such first village election, on the applv 
 nation of the persons named as such inspectors, or either ot 
 them; and if no persons are named as such inspectors, upon 
 Ihe written request of any three qualified electors m said vil- 
 hwe to be delivered to the proper inspectors when appointed 
 and chosen, and to be used as above specified and provided. 
 It shall be the duty of the president and trustees of every yil- 
 la<Te after the same shall be fully organized, to conduct the 
 legistration of electors in such village for village elections, 
 and for such purpose shall give at least ten days' notice, by 
 
LAWS RELATING TO ELECTIONS. 37 
 
 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 i)resident 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 
 boai'd 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 to^\Tiships, as nearly as the 
 same can be made applicable to such registration and elec- 
 tion. 
 
 For provisions relative to registration In villages, see sections 575-77 of 
 this compilation. 
 
 (106) § 3560. Sec. 23. If any person, falsely personat- ^'oting under 
 ing any qualified elector, whose name is registered, shall, at iSam?**'' 
 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- dict'ion'; itc,''' 
 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 whei'e the punislmient 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. 
 
 (lOS) § 3568. Sec. 25. Any wilful violation of duty by violation of 
 any person charged with the execution of this act or any' pro- llemeanor."" 
 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 pmies of cir- 
 every circuit and district court, in its charge to the grand tfk't courtr 
 jury, to call their special attention to the necessity of making i'j'n'iattomev 
 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 
 offen.se has been committed, to cause the same to be prose- 
 cuted. 
 
STATE OF MICHIGAN. 
 
 City and 
 township 
 clerlts to 
 report to 
 secretary 
 of state. 
 
 Duty of secre- 
 tary of state. 
 
 Compensa- 
 tion. 
 
 Oath. 
 
 (109) § 3509. Sec. 20. It shall be the duty of every city 
 clerk and township clerk, annually, in the month of Novem- 
 ber, to forward by mail to the secretary of state of this state, 
 at the seat of government, the aggregate number of names 
 not marked with the letter "D." or "R.," appearing in the reg- 
 
 . ister for such city or township, omitting the names. And the 
 secretary of state is hereby required to keep a record thereof 
 in such manner as to show the number of votes in such city 
 and towaiship. 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) § 3.570. Sec. 27. Each member of a city board of 
 registration, while acting under this act, shall be entitled to 
 receive two dollars a day for every day he shall actually 
 serve in perfonuing his duties, to be paid by the city. And 
 each member of a township board shall receive the same com- 
 pensation as now provided for inspectors of elections. 
 
 (111) § 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 OP OATH : Evidently means form specified in Art. XVI, section 2 
 of constitution, see section 73 of this compilation. 
 
 Registers, 
 form of. 
 
 (112) § 3572. Sec. 29. Every register shall be of good 
 paper, well bound, and arranged alphabetically in the follow- 
 iug form, as near as practicable: 
 
 RESIDENCE. 
 
 Time for meet- 
 ing of board in 
 Wayne C'o.. 
 outside De- 
 troit, and 
 duration of 
 .session . 
 
 REGISTRATION IN WATNE COUNTY. 
 
 (113) § 3579. Sec. 30. 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 pui^wse 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 afteraoon, 
 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 fonn heretofore used, and shall 
 have the same powers, and perform the same duties as are 
 conferred upon or required of boards of registration nnder 
 
LAWS RELATING TO ELECTIONS. 39 
 
 the act aforesaid and the acts amendatory thereto, and the 
 same rules and requirements sliall be observed in such re- 
 registration, in all respects, as were required in the original 
 registration under said act. When such registration shall be '^'ii«''> fomier 
 completed, the former registry of electors in such townships, deemed 
 cities, villages, or election districts shall henceforth be "i^'^'''^- 
 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. 
 
 REGISTRATION IN NEW TOWNSHIPS. 
 
 An Act to provide for the registration of electors in new townships. 
 
 [.\ct 4, S. L., 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, {ioardof'r^eg- 
 whether passed by the legislature of this state, or the board 'strat'on- 
 
 of supen-isors of the proper county, shall constitute a board 
 of registration for snch new towTiship, 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 
 ]ireceding the first township meeting in such new to^^^lship, 
 
 at the place mentioned in the act providing for the organiza- 
 tion thereof, for holding such first township meeting, and Actofissoto 
 shall be governed, in all respects, by the provisions of act *»'°^'*'"* action. 
 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 .tct referred to above precedes tiiis act, see especially sections 92-100. 
 
 (116) § 3553. Sec. 3. The name of any person may be who may 
 registered at such fii-st township meeting, who shall make due "^"^sister. 
 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, uiulcr existing laws, other than 
 
 That requiring registration. 
 
 (117) § 3556. Sec. 4. The members of such board of Kieciionof 
 registration hereby created, shall elect one of their number de^r'™"" ""'' 
 
40 
 
 STATE OF MICHIGAN. 
 
 Powers and 
 duties of. 
 
 Vacancies on 
 board, liow 
 filled. 
 
 Notice of 
 meeting. 
 how given. 
 
 chairman, and another clerk of said board, who shall re- 
 spectively possess the same powers and perform the same 
 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 Mw. 
 
 (118) § 3557. Sec. 5. In case one or more of the per- 
 sons appointed as such inspectors of election hereinbefore 
 mentioned shall, from any cause, fail to appear at the place 
 specified for the Iiolding of such first township meeting, to 
 form a board of registration, as herein provided, such va- 
 cancy or vacancies on said boai*d 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 
 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- 
 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 
 not'tifraee^*"^* ^^^ 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 electore thereof, in any room or building where intoxi- 
 cating liquors are sold or kept for sale, or any room adjacent 
 to a room where such liquors are sold or kept for sale, or 
 connected by hall or doorAvay with such room or .saloon where 
 intoxicating liquors are sold or kept for sale. 
 
 (121) § 3560. 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 thii-ty days nor more than six 
 months, or both such fine and imprisonment in the discretion 
 of the court. 
 
 Violation a 
 misdemeanor. 
 
 Punishment. 
 
LAWS RELATING TO ELECTIONS. 41 
 
 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. A general election shall be held General eiec- 
 
 . , , , . tion, when 
 
 in the several to^Tiships and wards of this state, on the Tues- held. 
 day succeeding the first Monday of November, in the year 
 eighteen hundred fifty-two, and on the Tuesday succeeding 
 the first Monday of November, every second year thereafter, 
 at which there shall be elected so many of the following 
 officers as are to be chosen in such years respectively, that 
 is to say: A governor, lieutenant governor, secretary of ofncera 
 state, state treasurer, auditor general, attorney general, com- elected. 
 missioner of the state land office, electors of president and 
 vice president of the United States, representatives in con- 
 gress, tlip senators and representatives in the state legisla- 
 ture, and the following county officers, viz. : Judges of pro- 
 bate, 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. 
 
 Am. 1S1,3, Act 56. 
 
 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 sucli 
 township. — People v. Knight, 13/424. 
 
 GENERAL ELECTION : The term "general election" means the biennial 
 November election. — People \. Palmer, 91 / 286 ; Westingbausen v. People, 
 44 / 268 ; People v. Lord. 9 / 227. So far as the election of judge of pro- 
 bate is concerned an election at arty other time must be regarded as a special 
 election. — People v. Palmer, 91 / 28G. 
 
 CONDUCT OF 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. Withercll, 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, hut may require it to be sul)Jected 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.i. 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 Clove, 1 / 362 ; People v. Uiggins, 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. 
 
 (123) § 3596. Sec. 2. Special elections may be held in in what cases 
 the following cases, and for the election of the following oiS- tufns'held.'^" 
 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 boai-d of education; 
 
42 
 
 STATE OF MICHIGAN. 
 
 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 oflSces 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. WTien, in any other case of a vacancy not particularly 
 provided for in this section, the governor shall, in his discre- 
 tion, so direct. 
 
 Oren v. Spcretary ot State, 171 / 590 ; Election Com'rs v. Wayne Circuit 
 Judues, 172/430. 
 
 SUBDIVISION 3 : The deatli of an officer elect before qualification and 
 before tlie expiration of the term of the incumbent, creates no vacancy to 
 be flllod Ijy appointment, but the full term must be filled by special election 
 under this subdivision. — Lawrence v. Hanley, 84 / 399 : People v. Lord. 9 / 
 227. 
 
 ""subdivision 4 : People v. Palmer, 91 / 286. Filling vacancies In office 
 of county clerk. — Section 488. Register of deeds. — Sections 444, 488. 
 Countv treasurer. — Section 436. Sheriff, coroner and county surveyor. — Sec- 
 tion 488. 
 
 When vacau- (124) § 3597. Sec. 3. A vacaucy in either of the offices 
 mied'^aT^en- iiaiued in the first section of this act, which shall not have 
 era! elections, ^jgg^ supplied before a general election, may be supplied at 
 such election. 
 
 Election Com'rs v. Wayne Circuit Judges, 172 /430. 
 
 This section is merely permissive. — Secord v. Foutch, 44 / 92. 
 
 See annotations under section 131 intra. 
 
 When special 
 election.? not 
 to be held. 
 
 When to be 
 ordered by 
 board of 
 supervisors. 
 
 (125) § 359S. Bec. 4. No special election shall be held 
 within three months next preceding a general election, ex- 
 cept iu cases where the governoi* shall order a special elec- 
 tion. 
 
 (12C) §3.509. Sec. 5. Special elections for the choice of 
 the county ofiflcers 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. 
 
 Tobeheidone (127) §3G00. Sec. G. Special elections shall be held and 
 PQjj^jjjyp^ Qjjg (|j,y 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. 
 
 (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. 
 
 day only 
 
 Persons deem- 
 ed elected. 
 
LAWS RELATING TO ELECTIONS. 43 
 
 (129) § 3602. Sec. 8. Whenever the time fixed by the Election ot 
 law of congress, foi" the election of electors of president and pras'ident and 
 vice president of the United States, shall not occur on the \>'e president 
 day appointed for holding the general election, such election 
 
 for electors of president and vice president shall be held on 
 the dav so fixed bv the law of congress thei'efor. 
 
 (130) § 3003. "Sec. 9. All the provisions of law rela- idem. 
 ting to the notifying and holding of the general elections, 
 and the election of electors of jiresident 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 I'espects, and with 
 the like effect, as in case of the election of such electors at a 
 general election. 
 
 NOTIFICATION OP ELECTIONS. 
 
 (131) § 3004. Sec. 10. When a vacancy shall occur in secretary of 
 the office of judge of the supreme court, of judge of the cir- f,o'\'ice'o/eTec- 
 cuit court, regent of the university, or member of the state ''.""^ng,?" 
 board of education, thirty days or more before a general elec- 
 tion, the secretary of state shall, at least twenty days before 
 
 such election, cause a written notice to be sent to the sheriff' 
 of each of the counties within the election district in which 
 such vacancy may occur, which notice shall state in which 
 office the vacancy occurred, and that such vacancy will be 
 supplied at the next general election. 
 
 Oren v. Secrctar.v of State, 171 / 590. 
 
 NOTICE : The autborlties are uniform that the neglect of the secretary 
 of state, or of the sheriff, or of both of them, to give these notices, would 
 not invalidate an election of persons receiving the highest number of votes 
 for any ofHce for which the regular term was by law to be tilled at a 
 general election. — Adsit v. Scc'y of State, 84 / 42.'5 ; Att'y Gen. v. Can- 
 vassers, 64/609: Powell v. Com. Council, 51/129: People v. Witherell, 
 14 / 48 : People v. Hartwell, 12 / 508. The notice required by the statute 
 in such case is deemed directory and not mandatory. The right and duty 
 to hold the election is derii'cd from the law and not from the notice. — 
 Adsit V. Sec'y of State, 84/425; Lindstrom v. t'anvassers, 04/470. But 
 an election to till a vacancy, of which no notice was given, aud which was 
 in fact linown to but few of the voters, is void. But though the official 
 notice was not given, or, if given, not in the prescribed form, yet, If the 
 election has been held, and the great body of the voters had notice in fact 
 of the vacancy, this, coupled with the fact that they are presumed to know 
 that the law requires the vacancy to be filled at the next election, is suffi- 
 cient, even though many refrained from voting because of a difference in 
 the construction of the law. — Adsit v. Sec'y of State, 84 / 427. See Secord 
 V. Foutch, 44 / 89. The question to be considered in these cases is whether 
 the want of the statutory notice has resulted in depriving suiBcient electors 
 of the opportunity of voting to eliange the result of the election : and the 
 election sliould not be set aside when it is apparent that the result would 
 not have been different had all the electors voted. — Adsit v. Sec'y of State, 
 84 / 420. 
 
 (132) § 3605. Sec. 11. The secretary of state shall, be- ot general 
 tween the first day of July and the first day of September elections, 
 preceding a general election, direct and cause to be delivered 
 
 to the sheriff' of each county in this state, a notice, in writ- 
 ing, that at the next general election tliere will be chosen as 
 many of the following officers as are to be elected at such 
 general election, viz. : A governor, lieutenant governor, sec- 
 retary of state, state treasurer, auditor general, attorney gen- 
 
44 STATE OF MICHIGAN. 
 
 ei-al, superintendent 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, 
 and a representative in congress for the district to which each 
 of such counties shall belong. 
 
 McPherson v. Sec'y of State, 92 / 392. 
 
 The constitution. Art. XI. now requires tliat the superintendent of public 
 instruction and members of the state board of education be elected at the 
 April election, see sections 66, 69, 510, 511. 
 
 Of elections of (133) § 3G06. Sec. 12. He shall also, between the first 
 representa"'^ day of Julv and first day of September preceding such elec- 
 tives, tion, direct and cause to be delivered to the sheriff of each 
 
 county a notice in writing, stating the number of senators 
 and representatives to be elected in such county, specifying 
 the number of each district, and the limits of such district, 
 when the county alone does not constitute a senatorial or 
 representative district or districts. 
 
 See note to section 131. 
 
 Of special (134) § 3G07. Sec. 13. Whenever a special election shall 
 
 elections ^^ ordered by the governor to fill any vacancy, the secretary 
 
 of state shall immediately notify the sheriff of each of the 
 counties embraced in said election district, of the time of 
 holding such election, the cause of such vacancy, the name of 
 the officer, and the time when his term of office will expire. 
 
 See note to section 131. 
 
 Duty of board (]35) § 3fiOS. Skc. 11. When the board of supervisors 
 supervisors ^^ ^ founty Shall Order a special election to fill a vacancy in 
 any office, such order shall be in writing and signed by the 
 chairman and clerk of the board, and shall specify how the 
 vacancy occurred; the name of the officer in whose office it 
 occurred; the time when his term of office will expire, and 
 the day on which such s]iecial election shall be held, not 
 being more than forty nor less than thirty days from the 
 making of such order; and such clerk shall, without delay, 
 cause a co])y of such order to be delivered to the town.ship 
 clerk of each townshij), and to one of the inspectors of elec- 
 tion in each ward of any city in the county. 
 
 Secord v. Foutch, 44 / 89 ; People v. Palmer, 91 / 287. 
 
 Duty of sheriff (13C) § .^fiOfl. Sec. 15. The sheriff, on receiving either 
 SStice"''"^ "f the notices directed in this act to be sent to him, shall 
 forlhwith cause a notice in writing to be delivered to the town- 
 ship clerk in each township, and to one of the inspectors of 
 election in each ward in any city of his county, which notice 
 shall contain in substance the notices so received by such 
 sherifl'; but if such county shall be divided into two or more 
 senatorial or representative districts, then such notice, so far 
 as it relates to the election of senators or representatives, 
 
LAWS RELATING TO ELECTIONS. 45 
 
 shall be delivered to the proper officer in each township or 
 ward in each respective district. 
 
 See note to section 131. 
 
 (137) § 3610. Sec. 16. He .=;han also give at least idem. 
 twenty days' notice in writing, to be delivered to tlie to^Ti- 
 ship clerk of each township, and to one of the inspectors of 
 election in each ward in any city in his county, of the hold- 
 ing of each general election, for the choice of county officers, 
 designating the officers to be chosen at each and every such 
 election. 
 
 (138) § 3611. Sec. 17. The township clerk or inspector Duty of town- 
 of elections, receiving either of the notices directed in this fnspec'to'^J^o°n 
 act to be delivered to him, shall, bv notice in writing, under reoeiving 
 
 * ^ notice 
 
 his hand, give at least ten days' notice of the time and i)lace 
 at which such election is to be held, and the officers to be 
 chosen, which election shall be held at the place of holding 
 the last preceding township meeting, or at such other place 
 in the township as the township board of such township shall* 
 prescribe; and if the notice is of a general election, at which 
 a vacancy is to be filled, it shall state the name of the per- 
 son in whose office the vacancy shall have occurred, and that 
 such vacancy will be supplied at such election; and such 
 township clerk or inspector shall cause such notices to be 
 posted up in at least three of the most public places in the 
 said township or ward. 
 
 Sections lS-41 o£ this act were superseded by tbe act of ISOl immediately 
 following. 
 
 MANNER OF CONDUCTINC GENERAL ELECTIONS. 
 
 An Act to prescribe the manner of conducting and to prevent fraud 
 and [deception] deceptions at elections In this state. 
 
 [Act 190, P. A. ISOl.] 
 
 The People of the State of Michigan enact: 
 
 (139) § 3612. Section 1. That at all elections at which inspectoraof 
 any presidential elector, member of congress, member of the to*^co'n3tit^ute. 
 legislature, state or county officer or circuit judge is to be 
 elected, or any amendments to the constitution, the super- 
 visor, two justices of the peace, not holding the office of super- 
 visor or township clerk, whofse term of office will first ex- 
 pire and tlie township clerk of each township, and the as- 
 sessor, if there be one, an alderman of each ward in a city 
 shall be the inspectors of election : Provided, That in all vot- Proviao. 
 ing precincts where by special enactment, provisions exist for 
 designating inspectors of election said provisions are not to 
 be superseded, but such officers shall be the inspectors of elec- 
 
46 STATE OF MICHIGAN. 
 
 Further tion Under this act: And provided further, That uo person 
 
 proviso. shall act as such inspector, who is a candidate for any office 
 
 to be elected by ballot, at said election. 
 
 DESIGN OF ACT : Tliis act is, dcsisned to secure absolute secrecy to the 
 elector ,nn(l thus prevent all opportunity for corrupt practices. — Att'y Gen. 
 V. McQuado. 94/443; Att'y Gen. v. May. 09/544. It was passed to pre- 
 serve the purity of elections and, although it may result in some incon- 
 venience to the voter, the restrictions placed upon tlie manner of votiuf; and 
 the regulations, under which votes may he received and placed in tlie ballot 
 lioxes, "are witliin the province of the legislature. — .^tt'y Gen. v. May, 99/ 
 347. This stalute supplanted a law which permitted a voter to vote openly 
 any ballot that he might choose. — Att'y Gen. v. Stillson. 108 / 422. 
 
 COUNTY OFFICER: CIRCUIT .JUDGE: Special elections for judges or 
 county officers are apparently covered by this section and call for tlie action 
 of the county commissioners provided for in section 147. — Peck v. Super- 
 visors. 102 / S5.5. 
 
 CONSTITUTIONAL AMENDMENTS: Under Const, xvii, 1, such amend- 
 ments may be submitted at spring elections. In such case the ballots must 
 be prepared by the county commissioners and may be separate and be cast 
 in a separate box, from those for township officers. — Peck v. Supervisors, 
 102 / 353. 
 
 When inspect- (140) § 3C13. Sec. 2. In case four inspectors shall not 
 ?IvaTOre^ attend at the opening of the polls, or shall not remain in at- 
 tendance during the election tlie electors present may choose, 
 viva voce, such number of said electors as, with the inspector 
 or inspectors present, shall constitute a board of four in 
 number; and such electors so chosen, shall be inspectors of 
 that election, during the continuance thereof. 
 Clerks of (141) § 3614. Sec. 3. In townships, the towTiship clerk, 
 
 election jj present, shall act as clerk of the election, and before the 
 
 opening of the polls, the inspectors in each township shall 
 appoint an elector to be a second clerk of the election ; and 
 if the township clerk shall n-ot be present, the board shall 
 appoint two such clerks, and the insjiectors in each ward or 
 voting precinct in a city shall designate one of their number 
 to act as clerk and shall appoint one other elector as second 
 Oath of office clerk; and each of the clerks so appointed, and each of the 
 inspectors so chosen, shall take the constitutional oath of 
 office, which oath either of the inspectors may administer. 
 When voting (142) §3615. Sec. 4. When auv election district or vot- 
 Erdiv?ded'""^ iiig preciuct shall contain over three hundred electors, ac- 
 cording to the poll list of the last preceding general election, 
 the township board in to'n'nships and the city council in 
 cities may, in their discretion, divide such voting precincts in- 
 what to to two or more election districts. In case of townships and 
 
 ceedufga'.'^" incorporated villages so divided, the provisions of chapter 
 eight of Howell's annotated statutes shall apply to and 
 govern all proceedings hereunder, with reference to .such di- 
 vision, lioards of registration, election inspectors and all mat- 
 when com- tcrs arislug therefrom not provided for by this act. In cities 
 
 mon council , ., ..* . ^ ,,.,, , ■,■,■■ 
 
 to provide for wliere no s])ecial provisions exist relative thereto, such divi- 
 by ordinance. j.Jqjj ^^^ j^jj masters arising therefrom, not covered by the 
 provisions of this act, shall be provided for by ordinance of 
 the common council of said city, and it is hereby made the 
 duty of such common council to make all necessary rules and 
 regulations in connection therewith to folly carry out the 
 provisions of this section. 
 
 Conely v. Common Council, 93 / 44G. 
 
LAWS RELATING TO ELECTIONS. 47 
 
 (143) § 361G. Sec. 5. On the day of election the polls PoUs, 
 thereof shall be open at seven o'clock in the forenoon or as "'^^""P'^" 
 soon thereafter as may be, and shall be continued open until 
 
 five o'clock in the afternoon of the same day and no longer; 
 
 but in townships the board may adjourn the ]iolls at twelve 
 
 o'clock, noon, for one hour, in its discretion. The inspectors Proclamation. 
 
 shall cause proclamation to be made upon opening the polls 
 
 and cause proclamation to be made of the closing of the polls 
 
 one hour, thirty minutes and fifteen minutes, respectively 
 
 before closing tliereof : Provided, That city councils, village Proviso, 
 
 councils or township boards may by resolution keep the polls !"mefof^"'' 
 
 open until eight o'clock in the evening of the same day and no losing. 
 
 longer. 
 
 Am. 1911, Act 60; 1913, Act 35. 
 
 As to irregularities in opening and closing tlie polls, see People v. Cicott, 
 16/305, 324. 
 
 (144) § ?.617. Sec. 6. There shall be provided and kept {;'^f baUot 
 by the township clerk in each township at the expense of such 
 township, and in each ward or voting precinct of any city by 
 
 the city clerk or recorder at the expense of the city, one or 
 more suitable ballot boxes, with lock and key, which ballot 
 box shall have an opening through the lid of the proper size 
 to admit a single closed ballot, through which each ballot re- 
 ceived shall be passed into the box. He shall also furnish Election seal. 
 a township or ward election seal, which shall contain the 
 name of the township or ward and the words "election seal" 
 around the margin thereof, and such other words or device 
 thereon as the town.ship board of the township or common 
 council o^ the city may prescribe. 
 
 BALLOT BOXES : Tlie law contemplates that, where state or county 
 measures, or state or county officers to be elected by reason of ^a vacancy, 
 are to be voted upon, the county commissioners may act : and in such case, 
 the ballot may bp separate from the ballot containing the tickets for town- 
 ship officers and separate ballot boxes may be used, for the furnishing of 
 which this section provides. — Pecli v. Supervisors, 102/356. 
 
 SEAL ; The seal is a necessary part of the equipment under the general 
 law and mu.st be used to seal the ballot box as required. — Ritze v. Canvassers 
 of Iron County, 172 / 423. 
 
 (145) § 3618. Sec. 7. Before opening the poll, the bal- Careof^box, 
 lot box shall be examined, and the contents, if any, removed ^^' ^ °' 
 therefrom ; it shall then be locked, and the key thereof de- 
 livered to one of the inspectoi-s, to be designated by the 
 
 board. The said box shall not be opened during the election, 
 except a.s provided by law in case of adjournments. 
 
 (146) § 3619. Sec. 8. When the supervisor shall be one chairman of 
 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 Board of 
 judge of probate, county clerk and county treasurer shall mlssionera.'"' 
 constitute 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 
 
48 
 
 STATE OF MICHIGAN. 
 
 Proviso. 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 
 constitiite a board of election commissioners, two of wliom 
 shall constitute a quorum. In the counties last above 
 specifically mentioned, the chairman of said board of county 
 canvassers shall be chairman of the board of election com- 
 missioners, 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 couutj' canvassers, acting 
 as a board of election commissioners, the members of the 
 
 Compensation, board who are present may till said vacancy. When the 
 said board of election commissioners is made up of the 
 board of county canvassers the members of said board 
 shall receive the same compensation as they are entitled 
 to by law for their sendees when acting as a board of 
 county canvassers. It shall be the duty of said board to 
 prepare a suflicient number of ballots, at least two to each 
 elector, according to the vote at the last preceding general 
 election, for election of all oflicers for whom the electors 
 are entitled to vote, and for all proposed constitutional 
 amendments or other questions to be submitted to the elec- 
 tors 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 count.v 
 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. 
 
 CONSTITUTION.iL AMENDMENTS : Act to secure publicity of amend- 
 ments to the constitution, see sections 634-5 infra. * 
 
 Number 
 of ballots. 
 
 To print 
 name.') on 
 ballots. 
 
 Committees 
 to forward 
 names. 
 
 Proviso, 
 nomination 
 by two or 
 more parties. 
 
 (148) • § 3621. Sec. 10. The said board of election com- 
 missioners shall cause to be printed on the ballot or ballot 
 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 the duty of the state, district or county commit- 
 tee of each political party to forward to the chairman of 
 the said board of election commissioners of each county in 
 the state, not less than thirty days prior to any such elec- 
 tion, a coi)y of the vignette adopted by them and the names 
 of all candidates nominated at any regularly called convention 
 or primai-y at which candidates for any of the oifices men- 
 tioned in section one of this act shall be nominated; and no 
 other names, unless authorized and instructed by said con- 
 vention, except that in the county of Wayne such county 
 and district committees shall perform such duty not less 
 than ten days prior to any such election. All the names of 
 parties so nominated shall be certified to by the chairman 
 and secretary of the respective committees: Provided, That 
 it shall be unlawful for said board of election commis- 
 sioners to cause to be printed or placed in more than one 
 
LAWS RELATING TO ELECTIONS. 49 
 
 column on the ballot or voting machine the name of any 
 candidate who shall have received the nomination by two 
 or more parties or political organizations for the same oflBce. 
 Any person so receiving the nomination for the same oflfiee Nominee to 
 by two or more parties or political organizations shall, with- ''''™ "°"'=*'- 
 in five days after his name has been certified to said election 
 commission as having been nominated by two or more politi- 
 cal 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 for each county in the district, if said nomi- 
 nation be for a congressional, judicial or legislative office, 
 and to the board of election conmiissioners of the county, 
 if such nomination be for a county office, specifying in such 
 notice the column of which party or political organization 
 on the ballot or voting machine he wishes his name to he 
 printed or placed, and said board of election commissioners 
 shall print or place the name of such candidate in such col 
 umn on the ballot or voting machine so specified by him. 
 and in no other column. Such notice shall be given to How given. 
 said election commissioners by delivering the same either in 
 person 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 
 such notice shall be given by a nominee for a county, judicial 
 or legislative office witliin said county, within three days 
 after his name has been so certified as having been nomi- 
 nated' by two or more political parties: Provided, That in Proviso, 
 case any such candidate so nominated by two or more parties ^^^^^^^' *"= 
 or political organizations for the same office, and whose 
 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 
 as above provided, shall refuse or neglect to give notice to 
 said board of election commissioners as above provided, and 
 within the time above named, specifying in which column 
 on the ballot or voting machine he wishes his name to be 
 printed, then and in such case the said board of election 
 commissioners shall cause his name to be printed or placed 
 in the column of the party or political organization, from 
 the chairman and secretary of whose committee said board 
 of election commissioners shall have first received notice of 
 such person's nomination for said office, and said board of 
 election commissioners shall not cause the name of such per- 
 son to be printed on the ballot or placed on the voting ma 
 chine as a candidate for the same office in any other column. 
 All the provisions of this section shall apply to all city, Appiiration 
 village and township elections 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 com- 
 missioners within two days after his name has been so cer- 
 
STATE OF MICHIGAN. 
 
 tified as nominated by two or more political parties for the 
 same office, but this section shall not be construed as con- 
 flicting with act number one hundred ninety-four of the 
 public acts of eighteen hundred ninety-one. 
 
 Am 1905. Act 25: 1909, Act 302; 1913. Act 375. 
 
 Act 194 of 189] is sections 231-233 of tliis compilation. 
 
 NOMINATED BY CONVENTION : A candidate ouKint to be placed In 
 nomination Kv 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 cannot 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. .Tacob, 88 / 171. See, also, Bragdon v. Navarre, 
 102/259: Stephenson v. Election Com'rs, 118/416. 
 
 VIGNETTE : But one vignette is provided for, but the placing of a 
 separate vignette at the head of the county ticlset, 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 beading below it. — Shields v. Jacobs, 88 / 164. 
 
 See Baker v. Election Com'rs, 110 / 635. 
 
 Impression ot 
 vignette to 
 be filed. 
 
 (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 
 engraving or otherwise, a vignette, to be printed at the top 
 of the column of such ballot assigned to such party, as a 
 distinctive 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 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 in- 
 spection by the candidates named thereon and by the chair- 
 man of each committee furnishing the names of candidates 
 thereon, but by no other person, at least twenty days prior 
 to each election, except in the county of Wayne, where such 
 copy shall be on file at least ten days prior to each election. 
 And it shall be the duty of the board of election commis- 
 sioners to correct such errors as may be found therein by 
 such inspection. 
 
 Am. 1913, Act 375. Act 54 also amended this section. 
 
 VTONETTE ; 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. 
 
 (150) § 362.3. Sec. 12. When such vignette and head- 
 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- 
 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- 
 
LAWS RELATING TO ELECTIONS. 51 
 
 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 o"''co'imte°?e4t. 
 it sliail be unlawful for any person to imitate, copy or in any 
 inaunoi- 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-^"^™^' 
 vide, at the expense of the county, a suflQcient 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 certify "amend- 
 electors of the state for popular vote the secretary of state "i*"'"' 
 shall- duly and not less than fifteen days before election, cer- 
 tify the same to the clerk of each country in the state. 
 
 rONSTITUTIONAL AMENDMENTS: For an act to secure greater pub- 
 licity for amendments to the constitution, see sections 634-5. 
 
 (152) § 3G25. Sec. 14. The board of election commis- printing of 
 sioners in each county shall cause the names of all candi- {lalioTs.^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. 
 .\t the general elecl:ion held in November the names of the Name of 
 several offices to be voted for shall be placed on the ballot in ''*'^'' 
 the following order: Electore of president and vice presi- order of 
 dent of the United States, governor, lieutenant governor, sec- 'llr Norember 
 retary of state, state treasurer, auditor general, attorney gen- Section. 
 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 l)e voted for shall be 
 placed in the appropriate place on the ballot, regard being 
 had to its being a state, congressional, legislative, or county 
 office. The tickets of the party having the greatest number party tickets. 
 of votes within the state at the last preceding presidential 
 election as shown by the votes cast thereat for electors of 
 
52 STATE OF MICHIGAN. 
 
 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 ^j^^ same quality and color of white paper, and suflSciently 
 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 comer 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 bi.iiMt. is deposited in the ballot box. The ari'angement 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 othera : 
 
 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. 
 
 53 
 
 
 
 
 
 
 NAMES OF OFFICES 
 VOTED FOR. 
 
 Vignette 
 
 with 
 
 Name of Party. 
 
 Vignette 
 
 witti 
 
 Name of Party. 
 
 Vignette 
 
 with 
 
 Name of Party. 
 
 
 
 
 
 
 
 
 
 
 
 1 — 1 Name of can- 
 1— 1 didate. 
 
 1 — 1 Name of can- 
 LJ didate. 
 
 1 — 1 Name of can- 
 LJ didate. 
 
 PRESIDENTIAL. 
 
 Electors of President 
 
 a nd Vice-President. 
 
 1—1 Name of can- 
 U didate. 
 
 1 — 1 Name of can- 
 LJ didate. 
 
 1 — 1 Name of can- 
 Ll didate. 
 
 
 1 — 1 Name of can- 
 LJ didate. 
 
 1 — 1 Name of can- 
 LJ didate. 
 
 1 — 1 Name of can- 
 U didate. 
 
 STATE. 
 Governor 
 
 
 
 1 — 1 Name of can- 
 LJ didate. 
 
 1 — 1 Name of can- 
 U didate. 
 
 1 — 1 Name of can- 
 LJ didate. 
 
 
 1 — 1 Name of can- 
 LJ didate. 
 
 1 — 1 Name of can- 
 LJ didate. 
 
 1 — 1 Name of can- 
 l—l didate. 
 
 
 
 1 — 1 Name of can- 
 l_J didate. 
 
 1 — 1 Name of can- 
 Ll didate. 
 
 1 — 1 Name of can- 
 LJ didate. 
 
 
 Representative in Congress, 
 
 1 — 1 Name of can- 
 LJ didate. 
 
 1 — 1 Name of can- 
 l—l didate. 
 
 1 — 1 Name of can- 
 LJ didate. 
 
 
 
 1 
 LEGISLATIVE. Name of can- 
 Senator DMrict '-' '^'"^''^''■ 
 
 r— 1 Name of can- 
 LJ didate. 
 
 1 — 1 Name of can- 
 LJ didate. 
 
 Representatite District Q ^'"dMate*^*"' 
 
 1 — 1 Name of can- 
 L-J didate. 
 
 1 — 1 Name of ean- 
 U didate. 
 
 COUNTY. 
 Judfje 0/ Probate 
 
 1 — 1 Name of can- 
 U didate. 
 
 1 — 1 Name of can- 
 LJ didate. 
 
 1 — 1 Name of can- 
 Ll didate. 
 
 
 
 Sheriff, 
 
 1 — 1 Name of can- 
 1— 1 didate. 
 
 1 — 1 Name of can- 
 LJ didate. 
 
 1 — 1 Name of can- 
 
 
 
 — 
 
 Clerk i — 1 Name of can- 
 1 l-J didate. 
 
 1 
 
 1 — 1 Name of can- 
 U didate. 
 
 1 — 1 Name of eai 
 LI didate. 
 
54 
 
 STATE OF MICHIGAN. 
 
 Am. 1901, Act 214. 
 
 OFFICIAL BALLOT : Ag to printing names on ballots and the prepara- 
 tion of the ticltets, 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 /GSn. 
 A spring election held not a general election in determining the right tr> 
 place a ticket in the first column of an oflSciai ballot. — Edgar v. Bd. of Elec. 
 Com'rs. ll.S/41.8. 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 
 189,3. 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 b.v 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, 1G/2S3; 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 tor "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 ,Tohn 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 he 
 provided. 
 
 I n case a 
 name has been 
 omitted. 
 
 Change in li;il. 
 lols 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 count.v 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 provideil 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 sucli 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 
 necessary' change in such ballot shall be made bv the board. 
 
LAWS RELATING TO ELECTIONS. 55 
 
 (lo-4) § 3627. Sec. 16. It shall not be lawful for the rniawtui to 
 printer of such ballots or any othei' person to give, or deliver llffiVfa/'baUof" 
 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 I'roviso. 
 it shall and may be lawful for the chaii-man 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) § 362S. Sec. 17. It shall be tlie duty of the board Hoard oreiee- 
 of election commissioners of each county to provide and en- .«jonera'to°fur- 
 close in each package of official ballots to be delivered to '"^^ pencils. 
 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 necessai'y, at leaist three black 
 or blue lead pencils being furnished for evei"y 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- uuty of chair- 
 man of the board of election inspectors of each voting pre- J","" baUo°3. 
 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 lli'dtteJ!^^'' 
 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 enclo.sed in such ballot boxes instead of 
 with the ballots. The neces.sary number of ballots shall be iiowbaiiota 
 wrapped and tied in packages, and securely sealed with wax, ''"' "''■ 
 and the chairman of said board of election commissioners or 
 some other mcmlier thereof, duly authorized therefor by said 
 board, shall make and sign a certificate setting forth the 
 number of ballots in such package, and tliat such ballots were 
 
56 
 
 STATE OF MICHIGAN. 
 
 When to be 
 opened. 
 
 When board to 
 send ballots. 
 
 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 
 may deem proper. 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. 
 
 (157) § 3G30. Sec. 20. In case none of the board of 
 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- 
 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. 
 
 (158) § 3631. Sec. 21. In all townships, and all voting 
 precincts in cities, the township board of each township, and 
 the various ofScers 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 i-oom 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 
 to be erected in said railing. The entrance gate shall be in 
 charge of a gate keeper appointed at the opening of the polls 
 by the board of election inspectors, and duly sworn to allow 
 no per.son to pass through said gate and enter said railing 
 except as otherwise provided in this act, except to vote or to 
 assist some elector in the prepai'atiou 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 
 ])reparation 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 
 in the order in wliich they shall apply. The entrance gate 
 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, 
 
 To file receipt 
 for ballots. 
 
 Railing or 
 fence to he 
 erected in 
 voting room. 
 
 Entrance to be 
 in charge of 
 gate keeper. 
 
 Who allowed 
 inside railing. 
 
 Booths to be 
 erected. 
 
LAWS RELATING TO ELECTIONS. 57 
 
 and not less than one for each hundred persons entitled to 
 
 vote thereat, as shown by the last preceding registration of 
 
 electors, and built Avith 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 Exit gate and 
 
 contain an exit gate, which shall be under the care of an '^^p^'"- 
 
 oflScer appointed by the board and duly sworn, as above. 
 
 The booths must be so constructed as to secure secrecy to the voter in 
 the prep,Tration 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 bo 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, 
 Ihe 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 Delivery of 
 then deliver to any one of the inspectors fifty of the ballots, I'lfipeSo?. 
 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 Delivery of 
 voter calls for a ballot, one of the inspectors shall deliver to vo'/er. '° 
 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. 
 
 See note to previous section. 
 
 INITI.ALING B.\LL0TS : 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 /51]. 
 
 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 lov,'er 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 
 tlie law. As vn^ed, tliey were secret ballots. The electors voted them in 
 the ulmosi good faith, without objection or cballenge 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 oflicer, is a gross injustice, and is calculated to bring 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 
 v. Bd. of Canvassers, 119 /GO. .\ct 55 of 1905, making provision for initial- 
 ing ballots and rejecting those improperly marked, is constitutional. — People v. 
 Einehart, IGl / 585. 
 
58 
 
 STATE OF MICHIGAN. 
 
 Challengers, 
 who may 
 designate. 
 
 Removal. 
 
 Proceedings, 
 when elector 
 challenged. 
 
 Form of oath , 
 when elector 
 challenged . 
 
 (160) § 3G33. Sec. 23. At every election, each of the 
 political parties, and any organization or committee of citi- 
 zens interested in the adoption or defeat of any measure to 
 be voted for or upon at any election, or interested in pre- 
 serving the purity of elections and in guarding against the 
 abuse of the elective franchise, shall have the rght to 
 designate and keep not exceeding two challengers at each place 
 of voting, who shall be assigned such positions immediately 
 adjoining the inspectors 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, and he shall have the right to inspect the 
 poll lists as kept by the clerks, and who shall be protected 
 in the discharge of their duty by the inspectors and the 
 police. Authority signed by the recognized cbainiian or pre- 
 siding officer of the chief managing committee of any or- 
 ganization or committee of citizens interested in the adoption 
 or defeat of any measure to be voted for or upon at any 
 election, or interested in preserving the purity of elections and 
 in guarding against the abuse of the elective franchise or 
 any political party in such county or township, city, ward 
 or voting precinct, shall be sufficient evidence of the right 
 of such challengei"s to be present inside the room where 
 the ballot box is kept. The chairman appointing any chal- 
 lenger may, at his discretion, remove him and appoint an- 
 other. Any challenger shall have the right and privilege 
 of remaining during tJie canvass of the votes and until 
 the returns are duly signed and made. Any officer or elec- 
 tion board who shall prevent the presence of such chal- 
 lengers as above provided, or shall refuse or fail to provide 
 such challengers with conveniences for the performance of 
 the duties expected of them, shall upon conviction, be pun- 
 ished as provided in section forty-five of this act. 
 
 Am. 2nd Ex. Sess. 1912, Act 8. 
 
 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 
 
LAWS RELATING TO ELECTIONS. 59 
 
 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 pi-ecinct, 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 yeait? of age, that you resided in this state on the first 
 day of January, one thousand eight hundred and fifty, that 
 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 affinn) 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 
 have 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 penaitj- for 
 oaths, his vote shall be received ; but if such person shall (^j|pi"-"° 
 therein swear falsely, upon conviction thereof he shall be lia- 
 ble to the pains and penalties of perjury. 
 
 RESIDENCE ; The temporary absence of a pel-son 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. — Ilarbaugh v. Cicott, 33 / 242. See also notes to section 97. 
 
 VOTING TWICE: One who has. first by mistake, voted in the wrong pre- 
 einet. and upon di-scovcring 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 bis proper precinct; and his 
 second vole 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, 72/309. 
 
 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, 97/301; People v. Cicott, 10/302. 
 
 (162) § 3635. Sec. 25. It shall be the duty of each in- Dutyotin- 
 spiector to challenge every person offering a ballot whom he cPi^ie°n|e.° 
 
60 
 
 STATE OF MICHIGAN. 
 
 Manner of 
 voting, etc. 
 
 How ballot 
 marked by 
 voter, etc. 
 
 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 
 challenged or shall have taken the necessary oath or aflflrma- 
 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 
 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 
 ofif 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 oft" 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 
 
 Proviso. 
 
 To vote for 
 candidates 
 not on any 
 ticket. 
 
 What deemed 
 a vote for 
 each can- 
 didate. 
 
LAWS RELATING TO ELECTIONS. 61 
 
 there is only one candidate to be elected to any oflBce, 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 
 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 
 ])laced 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 
 jiarty name, a cross in the square before the name of any 
 candidate shall be deemed a vote for such candidate except 
 ill 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 ^""^ '"'"°' 
 he exposed, and so that the initials of the inspector shall be 
 on the outside thereof, and on leaving the booth shall at once 
 deliver in public view such ballot to the inspector designated 
 to receive the same, who 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- 
 foiated, 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 
 (Iiereof 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- 
 
62 STATE OP MICHIGAN. 
 
 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 ari-ested 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 OF 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 
 inquire or make known the contents of bis 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 aclion 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 witli a large number of electors, and, after their 
 ballots had been marked by sucb third persons, depositing them in the bal- 
 lot bos, it is held to have vitiated the vote of the election precinct. — Att'y 
 Gen. V. McQuade, 94 / 439 : Atfy Gen. v. May, 99 / 544. 
 
 ENTERING BOOTll ALONE : The provisions of this section requiring the 
 elector to enter the booth alone and prepare bis ticket are mandatory. — Att'y 
 Gen. V. McQuade, 94/439. See sections 15S, 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 P.\STED : 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 be 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 provision that, if the elector shows his ballot 
 after preparing it, sucb 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. — .\tt'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. — Pock v. Supervisors, 102/356. The elector 
 is not to be deprived of his vote by either the mistake or the fraud of the 
 
LAWS RELATING TO ELECTIONS. 63 
 
 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 piistake of 
 the voters "themselves. — People v. Bates. 11/304. When a voter has voted 
 bv mistake, he cannot withdraw his ballot and vote again. — Harbaugh v. 
 C'icott, 33/241. 
 
 (164) § 3637. Sec. 27. At each adjournment of the poll, aerksjto coin- 
 the clerks shall, in the presence of the inspectors, compare list™. ^° 
 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 mistal^es that may be dis- 
 covered, until such poll lists shall be made in all respects to 
 correspond. 
 
 (165) § 3638. Sec. 28. The ballot box shall then be careofbaUot 
 opened and the poll list placed therein, tlie box locked, and ^°''' ^^^' ^"'• 
 at least five minutes before the removal of the same a piece 
 
 of leather or canvass 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 canvass 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 anotlicr. 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) § 36.39. Sec. 29. The inspector having the key Return and 
 shall keep it in his possession, and deliver it again to the^o™'"""^ 
 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 sliall 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 sliall be distributed by Distribution 
 any person other than one of the inspectors of election, nor °' ^auots. 
 in any place except within the railing of tlie 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 printed in- 
 voters, printed in large type upon cards, shall be furnished fur'iigh'^d^. 
 by the secretary of state to the county clerk of each county, 
 containing any information that will enable voters to quickly 
 
 make and correctly designate their dioice, and the county 
 clerks shall furni.sh 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 
 
64 
 
 STATE OF . MICHIGAN. 
 
 Instructions 
 in foreign 
 language. 
 
 the building in which the voting takes place. Whenever the 
 clerk of any county notifies the secretarj' of state that the 
 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 intei'preter. 
 
 Voting by in- 
 capable 
 persons. 
 
 See note to section 152. 
 
 INTERPRETER : The interpreter cannot be allowed to remain within the 
 
 railing to converse with the voters who do not undertsand English. — Att'y 
 Gen, V. Stillson, 108/419. 
 
 (169) § 3642. Sec. 32. Wlien 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, 94/442; McQuade v. Furgason, 91/438; Att'y Gen. v. 
 Hay, 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 bis 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 iirst 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 
 
 (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 counected, 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 
 "eraon'"''" "'"^ "^e Candidate for the same oflQce, said ballot shall not be 
 
 counted for those persons, but shall be as to them null and 
 Spoiled ballot 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. 
 
 "°rve 'unused' ^-"-^"^ § ^^^^- ^^^- ^^- "^^^ board of iuspectors of elec- 
 baiiots. ■ 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 
 
LAWS RELATING TO ELECTIONS. 65 
 
 used, and there shall be given by the elerk to the inspectors 
 of election a receipt therefor, which shall be filed with the 
 chairman of the board. 
 
 (17;{) § 3(;4f). Sec. 3(>. Immediately on closing the polls. Canvass of 
 the board shall ])roceed to canvass the votes. Snch canvass conducted, 
 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 agi"ee. 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 
 draw out and destroy so many ballots thei-efrom unopened 
 as shall be equal to such excess. They shall first select and Counting ot 
 count the straight tickets, and give the number to each can- 
 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 baiiota 
 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 allected: Provided, how- Proviso, 
 ever. That all such ballots shall be ]>reser\ed, marked by the 
 inspectors "not ciuuited" and kept separate from the others 
 by being tied or held in one package by a rubber band or 
 otherwise. 
 
 Spp notes to sections 152, 350 and 163. 
 
 IMMEDIATE CANVASS: The provisions tor an immediate canvass of 
 the hallots were expressly designed to guard asainst fraudulent tamperine 
 with votes hefore countins;. — People v. Sackett. 14/325. The election law is 
 positive that the official count of the ballots shall be made immediately, 
 in puhlic. 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 ne.tt day ought not to result in the 
 disfranchisement of the voters and should not be so held, except where the 
 plain provisions of tlie statute require it — Atfy Gen. v. Glaser, 102 / 397. 
 
 EXCESS or BALLOTS: Atfy Gen. v. May. 99 / 55G ; People v. Cicott, 
 16/283. 
 
 DISTINGUISHING MARKS: Atfy Gen. v. Mav. 99/566: Atfv Gen. v. 
 Glaser. 102/396: Atfy Gen. v. Howcroft, 107/8.'3. 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 wore to lie destroyed; thus depriving the person casting them of 
 his vole, 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 / 3C6. 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 oualitications or intention. — People v. Tisdale. 1 Doug. 59; People 
 V. Woodhull. 14/28: Keeler v. Robert.son, 27/116. The evidence of the 
 voter himself as to his intention is not admissihie. — People v. Iliggins, 3 / 
 233. See also People v. Cicott. 16/320; People v. Board, 11/111. 
 
 C.\NVASS FINAL: The action of the inspectors is final, when they have 
 
 9 
 
66 
 
 STATE OF MICHIGAN. 
 
 Disposition of (174 
 
 ballots, box 
 
 etc. 
 
 How result 
 declared. 
 
 Triplicate 
 statements. 
 
 To whom 
 delivered 
 or mailed. 
 
 Proviso. 
 
 Powers and 
 duties of gate 
 keepers. 
 
 ■finished their count and -'f, "P^t'^Ut'^t'^heT^h??^ wuf iVTJTln 
 thereafter, except upon ^"^^''^f*''™,/?" i^a'de the basis of ofHcial action.— 
 court, is an unlawful act and cannot ' e mad« ^^ „j ^^^^^^„^ ^ave completed 
 Keeler v. Robertson, SJ / l^J. ,7, P™. J" ^eir returns to the proper officer, 
 their count and <'^<'™t'^^,.^°f -f 'Xmpt on their part to change or modify 
 
 n74) S 3647. Sec. 37. After the ballots are counted 
 tljv 4-111 together with one tally-sheet, b'e placed m the bal^ 
 fbo'x'vhidr shall be securely sealed in -eh a n.« tha 
 it cannot be opened without breaking snch seal. The ballot 
 ofsSl then be placed in charge of the township or city 
 rWk b t he kevs of said ballot box shall be held by the 
 ciairman of the board and the election seal in the hands of 
 one of the other inspectoi-s of election. 
 
 (175) ? 3«48. Sec. 38. Immediately after the count of the 
 ticlis or ballots has been completed, the result and the nvjnv 
 ler of votes received bv each candidate or person on the ticket 
 slnll be , nbliclv declared by one of the inspectoi-s.The inspec^ 
 tir s^^li thenW-e a statement of the result in triplicate 
 showino- the whole number of votes cast for each office, the 
 names of the persons for whom such votes were given and 
 ;^"mimber'each person received, in -^'f ^^^^f J^^^^U/r 
 ^v•l.f.1p number of votes g ven for each office and the numDer 
 ^vei forS per Jon shall be written out in words at length 
 Sudi r plicate^tatements, when certified by tHe iBspectc,rs 
 and duly signed, shall be delivered to the township or city 
 Herk and shall bv said clerk be delivered in person with n 
 went^ out iors after the result is declared or nnnie^iately 
 f^warded by registered mail, one -P/ /°/^;,!^^^f ^f JJ^^^ 
 state at Lansing, Michigan, one copy to the boaid ot couniy 
 cSiva sei s! in cave of the judge or register of P-J^ ^l/'j^ 
 he other to-ether with one of the original ta^y ^^f t"^' \<^ 
 he ountV clerk, which said statements and tay sheets sh 1 
 be placed in separate envelopes and sealed by «aid ^nspec 
 tors^lfore their delivery to the township or city clerk Pro- 
 vided That the copy mailed to the secretary of «+ate shall 
 oive the whole number of votes cast for each candidate foi 
 pSidentral elector, congressman stt.te of^cei-^ niembej- o 
 the legislature, and the number of votes cast for and against 
 each constitutional amendment. 
 
 i"e-^'u?r^An^v''Nlt^is!'^lvil2rielUnap 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 berebf J^J". 
 gated power equal to constables for the purpose of maintain 
 mg peace and quiet at the polls on election day. They shal 
 have charge of and keep the gates at polling places and shall 
 nS allow'^ny person to approach within the railing provided 
 for in section sixteen, except those authorized by law ana 
 qualified electors, whom they shall allow to pass through the 
 gates and approach the ballot box or boxes for the purpose ot 
 
LAWS RELATING TO ELECTIONS. 
 
 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 Penalty for 
 
 lntcrisrsncc 
 
 any manner interfere with a gate keeper of election in the with. 
 
 discharge of his duty, and it shall be unlawful for the gate 
 
 keepers to aid, assist, suggest, advise or entreat an elector to 
 
 ])repare his ballot in a particular manner, or to coerce or at- 
 
 tem])t to coerce an elector in any way to vote or to refrain 
 
 from voting for any particular person or party. No person Eligibility of 
 
 shall be eligible to fill the office of gate keeper of election on ^^ *^ eepers. 
 
 any election day ^^•hcn 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 Compensa- 
 
 while actually engaged. 
 
 (177) § .IGoO. Sec. 40. IS'o election shall he held, nor Elections shall 
 shall any election be appointed to be held in any saloon or in saloons. 
 barroom, or in any room or place contiguous with or ad- 
 joining there! o. Should any place be designated or appointed when i|jspe<='- 
 for holding an election in violation hereof, or become subject pouing place! 
 (o sncli objection after having been so designated, Ihe 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 mav be, not subject to like objection. Said inspectors to 
 iiisjx'cldis shall meet at the place first designated at tlie time 
 foi- ojiening the poll, and after any vacancies in their num- 
 Ikt ^hall have been filled, adjourn to the place chosen by 
 them, and at the time of said adjournment, give public notice Notice of 
 lo the electors present by proclamation of such change, and "^ ^"^^' 
 I>ost in a consjncuous 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 sood 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. 
 
 (17S) § 3651. Sec. 41. Any person or persons introduc- Liquors, hring- 
 ing in any way, upon election day, into the building where ISfsdemeanor.* 
 an election is being held, any spirituous or malt liquors, and 
 any inspector or clerk of election drinking any such liquors 
 in such ])lace, or being intoxicated therein upon election day, 
 shall be deemed guilty of a misdemeanor, and upon convic- Penalty for. 
 (ion thereof before any court of competent jurisdiction, shall 
 be j)unished 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) § ;}(>5l'. Sec. 42. The board of election may make Time voter 
 such regulations as tJiey deem proper, limiting the time in S'^^ooth.'''" 
 
68 
 
 STATE OF MICHIGAN. 
 
 which an elector may remain in the room or bootli while pre- 
 jiaring- and votius his ballot; such limitation, however, shall 
 not be less than one nor more than five minutes. 
 
 See section 612. 
 
 The provisions of this section authorizing the board of elections to limit 
 the time whirli a voter may remain in the room or hooth while preparing 
 nnd volin? 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. Rush, 82 / 533. 
 
 Unlawful for 
 candidate to 
 
 (ISO) § 3G53. Sec. 43. It shall not be lawful for any 
 aid his eiec- candidate for any elective office with intent to promote his 
 tion in certain election, or for anv other person with intent to promote the 
 
 manner. i x- « 'i tj j. -xi 
 
 election or any such candidate either: 
 
 First, To provide or furnish entertainment at his expense 
 to any meetinjj of electors previous to or during the election 
 at which he [shall] may be a candidate; or 
 
 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 iiay and expense of ]>ublic speakers, transportation 
 of conimitteemeu, the pay of challengers at the ])olls 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 
 ]iapers previous to any such election, or for conveying electors 
 to the polls. 
 
 Section 44 is repealed by Act 61 of 1901. 
 
 Violation of 
 act to be 
 felony. 
 
 Penalty. 
 
 (181) § 3055. 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 ui)on 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 jierson, 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 convictioii 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 
 couit. 
 
 Section 46 repeals all acts or parts of acts contravening the provisions of 
 this act. 
 
 McLaushlin v. Burroushs, 00/314; Att'y Gen. v. McQuade, 04/442; 
 Att'y Gen. v. May, 09 / 544. 
 
 Opening and (182) § 3656. Sec. 47. At the general election to be held 
 
 poila"^" ill 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- 
 
LAWS RELaTIKG to elections. 09 
 
 poses, open and close at the times herein prescribed for tlie 
 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: Trovided, That this sec- Proviso. 
 tion shall not be construed as forbidding a noon adjournment 
 iu townships. 
 
 For Act 194 of 1891, see sections 231-233. 
 
 (183) § 3G57. Sec. 48. AYhenever any constitutional constitutional 
 amendments or other questions are proposed to be submitted on^feparat'e^ 
 to the electors, the board of election commissioners of each taiiot. 
 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 each amendment 
 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'' ]»rinted 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- 
 lorm 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 respe.cts in the same 
 manner and subject to the same regulations, restrictions and 
 jienalties heretofore provided in this chapter for the ballots 
 contaiuing the names of the nominees for public oflices, except 
 that separate Iiallot boxes shall be kept and used, the box How ballot 
 for the deposit of the ballots for nominees being designated ^°^^^ marked. 
 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 634-5. 
 
 AN ACT TO PROVIDE FOR HOLDING GENERAL AND SPECIAL 
 
 ELECTIONS. 
 
 (CONTINUED.) 
 
 [Act 175, S. L. 1851.] 
 
 POLL LISTS. 
 
 (184) § 3fiGl. Si:c. 42. One of the poll lists shall be poU lists to uo 
 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 
 
70 
 
 STATE OP MICHIGAN. 
 
 lists and statenieiits, 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 4S of tlais act relate to the board of county canvas.sers, its 
 organization and meeting, and are deemed to have been superseded by Act 
 149 of 1895. For this act of 1S95, see sections 240-252. 
 
 Separate 
 statement of 
 votes for cer- 
 tain offices. 
 
 Idem. 
 
 What state- 
 ment to con- 
 tain. 
 
 Statement to 
 be recorded, 
 etc. 
 
 STATEMENTS OF CANVASS. 
 
 (185) §3675. Sec. 49. They shall make a separate state- 
 ment, containing the whole number of votes given in such 
 county, for the oiFices of governor, lieutenant governor, sec- 
 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 
 given, and the number of votes given to each ; another similar 
 statement of the votes given for electors of pi'esident and 
 \ice president of the United States, each year in which such 
 electors are to be cliosen; 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 tlie state legislature, when the county alone 
 does not constitute a representative district; another of the 
 votes given for senator or representative, when the counly 
 alone constitutes but one senatorial or representative dis- 
 trict; and another of the votes given for countv officers. 
 
 (180) § 3676. Sec. 50. The several senatorial and rep- 
 resentative district canvassers shall, where a count.y 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 Ix', 
 which several statements shall set forth the number of each 
 of such districts, the number of votes given to each of tlie per- 
 sons voted for in each of such districts, respectively. 
 
 (187) § 3077. 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 ke]it 
 in his office. 
 
 Rich V. State Canvassers, 100 / 461. 
 
 Determina- (188) § 3678. Sec. 52. The county and district boards 
 
 rfperJons"'^ ''^li'ill <''t''i determine the persons who have been, by the 
 
 elected. greatest nunilier of votes, elected to the county offices, and 
 
 members of the legislature, wlien the county alone constitutes 
 
 one or more senatorial or representative districts, and such de- 
 
 ] 
 
 ! 
 
LAWS RELATING TO ELECTIONS. 71 
 
 terminations shall be certified and attested by the chairman 
 and secretary of the respective boards, and be annexed to the 
 statement of votes given for such officers respectively, and 
 shall be recorded with such statements by the county clerk 
 in his office : Provided, That in elections for members of the Proviso, 
 legislature, or county officers, if it shall appear on the legal 
 canvass of the votes polled at such election, 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 there- 
 by, such iMjrsous shall proceed to draw lots for the election 
 to said office in the following manner: The board of can- Proceedings 
 vassers for the county or district in which such election was more persons 
 held shall appoint a day for the appearance of all such per- nSmbt?"f 
 sons before the proper officer hereinafter provided, for the votes. 
 l)urpose of determining by lot among such persons the righl 
 to such office, and shall cause notice thereof to be given to all 
 such persons interested. The officer before whom such draw- 
 ing is to take place shall prepare as many slips of paper as 
 there are such persons, and write the word "elected" on as 
 many slips of jiaper as there are offices to be filled, and the 
 words "not elected" on tlie 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 at the time and place ap])ointed for the drawing of said 
 lots, each of such persons aforesaid may draw one of said 
 slips from the box; and any such pereon drawing a slip on 
 which is written the word "elected," shall be deemed legally 
 elected to the office in question ; and the officer conducting 
 such drawing shall forthwith give him a certificate of sucli 
 election. If the drawings under the provisions of this section 
 are for the office of senator or representative in the state leg- 
 islature, and the district exceeds the limits of a single county, 
 then the drawing sliall tal^e jilace before the county clerk of 
 the county where the district canvass is held ; in all other 
 cases before the county clerk of tlie county where each case 
 shall ari.se : Provided further. That in cases where the office Further 
 of county clerk is in question, the drawing shall take place ''™^""'- 
 before the sheriff of the county. 
 
 DUTIES MINISTEniAL: As to the ministerial nature of tlie duties of 
 canvassing boards, see note to section 173. 
 
 DETER.MINATION OF ELECTION: No one is elected to an office unles.s 
 he receives more votes than anj' other person, whetlier there is in fact any 
 such other person in existence who can talie the oflice. A minnrity candi- 
 date can never he deemed elected. — People v. Molitor. 2."! / 342. The deter- 
 mination and statement of the board of canvassers are not a Judgment, nor 
 are tlie,v conclusive. The statement is hut prima facie evidence and in a 
 contested election a party may go behind it. The county canvass may l)e 
 corrected by the township canvasses and those by the ballots themselves. — 
 I'eople V. Vap Clove, 1 / 364 ; People v, Cicott, IG / 283 : Keelcr v, Robertson. 
 27/116; Harhaugh v, Cicott, 33/2.51, It is true that the certificate of the 
 canvassers is the authority upon which the person who receives it enters 
 upon his oflice and it is to bim prima facie evidence of his title thereto, 
 Whetlier rightfully or wrongfully given by the canvassers, it confers the 
 right to hold the office until that right is voluntarily surrendered or de- 
 feated by a judicial determination against it. — People v. Van Cleve, 1/366; 
 People V. Mayworm, 5/146; People v. Miller. 16/59. See Wayne Auditors 
 V. Benoit. 20 / 176 ; People v. Marion, 29 / 38. . 
 
 DRAWING LOTS : This provision of law cannot be construed as a regu- 
 lation under the power of the legislature to declare and flU vacancies; it 
 
72 
 
 STATE OF MICHIGAN. 
 
 applies to cases where no vacancy in fact exists. The result reached, when 
 followed by a formal drawing, is not conclusive upon the candidates and the 
 public ; and the effect to be given to a certificate granted under these pro- 
 visions is no greater than to one granted under other provisions. — Keeler 
 V. Robertson. 27/116. In case of the inability of the sheriff to conduct a 
 drawing it may be conducted by his deputy. — Evans v. Sutherland, 41/177. 
 
 Duplicate 
 statement of 
 votes for sen- 
 ator, etc. 
 
 (189) §3079. Sec. 53. The said board shall, wilhout de- 
 lay, make a duplicate statement of the votes given fur sena- 
 toi", when the county alone does not constitute a senatorial 
 district, and deliver the same to the clerk of the county, to be 
 delivered by him to the senatorial district canvassers. Said 
 board shall also make a duplicate statement of votes given 
 tor representative in the state legislature, when the county 
 alone does not constitute a representative district, and deliver 
 the same to tlie said clerk, to be by him delivered to the rep- 
 resentative district canvassers. 
 
 Section 54 is superseded by section 6, Act 149 of 1895, see section 245 of 
 this compilation. 
 
 Rich V. Bd. of CanT.issers, 100/461. 
 
 Certificate of (190) § 3GS0. Sec. 55. He Shall also prepare as many 
 determination oertified copics of cach Certificate of the determination of the 
 
 to persons ' 
 
 elected. board of county canvassers, as well as of the several nistrict 
 
 canvassers, if such county shall be divided for representa- 
 tive purposes, as there are pei'.sons declared in such certifi- 
 cates to be elected, and shall, without delay, deliver one of 
 such copies to each person so declared to be elected. 
 
 "He" refers to the county clerk. 
 Hilton V. Common Council, 112 / 500. 
 
 Clerk to trans- 
 mit list of rep- 
 resentatives 
 and county of- 
 ficers to secre- 
 tary of state. 
 
 Votes for 
 and against 
 amendment to 
 constitution. 
 
 (191) § 3681. Sec. 5G. The county clerk shall, within 
 thirty days after a general election, transmit to the secretary 
 of state at Lansing, a list of the members of the legislature, 
 elected in the county, designating both the senators and I'epre- 
 .'^entatives by their respective districts, and also a list of all 
 the county officers elected in such county at such election to- 
 gether with the respective postoffice addresses of all such 
 senators, representatives, and county officers. 
 
 (192) § 3682. Sex:. 57. Whenever any amendment shall 
 have been proposed to the constitution, and agreed to, and 
 submitted to the people, pursuant to the provisions of the 
 constitution, the votes of the electors for and against such 
 amendments shall be taken, canva.s.sed, certified, and re- 
 corded, and certified copies of the statement thereof shall be 
 made and transmitted by the several county clerks to the 
 governor, secretary of state, and state treasurer, within the 
 same time and in the same manner as the votes for state offi- 
 cers are hj law required to be taken and canvassed, and the 
 statements thereof to be certified, recorded, and transmitted. 
 But when any proposed amendment shall be submitted to the 
 people at a spring election, the county canvass thereof shall 
 be on the second Tuesday succeeding such election. 
 
 Sec. 58 repe.iled 1913, Act 55. 
 
 Att'y Gen. v. .Tochim, 99/358; Rich v. State Canvassers. 100/461. 
 
LAWS RELATING TO ELECTIONS. 73 
 
 DISTRICT CANVASS. 
 
 (193) § 3684. Sec. 59. In each election district for the District can- 
 election of a senator or representative in the state legislature, ^''''^«"- 
 the limits of which shall be greater than those of a county, 
 
 there shall be a board of district canvassers, and the clerks 
 of the several counties within the district, the judge of pro- 
 bate, and the sheriff of the county in which the meetings of 
 the board are to be held, shall constitute such board. 
 
 (194) § 36S5. Sec. GO. Any three of said canvassers Quorum ot 
 shall be a quorum for the transaction of the business of said ^°'^^'^- 
 board; and in case there shall not be three of the members 
 
 fif such board present at any such meeting, the register of 
 deeds or the county treasurer of the county where any such 
 meeting is appointed to be held, or both of them, may act as 
 members of such board ; and, with the other members in at- 
 tendance, shall constitute a board of not less than three in 
 number. 
 
 (193) § 36S6. Sec. 61. The board shall meet in the dis- Times and 
 ti'ict for the election of a representative in the state legisla- j^eetfng' 
 ture, on the Tuesday next after the day on which the county 
 canvass is appointed to be made, and in districts for the elec- 
 tion of senators, on the third Tuesday after the county can- 
 vass, at the oflice of the clerk of the county in such district 
 having the greatest number of inhabitants, according to the 
 last preceding census, unless otherwise provided by law. 
 
 See sections 636-638. 
 
 (196) § 36S7. Sec. 62. If either of the county clerks original atate- 
 shall be unable to attend such canvass on the day appointed ™g{°'| ^o^^j 
 therefor, he shall, on or before that day, cause to be delivered 
 
 at the office of the clerk of the county in which such meeting 
 is to be held, the original statement of votes given in his 
 county for the officer to be elected in such district, which 
 statement shall be laid before said board. 
 
 (197) § 36SS. Sec. 63. The canvassers shall then pro- proceedings 
 ceed to examine the statement of the votes given in the sev- of canvassers. 
 cral counties in the district, and ascei'tain and detennine 
 
 what persons have been elected, and to what oflices, and shall 
 draw up a statement thereof in words at length, which state- 
 ment shall contain the whole number of votes given in the 
 district for each office, and the names of the persons to whom 
 such votes were given; and such statement shall he certified 
 to be correct, and to be subscribed by the said canvassers, or 
 a majority of them. 
 
 (198) 'j; 3689. Sec. 64. The canvassers shall then deter- Board to de- 
 mine the per.sons elected to the several offices within the dis- so^elected. 
 trict, as shall appear by such statement, and shall certifv and deliver ' 
 
 * cprtiflcat6 to 
 
 such determination under their hands, and annex the same to county clerk, 
 their said statement, and deliver the same to the clerk of the 
 county in which their meeting shall be held, who shall file the 
 same in his oflSce; and said board shall cause a copy of such 
 
74 
 
 STATE OF MICHIGAN. 
 
 statement and certificate to be forthwith published in some 
 newspaper printed in the district. 
 
 In canvassing the votes for state senator, the board has no jurisdiction 
 to determine whether a candidate was inelijrible because holding the office 
 of prosecuting attorney, and reject votes cast for such Ineligible candidate. 
 — ^.Vtt'v Gen. V. Bd. of Canvas.scrs, 155 / 44. 
 
 Duty of 
 county clerk 
 in relation 
 to statement, 
 etc. 
 
 (199) § 3G90. Sec. Go. The county clerlv, by whom the 
 said statement and certificate tlicreto annexed shall be filed, 
 shall, without delay, transmit by mail to the secretary of 
 state, a copy of such statement and certificate of determina- 
 tion, certified by him under his hand and seal of office; and 
 he shall also, without delay, prepare and certify as many 
 copies of such certificate of determination as there are per- 
 sons stated therein to have been elected, and cause one of 
 said copies to be delivered to each person so determined to 
 be elected. 
 
 See section 2.53 which provides a special canvass of votes cast, to fill 
 vacancies in office of state senator and representative, during a session of 
 the legislature. 
 
 State 
 canvassers. 
 
 Secretary of 
 state to 
 record state- 
 ments. 
 
 When to call 
 on governor 
 and state 
 treasurer for 
 statement. 
 
 STATE CANVASS. 
 
 (200) § 3692. Sec. 6(5. The secretary of state, the state 
 treasurer, and the commissioner of the state land ofiBce shall 
 constitute the board of state canvassers, any two of whom 
 shall be a quorum for the transaction of business; and if 
 only one of said ofiicers shall attend on the day appointed 
 for a meetiui^ of the board, the auditor general, on being- 
 notified by tlie officer so attendinjr, shall, without delay, at- 
 tend with such officer, and with him shall form the board. 
 
 STATE CANVASSERS: See sections 34 and 75. The only duties of the 
 board of state canvassers are to canvass the returns and determine and 
 certify the result of elections. Tlieirs is the culminatinc act of tbe army 
 of persons who have had to do with the receiving and counting, recordini; and 
 transmitting, of the votes which signify the will of the people. Their duties 
 are specifically pointed out. The times when they are to meet are pro- 
 vided by law. No provision is made for deputies or clerks, but all goes 
 to show that this important duty is to be performed by thom in person, 
 as the certificate signed by them asserts. It is not confided to inferior offi- 
 cials, but to three of the state officers of greatest dignity and importance. 
 — Atfy Gen. v. Jochim, 99 / 376. 
 
 (201) § 3693. Sec G7. The secretary of state, on the re- 
 ceipt of the certified copies of the statement of votes given in 
 the several counties, directed by law to be sent to him by the 
 county clerks, shall record the same in a suitable book to be 
 kept by him for that purpose; and if from any county clerk 
 no such statement shall have been received by the secretary 
 of state, on or before the second Monday of December next 
 after a general election, and on or before the thirtieth day 
 after a special election, he shall call upon the governor and 
 state treasurer, and receive from them, or either of them, the 
 statement from such county [clerk], if the governor or state 
 treasurer shall have received such statement. 
 
 The word "clerk" in the next to the last line does not appear in the 
 original print of this act ; but, since the context requires the word and it 
 has been Inserted in the former compilations, it has been allowed to remain 
 in this. 
 
 Newton v. Hoard of Canvassers, 94 / 455. 
 
LAWS RELATING TO ELECTIONS. 
 
 (202) § 3G94. Sec. 2. The secretary of state, on the re- secretary of 
 ceipt of the certified copies of the statement of votes given in grl^ate v!)'te"5' 
 (he several counties, directed by law to be sent to him l>y the 
 
 county clerks, shall make a record of the aggregate number 
 of votes given for each person in the several counties, in a 
 suitable book to be kept by him for that purpose, and shall 
 ]ilace on file and preserve such certified copies in his oflBce. 
 
 Note. — The above section is the amended see. 2, Act 17 of 1S53. entitled 
 "An act to amend section 2 of chapter 9 of the revised statutes of 1846." 
 The general election act of ISjl Is believed to have superseded chap. 9, to- 
 gether with other chapters of the revision of 1S46. IJut this amendatory 
 section 2 of said chap. 9 was retained by Judges Cooley, Dewey and Howell 
 and is here inserted, as it contains some reiiuirements not in the act of 1851. 
 
 (203) § 3695. kSEC. 68. If, from any county clerk, no when to call 
 such statement shall have been received by the secretary of cierk'for'' 
 state, the governor, nor the state treasurer, within the times statement. 
 limited, the secietary of state shall forthwith send a special 
 messenger to obtain such statements and certificates from 
 
 such county clerk; and such clerk shall immediately, on de- 
 mand being made by such messenger at his office, make out 
 and deliver to him the statements and certificates required. 
 
 Rich V. state Canvassers, 100/461. 
 
 (204) § 3690. Sec. 69. For the purpose of canvassing Secretary to 
 and ascertaining the result of elections, other than for elec- fn^J^of bo^d?'' 
 tors of president and vice president, the .secretary of state ''"=• 
 
 shall ajipoint a meeting of the state canvassers, to be held at 
 his office, on or before the fifteenth day of December next 
 after a general election, and within forty days after a special 
 election, and shall notify the other members of the board of 
 the same. 
 
 Newton v. Canvassers, 94 / 457. 
 
 (205) § 3697. Sec TO. Tlie said board of canvassers. Duty of imani 
 when formed as aforesaid, shall examine the statements re- ^Lssers*! "'"' 
 ceived by the secretary of state, of the votes given in the sev- 
 eral counties, and make a statement of the whole number of 
 
 \(itcs given for the offices of governor, lieutenant governor, 
 secretary of state, state treasurer, auditor general, attorney 
 general, superintendent of ])nblic instruction, commissioner 
 of the stale land oftice, and members of the state board of 
 education, which statement shall show the names of the per- 
 sons to whom sncli votes shall have been given for either of 
 I he said ofliccs, and the whole number of votes given to each 
 of such persons. 
 
 .\tfy Gen. v. Jochim, 99 / 377 ; Uich v. State Canvassers. 100 / 45S. 
 
 (206) § 369S. Sec. 71. The said board shall also pro- wem. 
 ceed to examine the statements received by the secretary of 
 state, of the votes given in the several counties, and make a 
 statement of the whole number of votes given for the office of 
 
76 
 
 STATE OF MICHIGAN. 
 
 representative in congress in eacli congressional district; 
 which statement shall show the names of the persons to whom 
 such votes shall have been given for said office, and the whole 
 number of votes given to each person in each respective dis- 
 trict. 
 
 Where the board of state canvassers canvassed the votes for an oflBce, 
 from the returns before them, some of which are afterwards declared In- 
 valid, and valid ones made and returned after their successors have entered 
 upon their duties, it is the duty of the new board of state canvassers to can- 
 vass the new returns. — Belknap v. Board of Canvassers, 95 / 155. 
 
 Rich V. State Canvassers, 100 / 458. 
 
 Certificate 
 of determina- 
 tion. 
 
 (207) § 3699. Sec. 72. The said canvassers shall certify 
 each statement made by them to be correct, and subscribe 
 their names thereto ; and they shall thereupon determine 
 what persons have been, by the greatest number of votes, duly 
 elected to each respective office, and make and subscribe on 
 each statement a certificate of such determination, and de- 
 liver the same to the secretary of state. 
 
 .\tt'y Gen. v. Jochim, 99 / 377 ; Rich v. State Canvassers. 100 / 45.S. The 
 determination of the hoard is final. In case their determination is contested, 
 the legislature only ran decide. — Royce v. Goodwin. 22 / 601. As to when 
 ,1 new board can be compelled by mandamus to convene after the old board 
 has gone out of ofBce and canvass the returns anew, see Belknap v. State 
 Canvassers, 95/155; Rich v. State Canvassers, 100/453. 
 
 Duty of sec- 
 retary of state. 
 
 Canvass of 
 votes for 
 electors of 
 president, etc. 
 
 Delivery of 
 copy of cer- 
 tificate of de- 
 termination. 
 
 (208) § 3700. Sec. 73. The secretary of state shall re- 
 cord in his office, in a book to be kept by him for that purpose, 
 each certified statement and determination, so made and 
 delivered to him by the board of state canvassers; and shall, 
 without delay, make out and cause to be delivered to each of 
 the persons thereby declared to be elected, a copy of such de- 
 termination, certified by him under his seal of office. 
 
 (209) § 3701. Sec. 74. For the purpose of canvassing 
 and ascertaining the votes given for electors of president and 
 vice president of the United States, the board of state can- 
 vassers shall meet on the Wednesday next after the third 
 Monday of November, or on such other day before that time 
 as the secretary of state shall appoint; and the powers, 
 duties, and proceedings of said board, and of the secretary 
 of state, in sending for, examining, ascertaining, determining, 
 certifying, and recording the votes and results of the election 
 of such electors, shall be in all respects, as near as may be, 
 as hereinbefore provided in relation to sending for, examin- 
 ing, ascertaining, determining, certifying, and recording the 
 votes and results of the election of state officers. 
 
 (210) § 8702. Sec. 7.5. The secretary of state shall, with- 
 out delay, cause a copy of the certified determination of the 
 board of state canvassers, declaring the persons elected as 
 sncli electors, to be transmitted and delivered by special mes- 
 sage or othei'wise, to each of the persons so declared to be 
 elected, which copies shall be certified under his hand and 
 seal of office. 
 
LAWS RELATING TO ELECTIONS. 77 
 
 (211) § 3703. Sec. 70. For the ijurpose of canvassing Canvass ot 
 and ascertaining the result of the vote upon any proposed Imlnrfment to 
 amendment to the constitution, or approval of any banking and^^anking 
 law, or amendment thereof, the secretary of state shall ap- law. 
 
 point a meeting of the state board of state canvassers, to be 
 lield at his office, on or before the twentieth day of the month 
 next after such election; at which meeting the said secretary 
 shall lay before the board the statement received by him of 
 the votes given in the several counties for or against such 
 amendment to the constitution, or for and against the ai> 
 proval of such banking law, or amendment thereof, as the 
 case may be. 
 
 (212) § 3704. Sec. 77. The board shall then proceed to Board to as- 
 e.xaniine such statements, and to ascertain and determine the ditermin"' 
 result, and shall make and certify, under their hands, a state- the result. 
 ment of the whole number of votes given for, and the whole 
 number of votes given against, stich amendment of the consti- 
 tution, or f(U' or against the approval of such banking law, or 
 aniendmeiit thereof, as the case may be; and they shall there- 
 upon dclcrmine whether such amendment to the constitution, 
 
 or such banking law, or amendment thereof, as the case may 
 be, has been approved and ratified by a majority of the elec- 
 tors voting thereon, and shall make and subscribe on such 
 statement a certificate of such determination, and deliver the 
 same to the .secretary of state. 
 
 (213) § 3705. Sec. 78. The secretary of state shall re- Determination 
 cord in his office, in a book to be kept by him for that pur- secretary rf 
 pose, such certified statement and determination ; and if it pubfjglgjj ^jjjj 
 .shall appear that such amendment to the constitution, or laws. 
 
 such banking law, or amendment thereof, has been approved 
 and ratified, as aforesaid, he shall also record such deter- 
 mination in the book in which the original act of the legis- 
 lature is recorded, and shall cause any amendment to the con- 
 stitution to be published with the laws enacted by the legis- 
 lature at the next succeeding session thereof. 
 
 (214) § 370G. Sec. 79. The secretary of state shall cause Publication of 
 a copy of such determination and certificate of election to be ofSe'raii-'' 
 jMiblished for two successive weeks in a newspaper published ^^sser.s. 
 
 at (he .seat of government, immediately after receiving the 
 same from the board of state canvassers. 
 
 (215) § 3707. Sec. 80. The said board of state canvass- Adjournment 
 ers shall have power to adjourn from day (o day, for a term ras^'ers* '^'"'' 
 not exceeding five days. 
 
 Newton r. Canvassers, 94 / 457. 
 
 For election of tbc members of the state board of education as prescribed 
 by section 370S. C. L. 1S97. see the later enactment of 1U09, section 510 ; 
 constitutional provisions section 69, herein. 
 
 RErRESENTATIVES IN CONGRESS. 
 
 (210) § 3709. Sec. 82. A representative in the congress Representa- 
 of the United States shall be chosen in each of the congres- grels." '^°°' 
 
78 
 
 STATE OF MICHIGAN. 
 
 sional districts iuto which the state is or shall be divided, at 
 each general election ; and if a representati\e in congress shall 
 Vacancy. resign, he shall forthwith transmit a notice of his i'esig;nation 
 
 to the secretary of state; and if a vacancy shall occur, by 
 death, or otherwise, in the office of representative in congress, 
 the clerk of the county in which such re])resentative shall 
 have resided at the time of his election shall, without delay, 
 transmit a notice of such vacancv to the secretarv of state. 
 
 f 
 
 Number of 
 electors. 
 
 Place and 
 time of meet- 
 
 Vacancies, 
 how filled. 
 
 Duties. 
 
 Executive, 
 duty of, etc. 
 
 Certificate 
 
 transmitted 
 
 to. 
 
 PRESIDENTIAL ELECTORS. 
 
 (217) § 3710. Sec. 83. At the general election next pre- 
 ceding the choice of president and vice president of the 
 United States there shall be elected by general ticket as many 
 electors of president and vice president as this state may be 
 entitled to elect of senators and representatives in congress. 
 
 (21S) ij 3711. Si:c. S4. The electors of iiresident and 
 vice president shall convene in the senate chamber, at the cap 
 ital of the state, at the hour of twelve o'clock noon, on the sec- 
 ond jMonday of January. If there shall be any vacancy in the 
 office of an elector, occasioned by death, refusal to act, neg- 
 lect to attend by the hour of twelve o'clock at noon of said 
 day, or on account of any two of the persons voted for as elec- 
 tors having received an equal and the same number of votes, 
 or on account of the ineligibility of any person elected, or for 
 any other cause, the qualified electoi's present shall proceed to 
 fill such vacancy by ballot and plurality of votes. ^Yhen all 
 the electors shall appear or vacancies shall be filled as above 
 jirovided, they shall proceed to perform the duties of such 
 electors, as required bj' the constitution and laws of the 
 United States. 
 
 (219) § 3712. Sec. 85. It shall be the duty of the execu- 
 tive of the state, as soon as practicable after the election of 
 the electors by the final ascertainment imder and in pursuance 
 of the laws of the state providing for such election, to com- 
 municate under the seal of the state to the secretary of state 
 of the United States his certificate of such ascertainment of 
 the electors elected, setting forth the names of such electors 
 and the canvass or other ascertainment under the laws of the 
 state of the number of votes given or cast for each person for 
 whose election any and all votes have been given or cast, and 
 it shall also thereupon be the duty of the executive of the 
 state to deliver to the electore of the state, on or before the 
 day on which they are required by the preceding section to 
 meet, the same certificate, in triplicate, under the seal of the 
 state. Such certificate shall be enclosed and transmitted by 
 the electors at the same time and in the same manner as is 
 provided by law for transmitting by such electors to the seat 
 of government the lists of all persons voted for as president 
 and of all persons voted for as vice president. 
 
 Sections SG-89 are superscdod bv .\ct 1 of 1869, for the election of U S 
 senators. See sections 520-522. 
 
 I 
 
LAWS RELATING TO ELECTIONS. 7& 
 
 MISCELLANEOUS PROVISIONS. 
 
 (220) § 3713. Sec. 90. Unorganized counties, with other tinorganizeti 
 parts of the state whicli may be attaclied to any organized <^''"""'''' 
 county for judicial jjurposes, unless otherwise provided, sluill 
 
 be considered as a part of such organized county for all pur- 
 j)0ses concerning the election of officers who may be elected 
 at a general or special election. 
 
 .Tobnston v. Cathro, 51 / S3. 
 
 (221) § 3714. Sec 91. The oath directed in this act to oathotin- 
 be taken by persons chosen to be inspectors, or appointed cFeTk^S^"'' 
 clerks of elections shall be in the form prescribed in tiie first elections. 
 section of the eighteenth article of the revised constitution of 
 
 this state. 
 
 See Art. xvi, 2, constitution of 1909. 
 
 (222) § 3715. Sec 92. Each county canvasser and Compensation 
 sherifT shall receive such reasonable compensation for their officers^'" 
 services while employed in the business of elections for 
 
 county officers as shall be allowed by the board of supervis- 
 ors or county auditors, to be paid by the county. 
 
 (223) § 3716. Sec 93. Each district canvasser or other Compensation 
 person except county clerks, employed in canvassing and re- ?invassera, 
 turning the result of the elections required by law to be cer- «"=. 
 
 tified by district canvassers to the board of state canvassers, 
 sliall receive such compensation therefor as the board of su- 
 Ijervisors of their several counties shall deem reasonable, to 
 be paid out of the treasury of such counties. 
 
 (224) § 3717. Sec 94. During the day on which any No qvh pro- 
 election shall be held, pursuant to the provisions of law, no efectiOTi^ay."" 
 civil process shall be served on any elector entitled to vote at 
 
 such election. 
 
 (225) § 3718. Sec 95. The person holding any office, at Term ot office, 
 tlie expiration of the term tliereof, .shall continue to hold the 
 
 same until his successor shall be elected or ajjpointed and 
 qualified; and when any person shall be elected to fill a va- Term, when 
 cancy in any elective office, he shall liold the same only dur- vacancy" *"" 
 ing the unexpired portion of the regular term limited to such 
 office, and until his successor shall be elected and qualified. 
 
80 
 
 STATE OP MICHIGAN. 
 
 RECOUNT BY STATE CANVASSERS. 
 
 An Act to provide for a recount of votes cast at an election for can- 
 didates for office, or proposed amendments to the constitution or 
 any other question or proposition ?vhich are canvassed by the 
 board of state canvassers. 
 
 [Act 320, P. A. 1913.] 
 
 Candidate 
 may petition 
 for recount. 
 
 Elector may 
 petition for 
 recount on 
 constitutional 
 amendments. 
 
 Deposit. 
 
 In case mis- 
 take, etc., 
 established. 
 
 The People of the State of Michigan enact: 
 
 (226) Section 1. Any candidate voted for at any elec- 
 tion, tlie votes for wliicli are canvassed by tlie Ijoard of state 
 canvassers, wlio considers liiinself aggrieved on account of 
 r.ny fraud or mistake in the canvass of the votes by tlie inspec- 
 tors of election or the returns made by said inspectors, or of 
 any coimty or district canvassing board, may at any time 
 jirior to four o'clock standard time on the afternoon of the 
 last day npon which the board of state canvassers meets 
 for the pui'ijose of canvassing such votes, present to and file 
 with the secretary of state a written or printed petition 
 which shall be sworn to by sucJi candidate, setting forth as 
 near as may be the nature and character of the fraud or 
 mistakes complained of, and the township, ward and county 
 in which they exist, which petition shall pray for a correc- 
 tion thereof by a recount of the votes cast therein. 
 
 (227) Sec. 2. Any elector in this state who believes that 
 there has been any fraud or error committed by the inspectors 
 of election in the returns made by said inspectors or of any 
 county or district canvassing board in the canvass of the 
 votes cast upon the question of a proposed amendment to 
 the constitution or any other question or proposition, the 
 votes for w'hicli are canvassed by the board of state can- 
 vassers, may before four o'clock standard time on the after- 
 noon of the last day on which the board of state canvassers 
 meets "to canvass such votes, present to and file with the 
 secretary of state a written or printed petition which shall 
 be sworn to by the elector presenting the same and which 
 shall set forth as near as can be, the nature and character of 
 the fraud or error of which complaint is made and the 
 jjarticular to^\^lship, ward and county in which it is believed 
 that the fraud or error occurs, and such petition shall con- 
 tain a prayer that a correction thereof be made by a recount 
 of the votes cast therein. 
 
 (228) Sec. 3. The candidate or elector presenting such 
 jietition to the secretary of state shall at the same time de- 
 posit with such officer the sum of one hundred dollars for 
 the first county or part thereof, in which a recount of the 
 votes is demanded, and twenty-five dollars for each addi- 
 tional county or part thereof in which a recount is demanded. 
 In case fraud or mistake as alleged and set forth in any such 
 lietition is established in one or more counties, the amount 
 [laid by such petitioner to the secretary of state for a recount 
 
LAWS RELATING TO ELECTIONS. 81 
 
 of the votes cast in the county in which the fraud or mistake 
 is established shall be returned to the petitioner upon the 
 order of the board of state canvassers. 
 
 (229) Sec. 4. It shall be the duty of any candidate filing Notice given. 
 such petition and making the deposit herein required, to give 
 
 notice thereof to the opposing candidate within forty-eight 
 hours after filing same by handing or delivering to such can- 
 didate a copy of such petition, or, if such candidate cannot 
 be found, by leaving such copy at his last place of residence. 
 It shall not be necessary for any elector filing a petition for 
 a recount of the votes cast upon the question of proposed 
 amendments to the constitution or other questions or propo- 
 sitions, to give any such notice. It shall be the duty of the Recount. 
 board of state canvassers at as early a date as possible 
 after the receipt of such petition and the deposit required, to 
 investigate the facts set forth in said ])etition and cause a 
 recount of the votes vast in the particular wards and town- 
 ships in question. The board of state canvassers shall have 
 the right and authority to demand and cause the ballol 
 boxes and returns in connection with any such election to 
 be brought before it. The said board shall also have the where iieid 
 right to prescribe the place, when and where the recount of 
 any such votes shall be conducted, which shall be in public. 
 It shall not be necessary for all of the members of said 
 board of state canvassers to conduct a particular recoimt. 
 but each member shall have the right to conduct any such 
 recount when properly designated by the board to the end 
 that the recount may be conducted and the result of the 
 election determined at the earliest possible moment. The cierksand 
 board of state canvassers or any member of the board of ^^^'^'■^^'■''■ 
 state canvassers while conducting a recount shall have au 
 thority to emplo_y such clerks and assistants as shall be 
 deemed necessary. The said board of state canvassers, or 
 any member thereof, shall have the right to require any 
 inspector of election, county officer, or other person, to ap- 
 pear for any such purpose as may be desired, either by the 
 board, or any memi)er thereof. The persons who at the re- Compensation 
 quest of the board of state canvassers, or any member ^^^ m'leage. 
 thereof appear with the ballot boxes, returns and tally sheets 
 or otherwise, shall receive the same compensation and mile- 
 age therefor as is prescribed by law for witnesses. All ex- Expenses. 
 penses incurred under authority of this act shall l>e paid out 
 of the general fund in the state treasury on vouchers, to be 
 approved and auilitcd by the board of state canvassers. 
 
 (230) Sec. 5. The said lioard of state canvassers, or any Toopenbaiiot 
 member thereof, shall at the time and place prescribed, where ''°''^'- 
 
 the interested candidates and their counsel, or the represen- 
 tatives of any party or cause can be present, if they so de- 
 sire, proceed forthwith to open the ballot boxes from the 
 designated townships or wards and make a recount thereof 
 as to such candidates, question or proposition, and make Return made. 
 a full, complete and correct return in writing, showing the 
 11 
 
82 
 
 STATE OF MICHIGAN. 
 
 completed. 
 
 To certify 
 the result. 
 
 full number of votes cast, the names of candidates, and the 
 number of votes given to each, or the total numl)er of votes 
 cast for and against any such pi*oposition, written out in 
 
 When recount words and tigurps. When the recount is completed the said 
 board, or the member thereof conducting the same, shall at 
 once return the ballots to their respective boxes, carefully 
 fasten and seal the same and deliver them to the ofiQcer hav- 
 ing the care and custody thereof. Whenever a recount is 
 conducted by a particular member of the said board, it shall 
 lie the duty of the member so conducting same to certify the 
 result of such recount to the board of state canvassers, 
 which board shall consider the result so certified by the 
 particular member thereof, and certify the result in the man- 
 ner presci'ibed. The returns made by the said board of 
 state canvassers of any recount shall be deemed to be cor- 
 rect, anything in the return of any board of election in- 
 spectors, or any county or district canvassing boai'd to the 
 
 Not to include contrary notwithstanding. The provisions of this act shall 
 not be construed to include a recount of any primary elec- 
 tion. Nothing herein contained shall be construed to repeal 
 any action or remedy wliich may now exist by reference of 
 any action to the courts. 
 
 primary 
 election. 
 
 MUNICIPAL AND TOWNSHIP ELECTIONS. 
 
 An Act to prescribe the manner of conducting municipal and town- 
 sliip elections and to prevent fraud and deception thereat. 
 
 [.4ct 194, P. A. 1891.] 
 
 The People of the State of Michigan enact: 
 
 To be govern- (231) § SfioS. SECTION 1. That all elcctious hereafter 
 fawi'etc^""^' held in the various cities, villages and [townships] township 
 in this state, shall be in confoiiiiity with the provisions of the 
 laws governing general elections so far as the same shall be 
 applicable thereto, and all the provisions of such laws rela- 
 tive to the boards of election ins])ectors, the arrangement 
 of polling places, the manner of voting and receiving votes, 
 and the canvass and declaration of tlie result of such election, 
 are liereby made applicable to such municipal and township 
 elections, but the time for the opening and closing of the polls 
 shall not be affected thei'eby. 
 
 (232) S 3fi.^9. Sec. 2. The township board of each town- 
 ship, and such persons as shall be elected therefor by the com- 
 mon councils of the various cities and villages in this state, 
 shall be the board of election commissioners for such town- 
 ship, city, or village respectively, and shall perform such du- 
 ties relative to the preparation and printing of ballots as are 
 required by law of the boards of election commissioners of 
 
 Who to be 
 election com- 
 missioners, 
 etc. 
 
LAWS RELATING TO ELECTIONS. 83 
 
 counties, and like duties and privileges as are enjoined and 
 granted by the laws governing general elections u]ion the 
 various connnittees of the ditferent political organizations are 
 hei-ebv prescribed for the city, village, or township com- 
 niitteps in elections held pursuant hereto; except that it shall vignette not 
 not be necessary for the coniniittees of the different political '^™^^'"^' * *" 
 organizations to furnish a vignette or heading for the ballots 
 other than to designate the name of the party or political or- 
 ganization which they represent. 
 
 ELECTION COMMISSIONERS: Peck v. Supervisors, 102/355. Tlie 
 board tanuot print upon tlie ballot the name of a candidate not nominated 
 by an assemhlage or meeting of electors. — Chateau v. Jacol), 88/171. 
 
 (233) § 36(50. Sec. 3. In municipalities governed by this coinmittees to 
 law, the names of candidates shall be given by the commit- et™'^*^ names. 
 tees of the various political organizations to the board of elec- 
 tion commissioners of such municipality not less than five 
 days before each election, and the proof copy of the ballot 
 shall be open to the insiiection of the chairman of each com- 
 mittee at the office of the township clerk, and city or village 
 clerk or recorder, not less than two clear secular days before 
 such election. 
 
 otto V. Brissette, 137/719. 
 
 IDENTIFYING BALLOTS OF UNQUALIFIED VOTERS. 
 
 An Act further to preserve the purity of elections, and guard against 
 abuses of the elective franchise, by providing for the identification 
 of the ballots of unqualified voters, in cases of contested elections. 
 
 r.Ut ISO, P. A. 1877.1 
 
 The People of the State of Michigan enact: 
 
 (2.34) g 3719. Section 1. That at every general, special, Names on poii 
 township, and ch.arter election in this .state, it shall be the numbered in 
 duty of the inspectors of election of each voting precinct, to figures. 
 cause to be numbered in figures, and in numerical order, the 
 name of every jierson entered ujinn the poll lists required by 
 law to be kept at such election; whicii figures shall bo placed 
 against the names on such poll lists at the time of the entry 
 of said names thereon. 
 
 (235) § 3720. Sec. 2. Whenever, at any general, special. Endorsement 
 township or charter election, in this state, "the ballot of any bin^in^ca^s? 
 liei'son who has been challenged as an untinalified voter, and "^ '^'^''^^'^"s*- 
 who has taken the oath provided by law in such case lo be 
 taken, shall be received by the inspectors of election, it shall 
 be the duty of said ins])ectors to cau.se to be i)lainly endorsed 
 on said ballot, with pencil, and in the manner hereinafter 
 provided, before depositing the same in the ballot box, the 
 
STATE OF MICHIGAN. 
 
 number corresponding to the number placed against such vot- 
 er's name on the poll lists; and it shall further be the duty 
 of such inspectors to cancel all other figures appearing on 
 the back of said ballot, without opening the same: Provided, 
 That in case a ballot shall be so folded, defaced, printed or 
 prepared that such number cannot be legibly and perma- 
 nently written on the back thereof, it shall be the duty of 
 said inspectors to refuse to accept such ballot. 
 
 The provisions of this and the following section for the identification of 
 challenged ballots remain unrepealed, but votes by the machine cannot be 
 identified under anv provisions of the statute. — Henderson v. Saginaw Elec- 
 tion Com'rs, 160 / 36. 
 
 Endorsement (236) § 3721. Sec. 3. To prevent the identification of 
 edwit'hbi^k said ballot, except as hereinafter provided, it shall be the 
 paper. ^^^^^y ^f ^)jg inspectors of election to cause to be securely at- 
 
 tached to said ballot, with mucilage or other adhesive sub- 
 stance, a sli]) or piece of blank paper, of the same color and 
 appeai-ance, as near as may be, as the paper of the ballot, in 
 such manner as to cover and wholly conceal said endorse- 
 ment, but not to injure or deface the same; and if any inspec- 
 tor, clerk, or other officer of an election shall afterward ex- 
 pose said endorsement, or remove the said slip of paper cov- 
 ering the same, or attempt to identify the ballot of any voter, 
 or suffer the same to be done by any other person, he shall, on 
 conviction thereof, be deemed guilty of a misdemeanor, and 
 shall be amenable to tlie provisions of compiler's section 
 seven thousand seven hundred and sixty-nine of the compiled 
 laws of eighteen hundred and seventy-one. 
 
 The section above referred to is section 379 infra. 
 
 (237) § 3722. Sec. 4. In case of a contested election, on 
 the trial thereof before any court of competent jurisdiction 
 in this state, it .shall be competent for either party to the 
 cause, to have produced in court the ballot boxes, ballots and 
 poll lists used at the election out of which the cause has 
 arisen, and to introduce evidence proving or tending to prove 
 that any person named on such poll lists, was an unqualified 
 voter at the election aforesaid, and that the ballot of such 
 person was received as provided in section two of this act ; and 
 on such trial, the correspondence of the number endor.sed on 
 a ballot as herein provided, with the number against the name 
 of any person on the poll lists, shall be received as prima 
 facie proof that such ballot was cast by such person: Pro- 
 vided, That the ballot of no person shall be inspected or 
 identified, under the provisions of this act, unless such person 
 shall consent tliereto in writing, or unless such person has 
 been convicted of falsely swearing in such ballot, or unless 
 the fact that such person was an unqualified voter, at the 
 time of casting such ballot, has been determined as provided 
 in section five of this act. 
 
 People v. Kamps. 129 / 217. 
 
LAWS RELATING TO ELECTIONS. 85 
 
 (238) § 3723. Sec. 5. After issue joined in any case of Proceedings 
 conte.sted election, either party to the cause may present a fofned^^"^ 
 petition to tlie court before which the said cause is to be 
 
 tried, setting forth among other things, that the j^etitioner 
 has good reason to believe and does believe that one or more 
 voters at the election out of which the cause has arisen, nam- 
 ing him or them, and stating his or their place of residence, 
 were unqualified to vote at such election ; that he believes the 
 same can be established by competent testimony; that the 
 ballot or ballots of such voter or voters were received after 
 being challenged, as provided by law, and praying that the 
 court may try and determine the question of the qualification 
 of such voter or voters to vote at said election, which peti- 
 tion shall be verified by the oath of the petitioner or some 
 other person acquainted with the facts ; and thereupon the 
 court shall direct an issue to be formed, within a time to be 
 fixed therefor, for the purpose of determining the question of issue to deter- 
 the qualification of tlie voter or voters named in said petition, uon^of^votCT^ 
 to vote at said election ; and such issue shall stand for trial 
 as in other cases, and the verdict of the jury or judgment 
 of the court upon such issue so made shall be received upon 
 the trial of the princiiKil issue in said cause, as conclusive 
 evidence to establish or to disprove the said qualifications of 
 said voter or voters. 
 
 See notes to section 103. 
 
 (239) § 3724. Sec. G. On said trial, it shall be the duty judge to re- 
 of the judge presiding thereat, and of no other person, to ^er\nifo^rse- 
 remove from all ballots the slips of paper concealing the said "i«"' 
 endorsements until all ballots are found having thereon the 
 numbers agreeing with the numbers against the names of 
 
 such persons on the poll lists as have been proved unqualified 
 voters as aforesaid, and immediately thereafter to replace To replace 
 slips of paper upon all other ballots from which he has taken ^''"'■ 
 the same, in the same manner as is provided in section three 
 of this act, for the inspectors of election. 
 
86 
 
 STATE OF MICHIGAN. 
 
 CHAPTER IV.— CANVASS AND RETURN OF VOTES. 
 COUNTY CANVASSERS. 
 
 An Act to provide for the election of a board of county canvassers, to 
 prescribe the term of office and the powers and duties thereof, and 
 to repeal all acts and parts of acts contravening the provis'ions of 
 this act. 
 
 [Act 149, P. A. 1S95.] 
 
 The People of the State of Michigan enact: 
 
 (240) § 36(i2. Section 1. That at the regular annual 
 meeting of the board of supervi.sors of each organized county 
 in the state of Michigan, for the year eighteen hundred 
 ninety-six and each second year thereafter, there shall be 
 elected by ballot three electors, neither of whom shall be a 
 candidate for office at the general election ensuing, who to- 
 gether with the county clerk, who shall not be entitled to a 
 vote on said board, shall be and are hereby constituted a 
 board of county canvassers. Provided, That no ])erson shall 
 be eligible to membership on said board of canvassers who is 
 a member of said board of supervisors. And it shall be the 
 duty of the clerk of said board of supervisors to notify said 
 electors of their election within five days thereafter. Said 
 board of supervisors shall, at the time of electing such board 
 of county canvassers, fix the amount of their compensation, 
 which shall not exceed four dollars per day for each member 
 of said board, which shall be paid by the county treasurer 
 upon the warrant of the county clerk : Provided, That in 
 Wayne county said board of county canvassers shall consist 
 of five members, as follows: The probate judge, who shall be 
 the presiding officer of such board; the county treasurer, 
 with the two members of the board of Wayne county auditors 
 having the longer term to serve, and one other citizen elector 
 to be chosen by a plurality viva voce vote of the board of su- 
 pervisors of said county at their regular annual meeting. 
 Said board of supervisors shall, at the same time and in the 
 same manner, elect an alternate member of said board, who 
 will be entitled to serve as a member of said board in case of 
 a vacanc.v on said board on account of disability, absence or 
 other cause. 
 
 Am. 1899. Act 224. 
 
 See section 253 for an act (o provide special canvass of votes for state 
 senators and representatives. 
 
 The above act supersedes sections 43-48 of the act of 1S51. 
 
 (241) § 3GG3. Sec. 2. Each member of said board of 
 county canvassers shall qualify by taking the oath of office 
 re(]uired of ins])ectors of election, to be administered by the 
 
 Term of office, couuty clerk, and shall hold office for a term of two yeai's, or 
 until his successor is appointed and shall have qualified. 
 
 When board (242) § :!(;(54. Sec. 3. It shall be the duty of said board 
 
 of county canvassers to convene at the office of the county 
 
 When super- 
 visors to elect 
 canvassers by 
 ballot. 
 
 County clerk 
 to be a mem- 
 ber of board. 
 
 Proviso. 
 
 Supervisors to 
 fix compen- 
 sation. 
 
 Proviso as 
 to Wayne 
 county. 
 
 Oath required 
 of canvassers. 
 
 to convene. 
 
LAWS RELATING TO ELECTIONS. 87 
 
 clerk on the first Tuesday after the first Monday following 
 
 each election in said county, before the hour of one o'clock 
 
 p. m., and to elect one of Uieir number to act as chairman, 
 
 except as is especially provided in section one of this act. 
 
 The county clerk shall act as clerk of said board, but, in the county clerk 
 
 event of his unavoidable absence, the board may select one of b°ard'^'"'^ "' 
 
 his deputies to act in his stead. In case of any vacancy on Vacancy, how 
 
 said board, by reason of absence or disability under the i^ro- 
 
 visions of this act, it shall be filled by the members of the 
 
 board present, who shall select some person or persons eligible 
 
 to have been elected in the first instance, as set forth in 
 
 section one of this act. 
 
 Am. 1899, Act 224. 
 
 (243) § 3665. Sec. 4. The said board shall then pro- Boar.i of_^^^ 
 ceed without delay to canvass the return of votes cast for all vasserato"" 
 candidates for office voted for and all other questions voted rttunfs^. 
 on at said election, according to the returns filed in the office 
 of the county clerk by the several boards of election inspect- 
 ors of the various voting precincts in the county, and the re- 
 turns ov tally sheets filed with the board of canvassers by the 
 central counting board in counties where a central counting 
 board is provided for counting the ballots cast in said county 
 or any jjart thereof in lieu of their being counted by the elec- 
 tion inspectors of the voting districts. If it shall be found, May adjourn. 
 u])on the convi-ning of said board of canvassers that the re- 
 turns from any of the boards of election inspectors of the 
 several election districts, or the returns of such central count- 
 ing board are missing, incom]dete. or incorrect, or for any 
 other reason it is found necessary, then said board of county 
 canvassers shall have power to adjourn from day to day 
 until said returns shall have been procured or corrected. 
 Raid board of canvassers are hereby empowered to summon iMay.«:ummon 
 the person or persons having the boxes containing the ballots personsh'^iv- 
 cast at such election and the keys and seals of said boxes, or blj^es^fc."' 
 having such returns or the poll books or tally sheets used and 
 made at such elections, to bring said boxes, keys, seals, re- 
 turns, poll books and tally sheets before said board and said May open 
 board of canvassers are autluu-ized to o])en said boxes and °'"^^' 
 take therefrom any books or papers bearing upon the count 
 and return of the election inspectors of such election dis- 
 tricts or the returns of such central counting board, but they 
 shall not remove or mark the ballots therein. Said board of May summon 
 
 , , , . . . , . inspectors to 
 
 canvassers may summon such election inspectors, or central appearand 
 counting board, before them, and require them to make cor- "?urn3?etci' 
 rect returns in case, in its judgment, after examining such 
 returns, poll books or tally sheets, the returns already made 
 are incorrect or incomplete, and they shall canvass the votes 
 from the corrected returns. When the examination of such when boxe.s 
 papers is completed the same shall be returned to the ballot beretoned'" 
 boxes or delivered to the persons entitled by law to the same, 
 
S8 
 
 STATE OF MICHIGAN. 
 
 To prepare 
 statement ot 
 result. 
 
 and the boxes shall be locked and sealed and delivered to the 
 legal custodians thereof. When said canvass shall have been 
 finished, the said board of county canvassers shall prepare 
 a statement setting forth their findings in the premises, and 
 giving in detail the number of ballots cast for each candi- 
 date and the result of the votes cast on all other questions 
 How certified, voted ou at said election. They shall certify thei-eto, under 
 their hands, and the seal of the circuit court of the county. 
 It shall also be the duty of said board to declare the result 
 of the election for county officers and members of the legis- 
 lature, when the county alone constitutes one or more sena- 
 torial or representatives districts,- and to publish said result 
 and a statement of votes cast, within thirty days after said 
 election is held, in at least two newspapei's printed and cir- 
 culating in said county. 
 
 Declaratiou 
 of result. 
 
 Result, how 
 published. 
 
 When two 
 persons have 
 equal number 
 of votes. 
 
 Method of 
 drawing lots. 
 
 Am. 1899, Act 224: 1901, Act 67: 1905, Act 43. 
 
 See notes to section 1.52. 
 
 DUTIES OF BOARD: Under the old law it was held that the statute re- 
 lating to the duties of the board of county canvassers evidently contem- 
 plated that the board should proceed promptly to determine the result of 
 the election, and that no adjournment, except for the purpose of having 
 returns corrected, be made. — Newton v. Canvassers. 94 / 457. The duties 
 of canvassing boards are simply ministerial. — People v. Van Cleve. 1 / 366. 
 They are bound by the returns and cannot go behind them, especially for the 
 purpose of determining questions of fraud in the election. — McQuade v. 
 Furgason, 91 / 438 : Coll v. Board, 83 / 367 ; Roemer v. Board. 90 / 27. 
 Where a canvassing board canvassed the votes as reported by the inspectors 
 of election in a second or substituted return made after the filing of the 
 original return, mandamus will lie to compel a re-canvass from the original 
 return. — Roemer v. Canvassers, 90 / 30. As to the powers and duty of 
 county canvassers in canvassing the returns of an election to locate a 
 county seat, see Att'y Gen. v. Canvassers, 64 / 611. As to canvass of votes 
 for state and county officers, presidential electors, members of congress and 
 members of legislature, see Pound v. Bd. of Canvassers, 120 / 181. 
 
 (244) § 3666. Sec. 5. If it shall appear on the canvass 
 of the votes polled at such election for members of the leg- 
 islature or county officers, 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 manner. The board of canvassers for 
 the county or district in which such election was held, shall 
 appoint a day for the appearance of all such persons before 
 the projter officer hereinafter i)rovided, for the purpose of de- 
 termining by lot among such persons the right to such office, 
 and shall cause notice thereof to be given to all such persons 
 interested. The officer before whom such drawing is to take 
 place shall prepare as many slips of paper as there are such 
 ]iersons, and write the word ''elected'' on as many slips of 
 jiaper 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 near alike 
 •ns possible. Said slips shall be placed in a box, and at 
 the time and place appointed for the drawing of said lots, 
 each of such persons aforesaid may draw one of said slips 
 from the box ; and any such person drawing a slip on which 
 is written the word "elected," sh:il] bo deemed legally elected 
 
LAWS RELATING TO ELECTIONg. 89 
 
 to the office in question ; and the officer conducting such draw- 
 ing sluill forthwith give him a certificate of such election. If if tor senatof 
 the drawings under tlie provisions of this section are for the uVeTnTegfa?" 
 office of senator or representative in the state legislature, '^'"'■®- 
 and the district exceeds the limits of a single county, then 
 the drawing shall take place before the county clerk of the 
 county where the district canvass is held; in all other cases 
 before the county clerk of the county where each case shall 
 arise: Provided further, That in cases where the office of when office of 
 
 , . . , ■ i< T • 1 11 i 1 1 1 county clerk 
 
 county clerk is m question the drawing shall take place be- is in question. 
 for the sheriff of the county. 
 
 (245) § 3G07. Sec. 6. It shall also be the duty of said county clerk 
 clerk of the board of county canvassers, within five days from copfeTo? 
 the time of the completion of said canvass, to send by regis- canvass. 
 tered mail three certified copies of the same, so far as it shall 
 relate to the vote for state officers, electors for ])resident and 
 vice ju-esident of the United States, members of congi-ess of 
 the United States, state senators, representatives in the state 
 legislature, and amendments to the constitution, together 
 with a certificate of authenticity signed by himself and the 
 chairman of the board of canvassers; one to the governor. To whom 
 one to the secretary of state, and one to the state treasurer. ^°™'^''^^ • 
 The original shall be kept on file in the office of the county 
 clerk. 
 
 (24G) S 36GS. Sec. 7. It shall be the duty of the county secretary of 
 
 T state to re- 
 
 clerk to furnish certified copies of the original of said canvass ceivecopy 
 on file in his office to the secretary of state upon the request upon request. 
 of said secretary of state, and without charge. And if upon 
 receipt of said certified copies by the secretary of state, there 
 sliall ajjpear to be clerical errors in the same, it shall be the 
 duty of the county clerk, upon written request of the secre- 
 lary of state so to do to forthwith jn-epare corrected copies of 
 said original canvass on file in his office and transmit the 
 same in (he manner prescribed in section six of this act. 
 
 (247) § 3(JG9. Sec. 8. In case the clerk of the board of Penf«yj,f'"' 
 county canvas.sers shall neglect or refuse to perform, in the county clerk. 
 manner herein prescribed, any of tlie duties hereinbefore set 
 
 forth, he shall be deemed guilty of a misdemeanor, and upon 
 conviction shall be liable to pay a fine of not less than fifty 
 nor more than two hundred dollars, or be imprisoned in the 
 county jail not less than thirty nor more than ninety days. 
 
 (248) i; o()7(). Sec. 9. Anv member of said board of Penalty in 
 
 , 1 1 1 1 1 ' -1 • I J. c 2-1 case of failure 
 
 county canvassers who shall knowingly violate any of the or fraudulent 
 jji'ovisions of this act or shall wilfully neglect or refuse to per- returns. 
 form any duties enjoined upon him hereby, or shall sign any 
 fraudulent return, or shall change any word, letter or figure 
 in said returns as made by the board of canvassers, except as 
 hereinbefore provided, with intention to defraud, shall be 
 deemed guilty of a felony, and upon conviction thereof, shall 
 be punished by a fine not to exceed one thousand dollars or 
 imprisonment in the state prison not to exceed five years, or 
 
90 
 
 STATE OF MICHIGAN. 
 
 Who may 
 petition for 
 recount. 
 
 When filed. 
 
 both such fine and impri.sonment in the discretion of the 
 court. 
 
 (240) § 3671. Sec. 10. Any candidate voted for at any 
 election at wliicli state, county or district oflicers are voted 
 for, or any qualified elector voting at the last preceding elec- 
 tion where a constitutional amendment or any other proposi- 
 tion had been voted on, who conceives himself aggrieved on 
 account of any fraud or mistake in the canvass of the votes 
 by the inspectors of election or the returns made by said 
 inspectors may. on or before the close of the last day upon 
 which the board of county canvassers meets, 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 nature of 
 the mistakes or frauds complained of, and the township, ward 
 or district in v\liich 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 district referred to in his petition : Pro- 
 vided, That no candidate or qualified elector 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 county canvassers to the county treasurer, for the use of 
 the county. 
 
 Deposit. 
 
 Proviso. 
 
 Am. 1913, Act 352. 
 
 Held, th-it a candid.nte for a state office, such as circuit judge, is not 
 entitled to a recount under this act. — Pound v. Board of Canvassers, 120/ 
 181; Atfy Gen. v. Campbell. 130/285; Att'y Gen. v. Campbell, 132/82. 
 See Bradley v. St. Board of Canvassers, 154 / 274. 
 
 To notify 
 opposing 
 candidate 
 and in- 
 vestigate. 
 
 To open 
 ballot boxes. 
 
 When recount 
 is completed. 
 
 (250) §3072. Sec. 11. Upon filing the petition and mak- 
 ing the deposit required in the preceding section, and giving 
 at least twelve houi's' written notice thereof to the opposing 
 candidate, by handing to such candidate a copy thereof, or, 
 if such candidate cannot be found, hy leaving such cojiy at 
 his la.st place of residence, but no notice shall be required 
 upon any petition filed for a recount of the votes cast for 
 or against any constitutional amendment or any other propo- 
 sition, it shall be the duty of such board of canvassers to in- 
 vestigate the facts set forth in said petition. For such pur- 
 pose the said board shall have power to cause the ballot boxes 
 used in such election districts to be brought before it. The 
 board shall, thereupon, in some public place where such can- 
 didates or persons interested in such proposition, and their 
 counsel may be present, if they so desire, proceed forthwith 
 to open the ballot boxes from such districts, townships or 
 wards, and to make a i*ecount thereof as to such candidates, 
 and make correct and full return in writing under its hands 
 to said board, showing the full number of votes given, the 
 names of the candidates, and the nimiber of votes given 
 to each, and the number of votes cast for and against consti- 
 tutional amendments or other propositions, written out in 
 words and figui'es as upon the ballot. As soon as the recount 
 is completed, said board shall at once return the ballots to 
 
 I 
 
LAWS RELATING TO ELECTIONS. 51 
 
 their respective boxes, carefully fasten and seal the same, and 
 deliver them to the officer having the care and custody thereof. 
 The returns made by the said board of canvassers upon re- 
 count shall be deemed to be correct, anything in the previous 
 return from such townshij), ward or district, to the contrary 
 notwithstanding. 
 
 .\m. Id. 
 
 Sue citations under previous section. 
 
 (251) § 3673. Sec. 12. Any candidate not receiving a Certiorari to 
 certificate of election, or any "qualified elector voting j,t '^"'™'*'=°"'''- 
 the last preceding election where the constitutional amend- 
 ment or any other proposition has been voted on, may, for 
 
 error apparent upon the face of the returns, have the same 
 
 examined and corrected upon certiorari to the circuit coiirt 
 
 of the county, according to the rules and practices applicable 
 
 to such rights. In all cases where, bv reason of such re- wiiere fraud, 
 
 count, the petitioner succeeds in establishing fraud or mis- tabiisiied. 
 
 take as set forth in his petition, and receives a certiticate 
 
 of election, or the majority of the votes cast is increased 
 
 and changes in favor of the petitioner, the money deposited 
 
 by him shall be i-efunded. For fraudulent or illegal voting, 
 
 or tampering with the ballot boxes before a recount by the 
 
 board of canva.ssers, the remedy bj' quo warranto shall re- Quo warranto. 
 
 main in full force together with any other remedies now 
 
 existing. 
 
 .\m. Id. 
 
 (252) § 3074. Sec. 13. The provisions of this act shall Act to apply 
 apply to special elections to till vacancies in any of the offices e?e?«ont.^ 
 mentioned in section four of this act, and at all elections at 
 
 wliicli any proposition shall Ite subniKted to the electors of 
 any county. 
 
 Section 14 repeals "all acts or parts of acts conti-avenini; tlie provisions 
 of tliis .act." 
 
 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, P. A. 1S05.1 
 
 The People of the ^tufe of Michigan enact: 
 
 (253) § 3001. Section 1. That in ca.se of a sjiecial elec- Board of can- 
 tion held to fill a vacancy in the oflice of state senator or of j'o m^eet.'"''*''" 
 representative in the state legislature during a .session of the 
 
92 
 
 STATE OF MICHIGAN. 
 
 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 
 tbe result of such election as now provided by law in case of 
 general elections in this state. 
 
 UNIFORMITY IN RETURNS. 
 
 An Act to secure imiformity in election returns. 
 
 [Act 49, S. L. 1867.] 
 
 Secretary of 
 state to fur- 
 nish blanks. 
 
 Duty of 
 
 county clerks. 
 
 The People of the State of Michigan enact: 
 
 (254) § 37:J.S. Secttox 1. That the secretary of state lie 
 required to prepare and transmit, at least sixty days before 
 any general or sjiecial election at which other than townshij) 
 officers are to be elected, to the several county clerks, suitable 
 blank forms, to enable inspectors of elections and townshi)) 
 or city clerks to make returns of elections to the respective 
 countv or district board of canvassers. 
 
 (255) § 3734. Sec. 2. That the 
 shall, after receiving the blank forms 
 before any general or special election, 
 be elected requiring the transmission of a statement of votes 
 to a board of canvassers, deliver to the several to\\T3ship or 
 city clerks of their respective counties a sufiicient 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. 
 
 several county clerks 
 and at least ten days 
 at which officers shall 
 
 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, P. A. 1887.] 
 
 The People of the State of Michigan enact: 
 
 Petition for (256) § 3725. SECTION 1. That any candidate voted for 
 
 can'vas3°to° at auv election, conceiving himself aggrieved on account of 
 whom made, j,Qy fraud or mistake in the canvass of the votes by the in- 
 spectors of election, or in the returns made, may (within 
 three days after the conclusion of a township canvass, if a 
 tOAvnship office) or on or before the close of the last day upon 
 
LAWS RELATING TO ELECTIONS. 93 
 
 which the board of city canvassers meet, if a citj' or ward 
 office, or board of villaj;e canvassers, if a village office, 
 j>resent 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 
 townshij), 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: 
 I'rovided, That no candidate shall Iw re(piired to deposit Proviso, limit- 
 more than one hundred dollars, which sum shall be i)aid in d"epo^t!"" 
 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 
 lownshi]) clerk to the townshi]) treasurer for the use of the 
 city, village or townshij), as the case may be. Upon filing when board 
 such petition, making such deposit and giving at least twelve ?o ma'ke'fn-" 
 hours' written notice thereof to the opjiosing candidate by vestigation. 
 handing to such candidate a cojiy 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 ])etition. For which purjiose the clerk, if no meeting cierii to call 
 be already aiii)ointed, shall call a meeting of such board of ^*a'||""°' 
 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 Hpw corn- 
 designate a member who .shall be the chairman of said com- investigation 
 niittee, the candidate presenting such petition and the can- appointed. 
 didate opposed thereto shall each choose a member, and if 
 such candidates, or either of them, decline to clioo.se a mem- 
 ber, then the board shall designate, and the three thus 
 chosen shall constitute a committee to inve.stigate the errors, 
 mistakes or frauds complained of. 8aid committee shall, in Committee to 
 some jiublic ])lacc. where such candidates and their counsel S'^baiiot™""' 
 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, ujion making such recount, shall Ballots to be 
 at once return the ballots to their resjiective boxes, carefully box^eT*""" 
 fasten and seal the same and deliver Ihein to the officer hav- 
 ing the care and custody thereof. Said board of canvassers. Report of 
 upon receiving the report of such committee, shall accept the beTccepted'" 
 same as correct, anything in the previous declaration, certifi- as correct. 
 cate or returns from such township, ward or village to the 
 
94 
 
 STATE OF MICHIGAN. 
 
 Appeal to cir- 
 cuit court. 
 
 When deposit 
 to be returned 
 to petitioner. 
 
 Remedy for 
 fraudulent 
 voting, etc. 
 
 Final adjourn- 
 ment subject 
 to recall. 
 
 contrary notwithstanding. Any candidate not receiving a 
 certificate of election, may for errors ajiparent upon tlie face 
 of the returns have the same examined and corrected upon 
 certiorari to the circuit court of the county, according to tlie 
 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 
 him shall be refunded. For fraudulent or illegal voting, or 
 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- 
 \assers shall lie 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 
 affiirieved b.v the action of the inspectors of election and the board of cit.v 
 canvassers the richt to a recount of the votes cast for and against him for 
 the ofBce for which he was a candidate, in the first instance at least, if he 
 should desire it. witliout resort to proceedings by nuo 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 nuralier of votes cast for the office as to whicii 
 tlie recount is applied for. It was clearly intended that, in case of various 
 contests arisinir Ijefore the board, different committees could be appointed 
 and the count in ail cases proceed at once. The board acting on a contest 
 may well be lield to constitute a special trilninai. when in session, only for 
 the* purpose of consideriner such contest. It was not the leeislative intent 
 that a presentation of the application to the bod.y, when so actins. and after 
 a full performance and determination of the result as to the candidates for 
 other offices should entitle the party presentina; 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 mistal^es 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 tlie election law are disrescarded, if the result would be thereliy 
 chanced. — ."ift'y Gen. v. Stilison, lOS/419. The board of canvassers, on 
 return of the* rnport of a recount committee appointed under this section, 
 are under no duty to correct errors of tlie committee not shown on the face 
 of their report. — *.\twood v. Sault Ste. Marie. 141/295. 
 
 Tlie 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/ 
 679. 
 
 Where respondent, a candidate for election as supervisor, was also a mem- 
 ber of tlie board of election canvassers, and signed the report of a recount de- 
 claring; respondent elected, but a majority of the board without countins re- 
 spondent sicned the report, it was valid and conclusive of the facts stated 
 tlierein. — Miner v. Beurmann, 165 /G72. 
 
 ENFORCE.ABLE BY M.\ND.\MUS : The risht 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, 04 / 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 .\CT DOES NOT .APPLY : This act and the next following do 
 not apply in the case of memliers of a common council in a city whose coun- 
 cil is made tl'e sole judge of the election of its members. — Weston v. Probate 
 .Tudge. GO / ono : 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 liy the charter the judge of 
 the *election and qualification of its own memliers. — McKenzie v. Canvassi'rs. 
 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. 9o / 462. 
 
 EFFECT OF RECOUNT MADE: When the board has recounted and de- 
 cl.ared 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. — Trumbull v. Bd. of Canvassers, 140 / 537. 
 
LAWS RELATING TO ELECTIONS. 
 
 See also Lamoreaux v. Atfy Gen.. 89/146; Jolmson v. Bd. of Canvassers, 
 101/101; Keith v. Wendt, 144/49; ^ya^d v. Culver, 144/57, 71. 
 
 PRESERVATION OF EVIDENCE OF ERROR OR FRAUD. 
 
 An Act to preserve evidence of error or fraud in tlie counting of bal- 
 lots and in elections [election] returns, and in tlie count of in- 
 spectors of elections [election] and the declaration of the board of 
 canvassers in contested elections. 
 
 [Act 293, P. A. 1887.] 
 
 The People of the State of Michigan enact: 
 
 (257) § 3726. Section 1. That any candidate voted for petition to 
 at any election in this state intendiiis to contest the same. ^Pcandidllr 
 may, after the decision of the board of canvassers and with- |.'i'n\est'e1e*c° 
 out waiting to commence quo warranto proceedings, by peti- tion. 
 tion to the probate judge of the county in which the election 
 is held, cause tlie ballot boxes, or such number of them as he 
 may si)oc!fy 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- Proviso as to 
 vidod. That at the time of filing such petition he shall de- '^""^ p'""°"- 
 ]i(isit thirty dollars with such judge of probate, which amount 
 shall be disposed of as hereinafter ])rovided. 
 
 See notes to preceding act. The supreme court has held this act too de- 
 fective to lie executed, unless by common consent. — Andrews v. Probate 
 .ludire. 74 / 278. 
 
 PETITION : The petition must show whom the canvassers have decided 
 to lie elected in order tl'at notice of the contest may be given him. — .\ndrews 
 V. Probate .Tudse, 74 / 278. 
 
 This act does not apply to a city whose common council is diarped with 
 tlie duty of canvassing tlie votes cast for. and given tlie exclusive right to 
 iletermine 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. — Weston v. Probate Judge, 69/600; Nau- 
 mann v. Board of City Canvassers. 73/252. 
 
 See Hilton v. Gd. Rapids Com. Council, 112/501. 
 
 (2,~)S) ? :!727. Sec. 2. Said iietifion sliall set forth that what petition 
 
 ji j-i- J- J X i' ii n^ 1 • 11 1 • shall set forth. 
 
 the petitioner was a candidate fur the oUKe 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 
 rclurns 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 ft«le intention U> 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 
 
96 
 
 STATE OF MICHIGAN. 
 
 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 seryed upon the person or persons who were can- 
 didates for said office at said election. 
 
 Andrews v. Judge of Probate, 74 / 278. 
 
 Duty of pro- 
 bate judge 
 upon filing 
 petition. 
 
 (259) § 3728. Sec. 3. Upon the filing of said petition 
 the probate judge sliall notify the members of the board of 
 examiners created by section six of tliis act of the filing of 
 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 nKU'e than ten days from the issuing there- 
 of; and a copy of said order shall be seryed 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 fliis : (a) — No provision is made for tlie appointment of a time 
 wben tlie board of examiners wiU be appointed, or for tlie notice to tbe 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 talie an oath before proceeding to the 
 discharge of their duties. (c) — Tbe 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. 
 
 When ballot (260) § 3729. Sec. 4. Upon the day and at the place 
 b?ou|ht'be- specified in the order the boxes shall be brought before the 
 S'^Ll'lSilJofo'^'^ board of examiners created by section six in [of] this act, 
 etc. and ojiencd by and in Ihe presence of the board of examiners 
 
 and the judge of probate, and Ihe ballots therein shall be 
 counted by said board. And the Ijoard of examiners aboye 
 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 Ihe judge of jirobate in the 
 office of the county clerk, and shall be conclusiye eyidence in 
 any subsequent proceeding at law of the ballots cast in boxes 
 so opened. 
 
 Andrews v. Probate Judge, 74 / 2S5. 
 
 Ballots, after (261) § 3730. Sec. 5. After the ballots are counted they 
 sha"fbe°s"eated: ^ball be placed back in the boxes and sealed up by said board 
 
 and returned to the officer who is by law entrusted with the 
 
 custody thereof. 
 
I 
 
 LAWS RELATING TO ELECTIONS. 97 
 
 (262) § 8731. Sec. 6. The board of examiners to carry Board of ex- 
 iiito effect tlie provisions of tliis act sliall consist of three per- whom"^to con- 
 sons, who sliall be electors of the connly in whicli proceedings sist, etc. 
 are had, one a]i])ointed by the candidjite presenting snch peti- 
 tion, one by the candidate opposed tliereto, and one by the 
 jndge of probate. Tliey sliall 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 
 of said board in accordance with the provisions of this act. 
 If the candidate jn-csenting such petition or the candidate 
 opposed thereto shall decline to so choose a member then the 
 judge of i>rol)ate shall designate, and the three thus chosen 
 shall constitute the board of examiners : Provided, however, Proviso. 
 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 imjiosed upon the judge of probate in other 
 cases. 
 
 (2C3) §3732. Sec. 7. Whenever a contestant, in the when fee de- 
 opinion of the board of examiners created under this act, judge to^be 
 establishes the truth of his allegations in his petition for a conteatant" 
 recount, the fee of thirty dollars deposited with the judge of 
 probate as i)rovided foi- 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 i)aid to the county treas- 
 urer to be pnt into the contingent fund of the county. 
 
 Section S repeals ".Ml mis or parts ot acts contravening tlie provisions of 
 tills act." 
 
 I 
 
 RECOUNT BY SUPERVISORS. 
 
 An Act to provide for a recount of votes canvassed by boards of 
 
 supervisors. 
 
 [Act 327, P. A. 1913.] 
 
 The People of the State of Michigan enact: 
 
 (2C>i) Section 1. Whenever a proposition is submitted to wiio ami when 
 the electors, and the votes cast upon said proposition are can- may petition. 
 vassed by the board of supervisors of the county, any person 
 voting in the county at the election at whicli such a propo- 
 sition has been submitted, who conceives him.seif aggrieved 
 on account of any fraud or mistake in the canvass of the 
 votes by inspectors of election or the returns made by said 
 inspectors, may, on or before the close of the last day of the 
 session of the board of supervisors at which said votes are 
 canvassed, present to, and file with, or cause to be pre- where aied. 
 sented to, or filed witli, the clerk of said board, a written 
 petition which shall be sworn to, by himself, his agent or 
 13 
 
08 
 
 STATE OF MICHIGAN. 
 
 Deposit. 
 
 Proviso, when 
 fraud not 
 eatablislied. 
 
 Appointment 
 of committee. 
 
 attorney, setting forth, as near as may be the nature of the 
 mistakes or frauds complained of and the township, ward or 
 district in which they occur, and asking for a correction 
 tliereof. He shall at the same time deposit or cause to de- 
 posit with the clerk of said board the sum of ten dollars for 
 each and every township, ward or district referred to in his 
 petition : Provided, however. That no petitioner shall be 
 required to deposit more than one hundred dollars, which 
 sum shall be paid in case such petitioner does not establish 
 suflScient fraud or mistake to change the result complained of 
 as set forth in his petition by the clerk of the board of super- 
 ^isors to the county treasurer, for the use of the county. 
 
 (265) Sec. 2. Upon filing the petition and making the de- 
 posit required in the preceding section, it shall be the duty of 
 the board of supervisors to appoint a committee from its mem- 
 bership to investigate the facts set forth in said petition. 
 For such purpose the said board shall have po^er to cause 
 the ballot boxes used in such election districts to be brought 
 before said committee. Said committee shall thereupon in 
 some public place where tlie persons interested, and their 
 counsel, if they so desire, may be present, proceed forthwith 
 to open the ballot boxes from such districts, townships or 
 wards and to make a recount thereof as to said proposition, 
 and for the purpose of recounting the votes upon said ques- 
 tion, said board shall have the right to subpoena witnesses, 
 administer oaths, and take all necessary proceedings to in- 
 sure a correct count of the votes cast upon the proposition, 
 and make correct and full retuj'n in writing under their 
 hands to said board, showing the full number of votes given, 
 the number of votes in favor of said proposition, and the 
 number of votes against said proposition. As soon as the 
 recount is completed, said board shall at once return the 
 ballots to their respective boxes, carefully fasten and seal 
 
 Witnesses, 
 oaths, etc. 
 
 Recount, when 
 completed. 
 
 Certiorari to 
 circuit court. 
 
 When fraud 
 established. 
 
 the same, and deliver them to the officer having the care 
 and custody thereof. The returns made by the said board 
 of supervisors upon recount shall be deemed to be correct, 
 anything in the previous return from such township, ward 
 or district to the contrary notwithstanding. 
 
 (266) Sec. 3. Any person, may, for error apparent upon 
 the face of the returns have the same examined and corrected 
 upon certiorari to the circuit court of said county according 
 to the rules and practices applicable to such rights. In all 
 cases where, by reason of such recount, the petitioner suc- 
 ceeds in establishing sufificient fraud or mistake to change the 
 result reached by the board of supervisors as set forth in his 
 petition, the money deposited by him shall be refunded. 
 Otherwise said money shall be paid into the county treasury 
 as provided for in section one. For fraudulent or illegal 
 voting or tampering with the ballot boxes before a recount 
 by the board of supervisors, all legal remedies now existing 
 shall remain in full force. 
 
LAWS RELATING TO ELECTIONS. 99 
 
 CHAPTER v.— lOLECTION DISTRICTS AND CENTRAL 
 POLLING PLACES. 
 
 An Act relative to dividing townships and villages into election dis- 
 tricts and to provide for the registration of electors in such cases. 
 
 [Act 203, P. A. 1877.] 
 
 The People of the State of Michigan enact: 
 
 (267) § 3582. Section 1. In any township in the state Townships, 
 of Michigan the township board thereof may divide said town- 
 ship into two or more election districts : Provided, That such Proviso, 
 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 ghall ^J"'■*^g*^ 
 be so divided unless it contains at least three hundred elec- 
 tors, or contains more than one sun'eyed township, either 
 ciilire or fractional, as detennined by the government survey 
 thereof. 
 
 Am. 1*11, Act 13. 
 
 (268) § 358.3. Sec. 2. The township board of such town- Boundaries 
 ship shall enter upon their record the boundaries asd num t*be"eSered 
 ber of each of said election districts, commencing at number "" record, 
 "one," and shall have power to change the same, and shall 
 
 give like notice of such change, before the next general elec- 
 tion or tawnskip meeting as required by section ond of this 
 act for establishing the boundaries of such district. They Notice of first 
 shall als© give six days' notice of ttie place in each district ®'^'=*'°"- 
 of holding the first election or township meetiHg therein. 
 
 (269) § 3.5S4. Sec. 3. The township officers of said town Boards of 
 ship, who, by existing laws, constitute the board of inspectors eilct1onsln° 
 of election in said township, shall be the board of inspectors fi-fct'sf" '^'^' 
 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 
 
100 
 
 STATE OF MICHIGAN. 
 
 Manner of 
 electing in- 
 spectors. 
 
 Inspectors of 
 election, their 
 powers and 
 duties. 
 
 Compensation 
 and oath of 
 office. 
 
 Electors to 
 vote in district 
 in which they 
 reside. 
 
 Registration 
 of electors. 
 
 Canvass of 
 votes in dis- 
 trict. 
 
 Office until their succe.ssors are elected and qualify, and shal 
 irknown as "district inspectors of election." The manner ot 
 uch ele^tioi' o inspectors shall be by ballot as for township 
 officeiS" osen by ballot, and the ballot shall -"t-^lVw' 
 of the person voted for and the ^yords "inspector cvf elect on 
 added thereto, and the three persons receiving he Ing^^ * 
 minder of vo es in said district for said office shall be the 
 Er of n pectors of election for the ensuing year m such 
 Srict. and until their successors are elec ed and quaMj • 
 
 ^"tO) § 3585. Sec. 4. The boards of inspectors of each 
 distHc shall be inspectors of elections in each election or 
 towushii, nK^tin- held therein. They shall appoint one of 
 hdrmimie" chairman of the board, shall «dnunister oa hs^ 
 make appointments, and have the same powers and authority 
 for piSei"' ng order and enforcing their commands and a 1 
 othel- powers^or proceeding with the elections in said dis- 
 trict and shall conduct the elections therein, in the same 
 n anner as now or hereafter directed by law for townshi 
 hi pecJors of general elections held in this state, unless herein 
 herwise presided. Thev shall receive the same compensa^ 
 Hon o township inspectors from the township, and before 
 entering upon their duties shall take and subscribe the oath 
 of office prescribed by the constitution. -,..■. ,^,^^^ 
 
 (^m \ 3586. Sec. 5. The electors of each district shall 
 vote" in the respective districts in which they reside and for 
 ;'iich they are registered, except such as ^^e reqviu^d t^ ac 
 as inspectors of election, who may vote at the polls wlieie 
 thev ^ct as inspectors. . , ,, 
 
 7272) § 3587. Sec. fi. The board of registration shall 
 complete the registration of electors in each distric in^epa^ 
 rate district registers, and shall transcribe to such distucT 
 reSster f-o„/t^ register the names of ^^J^ 
 
 ors as thev know are qualified electors and residents of such 
 d strict and shall cansL such district register to be present at 
 elry m etng of the district board of registration and at 
 e-S eleSon held in such district. The two J"^f ^es of he 
 peace whose terms of office shall last expire shal constitute 
 the boarcl of registration in said election district number 
 to and the said board of registration shall ^olAmeetrngs 
 ir'the reoistration of the qualified electors of said district 
 undei like notice, at the same time and in the same manner 
 as is p^eS^Sbed by the general laws of this ^tate relative to 
 registration of electors in towuships. In <"a^, .o^+^if .,?f^ 
 sefce of either of said justices of the peace or his inability 
 o serve, the township board shall appoint soiue qualified 
 elector of such township to perform such duties. J-he pei 
 son S appoXd shall take and subscribe the constitutional 
 oath of office. 
 
 .\m. 1911, Act 204. 
 
 ('>73) §3588 Sec. 7. The district inspectors of elections 
 shall, without adjourning, publicly canvass the votes received 
 
LAWS RELATING TO ELECTIONS-- 101 
 
 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 wriling, setting forth in words vA full length the whole 
 nmiibor of voles given for each oflice, Ihe names of persons 
 for wliom snch votes for each ollici' were given, and the 
 whole nnmber of votes given npon each qneslion voted npon, 
 and the nnmber [of votes] given for and against the same; 
 wliicli statement shall be certified, under the hands of the 
 inspectors of election of such district, to be correct, and they official 
 shall deposit such statement and certificate on the day of toJJ,3p.^ 
 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 combined result shall be the oflicial canvass of said town- 
 ship. 
 
 The provisions of tliis 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/ 
 155. 
 
 For law of 1891, see .sections 139-183. 
 
 (274) § ofiSD. Sec. 8. The electors of each election dis- Tinie of^meet- 
 trict shall meet at one o'clock in the afternoon at the polling to^t?ansI^t°" 
 place of each district respectively to transact such business ^^^^Tsl^ ^^f^^ 
 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 tliem 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- 
 vided by section seven of said act: Provided, That all ques- Proviso as 
 tions proposed to be acted upon shall be previously reported questlon^'"^ 
 10 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. 
 
 (275) § 3590. Sec. 9. The president and trustees of any Division in 
 incorporated village may divide said village into as many ■^'""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 '^'^'^'""■ 
 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 
 ic 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. 
 
 (27G) § 3591. Sec. 10. Said president and trustees shall Record, where 
 make a record of the boundaries and number of each election * ' 
 
102 
 
 STAtE OF MICHIGAN. 
 
 Inspectors of 
 election. 
 
 Term of office 
 of Inspectora. 
 
 Manner of 
 conducting 
 elections. 
 
 Canvass of 
 votes in dis- 
 tricts. 
 
 district and file the same witli llie clerk of tlie village so- 
 divided, and may change tlie same by giving the notice 
 before the ensuing election as required by [in] section nine 
 of this act. 
 
 (277) § 8592. Sec. 11. The officers of said village who. 
 by existing law, act as a board of inspectors of election of 
 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 
 their offices for one year and until their successors are ap- 
 pointed and qualifv. 
 
 (278) § .3.59.3. 'Sicc. 12. Each board of district inspectors 
 of election shall ai)point »ne of their number chairman, and 
 shall conduct the election in said district with the same 
 power and auflkority and in the same manner, imless herein 
 otherwise pro\ided, as now or hereafter directed l)y law for 
 inspectors of general elections Iield in this state, unless 
 herein otherwise provided, and shall, at the closing of the 
 polls, without adjourning, publicly canvass the votes received 
 by them the same as in general election.*, and declare the 
 result, and shall on the same day make a statement in writing, 
 setting forth the wliole number of votes given for each office, 
 the names of persons for whom such votes for each office were 
 given, and the number of votes so given for each person ; 
 which statement shall be certified under the hands of the 
 inspectors of such elcctios 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 jiersons were duly elected, and the result 
 thereof shall be the official canvass of such village. 
 
 (270) § 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 registralion of electors, and 
 all such persons appointed or elected as herein provided shall, 
 before entering nj)on the duties of their office, make and sub- 
 scribe the constitutienal oath of office of this state, and said 
 villages may provide for the payment of sucli officers. 
 
 (280) Sec. 14. The township board of any township 
 which has been or may hereafter be divided into two or more 
 election districts under the i)rovisions of this act, may at any 
 time abolish said division into election districts, and said 
 
 Official 
 canvass of 
 village. 
 
 Registration 
 of electors in 
 villages. 
 
 May' abolish 
 fii vision into 
 election dis- 
 tricts. 
 
LAWS RELATING TO ELECTIONS. ' 103 
 
 action so aboHshing 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 ProTiso. 
 shall not apply to divisions made by special act of the state 
 legislature. 
 
 Added 1901, Act 21 ; Am. 1911, Act 13. 
 
 CENTRAL POLLING PLACES. 
 
 An Act authorizing the common councils of cities of tlie fourth class 
 to provide by ordinance for the establishment of central polling 
 places. 
 
 [Act 140, P. A. 1913] 
 
 The People of the State of Michigan enact: 
 
 (281) Section 1. In any city of this state, organized ^,|'J^J/' ^^"'"^ 
 under the laws thereof as a city of the fourth class, it shall ^ '"*^^ 
 
 be lawful for the common council of said city to provide by 
 an ordinance, passed by at least a majority of the aldermen 
 elect of said city, for the establishment of a central polling 
 plage, to be centrally located, and to provide for the discon- 
 tinuance and abolishment of all other polling places in said 
 city. 
 
 (282) Sec. 2. The cgmmon council of any city establish- ^i|^[j,'jy '"" 
 ing a central polling place may appoint four or more in- number, etc. 
 spectors of election at the last meeting of said common coun- 
 cil previous to every election, general or special, and said in- 
 spectors shall be governed by the general laws of this state 
 
 in reference to their powers and duties as election inspectors. 
 
 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 ajid attempted corruption 
 of such delegates. 
 
 [Act 135, P. A. 1895.] 
 
 The People of the State of Michigan enact: 
 
 (283) § 3514. Section 1. That the word "primary" in Howwor.i 
 this act shall be construed to mean an assemblage of voters constl^el 
 
104 
 
 STATE OF MICHIGAN. 
 
 of any political ]>i\vty duly couvened fur any of the purposes 
 set fortk in this act, and that the words "primary elections," 
 as used in this act, shall be construed so as to embrace all 
 elections held hy any political party, convention, organization 
 or delegation therefrom, for the jjurpose of choosing candi- 
 dates for ofBce, or for choosing delegates to any convention 
 or conventions to be held by the party holding such primary, 
 or for the purpose of electing offlcers of any political organ- 
 ization, convention or association. 
 
 See sections 399-407 for the protection of primary elections and conventions. 
 
 Primaries to 
 be lield in tlie 
 (liiTerent 
 wards at the 
 same time. 
 Proviso. 
 
 In case ward 
 fail to hold 
 primary. 
 
 Time of hold- 
 ing primaries. 
 
 Notice of time 
 for holding. 
 
 (2S4) § 3515. Sec. 2. The primaries of any political 
 parties in cities included in this act, shall be held by the 
 several wards of each such city, and all the wards shall hold 
 their primaries for the same party at the same time: Pi'o- 
 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 
 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 
 was called. 
 
 (285) §3510. Sec. 3. The time for holding the primaries 
 in any city shall be determined by the principal committee 
 of the party having in charge the particular matter for which 
 the primary is called. Notices of the time for holding said 
 primaries shall be given by the citv 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 407 of this compilation. 
 
 When council 
 may provide 
 booths. 
 
 Proviso as to 
 notice on 
 clerk. 
 
 'i'ime of hold- 
 ing primaries 
 in cities. 
 
 (286) § 3517. Sec. 4. The common council of any city 
 embraced in this act may, in their discretion, cause the elec- 
 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 
 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. 
 
 (287) § 3518. Sec. 5. The primaries in any city aflfected 
 by this act and containing less than thirtj' thousand inhabit- 
 ants shall be held between the hours of four and eight 
 o'clock p. ra., standard time. The primaries in any city 
 affected by this act and containing more than thirty thou- 
 
LAWS RELATING TO ELECTIONS. 105 
 
 sand inhabitants shall be held between tlie hours of two o'clock 
 and eight o'clock p. m., standard time. 
 
 Am. 1S90, Act 22. 
 
 (288) ? 3519. Sec. 6. Each primary shall be presided Board^onn- 
 over by a board of inspectors, which sliall be composed of a ^rtsi!ie%t' 
 chairman, who shall be a member of the ward committee of pnma"e3- 
 the party holding- said ]irimary, residing in the ward where 
 
 Ihe primary is held, and of two (pialified voters chosen from 
 the residents of said ward, and who shall belong to the party 
 holding such primary. Each political party desiring to hold Members of 
 jtriman- elections shall, at the first ])rimary election after ^tttee.""'' 
 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 Two inspec- 
 primaiw held after this act takes efl'ect, each political party cho^'sen. 
 shall choose two inspectors, and if there be no member of its 
 ward committee, also a chairman of sncli 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 vacancy, how 
 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 
 voce vote of the voters of the party holding such primary at 
 the opening of the same. 
 
 (289) i; .3.520. Sec. 7. No voter whose name does not who eligible 
 appear on the r-egistration list of the last preceding election. pHmarie^s' 
 or when the committee of any party shall have adopted party 
 registration and his name does not appear upon [such] each 
 
 jiarly registration books, shall be allowed to vote at any pri- 
 mary: Provided. If any qualified voter A\liose name does not proviso. 
 ajipear on said registration list or on the adopted party reg- ot'oattu"^''^'"" 
 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 ]U'ior to this day; that you are a member of the 
 (here name the party holding the primary) ; that you are a 
 (pialified voter of this state and of the United States, and 
 that you have not voted at any other ])rimary election in any 
 other ward or voting pi-ecinct than this since last election, so 
 help you God." If after taking the foregoing oath said voter in case voter 
 shall be challenged on the ground that he is not a resident chaUenged. 
 of said ward or voting precinct, the board of inspectors sliall, 
 before his vote is received, require him to produce before said 
 board, some well known and reputable i-esident of said ward 
 or voting precinct, who will make oath that he knows the 
 person desiring to vote, the place of residence of said jierson. 
 how long he has lived there, his occupation, and to answer 
 
106 
 
 STATE OP MICHIGAN. 
 
 such other questions as may be put to him coucemina; 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 
 be I'ejected. Any person swearing falsely under the provi- 
 sions of this section, upon conviction thereof before any 
 court of competent jurisdiction, shall be subject to all the 
 pains and penalties of perjury. 
 
 when vote 
 may be re- 
 ceived. 
 
 Penalty for 
 false 3wear- 
 
 TEN DAYS : The constitution changes the time of residence In ward, 
 etc., from ten days to twenty days. 
 
 Who qualified (290) § 3521. Sec. 8. Only qualified voters identified 
 primarie^. With the party or organization holding such primaries, and 
 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 
 Persons chai- on the grouud that lie is not a member of such party he shall 
 the^foUowing''^ be required to take the following oath, to be administered by 
 oath. ^j^y person authorized by law to administer oaths: 
 
 STATE OF MICHIGAN, ) 
 
 > ss. 
 County of .' ) 
 
 T do solemnly swear that I am a (name of party or organ- 
 ijiation) and a resident of this ward for the last ten days, and 
 nni in sympathy Avith 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. 
 Penalty for If auv persou who takcs the foregoing oath swears falsely 
 
 fa^se swear- j^^ j^^^^^^j ^^^^^ conviction thereof be subject to all the pains 
 and penalties of perjury. 
 
 TEN DAYS : See note to previous section. 
 
 Challenged (291) § 3522. Sec. 9. If at the time a person proposing 
 
 untffoWrs" to vote IS challenged there are several persons waiting their 
 have voted. |^,j.j^ ^^ vote. Said challenged person shall stand to one side 
 
 until after unchallenged voters have had an opportimity to 
 Proviso, vote, when his case shall be taken up and disposed of: Pro- 
 
 Saiiengl. 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 primar\'. 
 
 for the purpose of annoying or delaying voters, he shall be 
 
 deemed guilty of a misdemeanor. 
 
LAWS RELATING TO ELECTIONS. 107 
 
 (292) § 3523. Sec. 10. No two parties or organizations Two parties 
 shall call their primaries for the same day, and the chairman p?toarira'oa 
 of each of the principal committees of the parties having in same day. 
 charge the primaries to be held for any stated pnrpose shall 
 
 notify the city clerk or recorder ©f the time fixed for his 
 party primaries within twenty-fonr hours after the same is 
 determined, and such day shall be considered as secured to 
 the party whose committee chairman has tirst given notifica- 
 tion thereof. 
 
 (293) § 3524. Sec. 11. The common council of any city Council to 
 embraced in this act, may cause all of the different political panfesTo how 
 organizations in any city where booths are provided by said TOrtotnUmcs. 
 city to hold their primaries within a given time, and shall 
 
 provide suitable ballot boxes for said primaries. 
 
 (294) § 3525. Sec. 12. If any voter shall solicit from Misdemeanor 
 any candidate for election at any primary, or from any other money from 
 person, or shall receive, directly or indirectly, from such can- candid.ates. 
 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 more than one party 
 primary, each held for the nomination of the same class of 
 ofBcers or delegates before any one election, he shall be 
 deemed guilty of a misdemeanor. 
 
 (295) § 3526. Si:c. 13. Any. person who shall hire any uniawfni 
 carriage or other conveyance, or cause the same to be done, of'votes'"" 
 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 reward of 
 any kind, or shall treat any voter 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 canse the same 
 to be done, shall be deemed guilty of a misdemeanor. 
 
 (29G) § 3527. Sec. 14. No delegate elected to any city Proxies not to 
 or county convention shall give a proxy to represent liim at g|t?i™Vmr" 
 such convention. All vacancies occurring in any delegation vacancies. 
 to any convention shall be filled by a majority vote of such 
 delegation : I'rovided, That such delegation shall not be per- proviso, 
 mitted to fill any vacancy which may occur in its number by fng^lacindra.'' 
 any person not a resident of the ward from which such ab- 
 sent delegate was chosen, and any person not duly elected or who deemed 
 chosen as hereinbefore set forth, who shall sit as a member misdemeanor. 
 of a delegation in any convention, or who shall secure his 
 election thereto by the offer of any valuable consideration 
 whatever, or l)v the promise of any reward, jilace <>r jjosition, 
 shall be deemed guilty of a misdemeanor. 
 
 (297) § 3528. Sec. 15. Any delegate or member of any wiien deie- 
 conventiou, or any other pei-son who shall solicit any candidate fSiuy ofT'' 
 for election or nomination before said convention for money, misdemeanor. 
 
108 
 
 STATE OP MICHIGAN. 
 
 Registratioa 
 of voters. 
 
 Proviso, 
 committee 
 may make 
 rules as to reg- 
 istration in 
 ward boolcs. 
 
 Proviso, 
 parties whose 
 names not on 
 books. 
 
 Delegates to 
 be elected by 
 ballot. 
 
 reward, position, place or preferment for liis support in sucli 
 convention, shall be deemed guilty of a misdemeanor. 
 
 (298) § 3520. 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- 
 vided, This section or act shall not preclude the city com- 
 mittee of any city coming within its provisions adopting 
 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 ])rimaries 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- 
 lowed to vote upon taking the oath prescribed in section 
 seven. Said registration, after the result has been declared, 
 shall be deposited with and preserved by the city clerk. 
 
 (299) § 3530. Sec. 17. The delegates to a convention 
 shall be elected by ballot and in the following manner: The 
 inspectors shall provide suitable blanks of uniform size and 
 color, not less than thi-ee by six inches, to be used as ballots, 
 and at each i>rimary 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 
 llie person receiving the highest number of votes at any pri- 
 mary for any ward office shall be declared the nominee of the 
 ]jarty holding said ju'iinary for the particular office for which 
 lie has been named: Provided, That in election of delegates 
 to a convention or in the election of a candidate for any ward 
 office, if it shall apjiear on counting 1he votes polled at any 
 ]irimary that two or more jiersons 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 tlie election to said office in the following man- 
 ner: The board of inspectors for the wai-d or precinct where 
 such tie may occur, shall ju-epare as many slips of jiaper as 
 there are such jiersons who have received the same number 
 of votes, and write the word "elected" on as many sli])s 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 jiossible. Said slijts shall be ])laced in a box and 
 each of such persons aforesaid, or in his absence some dis- 
 intei'ested jierson acting for him, may draw one of said slips 
 
 Proviso, in 
 case of tie. 
 
 
 ( 
 
 Manner of 
 drawing slips. 
 
LAWS RELATING TO ELECTIONS. 109 
 
 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 tlie board shall forthwith 
 give him a cerlilicale of such election. 
 
 {"00) § 35:11. Si:i'. 18. Tlio common council of any city How cities ot 
 of less than fifteen thousand population not embraced in this fauo^n^nfayP"" 
 act may, by ordinance on confirmation of the voters of such conduct pVi- 
 city, conduct their primaries in the same manner as those 
 cities embraced in tliis act under fifty thousand population. 
 
 (301) § 3532. Sec. 19. All tlie provisitms of act three what acts to 
 hundred three, of the session laws of one; thousand eight hun- jl"lf" '" 
 dred and eiglityseven, 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 lierein speciall_y pro- 
 vided for and aiiiilicable to such cilies. 
 
 (302) § 353;'.. Skc. 20. This act shall a])iily to all cities Act to apply 
 of tliis state having a population of fifteen thousand and not ing*^a'rertafn" 
 more than one Jiuiidred and fifty thousand inhabitants; the pop"':'"""- 
 population of said cities to be determined from tlie last fed- 
 eral or state census as the case may be. 
 
 (303) § 3534. Sec. 21. Any person found guilty of any penalty for 
 offense detined in this act as a misdemeanor, shall, upon con- ^''"'"tion. 
 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 less than ten days nor more than six 
 months, or both such fine and imprisonment in the discre 
 tion of the court. 
 
 (304) § 3535. Sec. 22. Any person who shall influence Further 
 any voter, delegate, candidate or other person to violate any P<^"*i'y- 
 of the provisions of this act shall be deemed guilty of a mis- 
 demeanor, and punishable as hereinbefore provided. 
 
 CHAPTER VIT.— TOWNSHIP ELECTIONS— DUTIES OP 
 
 OFFICERS. 
 
 [Extract from R. S. 1846, Chap. IG.] 
 TOWNSHIP MEETINGS. 
 
 (305) g 2275. Sec. S. The annual meeting of each town- Annual 
 ship shall be held on the first ^londay in April, in each year, '"^^""s- 
 and at such meeting there shall be an election for the fol- 
 lowing officers : One supervisor, one township clerk, one officers to be 
 treasurer, one commissioner of highways, as many overseers **^' " 
 of highways as shall be provided for by law, so many justices 
 
110 
 
 STATE OF MICHIGAN. 
 
 of the peace as there areby 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 354. 
 Abels V. Supervisors. 42 / 526 ; Robinson v. Supervisors, 49 / 321 ; People 
 V. Knight, 13 / 424 ; Hubbard v. Springwclls, 25 / 153. 
 
 Election by 
 ballot. 
 
 Term of ofBce 
 of justices. 
 
 Proviso. 
 
 (306) § 2276. Sec. 9. Each of the oflScers named in the 
 last preceding section, shall be chosen by ballot; and before 
 proceeding to choose the of3Bcers hereinafter directed to be 
 chosen at such meeting. 
 
 As to the last clause, see section 337. 
 
 INFORMAL BALLOT : When the l.iw requires certain officers to be 
 elected by ballot, there is and can be no such thing as an "intormar' ballot. 
 — Conrad v. Stone, 78 / 635. 
 
 Sec. 10 provided for the election of overseers of highways. For the elec- 
 tion of overseers, see section 325. 
 
 (307) § 2281. Sec. 11. Justices of the peace shall sev- 
 erally hold their ofSces for four years, except when elected to 
 fill a vacancy in office occurring before the expiration of the 
 legal terra 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 purswant 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 qualifv on or before July 4th after election. 
 
 BOND OF JUSTICES: See sections 2369-2373, C. L., 1897. 
 
 Term of office (308) § 2282. Sec. 12. The commissioner of highways 
 sfone^'ot'high- shall hold his office for one year, and until his successor shall 
 ways. be elected and qualified. 
 
 Sec. 13 contained certain provisions relative to school inspectors, that office 
 having been eliminated by the revised constitution. 
 
 Term of office. (309) § 2284. Sec. 14. Each of the officers elected at 
 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. 
 
 Of officers (310) § 2285. Sec. 15. Each township officer elected at 
 
 vSnci^ ^ ^ special meeting to fill a vacancy, shall hold his office during 
 
 the then unexpired portion of the regular term of the office, 
 
 and no longer, unless again elected. 
 Meetings. (311) § 2286. Sec. 16. The annual and special township 
 
 where to be meetings shall severally be held at the place in the township 
 
 where the last annual township meeting was held, or at such 
 
LAWS RELATING TO ELECTIONS. Ill 
 
 otLer place thereiu as shall have beeu ordered at a pi-evious 
 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 was organized, unless it shall, in either 
 case, become inconvenient to do so. 
 
 (312) § 2287. Sec. 17. Whenever it shall become incon- when place of 
 veuient to hold a township meeting at the place designated chlSgel, 
 therefor, the board of inspectors, or a majority of them, after Idj^o™^!""^ 
 having assembled at, or as near as practicable to such place, 
 
 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. 
 
 (313) § 2288. Sec. IS. Upon adjourning any township Proceedings 
 meeting, as provided in the last section, the board of inspect- ^g^^^""™" 
 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. 
 
 (314) § 2289. Sec. 19. Any annual' or special meeting For what pur- 
 may, by a vote of the meeting, be adjourned to any other day, may\"dFoum^ 
 and from time to time, for the purpose of transacting any 
 
 proper business of the township, except for the election of 
 officers. 
 
 (31.5) §2290. Sec. 20. The first township meeting after pirst meeting 
 the organization of any township, shall be held on the first ^.VenTeid.''' 
 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. 
 
 (316) § 2291. Sec. 21. At the first township meeting in proceedings 
 any township, the qualified electors present, between the f,Jij"'if\™v'n-' 
 hours of nine and ten o'clock in the forenoon, shall choose ship. 
 
 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 ante. 
 
 (317) § 2292. Sec. 22. If the inhabitants of any newly in case of faii- 
 organized township shall fail to hold their first township tow ^uld""' 
 meeting on the day specified by law, autf three qualified voters 
 
 of such township may call a meeting of the electors of such 
 township, for such towmship 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. 
 
112 
 
 STATE OF MICHIGAN. 
 
 Who to admin 
 ister oaths. 
 
 Special town- 
 ship meetings 
 to flU vacan- 
 
 (318) § 2293. Sec. 23. At such first township meeting, 
 tlie moderator shall administer the oath of oflSce to the other 
 in.spectors, and either of the other inspectoi'S, after having 
 been so qualified, may administer the like oath to the mod- 
 erator. 
 
 (319) § 2294. Sec. 24. Special township meetings may 
 be held for the purpose of choosing ofdcers to fill any vacancy 
 
 cies, how held. \\^^^ may occur, if the township board shall deem it expedi- 
 ent, and make their order therefor; and in case the said 
 1o^^^lsl^ip board become disorganized, or reduced below the 
 * inimber of a quorum, as provided by law, by, or throiigh 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. 
 
 Special meet- 
 ing for other 
 purposes. 
 
 (320) 
 
 § 2295.. 
 
 Sec. 2.5. Special township meetings shall 
 
 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- 
 sliip, 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. 
 
 Loomis V. Rogers Twp., 53/142. 
 
 Orders for 
 special meet- 
 ing, what to 
 specify. 
 
 Within what 
 time after 
 order, meeting 
 to be held. 
 
 Clerk to give 
 notice. 
 
 (321) § 2296. Sec. 26. Every order for a special town- 
 ship meeting shall specify the purpose for which it is to be 
 held, and the time when, and the place where it shall be held ; 
 and if any vacancies in office are to be filled at such meeting, 
 such order shall state in Avhat offices vacancies exist, how they 
 occurred, and Avho were the last incumbents, and if the va- 
 cancy be in the office of justice of the peace, such order 
 .'-hall also state at what time the constitutional term of ofSce 
 will expire. 
 
 The record must show all statutory requirements (o have been complied 
 with. — Loomis v. Rogers Twp., 53 / 135. 
 
 (322) § 2297. Sec. 27. The time appointed for holding 
 any special township meeting shall not be more than twenty, 
 nor less than fifteen days from the time of making the order 
 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. Sec Crittenden v. Robertson, 13/61. 
 
 (323) § 2298. Sec. 28. The said clerk shall, within two 
 (hiys after sucli order shall be left with him, cause copies 
 lliereof to be posted up in three of the most public places in 
 the township; and if there be a newspaper printed in such 
 town.ship, he shall also cause a copy to be published therein, 
 if practicable, at least five days before the day appointed for 
 such special meeting. 
 
LAWS RELATING TO ELECTIONS. 113 
 
 (324) § 2299. Sec. 29. No notice of the anuual town- No notice or 
 
 V"-"^; ,."',,,, », I annual meet- 
 
 slup meetings sliall hereafter be necessary. ing. 
 
 OVERSEERS OF HIGHWAYS. 
 
 [Extract from Act 2S3, P. A. inOO, CUi. XIII.] 
 
 (325) Sec. 6. Tliere shall also be elected at such meeting Election of 
 (o be chosen viva voce, or in such manner as the meeting may pounlmasters. 
 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 townslii]) having taxable prop- 
 erty in such district, shall vote for s;iid overseer and as many 
 ]>oundniasters a.s the meeting may direct: Provided, If there Proviso, 
 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- Qualification 
 
 of OVGFSGCr 
 
 son shall be eligible 1o the office of overseer of highway.s who 
 is not a resident taxpayer in Ihe district for which he is 
 elected or appointed, and no jierson shall hold Ihe office of 
 commissioner and overseer at the same time. 
 
 [Act 283, p. A. 1909, Cli. XII.] 
 
 (326) Sec. 2. If anv person chosen to the office of over- Appointment 
 seer shall refuse to serve, or if his office shall become vacant, 
 
 Ihe 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 toAvnship meetings. The commissioner making Notice of 
 such appointment or designation shall cause such wai'rant *pp°'° ""^ • 
 to be tiled 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. 
 
 [Act 283, P. A. 1909, Cli. II.] 
 
 (327) Sec. 13. If the highway commissioner be unable overseer to 
 to take charge of the work on highways and bridges because etcTin'ca?e*' 
 of sickness, absence or any other reason, or in case of a °'^^<='"^'^y- 
 vacancy in the office of township highway commissioner 
 through death, resignation or otherwise, the over.seer of high- 
 ways residing in tiie same road district as the former high- 
 way commissioner resided shall have charge and supervision 
 
 of all work, and shall act in the place and stead of the high- 
 way commissioner, until ;i new highway commissioner shall 
 be appointed 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 town- 
 ship clerk .shall be paid by the township treasurer. 
 
 15 
 
114 
 
 STATE OF MICHIGAN. 
 
 Inspectors ot 
 election. 
 
 Township 
 clerk to keep 
 minutes, etc. 
 
 When clerk of 
 meeting 
 appointed by 
 inspectors. 
 
 Polls, when 
 opened. 
 
 Ballots 
 deposited In 
 box. 
 
 MANNER OF CONDUCTING ELECTIONS. 
 
 [Extract from R. S. 1846, Chap. 16.] 
 
 (328) § 2300. Sec. 30. At the election of officers re- 
 quired to be chosen by ballot at the annual township meet- 
 ing, the inspectors of election shall be the same as at the 
 general election. 
 
 See sections 231-33 relative to conducting municipal and township elections. 
 
 (329) § 2301. Sec. 31. The township clerk shall be the 
 clerk of the township meeting, and shall keep faithful min- 
 utes of its proceedings, and a correct list of the persons vot- 
 ing at the election, and he shall enter at length in his minutes 
 e^ery order or direction, and all rules and regulations made 
 by such meeting. 
 
 (330) § 2302. Sec. 82. If the township clerk be absent, 
 then such person as shall be appointed by the inspectors for 
 that purpose shall act as clerk of the meeting, first taking an 
 oath, to be administered by one of the inspectors, that he will 
 faithfully perform the duties of his olBce according to the 
 best of his ability. 
 
 (331) § 2303. Sec. 33. The polls of the election shall be 
 opened at seven o'clock in the forenoon, or as soon thereafter 
 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. 
 
 (332) § 2304. Sec. 34. When the election is by ballot, 
 the inspectors shall deposit the ballots in a box, to be con- 
 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 seq. 
 
 230E5. Sec. 85. The ballot shall be a paper 
 
 Ballots, what (333) 
 
 to^contain. ticket, with the names of the persons for whom the elector 
 intends to vote, written or printed, or partly written and 
 partly printed tliereon ; and shall designate the office to which 
 each person so named is intended by him to be chosen ; but no 
 ballot shall contain a greater number of names as desigTiated 
 to any office, than there are persons to be chosen at such elec- 
 tion to fill such office, and each ballot shall be so folded as 
 to conceal the contents, and shall be delivered to one of the 
 inspectors. 
 Designation of (334) § 2306. Sec. 36. If at any election there shall be 
 Y»caai?y?° ™ one or more vacancies to be supplied, in the office of justice 
 
LAWS RELATING TO ELECTIONS. 115 
 
 of the peace, school inspectors, or commissiouers 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. 
 
 Tbe office of school inspector is now obsolete. 
 
 (335) § 2307. Sec. 37. If any person offering to vote chaUenges. 
 at such election, or upon any question arising at such town- 
 ship meeting, shall be challenged as unqualified by any in- 
 spector, or any elector entitled to vote at such meeting, the 
 inspectors shall pi'oceed 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 
 challenge, shall be again challenged upon any other question, 
 arising at the same township meeting. 
 
 See note to section 332. 
 
 (336) § 2308. Sec. 38. The inspectors, or oflScer presid- Authority to 
 ing, shall have the same authority to preserve order, to en- orderyetc. 
 force obedience, and to commit for disorderly conduct, as 
 
 is possessed by the board of inspectors at a general election. 
 
 (337) § 2309. Sec. 39. At the hour of one o'clock in the ximeof eiect- 
 afternoon, there shall be elected the other officers to be "^^ officers. 
 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, proviso, 
 That on all votes for the appropriation of any moneys?, or o?moneys"°° 
 for the raising of any taxes in said township, said votes 
 shall be taken in such a manner that the moderator of such 
 meeting may be able, and shall, upon demand, state the re- 
 sult of each of said votes, giving the number voting for and 
 the number voting against each proposition so voted upon, 
 all of which shall be duly i-ecorded by the township clerk 
 in the records of the proceedings of such meeting. 
 
 The section 8 referred to is section 305. 
 
 (338) § 2310. Sec. 40. All questions upon motions Questions 
 made at to^-nship meetings, shall be detei-mined by a ma- how°dSer-°°'' 
 jority of the electors voting; and the officer presiding at ™'°^^- 
 such meeting shall ascertain and declare the result of the 
 
 votes upon each question. 
 
STATE OF MICHIGAN. 
 
 ^ 
 
 CANVASS OF VOTES. 
 
 (339) § 2311. Sec. 41. The votes given by ballot sliall 
 he publicly canvassed by the inspectors, at the place where 
 I lie meeting was held, and the result shall be read by the 
 clerk to the persons there assembled; and such reading shall 
 be sufiflcient notice to all persons elected at that election to 
 anv ofSce, whose names are on the poll list as voters. 
 
 (340) § 2312. Sec. 42. Before the ballots are opened, 
 I hey shall be counted and compared with the poll list, and the 
 like proceedings shall be had as to ballots folded together, 
 and as to differences in number, as are prescribed in chapter 
 five. 
 
 S.'O note to section "32. 
 
 (341) § 2313. Sec. 43. The canvass being completed, 
 and the result ascertained, the inspectors shall draw up a 
 statement in writing, setting forth, in words at full length. 
 IJie whole number of votes given for each office, the names 
 of the persons for whom sucli votes for each office were given, 
 and the number of votes so given to each person, which state- 
 ment shall be certified under the hands of the inspectors to 
 he correct. 
 
 (342) § 2314. Sec. 44. The inspectors shall also certify 
 upon such statement, their determination of the persons 
 elected to the respective offices, including as well those 
 elected without ballot, as those elected by ballot; which state- 
 ment and certificate of determination shall be left with the 
 township clerk, and recorded in his office. 
 
 Robinson v. Supervisors, 49 / 321. 
 
 (343) § 2315. Sec. 45. The persons having received the 
 greatest number of votes given for any office at such election, 
 shall be deemed and declared duly elected; and if two or 
 more persons shall Inive received an equal number of votes 
 for (he same office, the inspectors of election shall determine 
 llie choice by lot, and shall declare and certify the same ac- 
 cordingly. 
 
 IViipIe V. Molitor, 23/341. 
 
 r 
 
 II 
 
 TOWNSHIP OFFICERS. 
 
 1344) § 2316. Sec. 46. All officers except justices of 
 I he peace, required to lie elected at towTiship meetings by bal- 
 lot, 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 six- 
 
LAWS RELATING TO ELECTIONS. 117 
 
 teeutli article of the coustitulioii, before the township clerk 
 or other ofHcer authorized to ndiniuister oaths, and file the 
 same with the township clerk, anIio shall record the same; and 
 snch oath shall l)e administered without reward, and certi- 
 fied by the officer before whom the same was taken, willi 
 the date of taking the same. 
 
 Am. 1913, Act 89. 
 
 (345) § 2317. Skc. 47. Within two days after the elec- cierks.^when 
 tiou of any oflBcers at a townshij) meeting, the clerk shall sonTeiected'^" 
 transmit to each person elected to any to^\'iiship ofiQce, 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 poundmaster 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. 
 
 (34G) § 2318. Sec. 48. The persons so elected justices whenjuatices 
 of the peace, shall enter upon the duties of their offices re- their dutiea. 
 spectively, 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 to\\Tisliip, immediately 
 upon the filing of their oath of office and security with the 
 county clerk, as required by law. 
 
 Hulbert v. Henry, 105/212. 
 
 (347) § 2319. Sep. 49. When a new township shall be Justices resid- 
 organized, if there be one or more justices of the peace re- townships, 
 i'iding therein, they shall be deemed io have vacated their re- 
 si)ective oflices. 
 
 (348) § 2320. Sec. .50. Within six days after the elec- cia.'.sificatioii 
 lion of justices of the peace in such new township, the su))er- »' Justices. 
 visor shall give notice in writing to the justices elected, and 
 
 to the township clerk, of the time and ])lace when and where 
 ho 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. 
 
 (.349) § 232i. Sec. 51. At the time and place so a]>- j^„i'"{«,"^'|,f''^- 
 I)oiuted, the supervisor and township clerk shall cause to be o'^ce^ 
 written on separate pieces of paper, as near alike as may be, 
 the numljers 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 ])ieces of paper, and each 
 shall be classed according to the numl)er written on the pajier 
 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 
 
STATE OF MICHIGAN. 
 
 day of July then next following, and the terms of the others 
 on the fourth day of July in each succeeding year, respect- 
 ively, according to the numbers drawn by them. 
 
 (350) § 2322. Sec. 52. If any person elected a justice 
 shall neglect to attend such drawing, the supervisor shall 
 draw for him; but if the supei-visor be absent from his town- 
 ship, or unable to serve, or his office be vacant, the township 
 clerk shall give the notice, and perform the duties herein 
 enjoined on such supervisor. 
 
 (351) § 2323. Sec. 53. Duplicate certificates of such 
 drawing, and of the result thereof, shall be made and certi- 
 fied by the supervisor and town.ship clerk, or such one of 
 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. 
 
 (352) § 2.324. Sec. 54. In case more than one existing 
 vacancy in the office of justices of the peace shall be supplied 
 by election at any township meeting, the classes of the pex*- 
 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. 
 
 (353) § 2325. Sec. 55. If any person elected to any 
 township office, except that of justice of the peace, of whom 
 an oath of office is requii-ed, 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 subsci'ibe 
 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 
 l)oundmaster, and not exempted by law from holding such 
 office, shall refuse to serve, he shall forfeit and pay the like 
 sum, unless the person selected shall file with the clerk of 
 his township, within said ten days, a written notice stating 
 lliat he declines accepting the office. 
 
 THE BOARD OF REVIEW. 
 
 [Extract from Act 206, P. A. 1893.] 
 
 Board of re- (3.54) §3851. Sec. 28. At the annual towuship meeting 
 
 /lew, election |j^.]^ p^j ^j^g gj.g^ Moudav of April in the year eighteen hun- 
 dred and ninety-four, there shall be elected by ballot, on the 
 regular township ticket, two tax-paying electors of the town- 
 
LAWS RELATING TO ELECTIONS. 119 
 
 ship, who shall be owTiers of land in said to^vnship, to serve 
 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 
 oilicers. The supeiTisor and the two electors so elected shall who to con- 
 constitute a board of review for such township. The town- ^ " **• 
 ship board mav temi)orarilv fill any vacancy which shall Vacancy. 
 
 . ■ -. 11- % -Ti J J-- 14. how filled. 
 
 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 con.stitute Quorum, etc. 
 a quorum for the transaction of business, but a less number 
 may adjoura from day to day and a majority vote of those 
 present shall decide all questions. 
 
 Am. 1901, Act 129. 
 
 The above section is taken from an act providing for the assessment ot 
 property and collection of taxes, etc. 
 
 RESIGNATIONS, VACANCIES, AND SUPPLYING VACANCIES. 
 
 (355) § 2326. Sec. 56. Resignations of all officers How resi^a- 
 elected at to^\Tiship meetings shall be in writing, signed by 
 
 the officer resigning, and addressed to the to^mship board, 
 and shall be delivered to and filed by the towTiship 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. 
 
 (356) § 2327. Sec. 57. Every township office, including when office 
 the office of justice of the peace, shall become vacant, upon vac^alit'.'"'^ 
 the happening of either of the e\'ents specified in chapter fif- 
 teen, as creating a vacancy. 
 
 VACANCIES: See sections 478. 480, 484, 487. 
 
 Paw raw V. Eggleston, 25 / 39 ; People v. Stellwagen, 33 / 1. 
 
 (357) § 2328. Sec. 58. Whenever there shall be a va- Temporary 
 cancy, or when the incumbent shall, from any cause be unable whm'mSfe"'^' 
 to perform the duties of his office, in either of the towTiship board™""'"''' 
 offices, except that of justice of the peace and to^^'nship trea.s- 
 
 urcr, 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. .Toseph, 46/528; Locke v. ITighway Com'r. 107/633. Murphy 
 V, Montmorency Circuit .Judge, 159/392. A township temporarily represented 
 liy an appointed supervisor has the same voice upon the board that It had 
 before the vacancy. — Peck v. Supervisors, 102 / 346. 
 
120 
 
 STATE OF MICHIGAN. 
 
 When town- 
 ship treasurer 
 appointed by 
 board. 
 
 (358) § 2329. Sec. 59. In case the treasurer of any 
 township shall refuse to serve, or shall vacate his office be- 
 fore completing the duties thereof, or be disabled from com- 
 pleting the same, by reason of sickness or any other cause, 
 the township board shall forthwith appoint a treasurer for 
 the remainder of the term, who shall give like security, and 
 be subject 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 im- 
 mediately give notice thereof to the county treasurer; but 
 such 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. 
 
 Minutes of 
 
 township 
 
 meeting. 
 
 (359) § 2339. f'.EC. 66. He shall transcribe in the book 
 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. 
 
 Clerks to make 
 return of 
 officers to 
 county clerk 
 
 (360) 
 
 2340. Sfc. 67. The township clerk of each town- 
 
 ship, and the city clerk of each city, shall, immediately after 
 Ihe qualifying of the several officers elected or appointed in 
 their respective townships and cities, return to the clerks of 
 their respective counties the names of all such officers, with 
 
 Proviso. their respective postoffice addi'esses : Provided, That the 
 
 town.ship clerk of the township of South Manitou in the 
 county of Manitou, may make such return at any time before 
 the flr.st day of June next after the election of such officers. 
 
 To give notice f361) § 2341. Sec. 68. Each towuship clerk shall, imme- 
 diately after the election of any justices of the peace in his 
 township, transmit a written notice thereof to the county 
 clei-k, 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. 
 
 of election of 
 jastices 
 
 Duties of 
 treasurer. 
 
 TOWNSHIP TREASURER. 
 
 (362) § 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 
 
 I 
 
LAWS RELATING TO ELECTIONS. 121 
 
 township on aot-ouut of non-resident liiglnvay taxes, and shall 
 pay over and account for tlie same, according to the order 
 of sncli townsliip, or tlie officers thereof dnly authorized in 
 that belialf; and shall perform all such other duties as shall 
 be required of him bv law; but no person shall be eligible to Not to hoiii 
 
 ,, A,, „ , » •' J J. ji j_ •„ office more 
 
 the office of townslii]> troasui-er for more than two years in than two years 
 succession. '" ^"'■<^^^^'°"- 
 
 COMPENSATION OF TOWNSHIP OFFICERS. 
 
 (3G3) § 2374. Sec. 95. The following township oflScers Township 
 shall be entitled to compensation at the following rates for p^'sau'on"of' 
 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 Boards, etc. 
 registration, board of health, inspectors of election, clerks of 
 the poll and commissioners of highways, three dollars per day, 
 and at tlie same rate for parts of days; 
 
 Second, The supervisor for taking the assessment and for Supervisor. 
 all services not connected with 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. Township 
 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, .\ct 98; 1911. .\it 200. 
 
 (364) Sec. 2. This act shall not take effect until ratified Ratification. 
 by the electors of said 1o\\nship. 
 
 Added 1911, Act 2G0. 
 
 This provision for a referendum, added by the amendment of 1911 to sec- 
 tion 363 (C. Ij. § 2374) seems to have tlie eflfect of leaving the amendment 
 of 1907 still in force in such townships as do not ratify the amendment of 
 1911. The only changes made in the section hy the last amendment are 
 found in subdivisions first and third. The following is the text of those sub- 
 divisions in tile amendment of 1907 : 
 
 First, The ofBcers composing the township boards, board of registration, 
 board of health, inspectors of election, clerks of the poll, commissioners of 
 highways and school inspectors, one dollar and fifty cents per day, and at 
 the same rate for parts of days ; 
 
 Third, The township clerk, as clerk of the board of commissioners of high- 
 ways, of the township board, and of the board of school inspectors, one 
 dollar and fifty cents 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 : I'rovided, That at an.v annnal township meeting, the 
 electors of the township may, by a majority vote of those present and voting, 
 increase the compensation of any or all of the officers mentioned in this sec- 
 tion, excepting as above provided for the supervisor, to a sum not to exceed 
 two dollars per day. 
 
 (365) § 2375. Sec. 96. For services not otherwise pro- Compensation 
 vided for by law, rendered to townships by township officers vlces""*"^ ^'' 
 in the duties of their respective offices, the township board 
 
122 
 
 STATE OF MICHIGAN. 
 
 shall audit and allow such compensation as they shall deem 
 reasonable. 
 
 Sawyer-Goodman Co. v. Crystal Falls Twp., 56/507. 
 
 TOWNSHIP BUSINESS OTHER THAN ELECTIONS. 
 
 Moderator of 
 
 township 
 
 meeting. 
 
 Powers and 
 duties of 
 moderator. 
 
 Idem. 
 
 Disorderly 
 conduct at 
 township 
 meetings. 
 
 Penalty for 
 disregarding 
 order of 
 moderator. 
 
 (366) § 2376. Sec. 97. In the transaction of any busi- 
 ness other than the election of officers in any township meet- 
 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 tlie inspectors present, may elect 
 viva voce, a moderator of the meeting. 
 
 (367) § 2377. Sec. 98. The moderator shall preside in, 
 and regulate the proceedings of the meeting; he shall decide 
 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 votere, 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. 
 
 (368) § 2378. Sec. 99. No person shall address the meet- 
 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. 
 
 (369) § 2379. Sec. 100. If, at any township meeting any 
 person shall conduct himself in a disorderly manner, and, 
 after notice from the moderator shall persist therein, the 
 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. 
 
 (870) § 2380. Sec. 101. Any person who shall refuse to 
 withdraw from such meeting, on being ordered by the modera- 
 tor to do so, as provided in the preceding section, shall, for 
 every such offense, forfeit a sum not exceeding twenty dol- 
 lars. 
 
 Who may 
 vote, chal- 
 lenges. 
 
 QUALIFICATIONS OF VOTERS AND OFFICERS. 
 
 (371) § 2381. Sec. 102. Each inhabitant of any town- 
 ship, having the qualifications of an elector, as specified in 
 the constitution of this state, and no other person, shall have 
 
LAWS RELATING TO ELECTIONS. 123 
 
 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 
 officere. 
 
 Mudge T. Stebbins, 50/165; Mentou v. Cook, 147/540. 
 
 (372) § 2382. Sec. 103. No person except a citizen of who eligible 
 the United Stales and an elector as aforesaid shall be eligible 
 
 to any elective oflice contemplated in this chapter: Provided Proviso, 
 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. 
 
 (373) § 4662. Sec. 17. In all school elections including Qualified 
 school elections held in disti'icts organized and governed in deemed! 
 whole or in part by a local act or acts, any provisions in such 
 
 local act or acts to the contrary notwithstanding, 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 iu said district three 
 mouths next preceding such election, shall be a qualified 
 voter. On the question of voting school taxes, every citizen Taxes. 
 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 : Pro\dded, That the pur- Proviso, 
 chaser of land upon a land contract, who actually pays the contracts. 
 taxes upon such land and resides thereon, may vote upon all 
 questions; and where a husband and wife own property Husband 
 jointly and same is assessed for school taxes in the school ^"'* "''^' 
 district, each may, if otherwise qualified, vote upon all ques- 
 tions including the questiom o£ raising money. 
 
 Am. 1909, Act 83: 1913, Act 140. 
 
 All Act authorizing women to vote in certain cases. 
 [Act 208, P. A. 1909.] 
 
 Tlie People of the State of Michigan enact: 
 
 (374) Section 1. At any election hereafter held in any propositions 
 village, township, city, county or school district at which any wmnenmay 
 question involving the direct expenditure of public money ™'^ 
 or the issue of bonds shall be submitted to a vote of the elec- 
 
STATE OF MICHIGAN. 
 
 tors, every woman, who possesses the qiialificatious of male 
 electors and has property assessed for taxes in any part of 
 Ihe district or territory to be affected by the result of such 
 election, shall be entitled to vote thereon. 
 
 (375) Sec. 2. It shall be the duty of every board of regis- 
 ( ration, upon such days as boards of registration are re- 
 (|uired to te in session, to register the names of all women 
 who will be entitled to vote ui)on any (juestion involving the 
 direct exitenditure of public money or the issue of bonds at 
 any subsequent election. No woman shall be registered un- 
 less she 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 
 jiossesses the qualifications prescribed for an elector in sec- 
 tion one of article three of tlie constitution and has property 
 assessed for taxes : Provided, That any woman who possesses 
 the qualifications of male electors and owns property jointly 
 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- 
 .■^itions as are referred to in this act: Provided further, That 
 in all school elections at which the question of the direct ex- 
 jienditure of public money or the issue of bonds is to be 
 voted upon, women shall be permitted to vote without regis- 
 tration \n the manner now provided in the general school 
 law. 
 
 (370) Sec. 3. It shall be the duty of the various village, 
 township and city clerks to procure and furnish to the vari- 
 ous boards of registration a separate register in which shall 
 be written the names of all women entitled to registration un- 
 der authorit}' of this act. The various boards of registration 
 sliall give notice of the time and place where they will be 
 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. 
 
 (377) Sec. 4. The propositions herein referred to shall 
 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 b;\llots shall be 
 cast, counted and canvassed in the manner provided for by 
 existing law, except where the contrai-y is herein expressed. 
 
LAWS RELATING TO ELECTIONS. 125 
 
 FIRST ELECTIONS IN TOWNSHIPS. 
 
 IKxtract from Act 15G, S. L. 1851.] 
 
 (3TS) 5 2480. Sec. 16. ' Whenever the board of super- pro(ewiiiif;.s 
 visors shall erect a new township in any county, they shall uonof^new"' 
 designate the name thereof, the time and place of holding the boanf'oT ^^ 
 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, ojien and keep the polls, and exercise 
 the same i)owers 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 
 neglecting or refusing to serve. Kotice of the time and place ^o'ice of 
 
 n , .. • 1 1 ii 1 • 1 1 £ ii 1 1 fixing town- 
 
 of such meeting, signed by the chairman or clerk ot tiie board ship meeting. 
 of supei'visors, 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 
 holding the same. Thcv shall also fix the iilace fnr holding Place of hoid- 
 
 ,, „ ' , , . , .' • ., J . e I • t ifiR first town- 
 
 tlie tirst townshiji meetings in the town or towns rrom which ship meeting. 
 such new township shall be taken, which shall also be stated 
 ill the notice i)osted 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 jH'ace, in any sucli 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. 
 
 Atfy Gen. v. SLirr, 55/445. 
 
126 
 
 STATE OF MICHIGAN. 
 
 CHAPTER VII r.— OFFENSES AGAINST ELECTION 
 
 LAWS. 
 
 PENALTIES. 
 
 [R. S. 1846, Chap. 19.] 
 
 Punishment of (379) g 11437. SECTION 1. If any officer on whom any 
 
 wilful neEiect duty is enjoined by law relative to general, special, township 
 
 officers for 
 
 ct 
 
 of duty. 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 flue 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, 103 / 109. 
 
 Punishment 
 for bribing an 
 elector, etc. 
 
 Punishment 
 for illegal 
 voting. 
 
 Penalty for 
 counseling, 
 etc., any 
 person not 
 qualified to 
 vote. 
 
 (380) § 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 iu giving 
 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. 
 
 (381) § 11439. Sec. 3. Every person not a qualified 
 voter, who shall, at any election, wilfully give in a vote for 
 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'eleetion, 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. 
 
 Criminal intent is a necessary element of the offense defined by this section ; 
 good faith being a defense to such prosecution. — People v. Osborn, 170 / 143. 
 
 (382) § 11440. Sec. 4. Every person who shall procure,- 
 aid or counsel any person not duly qualified to vote at the 
 jilace where the vote is given or effered, to give or oft'er his 
 vote at any such election, and every person who shall pro- 
 cure, aid, or counsel any person to go or come into any town- 
 
LAWS RELATING TO ELECTIONS. 127 
 
 ship or ward for the purpose of voting therein, at any elec- 
 tion, knowing that such person is not duly qualified to vote 
 in such township or ward, shall be deemed guilty of a mis- 
 demeanor, and on conviction thereof, shall be punished in the 
 manner pi-escribod in the third section of this chapter. 
 
 McDade v. People, 20/55. 
 
 (383) § 11441. Sec. 5. Any person not duly authorized P'J"p'|'™fn'' 
 by law, who shall, during the progress of any election in this violations. 
 state, or after the closing of the polls, and before the ballots 
 
 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. 
 
 (384) § 11442. Sec. G. It shall be the duty of every in- ^uty^ot^^^ 
 spector of elections, sheriff, constable, and justice of the 
 peace, knowing, or having reason to believe that an offense 
 punishable under the provisions of this chaptei", has been com- 
 mitted, to cause the offender forthwith to be arrested, and to 
 
 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. 
 
 (385) ? 11443. Sec. 7. It shall be the duty of all courts courts to 
 in this state, having cognizance of such offenses, at each term jury. 
 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. 
 
 BETTING UPON ELECTIONS. 
 
 An Act to preserve the purity of elections. 
 [Act 172, S. L. 1861.] 
 
 TJie People of the State of Michigan enact: 
 (386) § 11444. Section 1. That any person who shall. Penalty for 
 
 .,; J. ",, • J. ii . i "^ 1 T betting on 
 
 either directly or indirectly, bet, wager, or hazard any money, election, 
 or other property, upon the result of the election of any ofB- 
 cer of this state, or of the United States, shall, on conviction 
 
128 
 
 STATE OP MICHIGAN. 
 
 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 
 Proviso. or hazarded : Proxided, That in no case shall such fine be 
 
 less than five, nor more llinn live hundred dollars. 
 
 Buckley V. Saxe, 10 / 328. 
 
 Selling pools 
 on election, 
 etc., pro- 
 hibited. 
 
 Penalty for 
 
 wagering 
 
 money. 
 
 Penalty for 
 wagering 
 money, etc. 
 
 BETTING UPON NOMINATIONS. 
 
 An Act to prevent betting upon the result of any political nomina- 
 tion, appointment, or election. 
 
 [Act 175, P. A. 18T7.1 
 
 The People of the State of Michigan enact: 
 
 (387) § 11445. Section 1. That any person Avho 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 tlie result of any political nomination, ap- 
 pointment, or election, and any person who shall record or 
 register bets or wagers or sell pools on sncli result, or any 
 person who shall wager any property, money, or thing ex- 
 ceeding one hundred dollars in value on such result, or shall 
 keep or employ any device or apparatus for the purpose of 
 registering or recording bets or wagers, or the selling of such 
 pools, sliall 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. 
 
 (38S'| § 1144C. Sec. 2. Any person who shall wager any 
 jtroperty, 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. P. A. 1877.] 
 
 The People of the State of Michigan enact: 
 
 Persons (389) § 11447. SECTION 1. That the following persons 
 
 ofbJmerT'"'' shall be gi'iilty of bribery, and shall be punished accordingly: 
 
 First, Every person who shall, directly or indirectly, by 
 
LAWS RELATING TO ELECTIONS. 129 
 
 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 
 ]ierson in order to induce anj' voter to xoia or refrain from 
 voting, or shall corruptly do any such act as afoi'esaid, 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 who shall, directly or indirectly, by The offer or 
 himself or by any other person on his behalf give or pro- offlceret?.' 
 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 ofiSce, 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 xheempiov- 
 himself or by any other person on his behalf, make any gift, to^V^p" '^" 
 loan, offer, promise, procurement, or agreement, as aforesaid, voters. 
 to or for any person, in order to induce such person to pro- 
 cure or endeavor to procure the election of any person to 
 any public office in this state, or the vote of any voter at any 
 such election ; 
 
 Fourth, Every person who shall upon, or in consequence of who shall re- 
 any such gift, loan, offer, promise, procurement, or agree- ^'"^'^^' ''*'"' 
 ment, procure or engage, promi.se or endeavor to procure the 
 election of any pei*son or persons to any public office or offices 
 in this state, or the A"ote of any voter at any such election ; 
 
 Fifth, Every person who shall advance, or pay, or cause to who .shall ad- 
 he paid any money to, or to the use of, any other person, LTbdhlJ^y o^ 
 with the intent that such money or any part thereof shall be » ™ter. 
 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, wholly or in part, ex- 
 pended in bribery at any such election. 
 
 (SOO) § 11448. Skc. 2. Any person offending, according penalty for 
 to the pro\isions of the preceding .section, shall be deemed cemnK"lc'^'^^" 
 guiltv of a misdemeanor, and on conviction thereof shall be ''""s- 
 punished by a fine of two hundred dollars; but the bona fide 
 payment by any candidate for office or other person for the 
 fair and reasonable cost of printing tickets and .slips or past- Legitimate 
 crs, and of advertising in the newspapers or by posters any p^s^" *"' 
 political meeting, and the reasonable and bona fide expenses 
 of holding such meetings and procuring speakers, and getting 
 out tlie people to the same, of obtaining and distributing 
 papers and tickets and of bringing voters out to the polls; 
 shall be licld to be expenses lawfully incurred, and the pay- 
 ment thereof shall not be a contravention of this act. 
 17 
 
130 
 
 STATE OF MICHIGAN. 
 
 Others 
 
 deemed guilty 
 of bribery. 
 
 Person wlio 
 offers to vote 
 or refrain from 
 voting for 
 money, etc. 
 
 Person who 
 after election 
 receives 
 money, etc. 
 
 When candi- 
 dates shall 
 not provide 
 refreshments. 
 
 Penalty. 
 
 ■When others 
 shall not pro- 
 vide refresh- 
 ments. 
 
 Intimidation 
 of voter. 
 
 Penalty. 
 
 (391) § 11449. Sec. 3. The followiug persons shall also 
 be deemed guilty of bribei'^- 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, oflice, 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 pereon having voted or refrained from voting, or having 
 induced any other person to vote or to refrain from voting 
 for anv person, candidate, or ticket at any such election. 
 
 (392) § 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 
 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 fi-om giv- 
 ing his vote at such election ; and every person so offending 
 shall be deemed guilty of corrupt practice, and on conviction 
 thereof shall be fined not less than twenty-five or more than 
 two hundred dollars. 
 
 (393) § 11451. Sec. 5. The giving or causing to be 
 given to any voter on any election day. on account of such 
 voter being about to vote, or having voted, any meat, drink, or 
 refreshment, or any money or ticket to enable such voter to 
 procure refreshment, shall be deemed a corriipt practice, and 
 persons convicted thereof shall be punished as provided in 
 the preceding section. 
 
 (394) § 11452. Sec. 6. Any person who shall directly or 
 indirectly discharge or threaten to discharge any person who 
 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 
 act. 
 
LAWS RELATING TO ELECTIONS. 131 
 
 (395) § 11453. Sec. 7. If any candidate for any public Election of 
 office at any election in this state shall commit bribery, or commus*' 
 any corriii)t practice, as defined in Ihis act. (he election of tr't""? voifi. 
 such candidate, it he lias been elected, shall be void, and if 
 
 he shall enter into the office for which he was elected, an in- 
 formation in the natnj'e of a qno warranto to onst him from 
 such office, may be filed in the sujireme court, or the jjroper 
 circuit court, under chapter two hundred and twenty-five of 
 the coni])iled 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 Ch.ap. 275, C. L. 1S97. 
 
 (396) § 11454. Sec. 8. Anv person who shall, directlv Attempt to 
 
 .,. , , ,. ,„ ," , ,.,' corrupt vote 
 
 or indirectly, by himself, or by any other person on his be- of legislator 
 half, offer or promise any office, place or employment under senator^ 
 the government of the United States, or promise to procure, 
 or to endeavor to procure any such office, place oT employ- 
 ment, to or for any member of the legislature, or to or for any 
 other person, in order to induce such member of the legisla- 
 ture 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 
 tlie legislature having voted or refrained from voting as afore- 
 said, shall be deemed guilty of a felony, and on conviction Penalty, 
 thereof shall be punished by imprisonment in the state prison 
 for a period not exceeding five years, or by a fine net exceed- 
 ing one thousand dollars. 
 
 (397) § 11455. Sec 9. It shall be unlawful for any per- spirituous 
 son to sell, barter, or give away any spirituous, vinous or oU^'iectlon "'' 
 malt liquors, on the day of atfy election held within this state, f,gj;- '^™^'''" 
 under the constitution or laws thereof; and it shall be the 
 
 duty of all mayors of cities, iircsidents of villages, and super- 
 visors of townships, within ?5ve days previous to the days of 
 election as aforesaid, to issue a jiroclamation, warning the in- 
 habitants of the provisions of this act, and tliat 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 tlie provisions 
 of this act, and to report forthwith all violations of .this act, 
 to the prosecuting attorney and mayor, jiresident or super- 
 visors aforesaid, and whose duty it shall be to immediately 
 prosecute such violations of this act. Any person wlio shall Penait.v or 
 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 imjirisoned in 
 the coun-ty jail not less than ten days, nor more than ninety 
 days, or both such fine and imprisonment, in tha discretion 
 of the court. 
 
132 
 
 STATE OF MICHIGAN. 
 
 uniawfuito (398) § 11406. Sec. 10. It shall be deemed a violation 
 
 Irter'pons of this act and of the preceding section to sell, barter, or 
 '^'°°®- liWe away spiritnons, vinons or malt liquors on any election 
 
 day after the hour at which, by hnv, the jiolls arc closed. 
 
 PROTECTION OF PRIMARIES AND CONVENTIONS. 
 
 An Act to protect primary elections and conventions of political 
 parties and to punish offenses committed thereat. 
 
 [Act 303, p. A. 18S7.] 
 
 Certain 
 actions a mis- 
 demeanor. 
 
 Oatli of in- 
 spector-g, etc., 
 who to ad- 
 minister. 
 
 Challenge ol 
 voters. 
 
 Who to ad- 
 minister oath. 
 
 When vote to 
 be received . 
 
 Penalty for 
 lalae swear- 
 ns- 
 
 The People of the State of Michigan enact: 
 
 (399) § 114.57. 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 wrong, tending to defeat or affect the 
 result of the election, he shall be deemed guilty of a misde- 
 meanor. 
 
 (400) §114.58. Sec. 2. The presiding officer and inspect- 
 ors at any such election shall, before entering upon their 
 duties, severally sign and swear to an oath in the form now 
 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 
 wiiich said election is held, or any notary public, or any other 
 lierson qualified under the state to administer an oath. The 
 vote or ballot of any ])erson offered at such election shall, 
 upon challenge by any lawful voter thereat, be rejected, un- 
 less he be sworn as to his qualifications as such voter; and 
 the presiding officer or any inspector of such primary is here- 
 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 
 voter, as prescribed by the regulations of the association or 
 political organization holding the primary or convention, his 
 vote shall be received. If the person so .sworn and examined 
 shall intentionally swear falsely as to his qualifications as a 
 voter he shall be deemed guilty of perjury, and shall on con- 
 
LAWS RELATING TO ELECTIONS. 133 
 
 viction, be punished as now prescribed by law for the crime 
 of perjury. 
 
 Am. 1R99, Act 198. 
 
 (401) ? 11459. Sec. 3. If any person acting as in- Certain acts 
 
 , . .■ J 1 ■ 1 i- «i «ii of inspectors, 
 
 spector, teller or canyasser at any such primary election shall etc., amis- 
 knowingly receiye the yote of any iiidiyidnal \vho shall have demeanor. 
 been chailenoed, or \vlio 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. 
 
 .\fter several ineffectual attempts to elect a temporary chairman of a nom- 
 inating convention, a lil^e number of votes Ijeing cast for eacli of the opposing 
 candidates, the vote of one ot tlie delegates was challenged on the ground 
 that the vote in the caucus at which he claimed to have heen elected was a 
 tie, and that thereupon the matter was determined between the contesting 
 candidates as follows ; A bystander drew from his poclcet 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 eredentials, who reported that the sitting dele- 
 g,-ite 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. 
 
 (402) § 114G0. Sec. 4. If any person elected a delegate certain acts 
 at any such primary or convention shall accept or receive misdemeanor. 
 any money or valuable thing as a consideration for his vote 
 
 as such delegate he shall be [deemed] guilty of a misde- 
 meanoi'. 
 
 (403) § 11401. Sec. 5. The words "primary election," "Primary 
 as used in this act, shall be construed so as to embrace all how'""' ' 
 elections held by any political party, convention, organization construed. 
 or associalion, or delegates therefrom, for the purpose of 
 choosing candidates for ofiice or the election of delegates to 
 
 other convciUions, or for the purpose of electing officers of any 
 political party, organization, convention or association. 
 
 (404) S 114G2. Sec. C. No person shall be entitled to who may 
 vote at any ])riinary election unless of the age of twenty-one ^'''''' 
 years and a duly qualified elector of the state. 
 
 (405) § 114(53. Sec. 7. The punishment of any of the of- Punishment 
 fenses in this act declared to be misdemeanors shall be a fine 
 
 nt)t exceeding one thousand dollars, or imiirisonment not ex- 
 ceeding one year, or both such fine and imprisonment, in the 
 discretion of the court. 
 
 (400) § 114(!4. Sec. 8. No primary election shall be Primary eiec- 
 held in a saloon, barroom, or in any place adjacent to a room heidln'safoon, 
 or place where intoxicating liquors are sold. Polling places •^"' 
 at primary elections may be so arranged that the ballots may 
 
134 
 
 STATE OP MICHIGAN. 
 
 Caucuses, 
 time. 
 
 Notice of. 
 
 be received through an open window, but where the polling 
 or ballot box is inside the room shall be sufiflciently large to 
 admit a rea.sonable number of persons in addition to the in- 
 sjiectors, clerks and challengers. 
 
 (407) § 114C5. Sec. 9. Primary elections known as cau- 
 cuses for the nomination of candidates for local ofiSces 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 jjosting 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 
 1he hours during which primary elections shall be held, and 
 tlie manner of voting thereat, shall be applicable only in cities 
 having twenty-flve thousand inhabitants and over, as by the 
 last preceding federal or state census. 
 
 Proviso. 
 
 PURITY OF CONVENTIONS. 
 
 An Act to provide for the purity of political conventions and to pro- 
 vide against corruption therein. 
 
 [Act 203, p. A. 1895.] 
 
 Delegates to 
 state political 
 conventioQ, 
 etc., not to 
 give a proxy. 
 
 Vacancies in 
 delegation, 
 how filled. 
 
 Proviso, 
 .llling dele- 
 gations. 
 
 The People of the State of Michigan enact: 
 
 (408) § 11466. Section 1. That no delegate elected to 
 any city, county, congressional or state political convention 
 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 occurring in any delegation to any such convention 
 .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, 
 That in a city or county convention the delegation shall not 
 be permitted to till 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 i>erson 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. 
 
LAWS RELATING TO ELECTIONS. 135 
 
 (409) § 114G7. Sec. 2. Any delegate or member of any soliciting or 
 such convention who shall solicit any candidate for nomina- ^™d,''etc^.'i).v 
 tion before such convention, for money, reward, position, JJ^"^^^[j°j, .^ 
 place or preferment for his support in such convention, or niisdemeano"i. 
 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. 
 
 (410) § 114GS. Sec. 3. Any candidate or person who otiier misde- 
 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. 
 
 (411) § 11469. Sec. 4. Any person found guilty of any Penalty for 
 offense defined in this act as a misdemeanor shall, upon con- ^"''''"°"- 
 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 
 discretion of the court having jurisdiction thereof. 
 
 LIMITATION OF NOMINATION AND ELECTION EXPENSES. 
 
 An Act to regulate and limit nomination and election expenses; to 
 define and prevent corrupt and illegal practices in nominations 
 and elections; to secure and protect the purity of the ballot, and 
 to require accounts oi; nomination and election expenses to be filed, 
 and providing penalties for the violation of this act. 
 
 [Act 109, P. A. 1013.] 
 
 Tlie People of the State of Michigan enact: 
 
 (412) Section 1. No sums of money shall be paid, and no ex- Election, etc.. 
 pcuscs authorized or incurred by or on behalf of any candi- cand^jates! 
 date to be paid by him in order to secure or aid in securing i'™i'- 
 his nomination to any public office or position in this state, 
 in excess of twenty-five per cent of one year's compensation 
 or salary of the office for which he is candidate: Trovided, Proviso. 
 That a sum not exceeding fifty per cent of one year's salary fiemenant*'"' 
 may be expended by the candidates for governor and lieu- governor. 
 tenant governor; or where the office is that of member of 
 either branch of the legislature of the state, the twenty-five 
 per cent shall be computed on the salary fixed for the term 
 of two years : Provided further, That no candidate shall be Further 
 restricted to less than one hundred dollars in his campaign p™visn. 
 
136 
 
 STATE OP MICHIGAN. 
 
 Proviso. 
 
 Treasurer, ap- 
 pointment, 
 duty, etc. 
 
 Expenditures, 
 what deemed 
 lawful. 
 
 for such nomination. No sums of money shall be paid and 
 no expense authorized or incurred by or on behalf of any 
 candidate who lias received the nomination to any public 
 office or position in this state, in excess of twenty-five per 
 cent of one year's salary or compensation of the office for 
 which he is nominated; or where the office is that of member 
 of either branch of the legislature of the state, the twenty- 
 five per cent shall be computed on the salary fixed for the 
 term of two years: Provided, That no candidate shall be 
 restricted to less than one hundred dollars. No sum of money 
 ■shall be paid and no expenses authorized or incuri-ed by or 
 on behalf of any candidate contrary to the provisions of this 
 act. 
 
 (413) Sec. 2. Every political committee shall appoint a treas- 
 urer who shall receive, keep and disburse all sums of money 
 which may be collected or received by such committee or by 
 any of its members for election expenses ; and unless such 
 treasurer is first appointed it shall be unlawful for a political 
 committee or any of its members to collect, receive or dis- 
 burse money for any such purpose. 
 
 (414) Sec. 3. iSo candidate and no treasurer of any po- 
 litical committee shall pay, give or lend, or agree to pay, 
 give or lend, either directly or indirectly, any money or other 
 valuable thing for any nomination or election expenses what- 
 ever, except for the following purposes: 
 
 First, For traveling expenses and personal expenses inci- 
 dent thereto, for printing, stationery, advertising, postage, 
 expressage, freight, telegraph, telephone and public messenger 
 services ; 
 
 Second, For dissemination of printed information to the 
 public ; 
 
 Third, For political meetings, demonstrations and conven- 
 tions; 
 
 Fourth, For the rent, maintenance and furnishing of of- 
 fices; 
 
 Fifth, For the payment of clerks, typewriters, stenograph- 
 ers, janitors, and messengers actually employed; 
 
 Sixth, For the employment of challengers at primaries and 
 elections, to the number allowed by law as such ; 
 
 Seventh, For the payment of public speakers and musicians 
 at public meetings, and their necessary traveling expenses; 
 
 Eighth, For copying and classifying of election registers 
 or poll lists and investigating the right to vote of the pei'sons 
 listed or registered therein, and conducting proceedings to 
 purge the registers and lists, and prevent improper or unlaw- 
 Inl registration or voting; 
 
 Ninth, For making canvas.ses of voters ; 
 
 Tenth, For conveying infirm or disabled voters to and from 
 the polls; 
 
 Eleventh, For employing as counsel, attorneys licensed to 
 
LAWS RELATING TO ELECTIONS. 137 
 
 practice in accordance with the laws of the state, and for 
 the necessary expenses of such counsel. 
 
 None of the provisions of this act shall be construed as 
 relating to the renderinj^ of services by speakers, writers, 
 publishers, or others, for which no compensation is asked or 
 given. 
 
 (41.5) Sec. 4. Every candidate and every treasurer of a canriiiiate and 
 political committee shall, within ten days after any primary me^account, 
 election, caucus or convention and again within twenty days ^*'^- 
 after any general election, whether state, county, city, 
 municipal, township or district election, in or concerning 
 which he shall have received or disbursed any money, prepare 
 and file in the office of the county clerk of the county in which 
 such candidate or treasurer resides, a full, true and detailed 
 account and statement subscribed and sworn to by him 
 before an officer authorized to administer oaths, setting forth 
 each and every sum of money received or disbursed by him 
 for nomination or election expenses, the date of each receipt, 
 the name of the person from whom received or to whom paid, 
 and the person to whom and object or purpose for which dis- 
 bursed. Such statements shall also set forth the unpaid wiiat to set 
 debts and obligations, if any, of such candidate or committee, 
 incurred for the purposes set forth in section three of this 
 act, with tlie nature and amount of each, and to whom owing, 
 in detail, and if there are no such unpaid debts or obliga- 
 tions of such candidate or committee, such statement shall 
 state such fact. 
 
 (416) Sec. 5. It shall be unlawful to administer the oath Account lued 
 of office or to issue a commission or certificate of nomination ad minis tiered, 
 or election to any person nominated or elected to any public ^"^' 
 office until he has filed an accoimt as required by this act, 
 
 which account sliall upon its face be complete and show a 
 lawful compliance with this act, and no such person shall 
 enter upon the duties of his office until he has filed such ac- 
 count, nor shall he receive any salary or fees for any period 
 prior to the filing of the same. 
 
 (417) Sec. fi. All such accounts sliall be open to public Open to public 
 inspection in tlie olfices where they are filed and shall be care- '"^p'^^"""- 
 fully preserved there for a period of one year, and it shall be 
 
 the duty of the officers having custody of the same to give 
 certified copies in like manner as of other jmblic records. 
 
 (41S) Sec. 7. The several officers with whom statements statements, 
 are required to be filed shall inspect all statements of ac- y;^P<=<'"""' 
 counts and expenses relating to nominations and elections 
 filed with them within ten days after the same are filed; and 
 if upon examination of the official ballot it appears that any 
 person has failed to file a statement as required by law, or if 
 it appears to any sucli officer that the statement filed with 
 him does not conform to law, or upon complaint in writing 
 by a candidate or bv a voter that a statement filed does not 
 
138 
 
 STATE OF MICHIGAN. 
 
 Failure to flle, 
 etc. 
 
 Witness, wlien 
 not excused. 
 
 couform to law or to the truth, or that any per.son has failed 
 to file a statement which he is by law required to flle, said 
 officer shall forthwith in writing notify the delinquent per- 
 son to comi>ly with this act. 
 
 (419) Sec. 8. Upon the failure of any person to file a 
 statement within ten days after receiving such notice, or if 
 any statement filed discloses any violation of any provision 
 of this act, the county clerk shall forthwith notify the prose- 
 cuting attorney of the county where said violation occurred, 
 and shall furnish him with copies of all papers relating 
 thereto, and said prosecuting attorney shall on such com- 
 plaint or the complaint of any other person, forthwith enter 
 the same in a docket kept for that purpose in his ofiice, and 
 Avithin twenty days thereafter examine every such case, and 
 if the evidence seems to him to be suflScient under the pro- 
 visions of this act he shall, in the name of the people of the 
 state, forthwitli institute such civil or criminal proceedings 
 as may be appropriate to the facts. 
 
 (420) 8ec. f). No person otherwise competent as a wit- 
 ness shall be excused from answering any question, in any 
 proceedings under this act, on the ground that such answer 
 would tend to incriminate him; but no prosecution can after- 
 wards be had against such witness for any such offense con- 
 cerning which he testified for the prosecution except in an 
 action for perjury in giving such testimony. 
 
 (421) Sec. 10. The secretai-y of state shall, at the expense 
 (if the [the] state, furnish to the proper county, city, village 
 or town clerks blanks in a form approved by the attorney 
 general, suitable for the statements hereinbefore required. 
 
 (422) Sec. 11. No person who is not a candidate, or the 
 treasurer of a political committee, shall pay, give or lend, or 
 agree to pay, give or lend, any money whether contributed 
 by himself or by any other i^erson, for any election expenses 
 whatever, except to a candidate or to a political committee. 
 
 (42.3) Sec. 12. No person shall make a payment of his 
 own money or of another person's money to any person in 
 connection with a nomination or election in any other name 
 than that of the person who in truth supplies such money ; 
 nor shall any person knowingly receive such payment or 
 enter or cause the same to be entered in his accounts or 
 records in another name than that of the person by whom it 
 was actually furnished. 
 
 (424) Sec. 13. It shall be unlawful for any candidate, or 
 treasurer of a political committee, or person acting as such 
 treasurer, to disburse money received from any anonymous 
 source. 
 
 (425) Sec. 14. No officer, director, stockholder, attorney, 
 agent or any other person, acting for any corporation or joint 
 stock company, whether incorporated under the laws of this 
 or any other state or any foreign country, except corpora- 
 
 niauk^, by 
 whom fur- 
 nish*^d. 
 
 C^ontrib'itioris, 
 to whom pay- 
 able. 
 
 Money 
 credited to 
 person fur- 
 nishing. 
 
 Anonymous 
 contributions. 
 
 Officer, etc., of 
 corporation, 
 not to con- 
 tribute. 
 
LAWS RELATING TO ELECTIONS. 139 
 
 lions formed for i)olitical purposes, shall pay, yivo or leud, 
 or aulliorizo 1o be paid, given or lent, any money belonging 
 to such corporation to any candidate or to any political com- 
 mittee, for the payment of any election expenses whatever. 
 
 (42G) Sec. 15. It shall be unlawful for any employer, unlawful to 
 
 , ,^ ,. .J. ^ " •„ threaten, etc., 
 
 either corporation, association, company, firm or person, in employes. 
 paying the salary or wages of any of its, their or his em- 
 ployes, to enclose their pay in pay envelopes, upon which 
 there is written or printed any political notice, device or 
 argument, containing any threat, expressed or implied, in- 
 tended or calculated to influence the political opinion, views 
 or actions of such employes so paid. Nor shall it be lawful 
 for any employer, either corporation, association, company, 
 firm or person, within ninety days of any election or primary 
 election provided by law, to put up or otherwise exhibit in 
 its, their, or his factory, workshop, mine, mill, boarding 
 house, office or other establishment or place where its, their 
 or his employes may be working or be present in the course 
 of such employment, any hand bill, notice or placard con- 
 taining any threat, notice or information that in case any 
 particular ticket or candidate shall be nominated or elected, 
 work in its, their or his place or establishment will cease, 
 in whole or in part, or its, their or his establishment will 
 be closed, or the wages of its, their or his workmen shall be 
 reduced ; or any other threats, expressed or implied, intended 
 or calculated to influence the political opinion or act of its, 
 their or his employes. 
 
 (427) Sec. 16. No ])ublisher of a newspaper or other Newspaper ad- 
 
 vcrtisPiiiGnls 
 
 periodical shall insert, either in its advertising or reading to be marked 
 columns, any paid matter which is designed or tends to aid, p""'- 
 injure or defeat any candidate or political party or organiza- 
 tion, or measure before the people, unless it is stated therein 
 that it is a paid advertisement. No person shall pay the 
 owner, editor, publisher or agent of any newspaper or other 
 periodical to induce him to editorially advocate or oppose 
 any candidate for nomination or election, and no such owner, 
 editor, publisher or agent shall accept such payment. 
 
 (428) Sec. 17. If anv letter, circular, poster, bill, publi- False state- 
 
 • "^ * mGnt etc 
 
 cation or placard shall contain any false statement or charges 
 reflecting on any candidate's character, morality or integrity, 
 the author thereof and every person knowingly assisting in 
 the circulation thereof shall, upon conviction thereof, be 
 subject to the penalties provided for the violation of this act: 
 Provided, That this sliall in no wise deprive the injured party Proviso, 
 of anv other action for libel given by law. 
 
 (429) Sec. IS. Any i)erson who shall incur any illegal Penalty fur 
 election expenses, or otherwise violate any of the i)rovisions ^'°'''""' 
 of this act, shall ujjou conviction thereof be jtunished by a 
 
 fine of not more than one thousand dollars, or by imprison- 
 ment for not more than two years, either or both, at the 
 discretion of the court. 
 
140 
 
 STATE OF MICHIGAN. 
 
 Terms defined. 
 
 Proviso. 
 
 Unlawful to 
 demand, etc., 
 contribution, 
 etc. 
 
 (430) Sec. 19. Terms used in this act shall be used as 
 follows, unless other meaning is clearlj apparent from the 
 language or context, or unless such construction is inconsist- 
 ent with the manifest intent of the law : 
 
 "Candidate" shall apply to any person whose name is 
 printed on an official ballot for public office, or whose name 
 has been presented for public office, with his consent, for nom- 
 ination or election ; 
 
 "Political committee" or "committee" shall apply to every 
 combination of two or more persons who shall aid or pro- 
 mote the success or defeat of a candidate, or a political party 
 or principle or measure; 
 
 "Public office" shall apply to any national, state, county 
 or city ward, village or town office which is filled by the 
 voters of this state, as well as to the office of presidential 
 elector and United States senator; 
 
 "Town" shall apply to incorpoi-ated towns as well as to 
 townships. 
 
 (431) Sec. 20. All acts and parts of acts inconsistent 
 with the provisions of this act are hereby repealed: Pfovid- 
 ed, That the repeal of such acts or parts of acts, or any of 
 them, shall not be construed to affect any offense committed, 
 or any prosecution or i)roceeding instituted or pending under 
 the laws so repealed. 
 
 (432) Sec. 21. No person or organization shall ask, de- 
 maud or request of or from any candidate for any public 
 office subsequent to any public announcement of the candi- 
 dacy for any nomination for such office, any donation, gift or 
 contribution, purchase of tickets, or similar demands. This 
 section shall be held to extend to include religious, charitable, 
 or social organizations or any person working in their be- 
 half. 
 
 DISTURBANCES. 
 
 Exciting dis- 
 turbances, 
 unlawful. 
 
 Penalty. 
 
 [Extract from R. S. 1846, Chap. 158.] 
 
 (433) § 11709. Sec. 20. If any person shall make or ex- 
 cite any disturbance or contention in any tavern, store or 
 grocer^-, 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 prose- 
 cution, 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. 
 
LAWS RELATING TO ELECTIONS. 141 
 
 CLOSING OF SALOONS. 
 
 [Extract from Act 313, r. A. 1SS7.] 
 
 (434) § 5395. Sec. 17. All saloons, restaurants, bars in saloons, rios- 
 taverns or elsewhere, and all other places, except drug '"^ °'' **''■ 
 stores, where an}- 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 Sun- 
 day, on all general or any regular city, township or village 
 election days, on 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 Time. 
 of the polls, and until seven o'clock of the following nioraing, 
 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 ihe ])rovisions of this section, and 
 to report forthwith all such violations to the prosecuting 
 attorney, whose duty it shall l>e to immediately prosecute for 
 such violations. The word "closed" in this section shall be "Closed." 
 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 Proviso, 
 and townships of not less than one thousand population, ex- 
 clusive of villages where there is police protection, the com- 
 mon council, or board of trustees, or council, or township 
 board, may by ordinance 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 afteraoon and no longer of any week day night, except 
 on general or any regular city, township or village election 
 days. Decoration day. Thanksgiving day, Labor day, Christ- 
 mas day. New Year's day, Tourtli of July, and on general or 
 local primary election days until after the close of the polls: 
 Provided, That in cities of forty thousand population and proviiio, may 
 over, the council may by ordinance extend the closing hour *''"'"'""""'■ 
 to twelve o'clock midnight. Any person found in the act of violations, 
 violating any of the provisions of this section shall be deemed 
 guilty of a breach of the peace and pHuished accordingly; 
 and the arrest therefor 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. 190{>, Act 291 ; 1911, Act 170. 
 
 SHALL BE CLOSED : The meanlnp; 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. 
 
142 
 
 STATE OP MICHIGAN. 
 
 — 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, B2 / 56S ; 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 got 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 candidates for local 
 offices on a fixed day, it is a violation of this section to keep saloons open 
 on such day. — People v. Doyle, 100 / 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 holidays in any place of resort for refreshments. — People 
 V. Hobson, 48/27. The object is not merely to punish the sale, but to 
 remove the danger that advantage might be taken of the saloon's being open 
 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- 
 cess as for a breach of the peace, is unconstitutional. — Robison v. Miner, 
 68 / 549 ; People v. Rohrer, 111 / 31. 
 
 CHAPTER IX.— COUNTY OFFICERS. 
 ELECTION AND QUALIFICATION. 
 
 COUNTY TREASURER. 
 
 County treas- (435) § 2534. Sec. 35. The county treasurer shall be 
 
 for two vears- elected at the general election for the term of two years, and 
 
 to give "bond! shall 1)6 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 disscharge of the duties of 
 
 his ofiQce as hereinafter directed. 
 
 Rice V. Shay, 41/380. 
 
 (436) § 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. 
 
 OfiBce, how 
 ■supplied in 
 case of vacan- 
 cy, etc. 
 
LAWS RELATING TO ELECTIONS. 143 
 
 (437) § 2538. Sec. 39. No person holding the office of who not to 
 prosecuting attorney, judge of a county court, county clerk, ''« ''■•^'^^u'''^''- 
 supervisor, or sheriff, shall hold the office of county treas- 
 urer. 
 
 JUDGE OF PROBATE. 
 
 (438) § 2549. Sec. 51. The judge of probate for each J;|rf^|^of 
 organized county shall be elected at the general election for eiection'of. 
 the term of four years and shall have possession of the seal, 
 records, books, files and papers belonging to the court of 
 probate, and shall keep a record of all orders, decrees and 
 
 other official acts made or done by him, which records may 
 be inspected by all persons interested without charge. In Additional 
 counties having two hundred fifty thousand inhabitants '" ^'^^' 
 there shall be two judges of probate and in counties having 
 five hundred thousand inhabitants there shall be three judges 
 of probate who shall be elected as hereinafter provided. 
 They shall have equal powers, duties and compensation, ex- Powers, etc. 
 cept that the power of appointment, nomination and removal 
 of the several employes provided by law for such court and 
 (he offices connected therewith, and the general direction 
 and control of the business of such court, including the di- 
 vision of the work between the judges, shall be vested in the 
 judge having served for the longest period continuously. 
 Whenever the United States census shall show that any vacancy, 
 county has two hundred fifty thousand inhabitants and it has how'fufed?*^' 
 but one judge of probate, the additional office first herein ®"'- 
 [irovided for shall be deemed to be created and vacant and 
 whenever the United States census shall show that any 
 county has five hundred thousand inhabitants the additional 
 office next herein provided for shall be deemed to be created 
 and vacant, which vacancy or vacancies shall be filled by 
 appointment of the governor and the person so appointed 
 .shall hold office until his successor is elected and qualified. 
 At the next general election a successor to such officer shall 
 be elected who shall hold office until his successor shall be 
 elected at the next alternate biennial election provided for 
 in section fourteen of article seven of the constitution, and 
 shall have qualified. 
 
 Am. 1909, Act 43 ; 1013, Act 86. 
 
 Election to fill vacancy in ofBce of. — Secord v. Foutcli, 44/89; People v. 
 Palmer, 01 / 283. 
 
 Probate judges are in no sense county officers. — Douvielle v. Manistee Super- 
 visors, 40 / 585. 
 
 COUNTY CLERKS. 
 
 (439) § 2570. Sec. 61. The county clerk in each organ- Election, term 
 ized county shall be elected at the general election, for the bond.*^^' *"' 
 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. 
 
144 
 
 STATE OF MICHIGAN. 
 
 Clerk to trans- 
 mit list of jus- 
 tices to secre- 
 tary of state. 
 
 Also of town- 
 ship and city 
 clerics and 
 supervisors. 
 
 (440) § 2575. Sec. 66. The clerk of each county shall 
 transmit to the secretary of state annually, within one week 
 after the fourth day of July, a list, certified by him, of all 
 justices of the peace of the county, stating the time of their 
 respective elections and their terms of service, their postofSce 
 addresses, and whether elected to fill a vacancy, and if so, 
 what vacancy; and whenever the county clerk shall receive 
 information of the death, removal, or resignation of any jus- 
 tice of the peace of his county, 'it shall be his duty, forthwith, 
 to notify the secretary of state of such vacancy ; he shall also 
 annually, immediately after receiving from the township and 
 city clerks of his countj' the names and postoffice addresses 
 of the township and city officers, transmit to the secretary of 
 state the names and postoi3Bce addresses of the several town- 
 ship and city clerks and sujiervisors, with the name of the 
 township or city for which they are such clerks and super- 
 visors set opposite their respective names. 
 
 SHERIFFS. 
 
 When sheriff (441) S 2577. Sec. 68. The sheriff of each organized 
 
 elected" term \ / o o 
 
 of office: bond, couuty 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. 
 
 Two coroners 
 to be elected 
 in each 
 county. 
 
 COEONBES. 
 
 (442) § 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 I lie same as that to be given by 
 the sheriff; varying only in the description of the office. 
 
 People V. Cicott, lG/283. 
 
 REGISTER OF DEEDS. 
 
 Election of. 
 
 When judge 
 to appoint 
 person to per- 
 form duties of 
 register. 
 
 (443) § 2610. Sec. 89. The register of deeds for each 
 organized county shall be elected at the general election, for 
 the terra of two years, 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. 
 
 (444) § 2614. Sec. 93. If, during a vacancy in the office 
 of the register of deeds, or his absence or inability to perform 
 the duties of his office, there shall be no deputy register, or if 
 
LAWS RELATING TO ELECTIONS. 146 
 
 (jucli deputy be unable from any cause to perform the said 
 duties, the judge of probate of the county may, by writing 
 under liis hand, appoint some suitable person to perform the 
 duties of register of deeds for the time being, who shall take 
 an oath of ofiBce, and give such bond as the said judge shall 
 direct and approve. 
 
 See section 478. 
 
 COUNTY SURVEYOR. 
 
 (445) § 2617. Sec. 95. The county surveyors for each Election of. 
 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 oflBce. 
 
 FILING OATHS AND BONDS BY COUNTY OFFICERS. 
 
 (446) § 2641. Sec. 118. Each of the officers named in Certain 
 this chapter, except notaries public and prosecuting attor- ?ake*oath, 
 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. 
 
 (447) § 2642. Sec. 119. Each of the said officers of raiqgjO^f^^^^ 
 whom a bond shall be required by law, except the said treas- 
 urer, before entering upon the duties of his office, and within 
 
 I he time limited in the last preceding section for depositing 
 liis oath, shall depo.sit his bond with the said treasurer, who 
 shall tile 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 T. 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. 
 
 (448) § 2645. Sec. 122. Whenever the governor shall ap- Commiaaion of 
 point a prosecuting attorney, the secretary of state shall attorney "to be 
 transmit his commission to the clerk of the county for which transmuted. 
 ?uch prosecuting attorney was appointed, and the county 
 
 clerk, on receiving such commission, shall immediately give cierk to give 
 notice thereof to the person so appointed. 
 19 
 
146 
 
 STATE OF MICHIGAN. 
 
 Person 
 appointed to 
 take oath 
 before clerk. 
 
 Term, when to 
 commence. 
 
 (449) § 2646. Sec. 123. The person so appointed shall, 
 before entering upon the duties of his office, and within 
 twenty days after receiving notice of his appointment, appear 
 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. 
 
 (450) § 2G47. Sec. 124. The regular terms of ofSce of 
 the several county oflicers elected at the general election shall 
 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. 
 
 JUDGE OF COURT OF DOMESTIC RELATIONS. 
 
 [Extract from Act 186, P. A. 1913.] 
 
 Court of 
 domestic 
 relations. 
 
 Election of 
 judge, how, 
 when. 
 
 Vacancy in 
 office ot judge. 
 
 (451) Section 1. There shall be in each, county of this 
 state, which has a population of upwards of two hundred 
 fifty thousand, a court of domestic relations, which shall be a 
 court of record, having one judge whose term of ofiSce shall 
 commence on the first day of September, nineteen hundred 
 thirteen. The office of the judge of the court of domestic 
 relations hereby created, shall be deemed vacant from and 
 after the taking effect of this act, and shall be filled by 
 appointment by the governor of the said state, and such 
 judge shall hold office until the next general election. 
 
 (452) Sec. 2. At the first general election held in said 
 counties, respectively, after this act shall take effect, the 
 qualified electors of each such county shall, in the manner 
 prescribed by law for the election of circuit judges, elect a 
 judge of the court of domestic relations of such county, and 
 his term of office shall continue until the first day of Janu- 
 ary, nineteen hundred eighteen. Thereafter all judges shall 
 be elected every six years at the April election next preced- 
 ing the expiration of the term of the then incumbent. In 
 case of a vacancy in the office of judge of the court of domes- 
 tic relations, the governor shall fill said vacancy, and the 
 incumbent so appointed shall hold office until the next gen- 
 eral election. The provisions of law relative to nomination 
 and election of circuit judges shall in all cases govern the 
 nomination and election of judges of the court of domestic 
 relations. 
 
LAWS RELATING TO ELECTIONS. 147 
 
 CIRCUIT COURT COMMISSIONERS. 
 
 An Act relative to circuit court commissioners, their election, powers, 
 
 and duties. 
 
 [Extract from Act 204, P. A. 1881.] 
 
 The People of the State of Michigan enact: 
 
 (453) § 10C4. Section 1. That there shall be elected at Election, 
 the next general election 1o be Iield in this stale, 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 
 vested with judicial powers not exceeding those of a judge 
 of the circuit court at chambers: Provided, That in each Proviso, 
 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. 
 
 (454) § 1065. Sec. 2. Whenever, in any county, two cir- County can- 
 cuit court commissioners shall have been elected, it shall be rglfateVweh^' 
 the duty of the board of county canvassers to designate which cledTo'offlce" 
 of the persons so elected shall succeed to the office thereto- 
 fore held by each circuit court commissioner : Provided, That Proviso. 
 
 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. 
 
 (455) § 1000. Sec. .3. No person shall be elected a cir- Must be 
 cult court commissioner unless he be at the time an attorney ''"'"'"^y- 
 and counselor at law of the supreme court. 
 
 (456) § 1007. Sec. 4. Every circuit court commissioner, oath of office, 
 before he shall enter uj^on tlie duties of his office, shall take 
 
 and subscribe the oath of office prescribed by the constitution 
 (if tliis sln.te. lK?fore some judge or clerk of a court of record, 
 and cause the same to be filed by him iu the office of the 
 county clerk of his county. 
 
 (457) § 1080. Sec. 17. Each circuit court commissioner. Bond, 
 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 tlie 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. 
 
STATE OF MICHIGAN. 
 
 Lcancy. how (458) § 1090. Sec. 27. Whenever a vacancy shall occur, 
 '^'^ for any cause, in the oflSce 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 aud 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- 
 sioner, 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. 
 
 An Act to repeal all local or special acts providing a salary of one 
 thousand dollars to circuit court commissioners. 
 
 [Act 259, P. A. 1911.] 
 
 The People of the State of Michigan enact: 
 
 ts repealed. (459) SECTION 1. All local or special acts providing a 
 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. 
 
 action of 
 unty com- 
 Issioner of 
 tiools. 
 
 nd 
 
 [Extract from Act 147, P. A. 1891.] 
 
 (460) § 4809. Sec. 2. There shall be elected at the elec- 
 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 
 le oath and successor shall be elected and qualified. The county commis- 
 sioner of schools elected under fhe provisions of this section 
 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 1o the superintendent of public 
 instruction in all respects as provided in section one of this 
 act: Provided, That in the county of Chippewa the commis- 
 sioner of schools heretofore elected on the first Monday in 
 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 
 
 oviso as to 
 ilppewa 
 
 unty. 
 
LAWS RELATING TO ELECTIONS. 149 
 
 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 tenn 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 ''''•^"""y- 
 Monday in April, nineteen hundred seven, shall hold ofiQce 
 until the first day of January, nineteen hundred eleven, or 
 until his successor shall be elected and qualified. Hereafter 
 in the said couuty 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 Janiiary next following his or 
 her election. 
 
 Am, 1901, Act 35 ; 1003, Act 160 ; 1907, Act 115. 
 
 (461) § 4810. Sec. 3. Persons eligible to hold the office EiigibUity. 
 of commissioner of schools must possess the following qual- 
 ifications : 
 
 (a) Twelve months experience as a teacher in the public Teacher 
 schools of this state; 
 
 (b) Must lie a graduate of the literary department of tJ™'i"a'e. 
 some reputable college, uuivei-sity, or state normal school 
 having a course of at least three years : Provided, That the Jg™''j,'^°:g 
 holder of a state teacher's certificate, or of an indorsed first certificate. 
 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- Further 
 sons who now hold the office of commissioner of schools shall p™^'^"- 
 be eligible to succeed themsehes: Provided further, That Further 
 in counties employing less than fifty teachers a person hold- p™^'™ 
 ing at the time of his or her election a second grade certifi-. 
 cate shall be eligible in tlie 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 OP COMMISSIONER: A hierh school Is not a college 
 within the meaning of this section. A special first grade certificate not 
 granted at one of the regular pulilic 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/]6.'j. The legislative intent is to keep up the standard of teachers by re- 
 quiring certain educational qu.'ilifications in the persons whose duty it is to 
 examine the teachers and determine their fitness for their work, — People 
 r. Hewlett, 94 / 109, It was held that persons elected to the office of com- 
 missioner, and holding the same after the amendment of 1S05, are eligible 
 since the statute is still the act of 1891, notwithstanding the amendments,— 
 Att'y General v. Lewis, 151/81. 
 
 (462) § 4819. Sec. 12. Whenever by death, resignation JJ^^^^fJ^'^ 
 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 
 
STATE OF MICHIGAN. 
 
 from the date of such notice, and said board shall appoint 
 a person wlio is qualiiied according to statute to fill the va- 
 cancy for the unexpired portion of the term of office. 
 
 Am. 1909, Act 222. 
 
 BOARD OF COUNTY ROAD COMMISSIONERS. 
 
 [Extract from Act 283, P. A. 1909, Ch. IV.] 
 
 (463) Sec. 6. In any county where the county road sys- 
 tem shall be adopted, a board of county road commissioners, 
 and not exceeding five in number, shall be elected by the 
 people of such county. In the first instance such commis- 
 sioners shall be appointed by the board of supervisors or 
 elected at a general or special election called for that pur- 
 pose, as shall be ordered by the board of supervisors. If 
 such commissioners are appointed they shall hold office only 
 until the first day of May next following. Their successors 
 shall be elected at the general election held on the first Slon- 
 day in April following the date of their appointment. If 
 such commissioners are to be elected at a general election, 
 notice thereof, embodying a copy of the resolution of the 
 board of supervisors, giving the number and terms of office of 
 the commissioners to be elected, shall be published by the 
 clerk in the newspaper or newspapers selected by the board 
 of supervisors, as required by section three of this act; if 
 a special election is called for the election of such commis- 
 sioners a like notice shall be given by the clerk, which notice 
 shall be posted and published in such newspapers as required 
 by section three. In the month of March in each year there- 
 after in which a county road commissioner is to be elected, 
 the county clerk shall give notice that a county road com- 
 missioner is to be elected at the following election, to be 
 held on the first Monday of April, and shall publish the same 
 in a newspaper or newspapers in manner aforesaid: Pro- 
 vided. That in the counties of Wayne and Mason the elec- 
 tion of county road commissioners shall be held at the general 
 election on the first Tuesday after the first Monday in No- 
 vember; the notice thereof shall be given at the time notice 
 is given of the general election : Provided further. That the 
 election of county road commissioners, as herein provided, 
 shall not be mandatory in any county which contains more 
 than twenty-six surveyed townships, either entire or frac- 
 tional, as determined by the government survey thereof. In 
 such county or counties the board of supervisors may, by a 
 majority of its members-elect, appoint such county road com- 
 missioner. 
 
 Am. 1913, Act 400. 
 
LAWS RELATING TO ELECTIONS. 151 
 
 (464) Sec. 8. In case a vacancy shall occur in the office vacancy, 
 of county road commissioner, the board of supervisors may "" " ' 
 ii])i)oint a commissioner to fill such vacancy, who shall hold 
 office for the unexpired portion of the term in which the va- 
 cancy occurs. Each commissioner shall hold his office until 
 his successor is elected and qualified. The board of super- Compensation. 
 visors shall fix the compensation of such commissioners, ex- 
 cept in the county of Wayne where the compensation shall 
 he five dollars per diem, for such time as the commissioners 
 shall serve the county in the capacity of county road com- 
 missioners. 
 
 Am. 1913, Act 371. 
 
 DRAIN COMMISSIONERS. 
 
 [Extract from Act 254, P. A. 1897, Chap. II.] 
 
 (465) § 4310. Section 1. At the regular biennial election Drain com- 
 to be held on the Tuesday succeeding the first Monday in SeS'ion^of. 
 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- 
 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 majority 
 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 county 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 oatii of oiHce. 
 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 judge of probate, con- 
 ditioned upon the faithful discharge of the duties of his office: 
 Provided, That the board of supervisors of any county may Provi.so. 
 fix 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. ISllO, Act 272; 1000, Act 118; 1011, Act 185. 
 
152 
 
 STATE OP MICHIGAN. 
 
 Present 
 incumbents. 
 
 (466) § 4311. Sec. 2. All county drain commissioners 
 Loldinf; sufh otlioe ou December thirty-first, nineteen hun- 
 dred nine, shall coutimie to lx» such commissiouei-s until their 
 respective successor's 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 1G3, T. A. 1911.] 
 
 Present 
 officer.s to 
 serve pending 
 elections. 
 
 The People of the State of Michigan enact: 
 
 When elected. (467) SECTION 1. Tliere shall be elected at the general 
 electon in the year nineteen hundred twelve, and at every gen- 
 Term, eral election thereafter an inspector of mines for the term 
 of two jeavs in any county within this state where there are 
 iron or copper mines situated and working, some suitable per- 
 Quaiifications. SOU who is a citizeu of this state, who can read and write 
 the English language, and who has had at least ten years' 
 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. 
 
 (468) 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 ofiice 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 fii'st 
 inspectors of mines to be elected as provided by this act. 
 Duties. Such inspectors of mines and deputy inspectors heretofore 
 
 appointed or to be appointed by any board of supervisors, 
 .shall perform all of the duties of inspector of mines and 
 deputy inspectors of mines until the election and qualifica- 
 tion of the first inspectors of mines to be elected as herein 
 provided. 
 
 \'acanciea. 
 how filled. 
 
 Term of office. 
 
LAWS RELATING TO ELECTIONS. 153 
 
 (469) Sec. 3. The regular terms of office of the inspectors Regular 
 
 of mines to be so elected shall commence on the first day to™rnmence. 
 of January succeeding their election. 
 
 (470) Sec. 4. In case of any vacancy in the office of the ^acancy, how 
 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. 
 
 (471) Sec. 5. The inspector of mines when so elected shall Bonda^,^ ^^ 
 
 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 where filed. 
 
 filed with the clerk of the county where he is so elected. 
 
 (472) Sec. 6. The inspector of mines when so elected may Deputy in- 
 
 . , T.. J. X j-ii, spectors. 
 
 appomt 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 Duties. 
 inspectors in any county shall be under the supervision of 
 the inspector of mines, and their duties shall be prescribed 
 by him. 
 
 TRUSTEES OF COUNTY PUBLIC HOSPITAL. 
 
 [Extract from Act r,oO, P. A. 1013.] 
 
 (473) Section 1. Any county may establish a public hos- Jj'^,"']Jy|gP"''''' 
 ]iital in the following manner: ^Vhellever the board of super- petition for. 
 visors of any county shall be presented with a petition signed 
 by five percent of the electors of such county, asking that 
 l)onds be issued and that an annual tax may be levied for the 
 establishment and maintenance of a ]inblic hosi)ital at a place 
 in such county named therein, ami shall specify in their peti- 
 tion the maximum amount of money jtroposed to be expended 
 iu purchasing, leasing or building said hospital, it shall at the E.ferendiim 
 next general election to be held in the county, after first tieSn™ 
 giving ninety days' notice thereof in one or more newspapers 
 published in the county, if any be published therein, and by 
 posting such notice, written or jirinted, in each voting pre- 
 cinct of the county, which notice shall include the text of the 
 petition and state the amount of the bonds to he issued and 
 the amount of the tax to be levied upon the assessed prop- 
 erty of the said county, which tax shall not exceed two mills 
 <in the dollar, for a period of time not exceeding fifteen 
 3 ears, submit to tlie qualified electors thereof, the question 
 
154 STATE OF MICHIGAN. 
 
 whether bonds shall be issued in the amount of ^ 
 
 and whether tliere shall be levied on the assessed property 
 
 of such county a tax of • mills on the dollar for the 
 
 purchase of real estate for hospital purposes, or for the pur- 
 chasing, leasing or construction of liospital buildings, and 
 for maintaining the same, or for either or all of said pur- 
 poses. 
 Election, (474) Sec. 2. Said election shall be held at the usual 
 
 etc!^^ '" ' places in such county for the election of county ofBcers, the 
 vote to be canvassed in the same manner as that for county 
 oilficers. The ballots to be used at any election at which the 
 said question is submitted shall be printed with a statement 
 Form of ballot, substantially as follows: 
 
 Sliall the county of issue bonds in the sum of 
 
 dollars and levy a mill tax to pro- 
 vide for the payment of same for the purpose of purchasing, 
 leasing or constructing, as the case may be, a public hospital, 
 and to provide for the maintenance of same? 
 Yes. [ ] ; 
 
 Shall the county of issue bonds in the sum of 
 
 dollars and levy a mill tax to pro- 
 vide for the payment of same for the purpose of purchasing, 
 leasing, or constructing, as the case may be, a public hospital, 
 and to provide for the maintenance of same? 
 No. [ ]. 
 
 If a majority of the votes cast at such election be in favor 
 of the proposition so submitted, the board of supervisors 
 shall issue the bonds as hereinafter provided and shall levy 
 the tax so authorized, to be collected in the same manner 
 as other taxes are collected and credited to the hospital 
 fund, and it shall be paid out on the order of the hospital 
 trustees for the purposes authorized by this act and for no 
 other purposes whatever. 
 Trustees, how (475) Sec. 3. Should a majority of all the votcs cast upou 
 be?l't2' ™''° '° the question be in favor of establishing such county public 
 hospital, the board of supervisors shall proceed at once to ap- 
 point seven trustees chosen from the citizens at large witli 
 reference to their fitness to such office, three of whom may 
 be women, all residents of the county, not more than three 
 of said trustees to be residents of the city, town or village 
 in which said hospital is to be located, who shall constitute 
 Terms of a board of trustees for said public hospital. The said trus- 
 offlce. ^ggg shall hold their offices until the next following Novem- 
 
 ber election, when seven hospital trustees shall be elected 
 and hold their offices, two for two years, two for four years, 
 three for six years, and who shall by lot determine their 
 respective terms. At each subsequent November election the 
 offices of the trustees whose terms of office are about to 
 expire shall be filled by the nomination and election of ho.s- 
 pital trustees in the same manner as other officers ai'e elect- 
 ed, none of whom shall be practicing physicians. 
 
LAWS RELATING TO ELECTIONS. 155 
 
 (476) Sec. 5. Vacancies in the board of trustees oc- vacancies, 
 casioned by removals, resignations or otherwise shall be re- *"*" ™®'*" 
 ported to the board of supervisors and be filled in like man- 
 ner as original appointments, appointees to hold office until 
 the next following November election, when such vacancy 
 shall be filled by election in the usual manner. 
 
 APPROVAL OF BONDS. 
 
 An Act to provide for the approval of the oflBcial bonds of county 
 officers by the board of supervisors. 
 
 [Act 27, S. L. 1873.] 
 
 The People of the State of Michigan enact: 
 
 (477) § 2648. Section 1. All official bonds of county Bonds of 
 officers which are now required by law to be approved by the app?oved'by^" 
 judge of the circuit court, shall hereafter be approved by the ^"^^ll^^^ 
 board of supervisors of the county in which said officers are 
 elected : Provided, however, That if the board of supervisors Proviso. 
 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 tlie 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- 
 
 Sectlon 2 repeals "aU acts or parts of acts contravening the provisions of 
 ttiis act." Bay Co. v. Brock, 44 / 49. See also sections 446-47. 
 
 CHAPTER X.— RESIGNATIONS, VACANCIES, REMOV- 
 ALS FROJI OFFICE AND RECALLS. 
 
 RESIGNATIONS. 
 
 [Extract from R. S. 1846, Cli. 15.] 
 
 (478) S 1153. Section 1. Resignations shall be made as Rfisignations. 
 
 . ,; ' " " to whom 
 
 follows: made. 
 
 1. By the govei-nor, lieutenant governor, and all officers 
 elected by joint vote of the senate and house of representa- 
 tives: to the legislature; 
 
156 
 
 STATE OP MICHIGAN. 
 
 2. By officers appointed by the goveruor 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 I'epresentatives, to the presiding oflS- 
 cers of their respective houses, who shall immediately trans- 
 mit the same to the governor; 
 
 4. By all other oflBcers 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 ; 
 
 5. By all other officers holding their offices by appoint- 
 ment, and not by election : to the body, board, or officer that 
 appointed them. 
 
 Duties of 
 officers, etc., 
 to whom 
 resignations 
 are made. 
 
 What events 
 to create 
 vacancy. 
 
 Proviso. 
 
 Sherman v. Supervisors, 84/111. 
 Bird v. Perlsins, 33/30. 
 
 When a resignation will be presumed.- 
 
 (479) § 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 y. Foutch, 44 / 92. 
 See section 481. 
 
 VACANCIES. 
 
 (480) § 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 tliis state; or, if the 
 office be local, of the district, county, to^vmship, 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 
 Ills 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 re.sides, a notice in 
 
LAWS RELATING TO ELECTIONS. 157 
 
 writing, officially signed by Iiini, informing the county clerk 
 (lull llic office of siicli (owiisliip Irea.surer or justice of the 
 peace is vacalecl. 
 
 SUr.I>l\'lSION 7: A jiarly, however well onlillcd lo an office, loses his 
 j-isht unless he liles his oaUi and bonds. — Wayne Auditors v. Benoit, 20 / 
 ISl; ^n\^■ I'aw v. Ef^^Ieston, 25 / o(>. lint tlie directions as to time are 
 not applicalile to a person to whom the election board refuses a certilieale, 
 lint can apply only to the person declared elected. — I'eople v. Mayworm. Ti / 
 ]4(!; Wayne Auditors v. Benoit. 20/lSl. One who has been elected to the 
 olfice (if justice of the peace and has entered upon the duties thereof, is 
 an otliccr de facto, notwithstanding his failure to file his oath of otHcc, and 
 bond within the lime prescribed bv law. — People v. Payment, 109/553. 
 
 ACCEPTING INCOMPATIBLE OFFICE: The rule is well settled that be 
 who, while occupying one office accepts another incompatible with the first, 
 ipso facto vacates the first office. — Northway v. Sheridan, 111/18. 
 
 An Act in relation to vacancies in certain state and county offices. 
 [Act 190, P. A. 1879.] 
 
 The People of the State of Michigan enact: 
 
 (481) § 1156. Section 1. That in ease a vacancy shall How vacan- 
 occur in any public office, which vacancy may be filled by offices mied." 
 appointment by the governor or otherwise, notice of such 
 vacanc.y 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 ithe 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 mav occur in an office Notice ot va- 
 the salary of the incumbent of whicli shall be paid in whole meT' ""^"^ 
 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 479. 
 
168 
 
 STATE OF MICHIGAN. 
 
 REMOVALS FROM OFFICE. 
 
 [Extract from R. S. 1846, Ch. 15.] 
 
 Certaio offi- 
 cers may be 
 removed for 
 misconduct. 
 
 (482) § 1157. Sec. 4. The secretary of state, auditor 
 general, and all state and county oflScers, except the state 
 treasurer, and judges of the supreme and circuit courts, who 
 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 WITHOTIT CAUSE : Officers cannot be removed without 
 cause. — People v. Lord, 9 / 227 ; People v. 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. 
 
 Persons ap- 
 pointed may 
 be removed. 
 
 Governor may 
 remove offi- 
 cers for cer- 
 tain reasons. 
 
 When may 
 Investigate. 
 
 Othcer to be 
 given oppor- 
 tunity to be 
 heard. 
 
 (483) § 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. 
 
 (484) § 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 con\ncted 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 opjwrtunity given him of being heard in 
 his defense. 
 
 Miner v. Supervisors, 49 / 602 ; Clay 
 Detroit Com. Council, 112/169. 
 
 Stuart, 74/411; Att'y Gen. v. 
 
LAWS RELATING TO ELECTIONS. 159 
 
 (485) § 11C5. Sec. 12. The judge of the circuit court when and by 
 
 ,.,.., , • • T 11 1 ii -i • whom county 
 
 and the circuit court commissioner shall have authority, in clerks may 
 term or vacation, to remove the county clerk when in their ''® ''*^'"''^'"'^ 
 opinion he is incompetent to execute properly the duties of 
 ills ■ofiBce, or when, on charges and evidence, they shall be 
 satisfied that he has been guilty of official misconduct, or 
 hal)itual 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- charges to bo 
 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 opportunitv given him to be heard in his defense. All Expensesoi 
 
 ,, ■ ^ , „ ,, i- i- . i- I exammation. 
 
 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. 
 
 (48G) § 11G6. Sec. 13. The office of state treasurer, com- when gover- 
 niissioner of the land office, or of any other collector or re- ciar"c«ta?n 
 ceiver of public moneys, appointed by the legislature, by the °^'^^^ vacant. 
 governoT- 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, S. L. 1871.] 
 
 The People of the State of Michigan enact: 
 
 (487) § 11G7. Section 1. That the drunkenness of any Drunkenness 
 person holding office under the constitution or laws of this movaHrom" 
 state shall be good cau.se for removal from office by the au- °^<^^- 
 thority and in the manner provided by law. 
 
 SUPPLYING VACANCIES. 
 
 [Extract from R. S. 1846, Ch. 15.] 
 
 (488) § 1169. Sec. 15. When at any time there shall be circuit judge 
 in either of tlie offices of county clerk or prosecuting attorney, porariiTmi 
 uo officer duly authorized to execute the duties thereof, the Ta<=a^««8- 
 
160 
 
 STATE OF MICHIGAN. 
 
 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 cither of said 
 officers for llic time being; and when at any linic there shall 
 be in either of the offices of sheriff, coroner, register of deeds, 
 or county surveyor, no officer duly authorized to execute the 
 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. 
 
 other coiiiily 
 offices. 
 
 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. — 
 Atfy Gen. v. Hollister, 59/591. 
 
 REGISTER OF DEEDS: See section 444. 
 
 Persons ap- 
 pointed to fill 
 vacancy to 
 comply with 
 directions, 
 etc. 
 
 (489) § 1170. Sec. 16. Each of the persons appointed in 
 pursuance of either of the two last preceding sections, shall, 
 before proceeding to execute the duties assigned him, comply 
 with such conditions and directions as shall be prescribed and 
 given relative to oaths and bonds, by the officer or officers 
 appointing him as aforesaid. 
 
 Au Act prescribing the manner of filling vacancies In certain state 
 
 offices. 
 
 Vacancies in 
 certain state 
 offices, how 
 filled. 
 
 [Act 159, S. L. 1851.] 
 
 The People of the State of Michigan enact: 
 
 (190) § 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 ofiScer 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. 
 
LAWS RELATING TO ELECTIONS. 161 
 
 DECLARING AND FILLING VACANCIES BY BOARDS OF 
 SUPERVISORS. 
 
 [Extract from Act 15G. S. L. 1851.] 
 
 (491) § 2484. Srcr. 11. Tlie s.aid several boards of sntier- Boards of 
 
 • 1 11 1 -I XI 11 ii • J J. supervisors. 
 
 Visors shall have power and they are hereby authorized at any power of. 
 meeting- thereof lawfully held : 
 
 Fourteenth, To require any county officer whose salary or certain 
 couipensation is paid by the county, to make a report under givrbonds. 
 oath to them on any subject or matters connected with the 
 duties of his oflice, 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 resi^ective 
 duties ; and any such officer who shall neglect or refuse to 
 make any such report, or to give such bond within a I'eason- 
 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 Proviso. 
 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. 
 
 .\m. 100.^>. Act 98 ; 1900, Act 322 ; 1913, Act 307. 
 
 See section 444. 
 
 This subdivi.sion docs 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, .'!G/41G. Cases of incompetency, 
 see Trainer v. Wayne Co. Auditors, 80 / 1G2. 
 
 RECALL OF CERTAIN OFFICERS. 
 
 An Act to provide for the recall of certain elective officers and for 
 tlie election to fill the vacancy created thereby. 
 
 [Act 325, p. A. 1913.] 
 
 rftc People of the State of Michigan enact: 
 
 (492) Section 1. Every elective officer, in the stale of oiiicir.s .sui)- 
 Michigau, except judges of courts of record and courls of like ■"''' '" '*''"" 
 jurisdiction, is subject to recall by the legal voters of the 
 
 state or of the electoral district in which he is elected as 
 hereinafter provided. 
 
 (493) Sec. 2. Petitions demanding the recall of United Petitions, 
 States senators, members of congress, elective state officers, " ^'^^ 
 
 21 
 
1^ 
 
 STATE OF MICHIGAN. 
 
 Signatures, 
 per cent of. 
 
 Circulator, 
 attachment of 
 affidavit. 
 
 Special 
 election. 
 
 Recall ballot 
 form of. 
 
 Office, when 
 deemed 
 vacant, etc. 
 
 state 'senators and representatives in the state legislature, 
 shall be filed with the governor. Petitions demanding the 
 recall of governor shall be filed with the secretary of state. 
 Petitions demanding the recall of any elective county, town- 
 ship or villnce official shall be filed with the probate judge of 
 said countv^and petitions demanding the recall of any city 
 official shall be filed with the mayor of said city. Petitions 
 demanding the recall of mayor shall be filed with the city 
 clerk. The petition shall be signed by at least twenty-five 
 per centum of the number of electors who voted for gov- 
 ernor at the last preceding election in the electoral district 
 of the official sought to be recalled; said petition or part 
 thereof shall be printed or typewritten and shall state clear- 
 Iv the reason or reasons for said demand. The signatures 
 thereto shall be in writing and shall state the ward,_ pre- 
 cinct and street number or township in which said petitioner 
 lives The circulator of said petition or his part thereof, 
 shall attach thereto the affidavit that said signatures are 
 the signatures of qualified electors; that they are genuine 
 and made in good faith for the purposes set forth m said 
 petition, but no such petition shall be circulated against 
 anv officer until he has actually performed the duties of his 
 office for a period of forty-five days for a legislative office, 
 and for three months for any other office. 
 
 (494) Sec. 3. \^^lenever a petition signed by twenty-five 
 per cent or more of the electors designated in section two of 
 this act is filed against any officer, a special election shall 
 within five davs thereafter be called, to be held vnthm 
 twenty davs in his said electoral district to determine wheth- 
 er the people will recall said officer, but said officer shall 
 continue to perform the duties of his office un il the result 
 of said special election is declared. The recall ballot used 
 at said special election shall have printed thereon, in not 
 more than two hundred words, the reason or reasons for 
 demanding the recall of said officer as set forth m said pet - 
 tion and in not more than two hundred words the officers 
 iustification of his course in office. There shall be printed 
 on the recall ballot the following questions: 
 
 "Rhall (name of the person against whom the recall peti^ 
 tion is filed) be called from the office of (title of the office) ? 
 
 ''''''sLn' (name of the person against whom the recall peti^ 
 tion is filed) be called from the office of (title of the office) ? 
 
 No r 1 " 
 
 (495) Sec. 4. If upon the canvass of the votes cast upon 
 the question of the recall of said officer, a m^.|«"^y. °* *^^^ 
 voters voting shall decide in favor of such recall, said office 
 shall be deemed to be vacant and a special election shall be 
 called within five days to be held within thirty days foi the 
 
LAWS RELATING TO ELECTIONS. igS 
 
 filling of such vacancy: Provided. That the officer «o recalJpd p • 
 shall continue to perform the dnties of hL office nntH hisluc '™-"i<i"tJ 
 cessor shall have been elected and qualified. Unless he shar°"^"^''^"'°" 
 voluntan y withdraw, the officer so recalled shall S con 
 
 ^m.^^^^^i^V' --r^^"° '^ ^'-*^ officfL^ other 
 candidates for the office mav be nominated and voted for nt 
 
 ZJ''""rl'''f''' ^'^ fi""»- ^-5* ^1'^ officer with whom the 
 recall petition has been filed a petition within fifreen davs 
 after said special election is called, signed bv not less th(n 
 hree per centum of the qualified electors of the e°ec o''^l dl 
 trict and said candidates so filing said petition shnllbp nnT 
 sidered nominated for said office. The c. nd?date who h.s 
 received the h ghest number of votes for the vacancy created 
 bv such recall shall be considered duly elected for the ro 
 Tretiled.^'^ '"■" ''''' ^'^ ^°^^^ ^- -•'^ candidTteslhan 
 
 Spectl^l2L°- n"^?"/""^ ''''}' P^^^^O'^ ^^'i «fter such Election ex- 
 
 speciai election, no further recall petitions shall be fiip-i p™^^^; ''"o to 
 agains the same incumbent of such office during the term or "^"' 
 which he IS elected unless such further petitioners shalf first 
 pay into the public treasury, which has ^aid such elecJL ex 
 hil.!!: ? T''°.' ''^'""""* "^ "^'^^"^^ ^-^Penses for the preced- 
 
 I49?) 'sS'^'t^^? ''' '\' '''''' '' '^^^ incumbent 
 f.-nnt u ^''^ '-'''''" relating to nominations and elec 
 
 tions shall govern all nominations and elections under thTs 
 act insofar as not to conflict therewith. 
 
 Sec. 7 repeals all contravening acts. 
 
 CHAPTER XL-ELECTION OF CERTAIN OFFICERS. 
 
 CIRCUIT JUDGES. 
 
 An .« .0 „„,„, ,„ >*...«c^.,^^^.,U «... „. „„,« „ 
 
 fAct 25. .'5. L. 1S51 ] 
 
 The People of the Stale of MichU,m enaet: 
 fied. ' *''^''" s^^cessors are elected and qnali- 
 
164 
 
 STATE OF MICHIGAN. 
 
 Duties of in- 
 spectors of 
 election. 
 
 Secretary of 
 state to give 
 notice to 
 sherifTs. 
 
 Sheriffs to 
 notify town- 
 ship clerks, 
 etc. 
 
 Township 
 clerks to give 
 notice of. 
 
 Election, can 
 vass, etc. 
 
 County can- 
 vass, when 
 held. 
 
 Statement, 
 where re- 
 turned. 
 
 Board of 
 state can- 
 vassers. 
 
 ;^r^ovik^e'd Tort^rtHJTrtrJnT'^n 'e\'c\V<licial circuit. 
 
 MQQ^ s •?7'>.fi Sec 2 The inspectors of elections in the 
 seve'aMolnshfps and ^ards in cRies throughout the state 
 are hereby reqn red to prepai-e a ballot box to receive all bal- 
 w« thnVmav be offered at such election for circuit 3udge and 
 regent of'he uniSy. both of which officers shall be voted 
 
 ^"',Zr\ S737*' Sec ?. The secretary of state shall, inv 
 .nSly i^er^lie^^age of this act, transn^it^to th^^ 
 
 of each county included within the several 3 ^^ "\\ ™^ 
 of this state a notice in writing, containing a brief >^tattnient 
 Ite^onJe'nts of this act. and he ^^all cause a coi^- «f hi 
 net to be published in such newspapers within the ''e%eia 
 Uidicial ciicuits as he niay deem proper, once m each ^eeU 
 fom the date of the notice till the election aforesaid. 
 
 (™0) fslsS. SEC. 4. The sheriffs of the several counties 
 
 :;n=eL;j^rs^^^-"-^^ 
 
 and fifty-one, in 'writing, under their ^J";^! ^j^^P^^^^,*^^ .i.^^e 
 the electoi-s of the township or ward, of the ^ime and place 
 of hoMing such election, by posting the same up in at least 
 three public places in the township or ward. 
 
 '^T^Os! '^^^l?' SK^ %^'^S^oS'^nvass for the sevex.1 
 cir^ii? Judge and'rege^ts of the -ive-ity, shall be on the 
 Second Tuesday succeeding the election, and shall be cou- 
 rted in all respects in the sauK. ^l^-^^^^^^^ a 
 be made in the same manner and ^'^thm the same time as is 
 provided bv existing laws for the canvass of lepresentative^ 
 to contres^- but tlie county clerks of the several counties 
 San t?JSnit one of the certified -pies of the s atem^^^^^^^ of 
 votes to the state treasurer, ^^^^^^^^^^l^ ^^t. 
 
 J!^L iMtm^Slr^rthrVta^l^;^-.^^ 
 
 mination of the election of the several circuit WS and 
 regents of the university, in the «^"^« "^^^f / ^^'^.i^'ed w 
 similar periods of time, as near as may be, as is piovided Dy 
 
LAWS RELATING TO ELECTIONS. 165 
 
 law I'm- tlu' canvass of the elcfliou of representatives to coii- 
 j;ress, and shall trnnsniit similar notices to the pei-sons de- 
 clared to be elected to the offices of circuit judge and regent 
 of the university in the several judicial districts: Provided, Proviso as to 
 That the board" of state canvassers shall not determine the vvayne."^ 
 result of the election for a regent of the university in the 
 county of Wayne, until after the receipt of the several state- 
 ments of votes given for a regent of the university in the 
 njiper i)eninsula ; provided such statement shall be received 
 before the third Tuesday of November next ensuing, when 
 said board shall proceed to canvass and determine the elec- 
 tion of such regent, as in other cases. 
 
 (505) § 3742. Sec. 8. The officers elected under the commence- 
 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 supersedoil Iiy section 24 of Act 190 of 1891. See section 
 101 of this compilation. 
 
 REGENTS OF THE UNIVERSITY. 
 
 An Act to provide for the election and classification of regents of the 
 
 university. 
 
 [.Vet 143, S. L. 1803.] 
 
 The People of the State of 3Iichigan enact: 
 
 (506) § 374o. Section 1. That a general election shall cenerai eiec- 
 be held in the several townships and wards of this state on g°"ti."'^ "^"^ 
 the first ^londay in April, in the year one thousand eight 
 hundred and sixty-three, and on the first Monday in April in 
 
 everj' 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. XT, section 3; section 07 of tliis compilation. 
 
 (507) § 3744. Sec. 2. At the election to be held on the Election in 
 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 Howcbssi- 
 each, to be numbered one, two, three and four, whose term of *''"''■ 
 service shall commence on the first day of .January, one thou- 
 sand eight hundred and sixty-fonr. The term of service of Term of ser- 
 class number one shall expire in two years; the term of class class"'™''' 
 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, 
 
166 
 
 STATE OF MICHIGAN. 
 
 Biennial elec- 
 tion. 
 
 one thousand eight hundred and sixty-four. After the first 
 election, two regents shall be elected every two years, and 
 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 rilato 
 under tills act. 
 
 lo tlie maunoi' of giving notice of first election 
 
 Elections, 
 how con- 
 ducted. 
 
 Canvass, how 
 conducted. 
 
 (508) § 3747. ^Ec. 5. The several regents of the univer- 
 sity, to be elected as afoi-esaid, shall be voted for on the same 
 ballots with the jnstice 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 th€ inspectors of election 
 shall make the same canvass, statement and return, and shall 
 be invested with the same poAvers as are provided by the laws 
 of this state for a general election. 
 
 (509) § 3748. Sec. 6. The county and state board of 
 canvassers for said election shall consist of the same persons 
 as provided by existing laws for canvassing votes for state 
 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 same 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 ot 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, P. A. 1909.] 
 
 The People of the State of Michigan enact: 
 
 Members (510) SECTION 1. At the biennial spring election to be 
 
 ediicat?in, l^old ou the first Monday in April of nineteen hundred nine, 
 
 when elected. jjq,j q^ ^ach Succeeding biennial spring election, there shall be 
 
 elected one member of the board of education, who shall hold 
 
LAWS RELATING TO ELECTIONS. 16? 
 
 his office for six years from the first day of July followiug 
 his election ; at the biennial spring election to be held on the 
 first Monday in April, nineteen hundred nine, a successor 
 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 tlie state board of education 
 whose term will 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 ^vill expire on December 
 thirty-first, nineteen hundred twelve, shall be elected. Each TeTHi» 
 member shall hold his office for the term for which he was 
 elected and until his successor is elected and qualified. 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 An Act to provide for the election of a superintendent of public in- 
 struction. 
 
 [Act 12, P. A. 1909.] 
 
 The People of the State of Michigan enact: 
 
 (511) Section 1. At the biennial spring election to be when elects^, 
 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 succes.sor 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 tlie organization of tlie supreme court, pur- 
 . suant to section two of article six of the constitution. 
 
 [Act 146, S. L. 1857.] 
 
 The People of the State of Michigan enact: 
 
 (512) § 177. Section 1. From and after the first day How consti- 
 of January, nineteen hundred five, the supreme court shall '"''^■ 
 consist of a chief justice and seven associate justices, to be 
 
168 STATE OF MICHIGAN. 
 
 choseu by the electors of this state, aud iu the meantime 
 the supreme court shall continue as at present organized. 
 
 Am. 1903, Act 250. 
 
 General eiec- (513) § 178. Sec. 2. A general election shall be held in 
 judges!"^ <he several townships and wards of the state, on the first 
 
 ^iondav of Ajiril, in the year one tliousand eight hundred 
 and fifty-seven, and on the first Monday of April in everj' 
 .second year thereiifter, for the election of judges or justices 
 of the supreme court. 
 
 See Chase v. Election Com'rs, 151 / 410. 
 
 Additional (514) § 179. Sec. 3. At the election to be held in the 
 
 iy^'ted.'te^m" -Several townships and cities of this state, on the first Tues- 
 of office, etc. ^^y after the first Monday of November, nineteen hundred 
 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 Jiundred five, one of whom sJiall 
 liold his office until the tliirly-first day of December, nineteen 
 hundred seven, one shall Jioid liis office until the thirty-first 
 day of December, nineteen hundred nine, and one shall [hold] 
 Ills office until the thirty-fir.st 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 townshijis and 
 cities of this state, on the first Monday in April, nineteen liun- 
 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 tlie several townships 
 and cities of this state, on the first Monday in April, nineteen 
 hundred seven, and every two years thereafter, lliei'c shall 
 be elected two justices of the supreme court to hold their 
 olfices respectively for the term of eight years from and after 
 I he first day of January next succeeding such elections. The 
 several justices of the supreme court now in office shall hold 
 Iheir offices respectively during the term for which they have 
 been elected, and the terra of all other justices of the 
 supreme court shall be eight years, as above ijrovided. 
 
 Am. 1903, Act 250. 
 
 Vacancy, how (515) § 180. Sec. 4. Whenever a vacancy shall happen 
 ^"^•i- in the office of judge of the supi'eme court, it shall be filled 
 
 by apjiointment of the governor, and a successor shall be 
 electee! at the next general election which may be held on 
 the first ^Monday of April thereafter; unless a general elec- 
 lion shall be hold in Novemter, prior to such election in 
 April; and in such case he may be elected at such election in 
 Novemlier. 
 
 Sections •''i ;mrt 6 provided for the notiScation of officers of the new enact- 
 ment. 
 
LAWS RELATING TO ELECTIONS. 169 
 
 (510) § 181. Sicc. 7. TIk' inspectors of elcrtioii in the Ballot Ijox. 
 several townsliijis juul wards in cilies tlivoni;liont tlie .state, 
 aw lieroby rciiniicd U) ]>re])are a liallol box at each of the 
 biennial elections ]iro\iilcd for in this act, to receive all bal- 
 lots that may be offered at such elections for a jndjie or 
 jnd}>es of the supreme court, and for circuit judge and regent . 
 of the universitv, all of which shall be voted for on the same 
 ballot. 
 
 (517) S 182. Skc. 8. The election ])rovided for by this Elections, 
 act shall be conducted in the same manner and by the same ducted." 
 officers, and notices of the time and place shall be given, as 
 
 by the existing laws j>rovision is made for holding a general 
 election in the state in the month of Nmember of each second 
 year; and the insjiectors of election shall make the same can- 
 vass, statement and returns, and they are hereby invested 
 with the same ))owers and authority, as are provided by the 
 election laws of this state for a general election.. 
 
 (518) § 188. Skc. i). The county canvass for judges of county can- 
 the supreme court .«hall be held on the ^second Tuesday sue- b^heid a^nd " 
 feeding the election, and shall be conducted in all respects [Justed." 
 
 in the same manner and by the same officers, and retuiiis 
 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 i'ircuit judges, secretary of stale, and other state officers. 
 
 (519) § 184. Sec. 10." The secretary of state, state Board ot state 
 
 X 1 • • i! ii x i 1 1 iS! 1 11 canvassers. 
 
 treasurer, and commissioner of the state land office, shall con- 
 stitnte the board of state canvassers, and they are hereby How to pro- 
 authorized and required to proceed in the canvass and vassing.'^'"'' 
 determination of the election of the judges or judge of the 
 sujireme 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 tJiey 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. 
 
 Tbc bnl.inri' of this act relates to the classiflcafton of judges, and powers 
 and duties of the court. 
 
170 
 
 STATE OF MICHIGAN. 
 
 ELECTION OF U. S. SENATORS. 
 
 An Act to designate the time, and provide the manner of electing 
 United States senaters. 
 
 [Act 1, S. L. 1869.] 
 
 Time ot 
 electing. 
 
 Each house 
 to name a 
 candidate. 
 
 Entries to 
 be made oa 
 journals. 
 
 Joint con- 
 vention. 
 
 .Tournala to 
 be read. 
 
 A majority 
 vote in each 
 house to elect 
 
 Vacancies, 
 how filled. 
 
 The People of the State of Michigan enact: 
 
 (520) § 1144. Section 1. That the leoi. si attire which 
 shall be chosen next preceding the expiration of the time for 
 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 honse shall 
 openly, by a viva voce vote of each member present, name one 
 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 iournal 
 of each honse by the clerk or secretary thereof; but if either 
 house shall fail to give such majority to any person on s?uch 
 day, that fact shall be entered on the journal. At twelve 
 o'clock, meridian, of the day following that on which proceed- 
 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 congre.ss 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 ns 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 afoi-esaid ; 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. 
 
 (521) § 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 
 
LAWS RELATING TO ELECTIONS. 171 
 
 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. 
 
 (522) § 1146. Sec. 3. It shall be the duty of the gov- Governor to 
 ernor, upon the election of a senator, as herein provided, to jfon '^ ^^^' 
 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. 
 
 Section 4 repeals "all acts or parts of acts contravening the provisions 
 of this act." 
 
 STATE HIGHWAY COMMISSIONER. 
 
 [Extract from Act 2S3, P. A. 1909, Chap. V.] 
 
 (523) Sec. 2. The chief officer of said department shall state highway 
 be denominated as the state highway commissioner. He shall Lppolntment? 
 be a citizen of this state, and shall have his office at the seat ''"'• 
 of government and shall personally superintend the du- 
 ties thereof. He shall be appointed by the governor, by and 
 with consent of the senate, on or before the first day of 
 July, nineteen 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 qualifled as hereinafter pro- 
 vided. In the year nineteen hundred thirteen, and every Election of, 
 four years thereafter, a state highway commissioner shall ^"'^■'y' "'''• 
 be nominated and elected by the people of the state of Mich- 
 igan 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 fir.st following his election, and 
 his term of office shall be four years from that date and 
 until his succe.s.sor is duly elected and qualified. He shall 
 receive an annual salary of three thousand five hundred dol- 
 lars. The state highway commissioner may appoint two Deputies. 
 deputies, one of whom shall be a competent civil engineer 
 experienced in highway building. Such deputies shall take Oath or office, 
 and subscribe the oath of ofiicc prescribed by the constitu- ''""^^' ^"^• 
 tion, and whenever the commissioner shall be disabled from 
 executing the duties of his office, he may designate one of 
 said deputies, duly appointed, as aforesaid, who shall execute 
 the duties of said commissioner until such disability be re- 
 moved. Such deputies shall receive an annual salary of two salaries. 
 thousand dollars each. The commissioner may employ such 
 other clerks and engineers as may be necessary to perform 
 the duties incumbent upon the department. The salaries of How paid. 
 
172 
 
 STATE OF MICHIGAN. 
 
 Vacancy. 
 
 Oath and 
 bond. 
 
 the commissioner, deputy commissioners and others employed 
 by authority of tliis act shall be paid upon the warrant of 
 the auditor general in the same manner as other state of- 
 ficers 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 genei-al. Whenever a vacancy 
 shall occui- in said office of comnussioiier by reason of death, 
 resignatiou or otherwise, the governor shall fill such vacancy 
 by appointment, but such appointee shall hold ofiice only 
 until the next general state election when a new commis- 
 sioner shall be elected for the unexpired term. The com- 
 missioner so appointed shall, within fifteen days from the 
 time of notice 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 llic said 
 commissioner shall give the ])e<iple of ihe state of ilicliigan 
 a bond in the jjenal sum of five lliousand dollars, with sure- 
 ties to be approved bj' the auditor general, conditioned for 
 the faithful discharge of the duties of his office. The com- 
 missioner shall make a biennial report to the governor, which 
 report shall contain the name and compensation of each an;l 
 every person (hat may be or has been employed by the de- 
 jiartment, and the whole amount of the expenses of the de- 
 jtartment in the interim not previously reported. Such re- 
 jiort shall be made on or before the first day of Feb- 
 ruary, nineteen hundred nine, and every two years there- 
 after, and the commissioner shall have printed a sufficient 
 number of these reports to provide every township highway 
 commissioner and county road commis.siouer in the state 
 with a copy, and such further number as may be necessary 
 to .satisfy the demand that the public weal may warrant. 
 
 Biennial 
 report. 
 
 Am. 1913, Act 355. 
 
 CHAPTER XII.— ELECTIONS IN CITIES AND VIL- 
 LAGES. 
 
 FOURTH CLASS CITIES. 
 
 [Extract from .\ct 215, P. A. 1895.] 
 
 CHAPTER III. 
 
 WARDS. 
 
 Wards. 
 
 (324) § 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 
 
LAWS RELATING TO ELECTIONS. 173 
 
 lime of ils i-eiiieorporation under the ]ii'()visioiis of tliiss act, 
 shall coutiuue to be the wards of sueh citv, until changed by 
 the legislature. 
 
 For the provisions of the so-called "Home Rule" act for cities, see act 
 27a of 11109, as amended by acts 81 and L'03 of 1911. 
 
 For procecdini^s for incorporation of fourth class cities previous to the 
 enactment of the "Home Rule" act, see sections 295G-69, C. L., 1897. 
 
 (525) § 2977. Sec. 2. Any city having a population of Number of 
 less than five thousand inhabitants may be divided into thi-ee apportioned 
 wards. If it contains a population of five thousand or 
 upwards it may be divided into four wards, and an additional 
 ward for everj' 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 jiopulation than above mentioned, shall not be required 
 to diminish the number of its existing wards. 
 
 (52f>) § 2978. Sec. 3. No election of aldermen or ward Change of 
 officers shall be held in any newly established ward, or in any not"to'affe^ct 
 ward, (Ui account of changes in the boundaries thereof, jire- ward"officers. 
 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 rei)resent the ward including the 
 ]ilace 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. 
 
 (527) § 2979. Sec. 4. When by the creation of a uewxermaof 
 ward two aldermen are to be elected therein at the same time, ne*J^"™a'rds" 
 one of them shall be elected for one year, and one for two 
 vears, and the term of each shall be desimiated on the ballot. 
 
 CHAPTER IV. 
 
 ELECTORS .\NI) UEGISTR.\T10N. 
 
 (528) § 29S0. Section 1. The inhabitants of cities hav- who deemed 
 ing the qualilications of electors under the constitution of '^'*'''"'"- 
 the slate, 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 e'^*°"- 
 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, 147/5-10. 
 
174 
 
 STATE OF MICHIGAN. 
 
 Council may 
 divide wards 
 into voting 
 precincts. 
 
 (529) § 2981. Sec. 2. The council of any city having 
 more than six hundred and fifty electors in any ward of the 
 city, according to the poll list of the last preceding election, 
 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. 
 
 Aldermen to 
 
 constitute 
 
 board of 
 
 registration. 
 
 Additional 
 
 member. 
 
 Board of 
 registration 
 to meet and 
 arrange names 
 of electors. 
 
 (530) § 2982. Sec. 3. The aldermen of each ward shall 
 constitute the board of registration therein, except as in this 
 act otherwise provided. If, by reason of a change of bound- 
 ary of any ward, or the formation of a new ward, or the 
 formation of more than one election district in a ward, or 
 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 
 
 Compensation, board of registration for the ward or election district. The 
 members composing such board of registration shall receive 
 two dolars per day as compensation. 
 
 See general law for registration in cities, sections 85-91. 
 
 (531) § 2983. Sec. 4. When changes shall be made in 
 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 registra- 
 tion of the respective wards or voting districts affected by the 
 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 tlie ward or district to 
 which the transfer was made, and be striclcen from the reg- 
 ister of the ward or district from which the elector was 
 transferred by the change. 
 
 (532) § 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. 
 
 Each ward toi (533) § 2985. Sec. 6. Each ward, unless otherwise 
 du?rict!^'°°' subdivided, shall be an election district. On the Saturday 
 
 Board to 
 make new 
 register. 
 
 Notice of, to 
 be given. 
 
LAWS RELATING TO ELECTIONS. 175 
 
 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 ^yhen board 
 
 election, the several boards of registration for the city, to sit^"* 
 
 except as in this act otherwise provided, shall be in session at 
 
 such places in their several wards as shall be desiguated, as 
 
 hereinafter provided, from eight o'clock iu 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 Each quaii- 
 
 be the right of each person then actually residing in the ward have his "name 
 
 or voting district, and who, at the then next approaching ''^s'^'^'^'^'^- 
 
 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. 
 
 (534) § 298(5. Sec. 7. At least two weeks previous to when council 
 the commencement of any such session of the several boards ^here^board 
 of registration, the council shall fix the place in each wardto^^^t 
 and voting district of the city where the board of registration 
 
 will meet, and at least eight days before such session of the how notice of, 
 board the city clerk shall give notice by handbills posted iu '° ^'^ ^iven. 
 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 distinct when and 
 where the board of registration for such ward and voting 
 district will meet. Except as in this act otherwise provided, General lawa 
 the general laws of this state relating to the registration of regtit?a^ion. 
 electors in cities shall apply to the registration of electors 
 in cities incorporated under or made subject to the provisions 
 of this act. 
 
 (535) § 2987. Sec. S. The boards of registration in cities when board 
 incorporated under this act at their sessions previous f^^^aHot. 
 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 old register 
 observed in such reregistration as are provided by law for ^°l}° ® 
 the registration of electors in cities; and a like reregistration 
 of the electors of eacli 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. When 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- w'^en notice 
 tiou is required to be made shall be given with the notice of tiontobe 
 I he meeting or session of the board at which it is to be made. ^''*°' 
 
176 
 
 STATE OF MICHIGAN. 
 
 CHAPTER V. 
 
 What city 
 officers to be 
 elected. 
 
 Treasurer to 
 hold but two 
 
 terms. 
 
 Ward officers 
 to be elected. 
 
 City officers 
 to be ap- 
 pointed by 
 mayor. 
 
 Council may 
 provide for 
 appointments 
 of other 
 officers. 
 
 Appointments 
 to be made 
 with consent 
 of council. 
 
 When ap- 
 pointments 
 to be made. 
 
 What officers 
 to be elected 
 at first elec- 
 tion. 
 
 OFFICERS. 
 
 (536) § 29SS. Section 1. In cities iucorporated under 
 lliis act the following city ofticers. [viz.] namely, a mayor, 
 city clerk, city treasurer, and two justices of the peace, shall 
 be elected by the (lualified voters of the whole city : Pro- 
 vided, That no person shall be eligible to the office of city 
 treasurer for more than two terms in succession. 
 
 (537 1 § 2989. Sec. 2. In each Avard a supervisor, two 
 aldermen and a constable shall be elected: Provided, That 
 the council of any city reincorporated under and made sub- 
 ject to the {)r(jvisioiis of this act, which at the time of such 
 i-eincorporation 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. Coggsliall, 107/181; OstraBder v. Supervisors, 111/65. 
 
 (538) 5 2990. Sec. 3. The following officers shall be 
 appointed by the mayor, by and with the consent of the coun- 
 cil, [viz.] namely, a city attorney, city marshal, street com- 
 missioner, city surveyor, a city assessor when i)rovided for, 
 and a chief engineer of the tire department. The council may 
 also, from time to time, ju-ovide by ordinance for the ap- 
 liointmeiit of, for such term as may lie jirovided in the ordi- 
 nance, such other fifficers whose eleclion or ajijiointment is 
 not herein specially pr(»vided for, as the council .^hall deem 
 necessary for the execution of the powers granted by this act. 
 All such appointments shall be made by the mayor, by and 
 with the consent of the council, and I heir powei-s and duties 
 shall be prescribed by ordinance, but the mayor shall have 
 no vote in the council on the (|uesti'in of his ap])oin(nients 
 (if above named officers. 
 
 (.139) § 2991. Sec. 4. Appointments t<i ollice, except 
 appointments to fill vacancies, shall Iw made on the first Mon- 
 day of May in each year; but ap])ointmeuts 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. 
 
 (.540) § 2992. Sec. 5. 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 ward, but in 
 cities reincorporated under this act, the aldermen elected 
 under the fomier corporation shall continue in office for the 
 term for which ihey were elected; and, at such first election, 
 
LAWS RELATING TO ELECTIONS. 177 
 
 sudi uuiiibcr of aldermen only shall be elected, as with those 
 coutiiiiiiiij;- ill uttice'as aforesaid, shall make the requisite 
 uuniber uf aldermen as re(inired by this act, and the terms of Terms of ai- 
 the aldermen first elected as aforesaid shall be so arranged arranged, 
 that one alderman for each ward shall be elected annually 
 thereafter. In all such cities reincorporated under the pro- when to 
 visions of this act, the then existing justices of the peace shall ot^peacl'"^'^ 
 hold their offices until the fourth day of July next after such 
 first election, and no longer, and at such first election two Terms ot 
 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 hira, and 
 biennially thereafter one justice of the peace shall be elected 
 for a term of four years : Provided, That whenever any city Pioviso. 
 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. 
 
 (541) § 2993. Sec. 6. The mavor, citv clerk, citv treas- Terms of 
 
 ' ' OIT1C6 of C6r- 
 
 urer, supervisors and constables shall hold their offices for tain city 
 Ihe term of one year from the second Monday in April of the ''''^^®'"'''- 
 year when elected, and until their successors are qualified 
 and enter ui>on the duties of their offices. 
 
 (542) § 2994. Sec. 7. All officers appointed by the t^™ °/^ 
 mayor or council, except officers appointed to fill vacancies in pointed otti- 
 elective offices, shall hobl their resjiective offices until the first '^^''^■ 
 Monday of May next after such aiipointment, and until their 
 successors are (lualificd and enter upon the duties of their 
 
 office, unless a diU'crent teini of office shall be provided in 
 
 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- ^Ifraney"'"*"' 
 
 due of the feriii of olfice in which the vacancy occurred, and 
 
 any olficer ajtiKpinled to fill it vacancy in any elective office' 
 
 shall hold sncli otlice until Ihe next annual city election. 
 
 (54;!) 5; 2995. Sec. S. .Justices of the iieace not elected When officers 
 
 .. ■■ • 1 II J ji T J- J' ji • ^. to enter upon 
 
 to fill vacancies shall enter upon the duties or their offices on duties. 
 fhe fourth day of July next after their election. In all other 
 cases officers shall enter n])on the duties of their offices on 
 the second Monday of April of each year, unless herein other- 
 wise provided for. 
 
 QU.\IJFIC.\TIONS. O.VTH AND BOND OF OFFICE. 
 
 (544) g 299G. Sec. 9. No person shall be elected or Qualifications 
 appointed to any oflice unless he be an elector of the city, and office" ""^ 
 if elected or appointed for a ward, he must be an elector 
 thereof; and no jierson shall be elected or appointed to any 
 
 23 
 
178 
 
 STATE OF MICHIGAN. 
 
 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. 
 
 (545) § 2997. Sec. 10. Justices of the peace elected in 
 any city shall take and file an oath of office with the county 
 clerk of the county in which the city is located within the 
 (>anie time and in the same manner as in cases of justices of 
 tiie peace elected in townships. All other officers elected or 
 appointed in the city, shall, within ten days after receiving 
 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. 
 
 When and 
 how justices 
 of peace to 
 file oath of 
 office. 
 
 When other 
 officers to 
 take oath. 
 
 See section 73. 
 
 When and 
 how justice 
 of peace to 
 file security. 
 
 Penalty for 
 not fiUng. 
 
 When and 
 how other 
 officers to 
 file security. 
 
 Bond of cleric 
 to be de- 
 posited with 
 treasurer. 
 
 Sufficiency 
 of sureties. 
 
 Examination 
 of surety. 
 
 When council 
 may require 
 new bonds. 
 
 (54C) §2998. Sec. 11. Every justice of the peace, within 
 the time limited for filing his ofiicial oath, shall file with the 
 county clerk, i^entioned in the preceding section, the security 
 for the performance of the duties of his office, required by 
 law in the case of justices of the peace elected in townships; 
 excei)t that said official bond or security may be executed in 
 presence of, and be approved by the mayor; and in case he 
 shall enter upon the execution of the duties of his office before 
 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 
 duties of his office and within the time prescribed for filing 
 ills official oath, shall file with, the city clerk such bond or se- 
 curity as may be required by law or by any ordinance or 
 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. 
 
 (547) § 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. 
 
 (548) § 3000. Sec. 13. The council may also at any 
 time require any officer, whether elected or appointed, to 
 
LAWS RELATING TO ELECTIONS. 179 
 
 execute and file with the clerk of the city, new oflScial bonds 
 iu the same or in such further sums, and with new or such 
 further sureties as said council may deem requisite for the 
 interest of the corporation. Any failure to comply with such Penalty for 
 requirement shall subject the ofiBcer to immediate removal compfy'° 
 by the council. 
 
 VACANCIES IN OFFICE. 
 
 (549) § 3001. Sec. 14. Eesignation of officers shall be Resignations 
 made to the council. , tocound?.* 
 
 (550) § 3002. Sec. 15. If anv oflScer shall cease to be when office 
 
 a resident of the city, or if elected in and for a ward, shall lacanl'*''*""' 
 remove therefrom during his term of office, the office shall 
 thereby be vacated. If any officer shall be a defaulter the 
 office shall thereby be vacated. 
 
 (551) § 3003. Sec. 16. If anv person elected or office may be 
 appointed to office shall fail to take and file the oath of office, oath'o? bond 
 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. 
 
 (552) § 3004. Sec. 17. In case any vacancy occurs inwiienand 
 the office of mayor, or in any other elective office, except jus- may If"""^ 
 tice of the peace, constable and school trustee, as hereinafter ™cancy. 
 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 \teiue Fiiungpf 
 and constable shall be filled at the next annual election or at vacancies. 
 a sjiecial election called for that purpose. Vacancies in any 
 appointive office shall be filled witliin twenty days after sucli 
 vacancy occurs, by the mayor by and with the consent of the 
 council. 
 
 IVople V. Higlilanii rarlt, 88/051!. 
 
 (553) § 3005. Sec. IS. The resignation or removal of Resignation 
 any officer shall not, nor .shall the appointment or election of not^t'oexon- 
 another to the office, exonerate such officer or his sureties fiab'ti[y°'" 
 from any liability incurred by him or them. 
 
 (554) § 3006. Sec. 19. Whenever any officer shall resign when officer 
 or be removed from office, or tlie term for which he shall c?ty"p'roperty 
 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 efi'ects in his custody as such officer, and 
 
 in any way appertaining to his office; and every person wil- Penalty for 
 
 fully violating this provision shall be deemed guilty of a mis- ^'"'^''o" 
 
 demeanor, and may be proceeded against in the same manner 
 
 as public officers may be proceeded against for the like offense, 
 
 Tinder the general laws of this state now or hereafter in 
 
180 
 
 STATE OF MICHIGAN. 
 
 force and applicable thereto; and every oflBcer appointed or 
 elected iinder this act shall be deemed an officer within the 
 meaning and provisions of such general laws of the state. 
 
 CHAPTER VT. 
 
 When annual 
 city election 
 to be beld. 
 
 When and 
 how special 
 may be called 
 
 Notice to 
 inspectors of 
 election. 
 
 What to 
 contain. 
 
 When and 
 how notice to 
 be given by 
 city clertc. 
 
 Ballot boxes, 
 how provided 
 and kept. 
 
 When polls 
 to be open. 
 
 ELECTIONS. 
 
 (555) § 3007. Section 1. An annual city election shall 
 be held on the first Monday in April in each year, at such 
 place or places in each of the several wards of tJie city, as 
 the council shall designate. 
 
 (556) § .'500S. Sec. 2. Special elections may l>e appointed 
 by resolution of the council, and held in and for the city, or in 
 and for any ward 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. 
 
 (557) § 3009. Sec. 3. AVhenever a special election is to 
 be held the council shall cause to be delivered to the inspect- 
 ors of election in tlie ward or wards where the same is to 
 lie held, a notice signed by the city clerk, specifying the offi- 
 cer or officers to be chosen, and the question or proijosition, 
 if any, to be submitted to the vote of the electors, and the 
 djiy and place at wliich such election is to be held, and the 
 proceedings and manner of holding the election shall be the 
 same as at the annual elections. 
 
 (558) § 3010. Sec. 4. Xotice of the time and place or 
 l)laces of holding any election and of the officers to be elected 
 and the questions to he. voted upon, shall, except as herein 
 otherwise jirovided, be given by the city clerk, at least ten 
 days before such election, by ]>osting such notices in three 
 ]iublic places in each ward in which llie election is to be held, 
 and by publishing a copy thereof in one or more newspapers 
 ])ublished in the city, llie same length of lime before the elec- 
 lion, and in case of a special election the notice shall set 
 fc'rth the jjurpose and object of the election as fully as the 
 same ai*e required to be set forth in llie resolution appointing 
 such election. 
 
 (559) § 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. 
 
 (560) § 3012. Sec. G. On the day of elections, held by 
 virtue of this act, the polls shall be opened in each ward, at 
 Iho several places designated by the coimcil, 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 
 
LAWS RELATING TO ELECTIONS. 181 
 
 (licv shall 1)0 finally rinsed. Tlio iiis|(ertoi's shall cause proc- when insnect- 
 lamation 1u he mack' upon oppninu' the polls, and shall also prochumftimi. 
 cause proclamation to be made of the closin": of the polls, one 
 hour, thiriy minutes and fifteen minutes I'espectively, before 
 (lie closiuii' (heri'of. 
 
 (.j()l) i; .'!(ll."!. 8i:c. 7. The sujiervisor and (wo aldermen wiioiocmi- 
 of each \y;nd ^^•heu eligible and one elector of the ward to be of' election' ' 
 ajipointed by the couiu-il shall, except as in this act otherwise '"si»'<^tor3. 
 provided, constitute (he board of inspectors of election. If How to be 
 
 ' f t fl o Til- chosen when 
 
 by reason of the formation of new wards or by a change in vacancy 
 (he boundaries of existing- wards or the creation of more than '"''"'"' 
 one election district therein, or for any i-easou there shall not 
 be a sufficient number of the officers last named in any ward 
 or district (o make a boanl of four inspectors for each elec- 
 tion district, it shall be (he du(y of the council, at least one 
 vicck before the election, to ap])oin( a sutflcient number of 
 inspcctor.s, mIio, wi(h the officers above named, if any, re- 
 siding in the ward or election district shall constitute a 
 board of four inspectoi-s for the Avard or district, and if at 
 any election any of the inspectors above provided for shall 
 not be present, or remain in attendance, the electors x>i'esent 
 may choose, viva voce, such nmiiber of electors, as with the 
 insjiector or ins])ec(ois ]iresen( shall constitute a board of 
 four in number, and such electors so chosen shall be iuspect- 
 ors at thai eleciion, during the continuance thereof. Each Comiiensa- 
 iuspector of the eleciion shall receive two dollars per day 
 as compensation. 
 
 . (562) § .3014. Sep. S. The inspectors of election in each who to he 
 ward or voting district shall choose one of their number chair- cie'r'k'of " ""' 
 man of the board, and shall designate one of their number board. 
 to act as clerk of the election, and another of their number 
 to act as second clerk, and each person chosen or a])])ointed 
 as inspector of election shall take the constitutional oath of 
 office, which oa(h either of the insi)ectors may administer. 
 
 (5ti3) S .301.5. Skc. {). The inspectoi-s of eleciion, as inspectors^of 
 specified in the last two sections, shall also be inspectors of andmstrlct ^ 
 state, county, and district elections in their respective ^N^ards ^'''^''o" 
 or voting districts. 
 
 (.5(i4) S ;>(ll(;. Sec. 10. All elections held under the pro- Elections, 
 visions of this act, shall be conducted, as nearly as may be, TotvUi^ung. 
 in the nuinner i)rovided by law for holding general elections 
 in the state, except as herein otherwise ]>rovided ; and the 
 insiK'ctors of such elections shall have the same powers and 
 authority for (he preservation of order, and for enforcing 
 obedience to their lawful conunands during the time of hold- 
 ing the election and the canvass of the votes, as are conferred 
 by law upon inspectors of general ele(!tions lield in this state. 
 
 (.")()5| § 3017. Sk<'. 11. The council shall, at least ten EiecUonconi- 
 days jirevious to any election, ajjjxtint a board of three elec- ™poimment 
 (ion coniniissioneis. ti()( more (han two of whom shall lielong of. dnties 
 (o (he same |)oli(ical i)arty, who shall be the iioard of elec- 
 iion commissioners for such city for such eleciion, and they 
 
182 
 
 STATE OF MICHIGAN. 
 
 Electors to 
 vote by 
 ballot. 
 
 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. 
 
 (566) § 301S. Sec. 12. The electors shall vote by ballot. 
 Such ballot shall be prepared and furaished by the board of 
 election conmiissioners 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 seq. 
 
 Council to 
 meet and de- 
 termine result 
 of election. 
 
 Certificate of 
 election. 
 
 Who to be 
 deemed 
 elected. 
 In case of 
 tie vote. 
 
 Clerk to 
 notify 
 
 person elected 
 or appointed. 
 
 Failure to file 
 bond, clerk to 
 give notice. 
 
 (567) § 3019. Sec. 13. The council shall convene on 
 Thursday nest 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 are 
 duly elected at tlic 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 de- 
 termination, showing the result of the election upon any ques- 
 tion or proposition voted upon, and what persons are de- 
 clared elected to the several offices respectively; one of which 
 certificates he shall file in the office of the coimty clerk, in 
 ihe county in which the city is located, and the other shall 
 be filed in the office of the city clerk. 
 
 (568) § 3020. Sec. 14. The person receiving the great- 
 est number of votes for any office in the city or wards, shall 
 be deemed to have been duly elected to such office; and if 
 there shall be no choice for any office by reason of two or 
 more candidates having received an equal number of votes, 
 the council shall, at the meeting mentioned in the preceding 
 section, determine by lot between such persons which shall 
 be considered elected to such office. 
 
 (569) § 3021. Sec. 15. It shall be the duty of the city 
 clerk, within five days after the meeting and determination 
 of the council, 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. 
 
 (570) § 3022. Sec. 16. Within one week after the ex- 
 piration 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 perfoi-mance of 
 the duties of the office. 
 
LAWS RELATING TO ELECTIONS. 183 
 
 POLICE JUSTICES IN CERTAIN CITIES. 
 
 [Extract from Act 6, P. A. 1913.] 
 
 (571) Sec. 2. At the spriuo- election in nineteen liundretl Election, 
 fifteen two police justices shall be elected by the qualified "^' 
 electors of any sucli city M-hich shall be affected by the pro- 
 visions of this act, who shall hold office for four years from 
 
 the succeeding- fourth of July, and at the spring election of 
 every fourth year thereafter two police justices shall be 
 elected and hold office for a term of four years each. At the 
 spring election in nineteen hmidred seventeen one police 
 justice shall be elected by the qualified electors of any such 
 city, who shall hold office for four years from the succeeding 
 fourth of July, and at the spring election of every fonrth 
 .vear thereafter one police justice shall be elected and hold 
 office for a term of four years. Candidates for election to 
 the office of police justice in such cities shall be nominated 
 and elected in accordance with the appropriate primary elec- 
 tion and election laws from time to time in force in such 
 cities. 
 
 (572) Sec. 3. In any city where the effect of this act vacancy, 
 shall be to increase the number of justices of the police court, bow'n'iie'tr.'eu-. 
 the office or offices of the additional justice or justices so 
 
 created shall be deemed to be vacant at the time when this 
 act goes into effect, and such vacancy or vacancies shall be 
 filled by appointment by the mayor and confirmed by the 
 legislative authority of said city. Such appointee or ap- 
 pointees shall hold office for the unexpired tenn or terms of 
 such office or offices, as fixed by this act. Such unexpired 
 term or terms shall continue until July fourth, nineteen 
 hundred fifteen. ♦ 
 
 JUDGES AND CLERKS OF POLICE COURTS IN CERTAIN 
 
 CITIES. 
 
 [Extract from Act 353, P. A. 1913.] 
 
 (573) Sec. 2. The police judge of said court existing iin- Present 
 der the law at the time this act takes effect, and now officiat- '"<"""''"'"'• 
 ing in said court, shall continue to hold his office and exer- 
 cise his powers and duties herein conferred under the title 
 of police judge, until the expiration of the fime'for whicli 
 he was elected. At the charter election in said city or cities, when judge 
 coming under this act, held in April, nineieen hundred four- e'"*^'*"!- 
 teen, a police judge of said court shall be elected to hold his 
 office for the term of six years from and after the first Mon- Term 
 day in ^fay next after liis election, and until his successor 
 shall be elected and qualified. Before entering upon the oath. 
 
184 
 
 STATE OF MICHIGAN. 
 
 duties of his oflSce lie sliall talie, svibscribe and file in dupli- 
 cate with the fleik of said city and with the clerk of said 
 county, respectively, the constitutional oath of office. He 
 shall be an attorney and counselor of law, entitled to prac- 
 tice in all the couiis of this state, and a resident and a quali- 
 fied elector in the said city. 
 
 (.574) Sec. 3. The clerk of said police court shall receive 
 an annual salary of one thousand four hundred dollars, to be 
 paid in the same manner as that of police judge, one-half 
 of which shall be ])aid by said city, and one-half thereof by 
 the county in ^^■hich said city nmy he located, out of the 
 treasury of said county. The present clerk of said court 
 shall serve out the remainder of his term and perform all 
 duties that may be required of him imder the provisions of 
 this act. At the charter election in said cities coming- un- 
 der this act, held in A])ril, nineteen himdred fourteen, a 
 clerk shall be elected to h(il<l his office for the term of two 
 years from and after the first Jlonday in May next after 
 his election and until his successor shall be elected and 
 <pialified. lie sliall lie a resident in and a (pialified elector 
 of the said citv. 
 
 Police clerk, 
 salary of. 
 
 Present 
 incumbent. 
 
 When clerli 
 elected. 
 
 ELECTIONS IN VILLAGES. 
 
 lExtract from Act 3, P. .\. 1S95.] 
 
 CHAPTER I. 
 
 when board 
 of supervisors 
 to declare 
 village incor- 
 porated. 
 
 First election. 
 
 Meeliiif; of 
 board of 
 registration. 
 
 (575) ? 2602. Skc. 9. If such board, after hearing the 
 jiarties, shall be satisfied that all the requirements of this 
 act in respect to such application have been complied with, 
 and that such territory as determined upon contains the 
 population requiied by this act, it may make an order de- 
 claring that such territory as determined upon shall be an 
 incorporated village, by tlie name specified in such applica- 
 tion, or by such other name as to such board shall seem 
 jn'oper; and said board shall in such order appoint the time 
 and place of holding the first election; and shall also ap- 
 point four discreet jiersons, residents of such territory and 
 (pialified electors therein, who shall constitute a board of 
 registration for said first election to be held in said village, 
 and who shall also act as inspectors of election at said 
 first election. The said board of registration shall meet on 
 the Saturday next jn-eceding said first election, and shall 
 remain in session the same hours required of boards of reg- 
 istration for general elections, and register the names of all 
 persons residents of said village, presenting themselves for 
 registratidii, and having the qnalitications of voters at an- 
 nual township meetings, due notice of the time and place of 
 which registration shall be given by said board, by posting 
 
LAWS RELATING TO ELECTIONS. 185 
 
 uotices thereof in Jive public places in said village, at least 
 ten days previous to said nieetini;. Such application and 
 aliidavit verifying- the same, with copy of notice of hearing 
 and proof of the ]iostiMg (n- publishing of the same, and nil 
 the proceedings of such board of supervisors touching such 
 incorporation shall be entered upon the records of said board, 
 :;nd all i)apers relating thereto shall be filed with the couuly 
 clerk of tlie county in which such proceedings are had and 
 laken, and the county clerk of said county shall thereup(»n 
 iiansmit a certified co])y of such order of incorporation to 
 tlie secretary of state, who shall (ile and record the same in 
 his office. The original order of incorjioration, or a certified Order of in- 
 co])y thereof by the county clerk of such county or a certi- ™her"Jfii'ed!' 
 tied copy of the copy thereof on file in the office of the sec- 
 retary of state, by the seci-etary of state, shall be prima facie 
 evidence of such incorporation and of the regularity thereof 
 in all courts and places. 
 
 Am. 1001, Act 33. 
 Si'o section 105. 
 
 (r>T(!) ;; 2(i'.n. Sec. 14. After the first election the clerk whotoconsu- 
 and two of the trustees, to be appointed each year by the boarcro/^egis- 
 council, shall be the village board of registration. On the "■""""'■ 
 Saturday previous to the day of holding any annual or special 
 election, and on any other days that the council may appoint, 
 the board shall be in session from nine o'clock in the morn- 
 ing until eight o'clock in the afternoon, for the purpose of 
 completing the registration of the electors of the village; 
 and in case of the absence of said clerk, or of either of the 
 trustees so appointed, those who shall be in attendance are 
 authorized to apuoint some competent person to fill the va- 
 cancy occasioned by such absence. Xotice of the time and 
 ])lace of holding such meeting shall be given with the notice 
 of said election. The members of the board of i-egistration 
 shall each receive two dollars per day as compensation. 
 
 (.■)77) § lifiOS. Sec. 15. In making and completing anv Registration 
 
 to conform 
 
 such registration, the board shall proceed in Ihe same man- witii registra- 
 ner and confoiin to the same rules, as near as may be, as are {{""n'ih^p"' 
 provided by law for registering electors in townships. 
 
 CHAPTER II. 
 
 OFFICERS. 
 
 (578) § 2099. Section 1. In each village the following village 
 officers shall be elected, viz., a president, six trustees, one ""'''•"■•''■ 
 clerk, one treasurer, who shall be ex officio ctillector, and one 
 tissessor. The president and trustees shall constitute the vil- 
 lage council. 
 
186 
 
 STATE OF MICHIGAN. 
 
 For the provisions of the so-called "Home Rule" act for villages, see act 
 278 of 1909, as amended by act 71 of 1911 and act 95 of 1913. 
 
 For proceedings relative to incorporation o£ villages previous to tUe enact- 
 ment of the "Home Rule" act, see sections 2684-98, C. L., 1897. 
 
 Term of 
 office. 
 
 Proviso. 
 
 (579) § 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 Laurlum v. Mills, 129/537. 
 
 Terms of 
 trustees of 
 village. 
 
 Term of 
 
 appointive 
 
 omcers. 
 
 Qualification 
 for office. 
 
 (5S0) § 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 
 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. 
 
 (581) § 2704. Sec. 6. All appointive officers, except 
 officers appointed to fill vacancies in elective offices, shall hold 
 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. 
 
 (582) § 2705. Sec. 7. No person shall be elected or ap- 
 pointed to any office unless he shall be an elector of the village. 
 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 
 lake 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. 
 
LAWS RELATING TO ELECTIONS. 187 
 
 CHAPTER III. 
 
 ELECTIONS. 
 
 (5S3) § 2714. Section 1. Aflei- the first election an Anmmi 
 iiunual election of officers shall be held on the second Monday ''''"""' 
 in ^larch in each year, at such place in the village as the 
 council .shall designate. 
 
 (584) § 2715. Sec. 2. Special elections may be ap- special 
 pointed by resolution of the council, and held at such times*""""' 
 as they shall determine, the purpose and object of which shall 
 
 be fully set forth in the resolution appointing such election. 
 
 (585) § 2716. Sec. 3. The president and clerk, and two who to be 
 of the trustees, or any four of the trustees, to be appointed o"''eiecUon. 
 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 
 
 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. 
 Each inspector of election shall receive as compensation two compensation 
 
 , ,, ' , of inspectors. 
 
 dollars per day. 
 
 People V. .ivory, 102/573. 
 
 (586) § 2717. Sec. 4. Notice of the time and place of Notice of time 
 holding any election, and of the officers to be elected, and the e[ect'iou"to 
 (juestions to be voted upon, shall, except as herein otherwise i"' puijiisiied. 
 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. Mc.ilpino, 117/608. 
 
 (587) § 2718. Sec. 5. The council shall, at least ten council to apj 
 days previous to any election, ajipoiiit a board of three elec- ekcuoi'i'""^ 
 
 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 
 
 1 com 
 ners. 
 
188 
 
 STATE OF MICHIGAN. 
 
 Opening 
 and closing 
 of polls. 
 
 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. 
 
 (588) § 2719. Sec. 6. On the day of elections, the polls 
 shall be opened at seven o'clock iu 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. 
 
 (589) § 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 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 
 less than a full term of office, the term shall be designated on 
 the ballot. 
 
 Manner of 
 conducting 
 elections. 
 
 See notes to sections of the general election law, sections 122 et seq. 
 
 Canvass of 
 
 votes to be 
 public. 
 
 Certificate 
 ot election. 
 
 (590) § 2721. Sec. S. Immediately after closing the 
 polls, the inspectors of election shall, without adjourning, 
 iniblicly canvass the votes receired by them, and declare the 
 results, and shall on the same day or the next day make a 
 statement in writing, setting forth iu words at full length, 
 the whole number of votes given for each office, the names of 
 the persons for whom such votes for each ofiice were given, 
 and the number of votes so given for each pei-son, 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- 
 tificate on the day of election, or on the next day, together 
 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 
 iu 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 
 ceneral elections. 
 
 22. Sec. 9. The council shall convene on 
 
 Council to fie- (591) § '^t--. 
 
 ol^ec'tion';^"" 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 
 
LAWS RELATING TO ELECTIONS. 189 
 
 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 u])on any (jucstion 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. 
 
 (592) ^ 2723. Sec. 10. If there shall be no choice for in case of tie, 
 
 „, ', ,. , 1-1 i 1 • council to 
 
 any office by reason ot t^wo or more candidates having le determine 
 ceived an equal number of votes, the council shall at the ''■^' '°' 
 meeting mentioned in the preceding section, determine by 
 lot between such persons which shall be considered elected 
 to such office. 
 
 (593) § 2724. Sec. 11. It shall be the duty of the clerk, village cierk 
 within five days after the meeting and determination of the sons°eiecte" 
 coumil, as provided in this chapter, to notify each pei'sou 
 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. 
 
 (504) § 2725. Sec. 12. Within one week after the expi- cierk to report 
 ration of the time in which any official bond or oath of ctrs'tofite 
 office is required to be filed, the clerk shall report in ^vriting "^''^ '"''"'"''■ 
 to the council the names of all persons elected or appointed 
 to any office, who shall have neglected to file such oath or 
 bond. 
 
 (595) § 2726. Sec. 13. The council of any village hav- Division of vu- 
 ing more than six hundi-ed and fifty electors according to the inf^recinSs" 
 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 jirecincts, 
 and of the holding of elections therein, shall be governed by 
 the general laws of the state relating thereto. 
 
190 
 
 STATE OF MICHIGAN. 
 
 CHAPTER XIII.— MISCELLANEOUS. 
 
 Voting ma- 
 chines, use of, 
 at elections. 
 
 Board may 
 purchase, 
 etc., voting 
 machines. 
 
 Voting ma- 
 chines, con- 
 struction of. 
 
 VOTING MACHINES. 
 
 ^1nt'i/°>, "jy?'"" ^°\^^^ ''^'"°^' registering, recording and count- 
 ^!5. I ,^T-°.''-''°'^1 ^' ^°^ "-"'^>' °'' 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, P. A. 1907] 
 
 The People of the State of Michigan, enact: 
 
 (596) Section 1. At all .state, coiintv, citj, village and 
 township election.? hereafter held in the 'state of Michio-an 
 ballots or votes may be cast, registered, recorded and counted 
 by means of voting machines, a.s hereinafter provided. 
 
 ,^?\?„ T-*^ .r^'^H^t, '■'' ^^^ "^"^ of t'Je "Rhines Vote Recorder " "Mvers Ba! 
 lot Machine" and the "Abbott Votin? Machine," .ire omitted from thYs com 
 pilation, see sections 375n-3R23, C ll 1897 "mnieu nom tnis com- 
 
 This act refer.s to elections '.at 'which persons are given miljlic offlres bv 
 a plurality of the votes of nil the electors voting the™at and does not 
 
 Com-r"''l54/3"9 "'A^ot'eSw'''''';?'^ "^ P.^-'"'""'^ ele'ctions.-Line" v. ''Elect^n 
 v,oin rs, 104 /di9. A vote by voting mach ne is a nroner vote bv hqllnt 
 
 Sa?hSe/1.Vp'r1mar'!v"*el'ectio^s.''^*sfe ITc^ZTeill'^^'"''^ '""^ "^^ "' ^"""^ 
 
 (597) Sec. 2. Hereafter the board of supervisors of any 
 county, the common council of anv incorporated citv oi- vil- 
 lage, or the township board of any town.ship in the 'state of 
 Michigan, may. by a majority vote, authorize, purcha.se 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. 
 
 (598) Sec. 3. A voting machine to be purcha.sed as pro- 
 vided in section two of this act must be so constructed as to 
 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 lea.st 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 
 
LAWS RELATING TO ELECTIONS. 191 
 
 mannpi", and also so constructed tliat it can l)c easily and con- 
 veniently ojierated by inspectors of election and the voters; 
 it mnst also be so constructed as to prevent votino; for more 
 than one jierson for the same oflice, except where the voter is 
 entitled to vote for more than one person for that office, and 
 it mnst 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 preventinjr his votinr;*for the same 
 person twice. It mav also be provided witli one ballot in each Ballots tor 
 column containing the words "Presidential Electors," pre- electors. 
 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. 
 
 .\ra. Extra Session, 1907, Act 7. 
 
 (509) Sec. 4. The board of supervisors of any county, the J^^ovWe'" 
 common council of any city or villajje, or the township board machines. 
 of any township adopting a voting machine, shall as soon as repair,"etc. 
 practicable thereafter, provide for each election district, a 
 voting machine in comiilete 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 e\ery 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. 
 
 (600) Sec. 5. The boarrf of supervisors of any county, the ^^^j^"® 
 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 
 be a charge on the county, city, village or township, as the 
 case may be. Such bonds, certificates or other obligations How issued, 
 may be issued with or without interest, payable at such time 
 or times as the authorities may determine, but shall not be 
 issued or sold at less than par. It is further provided that Refunding. 
 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 
 
192 
 
 STATE OF MICHIGAN. 
 
 number of voting prpcincts so previously provided by any 
 such city, township or village, bears to the whole uumber 
 in the county, but not exceeding the amount previously paid 
 by any such city, township or village. 
 
 Am. Id. 
 
 Ballot 
 labels. 
 
 Arrangement 
 ot names. 
 
 .\meQdments. 
 
 Vignettes. 
 
 Ballot slips. 
 
 (601) Sec. 0. All ballot labels shall be printed in black 
 ink, on clear white material of such size as will tit the ballot 
 frame and in plain type as tlie 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 
 offlce to be voted for at sucli election shall be placed upon 
 sucli machines in the .same cn-der that tlie names of candi- 
 dates for office are now required to be placed upon printed 
 ballots by the general election law. Where candidates for 
 local offices in any city, village or township 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 
 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, shall be locked whenever 
 such party row does not contain the names of candidates 
 of a party organization or the nrfmes of an independent body 
 wliich may have nominated candidates for more than one 
 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- 
 tricts using voting machines, except for any question or mat- 
 ter that cannot be provided for by the voting machines. The 
 board of election commissioners of the county, shall cause to 
 be ])rintcd ballot labels or slips containing the names 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 
 
LAWS RELATING TO ELECTIONS. 193 
 
 coiiuly where sucli voting iiiacliiiics are used al^ least five 
 secular days before the day of eleclion : Provided, That when- I'mvisu. 
 ever local otticers are 1o he elecfed at any such uencral elec- 
 lion, 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 candi- 
 dates to be voted for, and all questions or propositions to 
 be voted upon within such city, township or village, at that 
 election. 
 
 Am. Id. 
 
 ((J02) Sec. 7. Two additional sets of ballot labels .shall BaiioWabeis, 
 be i)rovided for each jtollin"-' i)lace for each election for use sets to be 
 on the voting- machine and the same shall Iw delivered by the rrovuieii. 
 Imard of election commissioners (o the election board of each 
 \(itiug precinct. Euvelojies for the delivery and return of 
 the keys of the voting machine shall be furnished by the 
 county clerk upon which shall Im printed or written the 
 number of the machine, the ward or ])recinct and the record 
 of the protective counter, if any, and the numbers of the seals 
 before and after the election; ench of which shall l)e correctly 
 filled out and be delivered to the ]iro]ier board or official. In instruction 
 all general or city elections where voting niacliines are used 
 there shall be furnished by the board of eleclion commission- 
 ers of the county, to the election board in each such precinct 
 in the county, a sufficient number of instruction ballots of 
 tlie 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 can- 
 didates, questions, etc., and with illustrations and brief in- 
 stnictions how to vote. 
 
 Am. Id. 
 
 (603) Sec. 7a. One of such models containing fictitious Machinu 
 names of candidates must be delivered to each board of elec- m^'™'^"''"^' 
 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 within the 
 guard rail to vote. Printed instructions how to vote, circu- 
 lated to voters, must conform to the instructions approved 
 by tjie official jiroviding ballots, and adapted to the machine 
 used. 
 
 Added Id. 
 
 (•504) Sec. 7b. The clerk of each county in which voting county clerk, 
 machines are to be used, in whole or in part, shall cause tiie relauve'to 
 jiroper ballot labels to be placed on the machines and the machines, etc. 
 machines in every way put in order, set and arranged, ready 
 for use in voting at such election ; and for the purpose of so To employ 
 labeling, putting in order, setting and arranging the machine, '"s'tx^'^n^- 
 25 
 
194 
 
 STATE OF MICHIGAN. 
 
 When super- 
 intendent, 
 etc., to act as 
 custodian. 
 
 Duties. 
 
 Election 
 commission- 
 ers, duties, 
 etc. 
 
 shall employ one or more competent persons who shall be 
 kno^\Ti as voting machine custodian or custodians, who shall 
 be swora to perform their duties honestly and faithfully, and 
 for such purpose shall be considered as officers of election 
 and shall be paid for the lime spent in tlie 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 suijerintendent 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 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 ai'e 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 
 swoi'n 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 coiraty clerk, stating the 
 number of the machine, the location of the polling place, 
 whether or not all the candidates and question counters and 
 the public 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. Imme- 
 diately after the election commissioners of each city or town- 
 ship, respectively, have inspected and certified to the correct 
 preparation of each of the voting machines to be used within 
 the city or township, within which they are authorized to 
 act, the custodian shall seal each of said machines with a num- 
 bered metal seal and sliall make out a similar statement cer- 
 tifying to the correct adjustment of each of such machines 
 and such certificate shall he signed by the custodian and filed 
 in the office of the recorder or clerk of the city or towii.ship 
 in which such machine or machines are to be used. Each 
 voting machine shall be furaished 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 bv the election officers in 
 
 Certificates, 
 what to state. 
 
 When ma- 
 chines to 
 be sealed. 
 
LAWS RELATING TO ELECTIONS. 195 
 
 examining the countere of the machine. It shall be the duty when 
 of the election commissioners under the direction of the custo '"^<^'^<=' • 
 dian, to cause the votino; nmchines to be delivered at the 
 respective polling places in whicli they are to be used at least 
 one hour before the time set for opening the ])olls: Pro- Proviso, 
 vided, That police protection shall be furnished by the local fecUoiu™' 
 authorities whenever the officers charged with the duty of 
 preparing such machines shall deem such protection neces- 
 sary to prevent possible injury of any one or more voting ma- 
 chines, 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. 
 
 Artdod Id. 
 
 ((505) Sec. 7c. At least ten davs prior to each election, instructions 
 the custodian or custodians of the voting machines shall in- chines, etc., 
 struct each board of election inspectors that is to sen-e in an gi^vCTi""" 
 election district, in the use of the machine, and in the duty 
 of inspectors of election, in accordance with the law and 
 tlie 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 certi- 
 ficate to that effect. For the purpose of giving such in- ,'J',f®\'"'J,'^^|| 
 struction, the custodian shall call such meeting or meetings 
 of the inspectors of election as shall be necessary. Such Report. 
 custodian shall without delay thereafter file a report with Ttate. ° 
 Ihe board or official in charge of elections stating that he has 
 instructed the election officers, giving the names and post- 
 office addresses of such election officers and the time and 
 jilace where such instruction was given. T*he inspectors of 
 election of each election 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 con- 
 cerning their duties as shall be necessary for the proper con- 
 duct of the election with the voting machine. Each inspector inspector, 
 of election that shall qualify for and serve in the election P^y'"'^"'<'f 
 shall be paid one dollar for the time spent in receiving such 
 instruction in the same manner and at the .same time as fce 
 is paid for his services on election day. No inspector of who may 
 election shall serve in any election at which a voting ma- ^'^"''' 
 chine 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 Proviso, 
 shall not prevent the appointment of an inspector of election '^^'^^'■'^y- 
 to fill a vacancy in an emergency. 
 
 .Vildoil Id. 
 
196 
 
 STATE OP MICHIGAN. 
 
 Ballot clerks, 
 etc., may be 
 (lisponseil 
 with. 
 
 Duty of 
 inspectors 
 before open- 
 ing of polls. 
 
 Instruction 
 carils. where 
 posted. 
 
 Keys to be 
 delivered 
 in sealed 
 envelope. 
 
 When to be 
 opened. 
 
 When slerk 
 etc., to re- 
 examine 
 machine. 
 
 When cou 
 ters to be 
 examined. 
 
 ^'Vei?;^'"^:^ "' '?i;?;S-torS^^- election and poll clerk. 
 
 least a half hour before the me «f /«; /fj^ ^^^^^^e" within 
 polls at such election, and «l^«l\.P\^,f„7 *^Mne ^^^^^ con- 
 ?he gn^ard rail the fm-ninire and ^^^^^^^^^^ ^,^^,1 ,,,, 
 
 duct of the election. The \3*^S™'%*;^iots and stationery 
 and there have the voting m^ehi^e Ij^nots a ^^^ 
 
 required to be delivered ^o. tji^em foi such electio , ^^ ^^^^^ 
 
 registiT of the electore required to be f^^f/ '^J ^;\^gtruction 
 The i-pectors shall there^vpon cause aU ^^ 
 
 cards and if pnnted in .^^f ^/^^^V^f^^^^^^ the polling 
 
 each language, to be PO^t^^'J^Xv TaU Sslrt in their proper 
 place. Ifnotpreviously done they shall in e ^^^. the 
 
 place on the voting machine the Fallot abel«^« ^»^,, 
 
 names of the offices to .^^A"*^?, ^* '';^\nrthe question, if 
 of the candidates nominated theiefoi ana T l ^^.^^^ 
 any. to be voted upon The kejs of the von 
 shall be delivered to tb%election officeis at lea^t ^^^^^^^ 
 hour before the time set for «R<:^^°g jhe pons ^^^^^^ 
 
 envelope, on which sha 1 be ^^^ ^n or printea ^^^^ 
 
 and location of the voting ^^f.^^^^-^^^^tertC number regis- 
 and, if provided with a l-""!^;;^^:^,^^"^^ the custoton. The 
 tered on such counter as ^^'PO^.j'^VLnnened until at least 
 envelope containing the kevs f^l^^l^,'' ^^ VoLg place 
 two of the inspectors shall ^^ P^3\ '^ that it has not 
 and shall have examined the envelope o see tn. ^^ 
 
 been opened. Before ^pemng the envelope , M ^^ ^^^ 
 
 cers present shall examine ^l^^^^.^^^the protective counter, 
 
 machine, also «f,^™^;^ .;;^,f ^e'^ ?Ly nre the same as the 
 if one is provided, and shall see it ^^^y ' j^ 
 
 numbers written on the «°^;^1°P; ^^^Jt'^^^^^e opened until 
 found not to agx-ee fl^^^/Ytn'e^-a" etction.or \he city or 
 the county clerk f it be a .e ^^^^^ ^ ^ 
 
 township clerk, if it o«/^.^'f"'X aimointed and authorized 
 are elected, or the ^u^^odian duly appo^^^^^^^^ ^^^ ^^^^^^ ^^^^^ 
 
 to act for such clerk, shall 1 aN e «een uo p^ge of re- 
 
 presented himself at the P^^^^S P^^^^^.t J^ that^t is properly 
 examining such machine an ^ ;^" Jf/^^J protective counter, 
 arranged. If t^%""™^/7,2/\^^ S-ee with the numbers on 
 if one is provided are fo™*!,/","^ .o^.^^ to open the doors 
 the envelope, the in^P^^t^^.tV the polls are o^pened for the 
 .- concealing the ^^o™^'^^'^- , J,f ^^^,Si,f ei^^mine Ivery counter 
 election, each inspector shall carelullje ^^ ^^^^.^^^ 
 
 and see that it regis^ters ^e™' and tne ^a ^^ 
 
 to the inspection of the o^"^^, .?,f J':'',r^uesTion is found not 
 
LAWS RELATING TO ELECTIONS. 197 
 
 clei'k or the custodian appoitited 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. 
 
 .\m. ]009, Act 214. 
 
 (608) Sec. 10. Ballots voted for any person whose name j^'j^rreguiar 
 does not appear on the machine as a nominated candidate 
 for office are herein referred to as "Irregular Ballots." To 
 provide any and every voter Avho desires to vote for any per- 
 son vrhose name is 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 cui-tain 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 ^^''/J'^^'jj™! 
 of election shall also cause to be placed in a conspicuous "^^ 
 place inside the polling place at least two cards not less than 
 twelve inches square on which shall be plainly printed full 
 a/id 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 desii-es 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 
 nnichine. Any person removing from said enclosure any of Misdemeanor, 
 said ballots or applicances provided for the voting of the uitls;^penaity. 
 same, except for the pui'pose 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 jurisdic- 
 tion shall be punished by a fine of not more than one hundred 
 dollars or by imprisonment in the county jail of tlie county 
 in which the olfense shall be committed for a period of not 
 exceeding ninety days or both such fine and imprisonment in 
 I he discretion of the court. T^mergency ballots shall also be Emereenc.v 
 provided by the board of election commissioners of the 
 county, having suitable blank spaces to j)ermit the voter to 
 vote a straight party ticket, or if he desires to si)lit 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 wiio to 
 be used only in emergency and upon special permission of''™^"®' 
 
198 
 
 STATE OF MICHIGAN. 
 
 When emer- 
 gency (locUir- 
 ert to exist. 
 
 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 1o the order of 
 the county clerk or other authorized i)erson. It shall not be 
 necessary to provide such emergency ballots for each election, 
 unless siime 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 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, supi)ly 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 coimted subject to the provisions of the 
 general election law, except as herein otherwise provided. 
 Such ballots shall be numbered cousecutively 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 tlie time of the delivery of such 
 ballot and ^^■hen such ballot is returned by the voter the num- 
 ber thereon shall be compared with the voter's number ou the 
 poll book, and if they agree, the stub number shall then be 
 torn off and tlie 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 
 
 .-^m. Extra Session, 1D07, Act 7; 1909, Act 214. 
 
 Voting macblues cannot be usccl at an election at which the type of 
 machine in use cannot ho so arranged as to afford the voter opportunity 
 to vote for any desired combination of the candidates of all parties. — 
 Helme 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. 
 
 Challenge 
 of voter. 
 
 When not 
 withdrawn. 
 
 When may 
 cause arrest. 
 
 (COO) Si^c. 11. When the right of any person offering to 
 vote is challenged the inspector of election shall tender to him 
 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- 
 drawn the inspectors of election shall write opposite the 
 name of such voter in the registration book the word "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- 
 duced by any challenger or elector who will make affidavit 
 
LAWS RELATING TO ELECTIONS. 199 
 
 on blanks provided tlierefor, that be believes such voter is not 
 a (jimlified voter, giving the reasons for same, or if snch voter 
 is known to the inspectors of election, not to be a qualitied 
 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 tlie section above mentioned, see section 181 of tiiis compilation. 
 
 Cliallen;;ed votes by the voting machine cannot be identliied 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. 
 
 (610) Sec. 12. "With the exception of jjersons not nomi- irregular 
 nated or for a combination of names that cannot be voted noMo^br^^" 
 with the machine and except for voting for presidential elect- ™ted. 
 
 ors, no irregular ballot shall be voted for any person for any 
 office, whose name appears on the machine as a nominated 
 candidate for that otHce. An irregular ballot must be cast 
 in its appropriate place on the machine or it shall be void 
 and not counted. 
 
 Am. Id. 
 
 (611) Sec. 13. The exterior of the voting machine and Machine, ex- 
 every part of the polling place shall be in plain view of the be"!?!"^ plain" 
 election officers and the public. The voting machine shall be ^'™- 
 ])laced 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 t,°",f of'"" 
 
 machine. 
 
 (G12) Sec. 14. Only one voter at a time shall be per- one voter 
 mitted to pass within the guard rail to vote. The operating atTttme' 
 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 as.sistod electors. No voter Time allowed 
 sliall have the right to remain within the voting machine '""^ ^"""k 
 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 gi'ant him proviso. 
 further time in their discretion if others are not waiting to 
 vote. 
 
 Am. 1909, Act 214. 
 
 . (613) Sec. 15. The front of the voting machine shall be Machine, how 
 in full view of the inspectors and bystandei-s at all times p'**^**^- 
 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 
 voting of each voter shall be in .secrecy. 
 
 Am. Id. 
 
200 
 
 STATE OF MICHIGAN. 
 
 Locking and 
 unlocking of 
 machine, liy 
 whom. 
 
 Voting 
 machines, in- 
 struction of 
 electora, etc. 
 
 When elector 
 cannot read 
 English. 
 
 (614) Sec. 1G. An inspector of election sliall attend to 
 tlie locking and nulocking of the machine and it shall be his 
 dnt.v to iirevenl said machine from being nnlocked at any 
 time during said election, except when a voter is within for 
 the pnrjxise of voting, and whenever a voler has voted the 
 inspector shall lock llie machine and it shall remain so nntil 
 another voter enters for the ])urpose of voting. 
 
 (G15) Sec. 17. Tn case any elector, after entering the 
 voting machine booth, shall ask for further instrnctions con- 
 cerning the manner of voting, two inspectors of opposite 
 political parties shall give such in.structions to him, but no 
 inspector or other election officer or person assisting at any 
 election, shall set such machines for any such elector, or 
 move, turn or operate anj' 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 ca.se 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 o])eratcs 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 political party having a challenger at such voting place, 
 by an insijector designated by the board for that purpose, 
 but 110 such inspector shall operate such machine for any 
 such elector. When an elector shall make oath that because 
 of physical disability he cannot set or ojierate such machine, 
 or when such disability shall be made manifest to said in- 
 spectors, 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 107. 
 
 Examination 
 of face of 
 machine. 
 
 Locking, etc., 
 by whom. 
 
 (OIG) Sec. 18. No voter or other person shall deface or 
 injure the voting machine or the ballot labels thereon. It 
 shall be the duty of the inspectors of election to enforce the 
 provisions of this section. The inspectore 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-, 
 jtair any injury. 
 
 (G17) Sec. 19. As soon as the polls of the election are 
 closed, the inspectors of election thereat shall immediately 
 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 
 
LAWS RELATING TO ELECTIONS. 201 
 
 full view of all the counter numbers. The chairman of the chairman 
 board of inspectors shall, under the scrutiny of another in- Jjutierof'. 
 spector, in the order of the offices as their titles are arranged 
 on the niachine, read and announce in 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, pi'opositiou 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 
 jiroceeding 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 Avhich 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 ''°^' '"^"^^'^■ 
 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 countere of such a candidate, J'han'oncel'"^'^ 
 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 l>e 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 comuers to 
 one jwrson is to be elected, in which case such counters shall \^^l'l{^^y^ 
 not be coupled for simultaneous action, the record of the vote 
 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 
 comjiarlment of the voting machine shall remain open until 
 the statement of canvass and all other rejiorts 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 i)roclAmation of the re- Result, by 
 suit of the votes cast shall be deliberately announced in a nounced" 
 distinct voice by the chairman of the Iward of inspectors 
 who shall read the name of etich candidate, with a designat- 
 ing 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 corrections. 
 opportimity shall be given to any person lawfully present "'*"'"'"*' 
 to compare the results so announced with the counter dials 
 
202 
 
 STATE OF MICHIGAN. 
 
 Board to 
 seal machine. 
 
 of the machine and any necessary corrections shall then and 
 (here he made by the election board, after which the doors 
 of the voting 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 operation. 
 Such machines shall remain so sealed for a period of thirty 
 days after the election and shall not be operated during such 
 time except as herein otherwise provided. 
 
 Am. 1909, Act 214. 
 
 Hecanvass, 
 when to 
 be made. 
 
 Who 
 notified. 
 
 Custodian to 
 examine, etc., 
 machine. 
 
 Counters, 
 how set 
 before test 
 
 Vv'hen cus- 
 todian to 
 file state- 
 ment. 
 
 (618) 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 to^mship, if it be a city or township 
 election at which city or townaship oflScers 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 se^il. 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 
 Aote cast thereon. Before making such re-canvass the said 
 board of canvnssers shall give sufficient notice in writing to 
 1he 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 retur-n from said machine. 
 Before testing the machine, the counters in the party row or 
 column in which the discrepancy is alleged to have occurred 
 shall be set at zero after which each of such counters shall 
 be operated at least one hundred times. After the completion 
 of said examination the custodian shall then and there prepare 
 a statement in wi^iting giving the result thereof, and said 
 statement shall be witnessed by the persons present and shall 
 he 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 retunis 
 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 
 
LAWS RELATING TO ELECTIONS. 203 
 
 of the general election laws. Sncli sections, as far as practi- sections 
 cable, shall apply except as herein othenvise provided. iH'PJca 
 
 Am. Id. 
 
 For the sections above mentioned, see sections 249 and 250 of this com- 
 pilation. 
 
 (61fl) Sec. 21. The secretary of state shall furnish the wiuit sec- 
 necessary inspector's statement and canvassing sheets and gute^to' 
 samples of the certificates, envelopes, etc., suitable to the ma- furnish. 
 chine used, to the board or officer whose dutv 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- form "of ' 
 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 tliat 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 ])ublic counter 
 and the number of names on the poll list after the ])olls close. 
 The board or official whose duty it is to i)rovide ballot labels ncnv urui 
 shall notify the secretary of state, giving the order and titles flfnH.si^ed. 
 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 Names, etc , 
 several offices to be elected at that election are filed as °" ^"" 
 required by law, the board or official whose duty it is to pre- 
 jiare 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, I'mviso, 
 That in case of the death, resignation or failui-e to qualify of ''•'•'"i. etc. 
 any of such candidates after such insjicctoi's' statements are 
 in'inted, a slip may be furnished giving the name, designal- 
 iiig number and letter, if any, of the candidate substituted 
 therefor and same shall be pasted, before the deliverj' of the 
 inspectors' statements to the board of inspectore, over the 
 candidate's name who died, resigned or failed to qualify. It Dntyuf 
 shall be the duty of the clerk of each county, city, village or ' " ' 
 township which has or may hei-eafter purchase or adopt voting 
 machines to immediately notifv the secretary of state of sucli 
 fact. 
 
 Am. Id. 
 
 (G20) Sec. 22. All the provisions of the election laws now i';i.-rii<in 
 in force and not inconsistent with the provisions of this act, Jfiuabie! 
 
204 
 
 STATE OF MICHIGAN. 
 
 shall ajuily with full force to all counties, cities, villages and 
 to^Tiships adopting the use of voting machines. 
 
 Sec. 23 repeals inconsistent acts. 
 
 USE OF VOTING MACHINES IN PRIMARY ELECTIONS. 
 
 Primaries, 
 voting ma- 
 ctiinea may 
 be used at. 
 
 Autiioriz- 
 ed voting 
 machines. 
 
 Wlien names 
 to be printed 
 on ballot. 
 
 Party 
 preference. 
 
 Printing of 
 ballots or 
 slips- color. 
 
 How 
 
 furnished. 
 
 Name.s, al- 
 ternating of. 
 
 Alphabetical 
 arrangement. 
 
 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. 
 
 [Act 22.5, P. A. 1909.] 
 
 The People of the State of Michigan enact: 
 
 (621) Section 1. At all state, county, city and township 
 primaries, ballots or votes may be cast, registered, recorded 
 or counted by means of voting inacliiiies as hereinafter pro- 
 vided. 
 
 (622) Sec. 2. Any voting macliine which is by law 
 authorized to be used at a general election may, by the order 
 of the board of sui)ervisors of any county, the common council 
 of any city or the township board of any township, be used 
 tlierein 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 
 bo 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. 
 
 (623) Sec. 3. Ballots or slips used with or upon any vot- 
 ing machine shall be printed on card board or paper of a size 
 suitable to the machine used, but shall be of the colors requir- 
 ed for each ])arty or organization at primary elections. It 
 is further pirovided tliat such ballot labels or slips shall 
 be furnished by the board or olficial now required to furnish 
 such supplies. The names of all candidates shall be alter- 
 nated on the ballot of each party casting at least five per 
 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 sliall be set up with the names of such 
 candidates arranged alphabetically, in order according to 
 surnames : 
 
LAWS RELATING TO ELECTIONS. 205 
 
 Second, In printing each set of tickets or ballot labels for Appearance of 
 the several election precincts, the position of the names shall ofbaiio't ubei. 
 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 ciiange or 
 
 positioTi 
 
 take the line of type at the head of each office division and 
 place it at the bottom of the division and move up the column, 
 so that the name that before was 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 TOnform. 
 state, for voting for delegates to county conventions, and 
 shall be voted in a separate ballot box provided therefor, as 
 now required. 
 
 (624) Sec. 4. Whenever a voting machine is used in a Party levers 
 primary election the party levers or bars, if any, shall be hxi!"^ 
 locked against voting .so as to prevent straight ticket voting^, 
 
 and the machine shall be proi)erly 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. 
 
 (625) Sec. 5. More tlian one voting machine may be used Number. 
 in a precinct. 
 
 (626) Sec. 6. All acts or parts of acts relating to the Acts to 
 use of voting machines and all acts relating to the election of 
 candidates by direct vote shall apply as far as practicable 
 wlierever voting machines are used iu primaries, except inso- 
 far as the provisions thereof may be inconsistent herewith. 
 
 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. 
 
 [.\ct 154, P. A. 1907.] 
 
 The People of the State of Michigan enact: 
 
 (627) Section 1. That hereafter the board of supervisors supervisors 
 of any county in the state shall have the power to direct the '""y f""^^^ 
 use of voting machines in and for each voting precinct in the 
 county, at all elections held therein. 
 
 (628) Sec. 2. In case said board determines to use voting May purchase. 
 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 
 
206 
 
 STATE OF MICHIGAN. 
 
 Payment. 
 
 Make 
 contract. 
 
 type as shall seem necessary and proper for the safe and 
 correct conduct of said elections. 
 
 (629) 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 aiaouut 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. 
 
 (630) 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 i-ata 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. 
 
 (631) 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. 
 
 [RETURN OF VOTE TO SECRETARY OF STATE. 
 
 [Extract from Act 44, P. A. 1899.] 
 
 County clerks 
 to make re- 
 turns of vote 
 of certain 
 officers. 
 
 Further duty 
 of county 
 clerks. 
 
 Secretary of 
 state to pub- 
 lish result of 
 canvass. 
 
 (G32) Sec. 28. The vote for governor and secretary of 
 state by townships and wards, and the vote for members of 
 the state legislature cast at the preceding November elec- 
 tion, shall be returned to the secretary of state by the several 
 county clerks on or before the first day of December follow- 
 ing sncl) election, and it shall be the further duty of all 
 county clerks to furnish to the secretary of state, promptly 
 and without compensation, any further information requested 
 of them, to be used in the compilation of the manual. 
 
 (633) Sec. 29. The secretary of state shall, as soon as 
 possible after the canvass of votes at the April election, print 
 in pamphlet form the result of such canvass. A suflScient 
 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 wlio may 
 request them. 
 
LAWS RELATING TO ELECTIONS. 207 
 
 PUBLICITY OF PROPOSED CONSTITUTIONAL AMENDMENTS. 
 
 An Act to secure greater publicity concerning proposed amendments 
 to the constitution. 
 
 t.Vct ^3. p. A. 1005.] 
 
 The People of the State of Michigan enact: 
 
 (634) Section 1. That whenever a pi-oposed constitu- Constitutional 
 tional amendment or other qnestion is to be submitted to the n^tfce'IS™''' 
 electors of the state for popular vote, the secretary of state propog°ed. 
 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, with a request that said 
 papers give as wide publicity as possible to said proposed 
 amendment, or other questions. And he shall also furnish Copiea of 
 each county and city clerk in the state at least ten copies of be sent clerks 
 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 of each voting poiuSg^piaces. 
 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 
 inspectors of election in the following languages, namely: 
 Two copies each of Holland, German, Polish and four copiea 
 of English. Such statements shall be furnished the election 
 inspectors at least live days before the election. 
 
 (035) Sec. 2. Publication of any matter by any paper No charee for 
 under the provisions of this act, shall be without expense or ''^ ^°'' °°' 
 cost to the state of Michigan. 
 
 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 33G, P. A. 1913.] 
 
 The People of the State of Michigan enact: 
 
 (636) Section 1. The house of representatives shall here- Apportion- 
 after be composed of one hundred members, elected agreeably l^entativS" 
 to a ratio of one representative to every twenty-eight thou- 
 sand one hundred two persons, in each organized county, and 
 
208 
 
 STATE OF MICHIGAN. 
 
 Counties 
 entitled to 
 two or more. 
 
 Entitled 
 to one. 
 
 Districts 
 containing 
 more than 
 one county. 
 
 one representative of each county having a fraction 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, seventeen ; Kent, five ; Houghton, 
 three; Saginaw, three; Bay, two; Berrien, two; Calhoun, 
 two; Genesee, two; Inghani, two; Jackson, two; Kalamazoo, 
 two ; Lenawee., two ; Marquette, two ; Oakland, two ; Ottawa, 
 two; St. Clair, two; Washtenaw, two; Allegan, one; Alpena, 
 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; Isatella, one; Lapeer, one; Livingston, one; 
 Macomb, one; Manistee, one; Mecosta, one; Menominee, one; 
 Monroe, one; Montcalm, one; Muskegon, one; Newaygo, one; 
 Oceana, one; St. Joseph, one; Sanilac, one; Shiawassee, one; 
 Tu.scola, one; Van Buren, one. 
 
 The counties of Antrim and Kalka.ska sliall constitute a rep- 
 resentative district and be entitled to one representative. The 
 election returns of said district shall be made to the county 
 of Antrim. The counties of Crawford, Alcona, Montmor- 
 ency, Oscoda, Otsego and Presque Isle shall constitute a rep- 
 resentative 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 V^'exford and Mis- 
 saukee shall constitute a representative district and be en- 
 titled to one representative. The election returns of said 
 district shall be made to the county of Wexford. The coun- 
 ties of Osceola and Clare shall constitute a representative 
 district and be entitled to one representative. The election 
 returns of said district shall be made to the county of Osceola. 
 The counties of Mason and Lake shall constitute a rep- 
 resentative district and be entitled to one representative. 
 The election returns of said district shall be made to the 
 county of Mason. The counties of Gladwin, Koscommon and 
 Midland shall constitute a representative district and be en- 
 titled to one representative. The election returns of said 
 district shall be made to the county of Midland. The coun- 
 ties of Benzie and Leelanau shall constitute a representative 
 district and be entitled to one representative. The election 
 returns of said district shall be made to the county of Lee- 
 lanau. The counties of Arenac, Iosco 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 Iosco. 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- 
 craft. The counties of Baraga, Iron, Keweenaw and Onton- 
 agon shall constitute a representative district and be en- 
 
LAWS RELATING TO ELECTIONS. 209 
 
 titled to one representative. The election returns of said 
 district shall be made to the county of Iron. 
 
 An Act to divide the state of Michigan into thirty-two senatorial dis- 
 tricts. 
 
 [Act 27.^!, P. A. 1007.] 
 
 The People of the State of MkhUjan enact: 
 
 (637) Section 1. The state of Michipran shall be divided Senatorial 
 into thirty-two senatorial districts, and each district shall be 
 entitled to elect one senatoi-, and Ihc districts shall be con- 
 stituted and numbered as follows: 
 
 The first district shall consist of the eleventh, thirteenth, 
 fifteenth and seventeenth wards of Detroit and the townships 
 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 tirst, second, third, 
 fourth and sixth wards 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, Romulus, 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; 
 
 The seventh district shall consist of the counties of Berrien 
 and Cass; 
 
 The eight 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. 
 Clair 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; 
 27 
 
210 
 
 STATE OF MICHIGAN. 
 
 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, (Oakfleld), Alpine, Plainfield, Can- 
 non, Grattan, Walker, Grand Rapids, Ada, Vergennes, Wy- 
 oming, Paris, Cascade, Lowell, Byron, Gaines, Caledonia 
 and Bowue 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 consist 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 sliall consist of the counties of 
 Manistee, Mason, Lake, Oceana and Newaygo; 
 
 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, Iosco, Ogemaw, Roscommon, Are- 
 nac, Gladwin, Clare and Osceola; 
 
 The twenty -ninth district shall consist of the counties of 
 Cheboygan, Presque Isle, Alpena, Emmet, Charlevoix, Otsego 
 and Montmorency; 
 
 The thirtieth district shall consist of the counties of Me- 
 nominee, Delta, Schoolcraft, Luce, Mackinac and Chippewa; 
 
 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. 
 
 (638) Sec. 2. The election returns of each county form- 
 ing one district shall be made to the county clerk's office of 
 said county. The election returns of each district composed 
 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 ofBce 
 of said county. 
 
 Election 
 returns, 
 where 
 made. 
 
LAWS RELATING TO ELECTIONS. 211 
 
 An Act to divide the state of Michigan into thirteen congressional 
 
 districts. 
 
 [Act 337, P. A. 1913.] 
 
 The People of the State of Michigan enact: 
 
 (G39) Section 1. This state shall be divided into thirteen Apportiou- 
 congressional district.s pursuant to a ratio of representation ^l^gionaf' 
 fixed by an act of congress for the year nineteen hundred diatricts. 
 eleven, for the apportioning anew of the representatives 
 among the several states, and each district shall be entitled 
 to elect one representative, the districts to be constituted and 
 numbered as follows, to-wit: 
 
 First, The first district shall consist of the first, third, 
 fifth, seventh, ninth, eleventh, thirteenth, fifteenth and sev- 
 en teentli wards of the city of Detroit; 
 
 Second, Tlie second district shall consist of the counties of 
 Jackson, Washtenaw, Monroe and Iveuawee, and the follow- 
 ing townships of Wayne county : The townships of Plymouth, 
 Canton, Ecorse, Taylor, Komulus, Van Buren, Sumpter, 
 Huron, Bi'ownstown and Monguagon, and the city of Wyan- 
 dotte ; 
 
 Third, The tliird district shall consist of the counties of 
 Eaton, Calhoun. Kalamazoo, Branch and Hillsdale; 
 
 Fourth, Tlie fourth district shall consist of the counties of 
 Barry, Allegan, Van Buren, Berrien, Cass and St. Joseph ; 
 
 Fifth, The fifth district shall consist of the counties of 
 Kent and Ottawa; 
 
 Sixth, The sixth district shall consist of the counties of 
 Ingham, Livingston, Genesee and Oakland and the towmships 
 of Grosse Pointe, Gratiot, Hamtranick, Greenfield, Redford, 
 Livonia, Northville, Nankin, Dearborn and Springwells in 
 Wayne county; 
 
 Seventh, Tlie seventh district shall consist of the counties 
 of Huron, Tuscola, Sanilac, Lapeer, St. Clair and Macomb; 
 
 Eighth, The eighth district shall consist of the counties 
 of Gratiot, Saginaw, Clinton, Shiawassee, Ionia and Mont- 
 calm; 
 
 Ninth, Tlio nintli district shall consist of the counties of 
 Leelanau, Benzie, Grand Traverse, llanistee, "Wexford, Mason, 
 Lake, Oceana, Newaygo, Muskegon and Missaukee; 
 
 Tenth, The tenth district shall consist of the counties of 
 Crawford, Oscoda, Alcona, Rosconmion, Ogemaw, Iosco, Os- 
 ceola, Clare, Gladwin, Arenac, Mecosta, Isabella, Midland 
 and Bay; 
 
 Elevcntli, The eleventh district shall consist of the coun- 
 ties of Alger, Delta, Menominee, Schoolcraft, Luce, Mackinac, 
 Chippewa, Emmet, Cheboygan, Presque Isle, Charlevoix, 
 Antrim, Otsego, Montmorency, Kalkaska and Alpena; 
 
 Twelfth, The twelfth district shall consist of the counties 
 of Keweenaw, Houghton, Ontonagon, Gogebic, Baraga, Iron, 
 Marquette and Dickinson; 
 
212 STATE OF MICHIGAN. 
 
 Thirteenth, The thirteenth district shall consist of the sec- 
 ond, fourth,, sixth, eighth, tenth, t\velfth, fourteentli, six- 
 teenth and eighteenlli wards of the citj- of Detroit. 
 
 LOCAL OPTION LAW. 
 
 An Act to prohibit tlie manufacture, sale, lieeping 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 covin- 
 ties of this state under certain circumstances; to authorize the 
 qualified 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, keep- 
 ing 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, P. A. 1889.] 
 
 The People of the State of Michigan enact: 
 
 Local option, (640) § 5412. SECTION 1. It shall be unlawful for any 
 when effective, person directlv or indirectly, himself or by his clerk, agent or 
 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 keej) 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 stale on and 
 after the first day of May next following after the adoption 
 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- 
 Proviso, mains unrepealed : Provided, however. That the provisions 
 
 druggists. pj ^j^jg section shall not apply to druggists or registered phar- 
 macists selling any such liquors under and and in compliance 
 with the restrictions and requirements imposed upon them by 
 sections 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. L., 1897, or pamphlet on manufacture and sale of spirituous liquors. 
 
LAWS RELATING TO ELECTIONS. 213 
 
 This act is not uuconslitiilional. — Feok v. Twp. Board of BloominKdalc, 
 82/ 393. Tlie amendment of the local option law by Act 183 of ISflO, is 
 not objectionalilc under tlie provisions of article 4, section 20, constitution of 
 1850, althousli the original act authorizes the hoards of supervisors to act 
 on petitions while the amendment is mandatory. — In re Wilson, 160/42. 
 
 (641) § 5413.' Sec. 2. On and after the first day of May f ™^J^™;f 
 next followino- after the ado])tion by the board of supervisors ^"^p™ ^ 
 of any oonnty of a resolution ])roliibiting the manufacture 
 of liquors and the liquor tratflc, as hereinafter provided in 
 sectifin 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. 
 
 (G42) § .5414. Sec. 3. . In order to a.scertain the will of Proceedings 
 the qualitied electors of each organized county, in regard to the^wluot'tiie 
 such prohibition, it shall be the duty of the county clerk of electors, etc. 
 the counties of this state, severally, upon written applica- 
 tion and petition filed with hint and addressed to the board Petition. 
 of supervisf)rs 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. — Rutledgo v. Supervisors of Marquette Co., 160/22. 
 
 (043) § 541.5. Sec. 4. To enable the county clerk to ^^';f;^|f'J,j''';j^^.|, 
 ascertain that the petitioners thus praying for such an elec- township 
 titni are tiualified electors of such county, and that they con- separately. 
 stitute at least one-fourth of all the electors of such county, as 
 shown by the jioll list or the returns and canvass of the last 
 jireceding general election. To enable each and every elector 
 to dcteriiiine 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, sepai-ate from those of any other township, 
 ward or election district, and that an exact copy of said jieti- signatures to 
 lion and of all the signatures thereto shall be posted in three pSblfc places, 
 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 fra"i'lcrii'.t 
 be procured, of the last preceding general election, held in of poll list. 
 
214 
 
 STATE OF MICHIGAN. 
 
 Affidavit of 
 posting. 
 
 such township, ward or election district, certified as correct 
 by the to\\Tiship, city or county clerk, as the case may require, 
 and also an affidavit or affidavits, by one or more resident 
 electors of such township, ward or election district, stating 
 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 toT^-nship, 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 
 whose 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 
 for any reason a certified transcript of any poll list shall not 
 have been procured, or if such transcript shall be defective, 
 it shall be sufticient if the whole number of all the petitioners 
 is equal to one-fourth of the number of all the qualified elect- 
 ors of sucli county, as shown by the returns or county canvass 
 of the last preceding general election. 
 
 Proviso as to 
 transcript. 
 
 If the petitions presented to the county cleric prn.ving that an election be 
 held are accompanied b.v 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 affldavlls 
 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 
 fownshlp, 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, althougli 
 his name does not appear upon the poll lists. — Werstein v. Supervisors of 
 ("alhoun Co., 1.56 / G3. 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 Gratiot Co., 
 160/31. 
 
 County clerks (644) § 5416. Sec. 5. When such petitions have been 
 tionllitc:"" jiresented to the county clerk, he shall file the same in his 
 fiffice, and when it shall api^ear upon the face thereof, and by 
 the transcripts of the poll lists, or hy reference to the returns 
 iind 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 / 087. The statute does not provide for the filing or keeping 
 
LAWS RELATING TO ELECTIONS. 215 
 
 of any separate order, distinct from that entered upon the journal, and the 
 
 provision that the lioard "shall thereupon issue an order directing that 
 
 such election be held" is complied witli by tlie service upon the officers 
 
 named in tiie act of copies of the order, and tlie pultiication 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 clcrii and cbnirmau 
 
 found at the close of the day's proceedings as recorded. The law does not, 
 
 in terms, 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. Throe of the inspectors signed 
 
 the original canvass of the' votes given in tlieir 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 miglit, in certain ca.ses. proceed and 
 
 complete the canvass. The commissioners of electiou 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. 
 
 (645) § 5417. Sec. 6. At such moetings of the board of ^^J^^'^yjl'^'^y 
 supervisors it shall be the duty of the county clerk to lay tore super- 
 before them petitions filed in his oflfice 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 ])rayed 
 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. 
 Raid order shall recite: The filing and examining of the peti f)nierfor 
 lions; the resolution determining and declaring that said ^vhatTo 
 petitions represent not less than one-third of all the qualified recite. 
 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, 
 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 ordere shall be entered in order to he 
 full upon the journal of the proceedings of the board for that Journal. """" 
 day, and the same shall be signed by the acting chairman and 
 clerk of the board before final adjournment. The county copy to he 
 clerk shall, without delay, cause a copy of such order, duly 1"^ 'nspectors 
 certified by him, to be delivered to the township clerk of "f election 
 each township, and to one of the inspectors of election of 
 each ward or election district of every city in the county, and pj^.',![■i'„["''|,o„, 
 shall also at the same time cause such order to be published published. 
 
216 STATE OF MICHIGAN. 
 
 for three successive weeks in two newspapers published in 
 the county. 
 
 Am. Id. 
 
 The purpose of the provisions of tlio act makins the determination by the 
 board of supervisors tliat the election has been prayed for b.v 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 
 
 .iournal and signed bv 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 
 remed.y 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 "without recess or adjournment," as required by section ten 
 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 certitied 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 reciuired l}y 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 da,v. 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 suljmission 
 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. Tublication 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 sulirait to the voters the 
 question of the adoption of local option, may not l)e 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 
 ofUce, 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 
 the signature was genuine and voluntary. — Kern v. Supervisors of St. Clair 
 Co., 160/11; see also Rutledge v. Supervisors of Marquette Co., 160/22; 
 Lewis V. Supervisors of Montmorency Co., 164 / 595. Tlie 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. 
 
 Baiiou who (646) § 5419. Sec. S. Tlie officers whose dut.y it is to 
 form of, etc. 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 tlie liquor traffic l)e prohib- 
 ited within the county?" 
 
 Am. 1.899, Act 183. 
 
LAWS RELATING TO ELECTIONS. 217 
 
 (647) § 5420. Sec. 9. All persons entitled under the law Quaiiflration 
 of this state to vote for sni)ervisor j<hall he deemed qualified "' "'*''=''"'*'■ 
 to vote upon the question of prohibili(Ui provided for in this 
 net. The reaistratiim of tiie (nullified electors, the hours of lifgi.stiation, 
 ojK'iiing and elosing the polls, the manner ot votuig, and ot ed, etc. 
 holding and eonducling an election under this act, and the 
 I)ower and duty of Ihe boards of regisl ration, of inspeetion of 
 election, towjaship boards and common ct)unci], and all other 
 (ifficers with reference to such election, shall be the same in 
 every respect as in the case of annual township elections, or 
 (he 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 Proviso as to 
 been once submitted and decided either way by a majority of qiestion"*^ 
 the votes of the qualified electors in any county in the state, 
 voting thereon, the same shall not he 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 
 [letition and action, be again submitted, and so on, at the 
 expiration of not less than two years after such election. 
 
 .\m. Id. 
 
 E.XI'IR.\TION OF TWO \'E.\RS : See Kcpfor v. Hillsdale Co., 109/045. 
 The two years arc political, and not calendar years. An election on April 
 :!, 1011. t'oUowing one on April 5, 1909, was valid. — Cattle Creek Brewin,g 
 Co. V. Supervisors, 166/52. 
 
 (G4S) § 5421. Sec. 10. At the close of the canvass, and stat«n|n^t "[^^ 
 after declaring the result of the vote, and without recess or inspectors.' 
 adjournment, the inspectors shall draw up a statement of 
 such result and cause a duplicate thereof to be made, which 
 stalement and duplicate, together with the poll lists, shall 
 be certified by the inspectors to be correct, and shall be sub- 
 scribed witli their names. Such statement shall set forth Contents. 
 in words at length the whole nundier 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 
 tiie majority for or against the proposition. Said statements, Tobenied. 
 together with the poll lists, shall forllnvith be filed by the 
 ins])ectors with the townshij) or city clerk, one cojn' of each of 
 which shall be filed and preserved in his office, and the other 
 Iransmitted by him to the county clerk of the county within 
 five (lavs after such vote shall be taken, and there remain on 
 file. 
 
 WITHOUT recess, etc.: This provision relative to drawing np the 
 stalement is mandatory. — Covert v. Munson, 93/005. See CJiddings v. Wells. 
 99/224. 
 
 (049) S 5422. Sec. 11. The board of supervisors of such Hoard of 
 
 V"^"; s j^— . IV,. 1 , , ,. supervisors, 
 
 county shall meet on the first Monday after such election when to 
 1o canvass the vote of the county, and shall ascertain, deter- ™tfv.as"'vote.. 
 mine and declare the result thereof. At such meeting the 
 county clerk shall lay before the board the sfatonumts of the 
 votes of the several townships, wards and election districts 
 
218 
 
 STATE OP MICHIGAN. 
 
 filed with him, as above provided. Such canvass, determina- 
 tion, and dechuatinn of the result, togethci- with a tabular 
 statement of all the votes cast, shall be entered in full upon 
 llie journal of their proceedings for that day, and the same 
 shall be signed by the acting chairman and the clerk of the 
 Proviso. board: Provided, That if any such statement or poll list 
 
 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 cinvassing 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. 
 
 In ease town- (650) § 5423. Sec. 12. In case any township, ward or 
 sha^i r^efuse to clectiou district shall refuse or neglect to hold an election 
 hold election. ^^ ^j^g fjnie or in the manner required under this act, or in 
 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 aft'ect or invalidate the result of 
 the election as determined and declared by such board. 
 
 Fcek V. Twp. Board, .S2 / 410 ; Thomas v. Abbott, 105 / 692. 
 
 (G51) § 5424. Sec. 13. When the result of the county 
 canvass shall show that a majority of all the legal voters 
 voting on such proposition shall have voted to prohibit within 
 such county the manufacture of liquors and the liquor traffic, 
 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, 
 Resoiutmn of 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 
 
 Duty of super- 
 visor.s. wlien 
 vote is in the 
 affirmative. 
 
 prohibition. 
 
LAWS RELATING TO ELECTIONS. 219 
 
 be adjonniGcl not more than ten days after such canvass. 
 Such resohitiou shall be spread in full upon the journal of Entered upon 
 their proceedings and shall .set forth in a preamble the fact^""™''' 
 that an election submitting a projjosition of prohibition as 
 aforesaid was duly held in the county; that sufficient returns 
 and statements have been canvassed by them and the result 
 thei-eof 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 when to 
 of prohibition shall take full effect in such county on the first "^ •** ^ 
 day of May next following its adoption, and shall not be sub- when not 
 ject to repeal by the board of supervisors within two years repeal.' '" 
 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 lield in accordance with the provisions of this act, shall 
 have declared against the prohibition of the manufacture of 
 li(luor and of the traffic therein, and upon the repeal of such Kesuitof 
 resolution of prohibition by the board of supervisors, all '^'^'"^^ ' **'^' 
 former susjiension and superseding of the general laws of the 
 state relative to the taxation and regulation of the manufac- 
 ture and sale of intoxicating liquoi-s, as provided in section 
 two of this act. shall cease within such county : Provided. Proviso, 
 however. That all actions which may have been brought and 
 all rights of actions which may have acci-ued before such re- 
 peal shall remain and continue to exist as fully as if no such 
 repeal had taken place. 
 
 Am. 1809, Act 183. 
 
 Feek v. Twp. Board, 82/ 414; Kecfer v. Supervisors, 109/645. As to 
 finality of determination of board of supervisors. — Haehnle Brewing Co. v. 
 Supervisors, luG / 493. SuflBciency o£ resolution adopted by the board of super- 
 visors. — I'aul V. Benzie Circuit Judge, lli9/452. The saving clause at tlie end 
 of tlie sect ion refers to criminal, as well as civil actions, and a respondent 
 senlenced under the statute was not entitled to a release on habeas corpus 
 because of a repeal of the law by an election. — In re Adler, 171 / 203. 
 
 (G.52) § 5425. Sec, 14. It shall be the duty of the clerk cierk to 
 of such board of supervisors to publish without delay, once Sf'resouu'ion. 
 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 
 adopted by the board, as provided by section thirteen of this 
 act: I'rovided. That if such pr()j)Osition shall have been provi.so. 
 decided in the negative, such publication shall not be required. 
 The said clerk shall also, without delay, forward to the sec- cierk to 
 retary of state a certified transcript of such resolution and g^reury of 
 of so much of the journal of the proceedings of the board of ^^^'pt'ot "^so- 
 supervisors as pertains to such election, including the tabular lution, etc. 
 
220 
 
 STATE OF MICHIGAN. 
 
 statement of votes, togetlicr with a copy of the afHdavit 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 lie shall spread the 
 same on the records of (he board, fullowiug the record of the 
 adoption of the resohition 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 i"ecord of such resolution of 
 prohibition and the ptiblication 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. 
 
 Record of 
 publication to 
 be evidence. 
 
 Am. Id. 
 
 DESIGN.\TION OF NEWSPAPER: The statute requires a designation 
 Ijy the board when declaring the result. A prior letting of the county print- 
 ing to certain papers is not sufflcient. The record of the proceedings is 
 fatally defective it it does not contain such a designation. — Moran v. Co. 
 Treasurer. 07 / 1 S6. 
 
 TR.\NSCRII'T : 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: SufflcietfCy 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 he thwarted 
 by his failure to properly perform a ministerial duty. — People v. Hamilton, 
 143/1. See also People v. Fisch, 164/680. 
 
 When certain 
 provisions to 
 take effect. 
 
 Proviso. 
 
 (Go3) § 3426. Sec. 15. The prohibitory provisions of this 
 act shall take effect and have full force within such county 
 of this state on and after the first day of May, immediately 
 following the adoption by the board of supervisors of sucli 
 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- 
 strued as to prohibit the sale of wine for sacramental pur- 
 poses, nor shall anything herein contained prohibit druggists 
 or registered pharmacists iiimx selling or furnishing pure 
 alcohol for medicinal, art, scientific and mechanical purposes, 
 nor prohibit the sale of M'ine 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 
 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. 
 
LAWS RELATING TO ELECTIONS. 221 
 
 (054) § 5431. Sec. 20. Any townsliip, cit.v, or county I'enaUy on 
 clerk, member of the board of registration, inspector of elec- !'efs^'nr°il!^K- 
 tion, sui>ervisor 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 there- 
 of, be adjudged guilty of a misdemeanor and shall be pun- 
 ished by a tine not exceeding two hundred dollars, or by im- 
 prisonment in the county jail not exceeding six months, or 
 both, in the discretion of the court. 
 
 (fi5o) § 5432. Sec. 21. The several officers required to compensation 
 render any service by reason of this act shall receive the same officers. 
 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. 
 
 ' (650) § 54:]3. Sec. 22. It shall be the duty of any town- when ceriain 
 ship, city or county clerk on the demand of any qualified make"opy 
 elector in the county, and on payment or tender to him of the °' p°" ''^' 
 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 hi.s township, city or county, on file in his office, for 
 which he shall be entitled to receive at the rate of fifty cents 
 for ever}' one hundred names. 
 
 (057)' § 5434. Sec. 23. The secretary of state is hereby ^^^^f^^^'^^ 
 required to prepare all suitable blank statements and poll pare^iiiank*^ 
 books to be used at elections held under this act, and to fur- pou7)oo"'s'^' 
 nish the same in sufficient numbers iipon 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 citv clerks in the county. 
 
 (058) § 5435. Sec. 24. It shall be the duty of the at- ^J'Vne?ai''to 
 tomey general to draft, or cause the same to be done, under draft blank 
 his supervision, a complete set of all the blank forms that '•"■""• 
 may be used or required xuider 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- 
 [ihlet form, with an appendix containing a copy of all such 
 blank forms. 
 
 Section 25 was added in 1R90, .Act 18.3, amended in 1909, Act 107, and re- 
 lates to the recoi'ding of sales of Uquors by druKffists. 
 
 Sections 20-39 comprise the so-called "search and seizure" act, were added 
 by Act 107 of ll'Oli ;ind do not -relate directly to elections. 
 
222 
 
 STATE OF MICHIGAN. 
 
 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, S. L. 1865.] 
 
 Holidays 
 designated. 
 
 Proviso, 
 
 Saturdays. 
 
 Proviso as to 
 suits. 
 
 Proviso as to 
 circuit courts. 
 
 The People of the State of Michigan enact: 
 
 (G59) § 4880. Section 1. The following days, namely: 
 the first day of January, commonly called New Year's day ; 
 the twelfth day of February, commonly called Lincoln's birth- 
 day; the twenty-second day of February, commonly called 
 Washington's birthday; the thirtieth day of May, commonly 
 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 iiutil 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 thank.sgiviiig, shall, for all purposes whatever as 
 regards the present ing 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 stich bills, checks and 
 notes otherwise presentable for acceptance or payment on any 
 of the said days shall be deemed to be payable and present- 
 able for acceptance or i)ayment on the secular or business 
 day next succeeding such holiday or half holiday : Provided, 
 That in construing this section, every Satuday unless 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: Provided 
 also. That in case the return or adjourn day in any suit, 
 matter or hearing before any court, officer, referee or arbi- 
 trators shall come on any of the days fii-st 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, 
 That whenever the first day of the general term of any cir- 
 cuit court, as fixed by the order of a circuit judge shall fall 
 
LAWS RELATING TO ELECTIONS. 223 
 
 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- Furtiior 
 tained shall be construed to prevent or invalidate the entry, fegaVpfocess. 
 issuance, senice or execution of any writ, 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. 
 
 Am. 1903. .\ct 2.54 ; 1903. Act 3^ : 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 / 500. 
 
 (660) § 4881. Sec. 2. Whenever the first day of Janu- ^''.^-'J^'jfjjp. 
 ary, the twelfth day of February, tlie twenty-second day of on^sunday. 
 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, ?''%'p°i;^'ete 
 That in such cases all bills of exchange, checks and promis- 
 sory notes made after the passage of this act which would 
 otherwi.se be presentable for acceptance or payment on said 
 Monday shall be deemed to be presentable for acceptance or 
 ]>ayment on the secular business day next succeeding such 
 holiday. 
 
 Added 1893, Act 185; Am. 1900, Act 246. 
 
 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. 1909.1 
 
 The People of the State of Michigan enact: 
 
 (661) Sectio.v 1. The twelfth day of October of the vear Coiumbus 
 nineteen hundred nine, and the tn'elfth day of Octoljer of holiday. 
 each year thereafter is hereby declared a public holiday to 
 be knowTi 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- Proviso. 
 strned to affect commercial paper, the making or execution paper, etc. 
 of agreements or instruments in writing, or interfere with 
 judicial proceedings. 
 
224 
 
 STATE OF MICHIGAN. 
 
 TERMS OF MEMBERS OF POLITICAL COMMITTEES. 
 
 An Act to fix the term of office of members of city and ward political 
 committees in cities having a population of over three hundred 
 fifty thousand inhabitants. 
 
 [Act 91, P. A, 1913.] 
 
 Terms of 
 office. 
 
 The People of the State of Michigan enact: 
 
 (662) Section 1. The terms of oflfice of all members of 
 any city or ward committee of any political party in any 
 city of this state having a population of over three hundred 
 fifty thousand inhabitants shall be for two years from and 
 after the first day of Januai-A- next following their election, 
 or until their successors are elected and qualified, and the 
 present members of said committees shall continue in office 
 until the first day of January in the year nineteen hundred 
 fifteen. 
 
 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. 
 
 [.ict 281, P. A. 1909.] 
 
 Nomination 
 b.y direct 
 vote. 
 
 The People of the State of Michigan enact: 
 
 (663) Section 1. Whenever any primary election shall be 
 held in this state or in any city, county, or district in this 
 state, pursuant to the pi'ovisions of this act. the nomination 
 of candidates for the offices herein named, by each political 
 party, shall be made by direct vote of the registered and 
 qualified voters of such political party in the state or in any 
 district, couuly, or city in this state, as the case may be, in 
 the manner hereinafter provided. 
 
 Am. 1913. Act 118. 
 
 See Bradley v. Bd. of State Canvassers, 154 / 274 ; Line v. Election Com'rs. 
 154/329. 
 
 Primary (664) Sec. 2. All primary elections shall, except as here- 
 
 ctmducted!""' ID otherwise provided, be conducted and regulated as near 
 
 *"^' as may be in every particular as prescribed by law for the 
 
 regulation and conduct of general elections. The provisions 
 
LAWS RELATING TO ELECTIONS. 225 
 
 of the geueral election law shall apply to primary elections 
 with respect to llie j^ivini;' of notice of registration and elec 
 tiou, in tixintv ])laccs for holding snch election, i)roviding the 
 ballot boxes with tlie necessary eqnipnienl and supplies, in 
 giving notice of meetings of boards of canvassers, iu can 
 vassing and certifying the I'csnlt of the ])rimary electimi 
 and in giving notice of primary elections except as tli<' 
 contrary may be herein expressed, and all officers i-eqnireii 
 to ]ierform 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 primai-y 
 elections shall be defrayed from the same funds from which 
 are defrayed the expenses of an election. 
 
 Am. 1911, Act 279; 1913, Act 118. 
 
 The provision tliat primary elections be conducted lilie general elections "as 
 near a.<i may lie in every particular." requires the same safeKunrds against 
 tampering with the ballola ,ns in case of genera! elections. — Rilze v. r.oaril 
 of Canvassers of Iron ciiunt.v. 172 / 423. 
 
 (Gfir)) Si;('. ?,. The words "primarv" or "primary elec- ''^'""]?-^J'", 
 tion,-' as used in this act, shall be construed to mean an elec 
 tion for the ]iuriiose of deciding by ballot who shall be the 
 nominees of political ]iarties for the offices nanied in this acl 
 or for the election by liallol of delegates to jiolilical con 
 ventions. The words "(pialilicd elector'' shall be coiistrued to 
 mean an elector \\lio is (pmlitied under the general election 
 law, to vote for a member of (he legislature in this state. 
 
 (GtiC) Sec. 4. No person shall be ]ierniitted to vote at Registered 
 any primary election held in this state, unless he shall be a may vote, 
 registered and qualified elector of this state: Provided, how- Proviso 
 ever. That any (|ualified elector may be registered and be 
 eligible to vote at any primary election if he shall appear in 
 person before the city or township clerk or other oflScer 
 in charge of the registration book, and take the oath re- 
 quired as to qualifications for registration, and request that 
 his name be registered therein. The inspectors shall register 
 any person who shall on any in-imary day appear and make 
 oath or atlfirmation to the effect that he is a qualified elector 
 in such precinct, or when they personally know him to be 
 such. Any person registered on any primary day as pre- 
 scribed herein, shall be entitled to vote at the succeeding 
 election without other registration. There shall be no other 
 registration day or days for either a primary, a general or 
 a city election, except that prescribed by the general election 
 laws and in this act. 
 
 Am. 1911, Act 279: 1913, Act 118. 
 
 Sec. 2 of the amendatory act of 1913 repeals sections 5-11. relative to the 
 enrollment of voters according to party affiliation. 
 
 (fifi?) Sec. 12. The question of the nomination of i)arty pari^- 
 candidates for city offices, in cities having a population of less Jor"c\ty''°" 
 than seventy thousand, may be submitted or resubmitted to ofBees. 
 the qualified electors of such city upon jietitioii therefor 
 signed by a number of voters of such city, which number shall 
 29 
 
226 
 
 STATE OF MICHIGAN. 
 
 Proviso. 
 
 Petition, 
 where ad- 
 dressed. 
 
 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- 
 vided, That a resubmission in any city shall not take place 
 within two years after such question has been decided either 
 aflSrmatively or negatively by a majority of the qualified 
 voters of such city voting on such proposition. 
 
 Am. 1911, Act 279. 
 
 (668) Sec. 13. The petition referred to in the preceding 
 section relative to city offices in cities having a population of 
 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. 
 
 Form of. 
 
 City clerk to 
 
 give notice. 
 
 Ballot, form 
 of, etc. 
 
 CCeO) Sec. 14. The said petition shall be substantially 
 ill 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 for resubmitted) to the 
 
 qualified electors of said city on the 
 
 (Signed) 
 
 Am. Id. 
 
 (670) Sec. 15. The said city clerk shall examine said 
 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), 
 Ihe proposition will be submitted or resubmitted to the qual- 
 ified electors of said city, referred to in such petition or peti- 
 tion.s 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 
 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. 
 
 Primary election system for the nomination of candidates 
 for offices. 
 
 r 1 Yes. 
 
 [ ] No. 
 
 The color of the ballots shall be the same as is prescribed 
 bv law for ballots for a general election. The size and form 
 
LAWS RELATING TO ELECTIONS. 227 
 
 of the ballots other than as herein directed, shall be pre 
 scribed by the said board of election comuiissioners. The Canvass, 
 votes cast at such election shall be canvassed, and retiu-ns 
 thereof made in like manner as is provided for the canvassing 
 of votes and the making of retnrns of anv general election 
 in such county or city by the tenns of existing law. All can- circuit judges. 
 didates for circuit judge shall be selected in accordance with 
 the ])rovisions of (his act: Provided, That all duties iniiiosed Proviso. 
 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 Primari^. 
 for circuit judge shall be held on the first Wednesday in ^ *" 
 March prior to the election. The vote cast for candidates in Canvass. 
 judicial di.stricts shall be counted and canvassed in the same 
 manner as the vote cast on the election of circuit judge. 
 
 Am. Id. 
 
 (671) Sec. 16. A general primary election for all political August 
 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 registered and qualified voters 
 of each political party shall vote for party candidates for the 
 oflSce of governor, lieutenant governor, and United . States 
 senator : Provided, That no nomination for the oflSce of Proviso. 
 United States senator shall be made, unless such oflScial is 
 to be elected at the next session of the legislature. A gen- March 
 eral primary election for all political parties shall also be "" 
 held on the first Wednesday in Marcli prior to the spring 
 election at which time the registered and qualified voters of 
 each political party shall vote for candidates for county 
 oflfices 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 proviso, 
 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 pri- 
 mary election in such city shall be held on the third Tues- 
 day prior to the charter election and all nf the provisions of 
 this act shall be made applicable thereto. Whenever a regu- 
 lar 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 regu- 
 lar or special primary election: Provided, That the provi- Proviso, 
 sions of this act shall not apply to any city which may have fonlfof °" 
 or which may hereafter adopt a commission form of govern- Kovemment. 
 ment or in which city officers are elected on a non-partisan 
 
228 
 
 STATE OF MICHIGAN. 
 
 Special 
 election. 
 
 ballot, except as the charter of such city may make the pio- 
 visious hereof applicable. Whenever a special election slinll 
 be called to iill any vacancy in any oflSce, the candidates fur 
 which are regularly nominated in accordance with the pro- 
 visions of this act, a special primary election for all political 
 parties sliall be held in the city, county or district in which 
 such vacancy occurs, on such day as may be fixed by the au- 
 thority calling the special election but not le.«s than ten 
 days prior to the date of such special election. In the case 
 of a special primary election, it shall be the duty of the 
 proper board of election commissioners to prepare the nec- 
 essary number of ballots for every political party participat 
 ing in the last preceding regular primary election. The pro- 
 visions of this act, relative to the printing, distribution, etc., 
 of primary election ballots shall be applicable to the ballots 
 prepared for use at a special primary election. The ballots 
 shall be pi"epared in such manner that the voters of each 
 political party may write, print or paste the name of a candi- 
 date thereon. The name of a candidate shall not be printed 
 upon any ballots prepared for use at a special primary elec- 
 tion. The provisions of this act shall be applicable in all 
 particulars to special primary elections except as the con- 
 trary is indicated in this section : Provided, That 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. 
 
 Ballots. 
 
 Proviao, 
 slips, etc. 
 
 Am. 1911, Act 279; 1913. Act 118. 
 
 The provisions as to special elections apply only to such as are railed to 
 fill a vacancy, and petitions to nominate candidates for circuit .iudffe are 
 properly received and filed I)y the secretary of state pursuant to this section. 
 — Oren' v. Secretary of State, 171 / 590. 
 
 Congressmen, (672) Sec. 17. In evcry congressional district in this state 
 nomination of. fjip^e shall be nominated at the said August primary election, 
 by direct vote of the registered and qualified voters of each 
 jjolitical party within such district, a party candidate for 
 state senators, representative in congress. In every senatorial district in 
 this state there shall be nominated at the said primary 
 clection, by direct vote of the registered and qualified voters 
 of each political party within such district, a party candidate 
 for state senator. In every representative district in this 
 state there shall be nominated at the said primary election, 
 by direct vote of the registei-ed and qualified voters of each 
 political party within such district, a party candidate 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 of the 
 
 state repre- 
 sentatives. 
 
 County 
 officers. 
 
LAWS RELATING TO ELECTIONS. 220 
 
 registered and qualiiicd voters of each political party within 
 f-uch county, party candidates for county oflSces to be voted 
 for at the November election following. In every city of cityoffipors. 
 the state having a population of seventy thousand or more, 
 there shall be nominaled 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 tl'.e registered and 
 qualified voters of each political party within such city or 
 county, i)arty candidates for ward, city or county offices. 
 In any city in this state having a population of less than 
 seventy thousand in which the voters have decided in accord- 
 ance with the pi'ovisions of this act, in favor of direct nomi- 
 nations of party candidates for city offices, when such oflSces 
 ai'e to be voted for at the November election following, there 
 siiall be nominated at the said primary election by direct 
 vote of the I'egistered and qualified voters of each political 
 party within such city, party candidates for city ofiflces: 
 I'rovided, That if upon the expiration of the time for filing proviso. 
 petitions in any primary' for city or county, it appears that 
 (here is no opposition to any candidate for any office, upon 
 any ticket, then the city or county clerk, as the case may be, 
 shall certify to the board of election commissioners, the 
 names of all persons whose petitions have been properly filed, 
 and the office for which such petitions were filed, and such 
 persons shall be declared by such board of election com- 
 missioners nominees for the respective offices and such 
 clerk shall forthwith notify the sheriff of the county and 
 the several clerks of the townships interested, if anj', and 
 give notice that the primary will not be held as contemplated, 
 giving the reasons therefor, and a public notice shall be given 
 of such determination by a brief notice published by such 
 clerk in a newspaper published in such county : Provided, Proviso. 
 That if upon the expiration of the time for filing petitions 
 in any primary, the secretary of state shall find within a 
 given district that there is no opposition for any office upon 
 any ticket, he shall forthwith give notice to the clerks of 
 the several counties embraced, forthwith certifying the names 
 of the candidates and the office to which they aspire, to the 
 state board of canvassers, who shall declare them the nomi- 
 nees for the respective offices, and shall give notice to the 
 clerks of tlie several counties embraced in such district, 
 and if the clerk shall find that there is no opi)Osition for any 
 office upon any ticket for a county office, then it shall be the 
 duty of such clerk to forthwith give notice to the several 
 township clerks interested that a primary will not be held 
 as cont('ni]>lated, but in no event shall a jn-inKiry election be 
 abandoneil in any townsliip, city, county or district wherein 
 there shall bo opposition for any office, upon any ticket. In 
 those instances in which the duties of two officers are com 
 
230 
 
 STATE OF MICHIGAN. 
 
 biued, all noniinatiuu i)etitions shall include and name the 
 two offices. 
 
 Am. Id. 
 See Dykstr.T 
 
 V. Uolden, ISl / 289. 
 
 Delegates to 
 
 county 
 
 convention. 
 
 Apportion- 
 ment. 
 
 Proviso. 
 
 (673) Sec. 18. There shall also be elected at the August 
 primary, by direct vote of the registered and qualified voters 
 of each political 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 political party within said county in that 
 year for the purpose of electing delegates to the state con- 
 vention called for the purpose of nominating candidates for 
 state oflSces, 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 delegates 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 num- 
 ber of delegates to which such county shall be entitled in 
 the state convention of such party ; and the said state central 
 committee shall apportion such delegates to the several coun- 
 ties 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 ujwn the official pri- 
 mary election ballot, but one or more such names may be 
 placed on such ballot by printed slips pasted thereon by the 
 voter. The county committee shall in its call indicate whether 
 delegates are to be selected 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 
 cliairman of the toT\Tiship, ward or city committee as the case 
 may be, shall notify by mail each person elected as a dele- 
 gate to the county convention: Provided, That when a pri- 
 mary election is not held prior to the spring election dele- 
 gates to the county convention shall be selected in a conven- 
 tion. 
 
 Am. Id. 
 
 Ballots, who 
 to prepare. 
 
 (GT4) Sec. 19. It shall be the duty of the board of elec- 
 tion commissioners of each county in this state to prepare and 
 furnish the necessary official primary election ballots except 
 for city offices which may be required for use at the August 
 
LAWS RELATING TO ELECTIONS. 231 
 
 primary. 8ucli ballots shall contain the instructions as to 
 the method of voting. Ballots other than those iuinished by 
 the board of election commissioners, according to the pro- 
 visions of this act, sliall 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 board of election 
 commissioners shall prescribe. It shall not be lawful for the 
 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 pei-son 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 ballots in any other form than 
 the one prescribed by this act, or with any other name there- 
 on, 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: Pro- proviso, 
 vided. That it shall and may be lawful for the chairmen of ilaTiots''""' 
 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 instruction of voters; and said colored ballot to have 
 printed at the head the words, "Instruction Primary Ballot." 
 
 Am. Id. 
 
 See Line v. Bd. of Election Com'rs, 154/329. 
 
 (G75) Sec. 20. The said ballots so prepared by the board Names 
 of election commissioners in each county shall include the {JaUot's^ "" 
 names of all candidates for tbe particular irolitical party for 
 the otMce of governor, lieutenant governor and United States 
 senator, and shall include the names of all caudidates for dis- 
 trict offices, and in each county the names of all candidates 
 for county offices. Pi-oof copies of the ballots so prepared proof copies 
 shall be placed on file in the office of the county clerk, at camiwatl^'' 
 least ten days prior to each primary election, and one proof 
 cojiy of such ballot shall be sent by registered mail with re- 
 turn receipt demanded to each candidate at his last known 
 address whose name appears upon such ballot. It shall 
 be the duty of the board of election commissioners to cor- 
 rect such errors as may be called to their attention. No can- 
 didate 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 accord- 
 ing to the provisions of this act and all other requirements 
 of this act have been complied with in liis behalf. The said Delegates, 
 ballots shall also contain 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 delegates 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 
 
232 
 
 STATE OF MICHIGAN. 
 
 political party shall be counted unless prepared and voted 
 under authority of this act. 
 
 Am. 1911, Act 279; 1913, Act 13. 
 
 f;ouiity 
 chairman 
 to certify 
 number of 
 delegates. 
 
 Election com- 
 missioners, 
 duty of. 
 
 (G70) Sec. 21. The cliaiiiiian of the county coniuiittee of 
 each political party shall certify to Ihe 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 parly to be held in said county 
 iu said year for the purpose of electing delegates to a state 
 convention 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 popiUation 
 of less than seventj' thousand, in which the voters have 
 adopted the provisions of this act, to prepare the necessary 
 election ballots for use of the registered and qualified voters 
 of less than seventy thousand, in which the voters have 
 shall be governed by the same rules as are prescribed for 
 the preparation of ballols by the board of election commis- 
 sioners of the county. The ballols so prepared by the board 
 of election commission ei"s of any city shall be separate from 
 any other ballot. 
 
 Am. 1911, .\ct 
 
 1913, Act 118. 
 
 Ballots, 
 number of. 
 
 Pamphlet 
 copies of act 
 to be printed, 
 etc. 
 
 How ballot 
 prepared. 
 
 (G77) Sec. 22. The number of ballots to be printed for 
 use at any primary election in any election precinct shall 
 be at least twenty-five per centum more than the total num- 
 ber of votes cast therein at the last preceding election for sec- 
 retary of state. 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. 
 
 .\m. 1913, Act lis. 
 
 (678) Sec. 23. It shall be the duty of the secre- 
 tary of state to cause to be printed pamphlet copies of this 
 act and to furnish to the county clerk of each count.y and 
 to the city 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 iu the particular city or county 
 at the same time that other supplies for an election are fur- 
 nished. 
 
 (G79) Sec. 24. The official primary election ballot shall 
 lie prepared in thefollowing manner: There shall be printed 
 at the top, and to the right of the ballot in large type, the 
 words "Official Primary Election Ballot." Underneath shall 
 he printed the date of the election at which the ballot is to 
 be used, followed, when necessary, by the designation of the 
 political subdivision, as county, district, city, ward, etc. At 
 
LAWS RELATING TO ELECTIONS. 233 
 
 the top and to the left of the ballot shall be printed the 
 instructions to voters. Then shall follow the names of the 
 jiolitical parties, each at the head of a se])arate colnmn and 
 directly under such name a circle one half inch in diameter. 
 The party having the o-reatest number of votes within the 
 state at the last pi-eceding general election as shown by the 
 votes cast thereat for secretary of state shall be placed first 
 on the ballot, the position of the other tickets to be governed 
 relatively by the same rule. T^nder such heading shall appear 
 the names of the candidates seeking nomination in that par- 
 ticular party. The order of the offices on the ballot shall 
 be the same, as far as may be, as is required by law in mak- 
 ing up the ballot for a general election. The title of the office 
 shall be immediately above the name 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 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 separate each office division clearly. The names 
 under heading designating each official position where there 
 are more names than there are persons to be nominated for 
 that office shall be alternated on the ticket of each party 
 casting at least ten per centum of the votes cast in the 
 county or political subdivision at the preceding November 
 election for the office of secretary of state and printed in 
 the following manner: 
 
 First. The forms shall be set up with the names of such Names. 
 candidates arranged alphabetically, in order according ^^ "^ "'™'' '"'''" • 
 surnames. In printing each set of tickets for the several 
 election precincts, the position of the names shall be changed 
 in each office division, as many times as there are candi- 
 dates in the office division in which there ai*e the most 
 names. As nearly as possible an equal number of tickets 
 shall be printed after each change. Tn 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 in 
 position, and shall then be piled by taking one from each 
 pile and placing it upon the pile to be trimmed, the inten- 
 i ion being that every alternate ballot in such pile shall have 
 the names in a different position. After the pile is made in 
 this manner, the ballots shall be numbered consecutively on 
 the uy)per right hand corner upon the front of the ballot, 
 with a perforated line across said comer, underneath the 
 same number, so that the corner with the number can be 
 torn off. After the ballot [ballots] shall be trimmed and done 
 
234 STATE OF MICHIGAN. 
 
 up in seal [sealed] packages and distributed for use at the 
 primary election the same as is required by law for the dis- 
 Formof tribution of ballots at the general election. The ballots shall 
 
 ballot. ijg prepared iu substantially the following form: 
 
LAWS RELATING TO ELECTIONS. 
 
 235 
 
 INSTRUCTIONS TO VOTERS. 
 
 FIRST, Designate your party by maklnc a cros«i 
 (X) in the circle at the head of tne ticket you wish to 
 vote. 
 
 SECOND, Place a cra'« (X) in the square at the 
 lert of the names of as many candidates, in your 
 parly column, as there are to be nominated for each 
 office. 
 
 IMPORTANT— DO NOT VOTE FOR ANY CANDIDATE NOT IN YOUR PARTY COLUMN. 
 If you do so it will void your ballot so far as nommations for thiit particular office are concerned 
 
 OFFICIAL PRIMARY ELECTION BALLOT. 
 
 For the Primary Election to be held 19. . . . 
 
 in the District of the Ward of the City 
 
 of 
 
 (Ward or township) (Village or county) 
 
 REPUBLICAH 
 
 o 
 
 HATIOHAL 
 
 DEMOCRAT 
 
 o 
 
 RATIONAL 
 
 Nat'l Progressive 
 
 o 
 
 NATIONAL 
 
 PROHIBrnON 
 
 o 
 
 NATIONAL 
 
 SOCULIST 
 
 o 
 
 NATIONAL 
 
 United States Senatoi 
 Vote for one 
 
 United States Senatoi 
 Vote for one 
 
 United States Senator 
 Vote for one 
 
 United States Senatoi 
 Vote for one 
 
 United Stales Senator 
 Vole for one 
 
 [ ] JOHN DOE 
 
 [ ] JOHN DOE 
 
 [ ] JOHN DOE 
 
 [ ] JOHN DOE 
 
 [ ] RICHARD ROF 
 
 [ ] JOHN DOE 
 
 [ ] RICHARD ROE 
 
 [ ] RICHARD ROE 
 
 [ ] RICHARD ROF 
 
 [ ] RICHARD ROE 
 
 [ ] JAMES POE 
 
 [ ] JAMES POE 
 
 [ ] JAMES POE 
 
 [ ] JAMES POE 
 r 1 
 
 [ ] JAMES POE 
 
 r 1 
 
 r 1 
 
 r 1 
 
 r 1 
 
 I J 
 
 I J 
 
 1 J 
 
 L J 
 
 L J 
 
 STATE 
 
 STATE 
 
 STATE 
 
 STATE 
 
 STATE 
 
 Governor 
 Vote for one 
 
 Governor 
 Vote for one 
 
 Governor 
 Vote for one 
 
 Governor 
 Vote for one 
 
 Governor 
 Vole for one 
 
 [ ] JOHN DOE 
 
 [ ] JOHN DOE 
 
 [ ] JOHN DOE 
 
 [ ] JOHN DOE 
 
 [ ] JOHN DOE 
 
 [ ] RICHARD ROE 
 
 [ ] RICHARD ROE 
 [ ] JAMES POE 
 
 [ ] RICHARD ROE 
 
 [ ] RICHARD ROE 
 
 [ ] RICHARD ROE 
 
 [ ] JAMES POE 
 
 [ ] JAMES POE 
 
 f ] JAMES POE 
 
 [ ] JAMES POE 
 
 r 1 
 
 r -\ 
 
 f 1 
 
 r 1 
 
 r 1 
 
 I J 
 
 L J 
 
 L J 
 
 L J 
 
 L J 
 
 CONGRESSIONAL 
 
 CONGRESSIONAL 
 
 CONGRESSIONAL 
 
 CONGRESSIONAL 
 
 CONGRESSIONAL 
 
 Representative in 
 
 Congress District 
 
 Vote for one 
 
 Representative in 
 Congress . . District- 
 Vote for one 
 
 Representative in 
 
 Congress , . District 
 
 Vote for one 
 
 Representative in 
 
 Congress , . District 
 
 Vote for one 
 
 Representative in 
 
 Congress . . District. 
 
 Vote for one 
 
 [ ] JOHN DOE 
 
 [ ] JOHN DOE 
 
 [ ] JOHN DOE 
 
 [ ] JOHN DOE 
 
 [ ] JOHN DOE 
 
 [ ] RICHARD ROE 
 
 [ ] RICHARD ROE 
 
 [ ] RICHARD ROE 
 
 [ ] RICHARD ROE 
 
 [ ] RICHARD ROE 
 
 [ ] JAMES POE 
 
 [ ] JAMES POE 
 r 1 
 
 [ ] JAMES POE 
 
 [ ] JAMES POE 
 
 r 1 
 
 [ ] JAMES POE 
 
 r 1 
 
 r 1 
 
 r 1 
 
 I J 
 
 I J 
 
 L J 
 
 L J 
 
 I J 
 
 LEGISLATIVE 
 
 LEGISLATIVE 
 
 LEGISLATIVE 
 
 LEGISLATIVE 
 
 LEGISLATIVE 
 
 State Senator .... 
 
 District 
 
 Vote for one 
 
 Slate Senator . . 
 
 District 
 
 Vote for one 
 
 State Senator .... 
 
 District 
 
 Vote for one 
 
 Slate Senator . . . 
 
 District 
 
 Vote for one 
 
 Slate Senator 
 
 District 
 Vote for one 
 
 [ ] JOHN DOE 
 
 [ ] JOHN DOE 
 
 [ ] JOHN DOE 
 
 (■ ] JOHN DOE 
 
 [ ] JOHN DOE 
 
 [ ] RICHARD ROF 
 
 [ ] RICHARD ROE 
 
 [ ] RICHARD ROE 
 
 [ ] RICHARD ROE 
 
 [ ] RICHARD ROE 
 
 r 1 
 
 r 1 
 
 r 1 
 
 r 1 
 
 r •! 
 
 I J 
 
 L J 
 
 L J 
 
 L J 
 
 I J 
 
 COUNTY 
 
 COUNTY 
 
 COUNTY 
 
 COUNTY 
 
 COUNTY 
 
 Judfte of Probate 
 Vote for one 
 
 Judge of Probate 
 Vote for one 
 
 Judge of Probate 
 Vote for one 
 
 Judge of Probate 
 Vote for one 
 
 Judge of Probate 
 Vole for one 
 
 [ ] JOHN DOE 
 
 [ ] JOHN DOE 
 
 [ ] RICHARD ROE 
 
 [ ] JOHN DOE 
 
 [ ] JOHN DOE 
 
 [ ] RICHARD ROE 
 
 r 1 
 
 [ ] JOHN DOE 
 
 [ ] RICHARD JlOE 
 
 [ ] RICHARD ROE 
 
 [ ] RICHARD ROE 
 
 r 1 
 
 r 1 
 
 r 1 
 
 r 1 
 
 I J 
 
 L J 
 
 L J 
 
 L J 
 
 L J 
 
 Am. I'Jia. .\ct lis. 
 
236 
 
 STATE OF MICHIGAN. 
 
 Signatures 
 required tor 
 certain 
 officers. 
 
 District 
 officers. 
 
 Proviso. 
 
 (680) Sec. 25. To obtain the printing of the name of 
 any candidate of any political party for United States sena- 
 tor or for governor or lieutenant governor mider the particu- 
 lar party heading upon the official ballots for any primary 
 election held in this state, pursuant to the provisions of this 
 act, there shall be filed with the secretary of state nomina- 
 tion petitions, signed by a number of registered and qualified 
 voters residing in this state, equal to not less than two per 
 centum nor more than four per centum of the number of 
 votes that such parly cast for secretary of state at the last 
 preceding November election. 
 
 Am. Id. 
 
 (681) Sec. 26. To obtain the printing of the name of 
 any candidate of any political party for any district office 
 under the particular party heading upon the primary elec- 
 tion ballots 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 registered and qualified 
 votere equal to not less tban two per centum nor more than 
 four per centum of the number of votes that said party cast 
 therein 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 candidate of any political party under the 
 particular party heading upon the primai'y election ballots 
 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 registered and qualified voters 
 residing in such district equal to not less than two per centum 
 nor more than four per centum of the number of votes that 
 the party cast therein for secretary of state at the last pre- 
 ceding November election : Provided, That when there are 
 two or more candidates for representative in the state legis- 
 lature 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 under the particular 
 party heading upon the primary election ballots in the various 
 voting pi'ecincts 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 regis- 
 tered and qualified voters residing in such district, 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. 
 
 Am. Id. 
 
 County 
 officer.s. 
 
 (682) Sec. 27. To obtain the printing of the name of 
 any candidate of any political party for a county office under 
 
LAWS RELATING TO ELECTIONS. 237 
 
 the particular part^- heading upou the oflicial primary elec- 
 tion ballots in the various voting precincts of a county, there 
 shall be tiled with the county clerk of said county nomination 
 petitions signed by a number of registered and qualified 
 voters, who reside in the county, equal (o not less than 
 two i)er centum nor more than four per centum of the num- 
 ber of votes that such i)()litical party cast in such county for 
 secretary of state at the last preceding November election. 
 To obtain the printing of the name of any candidate of any city ofiioers. 
 political party for a city oflice including all ward oflQces 
 under the jiarticular party heading on the ofQcial 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 registered and qualified voters of 
 such politici'.l 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 elec- 
 tion. All said nomination petitions may be signed by regis- who may sign. 
 tered and qualified voters 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 ofdce, or any 
 part of a district for a district office, or any part of the 
 state for a state office: I'rovided, That in cities or counties proviso 
 of two hundred fifty thousand population or more, in lieu 
 of the above petition, a petition therefor, signed by the can- 
 didate, which shall state the name of the candidate, his resi- 
 dence, street, bouse number and the political party of which 
 he is a member, and the office sought, may be filed with 
 the clerk of the county or city whei'e said candidate resides, 
 as herein provided. Such candidate shall at the time pay 
 to the clerk of the city or county, as the ca.se may be, a 
 sum of money equal to one half of one per centum of the sal- 
 ary and fees of the preceding year of such office, the amount 
 thereof to be ascertained or estimated as nearly as may be 
 by such clerk; and upon complying with the above pro- 
 visions such candidate's name shall be printed upon the 
 primary ballot, if otherwise (jualified. 
 
 Am. l'.)ll, .\ct 279; 1913, Act 118. 
 
 (683) Sec. 28. To obtain the printing of the name of united states 
 any candidate of a new political party for United States '^"''""'' ^"■■ 
 senator, goveraor or lieutenant governor under the particular 
 party heading on the official primary election ballots in the 
 various voting precincts of this state, nomination petitions 
 signed by at least three thousand registered and qualified 
 voters residing in the state, shall be filed with the secretary 
 of state. To obtain the printing of the name of any candi- Newpart.v 
 date of a new political party for a district, county or city <:a°^''ia'es 
 office, under the particular party heading on the official 
 primary election ballots in the various voting precincts of 
 such district, county or city, as the case may be, such can- 
 
238 
 
 STATE OP MICHIGAN. 
 
 didate shall file noiuinatiou petitions with the secretary of 
 state, county clerk or city clerk, as the case may be, signed 
 by at least one hundred registered and qualified electors re- 
 Proviso. siding in such district, county or city : Provided, That any 
 
 qualified and registered elector who resides in the particular 
 district, county or city as the case may be, may sign the 
 nomination jietilion of any candidate representing a new 
 political party. 
 
 Am. Id. 
 
 Form of 
 petition. 
 
 (684) Sec. 29. All nomination petitions shall be in the 
 following form : 
 
 We, the undersigned registei'ed and qualified voters afiili- 
 ated with the party and resi- 
 dents of the city of , or the 
 
 township of in the county of 
 
 and state of Michigan, hereby nominate , 
 
 who resides at No street, city of 
 
 , or in the township of , 
 
 in the county of , as a candidate of 
 
 the party for the office of 
 
 , to be voted for at the primary 
 
 election to be held on the ^ . , day of , 
 
 as representing the principles of said party. 
 
 Name. Kesidence. Street number (in cities having street 
 Nos.) 
 
 Date of signing. 
 
 Electors not 
 to sign more 
 than one 
 petition. 
 
 Am. 1913, Act 118. 
 
 (685) Sec. 30. It shall be unlawful for any registered 
 and qualified voter to sign more than one such nominating 
 petition for the same office except where there are two or 
 more candidates to be nominated for the same office, when 
 he may sign as many petitions as there are persons to be 
 elected to such office." The same rule shall apply to qualified 
 electors in the signing of petitions of candidates of a new 
 political party. It shall be unlawful for any candidate to 
 wilfully and intentionally ju-ocure more names upon nomi- 
 nation petitions than the maximum number prescribed in 
 this act. The various county clerks and city clerks shall pre- 
 pare and keep on hand blank fonns of nomination petitions 
 for the use of the voters and candidates in said city or 
 county. Nothing herein contained shall be construed to pro- 
 hibit any candidate from having his own nomination peti- 
 tions printed, but they must comply substantially with the 
 
 ^ above form. All sucii nomination petitions shall be open 
 
 'ftiiong" "^ to public inspection and subject to examination after being 
 pe 1 long. ^^^^ .^ ^^^ ^^^^ ^^ Secretary of state, county clerk, or city 
 clerk, in accordance with such reasonable rules and regula- 
 tions as may be prescribed by such officers. The various 
 
 Public 
 
LAWS RELATING TO ELECTIONS. 239 
 
 officers named herein shall keep a public record of the nomi- 
 nation petitions filed in a book for that purpose, which record 
 shall indicate the names of the candidates, the oflSces sought, 
 and the dates when such nomination petitions were filed. 
 
 Am. Id. 
 
 (G86) Sec. 31. The secretaiy of state and the various petitiong, 
 county clerks and the city clerks of cities in whick city ofti- fii'ngo'- 
 cers are to be elected at the November election shall receive 
 nomination petitions filed in accordance with the provisions 
 of this act up to four o'clock, standard time, in the after- 
 noon of the thirtj' -first day before the August primary, and in 
 counties, districts and cities where district and local officers 
 are elected at a time other than the November election, the 
 county and city clerk thereof or the secretary of state shall 
 receive nomination petitions filed in accordance with the 
 provisions of this act up to four o'clock, standard time, in 
 the afternoon of the twenty-first day before the time desig- 
 nated for holding a primary election in such district, county 
 or city. The secretary of state, or county or city clerk shall candidates, 
 forthwith prepare and publicly expose in his office a list "^' °' 
 of the candidates for offices named in the nomination peti- 
 tions filed in his office, as near as may be, as they will appear 
 upon the official primary election ballots : Provided, That if proviso. 
 any nomination petitions contain more than the necessarj' 
 percentage of names hereinbefore referred to, the excess over 
 and above the necessary four per centum shall not be consid- 
 ered nor counted. The said secretary of state, or county or certification, 
 city clerk, shall forthwith, after the last day named herein 
 for receiving and filing nomination petitions, certify to the 
 proper board or boards of election commissioners in such city, 
 county, district or in the state and to the proper county 
 clerk, the names and postoffice addresses of all party candi- 
 dates whose petitions meet the requirements of this act, to- 
 gether with the name of the political party and the office 
 for which they are candidates. In case it is determined that DeDcient 
 the nomination petitions of any candidate do not comply p®""""^- 
 with the requirements of this act, or if for any other cause 
 such candidate is not entitled to have his name printed upon 
 the official primai-y election ballots, it shall be the duty of 
 the secretary of state or county or city clerk to immediately 
 notify such candidate of such fact, together with a state- 
 ment of the reasons why his name was not certified to the 
 respective boards of election commissioners. 
 
 Am. 1911, Act 279. 
 
 (687) Sec. 32. All primary elections for the nomination primary 
 of party candidates for office shall be held by election pre- h^'hew, 
 cincts the same as general elections are held, and the polls etc. 
 thereof shall be kept open in the respective precincts for the 
 same length of time: Provided, That in any city of five Proviso, 
 
 cert&Ln cities 
 
 thousand population or over, the polls of the primary election 
 
240 
 
 STATE OF MICHIGAN. 
 
 Further 
 proviso. 
 
 Klection 
 ioapectorp. 
 
 shall be kept open until eight o'clock p. m. standard time, 
 and in cities having a population of two hundred thousand 
 or more, the polls shall be kept open until ten o'clock p. m., 
 standard time: Provided further. That the township l3oard 
 of any township or the common council of auy city of less 
 than five thousand population may direct that the polls be 
 held open until eight o'clock p. m., standard time. 
 
 M)S8) Sec. 33. Each primary election shall be presided 
 over by a board of primary election inspectors, which board 
 shall be composed of the members of the board of election 
 inspectors provided for under the general election law. The 
 provisions of the general election law relative to the furnisJi- 
 iug and distribution of ballots, tally sheets, pencils, ballot 
 boxes, arrangement of booths, initialing of ballots, powers and 
 duties of inspectors, manner of conducting the election, and 
 all other matters shall be applicable hereto except insofar 
 a.'s the provisions thereof may be inconsistent herewith : Pro- 
 vided, however, That the number of pei*sons constituting a 
 board of primary election inspectors and the gate keepers 
 )iiay in the discretion of the townsJiip board or common coun- 
 cil of cities, be reduced to such a number as may be actually 
 necessary to properly perform the duties thereof and in case 
 the number is reduced said board or common council shall 
 designate who shall act. 
 
 Proviso. 
 
 Challenged 
 voter. 
 
 Oath. 
 
 Am. 1911, Act 279; 1913, Act 118. 
 
 ffiS9) Sec. 34. After the polls are opened at a primary 
 election, auy elector who is legally registered and qualified, 
 shall, before entering the booth, be furnished a ballot. It 
 shall be competent for any registered and qualified voter or 
 primary election inspector present to challenge the right of 
 any one offering to vote, on the ground that he is not a legal 
 voter in that precinct. When the right of any voter to a bal- 
 lot is challenged he shall be required to take and subscribe 
 an oath that he is a registered and qualified voter. Such oath 
 shall be in the following form: 
 
 I hereby solemnly swear (or affirm) that I am a resident 
 and registered and qualified elector, and possess the qualifica- 
 tions of a legal voter, in the township of 
 
 or in the precinct of the 
 
 ward of the city of 
 
 If the challenged voter takes and subscribes to the above 
 oath he shall then receive the ballot for which he has asked 
 and be entitled to vote it, the same as if his vote had not been 
 challenged; but unless a challenged voter takes and sub- 
 scribes to the above oath, he shall not be permitted to vote 
 at such primary election. If any peivson who takes the fore- 
 going oath, swears falsely, he shall upon conviction thereof, 
 be subject to all the pains and penalties of perjury. The 
 provisions of section three thousand five hundred twenty -two 
 of the compiled laws of eighteen hundred ninety-seven are 
 
LAWS RELATING TO ELECTIONS. 241 
 
 expressly made applicable hereto. A record shall be kept of 
 auy primary ballot cast by any voter whose right to vote 
 has been challenged, in a similar manner to that provided in 
 the general election law. 
 
 Am. 1913, Act 118. 
 
 (690) Si:e. 35. The voter after having received his ballot Marking of 
 shall enter a booth, and while there concealed from view pre- ^ "'' 
 jiare snch ballot by making a cross in the circle beneath 
 
 ihe heading of the party colnmn of the ticket he desires to 
 vote and then making a cross in the square at the left of the 
 names of snch candidates in such column as he may desire to 
 vote for, but in no case for more candidates for any office 
 than is indicated under the title of such office. He maj', 
 however, vole for any person whose name is not printed in 
 such column by inserting such other name in such manner 
 as shall make it a substitute for any name which is printed 
 therein or where no candidate's name apj)ears in such column. 
 He shall then fold the ballot so that the perforated corner Folding. 
 bearing the ballot number shall be on the outside, and present 
 it to the projjer inspector, who shall tear off the number 
 and deposit the ballot in the ballot box. When a voter asks 
 for a ballot the inspector shall enter his name upon the poll 
 list, and the number of his ballot, before the same is given 
 to the voter and the inspector receiving the ballot shall be- 
 fore depositing it in the box, ascertain by comparison with 
 the poll list whether it is the same ballot given to such 
 voter, and if it is not the same ballot he shall reject it and 
 such voter shall not be allowed to vote at such primary elec- 
 tion. If it is the same ballot the inspector shall deposit the 
 same in the ballot box. If any voter shall, after marking 
 his ballot, so expose it to any person as to reveal the name 
 of any candidate voted for thereon, such ballot shall be re- 
 jected and such voter shall forfeit the right to vote at such 
 primary election, and a brief minute of such occurrence shall 
 be made upon the poll list opposite the name of such voter. 
 Challengers appointed by the several political parties shall challengers. 
 be allowed to be present with the same powers as are pro- 
 vided by law for general elections. 
 
 Am. Id. 
 
 Ballots should not be rejected on recount because of the failure of the 
 inspectors to place opposite the names of the voters on the poll list the 
 numbers of their ballots, unless the irregularity was fraudulent. — Abbott v. 
 Montcalm Co. Canvassers, 172 / 416. 
 
 (691) Sec. 36. After the closing of the polls on the day counting of 
 of holding any primary- election, the ballots shall be counted baUots. 
 
 as provided by law for the counting of the ballots of any 
 regular election. In counting such ballots only those can- 
 didates for nomination to office who have a cross made in 
 the square at the left of their names shall be deemed to have 
 been voted for, and any ballot upon which the voter fails to 
 indicate his party choice by making a cross in the circle 
 31 
 
242 
 
 STATE OF MICHIGAN. 
 
 at the head of the party column shall [be counted:] Pro- 
 vided the voter does not vote for any candidate in more 
 than one party column, but if the voter votes in more than 
 one party column the ballot shall be void and shall not be 
 counted and any ballot upon which more candidates for 
 any office have been voted for than may, by law, be elected 
 to such office, or any ballot upon which any candidate is 
 voted for outside the party column designated by the voter 
 as his party ticket by the placing of a cross in the circle at 
 the head of such ticket shall be rejected as to all names ap- 
 
 Deiegates. pearing for that office. The required number of electors who 
 received the highest number of votes for delegates to the 
 county convention of any political party shall be declared 
 by the board of primary election inspectors to be elected. 
 Said board shall certify to the county clerk the names of 
 the electors so elected as delegates, naming the political 
 party upon whose ballots such electors were elected. Said 
 board shall also certify to each delegate so elected, his elec- 
 
 How certified, tlou as such delegate. The county clerk shall certify to the 
 chairman of the county committee of each political party of 
 the county the delegates elected by each political party as 
 delegates to the county convention. 
 
 Am. Id. 
 
 Result, how 
 declared, etc. 
 
 Ballots, 
 disposal of. 
 
 (692) Sec. 37. After the votes at any primary election 
 in any election precinct shall have been counted, the officials 
 counting the same shall publicly declare the result, and forth- 
 with make and certify written detailed statements, such as 
 are required by law for general elections, except as herein- 
 after provided, showing the whole number of votes cast in 
 such election precinct for each candidate voted for on each 
 party ballot, and shall certify, subscribe and seal in a sepa- 
 rate enveloj)e such statements and one of the tally sheets, and 
 write thereon the name and number of the election precinct, 
 if any, and deliver such statements and tally sheets to such 
 per.sons and at such times as are required by law for general 
 elections. As soon as they have completed the counting of 
 the votes of their respective precincts they shall return all 
 the ballots voted to the ballot boxes, and all books, unused 
 ballots, supplies, lists and subscribed oaths shall be safe- 
 guarded and returned, as near as may be, in the manner 
 provided for by law governing general elections. 
 
 Am. 1911, Act 279; 1913, Act 118. 
 
 Canvass. (693) Sec. 38. The returns of said primary election shall 
 
 be canvassed and the results declared in the same manner 
 and within the same time after the primary election and by 
 the same officers as is provided by the general law for can- 
 vassing the returns and declaring the result in city, county, 
 district and state elections, except that in the case of nomi- 
 nations for United States senator, governor, or lieutenant 
 governor, or officers from districts comprising more than one 
 
LAWS RELATING TO ELECTIONS. 243 
 
 county, the comity clerks of each county affected shall trans- 
 mit to the secretary of state, within ten days after the pi'i- 
 niai'y election, certified copies of the number of votes received 
 by each of the candidates for the nomination of any of the 
 said offices. The secretary of state shall appoint <a meeting of Canyasaers, 
 the board of state canvassers at his office not later than "^^'^ '"^ " ' 
 twenty days after the primary election, which date shall be 
 certified to the chairman of the state central committee of 
 each political party, for the purpose of canvassing the votes 
 of the candidates for such office. The said board shall pro- votes, how 
 ceed in the same manner in canvassing the votes, certifying, ^"•"^'i''^'^'i- 
 recording and determining results, etc., for nomination for 
 United States senator and governor and lieutenant governor 
 as is done in canvassing the votes in the case of election of 
 state officials. In canvassing the votes of candidates for 
 members of congress, state senators and representatives of 
 the legislature, in districts composed of more than oue 
 county, said board shall pi-oceed in like manner as is done in 
 the canvas.sing of votes cast for members of congress. 
 
 (091) Sec. 39. The candidate of each political party for who 
 nomination for iinj office who receives the greatest number nomtnel 
 of votes cast for candidates for any such office as set forth 
 in the returns or as determined by the board of canvassers on 
 the recount by it of said ballots, shall be declared the nominee 
 of that political party for said office at the next ensuing 
 November election, or at the next city election, or at the 
 next election for United States senator, as the case may be, 
 and the board of canvassers shall forthwith certify such 
 nominations to the respective boards of election commission- 
 ers affected thereby : Provided, That in the case of a candi- Proviso, 
 date for the office of United States senator, the board of stato** 
 state canvassers shall forthwith certify the result of the pri- senator, etc. 
 nmi'y election to the secretary of state, and the secretary of 
 state shall certify .said result to the next succeeding legis- 
 lature on the first day of the session. 
 
 (G95) Sec. 40. Any candidate voted for at any primary irregularities. 
 election provided for in this act, who conceives himself ag- 
 grieved on account of fraud or error by the board of primary 
 election inspectors, or in the count of the votes cast, or 
 the returns made by said board, may, on or before the close 
 of the day or days upon which the board of city or county 
 canvassers meet, present to and file with the chairman or 
 secretary of the particular board of the county or city in 
 which a recount is asked, a written or printed petition, which 
 shall be sworn to, and shall set forth as near as may be the 
 nature of the errors or fraud complained of, and the particu- 
 lar township, ward or precinct in which the alleged irregu- 
 larities occurred and ask for a recount of the votes cast 
 therein. Such })etitioner shall at the same time deposit with Petitioner 
 the chairman or secretary of said board the sum of ten dollars rfeposi't? 
 for each and every township or ward, but the whole amount 
 shall not exceed one hundred dollars in any one coimty, the 
 
244 
 
 STATE OP MICHIGAN. 
 
 Notice to 
 opponent. 
 
 Canvassers, 
 board of, 
 when to 
 open ballot 
 boxe.s. 
 
 vote of which he requests to have recounted by said board. 
 When said petition is filed and the amount herein prescribed 
 is deposited, and alter giving at least twenty-four hours 
 written notice thereof to the opposing candidate by handing 
 to such candidate a copy of the petition, or if such candidate 
 cannot be found, by leaving such copy at his place of resi- 
 dence, with some person of suitable age, if such person can 
 he found, and if not by posting it in some conspicuous place 
 ujwn his last known place of residence. It shall be the duty 
 of said board of canvassers to investigate the facts set forth 
 in said petition and to cause the ballot boxes used in such 
 election in such township or ward to be brought before it. 
 The said board shall thereupon, in some public place where 
 the interested candidates and their counsel may be pi-e.sent, 
 if they so desire, proceed forthwith to open the ballot boxes 
 from such townships or wards and to make a recount thereof 
 as to such candidates, and make a correct and complete return 
 in writing showing the full number of votes cast and the 
 names of the candidates and the number of votes given to 
 each. When the recount of each box is completed the said 
 board shall at once return the ballots thereto, carefully lock 
 and seal same in the manner provided by law for the locking 
 and sealing of ballot boxes, and deliver the ballot boxes to 
 the oflicer having the care and custody thereof. The returns 
 made by the said board of canvassers upon such recount shall 
 be deemed to be correct, anything in the previous return 
 from such township, ward or precinct, to the contrary not- 
 withstanding. In all cases where, by reason of such recount 
 or recounts, the petitioner succeeds in establishing frauds or 
 mistakes sufiBcient that the total changes made thereby in 
 the territory from which he is to be nominated shall result 
 in his nomination, the money deposited by him with each of 
 such boards shall be refunded; otherwise it shall be turned 
 into the treasury of the county or city, as the case may be. 
 If two or more candidates of the same political party be tied 
 for the same office, the tie shall be determined by lot to be 
 cast then and there, as the canvassing board may direct. 
 
 Returns, 
 when deem- 
 ed correct. 
 
 Tie vote. 
 
 The power of the board of state canvassers, upon a recount, extends only 
 to a recount of the ballots in the ballot boxes brought before them, and 
 they have no power to compare the enrollment lists with the poll lists and 
 draw from the box as many ballots as the comparison shows were cast by 
 unenrolled voters. — Bradley v. State Canvassers, 154/274. As to proceed- 
 ings In case of a recount in a precinct where voting machines are used, see 
 Line V. Election Canvassers, 154/330. This provision as to a recount is not 
 confined to districts composed of only one county ; a recount may be had in 
 any county in a congressional district. — Beakes v. Board of State Canvassers, 
 172/408. 
 
 Printing of 
 names on 
 ballot. 
 
 Provi.io, 
 vacancy. 
 
 (C96) Sec. 41. The several boards of election commis- 
 sioners shall cause to be printed upon the official election 
 ballots to be used at the No^•ember or April election, or at 
 the city election, as the case may be, the names of the can- 
 didates for office selected under the provisions of this act: 
 Provided, That when any candidate shall die or shall with- 
 draw as such candidate before the printing of the ballots, 
 after having been nominated as herein provided, the proper 
 
LAWS RELATING TO ELECTIONS. 245 
 
 board of elect iou commissioners shall cause to be printed 
 or placed upon such ballot in place of the name of such can- 
 didate or to fill such YacancT, the name of the candidate 
 which shall be selected by the proper party committee as 
 shown by the certificate of its chairaian and secretary', in 
 the manner provided for in the general election law; and 
 for this pur])ose, in a county comprisinf;: a single representa- 
 tive or senatorial or congressional district, the county com- 
 mittee of each political party of each such county shall con- 
 stitute the representative or senatorial or congressional com- 
 mittee of said political party for such representative or sena- 
 torial or congressional district, as the case may be; and in 
 a county comprising more than one representative or sena- 
 torial or congressional district the members of the county 
 committee of each political party, residing in each such rep- 
 resentative, senatorial or congressional district of such 
 county, shall constitute a committee of said political party 
 for such representative or senatorial or congressional district, 
 as the case may be, and such committee shall elect its chair- 
 man and other officers; and in i-epresentative or senatorial 
 or congressional or judicial districts comprised of more than 
 one county, the county committee provided for in this act, 
 of each political party of each county of such representative 
 or senatorial or congressional or judicial district, or the mem- 
 bers of the county committee representing that portion of 
 any county fonuing part of such representative or senatorial 
 or congressional or judicial district, as the case may be, shall 
 elect one or more electors of said political party, residing 
 within the district that he is to represent, as a member of 
 the committee of such political (larty for such district: Pro- Proviso. 
 vided. That the ]iarty nominee or nominees, if more than 
 one from the same district, shall have the privilege, if he or 
 they so elect, of naming the coniiuitlee of the i)olitical party 
 for the district from which he or they have been nominated. 
 Such committee shall elect a chairman and other officers of 
 which the chairman shall have a vote on all questions. The chairiii;iii. 
 candidates for county offices nominated at each August pri- commfttee!"'* 
 man' ofeach political party shall within ten days after the 
 said primary election, meet at a time and ])lace to be fixed 
 by the then chairman of the county committee and elect a 
 chairman and secretary of the county committee who shall 
 hold such position for a period of two years and until their 
 successors are selected. When such death or withdrawal shall 
 occur subsequent to the printing of the official ballots, it shall 
 be the duty of said board of election commissioners, if time 
 permits, to forward the various election inspectors' slips con- 
 taining the name of the candidate entitled to fill the vacancy 
 caused by such death, or withdrawal slips shall be pasted 
 in the jiroper iilace upon the official ballot by the board of 
 election inspectors. If in any case a person is nominated for 
 any office by more than one political party, it shall be his 
 dutv to elect within five days after the official canvass of the 
 
246 
 
 STATE OF MICHIGAN. 
 
 Proviso. 
 
 returns of said primary election upon which ticket he wishes 
 his name to appear, and unless such election is made such 
 candidate's name shall not be printed on any ballot: Pro- 
 vided, That in case of the death or withdrawal of any can- 
 didate as hereinbefore mentioned, or in case a candidate is 
 nominated for any ofBce by more than one political party, 
 and such vacancy shall not be filled by the proper committee 
 within five days from the time of its occurrence, the board 
 of election commissioners shall print on said official ballot, 
 in place of the candidate who has died, withdrawn or elected 
 to have his name appear upon another party ticket, the name 
 of the person who received the next highest vote at the pri- 
 mary for that oflBce on such party ticket: Provided further, 
 That it shall be imlawful for any board of election com- 
 missioners to print on any ofiScial election ballot prepared 
 for the use of voters at any election the name of any can- 
 didate required by this act to be nominated by primary 
 election, unless such candidate was selected under authority 
 of this act and this prohibition shall operate against any 
 candidate selected in any mass convention or by any so-called 
 independent voters at any caucus or convention. The can- 
 didates for city ofiBces, in cities having a population of less 
 than seventy thousand, the voters of which have not adopted 
 the provisions of this act, shall be nominated in convention 
 and the names of such candidates certified to the proper 
 board of election commissioners and placed upon the official 
 ballots in the manner provided for by existing law. 
 
 Further 
 proviso. 
 
 .4m. 1911, Act 279: 1913. Act 118. 
 
 Tlip text of tliis section, under tlie amendment of 1911, provided that votes 
 oast tor candidates upon the ballots of another political party than the one 
 in which he was enrolled, and it was accordinaly held that votes cast for an 
 enrolled republican, as a candidate on the national profrressire ticket, could 
 not be counted. — Cook v. Board of Election Com'rs of Cheboygan Co., 172 / 
 437. But all provisions requirinj^ party enrollment were dropped by the 
 amendments of 1913 to the several sections of this act. 
 
 County 
 conventions. 
 
 Same day 
 
 throughout 
 
 state. 
 
 County 
 committee, 
 when chosen. 
 
 (697) Sec. 42. The county conventions of all political 
 jiarties for the election of delegates to a state convention for 
 the nomination of state officers shall be held within fifteen 
 days after the March and August primaries. All sudi county 
 conventions of any one political party shall be held on the 
 same day throughout the state, which day shall be desigTiated 
 by the state central committee of such political party in its 
 call for the state convention to nominate candidates for state 
 offices. The time and place of meeting of such county con- 
 vention shall be designated in the call issued therefor by the 
 respective county committees of such political party. The 
 number of delegates to which such political party in such 
 county is entitled shall be chosen at such county convention. 
 The county committee except chairman and secretary shall 
 be chosen by each political party at each county convention 
 held after each August primai*y. 
 
 Am. 1911, Act 279. 
 
LAWS RELATING TO ELECTIONS. 247 
 
 (698) Sec. 43. The state convention of all political par- state 
 ties for the nomination of candidates for state offices and the wherfheui"' 
 selection of members of the state central committee shall be 
 
 held within forty days after the Augnst primary and within 
 fifteen days after the March ])rimary, but not less than ten 
 days after the day appointed for the meeting of the board of 
 state canvassers for the purpose of canvassing the primary 
 election returns mentioned in this act. The particular day Caiis for. 
 and the time and place of meeting shall be designated by 
 the state central committees of the various political parties 
 in the calls for said state conventions, which calls shall be 
 issued at least thirty days prior to the August and March 
 primaries. 
 
 Am. Id. 
 
 (699) Sec. 44. Whenever the voters of any city of less when certain 
 than seventy thousand population shall decide to select party to artopf"^^ 
 candidates pursuant to the provisions of this act. the peti- Pes^hirnt"'^ 
 tions for submission or resubmission of the question itself, 
 
 the nomination of candidates, the printing of ballots, the con- 
 ducting of the primary, and any other provisions for city 
 nominations shall be governed, insofar as applicable, by the 
 provisions of this act relative to the nomination of party can- 
 didates for district offices: Provided, That in any city of Proviso, 
 more than seventy thousand population the nomination of votlMg 
 candidates for city offices by all parties shall be by direct ■^equiroii. 
 vote, and in cities of less than seventy thousand pojjulation 
 where any political party is now nominating its candidates 
 for city offices by the direct voting system jirovided for in 
 this act or some former act, every political party in such city 
 shall hereafter so nominate its candidates, unless the quali- 
 fied voters of such city shall decide otherwise, according to 
 the provisions of this act. The primary election in cities 
 having adopted the direct voting system for the nomination 
 of candidates for city offices to be voted for on the first Mon- 
 day of April provided for in this act shall be held on the first 
 Wednesday of JIarch preceding such April election. All au primary 
 
 * I -^ I elections 
 
 primary elections held in this state shall be governed by and governed by 
 conducted in accordance with the provisions of this act. **"" ^'''' 
 
 Am. Id. • 
 
 (700) Sec. 45. Every person who, directly or indirectly, Mi.siie- 
 
 by himself or by any other person in his behalf, gives, lends, what'deemed. 
 or agrees to give or lend, or offers, or proinises any mone.y or 
 valuable con.sideration, or jiromises or endeavors to procure 
 any money or valuable consideration or office, place or em- 
 ployment, 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 
 or have such person induce any voter to vote for or refrain 
 from voting for, or support or oppose any candidate, or on 
 account of such voter having voted or refrained from voting 
 at any primary election in this state; every person who by 
 
248 
 
 STATE OF MICHIGAN. 
 
 any means receives, agrees or contracts for any money, gift, 
 fee, loan or valuable consideration, ofQce, place, appointment 
 or employment for himself or any other person, for voting 
 or agreeing to vote, or for refraining or agreeing to refrain 
 from voting in a particular manner at any such primary elec- 
 tion; or for inducing, or undertaking to induce any other 
 person to vote in a particular manner, or to do or perform 
 any of the acts or things forbidden by this act, or on account 
 of doing or agreeing to do, or having done any campaign 
 work, electioneering, soliciting votes for such candidates on 
 jirimary day or prior thereto, or who after any primary elec- 
 1ion in this state, directly or indirectly, by himself or by any 
 other person in his behalf, gives or receives any money or 
 valuable consideration or place, position or employment on 
 account of any person having voted or refrained from voting, 
 or having induced any other person to vote or refrain from 
 voting at any such primary election ; or having induced or 
 undertaken to induce any other person to vote in a particu- 
 lar manner or for any particular candidate at any such pri- 
 maiy election, or on account of any person having done or 
 been a party to doing anything forbidden by this act, it being 
 the intent of this clause to prohibit the prevailing practice of 
 candidates hiring with money and jn'omises of positions, etc.. 
 workers on primary day and prior thereto ; also every person 
 who in behalf of any finn, partnership, association or cor- 
 poration, gives, lends or receives, or agrees to give, lend or 
 receive, or offers or promises any money or valuable consider- 
 ation, place, position or employment, or promises or endeav- 
 ors to procure any money or valuable consideration, in order 
 to aid or promote the nomination of any particular candi- 
 date, shall be deemed guilty of a misdemeanor, and upon con- 
 viction thereof shall be punished by a tine not exceeding five 
 hundred dollars or by imprisonment for a period of not more 
 than six months, or by both such fine and imprisonment in 
 the discretion of the court. 
 
 (701) Sec. Hi. Any person who shall, while the polls are 
 open, at any polling place on any primary day, solicit votes 
 in the said polling jilace, or within one hundred feet thereof; 
 any person who shall offer or give to any other person any 
 intoxicating liquors, or drink any intoxicating liquors within 
 any such polling ])lace; any person who shall violate any 
 of the requirements or provisions of this act for which a 
 penalty is not herein otherwise provided; any person who shall 
 refuse or neglect to perform any duty enjoined upon him 
 thereby ; and any member of any primary election board 
 who siiall neglect or refuse to comply with any provision of 
 this act upon demand of any elector or police or peace officer 
 so to do, and any person who shall vote or attempt to vote 
 more than once, or in more than one election district at the 
 same primai-y election, and any person who shall vote at 
 any primary election or attemjit to so vote when he is not 
 legally entitled to so vote shall be deemed guilty of a mis- 
 
 Penalty. 
 
 Misdemeanor, 
 what deemed. 
 
LAWS RELATING TO ELECTIONS. 249 
 
 demeanor and, upon conviction lliereof, shall be subject to 
 the ])nnishment prescribed in the precedinn; section, and is 
 hereby made the duty of any police or other i>eace officer 
 jn-esent and having knowledge of any violation of any of the 
 jirovisidns of this section to forthwith institute criminal pro- 
 ceedings for the punishment of such olVendcT-. 
 
 Am. loin, .Vet 118. 
 
 (702) Sec. 47. It shall be unlawful for any candidate CampaiKn 
 for nomination under the provisions of this act, after the unVawM' 
 date on which he has announced himself a candidate for any '" p""'- 
 office included within the provisions of this act, or after he 
 
 has filed his petition to have his name placed upon the pri- 
 mary ballot, and before the close of the polls of such primary 
 on primary day, directly or indirectly, by himself or by any 
 otker person, to post, pay for posting, or cause to be posted 
 upon or in any building, or upon any tree, post, fence, bill 
 board, telegraph 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 engrav- 
 ing, photograph or other likeness of himself, or other ad- 
 vertising matter used, or intended for the juirpose of ad- 
 vertising or advancing his candidacy for otlice. 
 
 (703) 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 prompting 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- postal 
 cept postal cards and letters, or which contains any litho- *^"''-^' *''^- 
 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, 
 iialf-tone engraving or other likeness of himself, or any other 
 jiolitical 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 
 [jublication whatsoever, except in a daily, weekly or monthly 
 newspaper which has been regularly and bona tide published 
 and circulated for at least three months l)efore such advertise- 
 ment is to lie inserted therein. It .shall be unlawful for any 
 
250 
 
 STATE OF MICHIGAN. 
 
 Money, etc., 
 soHriting of. 
 
 Lithograph, 
 etc., unlawful 
 to publish. 
 
 other person to do or perform for or on behalf of any snch 
 candidate or to help or injnre 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. 
 
 (70-1) Sec. 49. It shall be unlawful for any person to 
 solicit from any candidate for nomination for any office in- 
 cluded in the provisions hereof, any money or other jiropcrty. 
 The provisions of this section shall not apply 1o requests for 
 contributions of money by or to an authorized representative 
 of the political party committee of the organization to which 
 such candidate belong's, 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. 
 
 (705) Sec. 50. It shall be unlawful for any candidate for 
 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 litliogi'aph, 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 
 (jf 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 a.scertain 
 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 i)rovisions of 
 this act for such illegal jniblication. 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. 
 
 (706) Sec. 51. It shall be unlawful for any candidate 
 for 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 primarj- ballot as herein provided, and before 
 the close of the polls on any primai-j- day, in any store, saloon, 
 hotel, hall or other public building, public street or place 
 within the territoi"y from which he seeks a nomination, di- 
 rectly or indirectly to buy or give to, or cause to be bought 
 
 Treating 
 unlawful. 
 
LAWS RELATING TO ELECTIONS. 251 
 
 for, or given to, any elector residing therein any spirituous, 
 malt, brewed, fermented or oilier 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 {)laces 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 i)urpose 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 ofHce or by any other person on 
 behalf of such candidates. 
 
 (707) 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. 
 
 (708) 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, Sufy.'^' "^ 
 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 jninished as provided in section fifty-five hereof. 
 
 The reference to "section flfty-fiTe" is doubtless intended to be "section 
 forty-five." 
 
 (709) Sec. 54. No prosecution for any offense mentioned pmsimtion. 
 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 i'es[)ect to which he shall 
 be examined or to which his testimony shall relate, except to 
 prosecution for perjury committed in such testimony. 
 
 (710) Sec. 55. It shall be the duty of the county clerk of Ciriain 
 each county to cause to be printed large cards or posters JiVVpiwIcd. 
 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 siime time that the official 
 ballots for use at primary elections are delivered, and the 
 board of primary election insjjectors shall cause the said 
 posters to be posted in conspicuous places in the polling places 
 
252 
 
 STATE OF MICHIGAN. 
 
 SO that the same can be plainly seen and read by all per- 
 Duty of clerk, sons at any primary election. It shall be the duty of the 
 <'"'■ clerk of any city, township or village in which this act is 
 
 * operative to deliver to the board of primary election inspec- 
 
 tors of each election precinct witliiu his jurisdiction, before 
 Ihe time for opening of the polls on primary election day, 
 tlie register of electors and the l)lanks for poll lists and 
 returns and any other supplies necessary to carry out the 
 provisions of this act not herein otherwise provided for. 
 
 Am. 1913, Act 118. 
 
 Election day, 
 what deemefl. 
 
 Proviso. 
 
 Acts repealed. 
 
 (711) Sec. 5G. The day on which any primary election 
 sliall 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 primai'y 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. 
 
 (712) 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. 
 
 An Act to provide for the organization and election of the state cen- 
 tral committees of the various political parties within this state, 
 and to prescribe the manner of selecting the members thereof. 
 
 [Act 395, P. A. J91."?.] 
 
 •State central 
 committee, 
 members, etc. 
 
 How selected. 
 
 The People o/ tlie State of Michigan enact: 
 
 (713) Section 1. Each political party within this state 
 shall have a .state central committee, consisting of two mem- 
 l>ers from each congressional district, a chaimian and a sec- 
 retary. 
 
 (714) Sec. 2. The members of the state central commit- 
 tee from each congressional district shall be selected in the 
 
LAWS RELATING TO ELECTIONS. 253 
 
 same manner as is noM" provided by act number two hundred 
 seventy-nine of the ]uihlic acts of niueleen hundred eleven, 
 for the noniinnlidii of jiarly candidates for representatives 
 in coufiress. 
 
 (715) Six-. I>. Inmiediatel.v afler tlie August primary pi-(i caii of 
 vided in act number (wo hundred seventy-nine of the ]>uli "lectiiiB. 
 lie acts of nineteen hundred eleven, the then chairman of the 
 state central committee of each party shall call a meeting 
 
 of the members chosen, which meeting shall be held not 
 later than ten days from the date of the said August primary 
 election. At this meeting the members so chosen shall pro- chairmaa and 
 (ced forthwith to elect a chairman and secretary, and shall, ^^"''''^■'^y- 
 before adjournment, issue a call for the state convention. 
 
 (716) Sec. 4. The members of the state central com- Terms of 
 mittee elected under the terms of this act, shall hold office ° '^^' 
 foi- two years from the date of their election. 
 
 (717) Sec. 5. In the event of any vacancy in such state vacancy, bow 
 central committee, the members thereof shall fill such vacancy ^ ' 
 
 by electing thereto a qualified person or persons, from the 
 congressional district in which such vacancy exists. 
 
 An Act to provide for the expression by the qualified enrolled voters 
 of the several political parties of their choice for the nomination 
 by their party for the member of the national committee of the 
 various political parties of this state, and making an appropriation 
 to carry out the provisions of the same. 
 
 [Act 302. P. A, 1013.] 
 
 The People of the State of Michigan enact: 
 
 (718) Section 1. On the first Monday in April, nine- Primary for 
 teen hundred sixteen, and on the flr.st Monday in April in m'^tteemen. 
 every four years thereafter, there shall be held a primary 
 nominating election in every voting precinct of this state, 
 
 at which the qualified voters, including those who shall be 
 qualified on the first day of Api"il. nineteen hundred sixteen, 
 of the several political pai'ties, shall have the opportunity 
 on separate ballots provided for that pui"pose to express their 
 prefei-ence for the members of the national committee of 
 their respective parties. 
 
 (719) Sec. 2. The name of any candidate for the office Petition, who 
 of national committeeman shall be printed on the official '" ^'^"' '^"^' 
 primary ballot solely upon the petition of their political 
 supporters in Michigan, which petition shall be signed by 
 
 not les? than one hundred of the qualified voters of such 
 political party, and said petition shall be filed with the sec- 
 retary of state on or before twelve o'clock noon, March first, 
 nineteen hundred sixteen, and on or before twelve o'clock 
 noon of the first dav of ^larch in each fourth vear thereafter. 
 
254 
 
 STATE OF MICHIGAN. 
 
 Canvass. 
 
 Nomination 
 petition, 
 form of. 
 
 Notice of 
 election, etc. 
 
 Ballot, 
 fonn of. 
 
 The nominating ballots as herein provided for shall be 
 counted, canvassed, and returned in the same manner as the 
 names and petitions of tlie aspirants for the party nomination 
 for the oflflce of governor are now required to be marked, filed, 
 counted, canvas.'^ed and returned. 
 
 (720) Sec, 3. All nominating petitions shall be in the 
 following form : 
 
 We, the undersigned qualified voters of the 
 
 party, of tlie city (or township) in the county of , 
 
 state of Michigan, hereby nominate , 
 
 as a candidate of the party for tie 
 
 office of national committeeman to be voted for at the April 
 
 primary election to be held on the day of April, 
 
 , and we further declare that we intend 
 
 to support for the office of national 
 
 committeeman. 
 
 Name Eesidence 
 
 Date of Signing 
 
 (721) Sec. 4. The secretary of state shall, immediately 
 after the final date of filing petitions herein provided for, 
 forward to the several county clerks of the state of Michigan 
 notice tliat a primarv election will be held in all the voting 
 precincts in this state on the first Monday in April, nineteen 
 hundred sixteen, and the same notice in each fourth year 
 hereafter as herein provided for, together with a copy of 
 the official ballot to be provided for at such election, which 
 shall have printed thereon the names of all candidates for 
 the office of national committeeman as ascertained by nomi- 
 nating petitions on file with him; said names to be alternated 
 on said ballot in accordance with the provisions of the said 
 primary election law. 
 
 (722) Sec. 5. The official ballot shall be as follows : 
 
 OFFICIAL PRIMARY ELECTION BALLOT 
 
 Party Apr 
 
 To vote for one (1) person whose name appears on the 
 ballot mark an (x) in the square in front of one of the names 
 of the persons for whom yoii wish to vote. To vote for a 
 person whose name is not on the ballot, write his name in the 
 blank space provided for. Vote only for one (1) person. 
 
 I JOHN JONES 
 
 I WILLIAAI SMITH 
 
 I THOMAS RYAN 
 
 County clerk, 
 duty of. 
 
 The color, size and foi-m of ballot, except as herein pro- 
 vided, to be the same as required by the state primary elec- 
 tion law. 
 
 (723) Sec. 6. It shall be the duty of each county clerk 
 upon the receipt of the list of candidates and notice of elec- 
 tion to cause the required number of election ballots for 
 
LAWS RELATING TO ELECTIONS. 256 
 
 every voting precinct in the county to be printed, containing 
 the names of candidates as certified to by the secretary of 
 state. The ballots shall be numbered and one comer per- 
 forated in the same manner as is required for the number- 
 ing and perforating of ballots under the regular state pri- 
 mary election ; and the expense of printing said ballots shall 
 be borne by the state. 
 
 (724) Skc. 7. There is hereby approjiriated out of any Appropria- 
 nioneys in the genei-al fund of the state treasury not otherwdse """' 
 appropriated, a sufficient amount to pay the actual expenses 
 of the printing of the ballots as herein provided for, as may be 
 incurred by the several county clerks. Each county clerk ^^'jP^'jj^j® 
 shall forward to tlie board of state auditors an itemized ac- 
 count, showing the total amount of the expense of printing 
 the said primary ballots as provided for in this act, in his 
 county, and when the same is audited and allowed by the 
 board of state auditors, the amount thereof shall be for- 
 warded to the several county clerks to be by them paid to the 
 printers of said ballots. The auditor general shall add to 
 and incorporate in the state tax for the year nineteen hun- 
 dred sixteen, and each four years thereafter, such an amount 
 as may be necessary to carry out the provisions of this sec- 
 tion, which amount, when collected, shall be paid in to the 
 general fund of the state treasury. 
 
 (72.5) Sec. 8. The candidate receiving the highest num- ciioireof 
 ber of votes in the state at said election shall be declared to 
 be the candidate and the choice of such political party for 
 the office of national committeeman. 
 
 Sec. 9 repeals aU inconsistent acts or parts of acts. 
 
APPENDIX. 
 
 f 33 
 
APPENDIX. 
 
 PROVISIONS OF THE CONSTITUTION OF THE 
 
 UNITED 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 ^'''^''"■ 
 senate and honse of representatives. 
 
 SECTION II. 
 
 1. The house of representatives shall be composed of mem House of 
 bers chosen every second jear by the people of the several ffafve^and 
 states, and the electors in each state shall have the nualiflca iiiiaUficationa 
 
 of electors 
 
 tions requisite for electors of the most numerous branch of 
 the state legislature. 
 
 2. No pcr.son shall be a representative who shall sot have ofrepre- 
 attained to the age of twenty-five years, and been seven years s<^'"»"^^- 
 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 hapjK^n in the representation from any vacancies, 
 state, the executive authority tliereof shall is.sue writs of elec- 
 tion to fill such vacancies. 
 
 SECTION III. 
 
 1. The senate of the United States shall be composed of senate, 
 two senators from each state, chosen by the legislature there- f^^/vote" 
 of, for ax years; and each senator shall have one vote. 
 
 3. No person shall be a .senator who shall not have at- Qualifications 
 tained to the age of thirty years, and been nine years a citi- »' senators, 
 zen of the Uiiitcd States, and who sliall not, when elected, be 
 
 an inhabitant of that state for which he shall be chosen. 
 
260 
 
 APPENDIX. 
 
 Elections, 
 how regu- 
 lated. 
 
 SECTION IV. 
 
 1. Tli(i limes, places and manuer 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. 
 
 SECTION I. 
 
 Executive 
 power. 
 
 Electors of 
 president and 
 vice president 
 
 Time of choos- 
 ing electors. 
 
 Qualifications 
 for president. 
 
 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 yeai's, and, together with the vice presi- 
 dent, chosen for the same term, be elected, as follows: 
 
 2. Each slate 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 throughout 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 
 Tears a resident within the United States. 
 
 Amending 
 constitution. 
 
 ARTICLE V. 
 
 1. Tlie 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 vear 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. 261 
 
 ARTICLE XIT. 
 
 ritoroKEi) AT THE piust session of toe eighth congress. 
 
 1. The t'lcctdis slijill iiKt'l ill their respecl ive states, and i^ioiie of elect- 
 \(i(e by ballot for ])resi<leiit ami vice jiresideiit, one of whom, ami ?ice"presi- 
 al least, shall not be an inhabitant of the same state with '^'^jJiJed'sJates 
 iheniselves; they shall name in their ballots the jterson voted — ciiocsing 
 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 nnmlier of votes for each, which 
 lists they shall sign and certify, and transmit sealed to the 
 seat of the government of the I'nifed States, directed to the 
 jiresident of the senate; the president of the senate shall, in 
 presence of the senate and house of representatives, open 
 all the certificates and the votes shall then be conuted; 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 electoi's appointed; and if no person have saich 
 , 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 Itoiii 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 representati\es shall not chdo.«e 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 ca.se of the death or 
 other constitutional disability of the president. 
 
 2. The person having the greatest numlier of votes as vice vicepresi- 
 ])resident, shall be the vice president, if such number be a ''^"'' 
 majority of the whole numl^r 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 majoi'ity of the whole num- 
 l)er shall be necessary to a choice. 
 
 3. But no jierson constitutionally ineligible to the oftice of Qualification, 
 president shall be eligible to that of vice president of the 
 
 United States. 
 
262 
 
 APPENDIX. 
 
 ARTICLE XIV, 
 
 Who are 
 <'iti7ens. 
 
 Immuniliefl 
 of citizens. 
 
 Apportion- 
 ment of rep- 
 resentatives. 
 
 Basis of rep- 
 resentation. 
 
 Conditional 
 protiil>ition 
 to hold cer- 
 tain oBices. 
 
 PROPOSED AT THE FIRST SESSION OF THE THIRTY-NINTH 
 CONGRESS. 
 
 1. All persons born or natnralized in the United States, 
 and snbject 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 number's, 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 anj' 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. 
 
 ARTICLE XV. 
 
 Right of 
 suiTraKe. 
 
 Power of 
 congress. 
 
 PROPOSED AT THE FIRST SESSION OF THE FORTY-FIRST CONGRESS. 
 
 1. The right of citizens of the United States to vote shall 
 not be de»ied or abridged by tlie 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 legislalion. 
 
APPENDIX. 263 
 
 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. 
 
 I Extract from Act of Congress, approved June 29, 190G,] 
 
 Seo. ;1. 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 Jlexico, 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 equitv, 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 ])rinted on safety paper furnislied 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 alien 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 fidelity 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 I he present place of residence 
 in the United States of sai<l 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: Provided further. That 
 any person belonging to the class of p<M'sons authorized and (jualified 
 under existing law to become a citizen of the United States who has 
 resided constantly in the United States during a period of five years 
 next preceding May first, nineteen hundred and ten, who, l)ecause of 
 misinformation in regard to his citizenship or the rc(]uirements of the 
 law governing the naturalization of citizens has labored and acted under 
 
264 APPENDIX. 
 
 the impression that he was or could become a citizen of the United 
 States and has in good faith exercised the rights or duties of a citizen 
 or intended citizen of tlie United States because of sudi wrongful in- 
 formation and belief may, upon making a shoAving of such facts satis- 
 factory to a court having jurisdiction 1o issue papers of naturalization 
 lo an alien, and the court in its judgment believes that such person has 
 been for a period of more than five years entitled iipon proper ])ro- 
 ceedings to be naturalized as a citizen of the United States, receive 
 from the said court a final certificate of naturalization, and said court 
 may issue such certificate without requiring proof of former declaration 
 by or on the part of such person of their intention to become a citizen 
 of the United States, but such applicant for naturalization shall com- 
 ply in all other respects with the law relative to the issuance of final 
 papers of naturalization to aliens. 
 
 Last proviso added by Act ot June 25, 1910. 
 
 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 jdace of residence (by sircet and number, if pos- 
 sible), his occupation, and, if possible, the date and place of his birth; 
 the place from which he emigTated, 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 counti-y 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 eacli child living at the 
 time of the filing of his petition : I'rovided, That if he has filed his 
 declaration before the passage of this act he shall not be required to 
 sign the petition in liis own handwriting. 
 
 The i)etition shall set forth tiiat 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 jiarticularly 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 ihe state, territory, or district in which the appli- 
 
APPENDIX. 265 
 
 cation is made for a period of at least one year immediately prec-edin}; 
 the date of the filing of his petition, and tliat they each have personal 
 knowledge that the petitioner is a person of good moral character, and 
 that he is in every way qnalifled. in Iheir opinion, to be admitted as a 
 citizen of the United States. 
 
 At the time of filing his petition liiete shall be filed with the clerk 
 of the conrt a certificate from the l)e[)artnienl of Commerce and Labor, 
 if the jietitioncr arrives in the United States after the passage of this 
 act, stating the date, place, and manner of his arrival in tlie 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 adjures 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. 
 
 Fourth. It shall be made to appear to the satisfaction of the court ad- 
 mitting any alien to citizenshif) 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 conrt 
 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 con.stitution 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 apidying 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 apjilicalion 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 i>rovisions of this act, be natui'alized witiiout 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 
 l)laco 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 jilace 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 ajtplicant expects to summon in his 
 bi'half; and the clerk shall, if the apidicant requests it, issue a suIqiaMia 
 
266 APPENDIX. 
 
 for the witnesses so named by the said applicant to appear upon the 
 day set for the final hcarina;. but in ease 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 
 posting 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 dis- 
 cretion, 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- 
 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 otlier organized government, 
 because of his or their official charactei', 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 Stales who can not speak the English language: 
 Provided, That this requirement shall 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 tiie 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 dejiosi- 
 tions of two or more witnesses who are citizens of the United States. 
 
APPENDIX. 267 
 
 upon notice to the BnT-cau of Tiimiigi'nlion and Naturalization and the 
 United States attorney for the (iisd'iot in \\liicli said witnesses may 
 reside. 
 
 Sec. 11. That the United Slates shall have the right to ap])ear before 
 any court or courts exercisinc; jurisdiction in naturalization })roceedings 
 for the purpose of cross-examining the petitioner and the witnesses pro- 
 duced in support of his ])etition 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 m naturalization proceedings. 
 
 Sec. 12. That it is hereby made the duty of the clerk of each and 
 every court exercising jurisdiction in naturalization matters Trader the 
 provisions of this act to keep and tile 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 du])llcate of s\ich certificate, and to make 
 and kee]) on file in his oflice 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. Tt shall also be the duty of the clerk of each 
 of said court.s to report to the said Bureau, within thirty days after the 
 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 ca.se any such clerk or officer acling under his direction shall 
 refuse or neglect to comply with any of the foregoing provisions he shall 
 forfeit and pay to the T'nited 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 resjumsible for all blank certificates of citizenship 
 received by them from tJme to time from the Bureau of Immigration 
 and Naturalization, and shall account for the same to the 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 ca.se any such clerk shall fail to return or pro])erly accomit 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 re- 
 covered in an action of del)t, for each and every certificate not properly 
 accounted for or returned. 
 
 Sec. 1.3. That the clerk of (>ach and every court exei-cising jurisdiction 
 in naturalization cases shall charge, collect, nud account for the follow- 
 ing fees in each i)roceeding: 
 
 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, 
 
268 APPENDIX. 
 
 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 clei-ks, 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 so 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 Unites 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 tlie clerk of the court a sum of money sufificient to 
 cover the exjienses of subpoenaing and paying the legal fees of any 
 witnesses for -whom he may request a subpoena, and upon the final dis- 
 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 proceedings 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 pi-oceedings 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 imder 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 exercising naturali- 
 zation jurisdiction collects fees in excess of the sum of six thousand 
 dollars in any fiscal year the secretary of commerce and labor may 
 allow salaries, for naturalization purposes only, to ])ay for clerical 
 assistance, to be selected and employed by that clerk, additional to 
 the clerical force, for which cleiks of courts are required by this sec- 
 tion to pay from fees received by such clerks in naturalization jiroceed- 
 ings, if in the opinion of said scci'etary the naturalization business of 
 such clerk warrants further additional assistance: Provided, That in 
 no event shall the whole amount allowed the clerk of a court and his 
 assistants exceed the one-half of the gi'o.'ss receipts of the office of said 
 clerk from naturalization fees during such fiscal year: Provided further, 
 That when, at the close of any fiscal year, tlie business of such clerk of 
 court indicates in the opinion of the secretary of commerce and labor 
 that the natiiralization fees for the succeeding fiscal year will exceed 
 six thousand dollars the secretary of commerce and labor may authorize 
 the continuance of the allowance of salaries for the additional clerical 
 assistance herein provided for and employed on the last day of the fiscal 
 
APPENDIX. 269 
 
 year until such time as tlie remittances indicate iu the oi)ini()n of said 
 secretary that the fees for the then current fiscal year will not he sulli- 
 cient to allow tlie additional clerical assistance authorized by this act. 
 
 That payment for the additional clerical assistance herein authoi'izcd 
 shall be in the manner and under such rcn;nlations as the secretary of 
 commerce and labor may prescribe. 
 
 Am. Act ot .Tune 25, 1910. 
 
 Sicc. 14. That the declarations of intention and the petitions for 
 naturalization shall be hound in chronolojiical order in separate volnme.s, 
 indexed, consecutively numbered, and made jiart of the records of the 
 court. Each certificate of naturalization issued shall bear upon its 
 face, in a place prepared therefor, the volume numbei- 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 duly of the United States district attor- 
 neys for the respective districts, upon aflidavit showing good cause 
 therefor, to institute proceedings in any court having jurisdiction to 
 naturalize aliens in the judicial district iu which the naturalized citi- 
 zen may reside at the time of bringing the stiit, for the pur])ose of 
 setting aside and canceling the certificate of citizenshii) on the ground 
 of fraud or on the ground that such certificate of citizenship was il- 
 legally procured. In any such proceedings the party holding the certifi- 
 cate of citizenship alleged to have been fraudulently or illegally pro- 
 cured shall have sixty days personal notice in which to make answer 
 to the petition of the United States; and if the holder of such certificate 
 be absent from the United States or from the district iu which he last 
 had his residence, such notice shall be given by publication in the man- 
 ner provided for the service of summons by publication or upon ab- 
 sentees 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 i-esidence therein, it shall be con- 
 sidered prima facie evidence of a lack of intention on the part of sucli 
 alien to become a permanent citizen of the United States at the time 
 of filing his application for citizenship, and, in the absence of coimter- 
 vailing evidence, it shall be sufficient in the projier proceeding to author- 
 ize the cancellation of liis certificate of citiztinship as fraudulent, and the 
 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 tliose 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 lie set aside oi- canceled, 
 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- 
 
270 APPENDIX. 
 
 nally issued by the court making- sucli 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 superseded. These sections, which made punishable forging, 
 etc., certificates of citizenship, and engraving, etc., plates for counterfeiting sucli 
 certificates, and other offenses in connection therewith, are incorporated in the act 
 to codify, etc., the penal laws, Act March 4, 1909. 
 
 Sec. is. 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 superseded. This section, which made punishable the having posses- 
 sion 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 wilfully neglects to render true ac- 
 counts of moneys received, by him for naturalization proceedings or 
 who wilfully 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 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 
 proceedings, to demand, charge, collect, or receive any otJier or ad- 
 ditional 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 pei-son 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 
 
APPENDIX. 271 
 
 execution thereof or signed the same, when m fact such petitioner, atti- 
 aut, or witness did not personally appear before him, or was not sworn 
 thereto, or did not execute the s;ime, or did not acknowledge the execu- 
 tion thereof, shall he 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 Ix; fined not more than five 
 thousand dollars, or shall be imprisoned not more than five years, or 
 l)oth, and upon conviction the court in whicii 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 preliminaiy 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 ])roceeding, 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 
 ofifenses 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 tw'elve 
 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: 
 
 declaration of intention. 
 
 (Invalid for all pui'jioses seven years after tliw date hereof.) 
 
 ss : 
 
 I aged years, occupation , do 
 
 declare on oath (aflirm) that my personal description is: Color 
 
 complexion , height w-eight color of hair 
 
 , color of eyes , other vi.sible 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 re- 
 nounce forever all allegiance and fidelity to any foreign prince, potentate, 
 
 state, or .sovereignty, and particularly to , of which I am 
 
 now a citizen (subject); I arrived at the (port) of , in 
 
272 APPENDIX. 
 
 the State (Territory or District) of on or about the 
 
 day of anno domini ; I am not an anarchist ; 
 
 I am not a polygamist nor a believer in the practive of polygamy; and 
 it is my intention in good faith io become a citizen of the United States 
 of America and to permanently reside therein. So help me God. 
 
 (Original signature of declarant) 
 
 Subscribed and swoni to (aflirmed) before me this day of 
 
 anno domini 
 
 [r,. s.] 
 
 (Oflicinl character of attestor.) 
 
 PF.TITION FOR NATITRALIZATION. 
 
 Court of .' 
 
 In the matter of the petition of to be admitted as a 
 
 citizen of tlie United States of America. 
 To the Court : 
 
 The petition of respectfully shows: 
 
 First. My full name is 
 
 Second. j\Iy 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 .... manned. 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 uot a disbeliever in or opposed to organized govern- 
 ment or a member of or affiliated with any organization or body of i)er- 
 sons teaching disbelief in oi'ganizcd government. I am not a polygamist 
 nor a believer in the practice of polygamy. I am attached to the ])rin- 
 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 forever 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 domiui and in 
 
 the State (Ten-itory 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 
 
APPENDIX. 273 
 
 court: (I made petition for citizenslii]) to tiie court of 
 
 at and ihe said petit iou was denied by 
 
 tiie said court for tlie following; reasons and causes, to-wit , 
 
 and tlie cause of sudi denial lias since liceu cured or removed.) 
 
 Attaclied hereto and made a part of this jietiliou are my declaration 
 of intention to become a citizen of the United Stales and iiie ceriificate 
 from tlie Department of Commerce and Labor required by law. Where- 
 fore your petitioner prays that he may be adinilled a cilizcn of Ihe 
 United States of America. 
 
 Dated 
 
 (Signature of ])etiti(iner) 
 
 ss : 
 
 being duly sworn, (h'jioses and says that he is 
 
 the petitioner in the above-entitled proceeding; that he has read the 
 foregoing petition and knows the contents thereof; that the same is 
 true of his own knowledge, except as to matters therein stated to be al- 
 leged upon information and belief, and that as to those mattci-s he be- 
 lieves it to be true. 
 
 Sidiscribed and s\v(Uii lo before me this day nf , 
 
 anno domini 
 
 [!'■ S.] 
 
 Clerk of (he (lourt. 
 
 AFFIDAVIT OF WITNESSES. 
 
 Court of 
 
 In the matter of the petition of to be admitted a 
 
 citizen of the United States of .Vmerica. 
 
 , ss : 
 
 , 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 ])ersonally 
 
 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 jireceding the date of 
 
 filing his i)etition ; and that he has ]iersonal knowledge that the said 
 petitioner is a person of good moral character, attached to the principles 
 of the Constitution of the United States, and Ihat he is in every way 
 qualified, iu his opinion, to be admitted as a citizen of the United 
 States. 
 
 Subscribed and sw(U-n Id Itefore me (his day nf 
 
 nineteen hundred and 
 
 [!'• S-] 
 
 (Official character of attestor.) 
 35 
 
274 APPENDIX. 
 
 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 residence of minor children, , , 
 
 , ss : 
 
 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 Amei'ica 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 preceding 
 the date of the hearing of his (her) petition, and that said petitioner 
 intends to reside permanently in the United States, had in all respects 
 complied with the law in relation thereto, and that .... he was en- 
 titled 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 ninetoeii 
 
 hundred and , and of our independence the 
 
 [L- S-] 
 
 (Official character of attestor.) 
 
 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 ihe 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 provisions of this 
 
APPENDIX. 275 
 
 act shall be admitted in evidence equally with the originals in any and 
 all proceedings imder 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 Stales, and who may become residents of any 
 state or organized territory of tlie United States, with the following 
 modifications: The applicant shall not be required to renounce alle- 
 giance to any foreign sovereignty ; he shall make his declaration of 
 intention to become a citizen of the United States at least two yeai'S 
 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' 
 residence 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 a.s 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 de- 
 fective certificates, and citizenship shall be deemed to have been per- 
 fected at the date of the defective certificate. 
 
 I 
 
INDEX TO 
 GENERAL ELECTION LAWS 
 
 The Index to the Priraary Election Law Immediately Follows. 
 
INDEX 
 
 TO GENERAL ELECTION LAWS. 
 (Rcfprences are to Compiler's Sections.) 
 
 ACCOUNT: , ,. ''' S'-ctlon^ 
 
 of nomination or election expenses *'■'• ''" 
 
 to l)c open to public inspection J|' 
 
 inspection of :ig 
 
 notification of failure to file Joi 
 
 blank forms for, how furnished *-^ 
 
 ACTS : 
 
 adoption of, by people Jj 
 
 petitions for q 
 
 subject to referendum ;^ 
 
 amendment of ^ 
 
 not subject to governor's veto • 
 
 when to take effect ' 
 
 how published 
 
 ACTS 01" LEGISI.ATtTRE: , p 
 
 when to take effect ^ 
 
 sublect to referendum 
 
 ADJOURNMENT: , ^. , ,.„ .^^ 
 
 noon, of the polls iu townships, proclamation, etc i'->. '»- 
 
 of pollinfT places ^ii 
 
 of board of state canvassers Sj^ 
 
 from dav to dav b.v county canvassers ^*^ 
 
 final, of" township board of canvassers subject to recall -110 ^?i 
 
 of annual township meetings, proceedings, notice of, etc ai-.m 
 
 AFFIDAVIT: . ^ ,.,. <1 
 
 to be attached to initiative or referendum pedlions J 
 
 to be attached to petition for constitutional ainendmenl '» 
 
 to be attached to recall petition '"'* 
 
 AGENT: , ,. .,:, 
 
 of corporation, etc., not to contribute lo election expenses «-o 
 
 ALDERMEN : „ , _,« ,- 
 
 to constitute board of registration in cities i-Fo kr-' 
 
 to net as inspectors of election .■;•■■, • ■ '^ '■^^' SS? 
 
 when two, at large may be elected in fourth class cides. term of office 6dl 
 
 number of, olecti'd at first election in cities of fourth class 040 
 
 ALIENS: 
 
 naturalization of : See appendix. 
 
 AMENDMENTS : , ,_ on 
 
 and revision of constitution, how made ' '-o" 
 
 constitutional, secretary of state to certify to submission 101 
 
 how voted for. etc ''ii 
 
 ballots, how printed, voted, etc '°^ 
 
 canvass of votes on ■ .>i t i >> 
 
 canvass of votes by state board on constitutional -' '■^- 
 
 to constiliilion to "bo published with laws , -i^> 
 
 recount of votes east on, by board of state canvassers -•!■'. -'J" 
 
 correction upon certiorari of error in return of votes on............. -Ji 
 
 duly of secretary of stale as to publicity of proposed const II utional, etc 0d4 
 
 ANNUAL CITY ELECTION: r.rrr; r,7n 
 
 in fourth class cilies. notices, canvass, n-luni. etc o.>.>-j(u 
 
 ANNUAL MEETING : o-i 
 
 applied to townships, how construed .■•;■■,•,••■,■•,".■';'■ 
 
 ANNUAL TOWNSHIP MEETING; (see township meeting and April election). 
 
 "when candidate niav. to circuit court for exaniinaliou, etc.. of returns 2SG 
 
 APrOINTlVE Ol'FlCERS: , . ^ 47R 
 
 by the governor, etc., resignations of, when made ^>° 
 
280 INDETX. 
 
 APPOINTMENTS : Sections. 
 
 members of legislature not to receive civil 15 
 
 of election inspectors in townships having more than two districts, by whom 274 
 
 of election inspectors In village, when notice given 277 
 
 temporary, to fill vacancy in certain oflices by town board 357 
 
 of person to fill vacancy in office of county ' treasurer, by whom 436 
 
 in office of register of deeds, when and by whom 444 
 
 of prosecuting attorney by governor 448 
 
 to fill vacancy in office of county commissioner of schools, by whom 462 
 
 officers by, resignations of, how and to whom made 478 
 
 vacancies in certain state offices tilled by, by whom 490 
 
 of county officers to fill vacancy, by whom 491 
 
 of cerlain officers in cities of fourth class, by whom and wljen made 538-539 
 
 term of officers holding office by, in cities of fourth cla.ss 542 
 
 .APPORTIONMENT : 
 
 of state representatives, ratio, etc 636 
 
 of state into thirty-two senatorial districts 637-8 
 
 APPROVAL OF BONDS : 
 
 of county officers, by board of supervisors 477 
 
 of congressmen 639 
 
 APRIL ELECTIONS: (see also township meetings). 
 
 officers elected at, in townships 305 
 
 county commissioner of schools to be elected at 460 
 
 circuit judges, election of, canvass of votes, term, etc 498-505 
 
 regents of universit.v, elected at, canvass of votes, etc 506-509 
 
 members of slate board of education elected at 510 
 
 superintendent of public instruction elected at 511 
 
 .itistices of supreme court elected at, canvass, etc 512-519 
 
 in fourth class cities, inspectors, proceedings, canvass, etc 553-570 
 
 ARREST: 
 
 of person leaving room with ballot or pencil 163 
 
 of person offending against elections, who to cause ."84 
 
 ASSESSOR : 
 
 in cit.v, to act as inspector of election 139 
 
 ASSISTANCE: 
 
 of voter in preparation of ballot 158 
 
 where voting machines are used G15 
 
 ATTORNEY : 
 
 of corporation, etc., not to contribute to election expenses 425 
 
 ATTORNEY GENERAL : 
 
 to approve form of blanks for statement of election expenses 421 
 
 vacancy in office of, how filled 490 
 
 to draft forms, etc., for use at local option elections 658 
 
 AUDITOR GENERAL: 
 
 when to act as member, board of state canvassers 200 
 
 vacancy in office of, how filled 400 
 
 salaries and expenses of state highway commissioner and deputies to be paid 
 
 on warrant of 523 
 
 B. 
 
 BALLOTS: 
 
 numlier of, to he prepared I)y election commissioners 147 
 
 proof copy of, when placed on inspection 149, 233 
 
 form of. perforation of. etc 152, 333 
 
 arrangement of names on 152 
 
 duty of printer, as to printing, delivery, etc 154 
 
 pacliagc containing, to be sealed, certified, and receipted for upon delivery. . 156 
 
 how and when opened ". . . 159 
 
 initialing of 159 
 
 how marked by voter, folding of 163 
 
 by whom and where distrilnited. to have initials, etc 167 
 
 assistance of voter in preparation of 169 
 
 unused and spoih^d. to be preserved, etc 171-2 
 
 canvass of. result, how declared, statement, etc 173, 175 
 
 to he placed in box. sealed, etc 174 
 
 limit of time in booth while preparing 179 
 
 constitutional amendments, to lie separate. Iiow marked, etc 183 
 
 and poll lists to be delivered to city clerk 184 
 
 duty of inspectors upon receipt of, of chalh'Uged voter 235-36 
 
 when may be produced in court 237 
 
 proceedings for making recount of 256 
 
 after recount to be sealed up, to whom returned 261 
 
 to be counted and compared with poll list 340 
 
 in cities of fourth class, preparing of, etc 566 
 
 for local option election, form of, who to furnish 646 
 
 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, liow marked 183 
 
 board of st:ite canvassers may demand and cause to be brought 229 
 
INDEX. 
 
 281 
 
 nAIJ.OT BOXES— Con. Sections. 
 
 wlipn bo.ird of state canvasser.s may open 230 
 
 when may be producefl in oourt 237 
 
 wlien may be opened by county canvassers 243 
 
 Ijower of supervisors to open for ri'cnunt 205 
 
 penalty for violation of. brcakinj; iiit". etc 2515, 382 
 
 used in election district, \\iici-c dcjinsilcil 273, 278 
 
 common council may provide, for city primaries 293 
 
 how constructed, kept and disposed of at lown uu'i'liims 332 
 
 in cities of fourth class, by whom kep(. etc r,r,f) 
 
 villa;;e council to provide r,S7 
 
 r..\I,LOT CLERKS: 
 
 may be dispensed with in election dislricis usintr voljn;; uiachiiies 000 
 
 li.VLLOT LABELS: 
 
 providini;, for voting machines C02 
 
 BANKING LAW : 
 
 votes on, how canvassed and returned 211 -'^12 
 
 BETTING: 
 
 on elections, penalty, proviso as to line 4SG-8S 
 
 BIENNIAL REPOHT: 
 
 of state highway commissioner • S'^s 
 
 BLANKS : 
 
 for statement of election espen.ses, how furni.shed 421 
 
 BOARD OF COUNTY CANVASSERS: 
 
 in certain counties, to be board of election commissioners 148 
 
 statements of election forwarded by registered mai( to 175 
 
 duties of 185-92 
 
 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 240 
 
 election, powers and duties 240-52 
 
 term of otEce of, oatb, etc 241 
 
 when to meet and organize 242 
 
 proceedings of, in making canvass 243 
 
 to make statement of result of count 243 
 
 proceedings of, in case of tie vote 244 
 
 penalty for violation of act 248 
 
 duties of, in case of rccoimt 249-52 
 
 special canvass by, for state senator or representative 253 
 
 duty of, as to investigation, etc., of fraitds, etc.. made by inspectors 256 
 
 canvass of votes by, for circuit .1udge and regents 503, 509 
 
 for supreme court .lustices -. 372 
 
 BOARD OF COUNTY ROAD COAI.MISSIONrRS : 
 
 election of 463-464 
 
 BOARD OF DISTRICT CANVASSERS: 
 
 statement of votes by, what to contain 186 
 
 duty of, in case of tie vote 188 
 
 who to constitute, powers and duties 193-98 
 
 when and where to meet and make canvass 195 
 
 manner of determining person elected 197-98 
 
 to certify names of persons elected 190 
 
 to publish result of canvass 199 
 
 I'.OARD OF EDUCATION: (see state board of cdniationt. 
 
 BOARD OF ELECTION COMMISSIONERS: 
 
 county, members of, duties, etc 147-8 
 
 unlawful for, to cause name printed in more than onif 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 
 
 wlien may designate elector ballots may be delivered lo 157 
 
 duty of, as to printing, etc., of I)aIlols for constitnt lonal aiueudments 1S3 
 
 township board to constitute township, duties of 2.32 
 
 city, who to constitute, duties of 232 
 
 village, who to constitute, duties of 297, 587 
 
 when political committees to furnish, witli names of candidates 233 
 
 in fourth class cities, appointment, duties, etc 565-66 
 
 duties of, as to voting machines, names of nominees, instructions to voters, 
 
 etc 594 
 
 BOARD OF ELECTION INSPECTORS: (see inspectors of elcclionl. 
 
 BOARD OP REGISTRATION: 
 
 who to constitute, for cities and townships 84 
 
 in cities, meetings of, powers and duties 80-90 
 
 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, 270, 303 
 
 in Wayne county, who to make re-registration 113 
 
 when, in session 113 
 
 election inspectors to constitute, in new townships 114 
 
 when to meet 1 lil 
 
 In new townships, organization of, etc 117-10 
 
282 INDEX. 
 
 BOARD OF REGISTRATION— Con. Sections. 
 
 not to meet where intoxieatinj^ Honors are sold 120 
 
 penalty fi.'r violation 121 
 
 duties of, as to registration of electors in districts 272 
 
 membership, how ronslitiitcU 272 
 
 in fourth class cities, duties, re-registration, new wards, compensa- 
 tion, etc O.S0-5K5 
 
 first, in vilfage, how constituted 57,"3 
 
 subsequent, how appointed 576 
 
 how to proceed, in making registration 577 
 
 BOARD OF STATE CANVASSERS: 
 
 who to constitute, duties of, etc 34, 200 
 
 powers and duties of 200-212 
 
 secretary of state to appoint time of meeting of 204 
 
 statement of, what to show 205-C 
 
 when to canvass votes for presidential electors 209 
 
 ma.v adjourn from day to day 215 
 
 act for recount of votes canvassed by 226-230 
 
 canvass by, for circuit judges 504 
 
 for regents of university 509 
 
 for- justices of supreme court 516 
 
 BOARD OF SUPERVISORS: 
 
 duties of, as to dividing county into representative districts 11 
 
 wlien special elections to be ordered by 126, 135 
 
 to elect board of county canvassers 240 
 
 recount of votes canvassed by 264-265 
 
 duty as to first election in new township 378 
 
 may select person to fill office of county treasurer in case of vacancy, etc. . 436 
 
 removal and appointment of county olficers by 491 
 
 to appoint time for first election in village 575 
 
 when may authorize the use of voting machines 627-31 
 
 duty of, relative to local option elections 640-65S 
 
 BOND : 
 
 of justice of the peace, where filed 308 
 
 penalty for certain township officers neglecting to file 353 
 
 county treasurer to give 435 
 
 county clerk to give, amount of and by whom approved 439 
 
 of sheriff 441 
 
 of coroners 442 
 
 of register of deeds 443 
 
 of county surveyor 445 
 
 when certain county officers to give, with whom filed 447 
 
 of circuit court commissioner 457 
 
 county commissioner of schools 460 
 
 county drain commissioner to execute and file 465 
 
 of county mine inspector 471 
 
 approval of county officers', by supervisors 477 
 
 when probate or circuit judge may approve 477 
 
 oflicers in cities of fourth class to give, by whom examined, with whom filed 546-48 
 
 BOOTHS: -„.,=„ 
 
 pencils, etc., to be furnished for each l;ju-6, 159 
 
 admittance of voters to, in the order in which they apply 158 
 
 to be erected in voting room, number of and specitications 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 283 
 
 voting machine, assisted elector to be left alone in 615 
 
 BRIBERY : „^. 
 
 penalty for attempted, of elector o»Y 
 
 who deemed guilty of ob9, owl 
 
 C. 
 CANDIDATES: 
 
 not to act as Inspector of election i-'" 
 
 name of, nominated by two or more parties, unlawful to be printed in more 
 
 than one column on ballot J48 
 
 exceptions as to circuit judge of lOtb judicial circuit 14| 
 
 names of, and vignette adopted, to be sent to chairman 148 
 
 order of placement of, on ballot for November and April elections IB/ 
 
 in case of death, removal or withdrawal of loo 
 
 unlawful to influence voter to vote for or against 17U, isu 
 
 how may have recount of votes can%assed by board of state canvassers.... 2ib-JdU 
 
 petition to be filed by 5^° 
 
 deposit to be made by ~~i, 
 
 to give notice to opponent of filing petition ^^" 
 
 names of, when and by whom given to commissioners .. . ^ga 
 
 contesting election, to file petition for recount of ballots and make deposit.. 24\i, ^Hl 
 filing petition for recount to make deposit, etc., when may appeal to circuit 
 
 court ii-n 
 
 to be notified of recount by county canvassers r»" 
 
 "primaries" for choosing, for office, in cities, how construed, etc „nrti 
 
 at city primaries, unlawful to solicit money from, influence voter, etc 2J4-a5 
 
INDEX. 283 
 
 CANDIDATES— Con. Spclious. 
 
 at convontion. unlawful for dclcg.ito to solicit money, etc 297 
 
 legitimate election expenses of ."JOO 
 
 not to provide refreshment for corrupliti!; voter, penally 392 
 
 election of. who commits bribery, void 395 
 
 penalty for offering reward, etc.. to support 409-411 
 
 limitation of nomination and election expen.>ies of 412-432 
 
 lawful expenditures by 414 
 
 to render sworn slatement of expenditures 41.'"), 41G 
 
 payment of contributions to 422 
 
 not to disburse money received from anonymous source 424 
 
 corporations, etc.. not to contribute to expenses of 425 
 
 political advertisements for or against 427 
 
 circulars, etc., reflecting upon character of 428 
 
 certain persons not to ask donations, etc. from 432 
 
 in fourth class cities, in case of lie vote for 588 
 
 for police justices, nomination 571 
 
 primary election law for nomination of 6G3-712 
 
 CANVASS 01'' VOTES: 
 
 how conducted, what ballots void, etc 173 
 
 result of, how declared, statement, etc 175 
 
 on constitutional amendments 183, 192, 211-12 
 
 for state and county officers 185 
 
 who to constitute board for district 193 
 
 when and where district canvassers to meet for 195 
 
 state, when and how made 205-12 
 
 for presidential electors, when made 209 
 
 method of, by board of county canvassers 243 
 
 petition of candidate, in alleged fraud or error in 249 
 
 special, for state senator or representative to fill vacancy 253 
 
 proceedings for correction of frauds, etc., in, etc., made by inspectors 256 
 
 in district, how and by whom performed * 273-74 
 
 at township elections 334-37 
 
 at primaries, penalty for inspectors making false 401 
 
 for circuit Judge, how conducted, etc 502-3 
 
 for regents of university 508-9 
 
 for justices of supreme court, state and county 517-19 
 
 in fourth class cities, how conducted 566 
 
 at village election, law governing 590 
 
 number of pamphlets showing result of, at April election, by whom printed.. 633 
 
 at local option election, statements, where filed 647 
 
 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 283-304 
 
 punishment for offenses at 398-406 
 
 CENTRAL POLLING PLACES: 
 
 in fourth class cities, how established 281-2 
 
 CERTIFICATE : 
 
 of election, county clerk to make and deliver 190 
 
 of determination by state board of canvassers 207 
 
 candidate not receiving, of election may have returns examined, etc., in 
 
 circuit court 256 
 
 of statement relative to results, etc., of canvass 341-2 
 
 of election in fourth class cities, where filed, etc 567 
 
 and statement of votes, to be filed with village clerk 590 
 
 CERTIFIED COPIES: 
 
 clerk to furnish secretary of state with, of rountv canvass 246 
 
 CERTIORARI : 
 
 correction upon, of errors in election returns 251, 266 
 
 CHAIRMAN : 
 
 of hoard of election inspectors, when supervisor to he 146 
 
 of board of election commissioners 147 
 
 of board of election inspectors in each precinct, to procure ballots, etc 158 
 
 of board of county canvassers, election of, etc 242 
 
 of election Inspectors in fourth class cities 562 
 
 of state central committee, when elected 715 
 
 CHALLENGE: 
 
 of person not registered 98 
 
 proceedings in case of 161, 335 
 
 duty of inspectors to, disqualified elector 162 
 
 of elector at city primaries, oalli, etc 289-90 
 
 challenged voter to wait until others have voted 291 
 
 of voter in townships, duty of moderator 371 
 
 of voters at primaries, oath, when vote received, etc 400-401 
 
 CHALLENGED VOTER : 
 
 duty of inspectors upon receipt of ballot of 235-6 
 
 CHALLENGERS : 
 
 number of, position assigned, powers and authority of, removal of 100 
 
 duties of, in assisting voters 160, 615 
 
 employment of, deemed lawful expenditure 414 
 
 CHIPPEWA COUNTY: , , 
 
 county commissioner of schools In, to be elected at general election 4IjO 
 
284 INDEX. 
 
 CIRCUIT COURT: Sections. 
 
 when candidate may appeal to. ^or examination, etc., of returns iloO 
 
 judge of. may fill vacancy in ofBce of county clerlt or prosecuting attorney.. 488 
 
 CIRCUIT COURT COMMISSIONER : 
 
 election of, term of ofBee, etc .... 4.'i.'i-d 
 
 wlien counties entitled to two 4.^(;^, 
 
 wlien two, elected, county canvassers to designate successoi* -iTA 
 
 oatli and Ijond of 4.10.7 
 
 vacancy in office of, liovv tilled 4.''i8 
 
 salary, certain acts providing, of .$1,000 repealed . ■. 459 
 
 CIRCUIT .lUDGES: 
 
 term of oHice of. when elected 39 
 
 in lOtli judicial circuit, exception as to form of l)allnt 148 
 
 when to designate successor of circuit court commission<'r 455 
 
 when may approve county officers' bonds 477 
 
 when may remove county clerk 485 
 
 may fill vacancy in office of county clerk or prosecuting attorney 488 
 
 election of, canvass of votes, term, etc 498-506 
 
 CIRCULAR : 
 
 political, containing false statements, etc., prohibited 428 
 
 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 88 
 
 opening and closing of polls in, and townships 182 
 
 who to constitute board of election commissioners in 232 
 
 duties of r. . 232 
 
 act relative to primaries in, of certain population 283-304 
 
 under 15,000, bow may conduct primaries 300 
 
 election of police judges and clerks in certain 571-574 
 
 when, may purchase voting machines 597 
 
 term of office of members of political committees in 662 
 
 CITIES OF THE FOURTH CLASS; 
 
 establishment of central polling places in 281-2 
 
 registration in, duties of board, re-registration, etc 528-535 
 
 what officers in, to be elected 536 
 
 when two aldermen at large may be elected in 5.S7 
 
 appointments of certain oJficers in, made by mayor with council's consent.. 538-9 
 
 officers elected, appointed or filling vacancy In, term of office 540-43 
 
 qualifications for holding office in 544 
 
 officers in, when to take oath and give bond 545-48 
 
 elections in, inspectors, conducting of, canvass, returns, etc 555-570 
 
 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 bo,\, key, election seal, etc 144 
 
 printed instructions to voters furnished by 168 
 
 to have charge of ballot box 174 
 
 duty of. as to duplicate statements of result of election 175 
 
 ballots and poll lists to be delivered to 184 
 
 to be notified of holding of primaries 292 
 
 to be furnished blanks for statements of election expenses 421 
 
 petitions for recall of mayor to be filed with 493 
 
 in fourth class cities, notice of, as to registration 534 
 
 notices of election given by 558 
 
 duty as to ballot boxes, certificate of election, etc 559, 567-570 
 
 CITY COUNCIL: 
 
 may by resolution keep polls open till 8 o'clock 143 
 
 when, may authorize the use of voting machiues at city elections 597 
 
 CITY OFFICERS: 
 
 removal of, for certain reasons, by whom 484 
 
 petitions for recall of, to be filed with mayor 493 
 
 what, in cities of fourtli class to be elected 538 
 
 appointments of certain, in cities of fourth class, when and by whom made. 538-9 
 
 terms of, oath and bond, appointments of, etc 541-546 
 
 CITY POLITICAL COMMITTEES: 
 
 act to fix term of members of 062 
 
 CIVIL PROCESS: 
 
 not to be served on election day 224 
 
 CLASSIFICATION : 
 
 of justices of the peace, in case of no previous election 407 
 
 in new townships 348-51 
 
 in case of election to fill vacancies 452 
 
 CLERKS OF ELECTION; 
 
 how may register name on election day 97 
 
 in townships and cities 141 
 
 duly as to entering names on poll list 163 
 
 to compare poll lists, etc 164 
 
 use of liquors by, on election day 178 
 
 compensation of 363 
 
 not effective until ratified by electors 364 
 
 rules, etc., governing conduct of, where voting machines are u.sed 607 
 
INDEX. 286 
 
 COLUMBUS DAY: St-itlons. 
 
 designated as a legal Iiolidav 061 
 
 rOMMISSIONER OF HIGHWAYS: 
 
 election of. term of office 30.">. 308. 30!) 
 
 when overseer to assume duties of H27 
 
 deslenalion of persons to lill vacancv of, on ballol 335 
 
 COMMITTEES : 
 
 state, county and district, to forward to counly eieclion ctnuiiiissioners \i'^- 
 
 nette and names of candidates ItS 
 
 political, in townships, cities and villages, duties of 23- 
 
 party, to designate time for lioldinjr primaries in cities 28.'i 
 
 may make rules as to registration at city primaries 398 
 
 COMMON COUNCIL: 
 
 to provide for by ordinance, division of voting precinct 142 
 
 may establish central polling places ; 281-2 
 
 appointment by, of inspectors of election 282 
 
 may cause political parties to hold primaries at same time 293 
 
 of cities under 15,000 may enact ordinance as to conduit of primaries 300 
 
 authority of, as to opening and closing of saloons on election days 434 
 
 in fourth class cities, may divide wards into precincts .529 
 
 duty as to board of registration 530 
 
 when may provide for election of Iwo aldermen at largo 537 
 
 duty as to elections, notices, etc 547-70 
 
 when, may purchase voting machines 507 
 
 COMPENSATION : 
 
 of members of boards of registration 110. 279. 363 
 
 of gate keepers 176 
 
 of sheriff and county canvassers for election services 222 
 
 of district canvassers, how paid 22.3 
 
 of oiBcers reijuired to appear liefore l)oard of state canvassers 229 
 
 of board of counly canvassers 240 
 
 election inspectors to receive 270 
 
 to members of board of registration in villages 283 
 
 of township offlcers -363-5 
 
 of board of registration in fourth class cities 530 
 
 in fourth class cities, of inspectors of election 561 
 
 of village election inspectors 585 
 
 CONGRESS : 
 
 petitions for recall of members of, to be filed with governor 493 
 
 apportionment of representatives in 639 
 
 CONGRESSIONAL DISTRICTS: 
 
 division of state into 639 
 
 CONSTABLES: 
 
 election of, term of offi<-e. number of 53, 305, 309 
 
 duty as to offenses against elections 384 
 
 to close saloons, etc., found open on election day, and report to prosecuting 
 
 attorney 397, 434 
 
 CONSTITUTIONAL AMENDMENTS: (see amendments). 
 
 CONSTITUTIONAL PROVISIONS: 
 
 relative to elections 1-82 
 
 CONTESTED ELECTION : 
 
 proceedings in case of .» 237-9, 257-63 
 
 CONTRIBUTIONS: ^„„ ^„„ 
 
 to election expenses, to whom payable 422, 426 
 
 not to be made by corporations, etc 425 
 
 CONVENTION : 
 
 primaries In cities for choosing delegates, etc., to 283 
 
 delegation to city or county, vacancy, how filled 296 
 
 unlawful (or delegate to solicit money 297 
 
 delegates to, elected by ballot, in case of tie, etc 299 
 
 of political parties, act to protect and punish offenses at 399-407 
 
 delegates to, or primary, certain acts, misdemeanor 402 
 
 not to give proxies 408 
 
 vacancies in delegations to political, how filled 408 
 
 penalty tor offering and soliciting money at political 409-11 
 
 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 oHice, when elected, to give bond 442 
 
 vacancv in office of, how and when may be tilled temporarily 486 
 
 CORPORATIONS : 
 
 not to contribute to election expenses 42o 
 
 CORRUPT PRACTICES : 
 
 act to define and prevent 412-432 
 
 COUNTIES: 
 
 closing of polls in, where all precincts use voting machines 143 
 
 when unorganized, considered organized for election purposes 220 
 
 when, entitled to two circuit court commissioners 453 
 
 apportionment of state senators and representatives among 636-7 
 
 COUNTY CANVASS: 
 
 of votes 1 ^'';^z 
 
 clerk to make three copies of |i4.j 
 
 original copy, where filed -*•> 
 
286 INDEX. 
 
 COUNTY CANVASSER: Sections 
 
 compensation of, by wliom allowed, etc ooo 
 
 COUNTY CANVASSERS: (see board of county canvassers). 
 
 COUNTY CLERK: 
 
 filing of initiative or referendum petitions witb 9 
 
 list of electors, election inspector to file with ,,', 89 
 
 township clerk to file copy of rejrister witb " []] 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 visnettc, etc., when filed in oflice of 15b 
 
 printed instructions to voters, duty as to 168 
 
 tally sheet and statement of canvass forwarded to I75 
 
 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 [ 193 
 
 duty of, when unable to attend district canvass 196 
 
 to furnish secretary of state copy of determination of district canvassers.... 199 
 
 to notify persons elected 199 
 
 to file notice of vacancy in office of congressman 216 
 
 to notify members of county canvassers of election 240 
 
 to be member of board of county canvassers 240 
 
 to make three copies of county canvass 245 
 
 to file original 245 
 
 to furnish secretary of state, certified copies of county canvass 245-6 
 
 penalty for neglect of duty as county canvasser 247 
 
 duty of. as to furnishing blanks for making election returns 255 
 
 return of names, etc.. of persons elected or appointed to be made to 360 
 
 duties of, under act limiting election expenses 415, 418. 419, 421 
 
 . term of office, when elected, to give bond 438 
 
 when, to transmit to secretary of state certified list of certain officers.... 440 
 
 supervisor to notify, of vacancy in ofl3ce of treasurer or justice of the peace 480 
 
 removal of, when and by whom 485 
 
 vacancy in office of, may be filled by circuit .iudge 488 
 
 and prosecuting attorney may appoint to fill vacancies in certain county 
 
 offices 488 
 
 statement of vote for circuit judge, to whom sent, etc 50.S 
 
 papers relating to incorporation of village to Ije filed with 575 
 
 certificates of determination of village election, to be filed with 591 
 
 duty of, relative to voting machines 604 
 
 returns of vote of certain officers at general election by, when and to whom 632 
 
 election returns from senatorial districts made to 638 
 
 duty of, when presented with petition to submit question of prohibiting 
 
 liquor traffic in county 642 
 
 to forward to secretary of state transcript of resolution of prohibition.... 652 
 
 when to make copy of poll list, fee for 656 
 
 COUNTY COMMISSIONER OF SCHOOLS: 
 
 to be elected at April election, term of office, to file oath and bond 460 
 
 eligibility to office of 461 
 
 vacancy in office of, how and by whom filled 462 
 
 COUNTY COMMITTEES: 
 
 State, district and, to forward to county election commissioners, vignette and 
 
 names of candidates 148 
 
 COUNTY DRAIN COMMISSIONER: 
 
 election of, oath, bond, term of office, etc 465 
 
 appointment of, to fill vacancy 465 
 
 COUNTY OFFICERS: 
 
 election, term of office, etc 47, 49 
 
 special elections of, by wlioni ordered 126 
 
 duty of sheriff as to genera! 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 244 
 
 oath of office, bonds of 446-47 
 
 elected at general election, when terms of office to commence 450 
 
 inspector of mines, when elected, term, qualifications, bond, etc 467-472 
 
 approval of bonds of, by board of supervisors ■ 473 
 
 when judge of probate or circuit court judge may approve bonds of 473 
 
 vacancy in office of certain, how filled 481 
 
 removal of certain, by whom 482-4 
 
 removal and appointment of, by board of supervisors 491 
 
 petitions for recall of, to be filed with probate judge 493 
 
 COUNTY PUBLIC HOSPITALS: 
 
 ri'ferondum on 473-4 
 
 election i«f trustees of 475-6 
 
 COUNTY RUAli CO.M-\I1.'<SIONERS: 
 
 election of 463-404 
 
 COUNTY SURVEYOR : 
 
 term of office, when elected, to give bond 44o 
 
 vacancy in office of, how filled temporarily 488 
 
INDEX. 287 
 
 COUNTY TICKET: ScctlonR. 
 
 order or arrnnnement , 150 
 
 COUNTY TREASURER : 
 
 term of office, when elected, to give bond 435 
 
 vacancy in office of. liow and by wliom supplied . . . , 430 
 
 to file bonds given bv certain county officers 447 
 
 COURT OF DOMESTIC RELATIONS: 
 
 election of judKe of 451-45" 
 
 COURTS: 
 
 jurisdiction of, for offenses against regislralion laws t07 
 
 proceedings of, in cases of contested election 2.'i8-ft 
 
 having charge of offenses against elections, duly as lo grand jury 4R5 
 
 of record, judges of, not subject to recall ". S, 492 
 
 D. 
 
 DEATH : 
 
 in case of, etc., of candidate : I53 
 
 DELEGATES : 
 
 to conventions, primaries in cities, for choosing 283 
 
 to city or county convention, vacancies, how filled 296 
 
 elected to city or county convention not to give proxy 296, 408 
 
 soliciting of money by, misdemeanor 297 
 
 to convention, bow elected, ballots in case of tie, etc 299 
 
 penalty for soliciting money or reward 409-11 
 
 to primary or convention, certain acts a misdemeanor 402 
 
 caucuses for appointment of, to conventions, when to begin, etc 407 
 
 DEPOSITS: 
 
 made by candidates filing petition for recount of ballots. .228, 249, 251, 23G-7, 264, 206 
 DEPUTY STATE HIGHWAY COMMISSIONERS: 
 
 appointment, qualifieations, etc 523 
 
 DETERMINATION : 
 
 of state canvassers to be published 214 
 
 of result of Section of circuit judge, by whom given 504 
 
 of state canvassers as to result of election of justices of supreme court.... 519 
 
 of council in fourth class cities of result of election 567 
 
 DETROIT CITY: 
 
 section relative to registration not to apply to 88 
 
 DIRECT NOMINATIONS: 
 
 act relative to 663-712 
 
 DIRECTOR : 
 
 of corporation, not to contribute to election expenses 425 
 
 DISTRICT CANVASS: 
 
 of votes 186-199 
 
 duplicate statement of, where filed, etc 189 
 
 DISTRICT CANVASSER: 
 
 compensation of, how paid 223 
 
 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.. 209 
 
 duties of, as to canvassing votes in districts 27.3 
 
 DISTRICT NO. 1: 
 
 who to constitute board of election inspectors in 209 
 
 statements, etc., relative to election in village districts to be deposited with 
 
 inspectors of 273, 278 
 
 election inspectors in village, of whom to consist 277 
 
 DISTRICT NO. 2 : 
 
 who to constitute board of election inspectors in 269 
 
 DISTRICTS. ELECTION: 
 
 division of townships and villages into, and providing for registration 267-80 
 
 DISTRICTS, REPRESENTATIVE: 
 
 counties constituting one, returns of, where made 636 
 
 DISTRICTS. SENATORIAL: 
 
 apportionment of state into thirty-two 637 
 
 DISTURBANCES: 
 
 exciting, at election, etc., misdemeanor 433 
 
 DIVISION: 
 
 of election districts 142 
 
 of township into election districts 267 
 
 DOMESTIC RELATIONS, COURT OF: . ,, 
 
 election of ludge of 4.')l-452 
 
 DRAIN COMMISSIONER: (see county drain commissioner). 
 DRAWING LOTS: 
 
 when canvassers may deternaine person elected by 1^8 
 
 DRUNKENNESS : 
 
 cause for removal from office '° ' 
 
 E. 
 
 KI,i:i"ln>N 1:(I.M;D: (sei- inspectors of ibM lionl. 
 
 ELKi'TlON ('uM.M1S.S|OM:I!S : iscc lu.ard uf I'h-cii.in commissioners). 
 
 ELEl'TION DAY : 
 
 registration of names on 17a 
 
 bringing of liquors into polling place on, penalty l'** 
 
288 INDEX. 
 
 KLECTION DAY — Con. Sect ions. 
 
 civil process not lo be served on 224 
 
 penalty for sale ot liquor on 397-8 
 
 saloons, etc., to ho closed on. aiTcsts, penalty, etc 434 
 
 KI.ECTION DISTRICTS: 
 
 division of. proceedinj^'s. how troverned 142 
 
 in cities, council to provide by ordinance 142 
 
 when township may ho divided into 267 
 
 boundaries, etc.. of. entered on record of township board 268 
 
 notice of first election or township meeting, when siven 268 
 
 who to constitute hoard of election inspectors in different 269 
 
 registration of electors in 272 
 
 canvass of votes in, by whom statement, etc., to be made 273 
 
 time of meeting of electors in, to transact business and canvass votes.... 274 
 
 division of village into 275-6 
 
 election inspectors in village, of whom to consist 277 
 
 when township board may abolish division of township into 280 
 
 each ward in fourth class cities, when to be 533 
 
 using voting machines may dispense with ballot clerks and gate keepers. . . . 606 
 
 ELECTION EX.\MINERS : 
 
 duty of, as to recount of ballots in contest of election 260 
 
 boai-d of. of whom to consist, how selected 262 
 
 ELECTION EXPENSES: 
 
 legitimate 390 
 
 ELECTION INSPECTORS: (see inspectors of electionl. 
 
 ELECTION RETURNS : 
 
 of the various representative districts, wlicre made 636 
 
 of the senalorial districts, where made 638 
 
 ELECTION : 
 
 of members of legislature, when hold 20 
 
 of justices of the peace 43 
 
 of circuit judges, providing for. canvass of voles, etc 39, 498-50.^ 
 
 of probate judge, when held 42, 438 
 
 of electors for president, etc., when held 129, 217 
 
 candidate for. not to furnish oritertainment, etc., to voters 180 
 
 county clerk to notify per.sons of 190 
 
 of county canvassers, when and by whom 240 
 
 when notice of lirst, in election districts to bo given 268 
 
 manner of, of election inspectors in townships having uioro than two districts 269 
 
 notice of first, in village districts, when given 277 
 
 of delegates to convention, ballot, tie, etc 299 
 
 notice of, to township office, when transmitted by clerk 345 
 
 of candidate who commits bribery, void 395 
 
 of county treasurer 435 
 
 of couutv clerk 439 
 
 of sheriff 441 
 
 of coroners 442 
 
 of register of deeds 443 
 
 of county surveyor 445 
 
 of circuit court commissioner, term of office, etc 453 
 
 of county commissioners of schools 460 
 
 in Chippewa and Lake counties 460 
 
 of county drain commissioner by board of supervisors 463 
 
 notice of, to fill vacancy of county officers 491 
 
 of regents, canvass of votes, statements, etc 506-9 
 
 justices of supreme court, canvass, vacancy, etc 512-19 
 
 of U. S. senator, act relative to 520-22 
 
 in cities of fourth class, what officers to be elected at 540 
 
 in incorporated villages, when annual, held 583 
 
 ELECTIONS : 
 
 for provisions of U. S. constitution relative to, see appendix. 
 
 who entitled to vote at 1 
 
 proceedings relative to registration, etc 84-113 
 
 illegal votiug at. penalty for 99 
 
 notice of, to fill vacancy in certain offices 131 
 
 duty of sheriff as to notifications of 136 
 
 duties of township clerks or inspectors as (o notifications of 138 
 
 election inspectors to keep order, etc., at 162 
 
 canvass of votes, how conducted, void ballots, etc 173 
 
 gate keepers, powers and duties at 176 
 
 not to be held in saloons, changing of polling place 177 
 
 intoxicating liquors, penalty for bringing, into polling place 178 
 
 general, penalty for violating provisions of 181 
 
 general, opening and closing of polls in cities and townships 182 
 
 where unorganized counties considered organized for purposes of 220 
 
 proceedings in cases of contested 237-9, 257-63 
 
 in what manner, conducted by election inspectors 270 
 
 first, in new townships 271 
 
 penalty for neglect ot officers to perform duties, etc 272 
 
 canvass of votes at, in districts and townships 273 
 
 Illegal voting at. penalty for 274 
 
 manner of conducting, in village districts 278 
 
 in townships where division into districts has been abolished, how conducted 280 
 
 act relative to holding of primaries in cities 283-304 
 
INDEX. 289 
 
 ELECTIONS— Con. .Sections. 
 
 ballot boxes, seals, etc.. penalty for violation 383 
 
 bettingc. sellinc: pools, bribery, etc 386-91 
 
 primary, act to protect and punish olTenses at 399-407 
 
 in cities of the fourth class : 
 
 electors in. wards may be divided into precincts R2S-0 
 
 .innual city, wlien held. etc.. special iin.^-.'iS 
 
 notice, openins of polls, inspectors, etc .'i.'57-fiOl 
 
 manner of couductinff, result, in case of tie .'>02-.'>70 
 
 first, in viiiafxe. to be tixed by supervisors 575 
 
 annual, in viilaffes. when held 583 
 
 special, how appointed, when held 584 
 
 villaRe. manner of conductins 589 
 
 who mav authorize the use of votinpr machines at township, city or village.. 597 
 
 ELECTIONS, GENERAL: 
 
 state officers elected at, term of office 23, 6B 
 
 words, how construed 83 
 
 when held 122 
 
 when secretary of state to give notice relative to 132-3 
 
 notice of. choosing county officers > 1 37 
 
 duties of township clerks or Inspectors as to notices of 138 
 
 inspectors at. who to constitute, oath, etc 139. 141 
 
 division of township into districts to be made twenty days before first.... 267 
 
 returns of vote of certain officers east at, when, to and liv whom made.... 632 
 
 ELECTIONS. MUNICIPAL : 
 
 manner of conducting 331-33 
 
 ELECTIONS. PRIMARY: 
 
 general law 663-712 
 
 ELECTIONS. SPECIAL: 
 
 registration board, meetings, etc., in cities and townships 88, 95 
 
 in what cases, may lie 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 134 
 
 duties of board of supervisors and county clerii as to 135 
 
 canvass of votes on constitutional amendments at 192 
 
 canvass of, to till vacancy in office of stati' senator or representative 253 
 
 In fourth class cities, how called and by whom, etc 550-57 
 
 ELECTIONS, TOWNSHIP: 
 
 manner of conducting 231-33 
 
 ELECTIONS, VILLAGE: 
 
 duty of inspectors at first, as to registration 10.5 
 
 township clerk to furnish list of electors at first 105 
 
 council to determine result of 591 
 
 ELECTION SEAL: 
 
 wlio to have charge of, etc 174 
 
 ELECTIVE OFFICERS: 
 
 resignations of, how and to whom made 478 
 
 provisions for recall of S. 492-497 
 
 ELECTORS : 
 
 qualifications of 1 
 
 privilege of, from arrest 5 
 
 registration of. act relative to 84-113 
 
 challenge of vote by 98 
 
 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 169 
 
 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 235-6 
 
 to vote in districts in which they reside 271 
 
 registration of, in districts 272 
 
 district register of, where deposited 273 
 
 time of district meeting of, to transact business and canvass votes 274 
 
 registration of. in villages 279 
 
 qualification of. at school meetings 373 
 
 bribery of. penalty for attempt 380 
 
 not qualified to vote, penalty for Illegal voting 381-2 
 
 penalty for o9:ering position, etc., to, for vote 389-91 
 
 penalty for threatening to discharge, to influence vote 393 
 
 at primaries, challenge of vote, when received, etc 400 
 
 qualifications of, to vote at primary election 404 
 
 in fourth class cities, who deemed to be, residence, etc 529 
 
 registration of, board, notices, etc 530-35 
 
 unable to vote Intelligently, by whom and how assisted 610 
 
 37 
 
290 INDEX. 
 
 ELIGIBILITY : Sections. 
 
 of gate keepers 17G 
 
 to vote at city primaries 289 
 
 to office in townships 372 
 
 EMPLOYE : 
 
 state, not deemed to have lost residence 1 
 
 threatening to discharge, to Influence vote, penalty 394 
 
 political matter not to be inclosed in pay envelopes of 426 
 
 EMPLOYMENT : 
 
 promise of. for vote, bribery 389 
 
 ENTERTAINMENT : 
 
 candidate for election not to furnish, etc 180 
 
 ERASING OF NAMES: 
 
 on ballots 163 
 
 ERRORS ; 
 
 in proof ballot, by whom corrected 149 
 
 proceedings for correction of, etc., in canvass, etc., made by inspectors 256 
 
 EXPENSES : 
 
 of board of registration in cities, how paid, etc 85 
 
 election, legitimate 390 
 
 etc., for refreshments to corrupt voter, unlawful for candidate to pay 392 
 
 of state highway commissioner, how paid 523 
 
 F. 
 FEES: 
 
 of clerk for making copy of register of electors 102 
 
 officer not to receive before filing statement of election expenses 416 
 
 FELONY : 
 
 violation of general election law a 181 
 
 FEMALE : 
 
 when, may hold office of school inspector 372 
 
 when may vote 4. 374-77 
 
 FENCE : 
 
 or railing to be erected in voting room, who to provide and erect 158 
 
 FIRST TOWNSHIP MEETING: 
 
 in new township, inspectors, etc 378 
 
 FOLDING OF BALLOT: 
 
 manner of 1G3, 333 
 
 FOREIGN LANGUAGE: 
 
 when instructions to voters printed in 168 
 
 FOURTH CLASS CITIES: (see cities of the fourth class). 
 FRAUD : 
 
 petition of candidate for correction of, in canvass 249 
 
 proceedings for correction of, etc., in canvass, etc., made by inspectors 256 
 
 G. 
 
 GATE KEEPERS: 
 
 In voting room, how appointed, duties, oath, etc 108 
 
 of elections, powers, duties, eligibility, etc., of 176 
 
 may be dispensed with in election districts using voting machines 606 
 
 GATES, ENTRANCE AND EXIT: 
 
 to be erected In fence, etc., in voting room, keepers of, how appointed, duties, 
 
 etc 158 
 
 GOVERNOR: „^ ^„„ 
 
 to fill vacancies in state offices 25, 490 
 
 eligibility to office of 28 
 
 to certify names of presidential electors to secretary of state of U. S 219 
 
 county clerk to send copy of county canvass to 245 
 
 limit "of nomination expenses of candidate for 412 
 
 to fill vacancy in office of circuit court commissioner 458 
 
 to fill vacancy in oBice of mine inspector 470 
 
 resignation of, to whom tendered 47° 
 
 to fill vacancy caused by resignation of appointive officer 478 
 
 may remove officers for certain reasons 484 
 
 when, may remove certain officers collecting public moneys 486 
 
 vacancy in office of Justice of supreme court, filled by 515 
 
 to certify election of U. S. senator to president of U. S. senate 522 
 
 to appoint state highway commissioner 523 
 
 report of state highway commissioner to 52;$ 
 
 H. 
 
 HANDBILLS: ^., .^ ^ .„ 
 
 certain political, containing false statements, etc., prohibited «^o 
 
 not to be posted by employers *2o 
 
 HOLIDAYS : ,„ „, 
 
 days designated as legal ooy-oi 
 
 HOSPITAL, COUNTY PUBLIC : 
 
 referendum on atX dia 
 
 election of trustees of 470-4(0 
 
 I. 
 
 IDENTIFICATION : . 
 
 of ballot of unqualified elector -ao-o 
 
INDEX. 291 
 
 ILLEGAL VOTING: Sections 
 
 penalty for 00. tiSi 
 
 INFLUENCING OP VOTER ; 
 
 unlawful, at polling place 170 
 
 at city primaries 205 
 
 penalty tor attempted 380 
 
 INITIALS: 
 
 inspector to place, on ballot 159 
 
 ballot to be folded so as to show, of inspector 163 
 
 ballots not having, declared void 173 
 
 INITIATIVE : 
 
 reservation to people of right of 9 
 
 what laws not to be enacted by 9 
 
 proceedings to carry out 9 
 
 effect of 9 
 
 proposal ot constitutional amendments by 78 
 
 INSPECTION : 
 
 of proof ballot by election commissioners, errors corrected 149 
 
 when proof copy of ballots open for 233 
 
 proviso as to. of ballot in contested elections 237 
 
 INSPECTOR OF MINES: 
 
 when elected, term, qualifications, bond, etc 467-476 
 
 appointment of deputies 476 
 
 INSPECTORS OF ELECTION:, 
 
 in cities, duty as to filing list of electors with county clerk 80 
 
 when city clerk to deliver register to 91 
 
 how may register names on election day 97 
 
 when township clerk to deliver register of electors to 97 
 
 duty of, on challenge of vote. 98, 161-2, 235 
 
 penalty for, receiving unlawful vote 99 
 
 at first village election, duty of 105 
 
 in new townships to constitute board of registration 114 
 
 duty of, as to notification of election 138 
 
 candidates for office not to act as 139 
 
 who to constitute, oath, etc 139-41 
 
 when, chosen viva voce 140 
 
 to cause proclamation to be made on opening and closing ot polls 143,331 
 
 noon adjournment iu townships, duty of, as to 143 
 
 when to designate one of own number chairman 146 
 
 when fully organized, may open package containing ballots 158 
 
 to give receipt on delivery ot ballots, etc 158 
 
 duty of chairman of, to procure ballots, etc 158 
 
 when none of board of, appear at county clerk's otHce, ballots may be dis- 
 patched by special messenger 157 
 
 at opening of polls, to appoint gate keepers 158 
 
 delivering ballots to have at all times in hand twenty-flve signed ballots.... 150 
 
 ■ 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 168 
 
 distribution of ballots by 187 
 
 duties of. and challengers as to assisting certain voters 169,616 
 
 unlawful to influence voter 170 
 
 duty as to unused and spoiled ballots 172 
 
 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 176 
 
 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 
 
 board of state inspectors may require, to appear 229 
 
 to place number before name of each voter 234 
 
 appointment and election of, in townships having more than two districts. . 269 
 
 who to constitute board of, in different election districts 260 
 
 duties, powers and compensation of 270, 3G3-4 
 
 duties of, as to canvassing votes in districts 273 
 
 duties of, as to consolidation of reports from district meetings 274 
 
 in villages, who to be. compensation, etc 277, 085 
 
 duties of, as to conducting elections in village districts 278 
 
 at primaries in cities, who lo compose, vacancy, etc 281 
 
 duty as to challenged voters 289 
 
 duty as to registering voter 298 
 
 duty as to election ot delegates to convention in case of tie 290 
 
 appointment of, for central polling places 282 
 
 when majority of, m.'iy adjourn township meeting, proclamation and notice, 
 
 etc 312, 313 
 
 at annual township meetings, same as at general elections 328 
 
 in absence of town clerk, to appoint clerk of meeting, oath, etc 330 
 
292 INDEX. 
 
 INSPECTORS OP ELECTION — Con. Sections. 
 
 authority to preserve order, etc 336 
 
 to make certified statement of canvass 341-2 
 
 to determine choice by lot when candidates receive equal number of votes.. 343 
 
 of first township meeting, duty, etc 378 
 
 duty as to offenses against elections 384 
 
 at primaries, certain acts of, a misdemeanor 401 
 
 duty of, as to election, canvass, etc., of circuit Judges 499 
 
 regents of universit.v, duty as to election of 508 
 
 dut.y as to election of supreme court justices, canvass, etc 516 
 
 in cities of the fourth class, notices of special election delivered to 557 
 
 proclamation of opening and closing of polls 560 
 
 who to constitute, etc 561 
 
 chairman and clerk, etc 562 
 
 in villages, to cause proclamation made at polls at election in 588 
 
 duty of. at elections in. canvass of votes, etc 591 
 
 to receive* instruction relative to operation of voting machines 605 
 
 rules, etc., governing conduct of. etc., where voting machines are used.... 607 
 
 duties of, as to Instructions to voters and time voters may remain in booth. 612 
 
 duty of, in assisting elector where voting machine used 615 
 
 statements relative to proposed amendments, etc., posted by, in polling places 634 
 
 copy of order for local option election, to be sent to 645 
 
 INSPECTORS OP PRIMARIES: 
 
 in cities, election of, vacancy, etc 288 
 
 INSTRUCTION BALLOT: 
 
 printed on red, etc., papers, who may procure for circulation 1S4 
 
 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 . 607 
 
 personal, how and by whom given where voting machines are used 615 
 
 INTERPRETER: 
 
 board of registration may employ jot 
 
 election of additional, in certain counties 438 
 
 J. 
 
 JUDGE OP PROBATE: 
 
 when elected *2 
 
 an election commissioner. I'hairman 147 
 
 statement of election sent by mail in care of 175 
 
 when member of board of district canvassers 193 
 
 petition by candidate intending to contest election made to 257 
 
 duty of, relative to contest of election 259 
 
 term of office, when elected 438 
 
 certain counties may have more than one 43S 
 
 may appoint person to fill office of register of deeds in case of vacancy, etc. -«4 
 
 when may approve county officers' bonds 477 
 
 certain recall petitions to be filed with 493 
 
 JUDGES: „ a .„„ 
 
 of courts of record, not subject to recall ie, o 
 
 of domestic courts, election of , ct-Vj 
 
 of police courts in certain cities, election of o7o-4 
 
 JUDICIAL CIRCUITS: . , . 40R 'sn'i 
 
 circuit judges, election of. canvass of votes, etc 4.js-duo 
 
 JUSTICES OF SUPREME COURT: 
 
 number of, and term of office ^ ^°' 
 
 when elected, vacancy, term, canvass of votes, etc .iiz-.iiJ 
 
 JUSTICES OF THE PEACE: , ,» „ , a-> onn ,07 
 
 election of, term of office, vacanc.v, classiflcatlon, etc 4,i, .ilio, .mi_ 
 
 may be appointed to fill vacancy in registration board »g 
 
 when to constitute member of board of registration a^ 
 
 to act as inspectors of election ;^°° 
 
 when to serve on board of registration "'| 
 
 bond and oath of ; • ;,■ 1 sal 
 
 designation of persons to fill vacancy of, on ballot 00^ 
 
 when, to enter upon their duties ^J° 
 
 when office of, deemed vacated • . ; qi« jA 
 
 classiflcatlon of, In new townships, manner of deciding. ito 
 
 in case of election to fill vacancies, manner of deciding ^»^ 
 
 resignation of. how made, where filed ............. VV«;;o'ofV 9fi1 
 
 town clerk to give notice to county clerk, of election of, term of office, etc.. rfbi 
 
 duty as to offenses against elections. .^ . ■ — ■■ -^-^ ^Iq 
 
 supervisor to notify county clerk of vacancy in oflJce of 480 
 
 removal of, for certain reasons, by whom . . . . ^°* 
 
 two to be elected at first election in cities of fourth class »«" 
 
 when, in cities of fourth class to enter upon duties....... j- V, •■,•••; •' ,; .r c 
 
 in cities of fourth class, when and how to take oath of office and file bond. 84D-t> 
 
 KENT COUNTY: .-, ,„ 147 
 
 board of election conimi.ssioners m, who to constitute 
 
INDEX. 293 
 
 KEY: Sections. 
 
 to ballot box, who to provide, etc 144-5 
 
 to whom delivered 105-0. 174 
 
 L. 
 
 LAKE COUNTY: 
 
 county commissioner of schools, election of, etc 455 
 
 LEGISLATURE: 
 
 action of. on initiative petitions 9 
 
 amendment or repeal by. of laws adopted by people 9 
 
 when may rearrange senatorial 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 secretar.y of state 191 
 
 special canvass of vote to fill vacancy in. during session of 253 
 
 penalty for attempt to corrupt vote of member of. for U. S. senator 396 
 
 limit of election expenses of member of 412 
 
 resignations from, how and to whom made. , 478 
 
 petitions for recall of member of. to be filed with governor 493 
 
 U. S. senator, when and how elected by 527-9 
 
 apportionment of representatives in 636 
 
 apportionment of senators in 637 
 
 LIEUTENANT GOVERNOR : 
 
 in case of tie vote for, legislature to choose 75 
 
 limit of election expenses of candidate for 412 
 
 resignation of, to whom tendered 478 
 
 LIQUORS : 
 
 boards of registration not to meet where, are sold 120 
 
 penalty for violation 121 
 
 not to be taken into, or used in polling place, penalty, etc 178 
 
 penalty for sale of, on election da.v, or after polls close 397-8 
 
 places where, sold, etc., to be closed on election days 434 
 
 prohibition of sale of, in counties 640-658 
 
 LISTS : 
 
 of names for registration, duties of registration board 84-113 
 
 of registration in cities, board to sign and file 00 
 
 of presidential electors, when and to whom certified 219 
 
 of persons voting at town meeting, to be kept by cleric 329 
 
 LOCAL OPTION: 
 
 law governing, elections 640-658 
 
 LOCKS : 
 
 care of key, etc 165-6 
 
 on ballot boxes, penalty for breaking, etc 383 
 
 LOT: 
 
 drawing by, to determine election of county officers, etc 249 
 
 in case of tie, village council to determine by 592 
 
 M. 
 
 MANNER OP VOTING: 
 
 marking and folding of ballots 163 
 
 MARKING OF BALLOTS': 
 
 section relative to 163 
 
 MAYOR : 
 
 petitions for recall of city officers to be filed with 493 
 
 petitions for recall of, to be filed with city clerk 403 
 
 MEETINGS: 
 
 of board of registration in cities and townships 88, 95 
 
 time and place of, of board of district canvassers 196 
 
 of board of county canvassers 242 
 
 for registration of electors, how often held 272 
 
 district, notice and time of holding 272 
 
 of electors to transact business and canvass votes, time of 274 
 
 MEMBERS : 
 
 of legislature, limit of election expenses of 412 
 
 of congress, petitions for recall of, where filed 493 
 
 of political committees, term of 662 
 
 of state central committees, election of 714 
 
 term of 716 
 
 of national committees, choice of 718-25 
 
 MESSENGER: 
 
 when special, may be dispatched with ballots to voting precinct 157 
 
 to file receipt and affidavit after delivery «( ballots 157 
 
 secretary of state may send special, for statement of votes 203 
 
 MILEAGE: 
 
 of officers required to appear before board of state canvassers 229 
 
 MILITARY DUTY : 
 
 elector exempt from, on day of election 6 
 
 MISDEMEANOR: 
 
 violation of registration laws deemed a 108 
 
 bringing liquors, etc., in polling place a 178 
 
 attempt to identify ballot of elector deemed a 236 
 
 when clerk of county canvassers guilty of 247 
 
 to solicit money, or influence voter at city primaries 294-5 
 
294 
 
 INDEX. 
 
 MISDEMEANOR — Con. Sections. 
 
 for delegate to convention to soiicit candidate 297 
 
 who deemed guilty of. as to offenses against primaries 399 
 
 wlicn candidate or delegate guilty of a 409-11 
 
 disturbance at election, etc., a 433 
 
 MONEY : 
 
 offering or soliciting, at city primaries a misdemeanor 294-5 
 
 soliciting of, by delegate to convention, unlawful 297 
 
 penalty for betting. $100 more or less upon election 387-8 
 
 refraining to vote for, or receiving, penalty 389-91 
 
 delegate at primary accepting, guilty of misdemeanor 402 
 
 penalty for soliciting or offering, at political conventions 409-11 
 
 MUNICIPAL ELECTIONS: 
 
 manner of conducting , 231-3 
 
 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 96 
 
 of electors dead or removed, how marked on register 101 
 
 order of placement of, on ballot for November and April elections 152 
 
 of candidates, when and bj' whom furnished commissioners 233 
 
 of electors transcribed from township to district register 272 
 
 and addresses of persons elected or appointed, returned to county clerlt 360 
 
 NATIONAL COMMITTEES : 
 
 act for expression of preferences for members of 718-25 
 
 NATURALIZATION : 
 
 of aliens (see appendix). 
 
 NEWSPAPERS : 
 
 notice of meeting of board of registration to be published in 89 
 
 determination of district canvassers to bo published 199 
 
 secretary of state to publish certificates of election In 214 
 
 county canvassers to publish result in 243 
 
 duty of publishers of, as to political advertisements 427 
 
 statements relative to proposed amendments, etc.. when published in 634 
 
 NEW TOWNSHIP: 
 
 first election in, place of meeting, etc 378 
 
 NOMINATION : 
 
 political, act to prevent betting upon result of, penalty, etc 387-8 
 
 of candidates for local offices, caucuses, when to begin, etc 407 
 
 of candidates for police justices in certain cities 571 
 
 NOMINATION OF PARTY CANDIDATES: 
 
 act relative to direct - 663-712 
 
 NOMINATION AND ELECTION EXPENSES: 
 
 act to regulate and limit 412-432 
 
 limit of 412 
 
 legitimate expenditures 414 
 
 sworn statements of, where filed 415 
 
 oatb of office not to be administered until statement filed 416 
 
 accounts of, open to inspection 417 
 
 notice of failure to file statements of 418, 419 
 
 prosecution for failure to file 419 
 
 competency of witness in case of prosecution 420 
 
 blank forms for statements of 421 
 
 contributions to, to whom payable, etc 422, 423 
 
 corporations, etc., not to contribute to 425 
 
 illegal, penalty for incurring 429 
 
 definition of terms in act relative to 430 
 
 NOMINEE : 
 
 of two parties, to give notice specifying choice, how given 148 
 
 for ward office, how elected, etc., at primaries 299 
 
 names of. to be arranged, etc., in connection with voting machines, by whom 601 
 
 NOON AD.IOURNMENT : 
 
 of the polls in townships 143 
 
 in townships, certain section not to apply to 182 
 
 NOTICE : 
 
 board of registration to give 85 
 
 boards of registration in cities to give, of meeting, etc 88 
 
 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 216 
 
 of filing petition for recount of votes canvassed by state canvassers 229 
 
 to candidates of recount 250 
 
 candidate filing petition for recount of ballots to give opposing candidate.. 256 
 
 of divieiion of townships into election districts, posting and publication of.. 267 
 
INDEX. 295 
 
 NOTICE — Con. Sections. 
 
 of changing election districts, wliat to contain, wlien posted 268 
 
 wlien. of first election in election district to be given 268 
 
 of meeting for registr.itlon of electors 272 
 
 in districts 272 
 
 of division of villagre into districts, when posted, etc.. what to contain 275 
 
 of first election and tirst appointment in villajre districts, when given 277 
 
 of time for holding primaries in cities. Ijy whom given 285 
 
 of special township meeting, when town clerk to give 324 
 
 as to classification of justices in new townships, when and by whom served. 
 
 what to state 348 
 
 of first township meeting, how given, etc 378 
 
 of holding caucuses, how given, etc 407 
 
 of failure to file statement of election expenses 418. 419 
 
 of political nature, not to be inclosed in pa.v envelopes 426 
 
 of vacancies in certain state and county offices, when given 481,491 
 
 of election for circuit Judge 501 
 
 of registration in new wards in fourth class cities 532 
 
 of special election in fourth class cities, by whom given, contents, etc 557 
 
 of first registration in village 575 
 
 of subsequent registrations 576 
 
 of village election, annual or special, by whom and when given 586 
 
 NOTIFICATION OF ELECTIONS : 
 
 when secretary of state to give, relative to filling vacancy in certain offices. 131 
 
 of state officers, etc.. when and by whom given 132-3 
 
 relative to vacancies, when and by whom given, what to state 134 
 
 , to fill vacancies, what to specify 135 
 
 county cleric to give 199 
 
 secretary of state to make and deliver to persons 208-10 
 
 NUMBER: 
 
 on ballot, on upper right hand corner 152 
 
 of ballot voted to correspond to same on poll list 163 
 
 Inspectors to place, before name of each voter 234 
 
 O. 
 
 OATH : „ 
 
 constitutional, form of '3 
 
 registration board may require applicant to tal<e 86 
 
 of elector registering on election day, by whom given, etc 97 
 
 of members of board of registration Ill 
 
 of inspectors and clerks of election 141, 222, 270 
 
 of gate keepers at election tto'r^ 
 
 tendered to challenged voter 161, 287-8 
 
 taken by person appointed on board of registration 272 
 
 of justice of the peace, when taken 307 
 
 taken by township otflcers, with whom filed, by whom certified, etc 344 
 
 of office, not to be administered, until statement of expenses filed 416 
 
 of office by certain county officers, when subscrilied, with whom filed 446 
 
 of oflSce of circuit court commissioner 456 
 
 county commissioner of schools to file, with county clerk 460 
 
 of office of state highwav commissioner 523 
 
 OFFENSES: .„_ 
 
 against registration laws, jurisdiction of courts in ^ *^' 
 
 against election laws, penalties, etc 379-85 
 
 OFFICERS : „ ,„„ ,„, 
 
 elective, recall of 8, 492-497 
 
 to be elected at general election 122 
 
 county, special elections of, by whom ordered 126 
 
 term of office of elective 225 
 
 primaries in cities for choosing 283 
 
 elected at town meetings, at one o'clock, viva voce vote, etc 837 
 
 at elections, penalty for neglect to perform duties, etc 379 
 
 penalty for betting on result of election of 386 
 
 when certain county, to give bonds, with whom deposited 447 
 
 OPENING : , ^„ 
 
 and closing of polls in counties where all precincts have voting mnchincs.. 143 
 
 of ballot box when seal broken, etc ^^^oo 
 
 and closing of polls in cities and townships 182 
 
 of fourth class 500 
 
 OVERSEER OF HIGHWAYS : 
 
 election of. term of office, number of 53, 30o, 3 Jo 
 
 appointment of, to fill vacancy 326 
 
 when, to assume duties of highway commissioner 3-7 
 
 when, elected at township meeting to file notice of acceptance 345 
 
 penalty for refusing to serve as, when exempted from penalty 353 
 
 P. 
 
 PACKAGE: ,,. 
 
 containing ballots, how wrapped, tied, sealed and delivered, etc ljj|> 
 
 containing oflJclal ballots, when and how opened 156, l.>9 
 
 PAMPHLETS : 
 
 number of, showing result of votes at April election, by whom printed and 
 
 mailed ""3 
 
296 INDEX. 
 
 PARTY ORGANIZATION: Sections, 
 
 committee of, may direct holding of primaries in cities bv voting precincts "84 
 
 PARTY PRIMARY: 
 
 ward or precinct failing to hold, at designated time not to be represented 
 
 at election, etc 284 
 
 clerk to be notified of time of holdinp; 092 
 
 PARTY REGISTRATION : 
 
 in wards, at primaries in cities 033 
 
 PARTY TICKET: 
 
 place of. on ballot, how governed 152 
 
 how marked, folded, straight ticket, etc 163 
 
 PASTERS : 
 
 furnished when name omitted from ballot 153 
 
 PAY ENVELOPES : 
 
 political matter not to be inclosed in 426 
 
 PENALTY : 
 
 for making false statement for registration 86-7 
 
 for fraudulent registration 94-7, 106. 108 
 
 for illegal voting 99, 381 
 
 for false entry on register of electors 101 
 
 for mutilating register, or forging name 103 
 
 registration boards not to meet where liquors are sold, for violation 121 
 
 for interfering with, or failure to provide challengers with conveniences.... 160 
 
 of challenged elector swearing falsely 161 
 
 for bringing liquors into or using, in polling place 178 
 
 for violation of provisions of general election law 181 
 
 for exposing or identifying ballot of elector 236 
 
 for violation of act by board of county canvassers 247-8 
 
 for violation of city primary act 303-4 
 
 for certain township officers neglecting to qualify or refusing to serve 353 
 
 for disorderly conduct at township meetings 366-70 
 
 for wilful neglect of duty under election laws 379 
 
 for attempt to bribe elector 380 
 
 for aiding, procuring, etc., unqualitied voter 882 
 
 for violation of ballot box 383 
 
 for betting, etc., on elections 386-8 
 
 for offering position, or corrupting voters, etc 389-93 
 
 for sale, etc., of liquors on election day 307, 413 
 
 for violation of act for protection of primaries 400-401 
 
 for violation of act. relative to political delegations 408-11 
 
 for causing disturbance at election, etc 412 
 
 for incurring illegal election expenses, etc 429 
 
 PENCILS : 
 
 to be furnished each voting precinct 155-6, 159 
 
 PERFORATED CORNER : 
 
 of ballot, where numbered, etc 152 
 
 when torn off, initials not to be placed on 1.59, 163 
 
 PETITION : „ ^„„ 
 
 for recall of elective officer 8, 493 
 
 for initiative or referendum 9 
 
 for recount of votes 226, 227, 264, 265 
 
 in case of contested election, what to state, etc 238 
 
 of aggrieved candidate, when and where filed 249 
 
 for corrections of canvass, etc., when and to whom made, etc.. what to 
 
 contain 256, 258 
 
 to submit question, of prohibiting liquor traffic, to electors 642 
 
 POLICE COURTS: .^. ^,„ ^ 
 
 election of Judges and clerks of, in certain cities 57*5-4 
 
 POLICE JUSTICES : 
 
 nomination and election of, in certain cities 5il-2 
 
 POLITICAL ADVERTISEMENTS : 
 
 duty of newspaper publishers as to 427 
 
 POLITICAL COMMITTEES: 
 
 in townships, cities and villages, duties of ^g2 
 
 not required to furnish vignette 232 
 
 when to furnish names of candidates 2dd 
 
 time of holding primaries in cities determined by 285 
 
 to appoint treasurer 413 
 
 not to collect or receive money before electing treasurer 414 
 
 lawful expenditures of 41* 
 
 statement of expenditures of 41& 
 
 payment of contributions to 42- 
 
 not to disburse money received from anonymous source 424 
 
 corporations not to contribute to expenses of 4_5 
 
 act to fix term of members of "fa- 
 
 POLITICAL CONVENTIONS: (see conventions). 
 
 POLITICAL NOTICES, ETC. : 
 
 not to be inclosed in pay envelopes 4-" 
 
 POLITICAL PARTIES: * ...„.,. ido 
 
 state committee of, to prepare and adopt vignette, speciflcations for 149 
 
 place of candidates of, on ticket IgS 
 
 primaries in cities for choosing candidates of, how construed ^»| 
 
 where and when held -^4 
 
 not to hold primaries in cities on same day — '■' 
 
INDEX. 297 
 
 POLITICAL r.VRTIES— Con. Sections. 
 
 act to protect primary elections of. and punish o£fcniies 398-406 
 
 to have state central committees 713 
 
 act for expression of preference for members of national committees of ' 718-7''6 
 POLL LISTS : 
 
 right of challenger to inspect 160 
 
 clerks to compare 164 
 
 to be placed and locked in ballot box 165 
 
 to be compared before canvass is made 173 
 
 where delivered and filed 184 
 
 inspectors to number name of each voter on 234 
 
 when may be produced in court 237 
 
 for each district, where deposited <, . . . 273 
 
 etc., used at election in village districts, when and where deposited 278 
 
 ballots to be counted and compared with 340 
 
 at local option election, duty of inspectors relative to 648 
 
 copy of. made bv town, city and county clerks, compensation for 656 
 
 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 274 
 
 at primary elections, bow may be arranged 406 
 
 statements relative to proposed amendments, etc.. to be posted in, by whom 634 
 
 central, how established in fourth class cities 281-2 
 
 POLLS : 
 
 opening and closing of, proclamation, etc 143, 331 
 
 noon adjournment, in townships 143 
 
 how may be kept open until .S o'clock 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 398 
 
 in cities of fourth class, opening and closing, proclamation, etc 560 
 
 opening and closing of, at village elections 588 
 
 instructions for voters as to voting machines to be placed in booth before 
 
 opening of 607 
 
 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 267 
 
 notices relative to division of village into districts, wlien and where 275 
 
 notice of township meeting in new township 378 
 
 POSTERS, ETC. : 
 
 political, containing false statements, etc., prohibited 428 
 
 POUND MASTERS : 
 
 how and when elected, number of, term of office 309 
 
 when, elected at township meeting to file notice of acceptance 345 
 
 penalty for refusing to serve as, when exempted from, penalty 353 
 
 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 274 
 
 when village may be divided into 595 
 
 PRESIDENTIAL ELECTORS: 
 
 election of, when held 129, 217 
 
 statement of votes for, by county canva.ssers 185 
 
 when state board to canvass votes for 209 
 
 number of. state entitled to 217 
 
 vacancy in office of. how filled 218 
 
 when and where to convene 218 
 
 list of, to be certified by governor to secretary of state of the U. S 219 
 
 how arranged on voting machines, etc 598 
 
 PRIMARIES: 
 
 in cities of over l.'J.OOO and under l.")0,000, act relative to 2S3-304 
 
 word, how construed, etc 2S3, 30:t 
 
 where held, etc 284 
 
 time of holding, by whom determined, notices, etc 285 
 
 booths, who to provide 286 
 
 time of holding 287 
 
 who to preside at, inspectors, who may vote at, etc 288-290 
 
 no two parties to hold, on same day, duly of chairman 892 
 
 council may cause political parties to hold, at certain time 393 
 
 misdemeanor to solicit money, influence voter, hire carriage, etc.... 294-5 
 
 proxies not to be given by delegates, how elected 296,299 
 
 registration of voters 298 
 
 how cities of less than l.i.OOd may conduct 300 
 
 acts to remain in force, penalties for violation of acts 301-4 
 
 ballots at, destroying, etc., of, misdemeanor 399 
 
 oath of Inspectors, challenge of voters, etc 400 
 
 certain acts of inspectors at, a misdemeanor 401 
 
 delegates, certain acts a misdemeanor 402 
 
298 INDEX. 
 
 PRIMARIES — Con. Sections. 
 
 who may vote at any 404 
 
 not to be held in saloons, etc.. polling places 406 
 
 when to begin, notice, etc., manner of voting, etc 407 
 
 PRIMARY ELECTION LAW: 
 
 for nomination of candidates, etc 6C3-712 
 
 PRIMARY ELECTIONS : 
 
 recoimt of, by board of state canvassers 230 
 
 act to protect and punish offenses committed at 309-407 
 
 use of voting machines at, authorized 621-26 
 
 PRINTED INSTRUCTIONS : 
 
 to voters, who to furnish, languages, etc 168 
 
 PRINTER : 
 
 unlawful for, to print ballot in other form, etc., than prescribed 154 
 
 PROBATE .JUDGE: (see judge of probate). 
 
 PROCLAMATION : 
 
 to be made on opening and closing of polls 143, 330, 588 
 
 of changing of polling place to be given 177 
 
 to be made on change or ad,iournment of township meeting 313 
 
 of opening and closing of polls in fourth class cities 560 
 
 PROOF COPY: 
 
 of ballot, when placed on inspection 233 
 
 PROSECUTING ATTORNEY: 
 
 election of, term of office 47 
 
 arrests for offenses against elections reported to 384 
 
 to be notifled of failure by candidate to flle statement of expenses 419 
 
 duty of, upon receiving notice 419 
 
 commission of, appointed by governor to be transmitted to county clerk.... 448 
 
 vacancy in office of, may be filled by circuit .ludge 488 
 
 and county clerk may appoint to fill vacancies in certain county offices 488 
 
 PROXY : 
 
 delegates to political conventions not to give 296, 408 
 
 PUBLIC HOSPITAL, COUNTY: 
 
 referendum on 473-4 
 
 election of trustees of v 475-6 
 
 PUBLICATION : 
 
 of certificate of election by secretary of state 214 
 
 of notice of divi.sion of township info election districts 267 
 
 of notices relative to division of village into districts, when and where 275 
 
 political, containing false statements, etc., prohibited 428 
 
 of statement relative to proposed amendments, etc., how and by whom made 634 
 
 PUBLISHER: 
 
 of newspaper, duty of, as to political advertisements 427 
 
 Q. 
 
 QUALIFICATIONS : 
 
 of electors 1,4 
 
 of electors for registration in new townships 116 
 
 issue formed to determine, of elector 2S8 
 
 of voters and officers in townships 371 
 
 of electors at school meetings 373 
 
 penalty for swearing falsol.v as to, at primaries 400 
 
 to vote at primary election 404 
 
 of circuit court commissioner 455 
 
 necessary for holding office of county commissioner of schools 461 
 
 for office ^'82 
 
 of electors at local option election, re.gistration, etc 647 
 
 QUORUM: 
 
 of board of election commissioners 147 
 
 when township board reduced below, or disorganized, etc 319 
 
 R. 
 RAILING : 
 
 or fence to be erected in voting room, who to provide and erect 158 
 
 ballots not to be given on outside of 1^7 
 
 at elections, duty of gate keepers as to admitting voters 1"6 
 
 RECALL : 
 
 of elective officers, constitutional provisions 8 
 
 act to provide for * loo 
 
 who subject to un- 
 filing of petitions for 493 
 
 when election for, to be held f 51 
 
 form of ballot for 494 
 
 canvass of votes cast on 495 
 
 result of majority of votes for 492 
 
 officer may be candidate for election on 49o 
 
 nomination of other candidates 495 
 
 who deemed elected on 495 
 
 limitation of petitions for 49b 
 
 how nominations and elections for, governed 497 
 
 RECEIPT : 
 
 inspector of election to give, on delivery of ballots, etc 158 
 
 person receiving ballots from special messenger to give, where filed 157 
 
 for unused and spoiled ballots to be given 1'2 
 
INDEX. 290 
 
 RECORD : Sections. 
 
 of votps (o be mjido by secretary of state 201-2 
 
 boundaries, etc.. of election districts to be entered on. of township board.... 2(;s 
 
 abolishing division of townships into districts, action entered upon 280 
 
 made of statement, etc., relative to results, etc., of canvass 342 
 
 RECOUNT : 
 
 of votes canvassed by state canvassers 226-230 
 
 proceedings by county canvassers In case of 240-52 
 
 proceedings for maljing. of ballots 256. 260 
 
 petition for. of ballots l>y candidate contesting election 2.')7 
 
 of votes canvassed by supervisors 264-266 
 
 REFERENDUM : 
 
 constitutional provisions relative to 
 
 on question of countv public hospital 473-74 
 
 REGENTS OP THE UNIVERSITY : 
 
 numlier of, when elected, term of office, vacancies, etc 67 
 
 election, canvass of votes, term, etc 506-9 
 
 REGISTERED MAIL: 
 
 copy of statement of election forwarded by 175 
 
 REGISTER OF DEEDS : 
 
 election of, term of office 47 
 
 when offices of. and clerk may be united or disconnected 47 
 
 term of office, when elected, to give Imnd 443 
 
 vacancy in olflce of. how and by whom supplied 444 
 
 how and when may be tilled tempoi-arily 488 
 
 REGISTER OF ELECTORS : 
 
 who to provide, how arranged, etc 84, 112 
 
 in cities, board to sign and tile 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 102 
 
 penalty for mutilating or forging name upon 103 
 
 copies of. to be filed with countv clorl; and township treasurer 104 
 
 how made up, at tlrst elections in villages 105 
 
 district, where deposited 272-3 
 
 etc., used at election in village districts, when and where deposited 278 
 
 REGISTRATION: (see also Imard of registration!. 
 
 act relative to. of electors and to preserve the purity of elections 84-113 
 
 in cities, bow 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 96 
 
 residence of elector a condition of 100 
 
 in new villages 1 05 
 
 after organization of village 105 
 
 penalty for fraudulent 106 
 
 .iurisdiction of courts for offenses against, laws 107 
 
 in Wayne county 113 
 
 act to provide for, in new townsliips 114-19 
 
 of electors in districts 272 
 
 of electors in village districts, how conducted 279 
 
 for local option election, how conducted 647 
 
 of women 375 
 
 REGISTRATION BOARD: (see board of registration). 
 
 REMOVAL : 
 
 of challenger 160 
 
 of certain state and county officers, bv whom 482-7, 491 
 
 REPORT : 
 
 biennial, of state highway commissioner 523 
 
 REPRESENTATIVE DISTRICTS : 
 
 cities or townships not to be divided in formation of 11 
 
 duties of hoard of supervisors as to dividing count.v into 11 
 
 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 216 
 
 resignation of, notice, where filed 218 
 
 apportionment of ""9 
 
 REPRESENTATIVES, STATE: 
 
 qualifications of 13 
 
 election of, when held 20 
 
 statement of votes for, by county canvassers 185 
 
 proceedings in case of tie vote for -J* 
 
 special canvass for. to fill vacancy 
 
 253 
 
 «lj,,,-.«, %..u,«.7,o tvji. .V ii.. ...v.. ....J ATQ 
 
 resignation of. how and to whom made J*° 
 
 petitions for recall of, where filed. 
 
 403 
 
 apportionment of "^" 
 
 RE-REGISTRATION: 
 
 In Wayne county, when made, etc IJ;* 
 
 in cities of the fourth class "•*■' 
 
300 INDEX. 
 
 RESIDENCE : Sections. 
 
 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 ' goa 
 
 nESIGN.\TIONS : 
 
 of township officers, how made, where filed 355 
 
 of justice of the peace 355 
 
 how and to whom made, vacancy, how filled 478-9 
 
 RETURNS: 
 
 blanks for making election, when, by and to whom furnished 254, 2.')5 
 
 proceedings for correction of frauds, etc., in, made by inspectors '256 
 
 of names, of persons elected or qualified, to county clerk 360 
 
 as to election for justice supreme court 518-19 
 
 county clerk to make, of vote of certain officers at general election, when 
 
 and to whom , 632 
 
 ROAD COMMISSIONERS, COUNTY: 
 
 election of 463-4 
 
 S. 
 
 SAILORS .4ND MARINES: 
 
 may acquire residence at Soldiers' Home, where located 2 
 
 when deemed non-resident 2 
 
 SALARY : 
 
 officer not to receive before filing statement of election expenses 416 
 
 SALOON : 
 
 ri'cistration boards not to meet in, or adjacent to 120 
 
 elections not to be held In, change of polling place 177 
 
 to be closed on election day, penalty 397 
 
 primary election not to be held in 406 
 
 to be closed on certain days and hours 434 
 
 SCHOOL ELECTIONS: 
 
 qualifications of voters at 373 
 
 SEAL: 
 
 election, who to furnish, what to contain, etc 144 
 
 election commissioners to provide themselves with 1.56 
 
 on package of official ballots, to be kept intact 159 
 
 election, who to keep, etc 165, 174 
 
 on ballot boxes, penalty for breaking, etc 383 
 
 SECRETARY : 
 
 of state central committee, when elected 715 
 
 SECRETARY OF STATE: 
 
 constitutional duties of, as to initiative and referendum 9 
 
 duties of, relative to initiative of constitutional amendment 78 
 
 to keep record of registered electors 109 
 
 when, to give notice of election to fill vacancy 131 
 
 when, to give notice relative to election of state officers, etc 132,133 
 
 when, to notify sheriffs relative to special elections to fill vacancies 134 
 
 impression of vignette, etc., wlien filed in office of 150 
 
 to certify to submission of constitutional amendment 151 
 
 to furnish printed instructions 168 
 
 copy of statement of result of canvass to be transmitted to 175 
 
 to be furnished with list of officers elected 101 
 
 to be furnished copy, determination of district canvassers 199 
 
 to record statement of votes 201-2 
 
 to appoint meeting of slate board of canvassers 204 
 
 to make record of state canvass 208 
 
 to notify persons elected 208-10 
 
 to cause amendments to constitution published with laws 213 
 
 shall publish determination of state canvassers 214 
 
 to lie notified of resignation or death of congressman 216 
 
 petition for recount by state canvassers to be filed with 226, 227 
 
 petitioner to make deposit with ,. 228 
 
 county clerk to send copy of county canvass to 245 
 
 to furnish blanks for making election returns, when and to whom 2.54 
 
 to furnish blanks for statements of election expenses 421 
 
 when county clerk to transmit to, certified list of certain officers 440 
 
 county clerk to report appointment of county drain commissioner to 465 
 
 statement to be made to. when vacancies in office occur 479 
 
 vacancy in office of, how filled 490 
 
 petitions for recall of governor to be filed with 493 
 
 one of state canvassers, certificate filed with, etc 519 
 
 duty as to election of U. S. senator 522 
 
 order of incorporation of village by supervisors to be transmitted to 575 
 
 duties of, as to supplies, etc., used in connection with voting machines.... 619 
 
 districts using voting machines to notify 619 
 
 returns of vote of certain officers at general election made to, when and by 
 
 whom 632 
 
 number of pamphlets printed by, showing result of votes at April election.. 633 
 
 duties of, as to publicity of proposed constitutional amendments, etc 634 
 
 to prepare blank statements, poll books, for local option election 657 
 
 SENATORIAL DISTRICTS: 
 
 when county may be divided into 10 
 
 when legislature may rearrange 12 
 
INDEX. 301 
 
 SENATORIAL DISTRICTS — Con. Sections. 
 
 statement of votes in, wliat to sot forth 186 
 
 division of state into 637-8 
 
 Senators, state: 
 
 qualifications of 1^ 
 
 election of. when held 20 
 
 proceedings in case of tie vote for 244 
 
 special canvass for, to fill vacancy 25S 
 
 resignation of. how and to whom made ^ 478 
 
 apportionment of 637 
 
 SENATORS. U. S. : 
 
 petitions for recall, where tiled 4»3 
 
 SERVICE OP PROCESS: 
 
 not to be made on election day ^^* 
 
 SHERIFF: • ., .. ... 
 
 election of, term of office, security, etc 47, 4U, 441 
 
 diity of, as to notification of election ,nJi 
 
 when member of board of district canvassers 19» 
 
 compensation of. for election services 222 
 
 duty as to offenses against elections ^°4 
 
 vacancy in office of, how and when may be tilled temporarily 488 
 
 to notify clerks of election of circuit judge 501 
 
 SLIPS: ^ ^ 1„„ 
 
 pasted on ballots, how counted, etc ioj 
 
 when, used in case of tie of delegates, etc., at city primaries ^95> 
 
 SPECIAL CANVASS: ^„ „_„ 
 
 for state senator or representative to nil vacancy ■ioi 
 
 SPLIT TICKETS: ,„, 
 
 how marked, folded, etc ^"" 
 
 SPRING ELECTION: ..... ^. ,■ or or. 
 
 registration board, meetmss. etc., m iitios and townslups tSB, »o 
 
 STATE BOARD OF EDUCATION: 
 
 members of, when elected, term of office, duties, etc b9, Siu 
 
 STATE CANVASS : onnoio 
 
 how and when made _uu-_i.i 
 
 STATE CANVASSERS: (see board of state cnnvasscrsi. 
 
 STATE CENTRAL COMMITTEES: ti'Jit 
 
 organization and election of tiq 
 
 each party to have one 'Jj 
 
 how selected ijS 
 
 when and how to organize '^^ 
 
 terms of members of ' j2 
 
 vacancies in. how tilled ' ■*■ ' 
 
 STATE EMPLOYES: , 
 
 not deemed to have gained or lost resuiencc * 
 
 STATE HIGHWAY COMMISSIONER : - 
 
 office of, made elective in 1918 °5* 
 
 election of "• ?5g 
 
 title of 25S 
 
 when to take office "" 
 
 • term of office of k^S 
 
 oath of office of °~^ 
 
 salary and deputies of °-ii 
 
 deputies' salaries 2~i 
 
 clerks, engineers, etc S^S 
 
 salaries and expenses of, how paid o-^ 
 
 vacancy in office of 2ii 
 
 biennial report of S^5 
 
 printing of report of 
 
 STATEMENT : 
 
 175 
 
 of result of canvass, how prepared, etc isti olq 
 
 of county canvassers, what to contain 'gg- -Ti 
 
 of votes by district canvassers ^''''' ^^' 
 
 canvasser's, how made up and certified f°i 
 
 where filed iSi 
 
 to be delivered by county clerk to district canvassers >?" 
 
 of state canvassers, what to show • • ■ ;■■■■'■ j'^' '^^}t 
 
 as to canvass of votes, what to contain, when and by whom made and ^_^ 
 certified ..........•••--■■••••••"••■■•••'••*'''**"'''"'**''*\'** 
 
 when made and certified as to result of election in village districts, where ^^^ 
 
 made°atter canvass 'compieted, 'li.v'whoW what 'to contain, where recorded.. 341-2 
 
 of nomination and election expenses *^°' If. 
 
 to be open to public Inspection ^J^ 
 
 inspection of 418 
 
 notification of failure to file ,,,, 
 
 blank forms for, how furnished nn-'-i 
 
 of election of circuit judge, where returned, etc j;"- 
 
 of election of regents, how and by whom made. r.VT in 
 
 of result of election for justices of supn^mc court Koo 
 
 of votes, by election inspectors of village elections 
 
 STATE OFFICERS : ,,..., „<«„« "'t 72 'os 5'>3 
 
 to be elected at general biennial election, terra of office. -•«. 7J, -io, o.a 
 
 statement of votes for, duties of county canvassers as lo • • i"" 
 
302 INDEX. 
 
 STATE OFFICERS— Con. Sections 
 
 resignation of, where made, vacancy, how filled 478 481 
 
 removal of certain, by whom 489 q 
 
 STRAIGHT TICKET : . 
 
 how marlted by voter, folding of, etc 163 
 
 to be canvassed first, what ballots void 173 
 
 STUDENT: 
 
 at seminary, residence not gained or lost o 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION : 
 
 election of, term of office 5H 
 
 SUPERVISORS: (see also board of supervisors). 
 
 election of, term of ofiice 46, 305, 309 
 
 to constitute member board of registration !!!!!... 84 92 
 
 to act as inspector of election * 139 
 
 when, to act as chairman of board of election inspectors . . . 146 
 
 recount of votes canvassed by 204-66 
 
 duties of, as to classification of justices in new townships....!!!..!!!!!]! 348-51 
 
 when to act as moderator of township meeting, duties, etc 366-70 
 
 to notify county clerlt of vacancy in office of treasurer or Justice of the 
 
 peace 480 
 
 in fourth class cities, one of election inspectors 561 
 
 T. 
 
 TALLY SHEET : 
 
 and ballots to be placed and sealed in ballot box 174 
 
 and copy of statement of election to whom sent 175 
 
 TERM OF OFFICE : 
 
 of elective officers 23, 72. 225. 468-9. 523 
 
 of member of state central committee 716 
 
 TICKETS: (see ballots). 
 
 TIE VOTE: 
 
 when, for governor or lieutenant governor, legislature to choose 75 
 
 in case of, where drawing to take place 188 
 
 in case of. how election determined 188 
 
 proceedings in case of, in county offices, legislature 244 
 
 proceedings in case of. at city primaries 299 
 
 in case of. in cities of fourth class 568 
 
 in ease of, at village elections, council to determine by lot 592 
 
 TOWNSHIPS : 
 
 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 l)oard, power, duties, etc 95 
 
 in now. wiio to constitute board of registration 114 
 
 opening and closing of polls in. and cities 182 
 
 noon adjournment, certain section not to apply to 182 
 
 who to constitute board of election commissioners in 232 
 
 duties of 232 
 
 when, may be divided into election districts 267 
 
 combined result of district reports to be official canvass of 273 
 
 when township board may abolish division of. into election districts • 280 
 
 new, classification of Justices of the peace in 348-49 
 
 who eligible to hold office in 361 
 
 TOWNSHIP BOARD: 
 
 duties of, as to dividing township into election districts 142, 267-8 
 
 may, by resolution, keep polls open until .•< o'clock 143 
 
 to be i)oard of election commissioners ' 232 
 
 duties of 232 
 
 when, may appoint election inspectors 269 
 
 when to appoint person instead of justice of peace on registration board. . 272 
 
 when, may abolish division of townships into election districts 280 
 
 . when disorganized or reduced below fiuorura, vacancy, how filled 319 
 
 on request of twelve electors, may call special township meeting 320 
 
 may appoint temporarily to fill vacancy in certain offices 357-8 
 
 when, mav purchase voting machines 597 
 
 TOWNSHIP CLERK: 
 
 election of, term of office 53, 305. 309 
 
 to constitute member board of registration 84, 92 
 
 when to deliver register to election inspectors 97 
 
 when to deliver and certify to copy of register of electors 102, 104 
 
 to forward secretary of state number of registered names 109 
 
 duty of, as to notification of election 13S 
 
 to act as inspector of election 139 
 
 to provide ballot box. key, election seal, etc 144 
 
 printed instructions to voters furnished 168 
 
 to have charge of ballot Ijox 174 
 
 duty of, as to duplicate statements of result of election 175 
 
 poll lists to be delivered to. and filed by 184 
 
 when order for special township meeting to be filed in office of 322 
 
 to keep minutes, etc.. and list of persons voting at town meeting 329 
 
 to record proceedings during business adjournment nt town meeting 337 
 
 oaths taken by township officers to I>e filed witli and recorded l>y 344 
 
 when, to notify persons elected at township meeting 345 
 
INDEX. 303 
 
 TOWNSHIP CLERK— Con. Sections. 
 
 duties of. as to classification of Justices in new townships :t4!)-50 
 
 certain duties of, relative to elections 35!)-Cl 
 
 to give notice to county clerks of the election of Justices of the peace.... 361 
 
 to be furnished blanlis for statements of election expenses 421 
 
 notice of, of election for circuit judge 501 
 
 copy of order for local option election to be sent to 645 
 
 duty of. relative to poll list and statement of local option election 648 
 
 when to make copv of poll list, fee for 656 
 
 TOWNSHIP ELECTIONS: (see elections, township). 
 
 TOWNSHIP MEETING: 
 
 annual, how construed 83 
 
 board of registration, meetings, etc.. of 95 
 
 when notice of first, in election district to be given 268 
 
 when held, oflicers elected at 305 
 
 where held, when may be changed, proceedings, etc 311-13 
 
 adjournment of. from time to time, when purpose other than election of 
 
 officers 314 
 
 first, after organization, when held, officers elected, etc 315-18 
 
 election inspectors at, same as at general elections 328 
 
 town clerk to keep list of voters, minutes of proceedings, etc 329, .359 
 
 polls, when opened, proclamation, etc 331 
 
 challenges at, governed same as at general elections 335 
 
 appropriation of money and election of officers at, by viva voce vote 337 
 
 when clerk to notify persons elected at 345 
 
 who qualified to vote at 371 
 
 first, in new townships, notice, place of holding, etc 378 
 
 TOWNSHIP MEETING, SI'ECI.VL : 
 
 when m.Ty be called to fill vacancy 319 
 
 call of, on signed request of twelve electors, mode of procedure 320 
 
 order for, what to specify 321 
 
 within what time, shall be called after order made 322 
 
 TOWNSHIP OFFICERS: 
 
 when, elected at township meetings to take oath of ofllce 344 
 
 penalty for certain, neglecting to qualify 353 
 
 compensation of the various 363-5 
 
 increase of, upon ratification of electors 364 
 
 resignations of, how and to whom made 478 
 
 removal of, tor certain reasons, by whom 484 
 
 petitions for recall of, to be filed with probate judge 493 
 
 TOWNSHIP TRE.ASDRER: 
 
 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 305, 309 
 
 vacancy in office of, town board mav fill temporarily 358, 480 
 
 TREASURER OF POLITIC.VL CO.MMITf EE : 
 
 must be appointed 413 
 
 lawful expenditures by 414 
 
 to render sworn account of expenditures 416 
 
 corporations not to contribute to 425 
 
 TRIPLICATE STATEMENTS : 
 
 of result of canvass of votes, how, bv and to whom delivered 175 
 
 TRUSTEES : 
 
 of county public hospital, election of 473-476 
 
 U. 
 
 U. S. CONSTITUTION: 
 
 provisions of (see appendix). 
 
 UNITED STATES SENATOR: 
 
 penalty for attempt to corrupt vote of legislator for 3S7 
 
 election of. by legislature, vacancy, etc.. relative to 476-8 
 
 petitions for recall of, to be filed with governor 493 
 
 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 fllled. etc 85 
 
 in new township, how filled 118 
 
 when notice of election to fill, in certain offices to be given 131. 134 
 
 how special election may be <-alled to fill 1.35. .319 
 
 when, to be fllled at general election, when notice to be given 138 
 
 in office of congressman, nolice of. Iiy whom given 216 
 
 in office of presidential electors, how fllled 218 
 
 term of office of per.sons elected to fill 225 
 
 on board of county canvassers, how filled 242 
 
 special canvass to fill, in office of state senator or representative 253 
 
 in board of primary inspectors, how filled, etc 288 
 
 to city or county convention, how filled 296 
 
304 INDEX. 
 
 VACANCY— Con. Sections. 
 
 in the %'ai'ious township offices, term of office, etc 307, 310 
 
 manner of classifying justices in case of election to fill ' 352 
 
 in certain town offices, how filled temporarily 357-8 
 
 in political delegations, how filled 408 
 
 in office of county treasurer, how and by whom supplied 436 
 
 in office of register of deeds, how and by whom supplied. 444, 480 
 
 term of office of county officers elected to fill, when to commence 450 
 
 in office of circuit court commissioner, how filled 458 
 
 In office of county commissioner of schools, how and by whom filled 462 
 
 In office of county drain commissioner, how filled. . . ." 463 
 
 in office of mine inspector, how filled 466, 468 
 
 in office, statement of, to be filed in office of secretary of state 475 
 
 In certain state and county offices, how filled 481-2 
 
 In office of county clerU or prosecuting attorney, how filled 488 
 
 in certain state offices, by whom filled 490 
 
 appointment or election of county officers to fill 491 
 
 in office of justice of supreme court, how filled 515 
 
 in office of U. S. senator, how filled, etc 521 
 
 in office of state highway commissioner, how filled 523 
 
 in offices in cities of fourth class, when and how filled 550-52 
 
 in fourth class cities, in election inspectors 561 
 
 person elected to fill, for less than full term to be designated on ballot 589 
 
 in membership of state central committee, how filled 717 
 
 VETO POWER: 
 
 acts adopted by people not subject to 9 
 
 VIGNETTE : 
 
 of political party, copy of, to be forwarded to election commissioners 148 
 
 to be adopted by political parties, size, etc 149 
 
 impression of, when and where filed 150 
 
 bow may be changed 150 
 
 township, city or village committees, not required to furnish 232 
 
 VILLAGES : 
 
 registration of electors in 92, 105, 279 
 
 who to constitute board of election commissioners in 232 
 
 duties of 232 
 
 division of, into election districts 275-6 
 
 manner of conducting elections in, districts 278 
 
 when may be divided into voting precincts 595 
 
 VILLAGE CLERK: 
 
 to be furnished with blanks for statements of election expenses 421 
 
 to give notice of election 586 
 
 statement of votes and certificate of election to be filed with 590 
 
 to make duplicate certificates of election, wliere filed 591 
 
 to notify persons elected or appointed 593 
 
 VILLAGE COUNCIL: 
 
 may by resolution keep polls open until 8 o'clock 143 
 
 to appoint election commissioners, provide ballot boxes, etc 587 
 
 to determine result of election 591 
 
 in case of tie at elections, to determine by lot 592 
 
 when may authorize the use of voting macliines at village election 597 
 
 VILLAGE OFFICERS: 
 
 number of, elected or appointed, term of office, etc 578-82 
 
 petitions for recall of, to be filed with probate judge 493 
 
 VILLAGE TRUSTEES: 
 
 duties of. and president as to dividing village into election districts 275 
 
 VIVA VOCE VOTE: 
 
 inspectors of election, when chosen by 140 
 
 when overseers of highways may he elected by 325 
 
 business transacted at town meetings by 337 
 
 VOTERS: (see also electors). 
 
 instructions to, form of ballot, etc 152 
 
 assistance of, in preparation of ballot 158 
 
 printed instructions, by whom furnished, etc 168 
 
 unlawful to influence 170 
 
 instructions for, information wlien, by whom and to whom delivered 607 
 
 instructions for, as to voting machine and time, ma.v remain in booth 612 
 
 unable to vote intelligently, by whom and bow assisted 615 
 
 VOTES: ,_. 
 
 statement of, by county canvassers ^gg 
 
 statement of, by district canvassers. 
 
 186 
 
 canvasser's statement of, how made up, filed, etc 187 
 
 district canvass of, when and where made oio"'?? 
 
 recount of, by county canvassers ~ oSs 
 
 canvass of, in districts, certified statement to be made ^'o 
 
 canvass and result of, on questions submitted to electors at district meetings ^74 
 
 canvass of, in village districts ~t,° 
 
 canvass of, at township elections °^^ 
 
 canvass of, for circuit judge nnsQ 
 
 for regents, canvass of ki t i q 
 
 canvass of, for supreme court justices • ■ • • oii-i» 
 
 returns of, of certain officers at general election, when, to and by whom 
 
 made ^" 
 
INDEX. 305 
 
 VO'riXG MACHINES: . Spctions. 
 
 who may authorize tbo uso nf. at township, city or village elections 597,627 
 
 purchase and use of 507-031 
 
 how constructed, how used by electors 598 
 
 payment for, l)y bonds, etc., Iiy whom 600 
 
 supplies, rules and instructions iu connection with use of, bv whom fur- 
 nished 601. 610 
 
 ballot labels for GO'J 
 
 model of. to be set up and operation of. explained to voters 60:S 
 
 preparation of, by county clerk, sealinir 604 
 
 custodian of. appointment and duties 604-5 
 
 instruction to inspectors, relative to operation of 605 
 
 instructions for voters as to using, to be placed in booths 607 
 
 assistance given voters where, are used 615 
 
 statement of votes shown by, when to be ascertained and proclaimed 617-18 
 
 districts using, to notify secretary of state 61 it 
 
 use of, at primary elections 621-6 
 
 W. 
 
 WAGER : 
 
 on election, penaltv for 386-8 
 
 WAGES: 
 
 in paving, emplover not to put political matter into envelopes 426 
 
 WAUn COMMITTEE : 
 
 notice of time for holding primaries in cities given by 285 
 
 one of, in city primaries, one of board of inspectors 288 
 
 act to fix term of members of 662 
 
 WARDS : 
 
 residence in. condition of registration 100 
 
 primaries in cities, held in, at same time 284 
 
 change of boundaries not to affect aldermen 526-7 
 
 electors in. division of, into precincts, etc 528-9 
 
 registration, election districts, new, etc 5.S0-545 
 
 two aldermen elected in each 540 
 
 WAYNE COUNTY : 
 
 re-registration of electors in, when made 113 
 
 board of election commissioners in, who to constitute 147 
 
 nominee in. of two parties to give notice specifying choice 148 
 
 failure to give, name, how placed 148 
 
 committees, to forward vignette and names of candidates to election com- 
 missioners 148 
 
 who to constitute board of county canvassers in 240 
 
 act for approval of county officers* bonds, not to applv to 477 
 
 WOMEN: 
 
 may vote in certain cases 374-7 
 
 tiualifications of, voters 375 
 
 39 
 
INDEX TO THE 
 
 PRIMARY ELECTION LAW 
 
 40 
 
INDEX 
 
 TO PRIMARY ELECTION LAW 
 
 The referencps are to compiler's sections. 
 
 A. 
 
 ADVERTISEMENT: ^ ^ ,, _ ^l^o'-n^k 
 
 in papers, restriction placpd on candiclatc lUj, iUj 
 
 AFFIDAVIT: P,P,r, 
 
 roj;iBtration liy """ 
 
 ATPORTIONMENT : , , , . p-o 
 
 of dploffatos to state couvenlion. wlio to (Iclirmine oia 
 
 AUGUST PnfMARY: . , , . r.ft'? 7T> 
 
 conduct of, officers nominated, etc >>o^ 'J- 
 
 state convention held within forty days atlcr ojo 
 
 B. 
 
 BALLOTS: g-0 
 submittins proposition,"form, ";ind"size when more than one proposition 
 
 submitted Jji^ 
 
 instruction, number printed "' J 
 
 who to prepare, what to contain etc . . . . . . ■ ■ ■ "'^ 
 
 place upon, for writing names of proposed county delegates o<o 
 
 proof copies of, where placed on flle ^<a 
 
 preparation of. in cities where ofticers not elected at November election 676 
 
 preparation of. bv board of election commissioners, liow governed 676 
 
 for political party, number to be printed «'' 
 
 bow prepared, numbered, etc °'^ 
 
 official primary, form of °'° 
 
 elector to state, desired • °°g 
 
 cast bv challenged elector, record to be kept of oo» 
 
 folding of 
 
 690 
 
 penalty for exposure of ^jy 
 
 rejection of XXJ 
 
 counting of pnp 
 
 printing of names on "•'" 
 
 r.ALLOT BOXES: „„, 
 
 provision for {!„,, 
 
 etc., returning of p^; 
 
 when, to be opened in case of recount "■'•' 
 
 BANNER : -no 
 
 campaign, unlawful to post ,• • ■ •, -n" 
 
 unlawful to distribute, etc., above certain size '"•• 
 
 BLANK FORMS: , ^ , r.s- 
 
 of nomination petitions, county, etc.. elerlis to prepare, etc no-' 
 
 BOARD OF CANVASSERS: . , -„, 
 
 to certify nominee to election commissioners ";?J 
 
 duty of. relative to recount "'•'■' 
 
 BOARD OF ELECTION COMMISSIONERS: „ 
 
 to prescribe size, etc., of ballots „ , Sio 
 
 to prepare, etc., ballots »'*• S'2 
 
 correct ion by, of errors in primary ballot "' g 
 
 duty of, in certain cities xiS 
 
 how governed in preparation of ballots ... . . ■ "'" 
 
 number of delegates each election district entitled to. to be certlOed to 676 
 
 new parties to certify to, number of liallols necessary »'' 
 
 duty of. relative to delivering ballots, etc., to county clerk ooo 
 
 to <ert ify names of certain delegates to county clerk 0"» 
 
 duty of. relative to printing names on ballot <>•"' 
 
 BOARD OF ELECTION INSBECTORS : > PP,. 
 
 registration by " ' 
 
310 INDEX. 
 
 BOARD OF STATE CANVASSERS: Sections 
 
 who to appoint meeting of 693 
 
 liow to proceed in canvass of votes for U. S. senator, governor, etc 693 
 
 to certify nominations 694 
 
 C. 
 
 CALLS : 
 
 for state convention, wlien issued, etc 698 
 
 CAMPAIGN CARDS: 
 
 unlawful to distribute, etc., above certain size 70S 
 
 CANDIDATES : 
 
 for circuit judge, election of, when held, etc 670-71 
 
 for city offices, when nominated 671 
 
 sum paid by. in certain cities previous to printing of name on ballot 682 
 
 unlawful for. to procure more tlian maximum number of names on nomi- 
 nation petition 685 
 
 list of, to be publicly exposed 686 
 
 secretary of state to certify names of, to boards of election commissioners.. 686 
 not deemed nominated when parly vote less than fifteen per centum of 
 
 preceding election 692 
 
 notice to opposing, in case of recount 695 
 
 certain, names of, certified to election commissioners 696 
 
 when nominated by more than one party 696 
 
 for county officers to elect chairman and secretary of county committee:. 696 
 
 unlawful for, to post card, banner, poster, etc 702-703 
 
 unlawful to solicit money, etc., from 704 
 
 restriction placed on, in advertising 705 
 
 unlawful for, to treat 706 
 
 CANVASS OF VOTES: 
 
 law regulating 664 
 
 and return of votes cast at primary submitting question 670 
 
 how made for candidates in judicial districts 670 
 
 CARDS : 
 
 campaign, etc., unlawful to post 702-3 
 
 printing of, by county clerlj, what to contain, etc 710 
 
 CERTIFIED COPIES: 
 
 of votes for certain candidates to be transmitted to secretary of state 693 
 
 CHAIRMAN: 
 
 of township, etc., committee to notify delegates elected to convention 673 
 
 of county committee, when to certify number of delegates to county con- 
 vention 676 
 
 of county committee, bow and when elected 696 
 
 CHALLENGE : 
 
 of voters at primary 689 
 
 CHALLENGERS : 
 
 powers of 690 
 
 CIRCUIT JUDGE: 
 
 nomination of, how made, date of, etc 670-71 
 
 when secretary of state to canvass vote relative to direct nomination of. . 670 
 
 CITIES: 
 
 primaries in, when eflfective 653 
 
 enrollment in 666 
 
 certain, subsequent submission under direct nomination system by 667 
 
 under commission form ot government, primary act not to apply to 671 
 
 certain, officers nominated at primaries 672 
 
 having no wards, delegates elected from entire city 073 
 
 nomination petitions of local officers in certain, time set for tiling 686 
 
 certain, time polls left open . 687 
 
 not adopting certain provisions to nominate in conventions ' 696 
 
 nomination of party candidates in certain, provisions governing 699 
 
 CITY CLERK : 
 
 registration of electors before 666 
 
 nomination petitions in certain cities addressed to 668 
 
 when certain duties of, performed by secretary ot state 670 
 
 primary election, notice of, when given by, submitting direct nomination.... 670 
 
 duty of, relative to nomination petition 670 
 
 when to give notice of no holding of primary 672 
 
 primary election ballots to be filed with 677 
 
 nomination petitions of city officers to be filed with 682-3 
 
 to prepare, etc., blank forms of nomination petitions 685 
 
 to prepare, etc., list of candidates 686 
 
 duty of, relative to delivering of register of electors, etc 710 
 
 CITY OFFICE: 
 
 direct nomination of party candidates for, submission of question 667 
 
 petition relative to nomination in certain cities to, where addressed 668 
 
 CITY OFFICERS: 
 
 nomination of, at primaries 6(2 
 
 signatures required upon nomination petitions of 682 
 
 COMMISSION FORM OF GOVERNMENT : 
 
 cities under, primary act not to apply to 071 
 
 COMMITTEES : 
 
 county, bow chosen, etc 096-9 1 
 
 COMMON COUNCIL: 
 
 power of, in certain cities to hold polls open '>S7 
 
INDEX. 311 
 
 CONGRESSMAN: Sections. 
 
 Dommatioii of q^o 
 
 canvass of votes for nty> 
 
 CONVENTION : 
 
 when delegates elected at 073 
 
 state, wben held, etc (>qq 
 
 COPIES : """ 
 
 certified, of list of candidates to be nosteil ffSB 
 
 COUNTY CLERK : 
 
 when certain duties of. performed liy secretary of state 670 
 
 when to give notice of no holding of primary '.'.'.'.'.'.'. 672 
 
 proof copies of ballot to be on file in office of.'. 075 677 
 
 to furnish primary pamphlets to election in.spectors '678 
 
 nomination petitions of district officers filed with 681 
 
 new party petitions, tor district or county offices, filing of. with.....!..!! 683 
 
 to prepare, etc., blank forms of nomination petitions 685 
 
 nomination petitions, time set for filing witli 686 
 
 duty of, when nomination petitions deficient !!!!!!! 686 
 
 to certify names of candidates who meet requirements ! ! ! 686 
 
 to prepare, etc., list of candidates ! ! ! ! 686 
 
 duty of, relative to distribution of ballots, etc !!!! 688 
 
 to certify delegates to county convention 691 
 
 to transmit certified copies of votes for candidates to secretary of state.... 693 
 
 duty of, relative to printing certain sections of primary act 710 
 
 COUNTY COMMITTEE: 
 
 when number of delegates to state convention certified to chairman of 673 
 
 to indicate how delegates selected 673 
 
 chairman of, when to certify number of delegates to county convention.... 676 
 
 of new party, to certify number of ballots necessary 677 
 
 what to constitute ." 696 
 
 chairman and secretary of, how and when elected 696 
 
 to issue call for meeting of county convention 697 
 
 at convention, to be chosen by each party 697 
 
 COUNTY CONVENTION : 
 
 election of delegates to 673 
 
 delegates to, how chosen 691 
 
 when held, how designated, etc 697 
 
 COUNTY OFFICERS: 
 
 nomination of, at primaries 072 
 
 signatures required upon nomination petitions of 082 
 
 COUNTY OFFICES: 
 
 candidates for, wben nominated 071, 672 
 
 when to elect chairman and secretary of county committee 090 
 
 D. 
 
 DEATH : 
 
 or withdrawal of candidate 696 
 
 DEFICIENT PETITIONS: 
 
 duty of secretary of state, etc., relative to 686 
 
 DELEGATES : 
 
 to political convention, nomination of, at primary election 665 
 
 to county convention, when selected in convention 673 
 
 election of, to county convention, number, etc 673 
 
 to state convention, when number certified and apportioned 07o 
 
 when chosen 097 
 
 to county convention, chairman of county committee to certify apportion- 
 ment of 076 
 
 who declared 691 
 
 DEPOSIT : 
 
 petitioner for recount to make 095 
 
 IilSTRICT OFFICERS: 
 
 signatures required upon nomination petitions of 081 
 
 DISTRICTS: 
 
 not adopting certain provisions to nominate in conventions 696 
 
 E. 
 
 ELECTIONS : 
 
 expenses of, how defrayed 664 
 
 how conducted, etc 664 
 
 result of, how declared, etc 092 
 
 ELECTION COMMISSIONERS: 
 
 lioard of, duty of, relative to ballots 070, 674, 676 
 
 duty of, in certain cities 676 
 
 nominees to be certified to 694 
 
 ELECTION INSPECTORS: 
 
 primary pamphlets to be furnished 078 
 
 to preside over primary election OSS 
 
 number of, when may be reduced 688 
 
 to act as challenger in certain cases 089 
 
 duty of, relative to ballots 090 
 
 to certify names of delegates to county convention 691 
 
 pasting of certain slips on ballot by 696 
 
 to cause certain sections to he posted 710 
 
312 INDEX. 
 
 ELECTOR : Sections. 
 
 oath of, wlien challengecl 689 
 
 to state ballot desired 689 
 
 EXPENSES : 
 
 of elections, how def rnyed 664 
 
 G. 
 
 GENERAL ELECTION LAW: 
 
 certain provisions of. to govern prim-arv election 688 
 
 GOVERNOR : 
 
 nomination of, at primaries 671 
 
 signatures required upon nomination petition of 680 
 
 canvass of votes for 693 
 
 H. 
 
 ILVLF-TONE ENGRAVING : 
 
 unlawful to post 702 
 
 size of, for publication in uewspuper 705 
 
 HAND BILL : 
 
 campaign, unlawful to post 702 
 
 unlawful to distribute, etc., above certain size 703 
 
 I. 
 
 INSTRUCTION BALLOTS: 
 
 printing of, color, etc 674 
 
 J. 
 
 .TUDICIAL DISTRICT: 
 
 when, composed of more than one county 670 
 
 L. 
 
 LIEUTENANT GOVERNOR: 
 
 nomination of. at primaries 671 
 
 nomination petition for, what per cent of sijinatures required 680 
 
 canvass of votes for 693 
 
 LIQUORS: 
 
 circulating of, at polls 701 
 
 unlawful for candidate to buy elector 706 
 
 LIST: 
 
 of candidates, who to prepare, etc 686 
 
 LITHOGRAni : 
 
 unlawful to post 702 
 
 etc., unlawful for candidate to publish 705 
 
 size of, for publication in newspaper 705 
 
 M. 
 
 MARCH PRIMARY: 
 
 election of county officers, etc., at 671 
 
 state convention held within fifteen days .ntter 698 
 
 MEETING: 
 
 of board of state canvassers, who to appoint 693 
 
 IMISDEMEANOR: 
 
 who deemed guilty of 700, 707-8 
 
 MnNEY : 
 
 unlawful to use, in influencing voter 700 
 
 etc., soliciting of, from nominee, unlawful 704 
 
 N. 
 
 NAMES : 
 
 nunjbcr of, required on petition for direct nomination 66 ( 
 
 of candidates may be written, etc., on l)allots for special election 671 
 
 of delegates to county convention not to be printed on ballot 673 
 
 of candidates to be publicly exposed in office of secretary of state, etc 686 
 
 printing of, on ballot G75, 690 
 
 NATIONAL COMMITTEE: .,oor 
 
 choice of members of ' 1S-2j 
 
 NEW POLITICAL PARTY : 
 
 who to determine number of ballots for d77 
 
 how to obtain printing of name of candidate of 683 
 
 candidates of, names required on nomination petitions of 683 
 
 when voter may re-enroll as member of 683 
 
 nomination petitions of candidates of 685 
 
 NEWSPAPER : 
 
 candidate, restrictions placed on, in advertising in 70o 
 
 NOMINATION: 
 
 of party candidates in cities of less than seventy tliousaud bfav 
 
 of person by more than one party 696 
 
 of candidate in certain cities, in convention 6.)6 
 
 NOMINATION PETITION: 
 
 candidate to file, before name printed on ballot 67 j 
 
 where filed, who may sign, form of, etc 0.S0-S5 
 
INDEX. 313 
 
 NOMINATING PETITION— Con. Scitii)iis. 
 
 who may sign, etc 082 
 
 doctor not to sign more than one for same office 085 
 
 open to public inspection, etc (RSR 
 
 time limited for filing 080 
 
 NOMINEES : 
 
 when, may name committee GOG 
 
 NON-P.VRTISAN BALLOT: 
 
 when city officers elected on. primary act not applicable 071 
 
 NOTICE : 
 
 relative to enrollment and election fili-l 
 
 of primary to vote on direct nominations, \vli(>n county or city clerl\ to give. 070 
 
 O. 
 OATH : 
 
 of challenged elector, form of CSO 
 
 OFFENSE : 
 
 prosecution for, when to bo commenced 709 
 
 OFFICERS : 
 
 dut.v of, relative to election GG4 
 
 election, duty of, same as under general election law 002 
 
 when guilty of misdemeanor 708 
 
 P. 
 PAMPHLET COPIES: 
 
 of primary law, secretary of state to furnish G7S 
 
 PASTERS: 
 
 unlawful to distribute, etc., at primary election G71 
 
 PENALTY : 
 
 for soliciting votes unlawfully TOO 
 
 upon conviction of misdemeanor 707 
 
 for neglect of duty of officer 708 
 
 PETITION : 
 
 relative to nomination, of party candidates for certain offices C>C)7, OG.^ 
 
 to whom addressed, form of 668-0 
 
 signing of, relative to nomination of candidates in certain cities 607 
 
 relative to nomination to offices in certain cities, etc., where addressed.... 608 
 
 form of, relative to direct nomination 600 
 
 relative to direct nomination, by whom e.xamini'd 670 
 
 nomination, to be filed before candidates' name printed on primary l)ailot . . 075 
 
 for governor, etc., what percentage of signatures reiiuircd 6R0 
 
 relative to the, of county officers, filing 6S2 
 
 who may si^n, etc O^S 
 
 of new parties, who to sign 083 
 
 form of all 684 
 
 public inspection of, after filing of, with secretary of state 685 
 
 lilanls forms of, kept by county and city clerks 685 
 
 unlawful to sign more than one. for same office 685 
 
 time set for filing of, with city clerk 686 
 
 time set for filing of, with secretary of state 686 
 
 to board of canvassers for recount ■• 095 
 
 for submission, etc., how governed in certain c#ties 699 
 
 PHOTOGRAPH ; 
 
 unlawful for candidate to post '0- 
 
 POLLS : „„. 
 
 opening and closing of o^' 
 
 liquors, use of, at '•'I 
 
 POSTER : 
 
 campaign, unlawful to post iJJ- 
 
 unlawful to distribute, etc.. above certain size .• lOo 
 
 printing of, bv county clerk, what to contain, etc 710 
 
 PRIMARY ELECTION: 
 
 how made, when held, etc 06.1-4 
 
 definition of ■ 06.". 
 
 notice of, submitting direct nomination of party candidates 07(1 
 
 for nominating candidates for circuit judge, wlien held, etc 670,071 
 
 general, when held 071 
 
 in wiiat cases need not be lield 672 
 
 provisions of general election law relative to furnisliing ballots, etc.. appli- 
 
 calde to fiSS 
 
 result of, bow declared 692 
 
 candidates for county offices to elect chairman and secretary of county com- 
 mittee within ten days after 800 
 
 to be deemed election day 711 
 
 PRIMARY ELECTION LAW: 
 
 duty of secretary of state relative to furnishing copies of 678 
 
 certain sections of, to be printed on cards, etc., posting, etc '. 710 
 
 I'KOOF COPIES: 
 
 of primary ballots, where placed on file 67o 
 
 ntOSECl TION: 
 
 f'li- offenses mentioned in this act fO.l 
 
 I'l r.LIc ATION: 
 
 of notice, of list of certified candidates..' OSd 
 
314 INDEX. 
 
 QUALIFIED ELECTOR : ^' Sections, 
 
 deflnition of ggg 
 
 R. 
 RECORD: 
 
 to be kept o£ ballot cast by challenged elector fioo 
 
 RECOUNT : . . . . ooj 
 
 candidates may petition for, deposit, etc GOT 
 
 REGISTER OP EI.,ECTORS : 
 
 to be furnished the inspectors by city clerks 710 
 
 REGISTRATION: 
 
 for primary election, how made • 663 rrr 
 
 REPRESENTATIVE : 
 
 in congress, nomination of. at primaries ; . 672 
 
 state, nomination of, by direct vote 672 
 
 signatures required upon nomination petition of 6S1 
 
 nomination of two or more candidates in each party - 681 
 
 canvass of votes for ". 603 
 
 districts comprised, of more than one county 696 
 
 RE-SUBMISSION: 
 
 of question of direct nomination of party candidates in certain cities 667 
 
 RETURNS : 
 
 election, canvass of, etc 693 
 
 when, deemed correct, in case of recount 695 
 
 SECRETARY : 
 
 of county committee, how .and when chosen 696 
 
 SECRETARY OF STATE : 
 
 votes cast for. bearing of, on candidates in cities less than 70.000 667 
 
 duty of, relative to .iudicial districts 670 
 
 when to give notice of no holding of primary 672 
 
 duty relative to furnishing pamphlets of primary hiw 678 
 
 nomination petitions for U. S. senator, governor and lieutenant governor 
 
 filed with 6R0 
 
 of new parties 683 
 
 district officers, nomination petitions relative to, filed witli 681 
 
 nomination petitions, to keep record of GS."* 
 
 time set for tiling of, with 6S6 
 
 duty of, relative to certifying names of candidates to certain boards of 
 
 election 6R6 
 
 duty of, when nomination petitions deficient 686 
 
 to prepare, etc.. list of candidates 686 
 
 county clerk to transmit certified copies of votes to 693 
 
 duty of. relative to calling meeting of canvassers 693 
 
 nomination of U. S. senator certified to 694 
 
 to certify nomination of U. S. senator to next legislature 694 
 
 SENATOR : 
 
 state, nomination of 672 
 
 United States, nomination of, at primaries 671 
 
 petitions to be filed wi*h secretary of state relative to nomination of 680 
 
 of new party, nomination petition relative to 683 
 
 canvass of votes for 693 
 
 nomination of, to be certified to secretary of state 694 
 
 SIGN.\TURES : 
 
 percentage required on petition for submission 667 
 
 required upon nomination petitions of certain officers 680 
 
 nominating petitions of new parties, number required 683 
 
 SLIPS : 
 
 unlawful to distribute, etc., at primary election 671 
 
 SOLICITING: 
 
 of votes, unlawful 701 
 
 SPECIAL PRIMARY ELECTION: 
 
 when called, etc 671 
 
 STATE CENTRAL COMMITTEE: 
 
 when, to certify number of delegates to state convention 673 
 
 to certify number of ballots necessary 677 
 
 meeting of board of state canvassers certified to 693 
 
 to designate date of county convention 697 
 
 to issue call for state convention, etc 608 
 
 selection of, at state convention ■ 098 
 
 election and organization of 713-17 
 
 STATE CONVENTION: 
 
 who to certify number of delegates to 673 
 
 election of candidates for 697 
 
 when held, etc 608 
 
 STATEMENTS : 
 
 to be delivered, etc., by election officers 692 
 
 STATE OFFICERS: 
 
 Domination of, at state convention 697 
 
INDEX. 315 
 
 SUBMISSION: Sections. 
 
 of question of direct nomination of party candidates in certain cities CtCtJ 
 
 of ciuestion of direct vote, petitions for Onn 
 
 SUPPLIES : 
 
 disposition of. etc.. after counting of votes 002 
 
 T. 
 T\LLY SHEETS: 
 
 diitv of election officers relative to 002 
 
 TIE VOTE : 
 
 determined by lot 005 
 
 TOWNSHIP: 
 
 election of dele;;atcs from, to county conveul ion 07" 
 
 TOWNSHIP BOARD: 
 
 power of, to iiold polls open 087 
 
 TOWNSHIP CLERK : 
 
 registration for primary election Ijefore f'OO 
 
 duty of. relative to delivery of register of doctors, etc 710 
 
 TREATING : 
 
 by candidates, etc.. unlawful 70tj 
 
 TWENTY PER CENT: 
 
 of enrolled voters required on petition for suljiuission. etc.. of direct nomi- 
 nation 007 
 
 U. 
 
 UNITED STATES SENATOR: (see also senator.*. 
 
 nomination of. at primaries 671 
 
 signatures required upon nomination petition of 680 
 
 V. 
 
 VACANCY : 
 
 in office, when special election beld to fill 071 
 
 in delegation to county convention, bow tilled ti7?. 
 
 action taken in case of 600 
 
 wben. not tilled bv committee 69G 
 
 VILLAGE CLERK: 
 
 duty of. relative to delivery of register of electors, etc 710 
 
 VOTERS: (see also electorsi. 
 
 • registration of 003. 660 
 
 unlawful for, to sign more tban one nomination petition for same office.... 685 
 
 VOTES : 
 
 canvass of 670 
 
 canvass of. for U. S. senator, governor, etc 693 
 
 soliciting, unlawful 701 
 
 W. 
 WARD : 
 
 election of delegates from, to county conventi(jn 673 
 
 cities not having, delegates chosen from entire eilv 673 
 
 WITHDRAWAL : 
 
 or death of candidate 696 
 
 WITNESSES : 
 
 not liable to criminal prosecution, relative to testimony 700 
 
' U U I D /O 
 
 378719 
 
 m 
 
 
 UNIVERSITY OF CALIFORNIA I^IBRARY