UC-NRLF
SB
REVISION OF 1906
STATE OF MICHIGAN
LAWS RELATING TO
T IONS
COMPILED UNDER THE SUPERVISION OF
GEORGE A. PRESCOTT
SECRETARY OP STATE
BY AUTHORITY
LANSING, MICH.
WYNKOOP HALLENBECK CRAWFORD CO., STATE PRINTERS
1906
REVISION OF 1906
STATE OF MICHIGAN
LAWS RELATING TO
ELECTIONS
COMPILED UNDER THE SUPERVISION OF
GEORGE A. PRESCOTT
SECRETARY OF STATE
BY AUTHORITY
LANSING, MICH.
WYNKOOP HALLENBECK CRAWFORD CO., STATE PRINTERS
1906
TABLE OF CONTENTS.
CHAPTER I.
Sections.
Constitutional Provisions 1-54
Elections denned f 55
CHAPTER II. Registration:
Act 177 of 1859 56-85
Registration in cities 57-63
Registration in townships 64-72
Death and removal of electors 73-76
Village elections 77-84
In Wayne County 85
Act 4 of 1869 — Registration in new townships 86-91
Boards of, not to meet where liquors are sold 92-93
CHAPTER III.
General and Special Elections:
Act 175 of 1851 — Holding of general and special elections 94-102
Notification of elections 103-110
Act 190 of 1891— Manner of conducting, and to prevent fraud 111-155
Act 175 of 1851— Continued.
Poll lists 156
Canvass of votes 157-165
District canvass 166-172
State canvass 173-188
State officers, representatives and presidential electors 189-193
Miscellaneous provisions 194-199
Act 194 of 1891 — Municipal and township elections 200-202
Identifying ballots of unqualified voters 203-208
CHAPTER IV. Canvass and Return of Votes:
Act 149 of 1895 — Board of county canvassers 209-221
Special canvass for state senators and representatives to fill vacancies. 222
Uniformity in returns 223-224
Correction of frauds and errors in returns 225
Preservation of evidence of error or fraud 226-232
CHAPTER V.
Act 203 of 1877— Election districts in townships and villages 233-246
CHAPTER VI.
Act 135 of 1895— Primaries in cities 247-268 ,
257211
CONTENTS.
CHAPTER VII.
Township Elections — Duties of Officers: (Chap. 16, R. S. 1846.) Sections.
Township meetings 269-290
Manner of conducting elections 291-301
Canvass of votes 302-306
Township officers 307-317
Resignations, vacancies, etc 318-321
Duties of township clerk 322-324
Township treasurer 325
Compensation of township officers 326-327
Township business, other than elections 328-332
Qualification of voters and officers 333-334
Act 156 of 1851— First election in. townships 335
*
CHAPTER VIII.
Offenses Against Election Laws:
Penalties, R. S. 1846, Chap. 19 336-342
Betting upon elections 343
Betting upon nominations 344-345
Bribery 346-355
Protection of primaries and conventions 356-364
Purity of conventions 365-368
Disturbances 369
Closing of saloons 370
CHAPTER IX.
County officers, election and qualification 371-397
Approval of bonds 398
CHAPTER X.
Resignations, Vacancies and Removals:
Resignations 399-400
Vacancies 401-402
Removals .«> 403-408
Filling vacancies 409-412
CHAPTER XL Election of Certain Officers:
Circuit judges % 413-420
Regents of university 421-424
Justices of supreme court 425-432
U. S. senators 433-435
Elections in upper peninsula 436-441
CHAPTER XII.
Elections in Cities and Villages:
Fourth class cities 442-494
Villages 495-517
CHAPTER XIII. Miscellaneous:
Use of voting machines 518-533
Return of vote to Secretary of State 534-535
Publicity of proposed constitutional amendments 536-537
Apportionment of state senators and representatives 538-540
Local option law , 541-559
CONTENTS.
CHAPTER XIV.
Primary Election Law: Sections.
Act 181 of 1905 560-599
NOTE. — This compilation includes only laws of a general nature. Locar acts which concern particular localities have been omitted.
The annotations include Supreme Court decisions to and including the 135th 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.
MICHIGAN ELECTION LAWS.
CHAPTER I.— CONSTITUTIONAL PROVISIONS.
ARTICLE IV.— LEGISLATIVE DEPARTMENT.
(1) SECTION 1. The legislative power is vested in a sen- Legislative ate and house of representatives. vestedf. °
DELEGATION OP LEGISLATIVE POWER : The general law-making power cannot be delegated. — People v. Collins, 3 / 343-427 ; State Tax Law Cases, 54 / 350, 398, 455. But local legislative power may be delegated as authorized and contemplated by the constitution. — People v. Collins, 3 / 343-415. See also Att'y Gen. v. Bolger, 128 / 362 ; People v. Salsbury, 134 / 544. The gov- ernor has no power to make laws. The legislative power is in no part vested in him : his office is a check upon the legislature. — People v. Dettenthaler, 118 / 602.
(2) SEC. 2. The senate shall consist of thirty-two mem- Senate, fters. Senators shall be elected for two years, and by single districts. Such districts 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 senate districts, except such county shall be equitably entitled to two or more senators.
Hunt v. Buhrer, 133 / 113.
DIVISION OF COUNTY: The only counties as yet affected by this pro- vision are Wayne and Kent.
(3) SEC. 3. The house of representatives shall consist of not less than sixty-four, nor more than one hundred mem- bers. Representatives shall be chosen for two years and by single districts. Each representative district shall contain, as nearly as may be, an equal number of inhabitants, exclu- sive of persons of Indian descent who are not civilized, or are members of any tribe, and shall consist of convenient and contiguous territory. But no township or city shall be di- vided in the formation of a representative district. When any township or city shall contain a population which en- titles it to more than one representative, then such township or city shall elect by general ticket, the number of repre- sentatives to which it is entitled. Each countv hereafter or-
STATE OF MICHIGAN.
ganized, with such territory as may be attached thereto, shall be entitled to a separate representative when it has attained a population equal to a moiety of the ratio of representation. In every county entitled 1o more than one representative the board of supervisors shall assemble at such time and place as the legislature shall prescribe and divide the same into rep- resentative 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, speci- fying the number of each district and population thereof, according to the last preceding enumeration.
Am. 1870.
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. Sec'y of State, 92 / 638.
GENERAL TICKET : No township has ever come under this provision and only three cities, Detroit, Grand Rapids and Saginaw.
SUBDIVISION OF COUNTY: The power to divide the county into repre- sentative districts is vested in the board of supervisors and not in the legis- lature. — Supervisors v. Sec'y of State, 92 / 638.
See Smith v. Saginaw, 81 / 123 ; Maynard v. Canvassers, 84 / 228 ; Hunt v. Buhrer, 133/113.
Enumeration (4) SEC. 4. The legislature shall provide by law for an of inhabitants, enumeration of the inhabitants in the year eighteen hundred and fifty -four, and every ten years thereafter; and at the first session after each enumeration so made, and also at the first session after each enumeration by the authority of the United States, the legislature shall rearrange the senate districts and apportion anew the representatives among the counties and districts, according to the number of inhabitants, exclusive of persons of Indian descent who are not civilized, or are mem- bers of any tribe. Each apportionment, and the division into representative districts by any board of supervisors, shall remain unaltered until the return of another enumeration.
Apportion- senators and tfvesesenta"
Am. 1870.
DISTRICTS UNALTERABLE: The constitution prohibits any alteration of a district and a law which, by the change of city boundaries, transfers electors from one district to another is as much an alteration as it would be If the same result were brought about in a different way. — Att'y Gen. v. Holihan, 29/116. But, except as prohibited by the constitution, the legislature can change legislative districts, and the power to do so is not lodged exclusively in the boards of supervisors. Such changes may be made after a new enum- eration and prior to the new apportionment. — People v. Bradley, 36 / 447. The- organization of a new county 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 electing representatives, does not violate this provision of the constitution. — Smith v. Saginaw, 81 / 123.
ENUMERATION : The enumeration here intended is an enumeration of thf> population by either the federal or state authority. — Bay Co. v. Bullock,. 51 / 544.
Senators and tfvesfonbe"
OfflcTvacated by removal,
(5) SEC. 5. Senators and representatives shall be citi- zens of the United States and qualified electors in the respec- tive counties and districts which they represent. A removal from their respective counties or districts shall be deemed a vacation of their office.
Royce v. Goodwin, 22 / 496.
ELECTION LAWS. * 9
(6) SEC. 6. No person holding any office under the certain officers United States or any county office, except notaries public, leltfnthe0 a officers of the militia and officers elected by townships, shall legislature. be eligible to or have a seat in either house of the legislature,
and all votes given for any such person shall be void.
See Att'y Gen. v. Detroit Com. Council, 112 / 151.
(7) SEC. 9. Each house shall choose its own officers, de- Jj™8 of each termine the rules of its proceedings, and judge of the quali- fications, elections and returns of its members, and may, with
the concurrence of two-thirds of all the members elegted, ex- pel a member. No member shajl be expelled a second time for Rules— expui- the same cause, nor for iny cause known to his constituents 01 antecedent to his election; the reason for such expulsion shall be entered upon the journal, with the names of the members voting on the question.
JUDGE OP ELECTIONS : The decision of each house as to its own mem- bership is conclusive and not subject to review by the courts. — People v. Maha- ney, 13 / 481 ; F. & F. P. R. Co. v. Woodhull, 25 / 99^; Aud. Gen. v. Super- visors, 89 / 552 ; Wheeler v. Canvassers, 94 / 448.
(8) SEC. 11. In all elections by either house or in joint . convention, 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.
(9) SEC. 18. No person elected a member of the legisla-
ture shall receive any civil appointment within this State, or appointment, to the Senate of the United States, from the governor, the governor and senate, from the legislature, or any other State authority, during the term for which he is elected. All such appointments and all votes given for any person so elected for any such office or appointment shall be void. No member Not be inter- of the* legislature shall be interested, directly or indirectly, tract wltKe in any contract with the State or any county thereof, author- state- ized by any law passed during the time for which he is elected, nor for one year thereafter.
APPOINTMENT : The term "appointment" seems to be used here as synonymous with "election." — People v. Hurlbut, 24 / 44. The purpose of such provisions is to prevent officers from using their official positions in the creation of offices for themselves, or for the appointment of themselves to place. — Ellis v. Lennon, 86 / 468.
(10) SEC. 30. No collector, holder nor disburser of pub- ineiigibiiity
i . * -IT i , . n i • i j -L T • °f certain
he moneys shall have a seat in the legislature, or be eligi- persons. ble to any office of trust or profit under this State, until he shall have accounted for and paid over, as provided by law, all sums for which he may be liable.
(11) SEC. 34. The election of senators and representa- Action of d tives pursuant to the provisions of this constitution, shall be representa- held on the Tuesday succeeding the first Monday of Novem- u
ber, in the year one thousand eight hundred and fifty-two, and on the Tuesday succeeding the first Monday of Novem- ' ber of every second year thereafter.
Westinghausen v. People, 44 / 205 ; Maynard v. Canvassers, 84 / 228. For general election laws, see sections 94 et seque. 2
10
STATE OF MICHIGAN.
Vacancies.
Rights of opinion.
(12) SEC. 37. The legislature may declare the cases in which any office shall be deemed vacant, and also the manner of filling* the vacancy, where no provision is made for that purpose in this constitution.
VACANCIES IN OFFICE : Upon the creation of a new office a vacancy exists, whether the legislature so declares or not, and the legislature may pro- vide for filling it. — People v. Burch, 84 / 408. This section refers only to the mode of filling the vacancy and not to the term of the appointee. — Att'y Gen. v. Trombly 89 / 50 ; People y. Burch, 84 / 408. An appointee to fill vacancy has the same official standing as the officer he succeeds. — Peck v. Berrien Supervisors, 102 / 346. For general statutory provisions as ta vacancies, see section 399.
(13) SEC. 41. The legislature shall not diminish or en- large the civil or political rights, privileges and capacities of any person on account of his opinion or belief concerning matters of religion.
People v. Hurlbut, 24 / 44 ; Pfeiffer v. Bd. of Education, 118 / 560.
Governor and
lieutenant
governor.
Eligibility to office of.
When and how elected.
Writs of elec- tion.
United States officer ineligi-
governor.
ARTICLE V.— EXECUTIVE DEPARTMENT.
(14) SECTION 1. The executive power is vested in a gov- ernor, who shall hold his office for two years. A lieutenant governor shall be chosen for the same term.
(15) SEC. 2. No person shall be eligible to the office of governor or lieutenant governor, who has not been five years a citizen of the United States, and a resident of this State two years next preceding his election; nor shall any perspn be eligible to either office who has not attained the age of thirty years.
Att'y Gen. v. Abbott, 121/560."
(16) SEC. 3. The governor and lieutenant governor shall be elected at the times and places of choosing the members of the legislature. The person having the highest number of votes for governor or lieutenant governor shall be elected. In case two or more persons shall have an equal and the high- est number of votes for governor or lieutenant governor, the legislature shall, by joint vote, choose one of such persons.
(17) SEC. 10. He shall issue writs of election to fill such vacancies as occur in the senate or house of representatives.
(18) SEC. 15. No member of congress, nor any person holding office under the United States, or this State, shall execute the office of governor.
The office of mayor of Detroit is an office "under the state." — Att'y Gen. v. Detroit Com. Council, 112 / 145.
%' t19) SEC. 16. No person elected governor or lieutenant
/ e -• 111 i • •IT
appointment governor shall be eligible to any office or appointment from tu°rmle the legislature, or either house thereof, during the time for
which he was elected. All votes for either of them fqr any
such office shall be void.
Att'y Gen. v. Detroit Com. Council, 112/151.
ELECTION LAWS. 11
ARTICLE VI.— JUDICIAL DEPARTMENT.
(20) SECTION 1. The judicial power Is vested in one su- Judicial preme court, in circuit courts, in probate courts and in jus- power< tices of the peace. Municipal courts of civil and criminal jurisdiction may be established by the legislature in cities.
JUDICIAL POWER DEFINED : The judicial power of courts is generally understood to be the power to "hear and determine" controversies -between adverse parties and questions in litigation. — Daniels v. People, 6 / 381.
JUDICIAL POWER VESTED : Judicial power can be vested only in courts and judicial officers and all 'the judges and judicial officers, without exception, must be elected directly by the people of the state or of their local districts. — Allor v. Wayne Auditors, 43 / 76, 97.
MUNICIPAL COURTS: They are created only for the common judicial business of a municipal tribunal. — Scott v. Judges, 58 / 312. The establish- ment of such courts is germane to the subject matter of acts incorporating cities and of acts revising city charters. — People v. Hurst, 41 / 328 ; Att'y Gen. v. Amos, 60 / 372 ; People v. Pond, 67 / 98. The constitutional jurisdic- tion of the circuit court cannot be interfered with or made subordinate to that of the municipal court. — Jones v. Judge, 35 / 494 ; Heath v. Judge, 37 / 372 ; Allen v. Judge, 37 / 474 ; G. R., N. & L. S. R. R. Co. v. Gray, 38 / 401 ; People v. Hurst, 41 / 328. While municipal courts cannot be considered as inferior courts, yet they are limited in their jurisdiction by the residence of the parties. — G. R., N. & L. S. R. R: Co. v. Gray, 38 / 461 ; Denison v. Smith, 33/155.
See also Nichols v. Judge Sup. Court, Grand Rapids, 130 / 187 ; Fitch v. Bd. of Auditors, 133 / 184 ; Att'y Gen. v. Loomis, D. L. N., Votl. 12, p. 553, and numerous citations on page 91, C. L., 1897.
(21) SEC. 2. For the term of six years and thereafter supreme until the legislature otherwise provide, the judges of the cc several circuit courts shalJ be judges of the supreme court,
four of whom shall constitute a quorum. A concurrence of three shall be necessary to a final decision. After six years the legislature may provide by law for the organization of a supreme court, with the jurisdiction and powers prescribed in this constitution, to consist of one chief justice and three associate justices, to be chosen by the electors of the State. Such supreme court, w^hen so organized, shall not be changed or discontinued by the legislature for eight years thereafter. The judges thereof shall be so classified that but one of them shall go out of office at the. same time. The term of office shall be eight years.
The legislature of 1903 increased the number of justices to eight and made the term of office eight years.
People v. Aud. Gen., 5 / 193 ; Royce v. Goodwin, 22 / 496.
(22) SEC. G. The State shall be divided into judicial cir- judicial cuits, in each of which 1he electors thereof shall elect one arcults- circuit judge, who shall hold his office for the term of six years, and until his successor is elected and qualified. The legislature may provide for the election of more than one cir- cuit judge in the judicial circuit in which the city of De- troit is or may be situated, and in the judicial circuit in which the county of Saginaw is or may be situated, and in
the judicial circuit in which the county of Kent is or may be situated, and in the judicial circuit in which the county of St. Clair is or may be situated. And the circuit judge or judges of such circuits, in addition to the salary provided by the constitution, shall receive from their respective counties such additional salarv as mav from time to time be fixed and
12 STATE OF MICHIGAN.
determined by the board of supervisors of said county. And the board of 'supervisors of each county in the Upper Penin- sula, and in the counties of Bay and Washtenaw and the county of Genesee in the Lower Peninsula, is hereby author- ized and empowered to give and to pay the circuit judge of the judicial circuit to which said county is attached, such ad- ditional salary or compensation as may from time to time be fixed and determined by such board of supervisors. This section as amended shall take effect from the time of its adoption.
Amendment approved by the people at the April election, 1905.
CIRCUIT JUDGES : The constitution does not in terms require that a circuit judge shall reside within his circuit or prevent the election of one who resides elsewhere. — Boyce v. Goodwin, 22 / 496.
Election of (23) SEC. 7. The legislature may alter the limits of cir-
c?rcStsm new cuits or increase the number of the same. No alteration or increase shall have the effect to remove a judge from office. In every additional circuit established, the judge shall be elected by the electors of such circuit, and his term of office shall continue, as provided in this constitution for judges of the circuit court.
Judges ineiigi- (24) SEC. 9. Each of the judges of the circuit courts shall
San°judldai receive a salary, payable quarterly. They shall be ineligible
office. to any other than a judicial office during the term for which
they are elected and for one year thereafter. All votes for
any person elected such judge for any office other than judi-
cial, given either by the legislature or the people, shall be
void.
Judges of pro- (25) SEC. 13. In each of the counties organized for judi- Ofate> l cial purposes, there shall be a court of probate. The judge of such court shall be elected by the electors of the county in which he resides, and shall hold his office for four years, and until his successor is elected and qualified. The jurisdiction, powers, and duties of such court shall be prescribed by law.
PROBATE* JUDGES: The duties performed by probate judges are in no sense services performed for their respective counties and they are in no sense county officers. They exercise a portion of the judicial and prerogative power of the state and cannot be subjected to the direction of any body in- ferior to the legislature. — Douvielle v. Manistee Supervisors, 40/585. But probate judges must reside within the counties for which elected. — Royce v. Goodwin, 22 / 496. Appointment to fill vacancy. — People v. Lord, 9 / 227.
vacancies, (26) SEC. 14. When a vacancy occurs in the office of
judge of the supreme, circuit or probate court, it shall be filled by appointment of the governor, which shall continue until a successor is elected and qualified. When elected, such successor shall hold his office the residue of the unexpired term.
The appointee under this provision holds only until the election of a suc- cessor. — People v. Lord, 9 / 227 ; Lawrence v. Hanley, 84 / 405 ; People v. Burch, 84 / 408 ; Adsit v. Sec'y of State, 84 / 420 ; People v. Palmer, 91 / 283.
commissioners. ^ S]EC' 16' The legislature may provide by law for the election of one or more persons in each organized county, who
ELECTION LAWS. 13
may be vested with judicial powers not exceeding those of a judge of the circuit court at chambers.
CIRCUIT COURT COMMISSIONER : The powers of this officer cannot be conferred upon a city recorder ex officio. — McClintock v. Laing, 19 / 300. Nor upon a notary public. — Chandler v. Nash, 5 / 409. The circuit court com- missioner is a subordinate and assistant to the circuit court rather than an independent judicial officer. — Burger's Case, 39 / 203. As to requirement that he be an attorney at law, see People v. May, 3 / 609. See statutory provisions as to this officer, see section 387.
(28) SEC. 17. There shall be not exceeding four justices Justices of the of the peace in each organized township. They shall be SSnXff1* elected by the electors of the townships, and shall hold their
offices for four years, and until their successors are elected and qualified. At the first election in any township they shall be classified as shall be prescribed by law. A justice elected to fill a vacancy shall hold his office for the residue of the un- expired term. The legislature may increase the number of justices in cities.
FOUR JUSTICES : There has always been, under the constitution, four justices provided by law for each township, and the term of years of the office, and the provision for classification of the terms at the first election tend to support the theory that it was intended by the constitution that there should be four justices in each township ; but the constitution strictly, by its terms, does not provide that there must be four justices in a township, but that there shall be not exceeding four. — Brooks v. Hydorn, 76/273. A justice of the peace is a constitutional officer and cannot be legislated out of office by the reorganization of a municipality or the amendment of a charter. — Gratupp v. Van Epps, 113 / 590 ; see also Att'y Gen. v. Loomis, D. L. N., Vol. 12, p. 553. As to the election of justices in townships, see section 269 of this compilation, also sections 2369-73 of C. L., 1897.
MUST BE ELECTED : The constitution requires all justices to be elected and it is against public policy to have them chosen otherwise except for tem- porary purposes. — Edison v. Almy, 66 / 329 : Brooks v. Hydorn, 76 / 275.
TERM OF OFFICE : See Messenger v. Teagan, 106 / 654 ; Hulbert v. Henry, 105/212.
(29) SEC. 20. The first election of judges of the circuit Circuit judges. courts shall be held on the first Monday in April, one thou- w
sand eight hundred and fifty-one, and every sixth year there- after. Whenever an additional circuit is created, provision shall be made to hold the subsequent election of such addi- tional judge at the regular elections herein provided.
The manifest intent of the constitution is that the judiciary shall be elected. Upon the creation of a new circuit judgeship, a vacancy in office exists, which may be filled provisionally by appointment by the governor, until the next election, general or special. — People v. Burch, 84 / 408. As to the election of circuit judges, see sections 413-420.
(30) SEC. 21. The first election of judges of the probate Jj£g£eo courts shall be held on the Tuesday succeeding the first Mon- elected.6' day of November, one thousand eight hundred and fifty-two,
and every fourth year thereafter.
ARTICLE VII.— ELECTIONS.
(31) SECTION 1. In all elections, every male inhabitant of Qualification this State, being a citizen of the United States, every male Ol inhabitant residing in this State on the twenty-fourth day of June, eighteen hundred thirty-five, every male inhabitant residing in the State on the first day of January, eighteen
14
STATE OF MICHIGAN.
hundred fifty, every male inhabitant of foreign birth who, having resided in the State two years and six months prior to the eighth day of November, eighteen hundred ninety-four, and having declared his intention to become a citizen of the United States two years and six months prior to said last named day, and every civilized male inhabitant of Indian descent, a native of the United States, and not a member of any tribe, shall be an elector and entitled to vote; but no one shall be an elector or entitled to vote at any election unless he shall be above the age of twenty-one years, and has resided in this State six months and in the township or ward in which he offers to vote twenty days next preceding such election: Proviso. Provided, That in time of war, insurrection or rebellion no qualified elector in the actual military service of the United States, or of this State, or in the army or navy thereof, shall be deprived of his vote by reason of his absence from the town- ship, ward or State in which he resides, and the legislature shall have the power, and shall provide the manner in which and the time and place at which such absent electors may vote, and for the canvass and return of their votes to the township or ward election district in which they respectively reside or otherwise.
Amendment approved by the people in 1894.
QUALIFICATION OF ELECTORS : The source of all authority to vote at popular elections is the constitution ; the electorate is constituted by the funda- mental law ; and the qualifications of electors must be uniform throughout the state. — Coffin v. Election Commissioners, 97 / 189 ; Att'y Gen. v. Abbott, 121 / 545. As to uniformity, see also. Att'y Gen. v. Common Council, 58 / 216 ; Maynard v. Canvassers, 84 / 239. The qualifications of voters at school meet- ings have never been identical with those of electors as defined in the con- stitution.— Belles v. Burr, 76 / 1.
TOWNSHIP OR WARD : No one can vote anywhere but in the township or ward where he resides, except as now provided in the case of soldiers. — People v. Blodgett, 13/127. [This is the decision on the "soldiers' voting law" of Feb. 5, 1864, which led to the adoption of the proviso.] — People v. Maynard, 15 / 463 ; Att'y Gen. v. HOlihan, 29 / 116 ; Att'y Gen. v. Common Council, 58 / 213 ; Warren v.' Board of Registration, 72 / 401. For election purposes each ward is made by the constitution equivalent to a township. — • Allor v. Wayne Auditors, 43 / 76. The intention of the voter is an im- portant factor in determining residence. — Harbaugh v. Cicott, 33 / 241, 250.
Votes to be by ballot.
Privilege of electors from arrest.
From military duty.
Residence of electors.
(32) SEC. 2. All votes shall be given by ballot, except for such township officers as may be authorized by law to be otherwise chosen.
BALLOT: People v. Blodgett, 13/143; Belles v. Burr, 76/23; Maynard v. Canvassers, 84 / 234 ; Att'y Gen. v. May, 99 / 547. The object of this provision was to secure the entire independence of the electors, to enable them" to vote according to their own individual convictions of right and duty. — People v. Cicott, 16 / 312. The ballot is a constitutional method which can- not be changed. — Att'y Gen. v. Detroit Com. Council, 58 / 213, 217.
(33) SEC. 3. Every elector, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during his attendance at election, and in going to and return- ing from the same.
(34) SEC. 4. No elector shall be obliged to do militia duty on the day of election, except in time of war or public danger, or attend court as a suitor or witness.
(35) SEC. 5. No elector shall be deemed to have gained or lost a residence by reason of his being employed in the
ELECTION LAWS. 15
service of the United States or of this State; nor while en- gaged in the navigation of the waters of this State or of the United States; or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum at public expense; nor while confined in any public prison, except that honorably discharged soldiers, sailors 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 the State, may acquire a residence where such home is located.
Amendment approved by the people in 1894.
(36) SEC. 6. Laws may be passed to preserve the purity Purity of eiec of elections and guard against abuses of the elective fran- u'
chise.
People v. Blodgett, 13 / 177 ; Att'y Gen. v. Detroit Com. Council, 58 / 215 : Att'y Gen. v. Detroit, 78 / 552 ; Common Council v. Rush, 82 / 537 ; Att'y Gen. v. May. 99 / 547 : Todd v. Election Commissioners, 104 / 474.
REGISTRATION : Registration is imperative and must be complied with before the elector can vote ; and the failure of the board of registration to meet is of no avail to the elector. — People v. Kopplekom, 16 / 342. For the various statutory provisions as to registration, etc., see sections 56-93.
(37) SEC. 7. No soldier, seaman nor marine, in the army soldiers, etc., or navy of the United States, shall be deemed a resident of not resi this State in consequence of being stationed in any military
or naval place within the same.
(38) SEC. 8. Any inhabitant who may hereafter be en- Dueling gaged in a duel, either as principal or accessory before the fact, shall be disqualified from holding any office under the •constitution and laws of this State and shall not be per- mitted to vote at anv election.
ARTICLE VIII.— STATE OFFICERS.
(39) SECTION 1. There shall be elected at each general state officers biennial election a secretary of state, a superintendent of tc public instruction, a state treasurer, a commissioner of the
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 and shall perform such duties as may be prescribed by law.
As to extra compensation for duties performed by certain officers, see Warner v. Aud. Gen., 129 / 648.
(40) SEC. 2. Their term of office shall commence on the Term of office, first day of January, one thousand eight hundred and fifty- three, .and of every second year thereafter.
See Hunt v.*Buhrer, 133/114.
(41) SEC. 4. The secretary of state, state treasurer, and Board of state commissioner of the state land office shall constitute a board auditors-
of state auditors to examine and adjust all claims against the
16
STATE OF MICHIGAN.
To be state canvassers.
State, not otherwise provided for by general law. They shall constitute a board of state canvassers, to determine the result of all elections for governor, lieutenant governor, and State officers, and of such other officers as shall by law be referred to them.
STATE CANVASSERS : The determination of this board is subject to no re- view except as provided in the next section. — People 'v. Cicott, 16/301; Royco v. Goodwin, 22 / 501 : Ayres v. State Auditors, 42 / 427 : Newton v. Can- vassers, 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 section 173 and notes. See Warner v. Aud. Gen., 129 / 650.
i? ^atureatoie' ^^ ^EC' ^' "^n case ^wo OY more Persons have an equal mfkeacholce0 and the highest number of votes for any office, as canvassed by the board of state canvassers, the legislature in joint con- vention, 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.
See cases cited under preceding section.
ARTICLE X.— COUNTIES.
yoteofeiec- (43) SEC. 2. No organized county shall ever be reduced
tors on divi- . . -i • i - • > • i j i • ,
sion of county, by the organization of new counties to less than sixteen townships as surveyed by the United States, unless in pur- suance of law a majority of electors residing in each county to be affected thereby shall so decide. The legislature may organize any city into a separate county, when it has attained a population of twenty thousand inhabitants, without refer- ence to geographical extent, when a majority of the electors of a county in which such city may be situated, voting there- on, shall be in favor of a separate organization.
(44) SEC. 3. In each organized county there shall be a sheriff, a county clerk, a county treasurer, a register of deeds and a prosecuting attorney, chosen by the electors . thereof , once in two years, and as often as vacancies shall happen, whose duties and powers shall be prescribed by law. The board of supervisors in any county may unite the offices of county clerk and register of deeds in one office, or disconnect the same.
A county may exist without officers. — Carleton v. People, 10 / 250. Officers are to be chosen by the electors of the county. — People v. Maynard, 15 / 463. In case of a tie vote. — Keeler v. Robertson, 27 / 116. Vacancies in offices upon organization of a new county, how filled. — Att'y Gen. v. Weimer, 59 / 580. The prosecuting attorney must be an attorney at law. — People v. May, 3/598; Att'y Gen. v. Abbott, 121/541.
County offi- cers, elec- tion of.
Sheriff to hold no other office.
To give security.
(45) SEC. 5. The sheriff shall hold no other office, and shall be incapable of holding the office of sheriff longer than four in any period of six years. He may be required by law to renew his security from time to time, and in default
ELECTION LAWS. 17
of giving such security, his office shall be deemed vacant. The county not county shall never be^ responsible for his acts.
Dunphy v. Whipplc, 25 / 10. Upon the expiration of this constitutional limi- tation of the tenure of the ofhce of sheriff, the under-sheriff and all the deputies go out of office with their principal. — Lamoreaux v. Att'y Gen., 89 / 146.
ARTICLE XL—TOWNSHIPS.
(46) SECTION 1. There shall be elected annually, on the Township offi- first Monday of April, in each organized township, one super- efecte5hen visor, one township clerk, who shall be ex officio school in- spector, one commissioner of highways, one township treas- urer, one school inspector, not exceeding four constables, and one overseer of highways for each highway district, whose powers and duties shall be prescribed by law.
ORGANIZED TOWNSHIP : Townships, in which electors cau lawfully vote and whose supervisors conjointly may exercise the legislative and adminis- trative powers of the corporations, are necessary subdivisions of the county. A county cannot be organized without the existence of townships, and there must be more than one township. — People v. Maynard, 15 / 463. A new town- ship, organized without special conditions, becomes a "township" within the meaning of the constitution and laws, clothed with the same rights and powers and » subject to the same duties as belong to new townships gen- erally. It becomes severed from the school district organization in which it was formerly embraced. — People v. Ryan, 19 / 203. There is nothing to indi- cate that it was intended to embrace organized and incorporated cities and vi'lages within the term ''organized townships." — White v. Supervisors, 105 / 612.
ELECTIONS : The townships in which elections are held must be organized townships. — People v. Maynard, 15 / 463.
TOWNSHIP OFFICERS' FUNCTIONS : The functions of township officers, who are continued by constitutional enactment, are as clearly within the con- templation and protection of the constitution as are the officers themselves, and the legislature has no more power to deprive those officers of their authority and confer that authority upon officers not of local selection, than it has to abolish the offices. — Davies v. Supervisors, 89 / 295.
SUPERVISORS : These officers, who may constitute a county board, are necessary to the organization of a county. — People v. Maynard, 15 / 463. The effect of this section, construed with sec. 7 of art. x, 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 represen- tation therein. — Att'y Gen. v. Preston, 56 / 177. For the distinction 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.
SCHOOL INSPECTOR : People v. Ryan, 19 / 203 ; Donough v. Dewey, 82 / 309 ; Pingree v. Board of Education, 99 / 404. .
CONSTABLES : No municipal corporation ever existed here or in England without constables or officers answering to constables. They are here and always have been the local peace officers of their vicinage, the ministerial offi- cers of justices of the peace and the bailiffs of courts of record of criminal jurisdiction in the county. — Allor v. Wayne Auditors, 43 / 76, 102.
ARTICLE XIII. — EDUCATION.
(47) SEC. G. There shall be elected in the year eight- Rege^of the een hundred and sixty -three, at the time of the election of a election of. justice of the supreme court, eight regents of the university, two of whom shall hold their office for two years, two for four years, two for six years, and two for eight years. They shall enter upon the duties of their office on the first of January next succeeding their election. At every regular election of a 3
18
STATE OF MICHIGAN.
justice of the supreme court thereafter there shall be elected two regents whose term of office shall be eight years. When a vacancy shall occur in the office of regent, it shall be filled by appointment of the governor. The regents thus elected shall constitute the board of regents of the University of Michigan.
Am. 1862.
Election of regents, see sections 421-424.
Board of edu- (48) SEC. 9. There -shall be elected at the general elec- tionoL tion in the year one thousand eight hundred and fifty-two,
three members of a state board of education : One for two years, one for four years, and one for six years ; and at each succeeding biennial election there shall be elected one member of such board, who shall hold his office for six years. The superintendent of public instruction shall be ex officio a mem- ber and secretary of such board. The board shall have the general supervision of the State Normal School, and their duties shall be prescribed by law.
Eiectioniof
ARTICLE XV.— CORPORATIONS.
(49) SEC. 14. Judicial officers of cities and villages shall be elected and all other officers shall be elected or ap- pointed at such time and in such manner as the legislature may direct.
Belles v. Burr, 76 / 23 ; Coffin v. Elec. Com'rs, 97 / 190 ; Pingree v. Board of Ed., 99 / 407 : White v. Supervisors, 105 / 613. The legislature cannot ap- point the local officers of cities and villages. — People v. Hurlbut, 24 / 44 ; Att'y Gen. v. Lothrop, 24 / 235. Jury Commissioners are not judicial officers. — People v. Reilly, 53 / 260. Continuing in office, under a new act, a police judge elected under an old act repealed does not confer a judicial office by legislation, but simply abstains from legislating him out of office. — Coon v. Att'y Gen., 42/65. The duties of the Detroit Board of Health are not purely municipal and hence its members may be appointed by the governor. — Davock v. Moore, 105 / 128. Provisional appointment of superintendent of public works by the governor, is void as an invasion of the right of local self-govern- ment. — Moreland v. Millen, 126 / 382. This section does not mean appoint- ment by the legislature, but by the local authorities. — Att'y Gen. v. Lowrey, 131 / 654.
ARTICLE XVIII.— MISCELLANEOUS PROVISIONS.
Oath of office. (50) SECTION 1. Members of the legislature, and all offi- cers, executive and judicial, except such officers as may by law be exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the constitution of the United States and the con- stitution of this State, and that I will faithfully discharge the duties of the office of - - according to the best of my
ability." And no other oath, declaration or test shall be re- quired as a qualification for any office or public trust.
OFFICER : The term officer can be taken to refer to only such officers as have some degree of permanence and are not created by a temporary nomina- tion for a single and transient purpose. — Underwood v. McDuffee, 15 / 361 ; Shurbun v. Hooper, 40 / 505.
ELECTION LAWS. 19
OATH : The oath required is the oath of allegiance to the United States and to the state and to perform faithfully the duties of the office. — Underwood v. McDuffee, 15 / 361. See also, People v. Salsbury, 134 / 549.
ARTICLE XIX.— UPPER PENINSULA. *
(51) SEC. 6. That elections for all district or county officers, state senators or representatives, within the bound- aries defined in this article, shall take place on the Tuesday succeeding the first Monday of November in the respective years in which they may be required. The county canvass shall ^Strict Sn- be held on the first Monday thereafter, and the district can- vass. vass on the third Monday of said November.
Am. 1862.
As originally adopted this section provided for elections in the upper penin- sula on the last Tuesday in September ; for a county canvass on the first Tuesday in October and for a district canvass on the last Tuesday of October.
ARTICLE XX.— AMENDMENT AND REVISION OF THE CONSTITUTION.
(52) SECTION 1. Anv amendment or amendments to this Amendment to
..... , , . ., constitution,
constitution may be proposed in the senate or house of repre- how made, sentatives. If the same shall be agreed to by two-thirds of the members elected to each house, such amendment or amendments shall be entered on the journals respectively, with the yeas and nays taken thereon, and the same shall be submitted to the electors at the next spring or autumn elec- tion thereafter, as the legislature shall direct, and if a major- ity 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.
Amendment proposed by J. R. 29 of 1875 and ratified at the election of 1876. The amendment consisted in striking out "general" before "election," and inserting "spring or autumn" in lieu thereof ; and inserting "as the legis- lature shall direct." The meaning of "general election" was confined to the biennial November election for state officers. — Westinghausen v. People, 44 / 265.
Under this section as it now stands, amendments to the constitution take effect from the time of their ratification by the people. — Mining Co. v. Osmun, 82 / 573. See Rich v. Board of Canvassers, 100 / 459 ; Peck v. Supervisors, 102 / 355.
PUBLICITY OF CONSTITUTIONAL AMENDMENTS : For an act to secure greater publicity for proposed amendments, see sections 536-7, infra.
(53) SEC. 2. At the general election to be held in the Revision of
-i-iJij-i a «_i • -i • i the constitu-
year one thousand eight hundred and sixty-six, and in each tion. sixteenth year thereafter, and also at such other times as the legislature may b}' law provide, the question of the general revision of the constitution shall be submitted to the electors qualified to vote for members of the legislature, and in case a majority of the electors so qualified voting at such election, shall decide in favor of a convention for such purpose, the legislature, at the next session, shall provide by law for the election of such delegates to such convention. All the amend- ments shall take effect at the commencement of the year after their adoption.
Am. 1862.
The amendment consisted in striking out the word "political," before the word "year," where it last occurs.
20
STATE OF MICHIGAN.
THE SCHEDULE— WHEN OFFICIAL .TERMS BEGIN.
office8 when (^ SECTION 28. The terms of office of all State and to begin. ei county officers, of the circuit judges, members of the board of education, and members of the legislature shall begin on the first day of January next succeeding their election.
As to right of legislature to extend term of office of an incumbent, see Hunt T. Buhrer, 133 / 107.
Annual town- ship meeting.
General elec- tion.
ELECTIONS DEFINED.
[Extract from Ch. 1, R. S. 1846.]
(55) § 50. SEC. 3. Sub. Div. 4. The words "annual meeting," when applied to townships, shall be construed to mean the annual meeting required by law to be held in the month of April.
Sub. Div. 19. The words "general election," shall be con- strued to mean the election required by law to be held in
the month of November.
%
GENERAL ELECTION : The general election is ,not a township meeting in any legal sense. — People v. Knight, 13 / 426. Under the constitution there was only one election which was ever referred to as a general election, ahd that the term was used as identical with the November election, which was previously annual, and thereby made biennial. That was the only election held simultaneously throughout all the state for officers to represent the whole State. — Westinghausen v. People, 44 / 269. And it is hardly necessary to say that subsequent legislation could not change the meaning or effect of any part of the constitution.— Id 270. The only foundation for any notion that the spring elections can serve the purpose of the general election men- tioned in the constitution is that in organizing the present supreme court in 1857, the statute declared that a "general election'' should be held on the first Monday in April every second year for the election of judges. Of course, the legislature can make their own definitions for statutory purposes, but this would not change the constitutional definition or make it apply to any election not within the constitutional contemplation. — Id. 271. The language of Art. 20 of the constitution 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 office of judge of probate, can have no other meaning than the biennial election held in November, and an election at any other time to that office must be regarded as a special election. — People v. Palmer, 91 / 283. The term "general election" must be held to mean the November, and not the April election, unless inconsistent with the manifest intent of the legislature. — Edgar v. Election Commissioners, 118 / 418.
CHAPTER II.— REGISTRATION OF ELECTORS.
tration.
An Act further to preserve the purity of elections, and guard against the abuse of the elective franchise, by a registration of electors.
[Act 177, S. L. 1859.]
The People of the State of Michigan enact:
(56) § 3536. SECTION 1. That there shall be, in the year one thousand eight hundred and fifty-nine, a registration of the qualified electors of the State. The aldermen of every incorporated city, and the supervisor, treasurer, and clerk of
ELECTION LAWS. 21
every township, shall constitute a board of registration for such city or township, and their duties, shall be as follows: They shall respectively provide suitable bound books or reg- Bpard to pro- isters, one for each township and one for each ward, so made registers.1*8 and arranged as to contain an alphabetical list of the re- JJ°W arrangedt spective names, Christian or baptismal, and surnames, in full, of all persons declared by the constitution of the State to be electors and entitled to vote, residing in their townships or wards, and the date of the registration ; and, if the elector re- sides in a city or incorporated village, also his residence by „ the number of the dwelling and the name of the street, if any, and if none, a description of the locality of the same.
REGISTRATION NECESSARY: This act is grounded upon the same article of the constitution which gives the right to vote and is imperative ; 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, rattier than to subvert and impede, the exercise of the right to vote. — Att'y Gen. v. Detroit, 78/553.
REGISTRATION IN CITIES.
(57) §3537. SEC. 2. Each city board shall, at least city boards to two weeks previous to the time of their meeting in each ward, ffSting^of cause to be published in one or more newspapers printed and j^SSon reg" published in such city, a notice that the board of registration will meet on the first Monday of October, in the year one Time and thousand eight hundred and fifty-nine, at nine o'clock in the K forenoon, to make a perfect list, as near as may be, of all per- nated. 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 Handbills to cause handbills to be posted in at least twenty conspicuous b( places in each ward, containing a similar notice of the time and place of such meeting of the board for that ward ; which what notice notice shall also contain a true copy of section one of article to contain. seven of the constitution, relative to the qualifications of elec- tors. And the board may so divide and classify themselves Board may 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 inability or re- asto vacan- fusal to serve at the session in any ward, the board shall, in cies- writing, under the hand of their chairman, immediately ap- point the assessor of the ward, or any justice of the peace, to act in his stead, who shall be, for the purpose of registration in that ward, deemed a member of the board of registration. They shall continue in session not less than three nor more ^ngth of than five days in each ward. All necessary blanks and in- Expenses, structions to aid the board in the discharge of their duties, how paid- and all other expenses in performing the same, including the employment of printers for printing such notices, and the
22
STATE OF MICHIGAN.
Duty of boards of registration.
Sessions to be public.
Registration, how made.
registry lists, shall be provided by the board and be paid for by the city.
(58) § 3538. SEC. 3. At the time and place mentioned in such notice, the board, or those members thereof so classi- fied and assigned for that ward, shall meet and proceed to the registration in such book, which book shall be called the "Register of Electors" for such ward, of the names of persons at the time residing in such ward, and so qualified as follows, to wit: Their sessions shall be public, and during the first two days thereof they shall not write in the register the name of any person without a request made by him personally and in their presence; but shall allow him, if able and willing so to do, to write his own name therein in the proper place. In case of such request, the name of the elector shall be plainly written by a member of the board, who shall also note his residence as required by section one of this act. After the first two days of the session it shall be the duty of such board to proceed to complete the list, by writing in such reg- ister 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 residing in the ward, whose name has not already been en- tered 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 election, charter election, or township meeting, to be returned to the proper keeper at the close of the session, and all such entries shall be made with ink. The board, at every session, shall have power, and it shall be their duty, to question every person presenting himself for registration, touching his resi- dence and other qualifications as an elector of the ward; and it shall be the duty of the applicant to make truthful answers to all such questions, and the board may, for the more per- fect examination of the applicant, swear and employ an in- terpreter, truly and impartially to interpret all such ques- tions and answers, and if the applicant shall, in his answers, make any material statement which is false, he shall, upon conviction thereof, pay a fine of not more than one hundred nor less than five dollars, and be imprisoned in the county jail not more than thirty nor less than five days.
Board may question and require appli- cant to make oath.
Penalty for making false statement.
BOARD OP REGISTRATION : Their duty as to the mode of determining the qualification of voters. When a person applies to the board of registration for the purpose of having his name registered as a voter, and offers to be sworn as to his qualifications, it is the duty of the board to examine such person upon his oath. They have no right to reject him on mere inspection. Where the return made by respondents denies that the relator was entitled to be registered as a voter, an issue will be directed to determine the fact. — People v. Board of Registration of Nankin, 15/157. Where a person appears before the ward board of registration and claims to be registered, the board are bound to examine him under oath and hear testimony offered by him. They have no right to pass upon the question of his legal right by mere personal inspection. — People v. Board of Registration, 17 / 427.
ELECTION LAWS. 23
(59) § 3539. SEC. 4. The name of no person but an what persons actual resident of the ward at the time of the registration, J^^tion. to and entitled, under the constitution, if remaining such resi- dent, to vote at the then next general or charter election, shall be entered in the register. Neither the board, nor any member thereof, shall write or enter in the register the name of any person, nor suffer him to write or enter his name there- in, whom they know, or have good reason to believe, not to be such resident and so qualified; nor shall any person knowing or having good reason to believe himself not to be such resi- dent and so qualified, write his name therein, or cause it to be done ; and every person so offending shall, upon conviction, Penalty for be punished for each offense by a fine of not more than five registration. hundred nor less than twenty-five dollars, and be imprisoned in the county jail not more than ninety nor less than ten days. *
RESIDENCE : The general act for the incorporation of cities of the fourth class provides that "the residence of any elector, not being a householder, shall be deemed to be in the ward or election district in which is located his regular place of lodging." See section 450. Charters of other cities gen- erally contain special provisions of a similar nature. See residence or domi- cile defined in Appeal of Rue High, 2 Doug. 523. The intention of the elector is one of the most important inquiries involved in the question of residence. A man may have a residence in one place, although his family may be living elsewhere, if such is his intention. — Harbaugh v. Cicott, 33 / 252. See further, as to intention, Warren v. Registration Board, 72 / 402 ; Beecher v. Com. Council, 114 / 228. As to students, persons in the public service, sailors and inmates of asylums, etc., see section 35. See, as to where the elector must vote, notes to section 31. As to change of elector's residence by altera- tion of boundaries of representative districts, see notes to section 4.
REGISTRATION IN CITIES AFTER 1859.
(60) § 3540. SEC. 5. The board of registration provided whenregis- for in this act shall convene and meet for the registration of toameetb°£ electors on the third Tuesday and Wednesday preceding any general fall election, and on the third Tuesday and Wednes- day preceding any general spring, charter or special election. The board of registration of the city, to be constituted as when to be in 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 provided, from seven o'clock in the forenoon until eight o'clock in the afternoon, for the pur- pose of completing the lists of the qualified voters; during wThich session it shall be the right of each and every person then actually residing in the ward, and who, at the then next approaching election, may be a qualified elector, and whose name is not already registered, to have his name entered in the register, which shall be done in the manner above de- scribed ; and such boards, and each member thereof, and each applicant for registration, is hereby vested and charged with the same rights, powers, duties and penal liabilities, touch- ing the examination of applicants, as hereinbefore provided: Provided, That the provisions of this amendment shall not Provisos to be applied to electors in the city of Detroit, nor to any cities Sou.0 to which any other registration law may apply.
Am. 1901, Act 32.
As to Detroit, see sections 3573-8, 3580-81. C. L., 1897.
The laws to regulate elections, and to preserve their purity, and to guard
24
STATE OF MICHIGAN.
against abuses to the elective franchise, must be reasonable, uniform and im- partial, and must be calculated to facilitate and secure, rather than to subvert nnd impede, the exercise of the right to vote. — Attorney General v. Detroit. 78 / 546. No registry law is valid which deprives an elector of his constitu- tional right to vote by any regulation with which it is impossible for him to comply. — Id. Requirements which compel a naturalized elector to produce his certificate, or show by evidence other than his own oath that such certifi- cate was issued, make an unfair and unnecessary distinction between native born and naturalized electors. — Id.
QUALIFIED ELECTORS : See section 31 and notes thereto.
Notice to be given.
What notice shall contain.
Duty of inspects of election.
(61) § 3541. SEC. 6. At least two weeks previous to the commencement of any such session, the board, at the ex- pense of the city, shall cause a notice thereof to be printed and published in one or more newspapers in such city, desig- nating 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 shall also contain a true copy of the list of names then ap- pearing in the register for the ward. And immediately after the close of the polls of such election, the clerk of the board of inspectors of that election, and before the counting of the votes, shall, under the direction and by the assistance of the inspectors, insert and write upon or attach to such printed handbill, all the names of electors appearing on the register and not on such handbill, so that such handbill so corrected shall be a true copy of the list then appearing in such reg- ister, and shall, with the inspectors, or a majority of them, certify and sign such copy, and file the same in the office of the county clerk, who shall carefully keep and preserve the same, and the same shall be evidence, prima facie, of the or- iginal; and in case of the loss or destruction of the original, the same, or a certified copy thereof, shall be used in its stead.
The law requires the registration and poll lists to be preserved and filed. They are, therefore, public records and admissible as evidence of the facts therein stated. — Att'y Gen. v. May, 97 / 574.
List of regis- tration to be filed with the city clerk.
List to be given to inspectors of election.
Names may be registered on the day of election.
(62) § 3542. SEC. 7. At the close of their sessions, the board, or the members wrho made the registration in the par- ticular ward, shall sign the list, adding the date of their sig- nature, and shall immediately deposit the same for safe keep- ing with the city clerk, who shall carefully preserve the same in his office until delivered as hereinafter provided.
(63) § 3543. SEC. 8. At any such general, special or charter election in the city, and as soon, at least, as the poll in each ward is opened, the city clerk shall cause the proper register to be placed in the hands of the inspectors of election, to be used by them during the same, and returned to the city clerk immediately thereafter; and they shall not receive the vote of any person whose name is not written therein. But if any person shall offer and claim to vote at such elec- tion, whose name is not 3i> registered, his name may be reg- istered by the clerk of the election, under the direction of the inspectors, upon the same terms and conditions hereinafter prescribed for the like cases arising at elections in town- ships, substituting ward for township; and both the appli-
ELECTION LAWS. 25
cant and the qualified elector shall be subject to the same penalties prescribed in cases so arising.
The object of a registry law, or of any law to preserve the purity of the ballot box, and to guard against abuses to the elective franchise, is not to prevent any qualified elector from voting, or unnecessarily to hinder or impair his privilege. — Att'y Gen. v. Detroit, 78 / 546. A registration law is unreason- able which contains no provision by which an elector who is sick on the days fixed for registration can vote on election day. — Id. No elector can lose his right to vote, the highest exercise of the freeman's will, except by his own fault or negligence. — Id. In order to prevent fraud at the ballot box, it is proper and legal that all needful rules and regulations be made to that end ; but it is not necessary that such rules and regulations shall be so unreason- able and restrictive as to exclude a large number of legal voters from exer- cising their franchise. The power of the legislature in such cases is limited to laws, regulating the enjoyment of the right, by facilitating its lawful exercise, and by preventing its abuse. The right to vote must not be im- paired by the regulation. It must be regulation, not destruction. — Id.
REGISTRATION IN TOWNSHIPS.
(64) § 3544. SEC. 9. It shall be the duty of the board
of registration in each township, to wit : The supervisor, who to constl- treasurer and clerk thereof, and in case of the absence of ll any of them, or his inability to serve, the justice of the peace not holding the office of supervisor or town clerk, whose term of office will first expire, to provide, at the expense of the township, the like book for their township for the purposes of the like registration of the qualified electors thereof, to be arranged in the same manner, save that in cases where the elector does not reside within the limits of an incorporated village, a description of his residence may be omitted ; but in case he resides within such limits and in the township, a description of his residence by the street, and the number of the dwelling, or other brief but intelligible method; and the names of such resident electors of the village, shall be written ' in said register in a list separate and distinct from those of other electors of the township, so as to exhibit a correct reg- istration for the village; which list shall be called the village election register.
QUALIFIED ELECTORS : See section 31 and notes thereto. When a per- son is registered in a ward or precinct, he is presumed to be a legal voter there. — Harbaugh v. Cicott, 33 / 250.
REGISTRATION IN TOWNSHIPS IN 1859.
(65) § 3545. SEC. 10. At the annual meeting of each township, on the first Monday of April, in the year one thou- tiona sand eight hundred and fifty-nine, the township treasurer shall, at a place as near as practicable to that of the meeting, and of convenient access to the electors, have said book or register in readiness for the entry of their names, and each qualified elector residing in the township may then write his name at length in the proper place in said register, if able and willing to do so, or the treasurer shall, upon request made
in his presence by the elector, personally, write the name -of such elector in its proper place. And in all cases under this Board to have act the board, or the members thereof, receiving or making sfipSpoS ifst?S 4
26
STATE OF MICHIGAN.
Supervisors to register names while making assessment.
Register to be deposited with township clerk.
Registration after 1859, how made.
the entry of a name, shall note or cause to be noted the day and year thereof. During such township meeting, and during all future sessions of the board, the township poll list of the next preceding general election or township meeting, shall be before him or them for their better information in making the registration, to be returned to the clerk at the close of the meeting or the session. The supervisor or otfoer person or persons charged by law with the assessment of property in the township for the purpose of State taxation, shall, while making such assessment, and in connection with the performance of that duty, in the year one thousand eight hundred and fifty-nine, have with him the said register, and shall allow each qualified elector residing in the township whose name has not been entered therein, to write the same, or shall himself, at the like personal request of the elector, write the same therein at the proper place, and shall, after completing his valuation of property, and on or before the first day fixed by law for reviewing his assessment, deposit said register with the township clerk, who shail carefully keep and preserve the same in his office.
(66) § 3546. SEC. 11. After the year one thousand eight hundred and fifty-nine, it shall be the right of any such qualified elector residing in the township, and entitled to vote at the next election therein, and whose name has not been registered, on any day except Sunday, the days of the session of the board of registration, and the days intervening between them and the next approaching election, to 'apply to the supervisor, township treasurer, or township clerk, in per- son, for the registration of his name, and if, upon such ex- amination, as is required by the next following section of this act, the supervisor, treasurer or clerk shall be satisfied that such applicant is a resident of the township, and otherwise qualified and entitled to vote in such township at the next election to be held therein, the name of such applicant shall be written, either by himself or by the supervisor, treasurer or clerk, upon a separate paper to be kept by the supervisor, treasurer or clerk, his residence described, and the date of the entry noted, as required in the two last preceding sections, which paper shall be laid before the board of registration of each township, at its next meeting for examination and re- view, and the names of such persons appearing thereon as the board shall be of opinion are qualified electors at the then next election, and entitled to vote thereat, may, by some mem- ber of the board, and under their direction, be entered in a proper register, in the manner above set forth, and every applicant to the supervisor, treasurer or clerk, so causing his name to be entered upon such separate paper, knowing or having good reason to believe himself not to be such resident and qualified to vote in such township at the then next elec- tion, shall, upon conviction thereof, be punished by fine and
Penalty for
fraudulent
registration.
ELECTION LAWS. 27
imprisonment, as provided in the thirteenth section of this act.
REGISTRATION IN TOWNSHIPS AFTER 1859.
(67) § 3547. SEC. 12. On the Saturday next preceding sessions of the general election, and the annual township meeting, and Jetton? preceding any special election, after the year one ^thousand held- eight hundred and fifty-nine, the board of registration of each township shall be in session at the office of the township
clerk, from nine o'clock in the forenoon until five o'clock in the afternoon, for the purpose of completing the list of quali- fied electors; during which session it shall be the right of each and every person 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 Their powers the power, and it shall be their duty, and the duty of the ar 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 qualifica- tions as an elector of the township, and it shall be the duty of the applicant to make truthful answers to all such ques- tions. And the board, supervisor, clerk or treasurer, as the case may be, may, for the more perfect examination of the applicant, swear and employ an interpreter, truly and im- partiallv to interpret such questions and "answers. And if Penalty for
. , false state- any such applicant shall, in his answers, make any material ment.
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 imprisoned in the county jail not more than thirty nor less lhan five days.
See People v. Bd. of Registration, 17 / 428 ; People v. Bd. of Registration, 15 / 156.
(68) § 3548. SEC. 13. The name of no person but an who not en- actual resident of the township at the date of the registration, S2tion.° r and entitled, under the constitution, if remaining such resi- dent, to vote at the then next election or township meeting,
shall be entered in the register. Neither the board, nor any member thereof, shall write or enter therein the name of any person, nor suffer him to write or enter his name therein, whom they know or have good reason to believe not to be such resident ajid so qualified ; nor shall any person, knowing or having good reason to believe himself not to be such resi- dent and so qualified, write his name therein; and every per- Penalty 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 31 and notes thereto. RESIDENCE : See note to section 59.
28
STATE OF MICHIGAN.
Township clerk to deliver register to in- "spectors on day of elec- tion.
Names may be registered on election day.
Conditions of such registra- tion.
Penalty.
Vote may be challenged.
(69) § 3549. SEC. 14. At such election or township meeting, and as soon, at least, as the poll is opened, the town- ship clerk shall cause the register to be placed in the hands of the inspectors of the «3lection, to be used by them during the election, and to be returned to the clerk immediately there- after; and they shall not receive the vote of any person whose name is not written therein. But in case any person shall offer ancP claim the right to vote whose name is not so regis- tered, his name may then be registered by the clerk, under the direction of the inspectors, upon the terms and conditions following: One of the inspectors shall administer to him an oath in the following form, viz. : You do solemnly swear that you will true answers make to such questions as shall be asked you touching your qualifications as an elector at this poll, so help you God; or an affirmation to the same effect, which oath or affirmation, if he be unable to understand the English language, may be interpreted to him by an inspector, or interpreter sworn by an inspector, which interpreter shall also interpret his answers to the inspectors. If, in his answers on oath, he shall state positively that he has resided in the township ten days next preceding said election, designating, particularly, the place of his residence, and that he possesses the other qualifications of an elector under the constitution, stating such qualifications; and shall, furthermore, swear that, owing to the sickness or bodily infirmity of himself, or of some near relative residing in the same household (giving the name of said relative), or owing to his absence from the township on public or official business, or his own business, and without intent to avoid or delay his registration, during the then last session of the board, he has been prevented from causing his name to be previously registered; and if, further- more, some qualified elector of the township, and not a candi- date 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 applicant, that he has in fact resided in the township ten days previous to such election, and that he, the freeholder [qualified elector], has good reason to believe, :ind does believe, that all the state- ments 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 applicant or such qualified elector shall, in said matter, wilfully make any false statement, he shall be deemed guilty of perjury, and, on conviction, be subject to the pains and penalties thereof.
TEN DAYS : Now twenty. See section 31.
REGISTRATION ON ELECTION DAY : Where a person applies for regis- tration on election day, the inspectors act upon discretion and are not com- pelled to admit a vote, unless satisfied of its legality. (Per Campbell, J.) — People v. Cicott, 16 / 302. If an elector is unable to attend the meetings of the board for certain specified reasons, he may be registered on election day upon taking the prescribed oath. — Att'y Gen. v. McQuade, 94/441.
(70) § 3550. SEC. 15. Any person offering to vote at any such election, in a city, township or village, whose name
ELECTION LAWS. 29
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 elector to challenge any person offering to vote, nor the effect of such challenge, as now established by law, or as such right and such effect may hereafter be established: Provided, how- Proviso, ever. That the vote of no person shall be received whose name is not so registered.
(71) § 3551. SEC. 16. Any person knowing that his Penalty for u- name is not so registered, who shall vote or offer to vote at egal
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.
(72) § 3552. SEC. 17. The name of no person shall be Actual wd- registered in any township or ward where he does not actually tionCofaregis- " reside at the time of the registration ; and every person who tratlon- shall wilfully register, or cause or procure, by enticements or
other means, the name of any person to be registered con- trary to the provisions of this act,' shall, upon conviction of Penalty, any such offense, be also punished as above provided in sec- tion thirteen of this act.
DEATH AND REMOVAL OF ELECTORS.
(73) § 3561. SEC. 18. At every session of the board of Boaxd^to re- registration of any township or ward, after the year one thou- correcAists. sand eight hundred and fifty-nine, it shall be their duty to review the list of names in their register, and if it shall have come to their knowledge that any person, whose name has been registered, has died, or has removed therefrom, and ceased to reside therein, they shall place the letter "D" against the name of the deceased person, and the letter "R" against the name of the person who has so removed, with the date of the entry and the initials of the member making it, so as to show by whom and when made, and thereafter such name shall be considered and treated as no longer on the list, and shall be omitted in the copies above provided for. But Provisions for if it shall happen that such entry was erroneously made, and such person shall thereafter appear at any election and claim the right to vote thereat, his name may, on his application, be again registered but upon the following terms : He shall, conditions, upon his oath or affirmation, which any member of the board
30
STATE OF MICHIGAN.
Penalty.
Penalty for false entry.
Copy of regis- ter furnished by township clerk.
of inspectors or the board of registration may administer, de- clare that he has not removed from, but is still a resident of the township or ward, and is otherwise a qualified elector and entitled to vote; and on making such oath or affirmation, his name may be registered in the manner above described, either by the board of registration or the board of inspectors; and if such applicant shall swear or affirm falsely, he shall be sub- ject to the pains and penalties of perjury. But in case such entry shall be made falsely, maliciously and without credible information, the member of the board making it shall be deemed guilty of a misdemeanor, and punished as such, and the party aggrieved shall be entitled to recover of him in an action on the case, treble damages for the injury, and treble costs of suit in any court having jurisdiction of the cause, and the record of the defendant's conviction of the criminal offense, duly authenticated, shall be prima facie evidence of his liabilitv.
(74.) f 3562. SEC. 19. It shall be the duty of any city or township clerk, except during the session of the board, or on days of election, on the demand of any qualified elector of the ward in such city, or of such township, on payment or tender of his legal fees, to make out, certify, and at his office deliver to such elector a 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.
(75) § 3563. SEC. 20. Whoever shall wilfully cut, burn, mutilate or destroy any such register of electors, or copy thereof filed for preservation, or ghall unlawfully take and carry away the same, or unlawfully conceal or refuse or neglect to surrender the same, with intent to prevent its being used as authorized by law, shall be deemed guilty of larceny ; and whoever shall falsify any such register or copy by unlaw- fully erasing or obliterating any name or entry lawfully made Therein, or by unlawfully inserting therein any 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 the person so offending shall, for every such offense, be punished by imprisonment in the State Prison not more than five years, or by fine not exceeding five hundred dollars and imprisonment in the county jail not more than one year nor less than ninety days.
(76) § 3564. SEC. 21. To the end that the contents of such registers may not be lost, it shall be the duty of every township clerk, within twenty days after each general elec- tion, to make, certify, and transmit to the county clerk of the proper 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 preserved in his office; for which, when received, he shall give such township clerk a receipt;
Destroyer, etc., of regis- ter, guilty of larceny.
Falsifier, etc., of regis- ter, guilty of forgery.
Penalty.
Township clerk to file copies of regis- ter with county clerk and township treasurer.
ELECTION LAWS. 31
and such township clerk shall be entitled to receive therefor, Fees.
from the township, at the rate of fifty cents for every one
hundred names. And such copv, or a copy thereof, certified certified copy
, , Vv . to be evidence.
by the county clerk or township treasurer, shall be prima facie evidence of the contents of the original, and in case of the^ loss or destruction of the original, shall be used in its stead.
VILLAGE ELECTIONS.
(77) § 3565. SEC. 22. Whenever any village shall be set off, organized, or incorporated, by act of the legislature, or by the board of supervisors of any county, pursuant to the laws of this State, it shall be the duty of the persons named or appointed to act as inspectors of the first election to be held in such village, to procure from the clerk of the township or of the townships respectively, within which such village may wholly or in part lie; and it is hereby made the Duty of town- duty of the township clerk to furnish to them, at the expense shlp clerkt of such village, from the register of the electors of the town- ship or townships within which such village is situated, a true copy of the names of all the electors residing within the limits of such village, contained upon the registration books of such township or townships, for a village election register for such first ejection, surh copy or list to be certified to by the clerk of the township, and to be delivered to the said in- spectors of election appointed for such village, to be used for the purpose of such first village election, in the same manner and to the same effect as is above provided for the general election and township meetings in townships, as near as may be ; and there are hereby given to the inspectors of any such inspectors of village election, the same power and authority, and to appli- appucanfffor cants for registration the same rights and privileges, which registration. are given to township inspectors, and to applicants at town- ship elections respectively, at such elections; and such in- spectors and applicants, and other persons mentioned in the foregoing provisions regulating elections in townships, are charged with the same duties, and subject to the same penal- ties and liabilities as are provided in like cases at such elec- tions in townships; and the vote of no person shall be re- ceived at such election whose name is not written in such register, or in the copy thereof used by the inspectors of such first election. Such copy of the township election register when copies for the use of such village election, shall be furnished at least Sed.e ten days previous to the time fixed for holding such first vil- lage election, on the application of the persons named as such inspectors, or either of them ; and if no persons are named as such inspectors, upon the written request of any three quali- fied electors in said village, to be delivered to the proper in- spectors when appointed and chosen, and to be used as above
32
STATE OF MICHIGAN.
Duty, etc., of president, and trustees.
Voting under
assumed
name.
Penalty.
What courts to have juris- diction, etc.
Violation of duty a mis- demeanor.
Duties of cir- cuit and dis- trict qourts and prosecu- ting attorney.
specified and provided. It shall be the duty of the president and trustees of every village, after the same shall be fully organized, to conduct the registration of electors in such vil- lage for village elections, and for such purpose shall give at least ten days' notice, by publication in a public newspaper, or by posting notices in not less than six public places in said village, of the annual meeting of the village board of registration for such village; and on the Saturday next pre- ceding the time specified for holding the annual village elec- tion, the president and trustees, or three of their number, shall meet as a board of registration for such village ; and all the proceedings of such board shall be conducted, and the board shall possess and exercise the same duties and powers, and be subject to the same liabilities, and the electors shall be entitled to all the rights and privileges, in making such registration, as provided herein for registration in townships, as nearly as the same can be made applicable to such registra- tion and election.
(78) § 3566. SEC. 23. If any person, falsely personat- ing any qualified elector, whose name is registered, shall, at 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 & false name, the person so offending shall, for every such offense, be punished as above provided in section twelve of this act.
(79.) § 3567. SEC. 24. The recorder's court in the city of Detroit shall have cognizance* and jurisdiction of all of- fenses under this act, committed within the limits of said city, and the offender may in all cases be there proceeded against by information, as provided by the charter of said city or any other statute applicable thereto. In all other cases the circuit or district court for the proper county shall have cognizance of such offenses committed within the county ; and in cases where the punishment is by such fine or such imprisonment, one or both, as the justice's court may impose, the proper justice's court shall have cognizance and jurisdiction thereof.
(80) § 3568. SEC. 25. Any willful violation of duty by any person charged with* the execution of this act or any pro- vision thereof not herein particularly provided for, shall be deemed a misdemeanor, and the person guilty thereof shall be punished accordingly. And it is hereby made the duty of every circuit and district court, in its charge to the grand jury, to call their special attention to the necessity of making diligent and careful inquiry touching offenses arising under this act; and also the duty of every prosecuting attorney, whenever he shall receive credible information that any such offense has been committed, to cause the same to be prose- cuted.
ELECTION LAWS. 33
(81) § 3569. SEC. 26. It shall- be the duty of every city city and town- clerk and township clerk, annually in the month of Novem- ^oruo^ecre- ber, to forward by mail to the Secretary of State of this tary of state- State, at the seat of government, the aggregate number of
names not marked with the letter "D" or "R," appearing in
the register for such city or township, omitting the names.
And the Secretary of State is hereby required to keep a record Duty of secre-
thereof in such manner as to show the number of votes in tary °
such city and township, arranged in alphabetical order, in
a book to be kept for that purpose. And he shall, within
twenty days from the approval of this act by the governor,
cause a printed copy of the same to be forwarded by mail to
every such city and township clerk in the State.
(82) § 3570. SEC. 27. Each member of a city board of Compensation, registration, while acting under this act, shall be entitled to
receive two dollars a day for every day he shall actually serve in performing his duties, to be paid by the city. And each member of a township board shall receive the same compensa- tion as now provided for inspectors of elections.
(83) § 3571. SEC. 28. Each member of a board of reg- oath, 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 section I, art. 18 of constitution, see section 50 of this compilation.
(84) § 3572. SEC. 29. Every register shall be of good Registers, in paper, well bound, and arranged^alphabetically in the follow-
ing form, as near as practicable:
|
DATE. |
NAME. |
RESIDENCE. |
REMARKS. |
REGISTRATION IX WAYNE COUNTY.
(85) § 3579. SEC. 36. The boards of registration in Time for meet- each township, village, or city, respectively, in the county of wlynebcS, ir 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 there- after, for the purpose of making a re-registration of the qualified electors of each town, village, city, ward or election district therein. The said several respective boards shall be in session on the first Monday in October, aforesaid, and for not less than three nor more than six days thereafter, from nine o'clock in the morning to one o'clock in the afternoon, and from two o'clock to five o'clock in the afternoon, and shall be provided with the proper blank books for registering the names of voters of the form heretofore used, and shall 5
34
STATE OF MICHIGAN.
have the same powers, and perform the same duties as are conferred upon or required of boards of registration under the act aforesaid and the acts amendatory thereto, and the same rules and requirements shall be observed in such re-regis- tration, in all respects, as were required in the original reg- istration under said act. When such registration shall be completed, the former registry of electors in such townships, cities, villages, or election districts shall henceforth be deemed invalid, and shall not be used at the ensuing elections, and no person shall vote at any public election in said towns, cities, or villages, after such re-registration, whose name shall not be registered anew under the provisions of this section, or be afterwards properly entered on such new registry according to the provisions of said act. The provisions concerning a re- registration in the city of Detroit shall apply to the afore- said cities as far as the same may be adapted thereto.
When former registry shall be deemed invalid.
Registration in Detroit City, see sections 3573-8, 3580-81, C. L., 1897.
REGISTRATION IN NEW TOWNSHIPS.
Meeting of board.
An Act to provide for the registration of electors in new townships. [Act 4, S. L. 1869.]
The People of the State of Michigan enact:
inspectors of (86) § 3553. SECTION 1. That the persons named in the
constitute0 a act erecting any new township, as inspectors of election,
istratum reg whether passed by the legislature of this State, or the board
of supervisors of the proper county, shall constitute a board
of registration for such new township, until such officers are
elected and qualified as provided by law.
(87) § 3554. SEC. 2. Such inspectors shall meet in the capacity of such board of registration, on the Saturday next preceding the first township meeting in such new township,, at the place mentioned in the act providing for the organiza-
Act of 1859 to tion thereof, for holding such first township meeting, and on' shall be governed, in all respects, by the provisions of act number 177, of session laws of 1859, which pertain to registra- tion of electors in townships, as far as the same are applica- ble, except as is hereinafter provided.
The act referred to above precedes this act, see especially sections 64-72.
(88) § 3555. SEC. 3. The name of any person may be registered at such first township meeting, who shall make due proof, by his own oath, before the board of inspectors of such meeting, that he is possessed of the qualifications of an elector in such new township, under existing laws, other than that requiring registration.
Who may register.
ELECTION LAWS. 35
(89) § 3556. SEC. 4. The members of such board of Election of registration hereby created, shall elect one of their number cierkman and chairman, and another clerk of said board, who shall re- Powers and spectively possess the same powers and perform the same dl duties which belong to and devolve upon the supervisor and township clerk, while acting on a board of registration in an organized township, as now provided by law.
(90) § 3557. SEC. 5. In case one or more of the per- ^oar^ifow11 sons appointed as such inspectors of election hereinbefore sued.' mentioned shall, from any cause, fail to appear at the place specified for the holding of such first township meeting, to
form a board of registration, as herein provided, such vacancy or vacancies on said board shall be filled from among the electors, by a majority vote of the electors present at the hour appointed for opening the session of said board.
(91) § 3558. SEC. 6. It shall be the duty of such board Notice of of inspectors, or the surviving member or members thereof, in how given. case of the decease or removal of one or more of the same, to
give public notice of such meeting, for the purpose aforesaid, 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 previous to the time of holding said meeting.
BOARDS OF REGISTRATION NQT 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 pre- scribe penalties for the violation of the provisions of this act. «•
[Act 23, P. A. 1889.]
The People of the State of Michigan enact:
(92) § 3559. SECTION 1. That it shall be unlawful, for Board of regis- the board of registration of any township, village or city in StttTiS?* this State, or of any election district or voting precinct there- in, to meet or hold any session for the purpose of registering
the electors thereof, in any room or building where intoxi- cating liquors are sold or kept for sale, or any room adjacent to a room where such liquors are sold or kept for sale, or con- nected by hall or doorway with such room or saloon where intoxicating liquors are sold or kept for sale.
(93) § 3560. SEC. 2. Any person or persons violating Violation a any of the provisions of this act shall be deemed guilty of a m misdemeanor, and upon conviction thereof be punished by a Punishment. fine not less than fifty nor more than two hundred dollars
STATE OF MICHIGAN.
and the costs of his prosecution or by imprisonment in the county jail not less than thirty days nor more than six months, or both such fine and imprisonment in the discretion of the court.
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:
General elec- tion, when held.
Officers to be elected.
Proviso.
(94) § 3595. SECTION 1. That a general election shall be held in the several townships and wards of this State, on the Tuesday succeeding the first Monday of November, in the year eighteen hundred and fifty-two, and on the Tuesday suc- ceeding the first Monday of November, every second year thereafter, at which there shall be elected so many of the fol- lowing officers as are to be chosen in such years respectively, that is to say: A governor, lieutenant governor, secretary of state, state treasurer, auditor general, attorney general, 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, representatives in congress, the senators and representatives in the state legislature, and the following county officers, viz. : Judges of probate, sheriffs, clerks, treasurers, registers of deeds, prosecuting attorneys, and such other officers as may by law be required to be elected at such general election : Provided, The provisions of this section shall not apply to the election of the senator and representatives in the state legis- lature, nor to the election of county officers, in that portion of the State denominated the Upper Peninsula, as described in section one, article nineteen, of the revised constitution, and such other territory as may be attached thereto for elec- tion purposes. On the first Tuesday of November, eighteen hundred and fifty-one, there shall be elected a governor and lieutenant governor, whose term of office shall commence on the first Monday of January, eighteen hundred and fifty-two, and who shall hold their respective offices until the first day of January, eighteen hundred and fifty-three, and until their successors are elected and qualified; which election shall be conducted in the manner provided by the constitution and laws in force on the thirty-first day of December, eighteen const., sec. 5. hundred and fifty ; and the returns and canvass of votes given thereon shall be proceeded and determined in the same man- ner herein provided for the same officers to be elected at gen- eral biennial elections.
Schedule to
ELECTION LAWS. 37
TOWNSHIPS : The townships in which elections are held must be organized townships. — People v. Maynard, 15 / 468. Nor can the election for a township be held within the corporate limits of a city located within such township. — " People v. Knight, 13 / 424.
GENERAL ELECTION : The term "general election" means the biennial November election. — People v. Palmer, 91 / 286 ; Westinghausen v. People, 44 / 268 ; People v. Lord, 9 / 227. So far as the election of judge of probate is concerned an election at any other time must be regarded as a special elec- tion.— People v. Palmer, 91 / 286.
CONDUCT OF ELECTIONS : Statutory provisions prescribing the conduct 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 pro- duction of satisfactory evidence thereof. — People v. Cicott, 16/323 (Cooley, J.). See People v. Sackett, 14/320; Lindstrom v. Canvassers, 94/469. As to statutory provisions requiring notices of elections, see People v. Witherell, 11/48; People v. Hartwell, 12/508; Secord v. Foutch, 44/92. Irregu- larities on the part of election officers do not necessarily defeat the election, but may require it to be subjected to rigid scrutiny. — People v. Sackett, 14 / 320. An election is not to be set aside because of an irregularity, unless it appears that that irregularity affected the result. — People v. Cicott, 16/32* (Cooley, J.I. Even where the statutory provisions disregarded are mandatory, the irregularity does not necessarily defeat the election, if the means exist of determining the result. — Id. ; People v. Van Cleve, 1 / 362 ; People v. Higgins, 3 / 233 ; People v. Bates, 11 / 362 ; Keeler v. Robertson, 27 / 116. Illegal votes will not be allowed to affect the result, except where it can be shown for whom they voted. — People v. Cicott, 16/283. As to irregular adjourn- ment of the election from one place to another, see Farrington v. Turner, 53 / 27. As to certain other irregularities, see People v. Avery, 102 / 572.
UPPER PENINSULA : The proviso was enacted when sec. 6 of art. xix of the constitution provided for elections in the upper peninsula on the last Tuesday of September. But, as amended, that section now makes no dis- tinction between the two peninsulas as to date of election. After the amend- ment, act 68 of 1863, see sections 436-7 infra, was passed, changing the time of election to correspond. Act 40 of 1857 was entitled "to abolish the office of district attorney." but provided for its continuance instead. But act 191 of 1865 finally abolished the office, and act 253 of 1865, see section 438 infra, changed the time for the election of prosecuting attorneys, provided for by act 40 of 1857, so as to correspond with the amendment to the constitution. That removed all the differences between the two peninsulas relative to gen- eral elections.
(95) § 3596. SEC. 2. Special elections may be held in i the following cases, and for the election of the following offi- f&nsmaybe cers, viz.:
1. When a vacancy shall occur in the office of senator or representative in the state legislature, representative in con- gress, judge of the circuit or district court, regent of the uni- versity, or member of the state board of education;
2. When there has been no choice at a general election of representative in congress;
3. When the right of office of a person elected to any of the aforesaid district or county offices shall cease before the commencement of the term of service for which he shall have been elected;
4. When a vacancy shall occur in either of the said county offices after the commencement of the term of service, and more than six months before the next general election ;
5. WThen, in any other case of a vacancy not particularly provided for in this section, the governor shall, in his discre- tion, so direct.
SUBDIVISION 3 : The death of an officer elect before qualification and be- fore the expiration of the term of the incumbent, creates no vacancy to be filled by appointment, but the full term must be filled by special election under this subdivision. — Lawrence v. Hanley, 84 / 399 ; People v. Lord, 9 / 227.
• SUBDIVISION 4: People v. Palmer, 91/286. Filling vacancies in office of county clerk. — Const, vi. 10 ; section 409. Register of Deeds. — Sections 380, 400. County treasurer. — Section 372. Sheriff, coroner and coumy surveyor. — Section 409.
38
STATE OF MICHIGAN.
whenvacan- (96) § 3597. SEC. 3. A vacancy in either of the offices m!Idmaatygen- named in the first section of this act, which shall not have erai election, been supplied before a general election, may be supplied at such election.
This section is merely permissive. — Secord v. Foutch, 44 / 92. See annotations under section 103 infra.
when special (97-) § 3598. SEC. 4. No special election shall be held SfbehSf0* within three months next preceding a general election, ex- cept in cases where the governor shall order a special election, when to be or- (98) § 3599. SEC. 5. Special elections for the choice of of "up^r^sors! the county officers named in section one of this act shall, except in cases in which a special election is to be ordered, by the governor, be ordered by the board of supervisors.
Lawrence v. Hanley, 84 / 404 ; People v. Palmer, 91 / 287.
To be held one day only.
Persons deem- ed^elected.
(99) § 3600. SEC. 6. Special elections shall be held and continued one day only, and shall be conducted, and the re- sult thereof canvassed and certified in all respects, as near as may be, in like manner as general elections, except as other- wise directed.
(100) § 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.
Election of (101) § 3602. SEC. 8. Whenever the time fixed by the
Pres&rentfand law of congress for the election of electors of president and
vice President, vice president of the United States, shall not occur on the
day appointed for holding the general election, such election
for electors of president and vice president shall be held on
the day so fixed by the la\v of congress therefor.
idem. (102) § 3603. SEC. 9. All the provisions of law relat-
ing to the notifying and holding of the general elections, and the election of electors of president and vice president there- at, 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 result determined in the same manner in all respects, and with the like effect, as in case of the election of such electors at a general election.
NOTIFICATION OP ELECTIONS.
secretary of (103) § 3604. SEC. 10. When a vacancy shall occur in
notice* office- the office of judge of the supreme court, of judge of the cir-
va?an?y^n cuit court, regent of the university, or member of the state
board of education, thirty days or more before a general elec-
ELECTION LAWS. 39
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.
NOTICE : The authorities 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 office for which the regular term was by law to be filled at a general election. — Adsit v. Sec'y of State, 84 / 425 ; Att'y Gen. v. Canvassers, 64 / 609 ; Powell v. Com. Council, 51 / 129 ; People v. Witherell, 14 / 48 ; People v. Hartwell, 1 2 / 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 derived from the law and not from the notice. — Adsit v. Sec'y of State, 84 / 425 ; Lind- strom v. Canvassers, 94 / 470. But an election to fill a vacancy, of which no notice was given, and which was in fact known 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 sufficient, 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 de- priving sufficient electors of the opportunity of voting to change the result of the election ; and the election should 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.
(104) § 3005. SEC. 11. The secretary of state shall, be- tween the first day of July and the first day of September pre- ceding a general election, direct and cause to be delivered to the sheriff of each county in this State, a notice, in writing, that at the next general election there will be chosen as many of the following officers as are to be elected at such general election, viz. : A governor, lieutenant governor, secretary of state, state treasurer, auditor general, attorney general, 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.
(105) § 3606. SEC. 12. He shall also, between the first of elections of day of July and first day of September preceding such reS^ntl- election, direct and cause to be delivered to the sheriff of each tives- 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 rep- resentative district or districts. •
See note to section 103.
(106) § 3607. SEC. 13. Whenever a special election of special shall be ordered by the governor to fill any vacancy, the sec- el retary of state shall immediately notify the sheriff of each
of the counties embraced in said election district, of the
40 STATE OF MICHIGAN.
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 103.
Duty of board (107) § 3608. SEC. 14. When the board of supervisors of supervisors. 0^ a coun^y 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 special 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 copy of such order to be delivered to the township clerk of each township, and to one of the inspectors of election in each ward of any city in the county.
Secord v. Foutch, 44 / 89 ; People v. Palmer, 91 / 287.
Duty of sheriff (108) § 3609. SEC. 15. The sheriff, on receiving either nStiSfiving of the notices directed in this act to be sent to him, shall forthwith cause a notice in writing to be delivered to the township 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 sheriff; 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 representa- tives, shall be delivered to the proper officer in each town- ship or ward in each respective district.
See note to /section 103.
idem. (109) § 3610. SEC. 16. He shall also give at least
twenty days' notice in writing, to be delivered to the town- 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.
Duty of town- (110) § 3611. SEC. 17. The township clerk or inspector ?nspeqS?on °f elections, receiving either of the notices directed in this notice1^ ac^ t° b® delivered to him, shall, by notice in writing, under his hand, give at least ten days' notice of the time and place at which such election is to be held, and the officers to be chosen, which election snail 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 person in whose office the vacancy shall have occurred, and that such vacancy will be supplied at such election; and such township
ELECTION LAWS. 41
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 18-41 of this act were superseded by the act of 1891 immediately following.
MANNER OF CONDUCTING 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. 1891, as amended.]
The People of the State of Michigan enact:
(111) §3612. SECTION 1. That at all elections at inspectors of which any presidential elector, member of congress, member
of the legislature, State or county officer or circuit judge is to be elected, or any amendments to the constitution, the supervisor, two justices of the peace, not holding the office of supervisor or township clerk, wrhose term of office will first expire and the township clerk of each township, and the assessor, if there be one, an alderman of each ward in a city shall be the inspectors of election : Provided, That in Proviso, all voting 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 inspec- tors of election under this act : And provided further, That Further no person shall act as such inspector, who is a candidate for Pr(mso- any office, to be elected by ballot, at said election.
DESIGN OF ACT : This act is designed to secure absolute secrecy to the -elector and thus prevent all opportunity for corrupt practices. — Att'y Gen. v. McQuade, 94 / 443 ; Att'y Gen. v. May, 99 / 544. It was passed to preserve the purity of elections and, although it may result in some inconvenience to the voter, the restrictions placed upon the manner of voting and the regula- tions, under which votes may be received and placed in the ballot boxes, are within the province of the legislature. — Att'y Gen. v. May, 99 / 547. This statute 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 the action of the county commissioners provided for in section 119. — Peck v. Supervis- ors, 102 / 355.
CONSTITUTIONAL AMENDMENTS : Under Const, xx, I, such amendments may be submitted at spring elections. In such case the ballots must be pre- pared by the county commissioners and may be separate and be cast in a separate box, from those for township officers. — Peck v. Supervisors, 102 / 355. •
(112) § 3G13. SEC. 2. In case four inspectors shall not when inspect- attend at the opening of the polls, or shall not remain in at- chosenviva tendance during the election, the electors present may choose, voce- 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. 6
42
STATE OF MICHIGAN.
cierks of election.
when voting
(H3) § 3614. SEC. 3. In townships, the township clerk, jf 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 not be present, the board shall appoint two such clerks, and the inspectors 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.
(114) § 3615. SEC. 4. When any election district or voting precinct shall contain over three hundred electors, ac- cording to the poll list of the last preceding general election, the township board in townships and the city co'uncil in cities may, in their discretion, divide such voting precincts into two or more election districts. In case of townships and 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 divi- sion, boards of registration, election inspectors and all mat- ters arising therefrom not provided for by this act. In cities where no special provisions exist relative thereto, such divi-
by ordinance. gjon an(j aj} matters 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 fully carry out the provisions of this section.
Conely v. Common Council, 93 / 446.
what to
when com-
Opening and (115) § 3616. SEC. 5. On the day of election the polls poUsngo1 thereof shall be opened at seven o'clock in the forenoon, or as 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 polls at twelve Proclamations o'clock, noon, for one hour, in their discretion. The inspec- tors 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 min- utes respectively, before the closing thereof.
As to irregularities in opening and closing the polls, see People v. Cioott,. 16/305, 324.
Of ballot
§ 3617. SEC. 6. There shall be provided and kept 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 prcrper size to admit a single closed ballot, through which each ballot re-
ELECTION LAWS. 43
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 township board of the township or common council of the city may prescribe.
BALLOT BOXES : The law contemplates that, where state or county meas- ures, 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 be separate from the ballot containing the tickets for township officers and separate ballot boxes may be used, for the furnishing of. which this sec- tion provides. — Peck v. Supervisors, 102 / 356.
(117) § 3618. SEC. 7. Before opening the poll, the bal- care ofbox, lot box shall be examined, and the contents, if any, removed ey'et therefrom; it shall then be locked, and the key thereof de- livered to one of the inspectors, to be designated by the board.
The said box shall not be opened during the election, except as provided by law in case of adjournments.
(118) § 3619. SEC. 8. When the supervisor shall be chairman of one of the board, he shall be chairman thereof ; but if he be board- absent, such one of their number as the inspectors shall desig- nate, shall be chairman.
(119) § 3620. SEC. 9. In each county of the State, the Board of eiec- judge of probate, county clerk and county treasurer shall sioSersTo?18" constitute a board of election commissioners, two of whom each county- shall constitute a quorum, and of which board the judge of probate shall be chairman and the county clerk shall be sec- retary. It shall be the duty of said board to prepare a suffic- Duty relating ient number of ballots, at least two to each elector, according to
to the vote at the last preceding general election, for election of all officers for whom the electors are entitled to vote, and for all proposed constitutional amendments or other ques- tions to be submitted to the electors for popular vote in com- pliance with the provisions of law.
OTHER QUESTIONS : There may be occasion for the action of county boards of election commissioners in cases not covered by section one of this act. Such a case occurs upon the submission of the question of the removal of the county seat. — Peck v. Supervisors, 102 / 355.
CONSTITUTIONAL AMENDMENTS : Act to secure publicity of amend- ments to the constitution, see sections 536-7 infra.
(120) § 3621. SEC. 10. The said board of election com- inissioners shall cause to be printed on the ballot the names of the candidates nominated by the regularly called conven- of-
tions of any party, and it shall be the duty of the State, state , district district or county* committee of each political party to for- ward to the chairman of the said board of election commis- sioners of each county in the State, not less than twenty days prior to any such election, a copy of the vignette adopted by them and the names of all candidates nominated at any regu- larly called convention at which candidates for any of the offices mentioned in section one of this act shall be nomi- nated, and no other -names, unless authorized and instructed
44
STATE OF MICHIGAN.
Wayne county by committees,
Samesnsof
said convention, except that in the county of Wayne county and district committees shall perform such duty
who to certify not less than ten days prior to any such election. All the names of parties so nominated shall be certified to by the
Proviso, as to chairman and secretary of the respective committees : Pro- vided, That it shall be unlawful for said board of election commissioners to cause to be printed in more than one column on the ballot the name of any candidate who shall have re- ceived the nomination by two or more parties or political or- ganizations for the same office, except persons running for the office of circuit judge in the tenth judicial circuit, the same to comPrising the county of Saginaw. Any person so receiving
spcifynoice° the nomination for the same office by two or more parties or political organizations, except persons running for the office of circuit judge in the tenth judicial circuit, the same com- prising the county of Saginaw, shall, within five days after his name has been certified to said election commission as having been nominated by two or more political parties for the same office, give notice to the board of election commis- sioners of each county in the State, if said nomination be for a State office, and to the board of election commissioners of each county in the district, if said nomination be for a con- gressional, judicial or legislative office, and to the board of election commissioners of the county, if such nomination be for a county office, specifying in such notice the column of which party or political organization on the ballot he wishes his name to be printed, and said board of election commis- sioners shall print the name of such candidate in such column on the ballot so specified by him, and in no other column. Such notice shall be given to 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 commis- sioners 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, within said county, within three days after his name has been so certified as having been nominated by two or more political parties: Provided further, That in case any such candidate so nominated by two or more parties or political organiza- tions 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 said board of election commissioners within the time and as above pro- vided, except persons running for the office of circuit judge in the tenth judicial circuit, the same comprising the county of Saginaw, shall refuse or neglect to give notice to said board of election commissioners, as above provided, and with- in the time above named, specifying in which column on the
column, where ballot he wishes his name to be printed, then and in such case
name printed. . of election commissioners shall cause his name to
How notice given.
In Wayne county.
Further pro- viso, when candidate fails to give notice.
ELECTION LAWS. 45
be printed 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 person to be printed on the ballot as a candidate for the same office in any other column. All the- provisions of Districts this section shall apply to all city, village and township elec- affe tions held in this State, except that the notice herein required to be given by a candidate shall be given by him to the proper board of election commissioners within two days after his name has been so certified as nominated by two or more po- litical parties for the same office, but this section shall not be Not to conflict construed as conflicting with act number one hundred nine- S.h certam ty-four of the public acts of eighteen hundred ninety-one.
Am. *1905, act 25.
Act 194 of 1891 is sections 200-202 of this compilation.
NOMINATED BY CONVENTION : A candidate ought to be placed in nomi- nation by the electors and represent a respectable portion thereof, in order to entitle him to have his name printed upon the ballot. Any one has the right to announce himself as a candidate, but the ballot 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 convention, a person can be voted for only in the blank left en the ballot for such purpose. — Chateau v. Jacob, 88 / 171. See also, Bragdon v. Navarre, 102 / 259 ; Steph- enson v. Election Com'rs, 118 / 416.
VIGNETTE : But one vignette is provided for, but the placing of a sepa- rate vignette at the head of the county ticket, while an irregularity, is not fatal. A voter cannot be disfranchised, nor a candidate who is not shown to have participated in any fraud, be defeated of his election, by such an irregularity. — Lindstrom v. Canvassers, 94 / 467. Where the vignette adopted combines with it the name of the party or political organization represented by the committee forwarding it to the commissioners, it is unnecessary to put another heading below it. — Shields v. Jacob, 88 / 164.
See Baker v. Election Com'rs, 110 / 635.
(121) § 3622. SEC. 11. It shall hereafter be the duty of vignette pro- the State committee of any political party or organization in ™ ( this State, before each election, to prepare and adopt, by en- graving or otherwise, a vignette, to be printed at the top of the column of such ballot assigned to such party, as a distinctive and characteristic heading thereto ; such vignette size of. 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 Proof copy to placed on file at the office of the county clerk of each county be fi 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 ten days prior to each election, except in the county of Wayne, where such copy shall be on file at least six days prior to each election. And it shall be the duty of the board of election commissioners to correct such errors as may be found therein by such in- spection.
VIGNETTE : See note to preceding section.
PROOF COPY : The failure to have the proof copy of the ballot on file for inspection, at least ten days, is an irregularity which will not disfranchise a voter or deprive a candidate of his election, if not shown to have partici- pated in any fraud. — Lindstrom v. Canvassers, 94 / 467.
46
STATE OF MICHIGAN.
Impression of vignette to be filed
Unlawful to imitate copy, or counter- feit.
Board to pro- vide cuts.
Secretary of State to certify amendments.
(122) § 3623. 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- tion. Such lists shall be kept by the secretary of state and said county clerk on deposit, and from the time of said filing it shall be unlawful for any person to imitate, copy or in any manner counterfeit the same, or change the name of the candidate of such regular convention, except as herein pro- vided, or by authority of such convention. Such vignette and heading 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 be the duty of the board of election commissioners to provide, at the expense of the county, a sufficient number of cuts of the several vignettes provided for in this act, from which to print the necessary number of ballots to be dis- tributed by them.
(123) § 3624. SEC. 13. Whenever a proposed constitu- tional amendment or other question is to be submitted to the electors of the State for popular vote the secretary of state shall duly and not less than fifteen days before election, certify the same to the clerk of each county in the State.
CONSTITUTIONAL AMENDMENTS: For an act to secure greater pub- licity for amendments to the constitution,' see sections 536-7.
Printing of ba5ots,°etc.
Name of office.
Order of
eiection.
(124) § 3625. SEC. 14. The board of election commis- sioners in each county shall cause the names of all candi- 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 w^hich he was certified to have been nomi- nated. At the general election held in November the names of the several offices to be voted for shall be placed on the ballot in the following order: Electors of president and vice president of the United States, governor, lieutenant gover- nor? secrefary of state, state treasurer, auditor general, at- torney general, superintendent of public instruction, com- missioner of the state land office, member of the state board of education, representative in congress, senator and repre- sentatives in the State legislature, judge of probate, sheriff,
ELECTION LAWS. 47
clerk, treasurer, register of deeds, prosecuting attorney, auditor in counties electing an auditor, circuit court commis- sioners, coroners, surveyor. At the general election held in April election. April the order shall be justice of the supreme court, regents of the university, circuit judge, county commissioner of schools. At any election to fill vacancy, the office to be voted for shall be placed in the appropriate place on the ballot, re- gard being had to its being a State, congressional, legis- lative, or county office. The tickets of the party having the Party tickets, greatest number of votes within the State at the last preced- ing presidential election as shown by the votes cast thereat for electors of president and vice president shall be placed first on the ballot, the position of other tickets to be gov- erned relatively by the same rule. The ballots shall be of Ballots to be uniform size and of the same quality and color of white umform slze- paper, and sufficiently thick that the printing cannot be dis- tinguished from the back and the ballots in each election district shall be numbered consecutively on the upper right- hand corner of the front side thereof, and no two ballots of the same kind in the same township or election district shall have the same number; such corner containing said number shall be perforated diagonally across the corner of the ballots, so that it can be handily torn off as hereinafter provided, before such ballot is deposited in the ballot box. The arrangement of the ballot shall conform as nearly as Plan of ballot, possible to the following plan, and shall contain the specific instructions therein set forth, and no others:
OFFICIAL BALLOT.
(Instructions.) In all cases make a cross (X) in the circle (O) under the name of your party at the head of the ballot. If you desire to vote a straight ticket, nothing further need be done. Where only one candidate is to be elected to any office, and you desire to vote for a candidate not on your party ticket, make a cross (X) in the square [ ] before the name of the candidate for whom you desire to vote on the other ticket. Where two or more candidates are to be elected to the same office, and you desire to vote for candidates 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 num- ber 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.
48
STATE OF MICHIGAN.
|
NAMES OF OFFICES VOTED FOR. |
Vignette with name of party. |
Vignette with name of party. |
Vignette with name of party. |
|
0 |
0 |
0 |
|
|
[ ] Name of can- didate. |
[ ] Name of can- didate. |
[ ] Name of cai didate. |
|
|
PRESIDENTIAL. Electors of President and Vice- President |
[ ] Name of can- didate. |
[ ] Name of can- didate. |
[ ] Name of car didate. |
|
[ ] Name of can- didate. |
[ ] Name of can- didate. |
[ J Name of car didate. |
|
|
STATE. Governor |
[ 1 Name of can- didate. |
[ ] Name of can- didate. |
[ ] Name of car didate |
|
Lieutenant-Governor |
[ ] Name of can- didate. |
] Name of can- didate. |
[ ] Name of car didate. |
|
Secretary of State |
[ ] Name of can- |
[ ] Name of can- |
[ ] Name of car |
|
didate. |
didate. |
didate. |
|
|
Representative in Congress, District |
[ ] Name of can- didate. |
[ ] Name of can- didate. |
[ ] Name of car didate. |
|
LEGISLATIVE. Senator District |
[ ] Name of can- didate. |
[ ] Name of can- |
[ ] Name of can |
|
didate. |
didate. |
||
|
Representative District |
[ ] Nam0 of can- |
[ ] Name of can- |
|
|
didate. |
didate. |
didate. |
|
|
COUNTY. Judge of Probate. . |
[ ] Name of can- |
[ 1 Name of can- |
|
|
didate. |
didate. |
didate |
|
|
Sheriff . . . |
|||
|
didate. |
didate. |
didate. |
|
|
Clerk |
[ ] Name of can- |
[ 1 Name of can- |
[ ] Name of can |
|
didate. |
didate. |
didate. |
Am. 1901, act 214.
OFFICIAL BALLOT : As to printing names on ballots and the preparation of the tickets, see notes to section 120. The provisions of this section as to arranging the tickets on the ballots are not merely directory, but must be observed in making up the ballot. — Baker v. Elec. Com'rs. 110 / 635. A spring election held not a general election in determining the right to place a ticket in the first column of an official ballot. — Edgar v. Bd. of Elec. Com'rs, 118 / 418. See Stephenson v. Bd. Elec. Com'rs, 118 / 396.
INSTRUCTIONS : In a village election notices, in the nature of instruc- tions to the voter, were posted, but followed the form originally prescribed in 1891, and were not in exact conformity with the amendatory law of 1893. This was held to be . an irregularity, which was not fatal to the election. — People v. Avery, 102 / 573.
ELECTION LAWS. 49
BALLOT : All votes must be given by ballot. — Const, vii, 2. Under the old law it was held that the designation of the person voted for by the initials of his name is not sufficient, for no other evidence than the ballot is receivable to show the voter's intention. A vote for J. A. Dyer does not show an intention to vote for James A. Dyer and cannot be counted for him. — People v. Tisdale, 1 Doug. 59 ; People v. Higgins, 3 / 233 : People v. Cicott, 16 / 283 ; People v. McNeal, 63 / 294. An error in spelling a name, if it does not change the sound, will not prevent the ballot from being counted for the person evidently intended. — People v. Tisdale, 1 Doug. 65. "Finegan" may be counted for "Finnegan." — People v. Mayworm, 5 / 149. Where a part o*f 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 ab- breviation, 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. Co. Poor handwriting may be fatal ; a written ballot for Toley was not allowed to be counted for Tobey. — People v. McNeal, 63 / 294. But ballots for John Jochim were counted for John W. Jochim, it not appearing that there was any other John Jochim within the district. — People v. Kennedy, 37 / 67. The omission of the word "for" before the name of the office is immaterial, and the name of the office may be abbreviated, if it is unequivo- cal.— People v. Cicott, 16 / 307. When an act authorizes the submission of a question to the people without prescribing the form of the ballot, it fs necessary that the voter's ballot should show that the specific question con- templated by the act was passed upon. — People v. Woodhull, 14 / 28.
(125) § 3626. SEC. 15. In case of the death, removal or in case of withdraAval of any candidate after the printing of such ballot, dfdate°f can" and before such election, the chairman of the State, district
or county committee of the political party to which such
candidate belongs shall transmit to the chairman of the board
of election commissioners the name of the person selected 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 containing only Pasters to be
the name of such new candidate, at least equal to the num- Provlded-
ber of ballots provided for such precinct, but no pasters shall
be given to. or received by any one, except such election board
and such chairman, and it shall be the duty of the chairman
of the board of inspectors of election to put one of such
pasters in a careful and proper manner, in the proper place
on each ballot before it shall be given to any elector for the
purpose of voting, and in case the name of anv candidate in case a
,.„ . . , , , „ , ,. - name has been
regularly certified to said board of election commissioners omitted
shall have been omitted from such ballots, said board of
election commissioners shall furnish pasters containing the
name of such candidate and the same shall be placed upon
the ballots as herein provided in the case of a candidate
selected to fill a vacancy. In case of such death, removal or change in bai-
,. i/» ii • ,. j. iiTi.li is lots on death,
resignation before the printing of such ballots, the name of removal or res- the person selected in the place of such candidate shall be iaSudate? communicated by the proper committee to the political or- ganization to which such candidate belonged, and the neces- sary change in such ballot shall be made by the board.
(126) § 3627. SEC. 16. It shall not "be lawful for the unlawful to
T , . use other than
printer of such ballots or any other person to give, or deliver official ballot, 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 7
50
STATE OF MICHIGAN.
Proviso.
arranged in any other way than that authorized and directed by the said board of election commissioners: Provided, That it shall and may be lawful for the chairman of committees and candidates named on the official ballot to procure any number of fac similes of the ticket to be printed on red, yel- low or blue paper and to circulate the same for the purpose of the instructions of voters; and said colored ballot to have printed at the head the words "Instruction Ballot."
- (127) § 3628. SEC. 17. It shall be the duty of the board
- of election commissioners of each county to provide and en- pencils, dose in each package of official ballots to be delivered to some
member of the board of election inspectors of each voting pjecinct as hereinafter provided, as many black or blue lead pencils, to be attached with strings or in other suitable man- ner to the booth, as may be necessary, at least three black or blue lead pencils being furnished for every booth erected as hereinafter provided. And the board of election commission- ers of each county shall audit and issue their warrants for the same, which shall be paid by the county treasurer out of the general fund of the county.
Section 18 is repealed by act 266 of 1897.
Duty of chair- cure ballots"
Proviso, where
HOW ballots
Wenedto be
(128) § 3629. SEC. 19. It shall be the duty of the chair- man of the board of election inspectors of each voting pre- cinct in each county, or in case .he cannot attend, some other member of such board, authorized in writing by the said chair- man, to appear at the office of the county clerk of his county, not more than four nor less than two days before each elec- tion, 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, That in cities where a later date is fixed for the delivery of 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 election in- spectors by officials, such stamps and pads or other apparatus may be enclosed in such ballot boxes instead of with the ballots. The necessary number of ballots shall be wrapped and tied in packages, and securely sealed with wax, and the chairman of said board of election commissioners or some other member thereof, duly authorized therefor by said board, shall make and sign a certificate setting forth the number of ballots in such package, and that such ballots were packed and sealed by himself personally, and upon delivery of such package and said certificate to said inspector of elections he shall receipt for the same ; and for the safe sealing of such ballots, the county board of election commissioners shall pro- vide themselves with a seal of such design as they may deem Pr°Per- Said packages shall not be opened until delivered to the election board of the respective voting precincts, to which
ELECTION LAWS. 51
they were directed when said boards shall be fully organized and ready for the reception of votes as in this act provided.
(129) § 3630. SEC. 20. In case none of the board of when board to election inspectors of any precinct shall appear at the office of S€
the county clerk within the time above specified, the board of election commissioners shall forthwith dispatch a special mes- senger 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 therefor and whose duty it shall be to deliver the same to the inspec- tors at the polling place before seven o'clock in the forenoon of the day of election. Such messenger shall promptly TO me receipt report to such clerk and file with him the receipt of the per- fo son to whom he delivered such ballots and stamps, and his affidavit stating where, when and to whom he delivered the same.
(130) § 3631. SEC. 21. In all townships, and all voting Railing or precincts in cities, the township board of each township, and erected^6 the various officers whose duty it may be to designate and votins room- prescribe the place or places of holding general elections in
the several cities, wards, election districts and voting pre- cincts, throughout the State, shall provide for, and cause to be erected in the room where elections are to be held, a rail- ing or fence four feet in height, which railing or fence shall be placed through and across the room, and shall cause gates to be erected in said railing. The entrance gate shall be in Entrance to be charge of a gate keeper appointed at the opening of the polls gatehkeepe°rf. by the board of election inspectors, and duly sworn to allow no person 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 preparation of his ballot, as pro- vided in this act, and no person shall be allowed to be inside of said railing, except to vote, or to assist an elector in the preparation of his ballot as hereinafter provided, and as soon as the elector has voted he shall retire without and shall not again be admitted within the railing, and only as many elec- tors as there are booths shall be allowed within the railing at one and the same time, and the electors shall be admitted in the order in which they shall apply. The entrance gate Booths to be shall be placed at one side of the room, and on the inside of ei said gate a booth or temporary room shall be erected. At least one such booth shall be provided at each polling place, and not less than one for each hundred persons entitled to vote thereat, as shown by the last preceding registration of electors, and built with walls not less than six feet high, and in [a] such manner that the person preparing the ballot shall be concealed from all other persons. Said railing shall also Exjt^gate and contain an exit gate, which shall be under the care of an officer appointed by the board and duly sworn, as above.
52
STATE OF MICHIGAN.
The booths must be so constructed as to secure secrecy to the voter in the preparation of his vote, but so as not to obstruct the view between the public and the voter when he deposits his vote. The gate-keeper must admit within the railing at one time as many voters as there are booths, and no more, and as fast as one booth becomes vacant he must admit another voter. — Common Council v. Rush, 82 / 533.
MISCONDUCT OF INSPECTORS: In determining the title to a county office, the vote of a township should be excluded, where it appears that in such township the mandatory provision of the election law requiring the offi- cial ballots to be kept in the custody of an inspector was violated by the appointment of an unofficial person as "instructor" to distribute the ballots, 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.
How package opened.
Number of bal- lots delivered to inspector.
How ballots initialed.
How ballots given voters.
(131) § 3632. SEC. 22. At the opening of the polls, after the organization of, and in the presence of the board of inspectors, one of the inspectors shall open the packages of ballots in such a manner as to preserve the seal intact. He shall then deliver to one of the inspectors, to be designated by the board, fifty of the ballots, and shall place the pencils for marking the" ballots in the booths. The inspector so designated shall at once proceed to write his initials in ink on the lower left hand corner of the back of each of said ballots, but not upon the perforated corner, in his ordinary handwriting, and without any distinguishing mark of any kind. As each successive voter calls for a ballot, another one of the inspectors shall deliver to him the first signed of the fifty ballots, and as the supply of ballots in the hands of the inspectors shall decrease, additional ballots shall be signed by the same inspector, so that at least twenty-five bal- lots so signed shall be at all times in the hands of the inspec- tor delivering the ballots to the elector.
Am. 1901, act 214; 1905, act 55.
INITIALING BALLOTS : The provisions of this law, do not authorize the rejection by the canvassers of ballots, inadvertently indorsed by the inspector in the lower right-hand corner ; so much of the statute as designates the par- ticular place for the indorsement being directory only. — Horning v. Board of Canvassers of Saginaw Co., 119 / 51. The law requires that ballots shall be initialed by an inspector, and with his own initials, in ink, and be handed to the voters by an inspector. Held that the law is mandatory as to all of these requirements, or directory as to all. Quo warranto, to try the title to the office of justice of the peace. — DeGaw v. Fitzsimmons, 124 £ 511.
The indorsement of the initials was made in all respects as required by law, except that, instead of being in the upper left-hand corner, they were in the lower right-hand corner. The inspectors of election did not intend to do any wrong. The electors were all qualified voters. They accepted the bal- lots as given them by the inspector, supposing them to conform fully with the law. As voted, they were secret ballots. The electors voted them in the utmost good faith, without objection or challenge from anyone. The inspec- tors counted them without protest from any one. The electors were in no sense responsible for the mistake of the inspector. To disfranchise hundreds of legal voters, for an unintentional mistake of this character by a public officer, is a gross injustice, and is calculated to bring a very commendable law into disrepute. It would enable a corrupt inspector to disfranchise the electors when they were not parties to the fraud. — Horning v. Bd. of Can- vassers, 119 / 60.
See note to previous section.
Challengers. (132) § 3633. SEC. 23. At every election each of the political parties shall have the right to designate and keep not exceeding two challengers at each place of voting, who shall be assigned such positions immediately adjoining the 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
ELECTION LAWS. 53
for the accommodation of one of such challengers of each political party, and he shall have the right to inspect the Powers, 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 chairman or presiding Evidence, officer of the chief managing committee of a party in such county or township7 city, ward or voting precinct, shall be sufficient evidence of the right of such challengers to be pres- ent inside the room where the ballot box is kept. The chair- man appointing any challenger may, at his discretion, remove him and appoint another. Any challenger shall have the May remain
. . J - , during can-
right and privilege of remaining during the canvass of the vass.
votes and until the returns are duly signed and made.
People v. Hanna, 98 / 516 ; Att'y Gen. v. May, 99 / 560. See note to section 130.
(133) § 3634. SEC. 24. If any person offering to vote Proceedings . shall be challenged as unqualified by any inspector, chal- ^alfenged01 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- Form of oath one years of age, that you are a citizen of the United States, 3uSenfeed.°r u that you have resided in this State six months, and in this township (ward, or voting precinct, as the case may be)
twenty days next preceding this election, and that you have not voted at this election; or,
2. You do -solemnly swear (or affirm) that you are twenty- one years of age, that you resided in this State on the twenty- fourth day of June, one thousand eig^ht hundred and thirty- five, that you have resided in this State six months, and in this township (ward, or voting precinct, as the case may be) twenty days next preceding this election, and that you have not voted at this election; or,
3. You do solemnly swear (or affirm) that you are twenty- one years of age, that you resided in this State on the first day of January, one thousand eight hundred and fifty, that 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. Yrou do solemnly swear (or affirm) that you are twenty- one years of age, that you resided in this State two years and six months prior to the eighth day of November in the year one thousand eight hundred and ninety-four, that you de-
54
STATE OF MICHIGAN.
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, arid that you have not voted at this election.
If such person so challenged will take either of the above oaths, his vote shall be received; but if such person shall therein swear falsely, upon conviction thereof he shall be liable to the pains and penalties of perjury.
Penalty for
swearing
falsely.
RESIDENCE : The temporary absence of a person or his family, though extending over a series of years, does not necessarily, without regard to his intentions, make him lose his residence, or deprive him of his rights as an elector. — Harbaugh v. Cicott, 33 / 242. See also notes to section 69.
VOTING TWICE : One who has, first by mistake, voted in the wrong pre- cinct, and upon discovering his mistake has requested and procured the in- spectors to withdraw and cancel a ballot such as he asserted he had voted, has no right afterwards to vote again in his proper precinct ; and his second vote is illegal — Id.
ELECTIVE FRANCHISE : It must be remembered that the right of voting is one which cannot be taken away by direct law or impossible conditions. — Warren v. Board of Registration, 72 / 399.
OATHS : Where, by the law under which an election is held, the inspectors are to receive the voter's ballot if he takes the oath that he possesses the con- stitutional qualifications, the oath is the conclusive evidence on which the inspectors are to act, and they are not at liberty to refuse to administer it, or to refuse the vote after the oath has been taken. — Wolcott v. Holcomb, 97 / 361 ; People v. Cicott, 16 / 302.
Duty of in- spectors to challenge.
Manner of voting, etc.
How ballot marked by voter, etc.
(134) § 3635. SEC. 25. It shall be the duty of each in- spector to challenge every person offering a ballot whom he shall know or suspect to be disqualified as an elector; and the board of inspectors shall possess full authority to main- tain regularity and order, and to enforce obedience to their lawful commands during an election, and during the canvass of the votes after the poll is closed.
(135) § 3636. SEC. 26. When an elector shall not be challenged or shall have taken the necessary oath or affirma- 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 man- ner 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 pasty at the head of the ballot. Nothing further need be done. Where only one candidate is to be elected to an office
ELECTION LAWS. 55
and the elector desires to vote for a candidate not on his party ticket he should make a cross in the circle under the name of his party, and also make a cross in the square before the name of the candidates for whom he desires to vote on the other ticket. In such case it shall not be necessary to strike off the name of the candidate on the party ticket and where two or more candidates are to be elected to the same office, like circuit court commissioners, presidential electors, etc., and the voter desires to vote for candidates on different tickets for such office, he must mark a cross in the circle under his party name, and mark a cross in the square before the name or names of the candidates for whom he desires to vote on the other ticket or tickets, and also erase an equal number of names of the candidates for such office on his party ticket : Provided, That if such elector shall not cross Proviso, off the names of an equal number of candidates for such office on his party ticket he shall be deemed to have crossed off the name of each candidate for such office which is printed on his party ballot opposite of a candidate on some other party ticket in front of whose name he has made a cross (X). If the elector wishes to vote for a candidate not on any ticket, TO vote for he must w^rite or place the name of such candidate on his not^rhiny ticket, opposite the name of the office, and make a cross in ticket- the circle under the party name. A ticket marked with a what deemed cross in a circle under a party name will be deemed a vote ?an°d\dateeac 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 can- didate on the opposing ticket, or where a name is written or pasted on the party ticket of some candidate whose name is not printed as a candidate on any party ticket. In case there is only one candidate to be elected to any office, the cross in the square before the name of the candidate on the opposing ticket shall be deemed one vote for such candidate. Where there are two or more candidates to be elected to the same or like office, the cross before the name of the opposing can- didate or candidates, shall be deemed one vote for such can- didate 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 placed shall be counted one vote for the person so men-1 tioned, whether the original name on the party ticket is erased or not, excepting cases where there is a cross in the square before the name of some opposing candidate on some other party ticket. If no cross is placed in the circle under the party name, a cross in the square before the name of any candidate shall be deemed a vote for such candidate except
STATE OF MICHIGAN.
Elector to fold ballot.
in cases where the elector votes for more candidates for the same office than are to be elected. Such elector shall also indicate his preference on any constitutional amendment or other questions if he desires to vote thereon, by making a cross (X) in the square in front of the words "Yes" or "No" opposite such question. Before leaving the booth the elector shall fold his ballot so that no part of the face thereof shall be 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- forated, containing the number and shall then, in the pres- ence of the elector and the board of inspectors, deposit the same in the ballot box without opening, and if it is not the same ballot given said elector it shall be rejected : Provided, however, If any elector shall show his ballot or any part thereof to any person other than one lawfully assisting him in the preparation thereof, after the same shall have been marked so as to disclose any part of the face thereof, such ballot shall not be received or deposited in the ballot box. In case such elector shall so expose his ballot his name shall be entered on the poll list with a minute of such occurrence, and such elector shall not be allowed to vote thereafter at such election. The elector shall then leave the room, but no elector to whom the ballot has been delivered shall be per- mitted to leave the room without voting such ballot, or re- turning it to the inspector from whom he received it. Any elector who shall attempt to leave the room with a ballot or pencil in his possession shall be at once arrested on demand of any member of the board of inspectors if he shall refuse to deliver the same upon request.
Proviso.
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 tlu* 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 his ballot, or give evidence of it without his consent. Even if his qualifications are questioned, his privilege remains until the lack of qualifications is established, either by his own ad- mission or otherwise. — People v. Cicott, 16 / 283 ; Harbaugh v. Cicott, 33 / 251. The action of the chairman of the board of inspectors, in receiving and de- positing in the ballot box the ballots of 13 unregistered persons, 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 t'o enter the voting booths with a large number of electors, and, after their ballots had been marked by such third persons, depositing them in the ballot box, is held to have vitiated the vote of the election precinct. — Att'y Gen. v. McQuade, 94 / 439 ; Att'y Gen. v. May, 99 / 544.
ENTERING BOOTH ALONE : The provisions of this section requiring the elector to enter the booth alone and prepare his ticket are mandatory. — Att'y Gen. v. McQuade, 94 / 439. See sections 130, 141 and notes.
ERASING NAMES : Under this section as originally enacted it was neces-
ELECTION LAWS. 57
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 PASTPJD : 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 office, the ballot is rendered bad as to that office for duplicity. Bnt 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 it 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 mwst write or paste the name of such candidate on his ballot, opposite the name of the office, and make a cross in the circle under the party name, and, if no cross is placed in such circle, a cross in the square before any candidate's name shall be deemed a vote for such candidate, except where the elector votes for more candidates for the same office than are to be elected. Held, that the pasting of respondent's name over the name of relator without putting a cross under any party name or opposite the name of respondent, or erasing the name of a third candidate on the ballot, was not a compliance with the law. — People v. Fox, 114 / 652.
MARKING BALLOTS : Ballots were all marked with a blue pencil in the circle at the head of the ticket. In one instance, it looks as though the voter first made a cross, and, thinking he had not marked it plainly enough, re- peated the marking substantially over the first marking. Two other tickets look 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 marking 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, such ballot shall not be received or deposited in the box, is mandatory. — Att'y Gen. v. May. 99 / 545. And receiving and depositing in the ballot box a large number jot ballots so shown will vitiate the election of the precinct. — Att'y Gen. v. McQuade, 94 / 439.
SEPARATE BALLOT BOXES : Where state or county measures are to be voted on, or state or county officers to be elected to fill vancancies, at the spring election, the county commissioners must prepare the ballot, and in such cases the ballot may be separate from that of the township and may be cast in a separate box. — Peck v. Supervisors. 102 / 356. The elector is not to be deprived of his vote by either the mistake or the fraud of the inspector in de- positing it in the wrong box. if the intention of the voter can be ascertained with reasonable certainty. Nor should ballots be rejected, though they may have got into the wrong box by the honest mistake of the voters themselves. — People v. Bates, 11 / 364. When a voter has voted by mistake, he cannot withdraw his ballot and vote again. — Harbaugh v. Cicott, 33 / 241.
(13G) § 3637. SEC. 27. At each adjournment of the poll, j^JJg com- the clerks shall, in the presence of the inspectors, compare fists. their respective poll lists, compute and set down the number of votes, and in case the same do not agree shall, under the direction of the board, correct all mistakes that may be dis- covered, until such poll lists shall be made in all respects to correspond.
(137) § 3638. SEC. 28. The ballot box shall then be care of ballot opened and the poll list placed therein, the box locked, and box> key> etc' at least five minutes before the removal of the same a piece of leather (or canvas) so placed as to extend from the open- ing in the lid of said ballot box to the key hole in such a manner as to completely cover both such holes, shall be placed thereon, and the same securely fastened thereon with sealing wax stamped with the official election seal of such township or ward, such piece of leather (or canvas) and the sealing wax to be so arranged as to render it impossible to 8
58
STATE OF MICHIGAN.
Return and opening of box.
Distribution of ballots
Printed in- structions to voters to be furnished
open either of said holes without breaking said seal. The key shall then be delivered to one of the inspectors, the box to another, and the seal to another. Such box shall not be opened nor the seal broken until the box has been publicly exposed at least five minutes before the reopening of the poll.
(138) § 3639. SEC. 29. The inspector having the key shall keep it in his possession, and deliver it again to the board at the next opening of the poll, and the inspector hav- ing the box shall carefully keep it without opening or suffer- ing it to be opened, or the seal thereof to be broken or re- moved, and shall publicly deliver it in that state to the board of inspectors at the next opening of the poll, when the seal shall be broken and the box opened, the poll lists taken out, and the box again locked.
(139) § 3640. SBC. 30. No ballot shall be distributed by any person other than one of the inspectors of election, nor in any place except within the railing of the voting room, to electors about to vote and no ballot which has not the initials of a member of the board of election written by such mem- ber on the* back thereof shall be placed in the ballot box.
(140) § 3641. SBC. 31. Uniform printed instructions to voters, printed in large type upon cards, shall be furnished 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 choice, and the county clerks shall furnish such cards to the city and township clerks in the county. Such clerks shall furnish such cards to each polling place, one of which shall be hung in each compart- ment, two in the polling room, and three on the outside of the building in which the voting takes place. Whenever the clerk of any county notifies the secretary 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 interpreter.
See note to section 124.
INTERPRETER : The interpreter cannot be allowed to remain within the
railing to converse with the voters who do not understand English. — Att'y Gen. v. Stillson, 108 / 419-.
(141) § 3642. SEC. 32. When an elector shall make oath that he cannot read English or that because of physical dis- ability he cannot mark his ballot, or when such disability shall be made manifest to said inspectors, his ballot shall be marked for him in the presence of the challenger of each po- litical party having a challenger at such voting place by an inspector designated by the board for that purpose, which marking shall be done in one of the booths.
See notes to sections 130 and 135.
DISABLED VOTERS : The provisions of this section relative to the mark- ing 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. May, 99 / 545. The provisions of this section, with those of section 153, are in-
Instructions in foreign language.
Voting by in- capable per- sons.
ELECTION LAWS. 59
tended to secure the entire secrecy of the ballot, except so far as is absolutely necessary to enable such electors as cannot read English to have assistance in marking it. The only test of the ability of the voter to read English is his oath. Xo other test is permissible, and it is unlawful for any inspector to assist in marking a ballot for any elector, until such elector shall have first taken the oath. — Att'y Gen. v. May, 99 / 544. At the expense of the secrecy of the ballot, the law provides a method of aiding electors who are physically incapacitated or unable to read English. It does not deprive those voters of any right, but rather secures to them aid in voting intelligently. — Id. 547.
(142) §3643. SEC. 33. It shall be unlawful for the unlawful to board, or any of them, or any person in the polling room or £52!"" any compartment therewith connected, to persuade or to en- deavor to persuade any person to vote for or against any particular candidate or party ticket.
(143) § 3644. SEC. 34. " If the elector votes for more voting for than one candidate for the same office, said ballot shall not
be counted for those persons, but shall be as to them null and void. If any elector inadvertently spoils a ballot he may spoiled ballot, obtain another from the board by returning such spoiled bal- lot 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, 1027 401. Distinguishing marks fraudulently placed on the ballots after they were cast do not vitiate them. — Att'y Gen. v. Blanck, 107 / 85.
(144) § 3645.. SEC. 35. The board of inspectors of elec- Board to pre- tion, shall preserve the unused ballots together with the bal- Kot^' lots which have been spoiled, and return the same to the city
or township clerk, with a statement of the number of ballots used, and there shall be given by the clerk to the inspectors of election a receipt therefor, which shall be filed with the chairman of the board.
(145) § 3646. SEC. 36. Immediately on closing the canvass of polls, the board shall proceed to canvass the votes. Such can- inducted, vass shall be public and shall commence by a comparison of
the poll lists and a correction of any mistakes that may be found therein until they shall be found or made to agree. The box shall then be opened and the whole number of ballots counted. If the ballots shall be in excess of the number of the electors voting according to the poll lists they shall be re- placed in the box and one of the inspectors shall publicly draw out and destroy so many ballots therefrom unopened as shall be equal to such excess. They shall first select and counting of count the straight tickets, and give the number to each can- M 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 the what ballots canvass of the votes, any ballot which is not indorsed with vo1 ' the initials of the inspector as provided in this act, and any ballot which shall bear an distinguishing mark or mutilation shall be void, and shall not be counted, and any ballot, or part
60
STATE OF MICHIGAN.
of a ballot, from which it is impossible to determine the elector's choice of candidates shall be void as to the candi- Proviso, date or candidates thereby affected: Provided, however, That all such ballots shall be preserved, marked by the inspectors "not counted" and kept separate from the others by being tied or held in one package by a rubber band or otherwise.
See notes to sections 124, 131 and 135.
IMMEDIATE CANVASS : The provisions for an immediate canvass of the ballots were expressly designed to guard against fraudulent tampering with votes before counting. — People v. Sackett, 14/325. The election law is posi- tive that the official count of the ballots shall be made immediately, in public, and the result ascertained and declared publicly, and an official statement made of the result. — Keeler v. Robertson, 27 / 128-9. But the neglect of the board to complete the canvass on the night of the election and the dating of their report on the next day ought not to result in the disfranchisement of the voters and should not be so held, except where the plain provisions of the statute require it. — Att'y Gen. v. Glaser, 102 / 397.
EXCESS OF BALLOTS : Att'y Gen. v. May, 99 / 556 ; People v. Cicott. 16 / 283.
DISTINGUISHING MARKS: Att'y Gen. v. May, 99/566; Att'y Gen. v. Glaser. 102 / 396 ; Att'y Gen. v. Howcroft, 107 / 85. The evident intent of this provision was to provide against voters marking the individual ballot which they cast in such manner as to distinguish it. — Lindstrom v. Canvassers. 94 / 471.
BALLOTS FOLDED TOGETHER: Under the old law, if two or more bal- lots were found so folded together as to present the appearance of a single ballot, both were to be destroyed, thus depriving the person casting them of his vote, whether the folding was intentional or done by mistake. — Harbaugh v. * Cicott, 33 / 241.
DUTIES MINISTERIAL : The duties of canvassing boards are simply minis- terial ; their whole duty consists in ascertaining who are elected and in authen- ticating and preserving the evidence of such election. — People v. Van Clevo, 1 / 366. The result of an election is determined by the ballots. 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 qualifi- cations or intention.— People v. Tisdale, 1 Doug. 59 ; People v. Woodhull, 14 / 28 ; Keeler v. Robertson, 27 / 116. The evidence of the voter himself as to his intention is not admissible. — People v. Higgins, 3 / 233. See also People v. Cicott, 16 / 320 ; People v. Board, 11 / 111.
CANVASS FINAL : The action of the inspectors is final, when they have finished their count and sealed up the ballots. Every opening of the ballots thereafter, except upon an election contest, when they will be needed in court, is an unlawful act and cannot be made the basis of official action. — Keeler v. Robertson, 27 / 129. When inspectors of election have completed their count and executed and delivered their returns to the proper officer, their legal powers end, and any attempt on their part to change or modify such returns in any particular involving other than a mere clerical duty is clearly beyond their powers. — Roemer v. Canvassers, 90 / 30.
etc.
Disposition of (146) § 3647. SEC. 37. After the ballots are counted ballots, box, tlley shai1? together with one tally-sheet, be placed in the bal- lot box which shall be securely sealed in such a manner that it cannot be opened without breaking such seal. The ballot box shall then be placed in charge of the township or city clerk, but the keys v of said ballot box shall be held by the chairman of the board and the election seal in the hands of one of the other inspectors of election.
(147) § 3648. SEC. 38. Immediately after the count of the tickets or ballots has been completed, the result and the number of votes received by each candidate or person on the ticket shall be publicly declared' by one of the inspectors. The inspectors shall then prepare a statement of the result in duplicate showing the whole number of votes cast for each office, the names of the persons for whom such votes were given and the number each person received, in which state- ments the whole number of votes given for each office and the number given for each person shall be written out in words
How result declared.
Statement of result.
ELECTION LAWS. 61
at length. Such duplicate statements, when certified by the inspectors and duly signed shall be delivered to the town- ship or city clerk, and shall by said clerk be, within twenty- four hours after the result is declared, delivered in person or immediately forwarded by registered mail, one copy to the board of county canvassers in care of the judge or register of probate, and the other, together with one of the original tally sheets, to the county clerk, which said statements and tally sheets shall be placed in separate envelopes and sealed by said inspectors before their delivery to the towrnship or city clerk.
Am. 1901, act 214.
See Curran v. Norris, 58 / 512 ; Belknap v. State Canvassers, 95 / 155 ; Att'y Gen. v. Glaser, 102 / 397.
(148) § 3649. SEC. 39. The gate keepers of elections powers and shall be peace officers at polling places, and are hereby dele- keeper^ * gate gated power equal to constables for the purpose of maintain- ing peace and quiet at the polls on election day. They shall
have charge of and keep the gates at polling, places and shall not allow any person to approach within the railing provided for in section sixteen, except those authorized by law, and qualified electors, whom they shall allow to pass through the gates and approach the ballot box or boxes for the purpose of voting; and they shall admit one elector at a time only to vote, and shall cause said elector to retire without the gate and railing as soon as he has voted ; and no person shall in Penalty for any manner interfere with a gate keeper of election in the discharge of his duty, and it shall be unlawful for the gate keepers to aid, assist, suggest, advise or entreat an elector to prepare his ballot in a particular manner, or to coerce or attempt 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 g£ any election day when his name shall be on any ticket at said election. Gate keepers of [elections] election shall be at the polling place at the opening of the polls, and shall re- main there until the closing of the polls, and shall receive as compensation two dollars per day for each day's work compensation while actually engaged.
(149) § 3650. SEC. 40. No election shall be held, nor
shall any election be appointed to be held in any saloon or tn saloons. bar room, or in any room or place contiguous with or ad- joining thereto. Should any place be designated or appointed for holding an election in violation hereof, or become subject polling place, to such objection after having been so designated, the inspec- tors of election shall have power, and it shall be their duty, on or before the day of such election, and before the open- ing of the polls on such day, to procure a suitable place as near thereto as may be, not subject to like objection. Said inspectors shall meet at the place first designated at the time for opening the poll, and after any vacancies in their num-
62 STATE OF MICHIGAN,
ber shall have been filled, adjourn to the place chosen by them, Notice of and at the time of said adjournment, give public notice to the electors present by proclamation of such change, and post in a conspicuous manner notice of the place where such elec- tion shall be held, and all expenses attending such change shall be certified by said inspectors to the proper authorities and shall be allowed and paid accordingly.
The adjournment of an election in good faith from one polling place to another is at most an irregularity, unless it prevents persons from voting or prejudices the rights of candidates; and such an irregularity will not sus- tain proceedings in the nature of quo warranto against the successful candi- date, 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.
Liquors, bring- (150) § 3651. SEC. 41. Any person or persons introduc- mfid'emearior! ing in any way, upon election day, into the building where an election is being held, any spirituous or malt liquors, and any inspector or clerk of election drinking any such liquors in such place, or being intoxicated therein upon election day, Penalty for. shall be deemed guilty of a misdemeanor, and upon convic- tion thereof before any court of competent jurisdiction, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding sixty days, or by both such fine and imprisonment, in the discretion of the court. Time voter (151) § 3652. SEC. 42. The board of election may make
inabooth!air such regulations as they deem proper, limiting the time in which an elector may remain in the room or booth while pre- paring and voting his ballot; such limitation, however, shall not be less than one nor more than five minutes.
See section 521.
The provisions of this section authorizing the board of elections to limit the time which a voter may remain in the room or booth while preparing and voting his ballot is applicable to elections in cities as well as towns, and it is the imperative duty of such boards to limit the time as provided in said section. — Common Council v. Rush, 82 / 533.
unlawful for (152) § 3653. SEC. 43. It shall not be lawful for any aid hisaefec- candidate for any elective office with intent to promote his manner °ertain election, or for any other person with intent to promote the election of any such candidate either : '
First, To provide or furnish entertainment at his expense to any meeting of electors previous to or during the election at which he (shall) may be a candidate; or
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, ex- cept for the defraying the expenses of office room or hall rent, postage, stationery and clerk hire, music at public meetings, the pay and expense of public speakers, transportation of committeemen, the pay of challengers at the polls and of persons to inspect the registration of voters and of persons employed to make lists of the votes in election precincts, and of printing, and the circulation of handbills and other papers
ELECTION LAWS. 63
previous to any such election, or for conveying electors to the polls.
Section 44 is repealed by act 61 of 1901.
(153) § 3655. SEC. 45. Any person who shall know- violation of ingly violate any of the provisions of this act, or shall wil- felony be fully neglect or refuse to perform any duty enjoined upon him hereby, or shall disclose to any other person the name of any candidate voted for by any elector, the contents of whose bal- lot shall have been seen by such person, or shall in any man- ner obstruct or attempt to obstruct any elector in his exer- cise of his duties as such elector under this act, shall be deemed guilty of a felony, and on conviction thereof shall be Penalty. punished by a fine not exceeding one thousand dollars, or imprisonment in the State prison not exceeding two years,
or by both such fine and imprisonment, in the discretion of the court.
McLaughlin v. Burroughs, 90 / 314 ; Att'y Gen. v. McQuade, 94 / 442 ; Att'y Gen. v. May. 99 / 544.
Section 46 repeals all acts or parts of acts contravening the provisions of this act.
(154) § 3656. SEC. 47. At the general election to be Opening and held in this State on the first Monday of April, eighteen hun- poi?sng ' dred and ninety-three, or in any second year thereafter, the
polls of such election in townships and cities, shall, for all purposes, open and close at the times herein prescribed for the opening and closing of polls, anything in act number one hundred and ninety-four of the public acts of eighteen hun- dred and ninety-one, or in any other statute, local or general, to the contrary notwithstanding : Provided, That this section Proviso, shall not be construed as forbidding a noon adjournment in townships.
For act 194 of 1891, see sections 200-202.
(155) § 3657. SEC. 48. Whenever anv constitutional. Constitutional
. , , , amendments
amendments or other questions are proposed to be submitted on separate to the electors, the board of election commissioners of each baUot- 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" printed below it in separate lines. The elector shall designate his vote on each separate question submitted by a cross mark (x) placed opposite the word "yes" or the word "no" under such question in a suit- able place provided therefor. The said ballots shall be of uniform size and of the same quality of white paper, and sufficiently thick that the printing cannot be distinguished from the back. They shall be delivered to the inspectors and electors, and voted and canvassed in all respects in the same
64
STATE OF MICHIGAN.
manner and subject to the same regulations, restrictions and penalties heretofore provided in this chapter for the ballots containing the names of the nominees for public offices, ex- How ballot cept that separate ballot boxes shall be kept and used, the ed* box for the deposit of the ballots for nominees being desig- nated by the words "Public officers,'7 plainly printed or painted thereon, so as to be readily seen by each elector, and the box for the deposit of ballots for constitutional amend- ments and other questions to be designated by the words "Propositions submitted'7 in the same manner.
See sections 536-7 infra.
Poll lists to be filed, etc.
Separate
tain offices.
AN ACT TO PROVIDE FOR HOLDING GENERAL AND SPECIAL ELECTIONS.
(CONTINUED.)
[Act 175 of 1851.]
POLL LISTS.
(156) § 3661. SEC. 42. One of the poll lists shall be delivered to the township clerk, and the other to the county clerk, which lists shall be filed and preserved by them in their respective offices. In a city, the ballots, and one of such poll lists and statements, shall be delivered to the city clerk, and shall be kept and preserved by him.
Disposition of tally sheets and inspectors statements, see section 147.
Sections 43 to 48 relate to the board of county canvassers, its organiza- tion and meeting, and are deemed to have been superseded by act 149 of 1895. For this act of 1895, see sections 209 to 221.
(157) § 3675. SEC. 49. They shall make a separate statement, containing the whole number of votes given in such county, for the offices 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 president and vice president of the United States, each year in which such electors are to be chosen; another similar statement of the votes given for representative in congress ; another of the votes given for senator, when the county alone does not constitute a senatorial district; another of the votes given for represen- tative in the State legislature, when the county alone does not constitute a representative district; another of the votes given for senator or representative, when the county alone constitutes but one senatorial or representative district; and another of the votes given for county officers.
ELECTION LAWS. 65
(158) § 3676. SEC. 50. The several senatorial and rep- idem, resentative district canvassers shall, where a county is divided
for such purposes, also make a statement of the whole num- ber of votes given in each respective district for the office of senator or representative, or both, as the case may be, which several statements shall set forth the number of each of such districts, the number of votes given to each of the persons voted for in each of such districts, respectively.
(159) § 3677. SEC. 51. In each of said statements, the what state- whole number of votes given, the names of the candidates, £2? to con~ 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, statement to and recorded by him in a suitable book, to be provided by him etc.rec°rded' for that purpose, at the expense of the county, and kept in his office.
Rich v. State Canvassers, 100 / 461.
(160) § 3678. SEC. 52. The county and district boards petermina- shall then determine the persons who have been, by the great- of°£ersonsar< est number of votes, elected to the county offices, and mem- elected- bers of the legislature, when the county alone constitutes
one or more senatorial or representative districts, and such determinations 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 thereby, such persons shall proceed to draw lots for the elec- tion to said office in the following manner : The board of Proceedings canvassers for the county or district in which such election more persons was held shall appoint a day for the appearance of all such persons before the proper officer hereinafter provided, for votes the purpose of determining 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 persons, and write the word "Elected" on as many slips of paper as there are offices to be filled, and the words "Not elected" on the remaining slips, and fold the same so as to conceal the writing, and so that they may appear as nearly alike as possible. Said slips shall be placed in a box, and at the time and place appointed for the draw- ing of said lots, each of such persons aforesaid may draw one of said slips from the box; and any such person drawing 9
66
STATE OF MICHIGAN.
a slip on which is written the word "Elected," shall be deemed legally elected to the office in question; and the officer con- ducting such drawing shall forthwith give him a certificate of such election. If the drawings under the provisions of this section are for the 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 Proviso. each case shall arise: Provided further, That in cases where the office of county clerk is in question, the drawing shall take place before the sheriff of the county.
DUTIES MINISTERIAL : As to the ministerial nature of the duties of can- vassing boards, see note to section 145.
DETERMINATION OF ELECTION: No one is elected to an office unless he receives more votes than any other person, whether there is in fact any- such other person in existence who can take the office. A minority candi- date can never be deemed elected. — People v. Molitor, 23 / 342. The deter- mination and statement of the board of canvassers are not a judgment, nor are they conclusive. The statement is but prima facie evidence and in a con- tested election a party may go behind it. The county canvass may be cor- rected by the township canvasses and those by the ballots themselves. — People v. Van Cleve, 1/364; People v. Cicott, 16/283; Keeler v. Robertson, 27 / 116 ; Harbaugh v. Cicott, 33 / 251. It is true that the certificate of the canvassers is the authority upon which the person who receives it enters upon his office and it is to him prima facie evidence of his title thereto. Whether rightfully or wrongfully given by the canvassers, it confers JJie right to hold the office until that right is voluntarily surrendered or defeated 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 regula- tion under the power of the legislature to declare and fill vacancies ; it 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 provisions 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 (161) § 3679. SEC.- 53. The said board shall, without
v^eTfoJsena- delay, make a duplicate statement of the votes given for
tor, etc senator, When the county alone does not constitute a sena-
torial 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 for representative in the State legislature, when the
county alone does not constitute a representative district, and
deliver the same to the said clerk, to be by him delivered to
the representative district canvassers.
Section 54 is superseded by section 6, act 149 of 1895, see section 214 of this compilation.
Rich v. Bd. of Canvassers, 100/461.
certificate of
e?ecteerd°ns
(162) § 3680. SEC. 55. He shall also prepare as many certified copies of each certificate of the determination of the board of county canvassers, as well as of the several district canvassers, if such county shall be divided for representa- tive purposes, as there are persons 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.
ELECTION LAWS. *67
(163) § 3681. SEC. 56. The county clerk shall, within cierk to trans- thirty days after a general election, transmit to the secretary ?esentsati°vesep" of state at Lansing, a list of the members of the legislature, fiJ^J^JJ^Jl elected in the county, designating both the senators and rep- tary of state. resentatives 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 post office addresses of all such senators, representatives and county officers.
(164) § 3682. SEC. 57. Whenever any amendment shall votes im have been proposed to the constitution, and agreed to, and Imenlment to submitted to the people, pursuant to the provisions of the con- howVaken* and stitution, the votes of the electors for and against such canvassed, amendments shall be taken, canvassed, certified, and recorded,
and certified copies of the statement thereof shall be made const, art. 20. 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 officers are by 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.
Atf y Gen. v. Jochim, 99 / 358 ; Rich v. State Canvassers, 100 / 461.
(165) § 3683. SEC. 58. Whenever any banking law for Of banting- banking purposes, or amendments thereof, shall have been S passed by the legislature, approved by the governor, and sub- mitted to the people, pursuant to the provisions of the .con- stitution, if the vote thereon shall be required to be taken at
a general election, the votes of the electors for and against such banking law, or amendment thereof, shall be taken, can- vassed, certified, and recorded, and certified copies of the statements thereof shall be made and transmitted by the sev- eral county clerks to the governor, secretary of state, and state treasurer, at the same time and in the same manner as the votes for State officers are by law required to be taken and canvassed, and statements thereof to be certified, re- corded, and transmitted.
The constitution does not now require amendments to the general banking law to be submitted to the people. Const. Art. 15, sec. 2.
DISTRICT CANVASS.
(166) § 3684. SEC. 59. In each election district for the District can- election of a senator or representative in the State legisla- vas! ture, 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 probate, and the sheriff of the county in which the meet- ings of the board are to be held, shall constitute such board.
68 STATE OF MICHIGAN.
Quorum of (167) § 3685. SEC. 60. Any three of said canvassers
shall be a quorum for the transaction of the business of said board; and in case there shall not be three of the members of 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.
Times and (168) § 3686. SEC. 61. The board shall meet in the dis-
places t- trjct for the eiecfton Of a representative in the State legisla- 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 office 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. Original state- (169) § 3687. SEC. 62. If either of the county clerks Sfd before6 shall be unable to attend such canvass on the day appointed board. 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.
Proceedings of (170) § 3688. SEC. 63. The canvassers shall then pro- canvassers. cee(j |Q examine the statement of the votes given in the sev- eral counties in the district, and ascertain and determine what persons have been elected, and to what offices, and shall draw up a statement thereof in words at length, which statement 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 sucli statement shall be certified to be correct, and to be subscribed by the said canvassers, or a majority of them.
Board to de- (171) § 3689. SEC. 64. The canvassers shall then deter-
sonTSected" mine the persons elected to the several offices within the dis-
c?rtificat<?to trict, as shall appear by such statement, and shall certify
county clerk, such determination under their hands, and annex the same to
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 office; and said board shall cause a copy of such
statement and certificate to be forthwith published in some
newspaper printed in the district.
Duty 9f county (172) § 3690. SEC. 65. The county clerk, by whom the tionVonstate- sa^ statement and certificate thereto annexed shall be filed, ment, etc. 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 persons stated therein to have been elected, and cause one of said
ELECTION LAWS. 69
copies to be delivered to each person so determined to be elected.
See section 222 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 CANVASS.
(173) § 3692. SEC. 66. The secretary of state, the state state can treasurer, and the commissioner of the state land office shall ers 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 officers shall attend on the day appointed for a meeting of the board, the auditor general, on being notified by the officer so attending, shall, without delay, attend with such officer, and with him shall form the board.
STATE CANVASSERS: See sections 41 and 42 and notes thereto. The only duties of the board of state canvassers are to canvass the returns and determine and certify the result of elections. Theirs is the culminating act of the army of persons who have had to do with the receiving and counting, recording 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 provided by law. No provision is made for deputies or clerks, but all goes to show that this important duty is to be performed by them in person, as the certificates 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.
(174) § 3693. SEC. 67. The secretary of state, on the secretary of receipt of the certified copies of the statement of votes given JtatemenS01* 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 secre- tary of state, on or before the second Monday of December next after a general election, and on or before the thirtieth when to call day after a special election, he shall call upon the governor andgst?tenor and state treasurer, and receive from them, or either of them, statement** 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. Board of Canvassers, 94 / 455.
(175) § 3694. SEC. 2. The secretary of state, on the re- secretary of ceipt of the certified copies of the statement of votes given in Iregate vote g" the several counties, directed by law to be sent to him by 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 place on file and preserve such certified copies in his office.
NOTE. — The above section is the amended sec. 2, act 17 of 1853, entitled "An act to amend section 2 of chapter 9 of the revised statutes of 1846." The general election act of 1851 is believed to have superseded chap. 9, to- gether with other chapters of the revision of 1846. But this amendatory section 2 of said chap. 9, was retained by Judges Cooley, Dewey and Howell and is here inserted, as it contains some requirements not in the act of 1851.
70
STATE OF MICHIGAN.
When to call on county -clerk for statement.
Secretary to
(176) § 3695. SEC. 68. If, from any county clerk, no such statement shall have been received by the secretary of state, the governor, nor the state treasurer, within the times limited, the secretary of state shall forthwith send a special messenger to obtain such statements and certificates from such county clerk; and such clerk shall immediately, on demand being made by such messenger at his office, make out and de- liver to him the statements and certificates required.
Rich v. State Canvassers, 100 / 461.
(177) § 3696. SEC. 69. For the purpose of canvassing and ascertaining the result of elections, other than for elec- tors of president and vice president, the secretary of state shall appoint 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.
Duty of board (ITS) § 3697. SEC. 70. The said board of canvassers, vassers3. can" when formed as aforesaid, shall examine the statements re- ceived 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 offices of governor, lieutenant governor, secretary of state, state treasurer, auditor general, attorney general, superintendent of public instruction, commissioner of the state land office, and members of the state board of education, which statement shall show the names of the per- sons to whom such votes shall have been given for either of the said offices, and the whole number of votes given to each of such persons.
Att'y Gen. v. Jochim, 99 / 377 ; Rich v. State Canvassers, 100 / 458.
* (179) § 3698. SEC. 71. The said board shall also pro- 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 representative in congress in each 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 office, from the returns before them, some of which are afterwards declared invalid, 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 canvass the new returns. — Belknap v. Board of Canvassers, 95 / 155.
Rich v. State Canvassers, 100 / 458.
(180) § 3699. SEC. 72. The said canvassers shall cer- tify each statement made by them to be correct, and subscribe their names thereto ; and they shall thereupon determine what
Idem.
Certificate of determination
ELECTION LAWS. 71
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.
Att'y Gen. v. Jochim, 99 / 377 ; Rich v. State Canvassers, 100 / 458. The determination of the board is final. In case their determination is contested, the legislature only can decide. — Royce v. Goodwin, 22 / 501. As to when a new board can be compelled by mandamus to convene after the old board has gone out of office and canvass the returns anew, see Belknap v. State Can- vassers, 95 / 155 ; Rich v. State Canvassers, 100 / 453.
(181) § 3700. SEC. 73. The secretary of state shall re- secretary of <iord in his office, in a book to be kept by him for that pur-
pose, each certified statement and determination, so made and delivered to him by the board of state canvassers ; and shall, copy to per- without delay, make out and cause to be delivered to each sons elected- of the persons thereby declared to be elected, a copy of such determination, certified by him under his seal of office.
(182) § 3701. SEC. 74. For the purpose of canvassing votes for eiect- and ascertaining the votes given for electors of president and SSit/Sf" vice president of the United States, the board of state can- wnen and how vassers shall meet on the Wednesday next after the third ca 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, certify- ing and recording the votes and results of the election of such •electors, shall be in all respects, as near as may be, as herein- before provided in relation to sending for, examining, ascer- taining, determining, certifying and recording the votes and results of the election of State officers.
(183) § 3702. SEC. 75. The secretary of state shall, copy of certifi- without delay, cause a copy of the certified determination of SS?atio?tSrbe the board of state canvassers, declaring the persons elected d^^d to as such electors, to be transmitted and delivered by special eSfted! message or otherwise, to each of the persons so declared to be
elected, which copies, shall be certified under his hand and seal of office.
(184) § 3703. SEC. 76. For the purpose of canvassing canvass of and ascertaining the result of the vote upon any proposed JSSdment to amendment to the constitution, or approval of any banking
law, or amendment thereof, the secretary of state shall ap- law. point a meeting of the state board of state canvassers, to be held 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 amend- ment to the constitution, or for and against the approval of such banking law, or amendment thereof, as the case may be.
(185) § 3704. SEC. 77. The board shall then proceed to Board to ascer- examine such statements, and to ascertain and determine the n3nea§iede1 result, and shall make and certify, under their hands, a state- result- ment of the whole number of votes given for, and the whole
72 STATE OF MICHIGAN.
number of votes given against, such, amendment of the consti- tution, or for or against the approval of such banking law, or amendment thereof, as the case may be; and they shall there- upon determine 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 electors voting thereon, and shall make and subscribe on such statement a certificate of such determination, and deliver the same to the secretary of state.
Determination (186) § 3705. SEC. 78. The secretary of state shall re- by secretary of cord in nis office, in a book to be kept by him for that purpose^ Ushedaw?tn?ub" suc^ certified statement and determination ; and if it shall ap- laws. pear that such amendment to the constitution, or such bank-
ing law, or amendment thereof, has been approved and rati- fied, as aforesaid, he shall also record such determination in the book in which the original act of the legislature is re- corded, and shall cause any amendment to the constitution to be published with the laws enacted by the legislature at the next succeeding session thereof.
Publication of (187) § 3706. SEC. 79. The secretary of state shall ofsTaTe^an-n cause a copy of such determination and certificate of elec- vassers. ^ion -j-o ^e published for two successive weeks in a newspaper
published at the seat of government, immediately after re- ceiving the same from the board of state canvassers. Adjournment (188) § 3707. SEC. 80. The said board of state can- vassers6 c " vassers 'shall have power to adjourn from day to day, for a term not exceeding five days.
Newton v. Canvassers, 94 / 457.
STATE BOARD OF EDUCATION.
Election of (189) § 3708. SEC. 81. At the general election to be
eof °efdu- held in the year eighteen hundred and fifty- two, there shall be
cation. elected three members of the state board of education — one
for twTo years, one for four years, and one for six years; and at each succeeding general election there shall be elected one member of said board, who shall hold his office for six years, and until his successor is elected and qualified; and the bal- * lots for the members of the state board of education shall designate which of the persons so balloted for, for member of said board, is to hold the office for two years, which for four years, and which for six years; and the person receiving the greatest number of votes for the term so designated, shall be by the state canvassers declared to be elected for such term.
REPRESENTATIVE IN CONGRESS.
(190) § 3709. SEC. 82. A representative in the con- gress, gress of the United States shall be chosen in each of the con- gressional districts into which the State is or shall be divided.
ELECTION LAWS 73
-at each general election; and if a representative in congress shall resign, he shall forthwith transmit a notice of his resig- nation to the secretary of state ; and if a vacancy shall occur, vacancy. by death, or otherwise, in the office of representative in con- gress, the clerk of the county in which such representative shall have resided at the time of his election shall, without delay, transmit a notice of such vacancy to the secretary of state.
PRESIDENTIAL ELECTORS.
(191) § 3710. SEC. 83. At the general election next Number of preceding the choice of president and vice president of the el< 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.
(192) § 3711. SEC. 84. The electors of president 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 second Monday of January. If there shall be any vacancy vacancies, in the office of an elector, occasioned by death, refusal to act, howfil neglect 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 electors 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 electors present shall proceed to fill such vacancy by ballot and plurality of votes. When all the electors shall appear or vacancies shall be filled Duties, as above provided, they shall proceed to perform the duties of such electors, as required by the constitution and laws of the United States.
(193) § 3712. SEC. 85. It shall be the duty of the ex- Executive, -ecutive of the State, as soon as practicable after the election duty of' et of the electors by the final ascertainment under and in pursu- ance of the laws of the State providing for such election, to communicate under the seal of the State to the secretary of
state of the United States his certificate of such ascertain- ment 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 electors of the State, on or before the day on which they are required by the preced- ing 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 to manner as is provided by law for transmitting by such elec- tors to the seat of government the lists of all persons voted for as president and of all persons voted for as vice presi- dent.
Sections 86-89 are superseded by act 1 of 1869, for the election of TJ. S. Senators. See sections 433-435. 10
74 STATE OF MICHIGAN.
MISCELLANEOUS PROVISIONS.
unorganized (194) § 3713. SEC. 90. Unorganized counties, with other counties. parts of the State which may be attached to any organized county for judicial purposes, unless otherwise provided, shall be considered as a part of such organized county for all pur- poses concerning the election of officers who may be elected at a general or special election.
Johnston v. Cathro, 51 / 83.
oath of in- (195) § 3714. SEC. 91. The oath directed in this act to
cfel-k^o^etec- ^e taken by persons chosen to be inspectors, or appointed
tions. clerks of elections shall be in the form prescribed in the first
section, of the eighteenth article of the revised constitution of
this State.
compensation (196) § 3715. SEC. 92. Each county canvasser and sheriff shall receive such reasonable compensation for their services while employed in the business of elections for county officers as shall be allowed by the board of supervisors or county auditors, to be paid by the county.
compensation (197) § 3716. SEC. 93. Each district canvasser or vasseSrs!Cettc.an" °ther person except county clerks, employed in canvassing and returning the result of the elections required by law to be certified by district canvassers to the board of state can- vassers, shall receive such compensation therefor as the board of supervisors of their several counties shall deem reasonable, to be paid out of the treasury of such counties.
NO civil pro- (198) § 3717. SEC. 94. During the day on which any serve1? on election shall be held, pursuant to the provisions of law, no of6eiectsion day civil process shall be served on any elector entitled to vote
at such election.
Term of office. (199) § 3718. SEC. 95. The person holding any office, at the expiration of the term thereof, shall continue to hold the same until his successor shall be elected or appointed and Term, when qualified ; and when any person shall be elected to fill a m vacancy in any elective office, he shall hold the same only during the unexpired portion of the regular term limited to- such office, and until his successor shall be elected and quali- fied.
MUNICIPAL AND TOWNSHIP ELECTIONS.
An Act to prescribe the manner of conducting municipal and township elec- tions and to prevent fraud and deception thereat.
[Act 194 of 1891.]
The People of the State of Michigan enact:
TO be governed (200) § 3658. SECTION 1. That all elections hereafter bygeneraiiaw, held in the various cities, villages and [townships] township
ELECTION LAWS. 75
in this State, shall be in conformity 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 relative to -the boards of election inspectors, the arrangement of polling places, the manner of voting and receiving votes, and the canvass and declaration of the result of such election, are hereby made applicable to such municipal and township elections, but the time for the opening and closing of the polls shall not be affected thereby.
(201) § 3659. SEC. 2. The township board of each whotobeeieo- township, and such persons as shall be elected therefor by SoSwsI^tcf" the common councils of the various cities and villages in this
State, shall be the board of election commissioners for such township, city, or village respectively, and 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, and like duties and privileges as are enjoined and granted by the laws governing general elections upon the various committees of the different political organizations are hereby prescribed for the city, village, or township com- mittees in elections held pursuant hereto ; except that it shall vignette not not be necessary for the committees of the different political n< organizations to furnish a vignette or heading for the ballots other than to designate the name of the party or political organization which they represent.
ELECTION COMMISSIONERS : Peck v. Supervisors, 102 / 355. The board cannot print upon the ballot the name of a candidate not nominated by an assemblage or meeting of electors. — Chateau v. Jacob, 88 / 171.
(202) § 3660. SEC. 3. In municipalities governed by committees to this law, the names of candidates shall be given by the com- £ujm'sh names» mittees of the various political organizations to the board of
election commissioners of such municipality not less than five days before each election, and the proof copy of the ballot shall be open to the inspection 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.
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.
[Act 180 of 1877.]
The People of the State of Michigan enact:
(203) § 3719. SECTION 1. That at every general, spec- Names on pon ial. township and charter election in this State, it shall be numbered in the duty of the inspectors of election of each voting precinct, figures. to cause to be numbered in figures, and in numerical order,
76
STATE OF MICHIGAN.
Endorsement of number on ballot in case of challenge.
the name of every person entered upon the poll lists required by law to be kept at such election; which figures shall be placed against the names on such poll lists at the time of the entry of said names thereon.
(204) § 3720. SEC. 2. Whenever, at any general, spec- ial, township or charter election, in this State, the ballot of any person who has been challenged as an unqualified voter, and who has taken the oath provided by law in such case to be taken, shall be received by the inspectors of election, it shall be the duty of said inspectors to cause to be plainly en- dorsed on said ballot, with pencil, and in the manner herein- after provided, before depositing the same in the ballot box, the number corresponding to the number placed against such voter'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: Pro- vided, 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.
(205) § 3721. SEC. 3. To prevent the identification of said ballot, except as hereinafter provided, it shall be the duty of the inspectors of election to cause to be securely attached to said ballot, with mucilage or other adhesive substance, a slip or piece of blank paper, of the same color and appear- ance, as near as may be, as the paper of the ballot, in such manner as to cover and wholly conceal said endorsement, but not to injure or deface the same; and if any inspector, clerk, or other officer of an election shall afterward expose said endorsement, or remove the said slip of paper covering the same, or attempt to identify the ballot of any voter, or suf- fer 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 the provisions of compiler's section seven thousand seven hundred and sixty-nine of the compiled laws of eighteen hundred and seventy-one.
Other figures to be canceled.
Proviso— bal- lots defaced, etc., to be refused.
Endorsement to be concealed with blank
Penalty for
exposing
endorsement.
The section above referred to is section 336 infra.
Proceedings in ca,se of contested election.
(206) § 3722. SEC. 4. In case of a contested election, on the trial thereof before any court of competent jurisdic- tion in this State, it shall be competent for either party to the cause, to have produced in court the ballot boxes, bal- lots 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 bal- lot of such person was received as provided in section two of this act; and on such trial, the correspondence of the num- ber endorsed on a ballot as herein provided, with the num- ber against the name of any person on the poll lists, shall be received as prima facie proof that such ballot was cast by
ELECTION LAWS. 77
such person : Provided, That the ballot of no person shall Proviso— in- be inspected or identified, under the provisions of this act, bauot?n °f unless such person shall consent thereto in writing, or un- less 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.
(207) § 3723. SEC. 5. After issue joined in any case proceedings of contested election, either party to the cause may present
a petition to the court before which the said cause is to be tried, setting forth among other things, that the petitioner 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 quali- fication of such voter or voters to vote at said election, which petition shall be verified by the oath of the petitioner or some other person acquainted with the facts ; and thereupon issue to deter- the court shall direct an issue to be formed, within a time to be fixed therefor, for the purpose of determining the ques- tion of the qualification of the voter or voters named in said petition, 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 principal issue in said cause, as conclusive evidence to establish or to disprove the said qualifications of said voter or voters.
See notes to section 135.
(208) § 3724. SEC. 6. On said trial, it shall be the duty Judge to re- of the judge presiding thereat, and of no other person, toSSSffil remove from all ballots the slips of paper concealing the said 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 s the same, in the same manner as is provided in section three of this act, for the inspectors of election.
78
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 pre- scribe the term of office and the powers and duties, thereof and to repeal all acts and parts of acts contravening the provisions of this act.
[Act 149 of 1895, as amended.]
The People of the State of Michigan enact: .
(209) § 3662. SECTION 1. That at the regular annual meeting of the board of supervisors 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 together 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 can- vassers: Provided, That no person shall be eligible to mem- bership 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 supervis- ors shall, at the time of electing such board of county canvass- ers, 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 supervisors of said county at their regular annual meeting. Said board of super- visors 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 vacancy on said board on account of disability, absence or other 'cause.
Am. 1899, act 224.
See section 222 for an act to provide special canvass for votes for State senators and representatives.
The above act supersedes sections 43-48 of the act of 1851.
Oath required (210) § 3663. SEC. 2. Each member of said board of of canvassers. county canvassers shall qualify by taking the oath of office
required of inspectors of election, to be administered by the Term of office, county clerk, and shall hold office for a term of two years, or
until his successor is appointed and shall have qualified. when board to (211) § 3664. 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 member of board. Proviso.
Supervisors to fix compen- sation.
Proviso as to
Wayne
county.
ELECTION LAWS. 79
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 they* number to act as chairman,
except as is especially provided in section one of this act. The county clerk
county clerk shall act as clerk of said board, but, in the event board.derk °f
of kis unavoidable absence, the board may select one of his
deputies to act in his stead. In case of any vacancy on said vacancy, how
board, by reason of absence or disability under the provisions fil
of this act, it shall be filled by the members of the board pres-
ent, 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.
(212) § 3665. SEC. 4. The said board shall then pro- Board of ceed without dela to canvass the return of votes cast for all ?SSsere ™n~
candidates for office voted for and all other questions voted on
at said election, according to the returns filed in the office of
the county clerk by the several boards of election inspectors
of the various voting precincts in the county, and the returns
or tally sheets filed with the board of canvassers by the cen-
tral counting board in counties where a central counting
board is provided for counting the ballots cast in said county
or any part thereof in lieu of their being counted by the elec-
tion inspectors of the voting districts. If it shall be found, May adjourn.
upon the convening 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, incomplete, 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. Said May summon
board of canvassers are hereby empowered to summon the perSEsUaving
person or persons having the boxes containing the ballots Sxes?etfc.
cast at such election and the keys and seals of said boxes,
or having such returns or the poll books or tally sheets used
and made at such elections, to bring said boxes, keys, seals,
returns, poll books and tally sheets before said board and
said board of canvassers are authorized to open said boxes May open
and take therefrom any books or papers bearing upon the boxes> etc-
count and return of the election inspectors of such election
districts or the returns of such central counting board, but
they shall not remove or mark the ballots therein. . Said board May summon
of canvassers may summon such election inspectors, or central 1aIppear°arndto
counting board, before them, and require them to make cor- JJfunis?etc.ct
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 boxes
papers is completed the same shall be returned to the ballot {? be*1*"
boxes or delivered to the persons entitled by law to the same, returned.
80 STATE OF MICHIGAN.
and the boxes shall be locked and sealed and delivered ta TO prepare the legal custodians thereof. When said canvass shall have 0 been finished, the said board of county canvassers shall pre- pare a statement setting forth their findings in the premises, and giving in detail the number of ballots cast for each can- didate and the result of the votes cast on all other questions HOW certified, voted on at said election. They shall certify thereto, under their hands, and the seal of the circuit court of the county, when to de- It shall also be the duty of said board to declare the result for^oimty1 of the election for county officers and members of the legis- ?a?ureSetcegis~ lature, when the county alone constitutes one or more sena- Resuit,ehow torial or representative districts, and to publish said result published. an(j a statement of votes cast, within thirty days after said election is held, in at least two newspapers printed and cir- culating in said county.
4m. 1899, act 224; 1901, act 67; 1905, act 43.
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 contemplated' 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 deter- mining 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 ofiicers, presidential electors, members of congress and members of legislature, see Pound v. Bd. of Canvassers, 120 / 181.
See notes to section 124.
when two (213) § 36G6. SBC. 5. If it shall appear on the canvass
?qrua?nuhmbtr of the votes polled at such election for members of the leg- of votes. 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 i county or district in which such election was held, shall ap-
point a day for the appearance of all such persons before the proper officer hereinafter provided, for the purpose of deter- mining by lot among such persons the right to such office, and shall cause notice thereof to be given to all such persons Method of interested. The officer before whom such drawing is to take ots* place shall prepare as many slips of paper as there are such persons, and write the word "Elected" on as many slips of paper as there are offices to be filled, and the words "Not elected7' on the remaining slips, and fold the same so as to conceal the writing, and so that they may appear as near alike as 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," shall be deemed legally elected
ELECTION LAWS. 81
to the office in question ; and the officer conducting such draw- ing shall forthwith give him a certificate of such election. If the drawings under the provisions of this section are for if for senator the office of senator or representative in the State legislature, ^ver!SrSia- and the district exceeds the limits of a single county, then ture- 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 county clerk is in question the drawing shall take place be- ffffqiSSoo. fore the sheriff of the county.
(214) § 3667. SEC. 6. It shall also be the duty of said county clerk clerk of the board of county canvassers, within five days from cSpfe^oT1 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 president and vice president of the United States, members of congress 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, one TO whom to the secretary of state, and one to the state treasurer. The be^Swardld. original shall be kept on file in the office of the county clerk.
(215) § 3668. SEC. 7. It shall be the duty of the county secretary of clerk to furnish certified copies of the original of said canvass clivlcopy" on file in his office to the secretary of state upon the request uP°n request. of said secretary of state, and without charge. And if upon
receipt of said certified copies by the secretary of state, there shall appear to be clerical errors in the same, it shall be the duty of the county clerk, upon written request of the secretary of state so to do to forthwith prepare corrected copies of said original canvass on file in his office and transmit the same in the manner prescribed in section six of this act.
(216) § 3669. SEC. 8. In case the clerk of the board of Penalty for county canvassers shall neglect or refuse to perform, in the county ^ferk. manner herein prescribed, any of the duties hereinbefore feet
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.
(217) § 3670. SEC. 9. Any member of said board of county canvassers who shall knowingly violate any of the pro- visions of this act or shall wilfully neglect or refuse to per- form any duties enjoined upon him hereby, or shall sign any board- 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 both such fine and imprisonment in the discretion of the court. 11 •
82
STATE OF MICHIGAN.
Candidate conceiving himself ag- grieved.
May petition for correction, when.
Deposit required.
Deposit for- feited when case not es- tablished.
(218) § 3671. SEC. 10. Any candidate voted for at any election at which State, county or district officers are voted for, 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 meet, 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 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 district referred to in his petition: Provided, That no can- didate 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.
Held that a candidate for a state office, such as circuit judge, is not entitled to a recount under this act. — Pound v. Board of Canvassers, 120 / 181; Att'y Gen. v. Campbell, 130/285; Att'y Gen. v. Campbell, 132/82.
Board to in- vestigate pe- tition, when.
Board to re- count votes in public and make return.
Ballots to be returned to boxes.
Return of re- count to be deemed correct
(219) § 3672. SBC. 11. Upon filing the petition and making the deposit required in the preceding section, and giv- ing at least twelve hours' written notice thereof to the oppos- ing candidate, by handing to such candidate a copy thereof, or, if such candidate cannot be found, by leaving such copy at his last place of residence, it shall be the duty of such board of canvassers to investigate the facts set forth in said peti- tion. For such purpose the said board shall have power to cause the ballot boxes used in such election districts to be brought before them. The board shall, thereupon, in some public place where such candidates 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 recount thereof as to such candidates, and make correct and full return in writing under their hands to said board, showing the full number of votes given, the names of the can- didates, and the number of votes given to each, written out in words and figures as upon the ballot. As soon as the re- count is completed, said board shall, at once, return the bal- lots to 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 can- vassers upon recount shall be deemed to be correct, anything in the previous return from such township, ward or district, to the contrary notwithstanding.
See citations under previous section.
ELECTION LAWS. 83
(220) § 3673. SEC. 12. Any candidate not receiving a candidates certificate of election, may, for error apparent upon the face drc
of the returns, have the same examined and corrected upon when- certiorari to the circuit court of the county according to the rules and practices applicable to such rights. In all cases Deposit to be where, by reason of such recount, the petitioner succeeds in whendedf establishing fraud or mistake as set forth in his petition, and receives a certificate of election, the money deposited by him shall be refunded. For fraudulent or illegal voting, or tamp- ering 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.
(221) § 3674. SEC. 13. The provisions of this act shall Act to apply apply to special elections to fill vacancies in any of the offices elections. mentioned in section four of this act, and at all elections at
which any proposition shall be submitted to the electors of any county.
Section 14 repeals "all acts or parts of acts contravening the provisions of this act."
SPECIAL CANVASS FOR STATE SENATOR AND REP- RESENTATIVE TO FILL VACANCIES.
An Act to provide for a special canvass of votes cast in elections to fill vacancies in the office of State senator and representative held during a session of the legislature.
[Act 24 of 1895.]
The People of the State of Michigan enact:
(222) § 3691. SECTION 1. That in case of a special elec- Board of can- tion held to fill a vacancy in the office of State senator or of representative in the State legislature during a session of the legislature, the board of county canvassers shall meet on the Thursday next succeeding the day on which the election is held, and the board of district canvassers shall meet on the succeeding Saturday, and shall make the canvass and de- clare the result of such election as now provided by law in case of general elections in this State.
UNIFORMITY IN RETURNS.
An Act to secure uniformity in election returns. [Act 49 of 1867.]
The People of the State of Michigan enact:
(223) § 3733. SECTION 1. That the secretary of state be required to prepare and transmit, at least sixty days before
84
STATE OF MICHIGAN.
any general or special election at which other than township officers are to be elected, to the several county clerks, suitable blank forms, to enable inspectors of elections' and township or city clerks to make returns of elections to the respective county or .district board of canvassers.
Duty of (224) § 3734. SEC. 2. That the several county clerks
county clerks. gjlaj]? after receiving the blank forms, and at least ten days before any general or special election, at which officers shall be elected requiring the transmission of a statement of votes to a board of canvassers, deliver to the several township or city clerks of their respective counties a sufficient number of such blank forms to enable said township or city clerks and inspectors of elections to make returns of such general or special election, to the respective boards of canvassers as required by law.
Petition for correction of canvass, to whom made, etc.
Proviso limit- ing amount of
When board of canvassers to make in- vestigation.
CORRECTION OF FRAUDS AND ERRORS IN RETURNS.
An Act to provide for the correction of frauds and mistakes in the canvass and returns made by inspectors of elections.
[Act 208 of 1887, as amended.]
The People of the State of Michigan enact:
(225) § 3725. SECTION 1. That any candidate voted for at any election, conceiving himself aggrieved on account of any 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 township office) or on or before the close of the last day upon which the board of city canvassers meet, if a city or ward office, or board of village canvassers, if a village office, present to and file with the clerk of such board a written petition, which shall be sworn to, setting forth, as near as may be, the errors, mistakes or frauds complained of, and the township, ward or village in which they occur, and asking for a cor- rection 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 : Pro- vided, That no candidate shall be required to deposit more than one hundred dollars, which sum shall be paid in case such petitioner does not establish a fraud or mistake, as set forth in his petition, by the clerk of the board of city can- vassers, to the city treasurer for the use of the city and by the clerk of the village to the village treasurer and by the town- ship clerk to the township treasurer for the use of the city, village or township, as the case may be. Upon filing such petition, making such deposit and giving at least twelve hours' written notice thereof to the opposing candidate by handing to such candidate a copy thereof, or if such candi- date cannot be found, by leaving such copy at the last place
ELECTION LAWS. 85
of residence, it shall be the duty of such board of canvassers to proceed to make an investigation of the facts set forth in said petition. For which purpose the clerk, if no meeting be cierk to call already appointed, shall call a meeting of such board of can- vassers and the said board shall have power to cause the ballot boxes used in such election districts to be brought before them. The said board shall thereupon appoint a com- HOW com- mittee of their own number as follows : The said board shall investigation designate a member who shall be the chairman of said com- aPP°mted- mittee, the candidate presenting such petition and the can- didate opposed thereto shall each choose a member, and if such candidates, or either of them, decline to choose a mem- ber, then the board shall designate, and the three thus chosen shall constitute a committee to investigate the errors, mis- takes or frauds complained of. Said committee shall, in committee to some public place, where such candidates and their counsel S*^3^1111* may be present, if they so desire, without unnecessary delay proceed to open the ballot boxes from such village, townships or wards, and to make a recount thereof as to such candi- dates, and make correct and full returns in writing under their hands to said board, showing the whole number of votes given, the names of the candidates, and the number of votes given to each, written out in words and figures as upon the ballots. Said committee, upon making such recount, shall at Ballots to be once return the ballots to their respective boxes, carefully botxes!ed fasten and seal the same and deliver them 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 be™rceptedto same as correct, anything in the previous (declaration, certifi- as correct, cate or) returns from such township, ward or village to the contrary notwithstanding. Any candidate not receiving a Appeal to cir- certificate of election, may for errors apparent upon the face CIJ of the returns have the same examined and corrected upon certiorari to the circuit court of the county, according to the rules and practice applicable to such writs. In all cases when where, by reason of such recount, the petitioner succeeds in reetu0rnedtoto e establishing a fraud or mistake, as set forth in his petition, petitioner, and receive a certificate of election, the money deposited by him shall be refunded. For fraudulent or illegal voting, or Remedy for tampering with the ballot boxes before a recount by the board ^oting^c. of canvassers, the remedy by quo warranto shall remain in lull force, together with any other remedies now existing. (The usual final adjournment of a township board of can- Final adjpum- vassers shall be deemed subject to the recall of the board as Serecaii. J6C1 herein provided.)
PURPOSE OF THE LAW: It was intended by this act to give a party aggrieved by the action of the inspectors of election and the board of city canvassers the right to a recount of the votes cast for and against him for the office for which he was a candidate, in the first instance at least, if he should desire it, without resort to proceedings by quo warranto. — McKenzie v. Canvassers, 70 / 151 ; May v. Canvassers, 94 / 510. The evident purpose of this act was to provide for a recount antecedent to the determination by the county canvassers of the number of votes cast for the office as to which •
the recount is applied for. It was clearly intended that, in case of various
86
STATE OF MICHIGAN.
contests arising before the board, different committees could be appointed and the count in all cases proceed at once. The board acting on a contest may well be held to constitute a special tribunal, when in session, only for the purpose of considering such contest. It was not the legislative intent that a presentation of the application to the body, when so acting, and after a full performance and determination of the result as to the candidates for other offices should entitle the party presenting such petition to a recount. — Newton v. Canvassers, 94 / 458. Electors are not to be deprived of the re- sult of their votes by the mere mistakes of election officers which do not appear to have affected the result. But, on the other hand, where fraud appears upon the part of the inspectors, the voter must sometimes be deprived of his vote ; and this must always be the case where mandatory provisions of the election law are disregarded, if the result would be thereby changed. — Att'y Gen. v. Stillson, 108/419.
The only way to try titles to office finally and conclusively is by quo warranto. — Frey v. Michie, 68 / 324.
ENFORCEABLE BY MANDAMUS : The right to a recount, upon com- pliance with the provisions of this act, is enforceable by mandamus. — May v. Canvassers, 94 / 510 ; McKenzie v. Canvassers, 70 / 147 ; Packard v. Can- vassers, 94 / 450.
APPLICATION TOO LATE : An application by a candidate for supreme Judge to a board of county canvassers under this act made on the last day on which the state canvassers can canvass the returns and issue the cer- tificate of election, is not in time. — Newton v. Canvassers, 94 / 455 ; Drennan v. Com. Council. 106/117.
WHEN ACT DOES NOT APPLY: This act and the next following do not apply in the case of members of a common council in a city whose council is made the sole judge of the election of its members. — Weston v. Probate Judge, 69 / 600 ; Naumann v. Canvassers, 73 / 252 ; Aud. Gen. v. Supervisors, 89 / 567 ; Hilton v. Grand Rapids Com. Council, 112 / 500. But these acts apply in cases where the council is not made by the charter the judge of the election and qualification of its own members. — McKenzie v. Canvassers, 70 / 147. These acts do not apply to the office of state senator. — Wheeler v. Canvassers, 94 / 448. Nor congressmen. — Belknap v. Canvassers, 94 / 516. Nor circuit judge. — Vance v. Canvassers, 95 / 462.
EFFECT OF RECOUNT MADE: When the board has recounted and de- clared the result, it becomes functus officio and the remedy of the party claiming to be aggrieved is by a quo warranto proceeding to test the validity of the election — Packard v. Canvassers, 94 / 451.
. See also Lamoreaux v. Att'y Gen., 89 / 146 ; Johnson v. Bd. of Canvassers, 101 / 191.
PRESERVATION OF EVIDENCE OF ERROR OR FRAUD.
An Act to preserve evidence of error or fraud in the counting of ballots and in elections [election] returns, and in the count of inspectors of elections [election] and the declaration of the board of canvassers hi contested elections.
[Act 293 of 1887.]
The People of the State of Michigan enact:
(226) § 3726. SECTION 1. That any candidate voted for a* any election in this State intending to contest the samer ma^> after the decision of the board of canvassers and with- out waiting to commence quo warranto proceedings, by peti- tion to the probate judge of the county in which the election is held, cause the ballot boxes, or such number of them as he may specify in his petition, to be brought before the board of examiners created by section six of this act, and by said board to be opened and the ballots therein counted : Pro- on- vided, That at the time of filing such petition he shall deposit thirty dollars with such judge of probate, which amount shall be disposed of as hereinafter provided.
Petition to
tion.
Proviso as to
ELECTION LAWS. 87
See notes to preceding act. The supreme court has held this act too de- fective to be executed, unless by common consent. — Andrews v. Probate Judge, 74 / 278.
PETITION : The petition must show whom the canvassers have decided to be elected, in order that notice of the contest may be given him. — And- rews v. Probate Judge, 74/278.
This act does not apply to a city whose common council Is charged with the duty of canvassing the votes cast for, and given the exclusive right to determine the election, and qualification of. the officers whose election is sought to be contested, which duty it has discharged, and right exercised, with- out objection by any one. — Weston v. Probate Judge, 69 / 600 ; Naumann v. Board of City Canvassers, 73/252.
See Hilton v. Gd. Rapids Com. Council, 112/501.
(227) § 3727. SEC. 2. Said petition shall set forth that what petition the petitioner was a candidate for the office claimed by him, shaU set fortb* and by him intended to be contested, and that he received
votes therefor; that he has good reason to believe and does believe either —
First, That there was error or fraud in the count or in the returns of the inspectors of elections; or,
Second, That there was error or fraud in the count or deter- mination of the board of canvassers; or,
Third, That there was error or fraud in both, and that it is his bona fide intention to contest the count and returns of the inspectors of election, or the count or determined result of the board of canvassers of said election, or of both, and further stating that he believes that unless the ballot boxes are opened and the ballots therein counted without unneces- sary delay his rights will be jeopardized. Said petition shall be in writing, and shall be subscribed and sworn to by the petitioner, or by some one in his behalf, and a copy thereof shall be served upon the person or persons who were can- didates for said office at said election.
Andrews v. Judge of Probate, 74 / 278.
(228) § 3728. SEC. 3. Upon the filing of said petition Duty .of pro- the probate judge shall notify the members of the board of Sj examiners created by section six of this act of the filing of petition. the said petition and shall in the notice appoint a time and
place for the board of examiners to meet, and shall issue an order causing the ballot boxes to be brought before the board of examiners created by section six of this act at a place and at a time specified in the order, which shall not be less than two, nor more than ten days from the issuing thereof; and a copy of said order shall be served upon the persons whose election is to be contested, and also upon the officer in whose custody is kept the ballot boxes of said elec- tion, 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 commou consent, in this : (a) — No provision is made for the appointment of a time when the board of examiners will be appointed, or for the notice to the suc- cessful candidate to appear and take part in the formation of the board . (b) — There is no provision for a case where the examiners appointed refuse to serve, nor any requiring them to take an oath before proceeding to the dis- charge of their duties, (c) — The act should require the inspectors entrusted 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.
88
STATE OF MICHIGAN.
when ballot (229) § 3729. SEC. 4. Upon the day and at the place brought0 before specified in the order the boxes shall be brought before the Sainuiers0eftc board of examiners created by section six in [of] this act, and opened by and in the presence of the board of examiners and the judge of probate, and the ballots therein shall be counted by said board. And the board of examiners above mentioned shall proceed to count the ballots in said boxes, and continue the same from day to day until the completion of the count thereof, and shall make a statement in writing of the result of the said count, and each member thereof shall sign the same, and it shall be sworn to by each member of said board before the judge of probate and the said sworn statement shall be deposited by the judge of probate in the office of the county clerk, and shall be conclusive evidence in any subsequent proceeding at law of the ballots cast in boxes so opened.
Andrews v. Probate Judge, 74 / 285.
(230) § 3730. SEC. 5. After the ballots are counted they shall 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.
(231) § 3731. SEC. 6. The board of examiners to carry into effect the provisions of this act shall consist of three per- sons, who shall be electors of the county in which proceedings are had, one appointed by the candidate presenting such peti- tion, one by the candidate opposed thereto, and one by the judge of probate. They shall sit together before the judge of probate [probate judge] at the time and place specified in his order, and said probate judge shall preside over all meetings of said board in accordance with the provisions of this act. If the candidate presenting such petition or the candidate opposed thereto shall decline to so choose a member then the judge of probate shall designate, and the three thus chosen shall constitute the board of examiners: Provided, however, That when there is a recount demanded of the ballots cast for the office of judge of probate then the county clerk shall serve in the place of the judge of probate and perform the duties herein imposed upon the judge of probate in other cases.
(232) § 3732. SEC. 7. Whenever a contestant, in the opinion of the 'board of examiners created under this act, es- tablishes the truth of his allegations in his petition for a recount, the fee of thirty dollars deposited with the judge of probate as provided for in section one shall be returned to him. If he does not establish the truth of his. allegations, then in such case the fee shall be paid to the county treasurer to be put into the contingent fund of the county.
Section 8 repeals "All acts or parts of acts contravening the provisions of this act."
Ballots, after being counted, shall be
Board of ex- aminers, of whom to con- sist, etc.
Proviso.
When fee de- posited with judge to be returned to contestant.
ELECTION LAWS. 89
CHAPTER V.— ELECTION DISTRICTS IN TOWNSHIPS AND VILLAGES.
An Act relative to dividing townships and villages into^election districts and to provide for the registration of electors in such cases.
[Act 203 of 1877.]
The People of the State of Michigan enact:
(233) § 3582. SECTION 1. That in any township in the Division of State of Michigan the township board thereof may divide said e?SnPdis-nt(> township into two or more election districts : Provided, Such tricts division be made at least twenty days previous to the first Pr(mso- general election or township meeting thereafter and a dia- gram of the boundaries of each district be posted therein in
three or more public places with a plain description and the number of the same, not less than fifteen days previous to such election or township meeting : Provided further, That Further no township shall be so divided unless it contains at least pro three hundred electors.
(234) § 3583. SBC. 2. The township board of such town- Boundaries ship shall enter upon their record the boundaries and num- ?? b^enterS ber of each of said election districts, commencing at number on 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 township meeting as required by section one of this act for establishing the boundaries of such district. They Notice of first shall also give six days' notice of the place in each district el< of holding the first election or township meeting therein.
(235) § 3584. SEC. 3. The township officers of said Boards of in- township, who, by existing laws, constitute the board of in- Sections *in specters of election in said township, shall be the board of jj-^011 dis" inspectors of election in election district numbered "one" therein, and two justices of the peace and the treasurer of
said township shall be the board of Inspectors of election in election district numbered "two," and in case there shall be more than two election districts in any township the town- ship board shall for the remaining districts appoint three freeholders, who shall be residents and qualified electors of the district in which they shall serve, to constitute a board of inspectors of election in such remaining district, and shall hold their office until their successors are elected and qualify, and shall be known as "district inspectors of elec- tion." The manner of such election of inspectors shall be by Manner of ballot as for township officers chosen by ballot, and the bal- lot shall contain the name of the person voted for and the words "inspector of election" added thereto, and the three persons receiving the highest number of votes in said district for said office shall be the board of inspectors of election for 12
90
STATE OF MICHIGAN.
Inspectors of election, their powers and •duties.
Compensation and oath of office.
Electors to vote in district in which they reside.
Registration of electors in •districts.
the ensuing year in such district, and until their successors are elected and qualify.
(236) § 3585. SEC. 4. The boards of inspectors of each district shall be inspectors of elections in each election or township meeting held therein. They shall appoint one of their number chairman of the board, shall administer oaths, make appointments, and have the same powers and authority for preserving order and enforcing their commands and all other powers for proceeding with the elections in said dis- trict, and shall conduct the elections therein, in the same man- ner as now or hereafter directed by law for township inspec- tors of general elections held in this State, unless herein otherwise provided. They shall receive the same compensa- tion of township inspectors from the township, and before entering upon their duties shall take and subscribe the oath of office prescribed Jby the constitution.
(237) § 3586. SEC. 5. The electors of each district shall vote in the respective districts in which they reside, and for which they are registered, except such as are required to act as inspectors of election, who may vote at the polls where they act as inspectors.
(238) § 3587. SEC. 6. The board of registration of said township shall complete the registration of electors of each district in separate district registers, and shall transcribe to such district register from the township register the names of such electors as they know are qualified electors and resi- dents of such district, and shall cause such district register to be present at every election for the use of each district board of inspectors; and for the purpose of perfecting the registration of electors in any election district said board of registration may appoint a resident qualified elector of such district, who shall make and subscribe the oath of office re- ferred to in section four of this act, and said elector with one of the members of said board of registration may hold meet- ings not to exceed three in number, of one day each, giving suitable notice thereof, at such time and place in said district as said township board of registration shall direct, and after completing said district registration in the manner prescribed by existing law for the registration of electors, and before the next coming election, shall return said district register to the custody of said township board of registration.
(239) § 3588. SEC. 7. The district inspectors of elec- tions shall, without adjourning, publicly canvass the votes received by them, the same as prescribed by law for canvassing votes at the general elections in this State, except as herein otherwise provided, and shall on the same day make a state- ment in writing, setting forth in words at full length the whole number of votes given for each office, the names of per- sons for whom such votes for each office were given, and the whole number of votes given upon each question voted upon, and the number [of votes] given for and against the same;
•Canvass of votes in dis- trict.
ELECTION LAWS. 91
which statement shall be certified, under the hands of the in- official spectors of election of such 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 elec- tors 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 official canvass of said town- ship.
The provisions of this section for consolidating the reports of district in- spectors is superseded, so far as relates to the manner of the return by inspectors, by the election law of 1891. — Belknap v. State Canvassers, 95 / 155. For law of 1891 see sections 111-155.
(240) § 3589. SEC. 8. The electors of each election dis- Time of meet- trict shall meet at one o'clock in the afternoon at the polling iogtrafnesact°r£ place of each district respectively to transact such business
as is usually transacted at township meetings by viva voce vote, and shall count or canvass the votes on each and every question which shall be submitted to them, and the result of such vote shall be counted and reported to the board of in- spectors of election of precinct number one, and shall be by them consolidated and canvassed in the same manner as pro- vided by section seven of said act : Provided, That all ques- Proviso as tions proposed to be acted upon shall be previously reported to the township board and by them reported to the board of inspectors of election of each precinct on the morning of elec- tion, and that no question shall be entertained that is not so reported.
Aud. Gen. v. Duluth, etc., R. Co., 116/125.
(241) § 3590. SEC. 9. The president and trustees of any Division in incorporated village may divide said village into as many elec- vlUa^es- tion districts, containing as nearly as possible an equal num- ber 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 in said village, a description of the boundaries of said dis- trict, and the place of holding the first election therein, and the number of said district.
(242) § 3591. SEC. 10. Said president and trustees shall g|cord, where make a record of the boundaries and number of each election district and file the same with the clerk of the village so divided, and may change the same by giving the notice be- fore the ensuing election as required by [in] section nine of
this act.
(243) § 3592. SEC. 11. The officers of said village who, inspectors of by existing law, act as a board of inspectors of election of e
said village shall, under this act, constitute a board of inspec-
92
STATE OF MICHIGAN.
Term of office of inspectors.
Manner of conducting elections.
tors for election district numbered "one" of said village, and one of said trustees, with two qualified electors who are free- holders, the latter of whom shall be residents of the election districts in which they serve, shall constitute a board of in- spectors 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 qualify.
(244) § 3593. SEC. 12. Each board of district inspec- tors of election shall appoint one of their number chairman, and shall conduct the election in said district with the same power and authority and in the same manner, unless herein otherwise provided, as now or hereafter directed by law for inspectors of general elections held in this State, unless herein otherwise provided, and shall, at the closing of the polls, without adjourning, publicly canvass the votes received by them the same as in general elections, and declare the re- sult, and shall on the same day make a statement in writing, setting forth the whole number of votes given for each office, the names of persons for whom such votes for each office were given, and the number of votes so given for each person ; which statement shall be certified under the hands of the inspectors of such election district to be correct, and they shall deposit such statement and certificate on the day of election, to- gether 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
Canvass of votes in dis- tricts.
Official canvass of village.
Registration of electors in villages.
May abolish divisions into election dis- tricts.
Proviso.
reports from each district upon each question and proposition, and what persons were duly elected, and the result thereof shall be the official canvass of such village.
(245) § 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 provided, then by existing laws for registration of electors, and all such persons appointed or elected as herein provided shall, before entering upon the duties of their office, make and subscribe the constitutional oath of office of this State, and said villages may provide for the payment of such officers.
(246) SEC. 14. The township board of any township which has been or may hereafter be divided, into two or more election districts under the provisions of this act, may at any time abolish said division into election districts, and said action so abolishing said division into election districts shall be entered upon the records of said board, and subsequent elections in said township shall be conducted in the same man- ner as if no division of said township into election districts had ever been made: Provided however, That this act shall
ELECTION LAWS. 93
not apply to divisions made by special act of the State legis- lature.
Added, 1901, act 21.
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 delegates elected thereat, and the corruption and attempted corruption of such delegates.
[Act 135 of 1895.]
The People of the State of Michigan enact:
(247) § 3514. SECTION 1. That the word "primary" in HOW the word this act shall be construed to mean an assemblage of voters be construed0 of any political party duly convened for any of the purposes
set forth in this act, and that the words "primary elections," as used in this act, shall be construed so as to embrace all elections held by any political party, convention, organiza- tion or delegation therefrom, for the purpose of choosing can- didates for office, or for choosing delegates to any convention or conventions to be held by the party holding such, primary, or for the purpose of electing officers of any political organ- ization, convention or association.
See sections 356-364 for the protection of primary elections and conven- tions.
(248) § 3515. SEC. 2. The primaries of any political Primaries to parties in cities included in this act, shall be held by the dffferent"1 several wards of each such city, and all the wards shall hold ^mestfme.he their primaries for the same party at the same time : Pro- Proviso as to vided, That in any city whose population is fifty thousand and JnarVeSn vot- not more than one hundred and fifty thousand, such primaries ins precincts, 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 fail- in case ward ing to hold its party primary at the time designated therefor, primary? as provided in section three of this act, shall not be repre- sented at the election or convention of its part}7, so far as relates to the special purpose for which such primary was called.
(249) § 3516. SEC. 3. The time for holding the prima- ries in any city shall be determined by the principal commit- tee 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 city or ward committee of the respective parties in the same manner as provided in section nine of act three hundred and three of the session
94
STATE OF MICHIGAN.
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 mentioned is section 364 of this compilation.
When coun- cil may pro- vide booths.
Proviso as to notice on clerk.
Time of hold- ing primaries in cities.
Board of in- spectors to preside at primaries.
Members of ward commit-
Two inspectors to be chosen.
Vacancy, how filled.
Who eligible to vote at primaries.
(250) § 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.
(251) § 3518. SEC. 5. The primaries in any city affected by this act and containing less than thirty thousand inhabit- ants shall be held between the hours of four and eight o'clock p. m., standard time. The primaries in any city affected by this act and containing more than thirty thousand inhabit- ants shall be held between the hours of two o'clock and eight o'clock p. m., standard time.
Am. 1899, Act 22.
(252) § 3519. SEC. 6. Each primary shall be presided over by a board of inspectors, which shall be composed of a chairman, who shall be a member of the ward committee of the party holding said primary, residing in the ward where the primary is held, and of two qualified voters chosen from the residents of said ward, and who shall belong to the party holding such primary. Each political party desiring to hold primary elections shall, at the first primary election after this act takes effect, elect a member of the ward committee and two inspectors of primaries for each ward or voting precinct, whose term of office shall be for two years. At the first pri- mary held after this act takes effect, each political party shall choose two inspectors, and if there be no member of its ward committee, also a chairman of such committee, by a viva voce vote of the electors of the party holding such primary present at the opening of said primary. And if any member of such board of primary inspectors shall be absent, or for any reason be disqualified from sitting on the board of which he is a member, such vacancy shall be filled by a viva voce vote of the voters of the party holding such primary at the opening of the same.
(253) § 3520. SEC. 7. No voter whose name does not appear on the registration list of the last preceding election, or when the committee of any party shall have adopted party registration and his name does not appear upon [such] each party registration books, shall be allowed to vote at any pri-
ELECTION LAWS. 95
mary : Provided, If any qualified voter whose name does not Proviso as to appear on said registration list or on the adopted party reg- ttoSonSfL 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 pro- posed voter claims to reside) ; that you have lived there more than ten days prior to this day; that you are a member of the (here name the party holding the primary) ; that you are a qualified voter of this State and of the United States, and that you have not voted at any other primary election in any other ward or voting precinct than this since last election, so help you God." If after taking the foregoing oath said in case voter voter shall be challenged on the ground that he is not a resi- dent of said ward or voting precinct, the board of inspectors shall, before his vote is received, require him to produce before said board, some well known and reputable resident of said ward or voting precinct, who will make oath that, he knows the person desiring to vote, the place of residence of said per- son, how long he has lived there, his occupation, and to answer such other questions as may be put to him concerning the qualifications of said applicant to vote at said primary. If WaeibJre- from the oath of such person the board is satisfied that such ceived applicant is a qualified voter and resident of said ward or voting precinct, said vote shall be received, otherwise it shall be rejected. Any person swearing falsely under the pro- visions of this section, upon conviction thereof before any court of competent jurisdiction, shall be subject to all the pains and penalties of perjury.
TEN DAYS : Amendment of 1894 to the constitution changes the time of residence in ward, etc., from ten days to twenty days.
(254) § 3521. SEC. 8. Only qualified voters identified wTith the party or organization holding such primaries, and maries6 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 Perscdistjh^ on the ground that he is not a member of such party he shall thegfoiiowing be required to take the following oath, to be administered by oath- any person authorized by law to administer oaths:
96
STATE OF MICHIGAN.
STATE' OF MICHIGAN, COUNTY OF . .
ss.
I do solemnly swear that I am a (name of party or organ- ization) and a resident of this ward for the last ten days, and am in sympathy with its aims and objects, and will sup- port 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 author- ized to administer oaths), county,
Michigan.
Penalty for If any person who takes the foregoing oath swears falsely mg< he shall upon conviction thereof be subject to all the pains and penalties of perjury.
TEN DAYS : See note to previous section.
•
(255) § 3522. SEC. 9. If at the time a person proposing to vote is challenged there are several persons waiting their turn to vote, said challenged person shall stand to one side until after unchallenged voters have had an opportunity to vote, when his case shall be taken up and disposed of: Pro- vided, That if any person shall challenge a qualified voter, resident of such ward or voting precinct, well known as a member of the party or organization holding such primary, for the purpose of annoying or delaying voters, he shall be deemed guilty of a misdemeanor.
(256) § 3523. SEC. 10. No two parties or organizations shall call their primaries for the same day, and the chairman of each of the principal committees of the parties having in charge the primaries to be held for any stated purpose shall notify the city clerk or recorder of the time fixed for his party primaries within twenty-four hours after the same is deter- mined, and such day shall be considered as secured to the party whose committee chairman has first given notification thereof.
(257) § 3524. SEC. 11. The common council of any city embraced in this act, may cause all of the different political organizations in any city where booths are provided by said city to hold their primaries within a given time, and shall provide suitable ballot boxes for said primaries.
(258) § 3525. SEC. 12. If any voter shall solicit from any candidate for election at any primary, or from any other person, or shall receive, directly or indirectly, from such candidate 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 attend- ance thereat, or if any person shall vote at more than one party primary, each held for the nomination of the same class
Challenged voter to wait until others have voted.
Proviso as to
malicious
challenge.
Two parties not to hold primaries on same day
Council to cause political parties to hold primaries at certain times.
Misdemeanor to solicit money from candidates.
ELECTION LAWS. 97
of officers or delegates before any one election, he shall be deemed guilty of a misdemeanor.
(259) § 3526. SEC. 13. Any person who shall hire any candidate in- carriage or other conveyance, or cause the same to be done, SJS money1?'
for conveying voters, other than those physically unable to g™pj of anv walk thereto, to any primary conducted hereunder, or who guilty of a shall solicit any person to cast an unlawful vote at any pri- nusdemean°r- 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 cause the same to be done, shall be deemed guilty of a misdemeanor.
(260) § 3527. SEC. 14. No delegate elected to any city Prox;ies not to or county convention shall give a proxy to represent him at kjtgjj[e£ ^f}e~ such convention. All vacancies occurring in any delegation vacancies.
to any convention shall be filled by a majority vote of such delegation : Provided, That such delegation shall not be per- Proviso as to mitted to fill any vacancy which may occur in its number by fngefacancSs" any person not a resident of the ward from which such absent 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 by the promise of any reward, place or position, shall be deemed guilty of a misdemeanor.
(261) § 3528. SEC. 15. Any delegate or member of any when delegate convention, or any other person who shall solicit any candi- ofa^sS?*7 date for election or nomination before said convention for meanor. money, reward, position, place or preferment for his support
in such convention, shall be deemed guilty of a misdemeanor.
(262) § 3529. SEC. 16. The board of inspectors shall Registration cause the name and residence of each -voter to be registered of voters- at any primary at the time of depositing ^is ballot : Provided,
This section or act shall not preclude the city committee of committee any city coming within its provisions adopting rules before Stes Sfto reg- the holding of any such primaries that require party registra- tion of the voters of such party in each ward, in books to be provided by such committee, such books to be used on the day on which the primaries are held; and when such rules have been adopted and registration had, then only the persons registered as party voters can vote at said primary election: Provided, That any person whose name does not appear on Provisoes to the books of party registration shall be allowed to vote upon Same? do not taking the oath prescribed in section seven. Said registra- JPPgr on tion, after the result has been declared, shall be deposited with and preserved by the city clerk.
(263) § 3530. SEC. 17. The delegates to a convention Delegates to shall be elected by ballot and in the following manner : The gjjgjf* inspectors shall provide suitable blanks of uniform size and
color, not less than three by six inches, to be used as ballots, 13
98
STATE OF MICHIGAN.
In case of tie, candidates to draw lots with slips.
and at each primary the names of all the delegates to be voted for shall be written or printed on one ballot, and no name shall appear more than once on the same ballot. The person receiving the highest number of votes shall be declared elected a delegate, the person receiving the next highest number of votes shall be declared the next delegate, and so on in like manner until the full number of delegates to which the ward or precinct is entitled shall have been declared elected, and the person receiving the highest number of votes at any pri- mary for any ward office shall be declared the nominee of the party holding said primary for the particular office for which he has been named: Provided, That in election of delegates to a convention or in the election of a candidate for any ward office, if it shall appear on counting the votes polled at any primary that two or more persons have received an equal number of votes for the same office and that a failure to elect to any office is caused thereby, such persons shall proceed to draw lots for the election to said office in the following man- ner : The board of inspectors for the ward or precinct where such tie may occur, shall prepare as many slips of paper as there are such persons who have received the same number of votes, and write the word "elected" on as many slips of paper- as there are offices to be filled, and the words "not elected" on the remaining slips, and fojd the same so as to conceal the writing, and so that they may appear as nearly alike as pos- sible. Said slips shall be placed in a box and each of such persons aforesaid, or in his absence some disinterested person acting for him, may draw one of said slips from the box and such person drawing a slip on w^hich is written the word "elected" shall be deemed legally elected as representative or nominee of the party holding such primary for the office in question, and the board shall forthwith give him a certificate of such election.
(264) § 3531. §EC. 18. The common council of any city of less than fifteen thousand population not embraced in this act may, by ordinance on confirmation of the voters of such city, conduct their primaries in the same manner as those cities embraced in this act under fifty thousand population.
(265) § 3532. SEC. 19. All the provisions of act three hundred three, of the session laws of one thousand eight hun- dred and eighty-seven, and of all acts amendatory thereto, shall remain and be in force in the cities embraced in the provisions of this act, and have the same force as in the State at large, except as to such matters as are herein specially provided for and applicable to such cities.
(266) § 3533. SEC. 20. This act shall apply to all cities of this State having a population of fifteen thousand and not more than one hundred and fifty thousand inhabit- ants; the population of said cities to be determined from the last federal or State census as the case may be.
Manner of drawing slips.
How cities of certain popu- lation may conduct pri- maries.
What acts to remain in force.
Act to apply to cities having a certain popu- lation.
ELECTION LAWS. 99
(267) § 3534. SEC. 21. Any person found guilty of any Penalty for offense defined in this act as a misdemeanor, shall, upon con- act|ation °f 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 discretion of the court.
(268) § 3535. SEC. 22. Any person who shall influence Further penai- any voter, delegate, candidate or other person to violate any tionoflfct?" of the provisions of this act shall be deemed guilty of a mis- demeanor, and punishable as hereinbefore provided.
CHAPTER VII.— TOWNSHIP ELECTIONS— DUTIES OF
OFFICERS.
[Extract from Chap. 16, R. S. 1846.] TOWNSHIP MEETINGS.
(269) § 2275. SEC. 8. The annual meeting of each town- Annual town- ship shall be held on the first Monday in April, in each year, whenmheidngs' and at such meeting there shall be an election for the follow- ing officers : One supervisor, one township clerk, one treas- Officers to be urer, one school inspector, one commissioner of highways, so e
many justices of the peace as there are by law to be elected in the township, and so many constables as shall be ordered by the meeting, not exceeding four in number.
BOARD OF REVIEW : For election of this board, see section 317. Abels v. Supervisors, 42 / 526 : Robinson v. Supervisors, 49 / 321 ; People v. Knigbt, 13 / 424 ; Hubbard v. Springwells, 25 / 153.
(270) § 2276. SEC. 9. Each of the officers named in the gection by last preceding section, shall be chosen by ballot, and before proceeding to choose the officers hereinafter directed to be chosen at such meeting.
As to the last clause, see section 300.
INFORMAL BALLOT: When the law requires certain officers to be elected
by ballot, there is and can be no such thing as an "informal" ballot. — Con- rad v. Stone, 78 / 635.
(271) § 2277. SEC. 10. There shall also be elected at
such meeting, to be chosen viva voce, or in such manner as the highways. meeting may direct, one overseer of highways for each road district, and no elector except a resident in the district where who not to the overseer is chosen or an elector of the township having taxable property in such district, shall vote for said overseer and as many poundmasters as the meeting may direct. Poundmasters.
(272) § 2281. SEC. 11. Justices of the peace shall sev- Term of office erally hold their offices for four years, except when elected to of JUS
fill a vacancy in office occurring before the expiration of the
100
STATE OF MICHIGAN.
legal term of four years and when elected to fill such vacancy, they shall hold during the unexpired portion of such term: Provided, That when there shall have been no previous elec- tion and classification of justices of the peace in any town- ship pursuant to the sixth, article of the constitution of this State, the justices elected at such meeting shall be classed and divided by lot, respectively, for one, two, three, or four years, and shall severally hold their offices accordingly.
Each justice of the peace elected to fill vacancy, or for a less term than four years, shall take his oath within ten days ; justices elected for full term shall qualify on or before July 4th after election.
BOND OP JUSTICES: See sections 2369-2373, C. L., 1897.
Term of office of commis- sioner of high- ways.
Term of office of school in- spector.
Vacancy.
Proviso.
Proviso.
Term of office.
Of officers elected to fill vacancies
Meetings, where to be held.
When place of meeting may be changed, and meeting adjourned.
(273) § 2282. SEC. 12. The commissioner of highways shall hold his office for one year, and until his successor shall be elected and qualified.
(274) § 2283. SEC. 13. Each school inspector elected as aforesaid shall hold his office for two years from that time and until his successor shall be elected and duly qualified, except when elected or appointed to fill a vacancy, in which case he shall hold the office during the unexpired portion of the regu- lar term : Provided, That in the year eighteen hundred and eighty-two one additional school inspector in each township shall be elected for the term of one year: Provided further, That the township superintendent of schools and school in- spectors now in office shall continue to act as school inspec- tors and said superintendent of schools shall continue to act as chairman of the board of school inspectors until the school inspectors provided for by this act shall have been elected and duly qualified and shall enter upon the duties of their respective offices.
(275) § 2284. SEC. 14. Each of the officers elected at such meetings, except justices of the peace and school inspec- tors, 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.
(276) § 2285. SEC. 15. Each township officer elected at a special meeting to fill a vacancy, shall hold his office dur- ing the then unexpired portion of the regular term of the office, and no longer, unless again elected.
(277) § 2286. SEC. 16. The annual and special town- ship meetings shall severally be held at the place in the town- ship where the last annual township meeting was held, or at such other place therein as shall have been ordered at a pre- vious meeting, or when there has been no such previous meet- ing, at such place as shall be directed in the act or proceedings by w^hich the township was organized, unless it shall, in either case, become inconvenient to do so.
(278) § 2287. SEC. 17. Whenever it shall become incon- venient to hold a township meeting at the place designated therefor, the board of inspectors, or a majority of them, after
ELECTION LAWS; , , 10 1
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.
(279) § 2288. SEC. 18. Upon adjourning any township Proceedings meeting, as provided in the last section, the board of inspec- n?enf.J°urn" tors 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 arriving at such place that the meeting has been adjourned, and the place to which it has been adjourned.
(280) § 2289. SEC. 19. Any annual or special meeting For what pur- may, by a vote of the meeting, be adjourned to any other day, maTadjolim8 and from time to time, for the purpose of transacting any
proper business of the township, except for the election of officers.
(281) § 2290. SEC. 20. The first township meeting afte'r p^ meeting the organization of any township, shall be held on the first Monday in April after its organization, and at such meeting
there shall be an election for such officers as are by law to be elected at township meetings.
(282) § 2291. SEC. 21. At the first township meeting in Proceedings at any toAvnship, the qualified electors present, between the hours
of nine and ten o'clock in the forenoon, shall choose one of their number as moderator, one of their number as clerk, and two others of their number as inspectors, who shall severally take the oath of office prescribed by the twelfth article of the constitution, and shall conduct the proceedings of such meet- ing 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 50 infra.
(283) § 2292. SEC. 22. If the inhabitants of any newly in case of fail- organized township shall fail to hold their first township g£w ?a1fedng' meeting on the day specified by law, any three qualified voters
of such township may call a meeting of the electors of such township, for such township election, at any time thereafter, by posting up notices thereof in not less than three public places in such township, at least ten days previous to the hold- ing of such meeting.
(284) § 2293. SEC. 23. At such first township meeting, who to admin- the moderator shall administer the oath of office to the other is inspectors, and either of the other inspectors, after having
been so qualified, may administer the like oath to the modera- tor.
(285) § 2294. SEC. 24. Special township meetings may special town- be held for the purpose of choosing officers to fill any vacancy
that may occur, if the township board shall deem it expedient, ges, how and make their order therefor; and in case the said township
102 ;, '.
STATE OF MICHIGAN.
Special meet- ing for other purposes.
board become disorganized, or reduced below the number of a quorum, as provided by law, by, or through the death or re- moval 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.
(286) § 2295. SEC. 25. 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 township, specifying therein the purposes for which such meeting is to be held; and the mode of proceeding at all special meetings shall be the same as at the annual meetings.
Loomis v. Rogers Twp., 53 / 142.
(287) § 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 what offices vacancies exist, how they occurred, and who were the last incumbents, and if the va- cancy be in the office of justice of the peace, such order shall also state at what time the constitutional term of office will expire.
The record must show all statutory requirements to have been complied with. — Loomis v. Rogers Twp., 53 / 135.
Orders for special meet- ing, what to specify.
within what (288) § 2297. SEC. 27. The time appointed for holding orderfnfeeting 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. See Crittenden v. Robertson, 13 / 61.
Clerk to give notice.
No notice of annual meet- ing.
(289) § 2298. SEC. 28. The said clerk shall, within two days after such order shall be left with him, cause copies thereof to be posted up in three of the most public places in the township; and if there be a newspaper printed in such township, he shall also cause a copy to be published therein, if practicable, at least five days before the day appointed for such special meeting.
(290) § 2299. SEC. 29. No notice of the annual town- ship meetings shall hereafter be necessary.
MANNER OF CONDUCTING ELECTIONS.
inspectors of (291) § 2300. SEC. 30. At the election of officers re- quired to be chosen by ballot at the annual township meet-
ELECTION LAWS. 103
ing1, the inspectors of election shall be the same as at the general election.
See sections 200-202 relative to conducting municipal and township elec- tions.
(292) § 2301. SEC. 31. The township clerk shall be the Township <?lerk of the township meeting, and shall keep faithful minutes StS, S? of its proceedings, and a correct list of the persons voting at
the election, and he shall enter at length in his minutes every order or direction, and all rules and regulations made by such meeting.
(293) § 2302. SEC. 32. If the township clerk be absent, when clerk of then such person as shall be appointed by the inspectors f or J^poimedVy6 that purpose shall act as clerk of the meeting, first taking an inspectors. oath, to be administered by one of the inspectors, that he will faithfully perform the duties of his office according to the
best of his ability.
(294) § 2303. SEC. 33. The polls of the election shall be Polls, when opened at seven o'clock in the forenoon, or as soon thereafter opened- as may be, and shall close at the hour of five o'clock in the afternoon, and the inspectors shall cause proclamation to be
made upon opening the polls and shall also cause proclama- tion 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.
(295) § 2304. SEC. 34. When the election is by ballot, Ballots to be the inspectors shall deposit the ballots in a box, to be con- bo??slted ln 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 •94 et seque.
(296) § 2305. SEC. 35. The ballot shall be a paper ticket, Baiiots,.what with the names of the persons for whom the elector intends to atam< etc* to vote, written or printed, or partly written and partly
printed thereon ; and shall designate the office to which each person so named is intended by him to be chosen ; but no bal- lot shall contain a greater number of names as designated to tiny office, than there are persons to be chosen at such election to fill such office, and each ballot shall be so folded as to con- ceal the contents, and shall be delivered to one of the inspec- tors.
(297) § 2306. SEC. 36. If at any election there shall be Designation of one or more vacancies to be supplied, in the office of justice vacancy!0 * of the peace, school inspectors, or commissioners of highways,
and at the same election, any such officer is to be elected for the full term, it shall be necessary to designate on the ballot the person or persons voted for to supply such vacancy or vacancies.
104
STATE OF MICHIGAN.
Challenges.
Authority to preserve order, etc.
Time of elect- ing officers.
Proviso as to appropriation of moneys.
(298) § 2307. SEC. 37. If any person offering to vote at such election, or upon any question arising at such township meeting, shall be challenged as unqualified by any inspector, or any elector entitled to vote at such meeting, the inspectors shall proceed thereupon in the manner prescribed in chapter five, in case of a challenge at the general election; and na person whose vote shall have been received upon such chal- lenge, shall be again challenged upon any other question, aris- ing at the same township meeting.
See note to section 295.
• (299) § 2308. SEC. 38. The inspectors or officer presid- ing, shall have the same authority to preserve order, to en- force obedience, and to commit for disorderly conduct, as is possessed by the board of inspectors at a general election.
(300) § 2309. SEC. 39. At the hour of one o'clock in.the afternoon, there shall be elected the other officers to be elected at such meetings and all business of such meetings requiring a viva voce vote, except that required by section eight of this chapter, shall be then transacted : Provided, That on all votes for the appropriation of any moneys, or for the raising of any taxes in said township, said votes shall be taken in such a manner that the moderator of such meeting may be able, and shall, upon demand, state the result of each of said votes, giv- ing the number voting for and the number voting against each proposition so voted upon, all of which shall be duly recorded by the toAvnship clerk in the records of the proceed- ings of such meeting.
The section 8 referred to is section 269.
Questions
how^ mined.
(301) § 2310. SEC. 40. All questions upon motions made at township meetings, shall be determined by a majority of the electors voting; and the officer presiding at such meeting shall ascertain and declare the result of the votes upon each question.
Canvass of votes and de- termination of result.
Ballots to be counted and compared with poll list.
CANVASS OF VOTES.
(302) § 2311. SEC. 41. The votes given by ballot shall be publicly canvassed by the inspectors, at the place where the meeting was held, and the result shall be read by the clerk to the persons there assembled; and such reading shall be sufficient notice to all persons elected at that election to any office, whose names are on the poll list as voters.
(303) §2312. SEC. 42. Before the ballots are opened, they 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.
See note to section 295.
ELECTION LAWS. 105
(304) § 2313. SEC. 43. The canvass being completed, statement of and the result ascertained, the inspectors shall draw up a re statement in writing, setting forth, in words at full length,
the whole number of votes given for each office, the names of the persons for whom such votes for each office were given, and the number of votes so given to each person, which state- ment shall be certified under the hands of the inspectors to be correct.
(305) 5 2314. SEC. 44. The inspectors shall also certify statement of
. , T , . ,. f ,-, determination
upon such statement, their determination of the persons to be certified elected to the respective offices, including as well those and recorded- elected without ballot, as those elected by ballot ; which state- ment and certificate of determination shall be left with the township clerk, and recorded in his office.
Robinson v. Supervisors, 49 / 321.
(306) § 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 have received an equal number of votes for the same office, the inspectors of election shall determine the choice by lot, and shall declare and certify the same ac- tordingly.
People v. Molitor, 23 / 341.
TOWNSHIP OFFICERS.
(307) § 2316. SEC. 46. All officers, except justices of Oath of office. the peace, required to be elected at township meetings by
"ballot, shall, before entering upon the duties of their offices, and within ten days after notice of their election, respectively take and subscribe the oath of office prescribed by the twelfth article of the constitution, before the township clerk, or some other officer authorized to administer oaths, and file the same with the township clerk, who shall record the same; and such oath shall be administered without reward, and certified by the officer before whom the same was taken, with the date of taking the same.
Art. 12 referred to, is of the constitution of 1835, see section 50.
(308) § 2317. SEC. 47. Within two days after the dec- tion of any officers at a township meeting, the clerk shall transmit to each person elected to any township office, and whose name shall not have been entered on the poll list at such election as a voter, a notice of his election; and each overseer of highways and 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.
14
106
STATE OF MICHIGAN.
When justices to enter upon their duties.
(309) § 2318. SEC. 48. The persons so elected justices of the peace, shall enter upon the duties of their offices respec- tively, as follows:
1. Those elected for the full term of, four years, on the fourth day of July next succeeding their election;
2. Those elected to fill vacancies, and those elected at the first township meeting in any new township, immediately upon the filing of their oath of office and security with the county clerk, as required by law.
Hulbert v. Henry, 105/212.
Justices resid- ing in new townships.
Classification of justices
Mode of decid- ing term of office.
When super- visor to draw for absent justices.
Certificates of classification to be made and recorded.
(310) § 2319. SEC. 49. When a new township shall be organized, if there be one or more justices of the peace re- siding therein, they shall be deemed to have vacated their re- spective offices.
(311) § 2320. SEC. 50. Within six days'after the election of justices of the peace in such new township, the supervisor shall give notice in writing to the justices elected, and to the township clerk, of the time and place when and where he will meet them, to determine by lot the classes of such jus- tices; which notice shall be served at least six, and not more 1han twelve days, previous to the time appointed therein for such meeting.
(312) § 2321. SEC. 51. At the time and place so ap- pointed, the supervisor and township clerk shall cause to be written on separate pieces of paper, as near alike as may be, the numbers one, two, three, four, or such and so many of such numbers as shall correspond with the number elected, and shall cause them to be Drolled up as nearly alike as may be, and deposited in a box ; and the persons elected justices shall severally draw one of the said pieces of paper, and each shall be classed according to the number written on the paper so drawn by him, and shall hold his office for the term as fol- lows : The term of number one shall expire on the fourth day of July then next following, and the terms of the others on the fourth day of July in each succeeding year, respectively, according to the numbers drawn by them. ,
(313) § 2322. SEC. 52. If any' person elected a justice shall neglect to attend such drawing, the supervisor shall draw for him; but if the supervisor be absent from his town- ship, or unable to serve, or his office be vacant, the town- ship clerk shall give the notice, and perform the duties herein enjoined on such supervisor.
(314) § 2323. SEC. -53. Duplicate certificates of such drawing, and of the result thereof, shall be made and certified by the supervisor and township 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 evi- dence of the classes to which the justices so elected belong.
ELECTION LAWS. 107
(315) § 2324. SEC. 54. In case more than one existing classification vacancy in the office of justices of the peace shall be supplied Section^ mi by election at any township meeting, the classes of the per- vacancies sons elected to fill the same shall be determined by lot, within
the time, and in the manner prescribed for classifying justices elected in new townships.
(316) § 2325. SEC. 55. If any person elected to any Penalty for township office, except that of justice of the peace, of whom
an oath of office is required, who is not exempted by law from holding the office to which he is elected, shall not, within ten days after notice of his election, take and subscribe the oath of office required by law, and cause the same to be filed with the township clerk, or if any such officer of whom a bond or security shall be required, shall not file such bond or security within the time above limited for filing his said oath, he shall forfeit and pay the sum of ten dollars; and if any person elected to the office of overseer of highways or poundmaster, and not exempted by law from holding such office, shall re- fuse 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 that he declines accepting the office.
THE BOARD OP REVIEW.
[Extract from Act 206 of 1893.]
(317) §3851. SEC. 28. At the annual township meeting Board of re- held on the first Monday of April in the year eighteen hun- 5?w> dred and ninety-four, there shall be elected by ballot, on the regular township ticket, two tax-paying electors of the town- ship, who shall be owners of land in said township, to serve as members of the board of review, one of whom shall be elected
for one year and one for two years, and annually thereafter one member shall be elected for two years, who shall take the constitutional oath of office as other township officers. The who to con- supervisor and the two electors so elected shall constitute a st board of review for such township. The township board may vacancy, how temporarily fill any vacancy which shall occur in said mem- m bership of said board of review, but no member of such town- ship board shall be eligible to fill such vacancy. A majority Quorum, etc. of said board of review shall constitute a quorum for the transaction of business, but a less number may adjourn from day to day and a majority vote of those present shall decide all questions.
Am. 1901, Act 129.
The above section is taken from an act providing for the assessment of property and collection of taxes, etc.
RESIGNATIONS, VACANCIES, AND SUPPLYING VACANCIES.
(318) § 2326. SEC. 56. Resignations of all officers elected HOW resigna- at township meetings shall be in writing, signed by the officer
108
STATE OF MICHIGAN.
When office to become vacant.
resigning, and addressed to the township board, and shall be delivered to and filed by the township clerk; and when a justice of the peace resigns, such clerk shall immediately transmit a copy of such resignation, certified by him, to the county clerk.
(319) § 2327. SEC. 57. Every township office, including the office of justice of the peace, shall become vacant, upon the happening of either of the events specified in chapter fif- teen, as creating a vacancy.
VACANCIES: See sections 399, 401, 405, 408.
Paw Paw v. Eggleston, 25 / 39 ; People v. Stellwagen, 33 / 1.
Temporary (320) § 2328. SEC. 58. Whenever there shall be a va-
fn cer?a£en ' cancy, or when the incumbent shall, from any cause, be unable made by town- *° perform the duties of his office, in either of the township ship board. offices, except that of justice of the peace and township treas- urer, the township board may make temporary appointments of suitable persons to discharge the duties of such offices respectively; 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 removed.
Bank v. St. Joseph, 46 / 528 ; Locke v. Highway Com'r, 107 / 633. A town- ship temporarily represented by an appointed supervisor has the sanre voice upon the board that it had before the vacancy. — Peck v. Supervisors, 102 / 346.
When town- ship treasurer to oe appoint- ed by board.
(321) § 2329. SEC. 59. In case the treasurer of any township shall refuse to serve, or shall vacate his office before completing the duties thereof, or be disabled from completing the same, by reason of sickness or any other cause, the town- ship board shall forthwith appoint a treasurer for the re- mainder of the term, who shall give like security, and be sub- ject to like duties and responsibilities, and have the same powers and compensation as the, treasurer in whose place he was appointed, and the township clerk shall immediately give notice thereof to the county treasurer ; but such appoint- ment shall not exonerate the former treasurer, or his sureties, from any liability incurred by him or them.
Minutes of
township
meeting.
CERTAIN DUTIES OP TOWNSHIP CLERK RELATIVE TO ELECTIONS.
(322) § 2339. SEC. 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,
/318.
ELECTION LAWS. 109
(323) § 2340. SEC. 67. The township clerk of each town- clerks 9f ship, and the city clerk of each city, shall, immediately after dtTenss the qualifying of the several officers elected or appointed in [j^m their respective townships and cities, return to the clerks of officers foC" their respective counties the names of all such officers, with co their respective postoffice addresses: Provided, That the township clerk of the township of South Manitou, in the county of Manitou, may make such return at any time before
the first day of June next after the election of such officers.
(324) § 2341. SEC. 68. Each township clerk shall, im- TO give notice mediately after the election of any justices of the peace in his jisuces!°n ° township, transmit a written notice thereof to the county
clerk, stating therein the names of the persons so elected, and the terms for which they were respectively elected; and if one or more of them has been elected to fill a vacancy, he shall state in such notice who was the last incumbent of the office.
TOWNSHIP TREASURER.
(325) § 2353. SEC. 76. The township treasurer shall re- ceive and take charge of all moneys belonging to the town- ship, or which are by law required to be paid into the town- ship treasury, including all moneys that may accrue to his township on account of non-resident highway taxes, and shall pay over and account for the same, according to the order of such township, or the officers thereof duly authorized in that behalf; and shall perform all such other duties as shall be required of him by law; but nov person shall be eligible to Not to hold the office of tow^nship treasurer for more than two years in tS^twoyea-
Succession. in succession;
COMPENSATION TO TOWNSHIP OFFICERS.
(326) § 2374. SEC. 95. The following township officers officers corn- shall be entitled to compensation at the following rates, for *** each day actually and necessarily devoted by them to the serv- ice of the township, in the duties of their respective offices, to be verified by affidavit, whenever required by the township boards:
First, The officers composing the township board, 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;
Second, The township clerk, as clerk of the board of com- missioners of highways, 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 a day; but no township officer shall be entitled to pay for acting in more than one capacity at the same time.
110
STATE OF MICHIGAN.
Compensation for other ser- vices.
(327) § 2375. SEC. 96. For services not otherwise pro- vided for by law, rendered to townships by township officers in the duties of their respective offices, the township board shall audit and allow such compensation as they shall deem reasonable.
Sawyer v. Goodman Co. v. Crystal Falls Twp., 56 / 597.
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.
(328) § 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 the inspectors present, may elect viva voce, a moderator of the meeting.
(329) § 2377. SBC. 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 voters, he shall make the vote certain by polling the voters, or dividing the meeting, unless the township shall, by a previous vote, or by their by-laws, have otherwise pro- vided.
(330) § 2378. SEC. 99. No person shall address the meeting before permission obtained of the moderator, nor while any other person is speaking by his permission; and all persons at such meeting shall be silent at the request of the moderator.
(331) § 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 per- sons to take him into custody until the meeting be adjourned.
(332) § 2380. SEC. 101. Any person who shall refuse to withdraw from such meeting, on being ordered by the mod- erator to do so, as provided in the preceding section, shall, for every such offense, forfeit a sum not exceeding twenty dollars.
Who may vote, chal- lenges.
QUALIFICATIONS OF VOTERS AND OFFICERS.
(333) § 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 a right to vote on all matters and questions before any town- ship meeting, and when any person claiming the right to
ELECTION LAWS. v 111
vote shall be challenged by a voter, the moderator shall pro- ceed in the same manner as on challenges at the election of township officers.
Mudge v. Stebbins, 59/165.
(334) § 2382. SEC. 103. >7o person except a citizen of who shall be the United States and an elector as aforesaid shall be eligible office!6 1 to any elective office contemplated in this chapter : Provided, however, That any female person of or above the age of twenty-one years, who has resided in this State six months and in the township twenty days next preceding any election, shall be eligible to the office of school inspector.
FIRST ELECTIONS IX TOWNSHIPS. [Extract from Act 156 of 1851.]
(335) § 2489. SEC. 16. Whenever the board of super- Proceedings visors shall erect a new township in any county, they shall J£n ofnew designate the name thereof, the time and place of holding the koIrcuJF by first annual township meeting therein, and three electors of supervisors. such township, whose duty it shall be to preside at such meet- ing, appoint a clerk, open and keep the polls, and exercise the same powers as the inspectors of election at any township meeting. And in case any of the three electors above men- tioned shall refuse or neglect to serve, the electors of said township present at such meeting shall have power to substi- tute some other elector of such township for each one so neglecting or refusing to serve. Notice of the time and place Notice of of such meeting, signed by the chairman or clerk of the board of supervisors, shall be posted in four of the most public places in such new township, by the persons so designated to pre- side 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. They shall also fix the place for holding firsto the first township meetings in the town or towns from which Sup meeting! such new township shall be taken, which shall also be stated in the notice posted in such last named township; but noth- ing in this act shall affect the rights, or abridge or enlarge the term of office of any town officer except justice of the peace, in any such township; but such township officer other than justice of the peace, residing within the limits of such new township, shall continue to be such officer in such new township, till the expiration of the time for which he was elected, in the same manner as if originally elected therein; and the terms of office of all township officers except justices of the peace elected at such first township meeting, shall ex- pire on the first Monday of April thereafter, or as soon there- after as their successors are elected and qualified.
Att'y Gen. v. Marr, 55/445.
112
STATE OF MICHIGAN.
CHAPTER VIII.— OFFENSES AGAINST ELECTION
LAWS.
PENALTIES.
Punishment for bribing an elector, etc.
LR. S. 1846, Chap. 19.]
Punishment of (336) § 11437. SECTION -1. If any officer on whom any iu neglect of1" duty is enjoined by law, relative to general, special, township, duty. or cftarter 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 misde- meanor, and shall be punished by fine not exceeding one thou- sand dollars, or imprisonment in the State prison not ex- ceeding three years.
Wattles v. People, 13 / 449 : People v. Swift, 59 / 543. Information held good under this section, 105 / 169.
(337) § 11438. SEC. 2. If any person shall, by bribery, menace, or any other corrupt means or device whatever, either directly or indirectly, attempt to influence any elector in giv- ing his vote, or deter him from, or interrupt him in giving 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.
(338) § 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 election, either in the same or any other township or ward, or shall give in two or more votes folded together, shall, on conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding one year, or both, in the dis- cretion of the court.
(339) § 11440. SEC. 4. Every person who shall procure, aid or counsel any person not duly qualified to vote at the place where the vote is given or offered, to give or offer his vote at any such election, and every person who shall procure, aid, or counsel any person to go or come into any towrnship or ward for the purpose of voting therein, at any election, knowing that such person is not duly qualified to vote in such township or ward, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished in the manner prescribed in the third section of this chapter.
McDade v. People, 29 / 55.
Punishment for illegal voting.
Penalty for counseling, etc., any person not qualified to vote.
ELECTION LAWS.
(340) § 11441. SEC. 5. Any person not duly authorized Punishment by law, who shall, during the progress of any election in this oTVaSS'bok State, or after the closing of the polls, and before the ballots etc- are counted, and the result ascertained, break open, or violate the seals or locks of any ballot box in which ballots have been deposited at such election, or who shall obtain undue posses- sion of such ballot box containing such ballots, and conceal, withhold or destroy the same, or who shall fraudulently or forcibly add to or diminish the number of ballots legally de- posited, 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.
(341). § 11442. SEC. 6. It shall be the duty of every in- Duty of spector of elections, sheriff, constable, and justice of the peace, sheriff' etc' knowing, or having reason to believe that an offense punish- able under the provisions of this chapter, has been committed, to cause the offender forthwith to be arrested, and to give information thereof to the prosecuting attorney without de- lay, and such prosecuting attorney shall adopt effectual meas- ures for the punishment of all persons who shall violate the provisions of this chapter.
(342) §11443. SEC. 7. It shall be the duty of all courts Courts to in this State, having cognizance of such offenses, at each term j?urayfe ^ 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 of 1861.]
«
The People of the State, of Michigan enact:
(343) § 11444. SECTION 1. That any person who shall, either directly or indirectly, bet, wager, or hazard any money election. or other property, upon the result of. the election of any officer of this State, or of the United States, shall, on conviction thereof, be liable to a fine at least equal in amount to the amount of money or the value of the property so bet, wagered or hazarded: Provided, That in no case shall such fine be less than five, nor more than five hundred dollars.
Buckley v. Saxe, 10 / 328. 15
114
STATE OF MICHIGAN.
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 nomination, appointment or election.
[Act 175 of 1877.]
The People of the State of Michigan enact:
(344) § 11445. SECTION 1. That any person who shall keep any room or building for the purpose, in part or in whole, of recording or registering bets or wagers, or of sell- ing pools upon the result of any political nomination, appoint- ment, or election, and any person who shall record or register bets or wagers or sell pools on such result, or any person who shall wager any property, money, or thing exceeding one hundred dollars in value on such result, or shall keep or em- ploy any device or apparatus for the purpose of registering or recording bets or wagers, or the selling of such pools, shall be deemed guilty of a misdemeanor, and shall on [upon] con- viction thereof be punished by imprisonment in the county jail not more than one year, or by fine not exceeding one thou- sand dollars, or by both suck fine and imprisonment.
(345) § 11446. SEC. 2. Any person who shall wager any property, money or thing not exceeding one hundred dollars in value, or shall become the custodian or depository of any money, property, or thing of value, staked, wagered, or pledged, upon the result of any political nomination, appoint- ment, or election, shall be deemed guilty of a misdemeanor, and shall upon conviction thereof, be punished by imprison- ment in the county jail not more than three months, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment.
BRIBERY.
Persons deemed guilty of bribery.
An Act to maintain political purity. [Act 190- of 1877.]
The People of the State of Michigan enact:
(346) § 11447. SECTION 1. That the following persons shall be guilty of bribery, and shall be punished accordingly :
First, Every person who shall, directly or indirectly, by himself or by any other person on his behalf, give, lend or agree to give or lend, or shall offer or promise any money or valuable consideration or promise or endeavor to procure any money or valuable consideration to or for any voter, or to
ELECTION LAWS 115
or for any person on behalf of any voter, or to or for any person in order to induce any voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid, on account of such voter having voted or refrained from voting for any person, candidate or ticket at any public election in this State ;
Second, Every person who shall, directly or indirectly, by The offer or himself or by any other person on his behalf give or pro- cure, or agree to give or procure, or offer or promise any office, place or employment, or promise to procure or to en- deavor to procure any office, place or employment to or for any voter, or to or for any other person in order to induce %
such voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid, on account of any voter having voted or refrained from voting for any person, candidate or ticket, at any such election;
Third, Every person who shall, directly or indirectly, by The empioy- himself or by any other person on his behalf, make any gift, {Se?or?ipt 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 agreement, " procure or engage, promise or endeavor to procure the elec- tion of any person or persons to any public office or offices in this State, or the vote of any voter at any such election ;
Fifth, Every person who shall advance, or pay, or cause to who shall ad- be paid any money to, or to the use of, any other person, foTbriber^of with the intent that such money or any part thereof shall be a voter 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.
(347) § 11448. SEC. 2. Any person offending, according Penalty for to the provisions of the preceding section, shall be deemed ceSng^ec^6" guilty of a misdemeanor, and on conviction thereof shall be tlons- punished by a fine of two hundred dollars; but the bona fide payment by any candidate for office or other person for the Legitimate fair and reasonable cost of printing tickets and slips or past- £SSS? e ers, and of advertising in the newspapers or by posters any political meeting, and the reasonable and bona fide expenses
of holding such meetings and procuring speakers, and getting out the people to the same, of obtaining and distributing papers and tickets and of bringing voters out to the polls, shall be held to be expenses lawfully incurred, and the pay- ment thereof shall not be a contravention of this act.
(348) § 11449. SEC. 3. The following persons shall also others^deemed be deemed guilty of bribery and on conviction, thereof shall bribery!
be punished as prescribed in the preceding section:
116
STATE OF MICHIGAN.
Person who offers to vote or refrain from voting for money, etc.
Person who after election receives money, etc.
When candi- dates shall not provide refreshments.
Penalty.
When others shall not pro- vide refresh- ments, for purpose of corrupting voter.
Intimidation of voter.
Penalty.
Election of candidate who commits bribery void.
First, Every voter who shall before or during any election, directly or indirectly, by himself or by any other person on his behalf, ask, solicit, receive, agree or contract for any money, gift, loan or valuable consideration, office, place, or employment for himself or any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting for any person, candidate, or ticket at any public elec- tion in this State;
Second, Every person who shall after any election, directly or indirectly, by himself or by any other person on his behalf, receive any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or to refrain from voting for any person, candidate, or ticket at any such election.
(349) § 11450. SEC. 4. No candidate for any public office 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 ac- cessory 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 from 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.
(350) § 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 corrupt practice, and persons convicted thereof shall be punished as provided in the preceding section.
(351) § 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 ex- communication, dismissal or expulsion, or who shall com- mand or advise, under pain of religious disapproval for the purpose of influencing any voter at an election in this State, shall be deemed guilty of corrupt practice, and on convic- tion thereof shall be punished as provided for in section four of this act.
(352) § 11453. SEC. 7. If any candidate for any public office at any election in this State shall commit bribery, or any corrupt practice, as defined in this act, the election of such candidate, if he has been elected, shall be void, and if he
ELECTION LAWS. 117
shall enter into the office for which he was elected, an in- formation in the nature of a quo warranto to oust him from such office, may be filed in the supreme court, or the proper circuit court, under chapter two hundred and twenty -five of the compiled laws of eighteen hundred and seventy-one: Pro- Proviso, vided, Such bribery or corrupt practice shall be proved by at least two witnesses.
Chap. 225 referred to is Chap. 275, C. L., 1897.
(353) § 11454. SEC. 8. Any person who shall, directly Attempt to or indirectly, by himself, or by any other person on his behalf,
offer or promise any office, place or employment under the government of the United States, or promise to procure, or to offer of 'office, endeavor to procure any such office, place or employment, to d< or for any member of the legislature, or to or for any other person, in order to induce such member of the legislature to vote or refrain from voting for any person for the office of United States senator from this State, or shall corruptly do any such act as aforesaid, on account of any member of the legislature having voted or refrained from voting as afore- said, shall be deemed, guilty of a felony, and on conviction penalty, thereof shall be punished by imprisonment in the state prison for a period not exceeding five years, or by a fine not exceed- ing one thousand dollars.
(354) § 11455. SEC. 9. It shall be unlawful for any per- spirituous son to sell, barter, or give away any spirituous, vinous or
malt liquors, on the day of any election held within this State, prohibited. under the constitution or laws thereof; and it shall be the duty of all mayors of cities, presidents of villages, and super- visors of townships, within five days previous to the days of election as aforesaid, to issue a proclamation, warning the in- habitants of the provisions of this act, and that all violations of the same will subject the offender to prompt and speedy punishment, and requiring sheriffs, marshals, constables, and police officers, to close, and it shall be the duty of such officers to close all houses or places found violating the provisions of this act, and to report forthwith all violations of this act, to the prosecuting attorney and mayor, president or super- visors aforesaid, and whose duty it shall be to immediately prosecute such violations of this act. Any person who shall y for violate any of the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, and costs of prosecution, and on failure to pay such fine and costs, shall be imprisoned in the county jail not less than ten days, nor more than ninety days, or both such fine and imprisonment, in the discretion of the court.
(355) § 11456. SEC. 10. It shall be deemed a violation
of this act and of the preceding section to sell, barter, or Ster give away spirituous, vinous or malt liquors on any election cl day after the hour at which, by law, the polls are closed.
118 STATE OF MICHIGAN.
PROTECTION OF PRIMARIES AND CONVENTIONS.
An Act to protect primary elections and conventions of political parties and to punish offenses committed thereat.
[Act 303 of 1887.]
The People of the State of Michigan enact:
certain (356) § 11457. SECTION 1. If at any political primary
demeanor"11 '" 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 ballots in the ballot box, or take them therefrom, or shall commit any other fraud or wrong, tending to defeat or affect the re- sult of the election, he shall be deemed guilty of a misde- meanor.
Oathofinspec- (357) § 11458. SEC. 2. The presiding officer and inspec- toradmmister! tors 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 which said election is held, or any notary public, or any other challenge of person qualified under the State to administer an oath. The vote or ballot of any person offered at such election shall, upon challenge by any lawful voter thereat, be rejected, unless Who to admin- he be sworn as to his qualifications as such voter; and the presiding officer or any inspector of such primary is hereby 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 wrill true answers make to such questions as shall be put to him touching his qualifications as a voter and his right to vote. He may then when vote to be examined as to such qualifications and right to vote. If be received, j^ gj^u 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 Penalty for shall be received. If the person so sworn and examined shall se swearing, intentionally swear falsely as to his qualifications as a voter he shall be deemed guilty of perjury, and shall on conviction, be punished as now prescribed by law for the crime of per- jury.
Am. 1899, Act 198.
certain acts of (358) § 11459. SEC. 3. If any person acting as inspec- SSfsfmfs- tor, teller or canvasser at any such pwmary election shall demeanor. knowingly receive the vote of any individual who shall have
ELECTION LAWS. 119
been challenged, or who is known to him not to be entitled by the regulations of the association holding the primary election to vote at such primary, unless the same shall be first sworn in as aforesaid, or shall in any manner fraudulently and wrongfully deposit or put any ballots into, or take any from the ballot box of said primary election, or shall fraudu- lently and wrongfully mix any ballots with those cast at said primary election, or shall knowingly make any false count, canvass, statement, certificate or return of the ballots cast or vote taken at any such primary election he shall be deemed guilty of a misdemeanor.
After several ineffectual attempts to elect a temporary chairman of a nom- inating convention, a like number of votes being cast for each of the opposing candidates, the vote of one of the delegates was challenged on the ground that the vote in the caucus at which he claimed to have been elected was a tie, and that thereupon the matter was determined between the contesting candidates as follows : A bystander drew from his pocket a handful of coins, and the candidates made their choice of odd or even, and a counting of the coins resulted in favor of the sitting delegate. The chair thereupon appointed a committee on credentials, who reported that the sitting delegate 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.
(359) § 11460. SEC. 4. If any person elected a delegate
at any such primary or convention shall accept or receive any demeanor. money or valuable thing as a consideration for his vote as such delegate he shall be [deemed] guilty of a misdemeanor.
(360) § 11461. SEC. 5. The words "primary election,'7 "Primary as used in this act, shall be construed so as to embrace all cSrued. h° elections held by any political party, convention, organiza- tion or association, or delegates therefrom, for the purpose
of choosing candidates for office or the election of delegates to other conventions, or for the purpose of electing officers of any political party, organization, convention or associa- tion.
(361) § 11462. SEC. 6. .No person shall be entitled to who may vote at any primary election unless of the age of twenty-one v< years and a duly qualified elector of the State.
(362) § 11463. SEC. 7. The punishment of any of the Punishment offenses in this act declared to be misdemeanors shall be a f °
fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or both such fine and imprisonment, in the discretion of the court.
(363) § 11464. SEC. 8. No primary election shall be held Primary dec- in a saloon, bar room, or in any place adjacent to a room or held in saloon, place where intoxicating liquors are sold. Polling places at e1 primary elections may be so arranged that the ballots may be received through an open window, but where the polling or
ballot box is inside the room shall be sufficiently large to admit a reasonable number of persons in addition to the inspectors, clerks and challengers.
(364) § 11465. SEC. 9. Primary elections known as cau- caucuses, cuses for the nomination of candidates for local offices and for
the appointment of delegates to conventions, shall be made to
120
STATE OF MICHIGAN.
begin at two o'clock in the afternoon and to continue until Notice of. eight o'clock in the evening, and at least five days' notice thereof shall be given by publication in one or more daily newspapers in places where such papers are published, and in other cases by posting up notices in at least three public places in the precinct for which the primary election is to be held. The manner of voting at such elections shall be by Proviso. ballot: Provided, That so much of this section as relates to
the hours during which primary elections shall be held, and the manner of voting thereat, shall be applicable only in cities having twenty-five thousand inhabitants and over, as by the last preceding federal or State census.
Delegates to state political convention, «tc., not to give a proxy.
Vacancies in delegation, how filled.
Proviso as to filling dele- gations.
Soliciting or promising re- ward, etc., by member of convention a misdemeanor.
PURITY OF CONVENTIONS.
An Act to provide for the purity of political conventions and to provide against corruption therein.
[Act 203 of 1895.]
The People of the State of Michigan enact:
(365) § 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 : Pro- vided, That in a city or county convention the delegation shall not be permitted to fill the vacancy which may occur in its number by any person not a resident of the ward or township from which such absent delegate was chosen and represented by such delegation, and that in a congressional or State .con- vention such delegation shall not be filled by any person not a resident of the county from which such absent delegate was chosen, and any person who shall violate any provisions of this section shall be deemed guilty of a misdemeanor.
(366) § 11467. SEC. 2. Any delegate or member of any such convention who shall solicit any candidate for nomina- tion before such convention, for money, reward, position, place or preferment for his support in such convention, or any can- didate 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 candidate, shall be deemed guilty of a misdemeanor.
ELECTION LAWS. 121
(367) § 11468. SEC. 3. Any candidate or person who other misde- shall pay either money or other valuable consideration, or meanors- 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.
(368) § 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.
DISTURBANCES.
[Extract from R. S. 1846, Chap. 158.]
(369) § 11709. SEC. 20. If any person shall make or excite any disturbance or contention in any tavern, store or ection grocery, street, lane, alley or higlrway, or at any election, or other public meeting where citizens are peaceably 'and law- fully assembled, he shall be deemed guilty of a misdemeanor, and upon conviction before any justice of the peace, or police justice, be punished by fine not exceeding twenty-five dollars, or 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.
Ware v. Judge, 75 / 495.
CLOSING OF SALOONS. [Extract from Act 313 of 1887.]
(370) § 5395. SEC. 17. All saloons, restaurants, bars, what da in taverns or elsewhere, and' all other places, except drug et ^s stores, where any of the liquors mentioned in this act are dl sold, or kept for" sale, either at wholesale or retail, shall be closed on the first day of the week, commonly called Sunday, on all elections days, on all legal holidays, and until seven o'clock of the following morning, and on each week day night 16
122
STATE OF MICHIGAN.
Officers to close all saloons, etc. found open.
Proviso.
Punishment for violation.
from and after the hour of nine o'clock until seven o'clock of the morning of the succeeding day. And 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 vio- lation of the provisions of this section, and to report forth- with all such violations to the prosecuting attorney, whose duty it shall be to immediately prosecute for such violations. The word "closed" in this section shall lie 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 and incorporated villages the common council or board of trustees, or council may, by ordinance, allow the saloons and other places where said liquors shall be sold to open at six o'clock in the forenoon and to remain open not later than eleven o'clock in the afternoon and no longer of of this section shall be deemed guilty of a breach of the peace any week day night, except on election days and holidays. Any person found in the act of violating any of the provisions and punished accordingly; and the arrest therefor may be without process, and this punishment shall be taken to be in excess of all other manner of punishment in this act provided for a violation of the provisions of this section. 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.
SHALL BE CLOSED : The meaning of the term "closed" is, that the sales at least shall be entirely stopped and the traffic shut off effectually, so that drinking and the conveniences for drinking shall be no longer accessible, and those who frequent saloons for that purpose shall be dispersed. — Kurtz v. People, 33 / 281 . The person who engages in the business of carrying on a saloon must at his peril see that no necessity exists for keeping the same open, by carrying on any other business therein, which would require the doors to be open, or for persons to enter therein. — People v. Waldvogel, 49 / 338 ; People v. Blake, 52 / 568 ; People v. Roby, 52 / 577 ; People v. Minter, 59 / 558. A saloon cannot be opened on such a day even for the pur- pose 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 possible for persons de- siring liquor to get in peaceably, by any entrance, or so long as any customer who is inside at the time for closing remains inside ; and it is not important that there is no one attending the bar, if the liquor is accessible. — People v. Cummerford, 58 / 328.
SALOON : Three rooms opened into one another and the tear one had an outer door. A bar was 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 ruuuis. — 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 pas- sage 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. Robbing, 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 process as for a breach of the peace, is unconstitutional. — Robison v. Miner, 68 / 549 ; People v. Rohrer, 111 / 31.
ELECTION LAWS. 123
CHAPTER IX.— COUNTY OFFICERS.
ELECTION AND QUALIFICATION. COUNTY TREASURER.
(371) § 2534. SEC. 35. The county treasurer shall be county treas- •elected at the general election for the term of two years, and IS? two?eis; shall be incapable of holding the office of county treasurer to ^ve bond- longer than four in any period of six years. He shall give a
bond for the faithful and proper discharge of the duties of Ms office, as hereinafter directed.
Rice v. Shay, 43/380.
(372) § 2537. SEC. 38. In case the office of county treas- office, how urer shall become vacant, or in case the treasurer, from any Ss?ofdvacan- cause, shall be incapable of discharging the duties of his office, cy> etc-
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.
(373) § 2538. SEC. 39. No person holding the office of who not to be prosecuting attorney, judge of a county court, county clerk, tr supervisor, or sheriff, shall hold the office of county treasurer.
JUDGE OF PROBATE.
(374) § 2549. SEC. 51. The judge of probate for each Judge of pro- organized county shall be elected at the general election, for elected for the terra of four years, and shall have possession of the seal, four years- 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 record may be inspected by all persons interested without charge.
Election to fill vacancy in office of. — Secord v. Foutch, 44 / 89 ; People v. Palmer, 91 / 283.
Probate judges are in no sense county officers. — Douvielle v. Manistee Super- visors, 40 / 585.
COUNTY CLERKS.
(375) § 2570. SEC. 61. The county clerk in each organ- 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.
124
STATE OF MICHIGAN.
Clerk to trans- mit list of jus- tices to secre- tary of state.
Also of town- ship and city clerks and supervisors.
(376) § 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 postoffice 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 county the names and postoffice addresses of the township and city officers, transmit to the secretary of state the names and postoffice addresses of the several town- ship and city clerks and supervisors, with the name of the township or city for which they are such clerks and super- visors set opposite their respective names.
SHERIFFS.
(377)
§ 2577,
SEC. 68. The sheriff of each organized
When sheriff
Sfoffice;biSd. county shall be elected at the general election, for the term of two years, and shall give bond to the people of this State in the penal sum of ten thousand dollars, and with such suffi- cient sureties, not less than three in number, as the judge of the circuit court, or the county judge shall approve.
People v. Mayworm, 5 / 146 ; Lamoreaux v. Att'y Gen., 89 / 147.
Two coroners to be elected in each county.
CORONERS.
(378) § 2607. SEC. 86. Two coroners shall be elected for each of the organized counties of this State, at the general election, for the term of two years, who shall give bond to the people of this State, in such penal sum, and with such sufficient sureties as the judge of the circuit court or the county judge, shall direct and approve, the condition of which bond shall be in substance the same as that to be given by the sheriff, varying only in the description of the office.
People v. Cicott, 16/283.
REGISTER OF DEEDS.
Election of (379) § 2610. SEC. 89. The register of deeds for each
organized county shall be elected at the general election, for the term of two years, and shall give bond to the people of this State in the penal sum of 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.
ELECTION LAWS. 125
(380) § 2614. SEC. 93. If, during a vacancy in the office when judge to of the register of deeds, or his absence or inability to perform fo performrs°n the duties of his office, there shall be no deputy register, or if ^eutisetse£f such deputy be unable from any cause to perform the said re duties, the judge of probate of the county may, by writing
under his hand, appoint some suitable person to perform the duties of register of deeds for the time being, who shall take an oath of office, and give such bond as the said judge shall direct and approve.
See section 409.
COUNTY SURVEYOR.
(381) § 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 office.
FILING OATHS AND BONDS BY COUNTY OFFICERS.
(382) § 2641., SEC. 118. Each of the officers named in certain offi- this chapter, except notaries public and prosecuting attor- oSh^et?^6 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 50.
(383) § 2642. SEC. 119. Each of the said officers of official bonds whom a bond shall be required by law, except the said treas- depositedbwith urer, before entering upon the duties of his office, and within ^e^7 treas" the time limited in the last preceding section for depositing
his oath, shall deposit his bond with the said treasurer, who shall file and preserve the same in his office; and the said treasurer; before entering upon the duties of his office, and within the time limited in the preceding sections for deposit- ing his oath, shall deposit his bond with the clerk of the county, who shall file and preserve the same in his office.
Detroit v. Weber, 26 / 284 : People v. Johr, 22 / 461. An officer who is himself a surety on the bond cannot approve it. — Stevenson v. Bay City, 26 / 44 ; Gallery v. Bank, 41 / 172.
(384) § 2645. SEC. 122. Whenever the governor shall £^f° of appoint a prosecuting attorney, the secretary of state shall transmit his commission to the clerk of the county for which
126 STATE OF MICHIGAN.
such prosecuting attorney was appointed, and the county clerk to give clerk, on receiving such commission, shall immediately give
notice thereof to the person so appointed.
Person (385) § 2646. SEC. 123. The person so appointed shall,
take'oatl? t( before entering upon the duties of his office, and within before clerk, 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. Term, when to (386) § 2647. SEC. 124. The regular terms of office of lce> the several county officers 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.
See section 54.
CIRCUIT COURT COMMISSIONERS.
An Act relative to circuit court commissioners, their election, powers,
and duties.
[Extract from Act 204 of 1881.]
The People of the State of Michigan enact:
Election (387) § 1064. SECTION 1. That there shall be elected at
.the next general election to be held in this State, and every two years thereafter, one circuit court commissioner in each of the organized counties, who shall enter upon the discharge of their official duties on the first day of January succeeding their election, and shall hold their offices two years, and be vested with judicial powers not exceeding those of a judge
Proviso. of the circuit court at chambers: Provided, That in each county in this State wherein any census taken by the author- ity of this State, or of the United States, shall show a popula- tion of twenty thousand or more, there shall be elected at the general election next succeeding the taking of such census, and every two years thereafter, two such circuit court com- missioners.
county can- (388) § 1065. SEC. 2. Whenever, in any county, two cir-
SSteSwhichS cuit court commissioners shall have been elected, it shall be the duty °^ the board of county canvassers to designate which of the persons so elected shall succeed to the office thereto- fore held by each circuit court commissioner : Provided, That if in any case the said board of county canvassers shall neglect or refuse to make such designation it may be made
ELECTION LAWS. 127
by the circuit judge of the judicial circuit of which such county constitutes the whole or a part.
(389) § 1066. SEC. 3. No person shall be elected a cir- Must be cuit court commissioner unless he be at the time an attorney attorney- and counselor at law of the supreme court.
(390) § 1067. SEC. 4. Every circuit court commissioner, oath of office, before he shall enter upon the duties of his office, shall take
and subscribe the oath of office prescribed by the constitution of this State, before some judge or^ clerk of a court of record, and cause the same to be filed by him in the office of the county clerk of his county.
(391) § 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 the faithful performance of the duties required of him -by this act, in the penal sum of not less than three thousand nor more than five thousand dollars, in the discretion of the circuit judge
or county clerk by whom the same may be approved; said bond, when approved, shall be filed with the county clerk of the proper county.
(392) § 1090. SEC. 27. Whenever a vacancy shall occur, vacancy, how for any cause, in the office of circuit court commissioner of ffl
any county, the governor may fill such vacancy by the ap- pointment of a person eligible to such office, who shall, upon taking the official oath and executing and filing the bond, as provided in section seventeen of this act, be authorized and required to discharge all the duties of circuit court commis- sioner, and shall be liable to all the provisions of law touch- ing said office, and shall hold the t same until his successor shall be duly elected and qualified. '
COUNTY COMMISSIONER OF SCHOOLS. [Extract from Act. 147 of 1891.]
(393) § 4809. SEC. 2. There shall be elected at the elec- commissioner tion held on the first Monday in April, nineteen hundred whenhe?ected, three, and every fourth year thereafter, in each county, one term« etc- commissioner of schools, whose term of office shall commence on the first day of July, next following his or her election, and who shall continue in office four years, or until his or her successor shall be elected and qualified. The county commis- TO me oath sioner of schools elected under the provisions of this section ai shall file with the county clerk, for the county for which he or she is elected, his or her oath of office and bond, the same as provided in section one of this act, and the county clerk shall make the same report to the superintendent of public instruction in all respects as provided in section one of this
128
STATE OF MICHIGAN.
Proviso, as to Chippewa county.
Eligibility to office of.
Proviso as to certain coun- ties.
Of vacancies.
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 of Chippewa, a commissioner of schools shall be elected at the general election to be held in November, nineteen hundred eight, and every fourth year thereafter, whose term of office shall commence on the first day of January next following his or her election.
Am. 1901, Act 35 ; 1905, Act 169.
(394) § 4810. SEC. '3. Persons eligible to hold the office of commissioner of schools must possess, besides an experi- ence of twelve months as teacher in the public schools of the State, one of the following qualifications: Must be a gradu- ate of the literary department of some reputable college, uni- versity or State normal school, having a course of at least three years, or hold a State teacher's certificate, or be the holder of a first grade certificate, but said first grade certifi- cate shall only qualify the holder thereof to hold the office of commissioner in the county where such certificate was granted: Provided, That persons who have held the office of commissioner of schools under the provisions of act num- ber one hundred forty-seven, public acts of eighteen hundred ninety-one, shall be eligible. In counties having less than fifty districts subject to the supervision of the county com- missioner, a person holding at the time of his or her election a second grade certificate shall be eligible.
QUALIFICATIONS OF COMMISSIONER : A high school is not a college within the meaning of this section. A special first grade certificate not granted at one of the regular public examinations provided for by law, or one granted without any examination, or one granted upon public examination after election as commissioner, does not qualify. — People v. Howlett, 94 / 165. The legislative intent is to keep up the standard of teachers by requiring cer- tain educational qualifications in the persons whose duty it is to examine the teachers and determine their fitness for their work. — People v. Howlett, 94 / 169.
(395) § 4819. SBC. 12. Whenever by death, resignation, removal from office or otherwise a vacancy shall occur in the office of the county commissioner of schools, the county clerk shall issue a call to the chairman of the township board of school inspectors of each township in the county, who shall meet at the office of the county clerk on a date to be named in said [notices] notice not more than ten days from the date of the notice, and appoint a suitable person to fill the vacancy for the unexpired portion of the term of office.
ELECTION LAWS. 129
DRAIN COMMISSIONERS. [Extract from Act 254 of 1897, Chap. II.]
(396) § 4310. SECTION 1. The board of supervisors of Appointment each organized county in this State shall, at their annual taSncom- meeting in the year eighteen hundred and ninety-seven and missioner. every second year thereafter, appoint one county drain com- missioner, whose term of office shall be two years, and shall Term of office, begin on the first day of January following his appointment.
All county drain commissioners holding office at the time that this act takes effect shall continue in office until the first day of January, eighteen hundred and ninety-eight. In vacancy, how case of vacancy in the office of the county drain commissioner occurring thirty days or more previous to a regular or special meeting of the board of supervisors the same may be filled within ten days, or as soon thereafter as practicable, by ap- pointment by a majority vote of the county clerk, prosecuting attorney and judge of probate of the county and of which election they shall file the certificate with the county clerk, and the person so appointed shall hold his office until the next regular or special meeting of the board of supervisors, when the said board shall fill such vacancy. Every county drain TO take and commissioner shall within ten days after his appointment, andSmebDond. take, subscribe and fil^e with the county clerk the oath of office required by the constitution of this State and shall also within the same time execute and file with such clerk a bond to the county in the penal sum of ten thousand dollars with two or more sufficient sureties to be approved by such clerk, conditioned upon the faithful discharge of the duties of his office. It shall be the duty of the county clerk, upon the ap- pointment of any county drain commissioner to make report state. thereof to the secretary of state, giving also the date he qualified and entered upon the discharge of his duties.
Am. 1809, Act 272.
COUNTY DRAIN COMMISSIONER: Eligibility of. — Kinyon v. Duchene, 21 / 498. See section following.
(397) § 43.17. SEC. 8. No person holding the office of who eii supervisor, highway commissioner or township clerk shall be eligible to the office of county drain commissioner, and any county drain commissioner accepting the office of supervisor, highway commissioner or township clerk shall thereupon be considered as having vacated the office of county drain com- missioner.
17
130
STATE OF MICHIGAN.
Bonds of
APPROVAL OF BONDS.
An Act to provide for the approval of the official bonds of county officers by the board of supervisors.
[Act 27 of 1873.]
The People of the State of Michigan enact:
(398) § 2648. SECTION 1. All official bonds of county officers which are now required by law to be approved by the Judge of tne circuit court, shall hereafter be approved by the board of supervisors of the county in which said officers are elected : Provided, however, That if the board of supervisors in any case shall not have approved of such bonds or the suffi- ciency of the sureties thereto, before any such officer shall enter upon the duties of his office, the circuit judge of the circuit to which such county may be attached, or the judge of probate of such county may, on application of the officer so elected, approve -of the bond and sureties thereto, on being satisfied of the pecuniary responsibility .of the sureties to meet the exigencies of said bond, subject, however, to the approval of the board of supervisors at their first meeting
Proviso— thereafter: Provided, That this act shall not be in force or
excised0111 'y operation in Wayne county.
Section 2 repeals "all acts or parts of acts contravening the* provisions of this act." — Bay Co. v. Brock, 44 / 49. See also sections 382-3.
superors! Proviso.
CHAPTER X.
Resignations,
RESIGNATIONS, VACANCIES AND RE- MOVALS FROM OFFICE.
RESIGNATIONS. [Extract from Ch. 15, R. S. of 1846.]
(399) § 1153. SECTION 1. Resignations shall be made as
follows:
1. By the governor, lieutenant governor, and all officers elected by joint vote of the senate and house of representa- tives: to the legislature;
2. By officers appointed by the governor alone, or by the governor by and with the advice and consent of the senate, or both branches of the legislature: to the governor;
3. By senators and representatives, to the presiding offi- cers of their respective houses, who shall immediately trans- mit the same to the governor;
4. By all other officers who hold their offices by election, except officers elected at township meetings; to the officer or officers respectively authorized by law to order a special
ELECTION LAWS. 131
election 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. '
Sherman v. Supervisors, 84 / 111. When a resignation will be presumed. — Bird v. Perkins, 33/30.
(400) § 1154. SEC. 2. It shall be the duty of all officers, Duties of cm- bodies, or boards to whom the resignation of any office con- templated in the last preceding section, is authorized to be
made, or who are authorized to fill any vacancy in any of said offices, or to order a special election therefor, when duly informed of the existence of such vacancy, to cause to be filed in the office of the secretary of state a statement of the occur- rence, with the date and cause of such vacancy.
Secord v. Foutch, 44 / 92. See section 402.
VACANCIES.
(401) § 1155. SEC. 3. Every office shall become vacant, what events on the happening of either of the following events, before the Jancy.ate expiration of the term of such office:
1. The death of the incumbent;
2. His resignation;
3. His removal from office;
4. His ceasing to be an inhabitant of this State; or, if the office be local, of the district, county, township, city or village, for which he shall have been elected or appointed, or within which the duties of his office are required to be dis- charged ;
5. His conviction of any infamous crime, or of any offense involving a violation of his oath of office;
6. The decision, of a competent tribunal, declaring void his election or appointment; or,
7. His refusal or neglect to take his oath of office, or to give or renew any official bond, or to deposit such oath or bond in the manner and within the time prescribed by law: Provided, That the supervisor of any township, in which the Proviso office of a township treasurer or justice of the peace may be- come vacated by operation of this act, shall immediately trans- mit to the county clerk of the county in which such township treasurer or justice of the peace resides, a notice in writing, officially signed by him, informing the county clerk that the office of such township treasurer or justice of the peace is vacated.
SUBDIVISION 7 : A party, however well entitled to an office, loses his right unless he files his oath and bonds. — Wayne Auditors v. Benoit, 20 / 181 ; Paw Paw v. Eggleston, 25 / 36. But the directions as to time are not appli- cable to a person to whom the election board refuses a certificate, but can apply only to the person declared elected. — People v. Mayworm, 5 / 146 ; Wayne Auditors v. Benoit, 20 / 181. One who has been elected to the office of justice of the peace and has entered upon the duties thereof, is an officer de facto, notwithstanding his failure to file his oath of office, and bond within the time prescribed by law. — People v. Payment, 109 / 553.
132
STATE OF MICHIGAN.
ACCEPTING INCOMPATIBLE OFFICE : The rule is well settled that he who, while occupying one office accepts another incompatible with the first, ipso facto vacates the first office. — Northway v. Sheridan, 111/18.
How vacancies in certain of- fices filled.
Notice of va- cancy, where filed.
An Act in relation to vacancies in certain State and county offices. [Act 190 of 1879.]
(402) § 1156. SECTION 1. That in case a vacancy shall occur in any public office, which vacancy may be filled by ap- pointment by the governor or otherwise, notice of such va- cancy 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 recorders of said city courts, by the clerk of the county wherein such offi- cer may reside at the time the vacancy shall occur; if in the office of county clerk of any county, by the judge of probate of the same county; if in the office of secretary of state, by the state treasurer, and in all other cases by the secretary of state; in all cases where a vacancy may occur in an office the salary of the incumbent of which shall be paid in whole or part from the State treasury, the officer, board or body having the appointing power shall immediately after receiv- ing notice of such vacancy notify the auditor general of such vacancy.
See section 400.
Certain officers may be re- moved for misconduct.
REMOVALS FROM OFFICE. [Extract from Ch. 15, R. S. of 1846.]
(403) § 1157. SEC. 4. The secretary of state, auditor general, and all State and county officers, 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 with- out the concurrence of the governor, may, for official miscon- duct, or habitual or wilful neglect of duty, at any time dur- ing the recess of the legislature, be removed, and the vacancy supplied during such recess, by the governor.
NO REMOVAL WITHOUT CAUSE: Officers cannot be removed without cause. — People v. Lord, 9 / 227 ; People v. TUerrien, 80 / 187. Our state
ELECTION LAWS. 133
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 superintendents of the poor. — Id. 418.
(404) § 1158. SEC. 5. All officers who are, or shall be Persons ap- appointed by the governor to fill a vacancy which shall have existed during the reces.s of the legislature, may be removed
by the governor.
(405) § 1159. SEC. 6. The governor may remove all Governor may county officers chosen by the electors of any county or ap- fo^rtain06 pointed by him, and shall also remove all justices of the peace reasons- 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 sub- mitted to him, as hereinafter provided, that such officer is incompetent to execute properly the duties of his office, or has been guilty of official misconduct, or of wilful neglect of duty, or of extortion, or habitual drunkenness, or has been convicted of being drunk, or whenever it shall appear by a certified copy of the judgment of a court of record of this State that such officer after his election or appointment shall have been convicted of a felony ; but the governor shall take no when may action upon any such charges made to him against any such m officer until the same shall have been exhibited to him in writ- ing, verified by the affidavit of the party making them, that he believes the charges to be true, with a statement of the prose- cuting attorney of* the county, that in his opinion the case demands investigation. But no such officer shall be removed officer to be for such misconduct or neglect unless charges thereof shall En!ty°topbe~ have been exhibited to the governor, as above provided, and a heard- copy of the same served on such officer, and an opportunity given him of being heard in his defense.
Miner v. Supervisors, 49 / 602 ; Clay v. Stuart, 74 / 411 ; Att'y Gen. v. Detroit Com. Council, 112/169.
(406) § 1165. SEC. 12. The iudge of the circuit court and when and by
J , °, , . . whom county
the circuit court commissioner shall have authority, in term clerks may be
or vacation, to remove the county clerk when in their opinion re
he is incompetent to execute properly the duties of his office,
or when, on charges and evidence, they shall be satisfied that
he has been guilty of official misconduct, or habitual or wilful
neglect of duty, if in their opinion such misconduct or neglect
shall be a sufficient cause for such removal ; but no such clerk
shall be removed for such misconduct or neglect, unless
charges thereof shall have been preferred to said judge or
commissioner, and notice of the hearing with a copy of the
charges delivered to such clerk, and a full opportunity given
him to be heard in his defense. All expense on the part of
the prosecution for examination of charges, provided for in
the preceding section of this act, shall be paid by the counties
in wrhich the officer to be examined holds his office.
134
STATE OF MICHIGAN.
Whengov- (407) § 1166. SEC. 13. The office of state treasurer,
§arer certain6" commissioner of the land office, or of any other collector or offices vacant, receiver of public moneys, appointed by the legislature, by the governor alone, or by the governor, by and with the advice and consent of the senate, or of both branches of the legisla- ture, except those officers for whose removal provision is other- wise made by law, may be declared vacant by the governor, in case it shall appear to him on sufficient proofs, that such treasurer, commissioner or other officer, has in any particular wilfully violated his duty.
An Act to subject all persons holding office under the government of the State of Michigan to removal from office for drunkenness.
[Act 79 of 1871.]
The People of the State of Michigan enact:
Drunkenness (408) § 1167. SECTION 1. That the drunkenness of any movaHront person holding office under the constitution or laws of this office. State shall be good cause for removal from office by the
authority and in the manner provided by law.
When circuit judge may ap- point person to execute duties of county clerk and prosecu- ting attorney.
How other county offices may be filled for the time being.
SUPPLYING VACANCIES. [Extract from Ch. 15, R. S. of 1846.]
(409) § 1169. SEC. 15. When at any time there shall be in either of the offices of county clerk or prosecuting at- torney, no officer duly authorized to execute the duties thereof, the judge of the circuit court of the Circuit in which the county where suck vacancy exists, shall be situated, may ap- point some suitable person to perform the duties of either of said officers for the time being; and when at any time there shall be in either of the offices of sheriff, coroner, reg- ister 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 perform the duties of either of said offices for the time being.
Constitution, Art. 6, sec. 10 ; Sayles v. Judge, 82 / 89 : Lamoreaux v. Att'y Gen., 89 / 149. Temporary vacancies in county offices are filled by appoint- ment and not by election. — Att'y Gen. v. Hollister, 59 / 591.
REGISTER OP DEEDS: See section 380.
Persons ap-fiii (41Q) § 1170. SEC. 16. Each of the persons appointed vacancy to in pursuance of either of the two last preceding sections, tc. shall, before proceeding to execute the duties assigned him,
ELECTION LAWS. 135
comply with such conditions and directions as shall be pre- scribed and given relative to oaths and bonds, by the officer or officers appointing him as aforesaid.
An Act prescribing the manner of filling vacancies in certain State offices.
[Act 159 of 1851.]
The People of the State of Michigan enact:
(411) § 1172. SECTION 1. That whenever, from any vacancies m cause, there shall be a vacancy in the office of auditor general, Sees? how6 attorney general, secretary of state or state treasurer, su- fiUed- perintendent 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 appointed shall take the same oath of office, and give a bond in the same manner as provided by law for the officer for whose vacancy he shall be so appointed ; and such person shall hold such office, unless sooner removed by competent author- ity, until his successor shall be elected and qualified uhder the constitution of this State, or until the close of the next session of the legislature.
DECLARING AND PILLING VACANCIES BY BOARDS OF SUPERVISORS. [Extract from Act 156 of 1851.]
(412) § 2484. SEC. 11. The said several boards of su- Boards of pervisors shall have power, and they are hereby authorized, at any meeting thereof, lawfully held:
Fourteenth, To require any county officer, whose salary or Reports and compensation is paid by the county, to make a report, under oath, to them on any subject or matters connected with the cers- duties of his office, and to require such officer to give bonds, or further or additional bonds, as shall be reasonable or necessary, for the faithful performance of their respective duties ; and any such officer who shall neglect or refuse to Neglect or re- make any such report, or to give such bond within a reason- Jjgjj able time after being so required, may be removed from office removal. 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
136
STATE OF MICHIGAN.
unexpired term, if the office be an elective one, the vacancy shall be filled at such election, and it shall be the duty of such board to give reasonable notice of such election to fill the vacancy.
Am. 1905, Act 98.
See section 380.
This subdivision does not give the board the general power of removal, but only for the two causes named — failure to report and neglect to give bonds. — Mead v. Ingham Co. Treasurer, 36 / 416. Cases of incompetency, see Trainor v. Wayne Co. Auditors, 89 / 162.
CHAPTER XI— ELECTION OF JUDGES AND REGENTS. CIRCUIT JUDGES.
Election of circuit judge.
Duties of in- spectors of election.
Secretary of state to give notice to sheriffs.
Sheriffs to notify town- ship clerks, etc
An Act to provide for the election of circuit judges and regents of the
University.
[Act 25 of 1851.]
The People of the State of Michigan enact:
(413) § 3735. SECTION 1. That an election shall be held on the first Monday in April, one thousand eight hundred and fifty -one, and every sixth year thereafter, in each of the judi- cial circuits into which, under the revised constitution and schedule thereto, and laws, the State is divided, by the elec- tors thereof, of one circuit judge and one regent of the uni- versity, who shall hold their offices respectively for the term of six years, and until their successors are elected and quali- fied.
So far as relates to regents of the university, this act is superseded by the act immediately following. When this act was passed, Const. XIII, 6, pro- vided for the election of a regent in each judicial circuit.
(414) § 3736. SBC. 2. The inspectors of elections in the several townships and wards in cities throughout the State, are hereby required to prepare a ballot box to receive all bal- lots that may be offered at such election for circuit judge and regent of the university, both of which officers shall be voted for on one ballot.
(415) § 3737. SEC. 3. The secretary of state shall, im- mediately after the passage of this act, transmit to the sheriff of each county included within the several judicial circuits of this State a notice in writing, containing a brief statement of the contents of this act, and he shall cause a copy of this act to be published in such newspapers within the several judicial circuits as he may deem proper, once in each week from the date of the notice till the election aforesaid.
(416) § 3738. SEC. 4. The sheriffs of the several coun- ties, on receiving the notice hereby provided for, shall forth- with, in writing, notify the township clerk of each township,
ELECTION LAWS. 137
and one of the inspectors of election of each ward in any city, of such election ; and it shall be the duty of the township Township clerks and inspectors of election receiving said notice to give eight day's notice, except for the election in eighteen hundred and fifty-one, in writing, under their hands respectively, to the electors of the township or ward, of the time and place of holding such election, by posting the same up in at least three public places in the township or ward.
(417) § 3739. SEC. 5. The election provided for by this Election can- act shall be conducted in the same manner as by existing laws vass> etc*
is provided for the holding of a general election; and the in- spectors of elections shall make the same canvass, statement and returns, and they are hereby invested with the same powers and authority as are provided by the election laws of this State for a general election.
(418) § 3740. SEC. 6. The county canvass for the sev- County can- eral circuit judges and regents of the university, shall be on Jefd.' when the second Tuesday succeeding the election, and shall be con- ducted in all respects in the same manner, and returns shall
be made in the same manner and within the same time as is provided by existing laws for the canvass of representatives to congress ; but the county clerks of the several counties statement, shall transmit one of the certified copies of the statement of turned™" votes to the state treasurer, instead of the auditor general.
(419) § 3741. SEC. 7. The secretary of state, state treas- Board of state urer and commissioner of the state land office, shall consti- ca
tute the board of state canvassers, and they are hereby auth- orized and required to proceed in the canvass and determina- tion of the election of the several circuit judges and regents of the university, in the same manner and within similar periods of time, as near as may be, as is provided by law for Const. Art. 8, the canvass of the election of representatives to congress, and Their duty. shall transmit similar notices to the persons declared to be elected to the offices of circuit judge and regent of the univer- sity in the several judicial districts: Provided, That the board of state canvassers shall not determine the result of the election for a regent of the university in the county of Wayne, until after the receipt of the several statements of votes given for a regent of the university in the upper pen- insula : Provided, Such statement shall be received before Pj™so0afs to the third Tuesday of November next ensuing, when said board wayne.° shall proceed to canvass and determine the election of such regent, as in other cases.
(420) § 3742. SEC. 8. The officers elected under the pro- commence- visions of this act, shall enter upon the discharge of their m respective duties on the first day of January succeeding their election.
Section 9 was superseded by section 24 of act 190 of 1891. See section 133 of .this compilation. 18
138
STATE OF MICHIGAN.
REGENTS OF THE UNIVERSITY.
General elec- tion for re- gents.
An Act to provide for the election and classification of regents of the
University.
[Act 143 of 1863.]
The People of the State of Michigan enact:
(421) § 3743. SECTION 1. That a general election shall be held in the several townships and wards of this State on the first Monday in April, in the year one thousand eight hundred and sixty-three, and on the first Monday in April in every second year thereafter, for the election of regents of the university, who shall enter on the duties of their office on the first day of January next succeeding their election.
See constitution, Art. 13, section 6 ; section 47 of this compilation.
Election in (422) § 3744. SEC. 2. At the election to be held on the
first Monday of April, in the year one thousand eight hun- dred and sixty-three, there shall be elected eight regents of
HOW classified, the university, who shall be divided into four classes, of two each, to be numbered one, two, three and four, whose term of service shall commence on the first day of January, one thou-
Term of ser- sand eight hundred and sixty-four. The term of service of
dass°f ( class number one shall expire in two years ; the term of 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,
Biennial eiec- 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 expira- tion of their term of service.
Sections 3 and 4 relate to the manner of giving notice of first election- under this act.
Elections, how conducted.
Canvass, how conducted.
(423) § 3747. SEC. 5. The several regents of the univer- sity, to be elected as aforesaid, shall be voted for on the same ballots with the justice or justices of the supreme court and circuit judge, to be chosen at such election; and the election provided for by this act shall be conducted in the same man- ner, and by the same officers, and the same notices of time and place shall be given as by existing laws for election of justices of the supreme court, and the inspectors of election shall make the same canvass, statement and return, and shall be invested with the same powers as are provided by the laws of this State for a general election.
(424) § 3748. SEC. 6. The county and state board of canvassers for said election shall consist of the same persons-
ELECTION LAWS. 139
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 secretary of state shall perform the same duties in relation thereto, and all the proceedings shall be conducted in accordance with the laws regulating the canvass of votes cast at a general election, so far as the same are applicable.
Sec. 7 relates to the classification of regents first elected.
JUSTICES OF THE SUPREME COURT.
An Act to provide for the organization of the supreme court, pursuant to section two of article six of the constitution.
[Act 146 of 1857 as amended.]
The People of the State of Michigan enact:
(425) § 177. SECTION 1. From and after the first day HOW consti- of January, nineteen hundred five, the supreme court shall tuted- consist of a chief justice and seven associate justices, to be chosep by the electors of this State, and in the mean time
the supreme court shall continue as at present organized.
Am. 1903, Act 250.
(426) § 178. SEC. 2. A general election shall be held in General eiec- the several townships and wards of the State, on the first }^Sj£T Monday of April, in the year one thousand eight hundred and fifty-seven, and on the first Monday of April in every second
year thereafter, for the election of judges or justices of the supreme court.
(427) § 179. SEC. 3. At the election to be hel<J in the Additional several townships and cities of this State, on the first Tues- Stef.'tlrm1 day after the first Monday of November, nineteen hundred of °mce» etc- four, there shall be elected three additional associate justices
of the supreme court, who shall enter upon office on the first day of January, nineteen hundred five, one of whom shall hold his office until the thirty-first day of December, nineteen hun- dred seven, one shall hold his office until the thirty-first day of December, nineteen hundred nine, and one shall [hold] his office until the thirty-first day of December, nineteen hun- dred eleven. The ballots cast at such election for such justices shall designate the term of service of each justice voted for. At the election to be held in the several townships and cities
140
STATE OF MICHIGAN.
Vacancy, how filled.
of this State, on the first Monday in April, nineteen hundred five, there shall be elected one justice of the supreme court, who shall hold his office for the term of eight years from and after the first day of January next succeeding such election. At the election to be held in the several townships and cities of this State, on the first Monday in April, nineteen hundred seven, and every two years thereafter, there shall be elected two justices of the supreme court to hold their offices respec- tively for the term of eight years from and after the first day of January next succeeding such elections. The several jus- tices of the supreme court now in office shall hold their offices respectively during the term for which they have been elected, and the term of all other justices of the supreme court shall be eight years, as above provided.
Am. 1903, Act 250.
(428) § 180. SEC. 4. Whenever a vacancy shall happen in the office of judge of the supreme court, it shall be filled by appointment of the governor, and a successor shall be elected at the next general election which may be held on the first Monday of April thereafter ; unless a general election shall be held in November, prior to such election in' April ; and in such case he may be elected at such election in Novem- ber.
Sections 5 and 6 provided for the notification of officers of the new enact- ment.
(429) § 181. SEC. 7. The inspectors of election in the several townships and wards in cities throughout the State, are hereby required to prepare a ballot box at each of the biennial elections provided for in this act, to receive all bal- lots that may be offered at such elections for a judge or judges of the supreme court, and for circuit judge and regent of the university, all of which shall be voted for on the same ballot.
(430) § 182. SEC. 8.. The election provided for by this act shall be conducted in the same manner and by the same officers, and notices of the time and place shall be given, as by the existing laws provision is made for holding a general election* in the State in the month of November of each second year; and the inspectors of election shall make the same can- vass, statement and returns, and they are hereby invested with the same powers and authority, as are provided by the election laws of this State for a general election.
(431) § 183. SEC. 9. The county canvass for judges of the supreme court shall be held on the second Tuesday suc- ceeding the election, and shall be conducted in all respects in the same manner and by the same officers, and returns shall be made in the same manner and "within the same time, as is provided by existing laws for the canvass of votes cast for circuit judges, secretary of state, and other State officers.
Ballot box.
Elections, how conducted.
County can- vass, when to be held and how con- ducted.
ELECTION LAWS. 141
(432) § 184. SEC. 10. The secretary of state, state Board of state treasurer, and commissioner of the state land office, shall con- c^™38618- stitute the board of state canvassers, and they are hereby HOW to pro- authorized and required to proceed in the canvass and de- termination of the election of the judges or judge of the supreme court, in the same manner and at the same time as is provided by law for the canvass of the election of circuit judges and regents of the university, and they shall make a statement of the votes cast and the number cast for each per- son, and determine the person or persons elected, and make and subscribe on such statement a certificate of such deter- mination, and deliver the same to the secretary of state, who shall cause the same to be recorded in his office ; all of which proceedings shall be conducted in accordance with the laws regulating the canvass of votes cast at a general election for State officers, so far as the same are applicable.
The balance of this act relates to the classification of judges, and powers and duties of the court.
ELECTION OF U. S. SENATORS.
An Act to designate the time, and provide the manner of electing United %
States Senators.
[Act 1 of 1869.]
The People of the State of Michigan enact:
(433) § 1144. SECTION 1. That the legislature which Time of elect- shall be chosen next preceding the expiration of the time for mg- 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 x a senator in congress, in the place of such senator so going out of office, in the following manner : Each house shall Each house openly, by a viva voce vote of each member present, name one Jugate, person for senator in congress; and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each house, shall be entered on the journal Entries to of each house by the clerk or secretary thereof ; but if either house shall fail to give such majority to any person on such day, that fact shall be entered on the journal. At twelve joint con- o'clock, meridian, of the day following that on which proceed- ventlon- 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 per- journals to son shall have received a majority of all the votes in each ^^Sity house, such person shalj be declared duly elected a senator Vote in each to represent this State in the congress of the United States; h(
142
STATE OF MICHIGAN.
Vacancies, how filled.
but if the same person shall not have received a majority of the votes in each house, or if either house shall have failed to take proceedings as required by this act, the joint conven- tion shall then proceed to choose, by a viva voce vote of each member present, a person for the purpose aforesaid; and the person having a majority of all the votes of the said joint convention, a majority of all the members elected to both houses being present, and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint convention shall meet at twelve o'clock, meridian, of each succeeding day during the session of the legislature, and take at least one vote, until a senator shall be elected.
(434) § 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 va- cancy, in the manner hereinbefore provided for the election of a senator for a full term; and if a vacancy shall happen during the session of the legislature, then, on the second Tues- day after the legislature shall have been organized, and shall have notice of such vacancy, the legislature shall proceed to elect as aforesaid.
(435) § 1146. SEC. 3. It shall be the duty of the gov- ernor, upon the election of a senator, as herein provided, to certify his election to the president of the senate of the United States, which certificate shall be countersigned by the secre- tary of state, under the seal of the State. He shall also de- liver by mail or otherwise a like certificate to the person so elected senator.
Governor to certify elec- tion.
Section 4 repeals "all acts or parts of acts contravening the provisions of this act."
ELECTIONS IN UPPER PENINSULA.
STATE AND COUNTY OFFICERS.
An" Act to change the time of holding the election for State and county officers in the upper peninsula, and to repeal the existing law on that subject.
[Act 68 of 1863.]
The People of the State of Michigan enact:
Election, when (436) SECTION 1. That in the year eighteen hundred and
SndSctded°w sixty-four, and every two years thereafter, the election for all
State and county officers in the u^per peninsula, shall be
held on the Tuesday succeeding the first Monday in Noveni-
ELECTION LAWS. 143
ber, and shall be conducted, in all respects, in accordance with the law relative to holding general elections.
Section 2 repeals section 134 of Chap. 6, C. L., 1857.
(437) SEC. 3. The returns of elections in the upper pen- Returns of insula shall be made at the several places, and within the el< «ame period of time, after the day of election, as is now pro- vided by law for making election returns in the upper pen- insula.
PROSECUTING ATTORNEY.
An Act to change the time of holding the election for prosecuting attorney in the upper peninsula.
[Act 253 of 1865.]
The People of the State of Michigan enact:
(438) SECTION 1. That at the time of electing county and E{fcti?nid State officers, on the Tuesday succeeding the first Monday in w November, in the year eighteen hundred and sixty-six, and every two years thereafter, there shall be elected a prosecuting attorney in each of the counties in the upper peninsula ; and HOW con- the said election shall be conducted, the returns made, and dl the votes canvassed in all respects as is now provided by law for making election returns in the upper peninsula.
See secton 51 and note, and notes to section 94.
OVERSEERS OF HIGHWAYS.
An Act to provide for the election of overseers of highways, by ballot, in the upper peninsula of Michigan.
[Act 39 of 1867.]
The People of the State of Michigan enact:
(439) §2278. SECTION 1. That at each annual township Election of meeting, held in each organized township (or in any township Mghways.°f that may be organized hereafter), in the upper peninsula, on
the first Monday of April in each year, there may be elected by ballot, one overseer of highways for each road district in said township.
(440) § 2279. SEC. 2. The name of the overseer, and Manner of where a township is divided into two or more districts, the stlr!m
144
STATE OF MICHIGAN.
number of the district shall be designated as district number one, district number two, and so on to the required number of districts in said township, shall be on the same ballot with the other township officers, and be elected in the same manner as is now provided by law for the election of township officers by ballot.
of com- (441) § 2280. SEC. 3. Should any of said townships 5ghwaysstof neglect to elect overseers of highways, as provided in this act, fiii vacancies. or should the office for any cause become vacant, or should a new road district or districts be formed in any of the town- ships, it shall be the duty of the commissioner of highways of the township to fill such vacancies, and appoint an over- seer of highways for any new road district, who shall hold his office until the next annual township meeting, and until his successor is elected and qualified according to law.
CHAPTER XII.— ELECTIONS IN FOURTH CLASS CITIES AND VILLAGES.
Time of hold- ing first elec- tion.
Proviso as to registration of electors.
When special election may be held.
Who to be' appointed in- spectors of election.
Clerk to give notice of time and place for holding elec- tion.
FOURTH CLASS CITIES.
[Extract from Act 215 of 1895.]
CHAPTER I.
(433) § 1144. SECTION 1. That the legislature which new corporation shall be held on the first Monday in April next after the filing of the declaration of incorporation in the office of the secretary of state : Provided, There shall be sufficient time after the division of the city into wards, to mfake a registration of the electors, and to give the notice of election hereinafter required; and if there shall not be suffi- cient time for that purpose, then such first election shall be held on the first Monday of April next thereafter; or the council may appoint a day for the holding of a special election, upon giving like notice as hereinafter required for the hold- ing of such elections.
For proceedings for incorporation of cities of the fourth class see sections 2956-65, C. L., 1897.
(443) § 2967. SEC. 12. At least ten days before the first election in and for the new corporation, the council of the old corporation shall appoint four persons in each ward as inspectors of such election therein; and cause notice to be given, by the clerk, by handbills posted in ten of the most public places in each ward, and by publication in one or more newspapers printed in the city, of the time and place in each
ELECTION LAWS. 145
ward of holding such election, and of the city and ward offi- cers to be elected ; and of the place in each ward where the When inspect- said inspectors of election will meet on the Saturday next SS^ufjSj'S preceding the election to make a registration of the electors registration, of the new city corporation, and that no person, unless reg- istered in such registry, can be permitted to vote at such elec- tions. Said council shall also procure books of registry of council to pro- the form required by law for the registration of electors in reg£t??°ks for cities, and deliver them to said inspectors.
QUALIFICATION OF ELECTORS : See sections 31, 59 and notes.
(444) § 2968. SEC. 13. The inspectors of election, ap- inspectors of pointed as provided in the preceding section, shall constitute coStute0 boards of registration for their respective wards for the pur- -^JJ^ reg" pose of making the first registry of the electors therein. They 'oYtVoT office, shall take and file with the clerk the oath of office required in
this act to be taken by city officers, and shall meet in their respective wards on the day and place appointed in 'the notice mentioned in the preceding section, and there make a registry of all persons in the wards qualified by law to be registered as electors therein. In making such registry they shall pro- Manner of ceed in the manner provided by law for making the registry of^fecforf. of electors in cities. Such registry, wThen completed, shall be the registry of electors of the several wards of the city.
(445) § 2969. SEC. 14. Said inspectors shall be inspec- who to. be in- tors of such first election in their respective wards, and shall Selection, have the same powers and perform the same duties at the dutles- election, and in respect to the canvass of the votes, and in
making and returning written statements and certificates of the votes cast, and for whom given, as are required of inspec- tors at annual city elections provided for in this act, except that said written statements and certificates shall be deposited with the village clerk, and the village council shall respec- tively perform the same duties in respect to the canvass of the votes and returns, and in determining and certifying what persons were elected to office, and in notifying such persons of their election as are required of the city clerk and council in respect to said annual city elections.
CHAPTER III.
WARDS.
(446) § 2976. SECTION 1. The wards established by the wards. council as provided in section ten, chapter one of this act, and the wards established in any incorporated city at the tirfie of its reincorporation under the provisions of this act, shall con- tinue to be the wards of such city, until changed by the legis- lature.
19
146
STATE OF MICHIGAN.
Number of wards, how apportioned.
Change of boundaries not to affect alder- men or ward officers.
In case of a new ward how terms of alder- men may be designated.
(447) . § 2977. SEC. 2. Any city having a population of less than five thousand inhabitants may be divided into three wards. If it contains a population of five thousand or up- wards it may be divided into four wards, and an additional ward for every additional two thousand inhabitants above five thousand and up to ten thousand. But any city having, at the time of its being brought under or subject to the pro- visions of this act, a greater number of wards in proportion to its population than above mentioned, shall not be required to diminish the number of its existing wards.
(448) § 2978. SEC. 3. No election of aldermen or ward officers shall be held in any newly established ward, or in any ward, on account of changes in the boundaries thereof, pre- vious to the next annual city election; nor shall the office of any alderman or other officer elected in any ward be vacated by reason of any change in such ward ; but any such alderman and other officer shall, during the remainder of his term, continue in office and to represent the ward including the place of his residence at the time of the change of the bounda- ries of the ward, unless the office become vacant for some other cause.
(449) § 2979. SEC. 4. When by the creation of a new ward two aldermen are to be elected therein at the same time, one of them shall be elected for one year, and one for two years, and the term of each shall be designated on the ballot.
Who deemed electors.
Residence of electors.
CHAPTER IV.
ELECTORS AND REGISTRATION.
(450) § 2980. SECTION 1. The inhabitants of cities hav- ing the qualifications of electors under the constitution of the State, and no others, shall be electors therein, and every elector shall vote in the ward or election district where he shall have resided during the twenty days next preceding the day of election. The residence of any elector, not being a householder, shall be deemed to be in the ward or election district in which is located his regular place of lodging.
See sections 31 and 59, and- notes. Warren v. Bd. of Registration, 72 / 405.
Council may divide wards into voting precincts.
(451) § 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 elec-
ELECTION LAWS. 147
tions in such districts, not covered by the provisions of this chapter, shall be provided for by the council making such division.
REGISTRATION.
(452) § 2982. SEC. 3. The aldermen of each ward shall Aldermen to constitute the board of registration therein, except as in this cc
act otherwise provided. If, by reason of a change of boundary ^ of any ward, or the formation of a new ward, or the forma- to 'appoint" tion of more than one election district in a ward, or other member3'1 cause, there shall not be any or a sufficient number of alder- men representing such ward or residing within each election district,*to constitute a board of registration of two persons, the council shall supply the vacancy or appoint a board of registration for the ward or election district. The members compensation composing such board of registration shall receive two dol- lars per day as compensation.
See general law for registration in cities, sections 57-63.
(453) § 2983. SEC. 4. When changes shall be made in when change 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 the ward or district to which the transfer was made, and be stricken from the reg- ister of the ward or district from which the elector was trans- ferred by the change.
(454) § 2984. SEC. 5. When a new ward or voting dis- when ™™med trict shall be formed, the board of registration thereof, at its board't^SXke session next preceding the next election therein, shall make new regis1
or complete a new register of the electors residing therein,
and for that purpose shall remain in session two days, and Notice of to
notice of the formation of such ward or district, and that a b<
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.
(455) § 2985. SEC. 6. Each ward, unless otherwise sub- Each ward to divided, shall be an election district. On the Saturday next dfstaricte!ec1 preceding a general election, and on the Saturday next pre- ceding the day of the regular city election, or any special election, and on such other days as shall be appointed by the when board^ council, not exceeding three days in all, previous to any such tosff?stl election, the several boards of registration for the city, ex- cept as in this act otherwise provided, shall be in session at
148 STATE OF MICHIGAN.
such places in their several wards as shall be designated, as
hereinafter provided, from eight o'clock in the forenoon until
eight o'clock in the afternoon, for the purpose of completing
Each qualified the lists of the qualified voters ; during which session it shall
Ssname have be the right of each person then actually residing in the ward
registered. or voting district, and who, at the then next approaching
election may be a qualified elector and whose name is not
already registered, to have his name entered in the register
of such ward or voting district.
when council (456) § 2986. SEC. 7. At least two weeks previous to whe?epboani the commencement of any such session of the several boards to meet. of registration, the council shall fix the place in each ward
and voting district of the city where the board of registration Hown9ticeof will meet, and at least eight days before such sessio'n of the to be given. boar(i the city clerk shall give notice by hand bills posted in ten public places in each ward or voting district, and by pub- lication in one or more newspapers printed in the city, of the time and place in each ward or voting district when and where the board of registration for such ward and voting General laws district will meet. Except as in this act otherwise provided, Jeg!sPt?Sion. the general laws of this State relating to the registration of electors in cities shall apply to the registration of electors in cities incorporated under or made subject to the provisions of this act.
when board to (457) § 2987. SEC. 8. The boards of registration in t?ation.eregis cities incorporated under this act at their sessions previous to the general election in November, in the year one thou- sand eight hundred and ninety-six, sh'all make a reregistration of the qualified electors of their respective wards, in books of oid register the form provided by law. The same rules shall be observed ied- in such reregistration as are provided by law for the registra- tion of electors in, cities ; and a like reregistration of the elec- tors of each ward shall be made at the session of the board next preceding the general election, in the year nineteen hun- dred, and every fourth year thereafter. When such new reg- istry 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 when notice of such new register. Notice that such reregistration is required to be made shall be given with the notice of the meeting or session of the board at which it is to be made.
CHAPTER V.
OFFICERS.
what city (458) § 2988. SECTION 1. In cities incorporated under
.10 be this act the following city officers [viz.], namely, a mayor, city clerk, city treasurer, and two justices of the peace, shall
ELECTION LAWS. 149
be elected by the qualified voters of the whole city : Provided, Treasurer That no person shall be eligible to the office of city treasurer twoterms* for more than two terms in succession.
(459) § 2989. SEC. 2. In each ward a supervisor, two ward officers aldermen and a constable shall be elected : Provided, That to
the council of any city reincorporated under and made sub- ject to the provisions of this act, which at the time of such reincorporation shall have but two wards, may provide by ordinance for the election of two additional aldermen, to be known as aldermen at large, and to be elected by the qualified electors of the whole city. At the first election held under this act one of such aldermen shall be elected for a term of one year and one for a term of two years, and annually there- after one shall be elected for a term of two years.
Att'y Gen. v. Coggshall, 107 / 181 ; Ostrander v. Supervisors, 111 / 65.
(460) § 2990. SEC. 3. The following officers shall be ap- pointed by the mayor, by and with the consent of the council by [viz.], namely, a city attorney, city marshal, street commis- sioner, city surveyor, a city assessor when provided for, and
a chief engineer of the fire department. The council may also, c°^cii may ,
from time to time, provide by ordinance for the appointment pSmmentrofp
of, for such term as may be provided in the ordinance, such 01
other officers whose election or appointment is not herein
specially provided for, as the council shall deem necessary for
the execution of the powers granted by this act. All such Apgointments
appointments shall be made by the mayor, by and with the mayor with J
consent of the council, and their powers and duties shall be ™ufSi. °f
prescribed by ordinance, but the mayor shall have no vote in
the council on the question of his appointments of above
named officers. *
(461) § 2991. SEC. 4. Appointments to office, except appointments to fill vacancies, shall be made on the first Mon- day of May in each year; but appointments which for any cause shall not be made on that day may be made by the mayor and confirmed at any subsequent regular meeting of the council.
(462) § 2992. SEC. 5. At the first election held in any
city incorporated under this act, two justices of the peace first election. shall be elected; also two aldermen in each ward, but in cities reincorporated under this act, the aldermen elected under the former corporation shall continue in office for the term for which they were elected ; and, at such first election, such number of aldermen only shall be elected, as with those continuing in office as aforesaid, shall make the requisite number of aldermen as required by this act, and the terms of g™^ 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- ]S?e!;0ofele< visions of this act, the then existing justices of the peace shall peace. hold their offices until the fourth day of July next after such
150 STATE OF MICHIGAN.
first election, and no longer, and at such first election two Terms of justices of the peace shall be elected, one for the term of two years and one for the term of four years from the fourth day of July next thereafter, and the term for which each is elected shall be designated upon the ballots cast for him, and bi- ennially thereafter one justice of the peace shall be elected for a term of four years: Provided, That whenever any city reincorporated under this act shall at the time of such re- incorporation 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.
Terms of office (463) § 2993. SBC. 6. The mayor, city clerk, city treas-
officersam y urer, supervisors and constables shall hold their offices for
the term of one year from the second Monday in April of the
year when elected, and until their successors are qualified and
enter upon the duties of their offices.
Terms of office (464) § 2994. SEC. 7. All officers appointed by the office?s°in mayor or council, except officers appointed to fill vacancies in elective offices, shall hold their respective offices until the first Monday of May next after such appointment, and until their successors are qualified and enter upon the duties of their office, unless a different term of office shall be provided in Term of officer this act, or in the ordinance creating the office. Any officer ncy- elected to fill a vacancy shall hold the office during the residue of the term of office in which the vacancy occurred, and any officer appointed to fill a vacancy in any elective office shall hold such office until the next annual city election. when officers (465) § 2995. SEC. 8. Justices of the peace not elected dutSJf upon to fill vacancies shall enter upon the duties of their offices on the fourth day of July next after their election. In all other cases officers shall enter upon the duties of their offices on the second Monday of April of each year, unless herein other- wise provided for.
QUALIFICATIONS, OATH AND BOND OF OFFICE.
Qualifications (466) § 2996. SEC. 9. No person shall be elected or ap- gr holding pointed to any office unless he be an elector of the city, and if elected or appointed for a ward, he must be an elector thereof; and no person shall be elected or appointed to any office in the city who has been or is a defaulter to the city or to any board or officers thereof, or to any school district, county, or other municipal corporation of the State. All votes "for, or any appointment of, any such defaulter shall be void.
when and how (467) § 2997. SEC. 10. Justices of the peace elected in pueac?tso°me any city shall take and file an oath of office with the county oath of office. cierk of the county in which the city is located within the
ELECTION LAWS. 151
same time and in the same manner as in cases of justices of
the peace elected in townships. All other officers elected or when other
appointed in the city, shall, within ten days after receiving Ujjgf to take
notice of their election or appointment, take and subscribe
the oath of office prescribed by the constitution of the State
and file the same with the city clerk.
See section 50. ,
(468) §2998. SEC. 11. Every justice of the peace, within when and how the time limited for filing his official oath, shall file with the peacfto^fiie county clerk, mentioned in the preceding section, the security security-
for the performance of the duties of his office, required by law in the case of justices of the peace elected in townships; except that said official bond or security may be executed in presence of, and be approved by the mayor ; and in case he ^^g for shall enter upon the execution of the duties of his office before n( having filed his official oath and bond or security and such other bond or security to the city as maybe 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 justices of the peace elected in townships ; and every other officer elected or appointed in the city before entering upon the du- ties of his office and within the time prescribed for filing his official oath, shall file with the city clerk such bond or secur- ity as may be required by law or by any ordinance or require- ment of the council, and with such sureties as shall be ap- proved 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. with treasurer.
(469) § 2999. SEC. 12. The council, or the mayor, or sufficiency of other officer whose duty it shall be to judge of the sufficiency Sl
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 ad- ministeV oaths. *The examination of any such surety shall Examination be reduced to writing and be signed by him, and annexed to and filed with the bond or instrument to which it relates.
(470) § 3000. SEC. 13. The council may also, at any when^councii time require any officer, whether elected or appointed, to exe- new bonds. cute and file with the clerk of the city, new official bonds in
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 ggjgjrflw requirement shall subject the officer to immediate removal by comply the council.
152 STATE OF MICHIGAN.
VACANCIES IN OFFICE.
Resignations (471) § 3001. SEC. 14. Resignation of officers shall be ' made to the council.
when office to (472) § 3002. SEC. 15. If any officer shall cease to be
vlcanctared a resident of the city, or if elected in and for a ward, shall
remove therefrom during his term of office, the office shall
thereby be vacated. If any officer shall be a defaulter the
office may be on^ce shall thereby be vacated.
vacated when (473) § 3003. SEC. 16. If any person elected or ap- SSt ffle'd * pointed to office shall fail to take and file the oath of office, or shall fail to give the bond or security required for the due performance of the duties of his office, within the time herein limited therefor, the council may declare the office vacant, unless previous thereto he shall file the oath and give the re- quisite bond or security.
when and how (474) § 3004. SEC. 17. In case any vacancy occurs in
m^vacan?/ the office of mayor, or in any other elective office, except jus-
tice of the peace, constable and school trustee, as hereinafter
provided, the council may fill such vacancy by appointment at
any time within twenty days after such vacancy occurs, or
may, within such time, call a special election for the purpose
of filling such vacancy, as they may deem for the best interest
what vacan- of the city. Vacancies in the office of justice of the peace
cies filled by , , *', , , ,, , _., .. •'
election. and constable shall be filled at the next annual election or at when and how a special election called for that purpose. Vacancies in any becfiued!s t appointive office shall be filled within twenty days after such
vacancy occurs, by the mayor by and with the consent of the
council.
People v. Highland Park, 88 / 653.
Resignation or (475) § 3005. SEC. 18. The resignation or removal of exonerate from any officer shall not, nor shall the appointment or election of liability. another to the office, exonerate such officer or his sureties
from any liability incurred by him or them.
when officer to (476) § 3006. SEC. 19. Whenever any officer shall re-
prope°rtyrtoity sign or be removed from office, or the term for which he shall
successor. have been elected or appointed shall expire, he shall, on de-
mand, deliver over to his successor in office all the books,
papers, moneys and effects in his custody as such officer and
Penalty for in any way appertaining to his office; and every person wil-
fully viol&ting this provision shall be deemed guilty of a mis-
demeanor and may be proceeded against in the same manner
as public officers may be proceeded against for the like of-
fense, under the general laws of this State now or hereafter
in force and applicable thereto ; and every officer appointed or
elected under this act shall be deemed an officer within the
meaning and provisions of such general laws of the State.
ELECTION LAWS. 153
CHAPTER VI.
ELECTIONS.
(477) § 3007. SECTION 1. An annual city election shall when annual be held on the first Monday in April in each year, at such behlid?tion l< place or places in each of the several wards of the city, as the
council shall designate.
(478) § 3008. SEC. 2. Special elections may be ap- when and how pointed by resolution of the council, and held in and for the beeraiLe<?.ay city, or in and for any ward thereof, at such times and place
or places as the council shall designate; the purpose and ob- ject of which shall be fully set forth in the resolution ap- pointing such election.
(479) § 3009. SEC. 3. Whenever a special election is to Notice to be held the council shall cause to be delivered to the inspec- Son018 ' tors of election in the ward or wards where the same is to
be held, a notice signed by the city clerk, specifying the officer
or officers to be chosen and the question or proposition, if any,
to be submitted to the vote of the electors, and the day and
place at which such election is to be held, and the proceedings what to con-
and manner of holding the election shall be the same as at the taln<
annual elections.
(480) § 3010. SEC. 4. Notice of the time and place or whenand^how places of holding any election and of the officers to be elected ^veifby city and the questions to be voted upon, shall, except as herein clerk- otherwise provided, be given by the city clerk, at least ten
days before such election, by posting such notices in three public places in each ward in which the election is to be held, and by publishing a copy thereof in one or more newspapers published in the city, the same length of time before the elec- tion, a~nd 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.
(481) § 3011. SEC. 5. The council shall provide and Ballot-boxes^ cause to be kept by the city clerk, for use at all elections, aSd iSpt? e suitable ballot boxes of the kind required by law to be kept
and used in townships.
(482) § 3012. SEC. 6. On the day of elections, held by when polls? to virtue of this act, the polls shall be opened in each ward, at b
the several places designated by the council, at seven o'clock in the morning or as soon thereafter as may be, and shall be kept open until five o'clock in the afternoon, at which hour they shall be finally closed. The inspectors shall cause proc- when insgct- lamation to be made upon opening the polls, and shall also proclamation cause proclamation to be made of the closing of the polls, one QSSg!** hour, thirty minutes and fifteen minutes respectively, before the closing thereof. 20
154
STATE OF MICHIGAN.
Who to consti- tute board of election in- spectors.
How to be chosen when vacancy exists.
Compensation ,
Who to be chairman and clerk of board.
Inspectors of state, county and district election.
Elections, manner of conducting.
Election com- missioners, ap- pointment of, duties.
(483) § 3013. SBC. 7. The supervisor and two alder- men of each ward when eligible and one elector of the ward to be appointed by the council shall, except as in this act otherwise provided, constitute the board of inspectors of elec- tion. If by reason of the formation of new wards or by a change in the boundaries of existing wards or the creation of more than one election district therein, or for any reason there shall not be a sufficient number of the officers last named in any ward or district to make a board of four inspectors for each election district, it shall be the duty of the council, at least one week before the election, to appoint a sufficient number of inspectors, who, with the officers above named, if any, residing in the ward or election district shall Constitute a board of four inspectors for the ward or district, and if at any election any of the inspectors above provided for shall not be present, or remain in attendance, the electors present may choose, viva voce, such number of electors, as with the in- spector or inspectors present shall constitute a board of four in number, and such electors so chosen shall be inspectors at that election, during the continuance thereof. Each in- spector of the election shall receive two dollars per day as compensation.
(484) § 3014. SEC. 8. The inspectors of election in each ward or voting district shall choose one of their number chair- man of the board, and shall designate one of their number to act as clerk of the election, and another of their number to act as second clerk, and each person chosen or appointed as inspector of election shall take the constitutional oath of office, which oath either of the inspectors may administer.
(485) § 3015. SEC. 9. The inspectors of election, as specified in the last two sections, shall also be inspectors of State, county and district elections in their respective wards or voting districts.
(486) § 3016. SEC. 10. All elections held under the pro- visions of this act, 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 elections shall have the same powers and authority for the preservation of order, and for enforcing obedience to their lawful commands during the time of hold- ing the election and the canvass of the votes, as are conferred by law upon inspectors of general elections held in this State.
(487) § 3017. SEC. 11. The council shall, at least ten days previous to any election, appoint a board of three elec- tion commissioners, not more than two of whom shall belong to the same political party, who shall be the board of elec- tion commissioners for such city for such election, and they shall perform such duties relative to the preparation and printing of ballots as are required by law of the boards of election commissioners of counties.
ELECTION LAWS. 155
(488) § 3018. SEC. 12. The electors shall vote by ballot. Electors to Such ballot shall be prepared and furnished by the board of vot( election commissioners as provided by the general election
laws of the State, and shall contain the names of all officers to be veted 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 election law, sections 94 et seque.
(489) § 3019. SEC. 13. The council shall convene on council to Thursday next succeeding each election, at their usual place termine resStt of meeting, and determine the result of the election upon each of electlon- question and proposition voted upon, and what persons are
duly 'elected at the said election to the several offices respec- tively; and, thereupon, the city clerk shall make duplicate certificates, under the corporate seal of the city, of such deter- mination, showing the result of the election upon any ques- tion or proposition voted upon, and what persons are declared elected to the several offices respectively ; one of which cer- certificate of tificates he shall file in the office of the county clerk, in the el( county in which the city is located, and the other shall be filed in the office of the city clerk.
(490) § 3020. SEC. 14. The person receiving the great- who to be est number of votes for any office in the city or wards, shall eSSted.
be deemed to have been duly elected to such office ; and if in case of tie there shall be no choice for any office by reason of two or v( 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.
(491) § 3021. SEC. 15. It shall be the duty of the city cierk to notifv 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.
(492) § 3022. SEC. 16. Within one week after the ex- piration of the time in which any official bond or oath of office ^ notice, is required to be filed, the city clerk shall report in writing,
to the council, the names of the persons elected or appointed to any office, who shall have neglected to file such oath and requisite bond or security for the performance of the duties of the office.
156
STATE OF MICHIGAN.
CHAPTER XXXIII.
MISCELLANEOUS.
Certain cities (493) § 3358. SECTION 1. All cities heretofore incor- Sy generaUaw, porated under any general or special law of this State, and having a population of ten thousand or less, according to the last preceding census, are hereby reincorporated under and made subject to the provisions of this act, as cities of the fourth class, such reincorporation to take effect on the first day of January, in the year of our Lord one thousand eight hundred ninety-six, and all acts by virtue of which such cities have been incorporated are hereby repealed from and after the said first day of January, in the year of our Lord one thousand eight hundred ninety-six, except as hereinafter in Proviso as to this section provided : Provided however, That whenever fifty or more of the qualified voters of any city hereinbefore described as a city of the fourth class, which has been incor- porated under a special act of the legislature, shall file with the council thereof, on or before the first day of November, in the year of our Lord one thousand eight hundred ninety- five, a petition praying that an election of the qualified voters of such city be called to determine the question as to whether such city shall remain incorporated under the special act under which it was incorporated and by which it is governed at the time of the filing of such petition, or whether it shall become subject to the provisions of this act, thereupon it shall be the duty of such council, within ten days after the filing of such petition, to call a special election of the qualified voters of such city to determine such question. If a majority of all the votes cast at such election are in favor of remain- ing incorporated under such special act by which such city is governed at the time of the filing of such petition, then such city shall not be reincorporated under the provisions of this act, but shall remain incorporated under such special act, which shall remain in full force and effect as if this law had not been enacted: Provided further, That any city of this State, when the population thereof is ten thousand or less, according to the last preceding State census even though the voters of said city have theretofore elected to remain in- corporated under the special act governing such city, may at any time thereafter be incorporated under and made sub- ject to the provisions of this act and the act of which this act is amendatory, as a city of the fourth class as follows: When one hundred or more freeholders residing wTithin such city shall file with the council thereof, on or before the first day of July in any year, a petition praying that an election of the qualified voters of such city be called to determine the question as to whether such city shall become incorporated as a city of the fourth class under this act being act number two hundred fifteen of the public acts of this State for the
Further pro-
ELECTION LAWS. 157
year A. D. eighteen hundred ninety-five, then it shall be the duty of the council within ten days after the filing of such petition to call a special election of the qualified voters of such city to determine such question. Any election held Election under the provisions of this chapter shall be held upon such when h< da}', and at such time and in such places in said city as may be designated by a resolution of the council : Provided, That Proviso. the same shall be held on or before the first day of December in the year in which the petition as above provided is filed. Notice of such election shall be given in the same manner and Notice of for the same length of time as is provided in the charter of el< such city for the calling of special elections, and the votes shall be counted and canvassed, and the returns shall be made, and the result declared and determined in the same manner as is provided in such charter for the counting, can- vassing and returning of votes, and the determining of the result thereof at special elections. Xo new registration shall New registra- be necessary for the holding of such election, and only those sary n° whose names shall appear in the registration books used at the next previous annual city election shall be entitled to vote at such election. The ballots used at such election shall contain the instructions required by the general election laws of the State, and the proposition to be submitted shall be in the following language:
For becoming reincorporated under the general law — Form of ballot. Yes. [ ]
For becoming reincorporated under the general law — Xo. [ ]
If a majority of the votes cast at such election shall be in Vote required favor of reincorporating under the provisions of this act, then incorporated*." such city shall become reincorporated under and made subject to the provisions of this act on the first day of January in the year following such special election. At the next regular Duty of the meeting the council shall, by a resolution to be entered in the counal- record of their proceedings, recite that at said election, stat- ing the date thereof, the question as to whether said city should be reincorporated as a city of the fourth class under the provisions of this act was submitted to a vote of the electors of the city, and that a majority of those voting upon . the question, voted for reincorporation, and shall in the reso- lution declare that, in accordance with said vote, the said city shall be and is reincorporated as a city of the fourth class; the clerk of the city shall record the same in the record cierk to make of the proceedings of the council and shall make a copy of so £? proceedings! much of the record of the proceedings of the meeting at which the same was adopted as may be necessary to show the time and place of holding such meeting, and the names of the mem- bers of the council who were present, and the passage of said resolution, including a true copy thereof. To said copy the cierk and clerk and the mayor of the city shall annex their certificate, under the corporate seal of the city showing the same to be
158
STATE OF MICHIGAN.
a true copy of said record, which said certified copy of the record and resolution aforesaid shall be designated as a "dec- laration of reincorporation" and shall be transmitted to, and filed and recorded in the office of the Secretary of State, and the declaration of reincorporation filed in the office of the .Secretary of State, or the records thereof, or certified copies of such records shall be prima facie evidence of the due and legal reincorporation of such city as a city of the fourth class under the provisions of this act.
Am. 1899, act 136.
When filed.
Evidence of reincorpora- tion.
First election of officers in- corporated un- der this act.
(494) § 3364. SEC. 7. The first election of officers for any such city reincorporated under the provisions of this act shall be held on the first Monday in April, in the year of our Lord, one thousand eight hundred and ninety-six, and notice thereof and of the officers to be elected thereat shall be given and the election held and conducted, the votes canvassed, the result determined and notice* given to persons elected in the same manner and within the same time as herein provided.
ELECTIONS IN VILLAGES.
When board of supervisors to declare village incorporated.
Time of hold- ing first elec- tion.
Meeting of board of reg- istration.
[Extract from Act 3 of 1895.]
(495) § 2692. SEC. 9. If such board, after hearing the parties, 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 required by this act, it may make an order declaring that such territory as determined upon shall be an incorporated village, by the name specified in such application, or by such other name as to such board shall seem proper; and said board shall in such order appoint the time and place of holding the first election; and shall also appoint four discreet persons, residents of such territory and qualified 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 registra- tion shall meet on the Saturday next preceding said first election, and shall remain in session the same hours required of boards of registration for general elections, and register the names of all persons residents of said village, presenting themselves for registration, and having the qualifications of voters at annual township meetings, due notice of the time and place of which registration shall be given by said board, by posting notices thereof in five public places in said village, at least ten days previous to said meeting. Such application and affidavit verifying the same, with copy of notice of hear-
ELECTION LAWS. 159
ing and proof of the posting or publishing of the same, and all the proceedings of such board of supervisors touching such incorporation shall be entered upon the records of said board, and all papers relating thereto shall be filed with the county clerk of the county in which such proceedings are had and taken, and the county clerk of said county shall thereupon transmit a certified copy of such order of incorporation to the secretary of state, who shall file and record the same in his office. The original order of incorporation, or a certified copy Order of in- thereof by the county clerk of such county or a certified copy bHfed^th of the copy thereof on file in the office of the secretary of state, stS?ary °f by the secretary of state, shall be prima facie evidence of such incorporation and of the regularity thereof in all courts and places.
Am. 1901, act 33.
For proceedings relative to incorporation of villages, see sections 2684-91, C. L., 1897.
(496) §2693. SEC. 10. The inspectors so appointed Notice to be shall give notice of the time and place of holding such elec-
tion and the officers to be elected at such election, by posting up written or printed notices thereof in at least five public places in such territory, at least three weeks previous to the day appointed for holding the same, or by publishing the same in some newspaper printed in such territory for three successive weeks immediately preceding the time aforesaid. At such election the polls shall be opened at seven o'clock in the forenoon and shall close at five o'clock in the afternoon.
(497) § 2694. SEC. 11. Every elector residing in such territory, and qualified to vote for township officers in the nrct™eS?on*. township in which such territory or some part thereof may
be situate, may vote at all elections in said village, and all the laws of this State in relation to the election of township officers, canvass of votes, certifying the election of officers, and notifying them of their election, shall apply to such first election of officers in such village, so far as the same may be applicable and not inconsistent with the provisions of this act.
QUALIFICATION OF ELECTORS: See sections 31, 59 and notes.
(498) § 2697. SEC. 14. After the first election the clerk who to const* and two of the trustees, to be appointed each year by the 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 morning until eight o'clock in the afternoon, for the purpose of com- pleting 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 author- ized to appoint some competent person to fill the vacancy occasioned by such absence. Notice .of the time and place of
160 STATE OF MICHIGAN.
holding such meeting shall be given with the notice of said election. The members of the board of registration shall each receive two dollars per day as compensation.
Registration (499) § 2698. SEC. 15. In making and completing any with°?egSra- such registration, the board shall proceed in the same man- ner and conform to the same rules, as near as may be, as are provided by law for registering electors in townships.
CHAPTER II.
OFFICERS.
vma eoffi- (500) § 2699. SECTION 1. In each village the following
cers. officers shall be elected, viz., a president, six trustees, one
clerk, one treasurer, who shall be ex officio collector, and one assessor. The president and trustees shall constitute the vil- lage council.
Term of office (501^ § 2702> SBC< 4' The President< clerk< treasurer e' 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 Proviso anc* en^er uPon the duties of their offices : Provided, That
no person shall be eligible to the office of treasurer for more
than two successive terms.
Village of Laurium v. Mills, 129 / 537.
Termoftrus- (502) § 2703. SEC. 5. The trustees shall hold their tees of village. ofgces 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 sub- ject 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.
Term of ap- (503) § 2704. SEC. 6. All appointive officers, except offi- cers!11™ °ffi" cers 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.
ELECTION LAWS. 161
(504) § 2705. SEC. 7. No person shall be elected or ap- Qualification pointed to any office unless he shall be an elector of the vil- for office- lage. And no person shall be elected or appointed to any office in the village who has been or is a defaulter to the vil- lage or to any board of officers thereof, or to any school dis- trict, county or other municipal corporation of the State. All votes for or any appointment of any such defaulter shall be void. All officers of the village, elected or appointed, shall take and subscribe the oath of office prescribed by the con- stitution of the State, and file the same with the clerk, and in case of failure to do so, within ten days after receiving notice of their election or appointment, shall be deemed to have declined the office.
CHAPTER III.
ELECTIONS.
(505) § 2714. SECTION 1. After the first election an Annual annual election of officers shall be held on the second Monday electlon- in March in each year, at such place in the village as the coun- cil shall designate.
(506) § 2715. SEC. 2. Special elections may be ap- Special pointed by resolution of the council, and held at such times e '
as they shall determine, the purpose and object of which shall be fully set forth in the resolution appointing such election.
(507) § 2716. SEC. 3. The president and clerk, and two Who to be of the trustees, or any four of the trustees, to be appointed SlcSoi?.™ c 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 presi- dent or clerk, or both of them, are absent, the inspectors shall designate from their number a chairman and a clerk. Each Compensation Inspector of election shall receive as compensation two dol- of lars per day.
People v. Avery, 102 / 573.
(508) § 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 2iect°ionnto be questions to be voted upon, shall, except as herein otherwise Published- 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 21
162
STATE OF MICHIGAN.
Council to ap- point board of election com- missioners.
Opening and closing of polls.
the village, if any is published therein, the same length of time before the election ; and in case of a special election, the notice shall set forth the purpose and object of the election as fully as the same are required to be set forth in the resolution appointing such election.
Highland Park v. McAlpine, 117/668.
(509) § 2718. SEC. 5. The council shall, at least ten days- previous to any election, appoint a board of three elec- tion commissioners, not more than two of whom shall belong to the same political party, who shall be the board of election commissioners for such village for such election, and they shall perform such duties relative to the preparation and printing of ballots as are required by law of the boards of election commissioners of counties. The council shall* also provide and cause to be kept by the clerk, for use at all elec- tions, suitable ballot boxes of the kind required by law to be kept and used in townships.
(510) § 2719. SEC. 6. On the day of elections, the polls shall be opened at seven o'clock in the morning, or as soon thereafter as may be, and shall be kept open until five o'clock in the afternoon, at which hour they shall be finally closed. The inspectors shall cause proclamation to be made upon opening the polls, and shall also cause proclamation to be made of the closing of the polls, one hour, thirty minutes, and fifteen minutes, respectively, before the closing thereof.
(511) § 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 here- in 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 can- vass 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 terra shall be designated on the ballot.
See notes to sections of the general election law, sections 94 et seque.
(512.) § 2721. SEC. 8. Immediately after closing the polls, the inspectors of election shall, without adjourning, pub- licly canvass the votes received by them, and declare the re- sults, and shall on the same day or the next day make a state- ment in writing, setting forth in words at full length, the whole number of votes given for each office, the names of the persons for whom such votes for each office were given, and the number of votes so given for each person, and the whole num- ber 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 cor-
Manner of conducting elections.
Canvass of votes to be public.
ELECTION LAWS. 163
rect, and they shall deposit such statement and certificate on certificate of the day of election, or on the next day, together with said poll election- 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 prescribed by law for canvassing votes at general elections held in this State, and the inspectors shall in all other respects, except as here- in otherwise provided, conform as nearly as may be to the duties required of inspectors of election at general elections.
(513) § 2722. SBC. 9. The council shall convene on Council to de-
Thursday next succeeding each election, at their usual place
of meeting, and determine the result of the election upon each question and proposition voted upon, and what persons were duly elected at the said election to the several offices re- spectively; and thereupon the clerk shall make duplicate cer- tificates of such determination, showing the result of the elec- tion upon any question or proposition voted upon, and what persons are declared elected to the several offices respectively ; 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.
(514) § 2723. SEC. 10. If there shall be no choice for in case of tie any office by reason of two or more candidates having received determine by an equal number of votes, the council shall at the meeting lot- mentioned in the preceding section, determine by lot between
such persons which shall be considered elected to such office.
(515) § 2724. SEC. 11. It shall be the duty of the clerk, village clerk within five days after the meeting and determination of the sonTeiectedf" council, as provided in this chapter, to notify each person elected, in writing, of his election; and he shall also, within
five days after the appointment of any person to any office, in like manner notify such person of the appointment.
(516) § 2725. SEC. 12. Within one week after the ex- caerk to report piration of the time in which any official bond or oath of cersJto ffle° office is required to be filed, the clerk shall report in writing oath or bon(1 to the council the names of all persons elected or appointed to
any office, who shall have neglected to file such oath or bond.
(517) § 2726. SEC. 13. The council of any village hav- ggf^0^1' ing more than six hundred and fifty electors according to the ing precincts. poll list of the last preceding election, may cause such vil-
lage to be divided into two or more' voting precincts, and the manner of making such division, the registration, and holding of elections and of canvassing the votes, and all other matters pertaining to the division of villages into voting precincts, and of the holding of elections therein, shall be governed by the general laws of the State relating thereto.
164
STATE OF MICHIGAN.
CHAPTER XIII.— MISCELLANEOUS.
Voting ma- chines, who shall author- ize the use of.
Voting, how done.
Assisting dis- abled, etc.
To test ma-
properly pac-
VOTING MACHINES.
An Act to authorize the use of any thoroughly tested and reliable voting machine at any election held in this State.
[Act 61 of 1897, as amended.]
The People of the State of Michigan enact:
(518) § 3750. SECTION 1. That the board of super- visors of any county may at their annual meeting by a two- thirds vote, authorize the use of any thoroughly tested and reliable voting machine at any township election, to be held within their respective counties, during the ensuing year after such annual meeting, and any city council, or village coun- cil, may at any regular meeting authorize the use of such vot- ing machines at any election to be held within their respective cities or incorporated villages during the ensuing year, but all voting by machines shall be a secret vote, as hereinafter provided.
The acts relative to the use of the "Rhines Vote Recorder," "Myers Bal- lot Machine" and the "Abbott Voting Machine," are omitted from this com- pilation, see sections 3759-3823, C. L., 1897.
(519) § 3751. SEC. 2. All voting shall be done in vot- ing booths or compartments of suitable dimensions to enclose one voter with a voting machine in such a manner as to ensure a secret vote, providing that if any voter makes affidavit that he is unable to vote intelligently on account of defective eye- sight, or other physical disability, or from ignorance, the chairman of the board of election inspectors shall designate an inspector, who in the presence of the authorized chal- lengers or other inspectors shall assist a physically disabled voter, or instruct a voter who cannot read the ballot, how to operate the machine to give expression to such voter's choice, but in no case shall any such voter be advised what person or party ticket to vote for, that question being left solely for the voter's own choice and determination. Whenever a voter has been assisted or instructed as indicated, a notation to that effect shall be made in the poll book, or register of electors, and on the poll list and tally sheets stating briefly the nature of the disability of such voter.
(520) § 3752. SEC. 3. The board of election commis- sioners shall thoroughly test all voting machines within thirty days previous to any election at which the use of such ma- chines has been authorized. They shall also see that the names of all duly authorized nominees for office are suitably placed and arranged in connection with the voting machines
ELECTION LAWS. 165
and deliver the voting machines and all their appurtenances connected with them in perfect order for use in voting, to- gether with full instructions for the voters' information, to the proper officials in time for use on election day.
(521) § 3753. SEC. 4. The board of inspectors of elec- instructions tion will place plain printed or written instructions for voters }£ boothaced in each voting booth, or compartment before the opening of
the polls, showing how to vote on the machine and will give general oral instructions previous to a voter's entering a voting booth, to such v.oters as may desire them. They will also determine what length of time not to exceed three min- utes a voter may remain in a voting booth or compartment.
(522) § 3754. SEC. 5. An ordinary ballot box shall be Ballot on provided for use in each voting precinct, wherein shall be
cast duly authorized ballots relating to any question or mat- for- ter not provided for by the voting machine, if any, and such votes shall be counted and returns made as provided by ex- isting laws.
(523) § 3755. SEC. 6. Whenever the use of voting ma- Board of regia- chines has been duly authorized in any city, village or town- pXiHper£x" ship, one such voting machine shall be placed in each voting £g!Jeof ma' precinct, whenever and wherever a board of registration is in
session and some member of such board will call the atten- tion of voters who are entitled to registration, to such voting machine and explain how it will operate when used on elec- tion day, to all such voters, if they express a desire for. such information.
(524) § 3756. SEC. 7. At the close of the polls a state- Board to as- ment of the votes for each and every person and proposition
as shown by the voting machine shall be ascertained and pub- ^ licly proclaimed by the board of election inspectors -and cor- ing. rect copies of the result of the vote shall be made up in proper form and transmitted, to the designated officials as required by existing laws, but no adjournment of any board of elec- tion inspectors shall take place until the true result of the vote has been ascertained and publicly announced.
(525) § 3757. SEC. 8. Any person who shall knowingly Damaging or and willingly damage any voting machine or knowingly and Jsfffma? willingly do anything to obstruct its use or make a wrong chines- use of such machine on election day, or shall violate any of
the provisions of this act, shall be deemed guilty of a misde- meanor and on conviction thereof shall be punished by a fine penalty for- of not less than one hundred dollars nor more than three hun- dred dollars, or by imprisonment of not less than six months, nor more than three years or by both such fine and imprison- ment in the discretion of the court.
(526) § 3758. SEC. 9. All election laws not incompati- Laws in force, ble with this act are continued in full force and -effect.
(527) SEC. 10. Voting machines provided for in this act, Relative to shall be so constructed that any elector may by means of ir- ^t$ction' regular ballots or otherwise vote for any person for any office, machine.
166
STATE OF MICHIGAN.
although such person may not have been nominated by any party, and his name may not appear on such machine; and that when a person is voted for for any such office, by means of an irregular ballot, the elector cannot vote for any name on the machine for the same office. Said machines may be so constructed that the names of all candidates for presidential electors will not occur thereon, but in lieu thereof one bal- lot label in each party column or row shall contain only the words "Presidential Electors," preceded by the party name; and every vote registered for such ballot label shall operate as a vote for all candidates of such party for presidential electors and shall be counted as such. In case the machine is so constructed that the candidates for presidential electors of any party can be voted for by voting for a ballot label con- taining the words "Presidential Electors," it must be so con- structed that by voting an irregular ballot as herein defined, the elector may vote for any person or persons he may choose for presidential electors.
Added 1903, Act 234.
Relative to ballots, etc.
Election dis- tricts by whom created, number of voters.
Redi vision, when made.
(528) SEC. 11. Ballots voted for any person whose name does not appear on the ballot label on the machine as a can- didate for office shall be known as irregular ballots. Where two or more candidates are to be elected to the same office the voting devices belonging to all the candidates for said office shall be included in a group to be known as a multicandidate group. Except for presidential electors and except in multi- candidate groups, ^vhere the irregular balloting device re- quires otherwise, no person shall be voted for on any irregular ballot for any office whose name appears on the ballot label on the front of the machine as a candidate for that office ; any ballot so voted shall be rejected. An irregular ballot must be cast in its appropriate place on the machine, or it shall be void and not counted. In voting for presidential electors the elector may vote an irregular ticket, made up of the names of persons in nomination by different parties or partially of the names of persons so in nomination and partially of persons not in nomination, or wholly of names of persons not in nomi- nation by any party. All irregular ballots shall be deposited, written or affixed in or upon the receptacle or device provided on the machine for that purpose, in accordance with the plan of such machine, otherwise they shall be rejected.
Add. Id
(529) SEC. 12. For any election in any city, town or vil- lage in which voting machines are to be used, the election dis- tricts in which such machines are to be used may be created by the officers charged with the duty of creating election dis- tricts, so as to contain as near as may be five hundred voters each. Such' redistricting or redivision may be made at any time after any November election and on or before August
ELECTION LAWS. 167
fifteen following, and when so made shall take effect imme- diately. Thereafter no redivision of such election districts shall be made for elections by such machines until at some general election the number of votes cast in one or more of such districts shall exceed six hundred. In case of townships in case of and incorporated villages so divided the provisions of chap- ter ninety-five Miller's Compiled Laws of eighteen hundred to govern, ninety-seven, shall apply to and govern all proceedings here- under, with reference to such division, boards of registration, election inspectors and all matters arising therefrom not pro- vided for by this act. In cities where no special provisions cities. exist relative thereto, such division and all matters 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 there- with to fully carry out the provisions of this section. This Not to apply provision, however, shall not apply to cities where the election law provides for a different, or larger number of voters in an election district.
Added 1905, Act 217.
(530) SEC. 13. The local authorities, on the adoption and May issue purchase of a voting machine, may provide for the payment m°en1Vf°ma-y~ therefor in such manner as they may 'deem for the best in-
terest of the locality and may for that purpose issue bonds, certificates of indebtedness or other obligations, which shall be a charge on the city, town or village. Such bonds, cer- HOW issued. tificates or other obligations may be issued with or without in- terest, payable at such time or times as the authorities may determine, but shall not be issued or sold at less than par.
Add. Id
(531) SEC. 14. Where vo.ting machines have been adopted Secretary of for use in any county, city, town or village within this State, samples ofpi£-y the Secretary of State shall supply appropriate samples of all {Jons * et c™c~ ballot labels, diagrams and return sheets required for elec- tions, and he shall prescribe suitable rules and regulations in addition to those contained in this act, not inconsistent with
law, which shall govern the conduct of inspectors and clerks of elections, and voters in the use of such voting machines during elections; for filling out the return sheets and for making return thereof; and shall prepare and furnish all in- structions and printed matter necessary for the use of such voting machines.
Add. Id
(532) SEC. 15. The Secretary of State, and* the election when secre- <;ommissioners of any city, village or township where voting nortytoffur^sh machines have been purchased and are used, shall not be re- paper ballots. quired to print and furnish paper ballots, except for any
168
STATE OF MICHIGAN.
question or matter that cannot be provided for by the voting machine.
Add. Id
Ballot clerks, (533) SEC. 16. Ballot clerks and gate keepers may be dispensed dispensed with in election districts in any city, village or township where voting machines have been purchased and are- used.
Add. Id
RETURN OF VOTE TO SECRETARY OF STATE.
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.
[Extract from Act 44, 1899.]
(534) 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 election, shall be returned to the secretary of state by the several county clerks on or before the first day of December follow- ing such election, and it shall be the further duty of all 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.
(535) 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 sufficient number of said pamphlets shall be printed to supply demands, as shall in the judgment of the secretary of State be required,, but in no case to exceed five thousand pamphlets, and they shall be mailed by the secretary of state to persons who may request them.
PUBLICITY OF PROPOSED CONSTITUTIONAL AMEND-
MENTS.
An Act to secure greater publicity concerning proposed amendments to-
the constitution.
Constitutional secretaryepfS'
of proposed,
[Act 23 of 1905.]
The People of the State of Michigan enact:
(536) SECTION 1. That whenever a proposed constitu- tional amendment or other question is to be submitted to the electors of the State for popular vote, the secretary of state shall duly prepare concise statements, setting forth the pur- port, nature and effect of the proposed amendment, or other
ELECTION LAWS. 169
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 Copies of state- «ach county and city clerk in the State at least ten copies S^ierkl. of 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 poiBnfpLSs. 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 copies of English. Such statements shall be furnished the election inspectors at least five days before the election.
(537) SEC. 2. Publication of any matter by any paper NO charge for under the provisions of this act, shall be without expense or put <;ost to the State of Michigan.
APPORTIONMENT OF SENATORS AND REPRESENTA- TIVES.
An Act to apportion anew the representatives in the State legislature among the several counties and districts of this State.
[Act 244 of 1905.]
The People of the State of Michigan enact:
(538) SECTION 1. That the House of Representatives Apportion- shall hereafter be composed of one hundred members, elected ^ntat?vesepre agreeable to a ratio of one representative to every twenty- four thousand two hundred persons, including civilized per- sons of Indian descent not members of any tribe, in each or- ganized county, and 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, fourteen ; Kent, counties en- five; Houghton, three; Saginaw, three; Allegan, two; Bay, J^mo two ; Berrien, two ; Calhoun, two ; Genesee, two ; Ingham, two ; sentatives. Jackson, two; Kalamazoo, two; Lenawee, two; Marquette, two ; Oakland, two ; Ottawa, two ; St. Clair, two ; Washtenaw, two ; Alpena, one ; Antrim, one ; Barry, one ; Branch, one ; Entitled to Cass, one ; Charlevoix, one ; Cheboygan, one ; Chippewa, one ; one- Olinton, one; Delta, one; Dickinson, one; Eaton, one; Emmet, 22
170
STATE OF MICHIGAN.
district, elec- tion returns, where made.
one; Gogebic, one; Grand Traverse, one; Gratiot, one; Hills- dale, one; Huron, one; Ionia, one; Isabella, one; Lapeer, one; Livingston, one; Macomb, one; Manistee, one; Mason, one; Mecosta, one; Menominee, one; Midland one; Monroe, one; Montcalm, one; Muskegon, one; Newaygo, one; Oceana, one; Osceola, one; St. Joseph, one; Sanilae, one; Shiawasseey counties con- one; Tuscola, one; Van Buren, one. The counties of Wex- ford and Lake shall constitute a representative district and be entitled to one representative. The election returns of said district shall be made to the county of Wexford. The counties of Benzie and Leelanau shall constitute a representative dis- trict, and be entitled to one representative. The election re- • turns of said district shall be made to the county of Leelanau. The counties of Alger, Luce, Mackinac and Schoolcraft shall constitute a representative district and be entitled to one representative. The election returns of said district shall be made to the county of Schoolcraft. The counties of Baraga, Iron, Keweenaw, Ontonagon, shall constitute a representa- tive district, and be entitled to one representative. The elec- tion returns of said district shall be made to the county of Iron. The counties of Roscommon, Clare and Gladwin, shall constitute a representative district, and be entitled to one representative. The election returns of said district shall be made to the county of Clare. The counties of Crawfordr Montmorency, Presque Isle, Oscoda and Otsego shall consti- tute a representative district, and be entitled to one repre- sentative. The election returns of said district shall be made to the county of Presque Isle. The counties of Kalkaska and Missaukee shall constitute a representative district, and be entitled to one representative. The election returns of said district shall be made to the county of Missaukee. The coun- ties of Alcona, losco, Arenac and Ogemaw shall constitute a representative district, and be entitled to one representative. The election returns of said district shall be made to the- county of losco.
An Act to divide the State of Michigan into thirty-two senatorial districts.
[Act 245 of 1905.]
The People of the State of Michigan enact:
Apportion- (539) SECTION 1. The State of Michigan shall be divided
intotwrty^two into thirty-two senatorial districts, and each district shall senatorial dis- j,e entitled to elect one senator, and the districts shall be constituted and numbered as follows: The first district shall consist of the ninth, eleventh, thirteenth, fifteenth and seven- teenth wards of Detroit, and the townships of Grosse Pointe, Gratiot, Hamtramck, Greenfield, Bedford, Livonia, Plymouth
ELECTION LAWS. 171
and Northville. The second district shall consist of the first, second, third, fifth and seventh wards of Detroit. The third district shall consist of the fourth, sixth, eighth and tenth wards of Detroit. The fourth district shall consist of the twelfth, fourteenth and sixteenth wards of Detroit, and the townships of Canton, Nankin, Dearborn, Springwells, Van Buren, Romulus, Taylor, Ecorse, Sumpter, Huron, Browns- town and Monguagon, and the city of Wyandotte. The fifth district shall consist of the counties of Lenawee and Monroe. The sixth district shall consist of the counties of St. Joseph, Branch and Hillsdale. The seventh district shall consist of the counties of Berrien and Cass. • The eighth district shall consist of the counties of Allegan and Van Buren. The ninth district shall consist of the counties of Calhoun and Kala- mazoo. The tenth district shall consist of the counties of Jackson and Washtenaw. The eleventh district shall consist of the county of St. Glair. The twelfth district shall consist of the counties of Oakland and Macomb. The thirteenth dis- trict shall consist of the counties of Genesee 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 and Eaton. The sixteenth district shall consist of the first, second, third, fourth, fifth, ninth, tenth, eleventh and twelfth wards of the city of Grand Rapids. The seventeenth district shall consist of the sixth, seventh and eighth wards of the city* of Grand Rapids, and the townships of Tyrone, Solon, Nelson, Spencer, Sparta, Algoma, Court- land, Oakfield, Alpine, Plainfield, Cannon, Grattan, Walker, Grand Rapids, Ada, Vergennes, Wyoming, Paris, Cascade, Lowell, Byron, Gaines, Caledonia and Bowne. The eighteenth district shall consist of the counties of Ionia and Montcalm. The nineteenth district shall consist of the counties of Gratiot and Clinton. The twentieth district shall consist of the counties of Huron and Sanilac. The twenty-first district shall consist of the counties of Lapeer and Tuscola. The twenty-second district shall consist of the county of Sagi- naw. The twenty-third district shall consist of the counties of Muskegon and Ottawa. The twenty-fourth district shall consist of the counties of Bay and Midland. The twenty-fifth district shall consist of the counties of Isabella, Newaygo, Mecosta and Osceola. The twenty-sixth district shall consist of the counties of Oceana, Mason, Lake, Manistee and Benzie. The twenty-seventh district shall consist of the counties of Antrim, Charlevoix, Grand Traverse, Kalkaska, Leelanau and Wexford. The twenty-eighth district shall consist of the counties of Arenac, Alcona, losco, Oscoda, Ogemaw, Glad- win, Clare, Crawford, Roscommon and Missaukee. The twenty-ninth district shall consist of the counties of Alpena, Montmorency, Otsego, Presque Isle, Cheboygan, Emmet and Mackinac. The thirtieth district shall consist of the counties of Menominee, Delta, Schoolcraft, Luce and Chippewa. The
172
STATE OF MICHIGAN.
Election re- turns, where made.
thirty-first district shall consist of the counties of Iron, Baraga, Dickinson, Marquette and Alger. The thirty-second district shall consist of the counties of Gogebic, Ontonagon, Houghton and Keweenaw.
(540) 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 office of said county.
When unlaw- ful to sell, keep, etc., in- toxicating liquors.
Proviso.
LOCAL OPTION LAW.
An Act to prohibit the manufacture, sale, keeping for sale, giving away or furnishing of vinous, malt, brewed, fermented, spirituous or intoxicating liquors, or any mixed liquor or beverage, any part of which is intoxicat- ing, and to prohibit the keeping of any saloon or other place for the man- ufacture, 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 counties 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 elec- tion, if they shall determine the result to be in favor of such prohibition, to prohibit the manufacture, sale, keeping for sale, giving away or furn- ishing of any such liquors, or the keeping of a saloon or any other place for the manufacture, sale, storing for sale, giving away or furnishing of the same within their respective counties; and to provide for penalties and rights of action in case of its violation.
[Act 207 of 1889, as amended.]
The People of the State of Michigan enact:
(541) § 5412. SECTION 1. That it shall be unlawful for any person directly 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, spirit- uous or intoxicating liquors, or any mixed liquor or bever- ages, any part of which is intoxicating, or keep a saloon or any other place where any such liquors are manufactured, sold, stored for sale, given away or furnished in any county of this State on and after the first day of May next following after the adoption by the board of supervisors of such county of a resolution prohibiting the same, as provided in section thir- teen of this act, so long as such resolution remains unre- pealed: Provided, however, That the provisions of this sec- tion shall not apply to druggists or registered pharmacists, in selling any such liquors under and in compliance with the
ELECTION LAWS. 173
restrictions and requirements imposed upon them by the gen- eral laws of this State and section twenty-five of this act, as amended.
Am. 1899, Act 183.
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.
This act is not unconstitutional. — Feek v. Twp. Board of Bloomingdale, 82 / 393.
(542) § 5413. SEC. 2. On and after the first day of May When ^ next following after the adoption by the board of supervisors sums of gen- of any county of a resolution prohibiting the manufacture of tSatSn, etc., liquors and the liquor traffic, as hereinafter provided in sec- susPended- tion 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, furnishing, giv- ing away or delivering spirituous and intoxicating liquors, and malt, brewed or fermented and vinous liquors shall be and the same are hereby declared suspended and superseded so far as relates to the territory and municipalities within the limits of any such county : Provided, however, That all Proviso, sales of liquors by druggists, or registered pharmacists, in such counties shall be under the restrictions and requirements imposed upon them by the general laws of this State and this act, as amended.
Am. 1899, Act 183.
(543) § 5414. SEC. 3. In order to ascertain the will of Proceedings to the qualified electors of each organized county, in regard to JSnSftSe 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 him and addressed to the board Petition.
of supervisors of the county, signed by not less than one-third of all the qualified electors thereof, as shown by the poll lists or returns and canvass of the last preceding general election for State officers held in such county, praying that the ques- tion, should the manufacture of liquor and the liquor traffic be prohibited within the county, be submitted to the qualified electors of the county, to lay such petitions before the board of supervisors at the earliest opportunity.
Am. Id.
(544) § 5415. SEC. 4. To enable the county clerk to ^[it^nr ascertain that the petitioners thus praying for such an elec- ?<Smship tion are qualified 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 poll list or the returns and canvass of the last preceding general election. To enable each and every elector to determine for himself if his name has been fraudulently attached to said petition, it is hereby required that the signa- tures of all the petitioners residing in any one and the same township, ward or election district, shall be attached to one
174
STATE OF MICHIGAN.
To be accom- panied by transcript of poll list.
Affidavit of posting.
petition or list, separate from those of any other township, >sted in° warc^ or election district, and that an exact copy of said peti- pubiic places, tion and of all the signatures thereto shall be posted in three 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 shall be accompanied by a transcript of the poll list, if it can be procured, of the last preceding general election, held in such township, ward or election district, certified as correct by the township, city or county clerk, as the case may require, and also an affidavit or 'affidavits, by one or more resident 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 ac- quainted with said petitioners and know that they reside within such township, ward or election district, and that the signatures are the genuine signatures of the persons sign- ing the petition, and of the persons whose names severally appear upon such transqript 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 defec- tive,-it shall be sufficient if the whole number of all the peti- tioners is equal to one-fourth of the number of all the qualified electors of such county, as shown by the returns or county canvass of the last preceding general election.
If the petitions presented to the county clerk praying that an election be held are accompanied by transcripts of the poll lists of the last preceding general election, as provided for, the fact that the petitioners whose names appear upon the poll lists still reside within their respective townships, wards or election districts must be shown by the affidavit or affidavits of one or more resident electors thereof, upon his or their own knowledge: but if such transcripts do not accompany the petitions, the affidavit or affidavits need only state that the persons whose names are attached to the petitions are, to the best of affiant's knowledge and belief, qualified electors in such town- ship, ward or election district, which implies a residence within the township. — Friesner v. Common Council of Charlotte, 91 / 504.
county clerks (545) § 5416. SEC. 5. When such petitions have been to^fiie petition, presented to the county clerk, he shall file the same in his office, and when it shall appear upon the face thereof, and by the transcripts of the poll lists, or by reference to the re- turns and canvass of the last general election that such sub- mission 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 regu- lar or adjourned meeting of the board of supervisors, call the
Proviso as to .transcript.
ELECTION LAWS. 175
attention of the board to the fact that such petitions have been received and filed with him.
Am. 1899, Act 183.
The resolution of the board of supervisors, adopted in conformity to law, and the record being regular, that an election under the local option law has "been prayed for by the requisite number of electors, is conclusive of the preliminary steps necessary to set the board in motion. — Thomas v. Abbott, 105 / 687. The statute does not provide for the filing or keeping of any separate order, distinct from that entered upon the journal, and the provision .that the board "shall thereupon issue an order directing that such election be held" is complied with by the service upon the officers named in the act of copies of the order, and the publication of the same. Where, in the record of the day's proceedings, other matters appear besides the resolution or order •of the board directing the holding of a local option election, it is proper to omit such irrelevant matter from the notices served and posted, and to append thereto the signatures of the clerk and chairman found at the close of the day's proceedings as recorded. The law does not, in 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. Three of the inspectors signed the original canvass of the votes given in their township and apparently all joined in the returns that were canvassed by the board of supervisors, and it is held that the board had power to require an amended return if the one made was incomplete, and might, in certain cases, proceed and complete the canvass. The commission- ers of election have authority under the more recent Australian ballot law, to provide ballots for a local option election. The jurisdiction being shown by a valid record and canvass, the determination of the board of supervisors as to the result of a local option election is final. — Id.
(546) § 5417. SEC. 6. At such meetings of the board of cierktoiay supervisors it shall be the duty of the county clerk to lay before them petitions filed in his office praying for such sub- visors, mission of said question of prohibition, and when upon exam- ination, it shall appear to the said board, upon the face of said petitions, and by the transcripts of the poll lists, or by reference to the returns and canvass of the last general elec- tion, that such submission of said question has been prayed for by the requisite number of electors, as hereinbefore pro- vided, they shall, by resolution, determine and declare to that effect, and such determinations shall be final as to the suffi- ciency of the petitions and the requisite number of electors signing the same, and they shall thereupon issue an order directing that such question shall be voted upon at the next annual township election to be held in and for such county. Said order shall recite: The filing and examining of the peti- Order for elec- tions; the resolution determining and declaring that said petitions represent not less than one-third of all the qualified electors of the county as shown by the transcripts of the poll lists, or the returns and canvass of the last preceding general election for State officers held in such county; the ordering of the question of prohibition to be submitted at the next general 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 manu- facture 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 towrnship officers. Such orders shall be entered in Order to be full upon the journal of the proceedings of the board for that up
day, and the same shall be signed by the acting chairman and
176 STATE OF MICHIGAN.
Copy to be clerk of the board before final adjournment. The county
aSd inspectors clerk shall, without delay, cause a copy of such order, duly
of election. certified by him, to be delivered to the township clerk of
each township, and to one of the inspectors of election of
each ward or election district of every city in the county, and
Order for eiec- shall also at the same time cause such order to be published
Usnedlow pul " for three successive weeks in two newspapers published in
the county.
Am. Id.
The purpose of the provisions of the act making the determination by the board of supervisors that the election has been prayed for by the requisite number of electors signing the same, was to place the result when once reached by the people, beyond controversy or collateral attack, which power it was competent for the legislature to confer upon the board, under article 4, sec. 38, of the constitution. — Friesner v. Common Council of Charlotte, 91 / 504.
The provisions fixing the time when the different proceedings taken by the board of supervisors under the act shall be entered on their journal and signed by the acting chairman and clerk, are mandatory. — Covert v. Treas- urer of Gratiot Co., 93 / 603.
It is competent for the board of supervisors, when convened for the pur- pose 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 col- late 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 question submitted to the board when required by any member, gives an ample remedy to minori- ties, 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 neces- sary 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 prepared 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 returns from certain town- ships, will not invalidate the election, where the exclusion of such returns will not destroy the majority in favor of the proposition submitted to the electors.
The operation of the local option law in a given county does not depend upon the forwarding, without delay, by the county clerk to the secretary of state, of a certified transcript of the resolution of prohibition, and of so much of the journal of the proceedings of the board of supervisors, as per- tains to the election, including the tabular statement of votes, together with a copy of the affidavit of publication of the notice of the adoption of the resolution, as required by section fourteen of the local option law ; and the failure of the clerk to comply with said provision will not defeat the pro- ceeding.
Under this section which provides that the order of the board of super- visors directing that an election be held, "shall be entered in full upon the journal of the proceedings of the board for that day, and the same shall be signed by the acting chairman and clerk of the board before final adjourn- ment," it is sufficient if the journal for the day is signed after the close of the session. — Thomas v. Abbott, 105 / 688.
Section 7 repealed, 1899, Act 183.
Ballots who to (547) § 5419. SEC. 8. The officers whose duty it is to Sfretclform Proyide ballots for such annual township election shall pro- vide suitable ballots, as is provided for in section forty-eight of act number two hundred sixty-six of the session laws of eighteen hundred ninety-seven, containing the question, "Shall the manufacture of liquors and the liquor traffic be prohibited within the county?"
Am. 1899, Act 183.
Qualification (548) § 5420. SEC. 9. All persons entitled under the law
ors' of this State to vote for supervisor shall be deemed qualified
to vote upon the question of prohibition provided for in this.
ELECTION LAWS. 177
act. The registration of the qualified electors, the hours of Registration opening and closing the polls, the manner of voting, and of edWetCc°nduct" holding and conducting an election under this act, and the power and duty of the boards of registration, of inspection of election, township boards and common council, and all other officers with reference to such election, shall be the same in every respect as in the case of annual township elections, or the election of members of the board of supervisors, except as otherwise provided for by this act so far as the same shall be applicable: Provided, however, That such proposition having Proviso as to been once submitted and decided either way by a majority of questtoning the votes of the qualified electors in any county in the State, voting thereon, the same shall not be again submitted in such county within a period of two years next thereafter, but may, at any time after the expiration of such period upon a like petition and action, be again submitted, and so on, at the expiration of not less than two years after such election.
Am. Id.
EXPIRATION OP TWO YEARS: See Keefer v. Hillsdale Co., 109/645.
(549) § 5421. SEC. 10. At the close of the canvass, and statement of after declaring the result of the vote, and without recess or fnlpectors." by adjournment, the inspectors shall draw up a statement of
such result and cause a duplicate thereof to be made, which statement and duplicate, together with the poll lists, shall be certified by the inspectors to be correct, and shall be sub- scribed with their names. Such statement shall set forth Contents, in words at length the whole number of votes given upon the proposition submitted, and the whole number of votes cast "Yes" and the whole number of votes cast "No" thereon, and the majority for or against the proposition. Said statements, TO be filed, together with the poll lists, shall forthwith be filed by the in- spectors with the township or city clerk, one copy of each of which shall be filed and preserved in his office, and the other transmitted by him to the county clerk of the county within five days after such vote shall be taken, and there remain on file.
WITHOUT RECESS, ETC. : This provision relative to drawing up the statement is mandatory. — Covert v. Munson, 93 / 605. See Giddings v. Wells, 99 / 224.
(550) § 5422. SEC. 11. The board of supervisors of Board of su- sucli county shall meet on the first Monday after such election w1SnStoSmeet to canvass the vote of the county, and shall ascertain, deter-
mine and declare the result thereof. At such meeting the county clerk shall lay before the board the statements of the votes of the several townships, wards and election districts filed with him, as above provided. Such canvass, determina- tion and declaration of the result, together with a tabular statement of all the votes cast, shall be entered in full upon the journal of their proceedings for that day, and the same shall be signed by the acting chairman and the clerk of the 23
178
STATE OF MICHIGAN.
Proviso.
in case town-
hold election.
When to take effect.
board : Provided, That if any such statement or poll list shall not be made, certified or returned, as provided in section ten of this act, the board of supervisors may, at such meeting, send for the same and require the same to be certified and made, the same, and with like power and authority, as the board of county canvassers at general elections.
(551) § 5423. SEC. 12. In case any township, ward or refuse to election district shall refuse or neglect to hold an election
at the time 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 ex- pression 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 de- clare the result thereof, the same as though no such refusal or neglect to hold such election or the withholding of any such statement had taken place; and such refusal, neglect or withholding shall in no wise affect or invalidate the result of the election as determined and declared by such board.
Feek v. Twp. Board, 82/410; Thomas v. Abbott, 105/692.
(552) § 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, and to prohibit the keeping of a saloon or any other place where such liquors are manufactured, sold, stored for sale, given away or furnished, by resolution, adopted at that same meeting of the board, or at a meeting to which the same may be adjourned not more than ten days after such canvass. Such resolution shall be spread in full upon the journal of their proceedings and shall set forth in a preamble the fact that an election submitting a proposition of prohibition as aforesaid was duly held in the county; that sufficient returns and statements have been canvassed by them and the result thereof ascertained ; that such result was in the affirmative of such proposition, giving the majority, and that the same has been so determined and declared by them. Such resolution of prohibition shall take full effect in such county on the first
Duty of super visors, when vote is in the affirmative.
Resolution of prohibition.
Entered upon journal.
ELECTION LAWS. 179
day of May next following its adoption, and shall not be when not sub- subject to repeal by the board of supervisors within two ject to rePeal- years next thereafter, after the expiration of which period the board may again on petition of one-third of all the quali- fied electors thereof, as shown by the poll lists or returns and canvass 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 sub- sequent election duly held in accordance with the provisions of this act, shall have declared against the prohibition of the manufacture of liquor and of the traffic therein, and upon Result of re- the repeal of such resolution of prohibition by the board of pea1' etc- supervisors, all former suspension and superseding of the general laws of the State relative to the taxation and regu- lation of the manufacture and sale of intoxicating liquors, as provided in section two of this act, shall cease within such county : Provided, however, That all actions which may have Proviso been brought and all rights of actions which may have ac- crued before such repeal shall remain and continue to exist as fully as if no such repeal had taken place.
Am. 1899, Act 183.
Feek v. Twp. Board, 82 / 414 ; Keefer v. Supervisors, 109 / 645.
(553) § 5425. SEC. 14. It shall be the duty of the clerk cier^to pub- of such board of supervisors to publish without delay, once resolution0 in each week until the first day of the next May, in a news- paper 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 : Provided, That if such proposition shall have been de- Proviso, cided in the negative, such publication shall not be required. The said clerk shall also, without delay, forward to the sec- cierk- to for- retary of state a certified transcript of such resolution and Jar? of°statere~ of so much of the journal of the proceedings of the board of reSmuon,°eftc. supervisors as pertains to such 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. Such original affidavit of publication shall be filed, with the clerk of the board of supervisors, and he shall spread the same on the records of the board, following the record of the adoption of the resolution of prohibition, and the said clerk shall state next on the record the date when said notice and affidavit of publication was entered for record, and shall then sign the record officially. The record of such resolution of Record of pub- prohibition and the publication of notice, and all duly certi- 0 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
180
STATE OF MICHIGAN.
examination or trial of any person for the violation of any of the provisions of section one of this act.
Am. Id.
DESIGNATION OF NEWSPAPER: The statute requires a designation by the board when declaring the result. A prior letting of the county printing to certain papers is not sufficient. The record of the proceedings is fatally defective if it does not contain such a designation. — Moran v. Co. Treasurer, 97 / 186.
TRANSCRIPT : The operation of the law is not made to depend upon the forwarding or filing of this transcript and the failure of the clerk to comply with this provision will not defeat the proceedings. — Giddings v. Wells, 99 /
AFFIDAVIT OF PUBLICATION : Sufficiency of.— People v. Whitney, 105 / 633.
When certain provisions to take effect.
Proviso.
(554) § 5426. SEC. 15. The prohibitory provisons of this act shall take effect and have full force within such county of this State on and after the first day of May, imme- diately following the adoption by the board of supervisors of such county of the resolution ordering such prohibition and upon publication of the notice of the adoption of such reso- lution: Provided, however. That nothing in this act shall be so construed as to prohibit the sale of wine for sacramental purposes, nor shall anything herein contained prohibit drug- gists or registered pharmacists from selling or furnishing pure alcohol for medicinal, art, scientific and mechanical pur- poses, nor prohibit the sale of wine or cider from home-grown fruit in quantities of not less than five gallons, nor shall the provisions of this act be construed to prohibit the manufac- ture of wine or cider, nor shall the provisions of this act be construed to prohibit the sale at wholesale of wine or cider manufactured in said county to parties who reside outside of said county.
Am. 1899. Act 183; 1903, Act 170.
Sections 16, 17, 18 and 19 contain provisions relative to the enforcement of the act, if adopted by the electors.
Penalty on certain officers for neglect of duty.
Compensation of certain officers
When certain officers to make copy of poll list.
(555) § 5431. SEIC. 20. Any township, city, or county clerk, member of the board of registration, inspector of elec- tion, supervisor or other officer, who shall refuse or wilfully evade or neglect to perform any of the duties imposed upon him by the provisions of this act, shall, upon conviction there- of, be adjudged guilty of a misdemeanor and shall be pun- ished by a fine 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.
(556) § 5432. SBC. 21. The several officers required to render any service by reason of this act shall receive the same compensation allowed by law for other like services and from the same sources, and the fees for publishing the required notices shall be allowed by the board of supervisors and paid by the county.
(557) § 5433. SEC. 22. It shall be the duty of any town- ship, city or county clerk on the demand of any qualified elector in the county, and on payment or tender to him of the fee herein prescribed, to make out within a reasonable time
ELECTION LAWS. 181
and at his office deliver to such elector a true and certified copy of the poll list, or poll lists of the last general election held in his township, city or county, on file in his office, for which he shall be entitled to receive at the rate of fifty cents for every one hundred names.
(558) § 5434. SEC. 23. The secretary of state is hereby Secretary of required to prepare all suitable blank statements and poll p^e6 blank6" books to be used at elections held under this act, and to fur-
nish the same in sufficient numbers upon application to each county clerk, whenever they shall be needed in the county. And it shall be the duty of such county clerk, whenever such elec- tion is to be held in the county, to make requisition upon the secretary of state for a sufficient number of such blank state- ments and poll books, and at least ten days before such elec- tion distribute and deliver the same to the several township and city clerks in the county.
(559) § 5435. SEC. 24. It shall be the duty of the at- Duty of attor- torney general to draft, or cause the same to be done, under draftgwank l< his supervision, a complete set of all the blank forms that f°rms- may be used or required under the provisions of this act; and
it shall be the duty of the secretary of state to publish and distribute a sufficient number of copies of this act in pam- phlet form, with an appendix containing a copy of all such blank forms.
Section 25 was added in 1899, Act 183, and relates to the recording of sales of liquors by druggists.
CHAPTER XIV.— PRIMARY ELECTION LAW.
An Act relative to the nomination of party candidates for public office, and L delegates to political conventions, in certain cases, to regulate and protect primary elections, and to prescribe penalties for violation of the provis- ions hereof.
[Act 181 of 1905.]
The People of the State of Michigan enact: CHAPTER I.
OF DIRECT NOMINATIONS.
(560) SECTION 1. In any city, county, legislative district orwhencandi- congressional district in this State, whenever an election noSnS by shall be held pursuant to the provisions of this act, at which direct vote- election a majority of the qualified voters of any political party voting thereat shall vote in favor of the direct nomina- tion^ the candidates of such party in such city, county or district, thereafter the nomination of all candidates of said party for election at the November election to any elective
182 STATE OF MICHIGAN.
office in such city, county or district, as the case may be, and in the case of any such city the nomination of all can- didates of said party for election to any elective office in such city at the next ensuing city election, shall be made by direct vote of the qualified voters of such political party in such city, county or district, as hereinafter provided, and such method of nomination of the candidates of said party for said offices shall prevail in such city, county or district, until a majority of the qualified electors of such political party voting on said proposition at an election held pursuant to law, shall vote against said proposition when re-submitted voter must be to them under the terms of this act. No person shall vote at such primary unless he shall have been enrolled as here- Proposition inafter provided as a member of said political party. Said submmeT proposition may be re-submitted and decided by a majority of the qualified voters of any political party voting thereon in any such city, county or district, in the same manner, at the primary election held in such city, county or district on the second Tuesday of June preceding any general Novem- ber election as hereinafter mentioned. The provisions herein made for the submission of the proposition in the first in- . stance shall apply to the re-submission of the said proposition when primary herein provided for. Such primary election, when authorized to be held. ag aj)Ove> for ^e nomination by direct vote of the candidates of any such party, shall be held in the several election pre- cincts of such county or district, as the case may be, on the first Tuesday in September preceding any November elec- in case of tion. In the case of any city, said primary election for the nomination of city offices, when authorized as above, shall be held on the second Tuesday preceding the day on which the officers of said city are to be elected.
Certain words (561) SEC. 2. The words "primary" and "primary elec- tion" shall be construed to mean an election as herein pro- vided for, to decide by ballot who shall be the nominees of any or all political parties for the next ensuing November election, or for any city election, and delegates to conventions. The word "election" shall be construed to mean a general or local Proviso. election as distinguished from a primary election: Provided, That nothing in this act shall apply to the nomination of any circuit or supreme judge.
Notice of pri- (562) SEC. 3. All officers required by law to give notice of 3vey etc!10 to registration shall also give notice, when necessary, that a pri- mary election will be held, and shall state the date, the place where it will be held and the time the polls shall be open, and the purposes for which such primary will be held. Primary eiec- (563) SEC. 4. Primary elections shall, except as herein conducted, otherwise provided, be conducted and regulated as near as may be in every particular, as prescribed by law for the regu- lation and conduct of general elections. All officers required by law to perform any duty, or to provide places, ballot boxes, and equipment and supplies for general elections, are like-
ELECTION LAWS.
183
wise to do and provide for primary elections with the like power and compensation. All expenses of primaries shall be Expenses, how defrayed from the same fund from which are defrayed like defrayed- expenses of election. «
CHAPTER II.
OP PARTY ENROLLMENT.
(564) SECTION 1. A party enrollment shall be taken in each when taken, election district of this State of the voters in the respective political parties in the following described manner: At the election held on the first Monday of April, nineteen hundred six, and on the first Monday of April in every second year thereafter, in each election district of this State, the board of election inspectors shall make an enrollment of the names of all persons voting at said election who apply for enroll- ment as members of any political party. Notice of such Notice of. enrollment shall be included in the notice of such election. Such enrollment shall be made in a separate, suitable book, Manner of in which the names shall be enrolled in alphabetical order, er such book to be furnished by the Secretary of State to the |^\ajyu°rf county clerk and by him delivered to said board at the same nishebookur~ time and in the same manner as is now provided by law for the delivery of blanks for use at general elections, and shall be prepared substantially in form as follows: Party Enrollment of the Voters in
County.
City.
Ward.
. .Elective District.
Form of
|
Date |
Enrolled No. |
Name |
P. 0. Add. |
Age |
Nativity |
Color |
St. No. |
Party affiliations |
Removal |
Said enrollment book shall also contain blank forms of certificate to be used by the board in making return of such enrollment as herein provided.
(565) SEC. 2. The legal custodian of the general registra- custodian of tionbookof each election district shall be the custodian of the party enrollment book provided for herein. Such custodian, within thirty days after such party enrollment in nineteen hundred six, and every second year thereafter, shall make two copies thereof and shall forward, under seal, one of said copies to the county clerk of his county, and one copy thereof to the Secretary of State, to each of which copies he shall
184
STATE OF MICHIGAN.
When board of registration to review enroll- ment book.
Proviso.
attach his certificate that the same is a true and correct copy of the party enrollment in his election district.
(566) SEC. 3. At the usual time of registration before the election on the first Monday of April, nineteen hundred eight, and every second year thereafter, the board of registration in each election district shall review the enrollment book for said district and correct the same in the same manner as corrections are made in the book of registration for said district. The custodian of said enrollment book shall de- liver the same to the board of registration for the purposes of review and correction as herein provided : Provided, That in districts in which no election is held on the first Monday of April, nineteen hundred eight, and every second year thereafter, the board of registration shall review the said enrollment book for said district and make such corrections therein as herein provided on the day specified in section five hereof.
(567) SEC. 4. The board of election inspectors in each dis- trict at which the election referred to in this act is held, shall appoint a suitable person to act as an enrolling clerk, and who, under the direction of said board, shall enroll the names of such qualified voters of said election district as apply for party enrollment as hereinbefore provided. Such enroll- ment clerk shall receive the same compensation and be paid in the same manner as clerks of election under existing law.
(568) SEC. 5. In any election district of this State in which no election is to be held on the day fixed herein for making the party enrollment, the board of registration shall meet on said day, and remain in session from one o'clock until eight o'clock in the afternoon of said day, and shall enroll the names of all qualified electors of said district making application for party enrollment. Notice of the time and place of such meeting of said board of registration, and that the purpose of said meeting is to give opportunity for party enrollment of the qualified voters of such election district, shall be given as in case of the annual meeting of said board of registration.
(569) SEC. 6. It shall be the duty of the chairman of the board having in charge the party enrollment in any election precinct, to cause two black lines to be drawn across the page under the last name enrolled under each alphabetical let- ter in the party enrollment book, and shall cause to be written between said lines the words, "Last name enrolled
under this letter April , 19. ." filling in the
date of said enrollment.
(570) SEC. 7. Any person who was a qualified voter in any election district in this State on the day of enrollment pro- vided for in this chapter, and who failed to have his name enrolled on that day by reason of sickness or unavoidable absence from the election district, and who is a qualified voter in said district at the time of the primaries thereafter
Enrolling clerk, who to appoint.
Compensation.
When enroll- ment made in certain dis- tricts.
Notice of.
Last name enrolled, how Indicated.
When person may cause name to be enrolled on primary day.
ELECTION LAWS. 185
held therein, or who may have become twenty-one years of age after the day of enrollment, may have his name en- rolled by the election board on any primary day upon mak- ing oath as provided in the general election law in relation to registration of electors on election days. Any person Persons enti- who was a qualified voter in any election district in this enroinS State on the day of enrollment provided for in this chapter and who was duly enrolled as provided herein, who has had occasion to transfer his place of residence to an election dis- trict other than that in which he was enrolled, may be en- titled to a new enrollment in such election district and be entitled to vote therein : Provided, That he has resided in Proviso. the election district to which he has lately removed for a period of twenty days and that he obtain from a member of the election board of the district in which he formerly re- sided a certificate stating that he was duly enrolled in such district and that he has changed his residence therefrom to such other district and that he is entitled to enrollment therein.
CHAPTER III.
OF SUBMISSION OF PROPOSITION.
(571) SECTION 1. The question of the direct nomination by whenpropo- any political party of its candidates for city, county, legisla- ^bStfed. b< tive or congressional district offices, shall be submitted to the qualified, enrolled electors of such party upon petition there- for, signed by enrolled electors of such political party con- stituting at least twenty per cent of the qualified enrolled
voters of such party in such city, county or legislative or congressional district : Provided, That for the purposes of Proviso, this section, the number of persons belonging to any political party in any such city, county or district shall be deemed to equal the number of votes cast in such city, county or dis- trict for the candidate of such political party for Governor at the last preceding November election.
(572) SEC. 2. The petition referred to in the preceding sec- Petj^on^to tion, in the case of a city shall be addressed to the city clerk, dressed* " and in the case of a county, or legislative district wholly with- in one county, shall be addressed to the county clerk; and in
the case of a legislative or congressional district comprising more than one county, to the Secretary of State, and shall when deiiv- be delivered to said city clerk, county clerk or Secretary of State at least thirty days before the second Tuesday of June, mentioned in section one of chapter four hereof.
(573) SEC. 3. The petition mentioned in section one of this Object of pe- chapter shall embrace but a single object ; that is to say, a il submission of the question of direct nomination of candi- dates of the party named for Representative in Congress, or
State Senator, or Representative in the State Legislature, 24
186
STATE OF MICHIGAN.
Form of.
or county offices, or city offices, and shall be substantially in
the following form:
To the City Clerk, County Clerk (or Secretary of State) :
We, the undersigned, members of the
party, and enrolled as such in the party enrollment book of the election district, county, respect- fully petition that the question of direct nomination of can- didates of said party for shall be submitted
to the qualified voters of said political party on the second Tuesday of June next.
(Signed)
When officers to give notice of proposition.
What to con- tain.
Duty of elec- tion commis- sioners.
Form of ballot.
Who entitled to vote.
Votes, how canvassed.
When question of nominating candidates for governor and lieutenant governor to be submitted, etc.
Dated , 19...
(574) SEC. 4. Upon examination of said petition, if said city clerk, county clerk or secretary of state, as the case may be, shall find that twenty per cent of the qualified voters of such party in said city, county or district, as mentioned in sec- tion one of this chapter petition therefor, he shall give notice in such manner as is provided by law for giving notice of general elections in this ^tate, that at the primary election to be held pursuant to the provisions of this act on the second Tuesday of June thereafter, the proposition will be sub- mitted to the qualified voters of the political party referred to in such petition or petitions, as to whether the nomination of the candidates of such political party for the offices named in said petitions shall be made thereafter in such city, county or district, by direct vote; and the board of election commissioners in such city or county, or in each of the coun- ties in such district, as the case may be, shall cause to be printed in an appropriate place on the ballot of said party to be used at such primary, the words
"Direct nomination of (here name party) candidates for offices.
[] Yes.
[] No.
A separate line shall be printed on said ballot, as above, to enable each proposition petitioned for, according to the provisions of this chapter, to be voted on by itself. No per- son shall vote at such primary unless he shall have been en- rolled as provided in section one or section seven of chapter two hereof, as a member of such political party. The votes cast at such primary election shall be canvassed and returns thereof made in like manner as is provided for the canvassing of votes and the making of returns of any general election held in such city, county or district, by the terms of existing law.
(575) SEC. 5. The question of nominating candidates for the offices of governor and lieutenant governor shall be sub- mitted to the enrolled voters of each political party at the primary election held on the second Tuesday of June, nine- teen hundred six, in the same manner and under the same
ELECTION LAWS. 187
regulations as is provided for submitting the question of direct nominations in counties or legislative or congressional districts, except as to petitioning for submission in the first instance, and if a majority of the enrolled voters of any politi- cal party voting thereon shall vote therefor; said party shall nominate candidates for the offices of Governor and Lieuten- ant Governor in said manner at the general primary election thereafter held as provided by this act. All of the provisions Manner of con- of this act for the preparation of petitions for nominations, Jlariesf prep-
and all of the provisions of this act for the preparation of a™11?1* of
„ . , , ballots, etc
ballots and for the conducting of said primary election and
for the canvassing, certifying of the returns thereof and any
contest or recount shall apply to primaries held pursuant
to the provisions of this section, which said primaries shall
be conducted as the case may be in accordance with the pro-
visions of this act and with the provisions of the general
election law when not in contravention of any provisions
of this act, except that the Secretary of State and Board
of State Canvassers shall perform the necessary duties in
place of the county canvassers, as herein provided : Provided,
That such method of nomination of the candidates of said Of question
party for said offices of Governor and Lieutenant Governor
shall prevail until a majority of the qualified electors of such
political party voting on said proposition at an election held
pursuant to law shall vote against such proposition when
re-submitted to them on petition addressed to the Secretary
of State by at least twenty per cent of the enrolled electors
of such political party in the State under the terms of this
act : And provided further, That the candidate receiving the Further
plurality, and at least forty per cent of the votes cast by his Vr00t™°eces_
party for any office named in this section at any primary held sary to nomi-
pursuant to the provisions thereof, shall be the nominee of n<
said party for said office at the next ensuing general Novem-
ber election. •
(576) SEC. 6. The nomination of candidates in nineteen Nominations hundred six of all political parties for the offices named in section five of this chapter shall be made at the primary elec- tion held on the second Tuesday of June, nineteen hundred six, in the same manner and under the same conditions as nomi- nations for office may be made at September primaries pur- suant to the provisions of this act as if the question of nomi- nating such candidates for State offices had already been submitted and decided affirmatively by a majority of each of said political party voting thereon : Provided, That in Proviso. case the question of direct nomination of candidates for said when ca oflfices submitted pursuant to the provisions of section five nominee of po- of this chapter shall be decided affirmatively by a majority U1 of any political party voting thereon at said primary election the candidates of said party for the said offices receiving such plurality and at least forty per cent of the votes cast by said party for each of the said offices respectively shall be
188
STATE OF MICHIGAN.
the nominees of said party for the said offices respectively and shall be the nominee of said party for the said offices to be voted for at the general November election to be held in in case propo- nineteen hundred six, but if said proposition shall fail of oftiadoptiori.fal1 adoption by any political party the candidates of such party to be voted for at such November election shall be nomi- nated and certified the same as if this act had not been passed: And provided further, That in the case of any of the said offices if no candidate receives a plurality, and at least forty per cent of the votes cast by his party at said pri- mary for said offices, said political party shall nominate its candidate for said office and certify such nomination in the same manner as if this act had not been passed. The pro- visions of section nine of chapter five relating to the chal- lenging of electors shall apply with equal force at the June primaries provided for by this chapter.
Further proviso. When candi- date fails to receive plu- rality, etc.
CHAPTER IV.
OF ELECTION OF DELEGATES.
General pri- mary election, when held.
Delegates, election of.
How conduct- ed.
Vacancy, how filled.
Who to appor- tion delegates
How appor- tioned.
Challenge of electors
(577) SECTION 1. A general primary election shall be held in every election district in the State on the second Tuesday of June, nineteen hundred six, and on the second Tuesday of June in every second year thereafter, at which time there shall be elected by direct vote of the qualified enrolled voters of each political party in such election district as many delegates as each political party in such district shall be entitled to by the call issued by the county committee of such political party to the county convention thereafter to be held by such political party in said county in that year for the purpose of electing delegates to the State convention to nominate candidates for State offices. Such primary election shall be conducted as nearly as may be in the same manner as general elections are conducted and by the same officers; and in case of any vacancy in any delegation from any election district to the county convention, such vacancy shall be filled by delegates present from such election dis- trict. The State Central Committee of each political party, at least thirty days before the holding of the primary elec- tion provided for in this chapter, shall certify to the board of election commissioners of each county the number of dele- gates to which such county shall be entitled in the State convention of such party, and said State Central Committee shall apportion such delegates to the several counties in pro- portion and according to the number of votes cast for the candidate of such party for Governor in each of said coun- ties respectively at the last preceding November election. The provisions of section nine of chapter five relating to the challenging of electors shall apply with equal force at the
ELECTION LAWS. 189
June primaries provided for by chapters three and four of this act.
(578) SEC. 2. It shall be the duty of the board of election Baii9ts> who to commissioners in each county to prepare and furnish the bal- SSSfeic0?™' lots to be used at said primary election. Such ballots shall
contain the name of the party for which they are to be used,
the voting precinct and county, the instruction as to the
method of voting, and at least as many lines thereon as there
are delegates to be elected in the different voting precincts.
The ballots shall be prepared as nearly as may be as to color
and size as provided in section seven of chapter five of this
act, and no vote shall be counted for delegates to any party certain votes
convention that is not cast upon a ballot prepared for such nc
political party as herein provided.
(579) SEC. 3. The chairman of the county committee of each chairman of political party shall certify to the board of election com- See, Smcer- missioners of his county at least ten days before the holding deJe^tSber °f of such primary election, the number of delegates to which
each election district in said county will be entitled at the county convention of said political - party to be held in said county in said year, for the purpose of electing delegates to the State convention of said political party as provided in section one of this chapter.
(580) SEC. 4. All the ballots designed for use at any pri- Color of bai- mary election held pursuant to the provisions of this chapter,
shall be printed on different colored paper for each politi- cal party, in the same manner as is ^ provided in section seven, chapter five of this act. And all the provisions of Sections reiat- sections three and four of chapter one, and section nine of Sf , baSsf ct< chapter five of this act, relating to the board of election in- etc- spectors, ballots, ballot boxes, tally sheets, etc., shall apply to elections held under the provisions of this chapter.
(581) SEC. 5. The provision of section ten of chapter five Plurality vote hereof shall be applicable so far as consistent with the provi-
sions of this chapter to any primary election held pursuant to the provisions of this chapter, and the persons receiving the highest number of votes for delegates at said primary shall be declared by the board of election inspectors to be elected. Said board shall certify to the county clerk the names of the persons so elected as delegates, naming the political elected party upon whose ballot such persons were elected.
(582) SEC. 6. The county conventions of all political par- county con- ties, for the election of delegates to the State convention f or when°5eid. the nomination of State officers, shall be held within seven
days after the primary election held pursuant to the provisions
of this chapter. All such county conventions of any one g^^J*1^
political party shall be held on the same day, such day to namedate of
be designated by the State Central Committee of such politi- cc
cal party in its call for the State convention to nominate
candidates for State officers. The place of meeting of such
county conventions shall be designated in the call issued
190
STATE OF MICHIGAN.
therefor by the respective county committees of such politi- when dele- cal party. At such county conventions respectively, the num- oSiventionate Der of delegates to which each such county is entitled in the chosen State convention of the party according to the apportion-
ment set forth in the call for such State convention by the State Central Committee of said party, shall be chosen.
(538) SEC. 7. The State conventions of all political parties for the nomination of candidates for State officers shall be held within sixty days after the second Tuesday in June preced- ing any general November election, the particular day and the place of meeting to be designated by the State Central Committees of the political parties respectively, in the calls for said State conventions, which said calls shall be issued on or before the first day of July aforesaid.
State conven- tions, when held, etc.
CHAPTER Y.
OF NOMINATION OF CANDIDATES.
Time and place of hold- mg primaries.
Proviso as to certain counties.
Number of votes neces- sary to nomi- nate.
City offices : Nomination papers, where filed; signa- tures neces- sary.
County offices,
(584) SECTION 1. Primary elections held within any city, county, legislative district or congressional district, the elec- tors of any political party or parties of which have decided, pursuant to the provisions of this act, in favor of the direct nomination of party candidates for city, county or district offices, shall be held for the purpose of selecting such candi- dates of such political party or parties at the time and place and in the manner in this act provided, and not otherwise: Provided, That the provisions of this chapter shall not apply to, or be operative in the counties of Alpena, Kent, Muske- gon and Wayne, except where such counties or parts of coun- ties form a part of a congressional or legislative district, in which case the provisions of this chapter shall be in effect in said county or parts of counties in regard to the nomi- nation of candidates for Representative in Congress or State Senator in the State Legislature. The candidates who re- ceive the greatest number of votes on any party ballot for each of such offices at any primary, shall be the nominees of such party for the ensuing election.
(585) SEC. 2. To obtain the printing of the name of any can- didate of any such political party for a city office for any primary election held pursuant to provisions of this act, there shall be filed with the clerk of the city, nomination papers signed by a number of qualified electors who are enrolled in the party enrollment of said party and who reside in the city in which the election is to be held for the office named therein equal to at least two per cent of the number of votes that such party cast therein for Governor at* the last preceding November election. To obtain the printing of the name of any candidate of any such political party for a county office upon the ballots for any primary election
ELECTION LAWS. 191
held pursuant to the provisions of this act, there shall be filed with the clerk of the county nomination papers signed by a number of qualified electors who are enrolled in the party enrollment of said party, and who reside in the county in which the election is to be held, for the office named therein, equal to at least two per cent of the number of votes that such party cast therein for Governor at the last pre- ceding November election. To obtain the printing of the Distrct office, name of any candidate of any such political party for a fesTtha^one district office in any district comprising less than one county, county- nomination papers signed by a number of qualified electors who are enrolled in the party enrollment of said party in said district for an office named therein equal to at least two per cent of the number of votes that such party cast in said dis- trict for Governor at the last preceding November election, shall be filed with the county clerk of said county, and in the case of a district office in a district comprising more District office, than one county to obtain the printing of the name of any moTthaif candidate of any such political party upon the ballot, there one county, shall be filed with the clerk of each county, in such district nomination papers signed by a number of qualified electors residing in such county and who are enrolled in the party enrollment of said party, equal to at least two per cent of the number of votes that such party cast therein for Gov- ernor at the last preceding election. And in the case of a state offices. State officer, to obtain the printing of the name of any can- didate of any such political party upon the ballot, there shall be filed 'with the Secretary of State nomination papers signed by a number of qualified electors residing in the State and who" are enrolled in the party enrollment of said party, equal to at least two per cent of the number of votes that such party cast therein for Governor at the last preceding election. Nomination papers of candidates of new parties Nomination shall be signed by electors residing in such city, county or district as the case may be, equal in number to one per cent of the total vote cast for Governor in such county or dis- trict at the last preceding November election. All nomina- £ tion papers shall be substantially in the following form :
We, the undersigned, qualified electors of the
election district of the city of , or of the
township of , in the county of
and State of Michigan, and enrolled members of the
party, hereby nominate , who resides at
No street, city of , or in the town- ship 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, and we further declare we intend to support the candidate herein named.
192
STATE OF MICHIGAN.
|
Name. |
Residence. |
St. number (in Cities.) |
Date of signing. |
Elector to sign but one paper; exception
Declaration of signer.
Nomination papers, when Hied
Clerks to pre- pare a list of candidates.
Keep record of
nomination
papers.
Clerks to cer- tify names of all candidates.
Election com- missioners, duty of
Number of ballots to be printed.
Proof copies, where filed, etc.
Secretary of State to print pamphlet $ copies of this act.
Each signer of said nomination papers shall sign but one such paper for the same office, except where there are two or more to be nominated and elected to the same office, when he may sign as many papers as there are persons to be elected to such office. He shall therein declare that he in- tends to support the candidate named therein, adding his residence, with the street and number, if any, and the date of signing, and this paragraph shall be printed in full at the top of each nomination paper. The above mentioned clerks shall keep on hand printed forms for such primary petitions and nomination papers.
(586) SBC. 3. The respective city clerk or county clerk shall receive nomination papers filed in accordance herewith, up to four o'clock in the afternoon of the fifteenth day before the day of a primary election, for the nomination of candi- dates for office, and shall forthwith prepare and publicly expose in his office a list of the candidates for offices, named in the nomination papers filed in his office, under the head- ings of party and office as near as may be as they will appear upon the primary ballots. Such clerks shall keep a public record of the nomination papers, filed in a book, with the columns in which shall be entered respectively, the dates, the names of the candidates and the offices sought. Said book shall state the number of electors signing nomination papers for each candidate. The said clerks respectively shall forthwith, after the last day for receiving and filing nomina- tion papers, certify to the proper board of election commis- sioners the names of all candidates mentioned in said nomi- nation papers, together with the name of the party and the office stated.
(587) SEC. 4. The board of election commissioners of any city or county shall cause to be printed upon the ballots of any political party for any primary at which candidates of such political parties are to be nominated by direct vote, the names of all candidates for such offices in whose behalf the requirements of this act shall have been fulfilled and no others. The number of ballots to be printed for the use of each political party at a primary election in any election dis- trict shall be at least fifty per cent more than the total num- ber of votes cast therein at the last presidential election by such party. Proof copies of the primary ballot shall be on file at the office of the count}*" clerk or city clerk, as the case may be, for public inspection at least three days before the primary. It shall be the duty of the Secretary of State to cause to be printed pamphlet copies of this act and to furnish to the county clerk of any county and to the city
ELECTION LAWS. 193
clerk of any city in which any political party shall here- after adopt direct voting, as provided for by this act, a sufficient number of copies thereof to enable said clerk to furnish at least two copies to each board of election inspec- tors, in his city or county at the same time the other supplies are furnished.
(588) SEC. 5. The ballots for primary election shall be Election corn- printed by the respective boards of election commissioners as JSm°baUots° follows : At the top of the ballot shall be printed in large type General the words "Official Primary Ballot." Underneath shall befonnof- printed the date of the election at which the ballot is to be used, followed, when necessary by the designation of the po- litical subdivision, as county, district, city, ward, etc. Then shall follow, in bold faced type, the name of the political party, the candidates of which are printed on the ticket. Un- derneath that shall appear these instructions: "Make a cross in the square to the left of as many names for each office as is indicated under the title of such office." The ballots for HOW num- such election district shall be numbered consecutively, as bered- provided for the numbering of ballots by the general election law. All names of candidates of each political party shall Names of can- be printed on a separate ballot, and said ballot shall be in 0; oaffices?r one or more columns, as may be determined by the election title> etc- commissioners in making up the same. The order of the offices on the ballot shall be the same as is required by law in making up the ballot for an election. The title of the office shall be immediately above the names of the candidate or candidates for such office, and under such title the words "Vote for" followed by the word "one" "two" or a word designating the number of persons 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 name, and the spaces devoted to the several offices shall be separated by a black-faced rule to separate each position clearly. If two or more columns are used on a ballot, the columns shall be separated by a black line one- sixth of an inch wide. The names under heading designating each official position shall be alternated on the ballots of each party casting at least five per cent of the vote cast in the county or political subdivision at the preceding Novem- ber election, and printed in the following manner :
First, The forms shall be set up with the names of such Printing of candidates arranged alphabetically, in order according to a5™rnatedWetc. surnames. In printing each set of tickets for the several election districts, the positions of the names shall be changed in each office division, as many times as there are candidates in the office division in which there are the most names. As nearly as possible an equal number of tickets shall be printed after each change. In making the changes of position, the printers shall take the line of type at the head of each office 25
194
STATE OF MICHIGAN.
division and place it at the bottom of the division, and shove up the column so that the name that before was second shall be first after the change. After the ballots are printed, and before being trimmed, they shall be kept in separate piles, the one pile for each change of position, and shall then be piled by taking one from each pile and placing it upon the pile to be trimmed, the intention being that every other 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 upper right hand corner upon the front of the ballot, with a perforated line across said corner, underneath the said number, so that the corner with the number can be torn off. After that the ballots shall be trimmed, and done up in sealed packages and distributed for use at the primary election the same as is required by law for the distribution of ballots at the general election. The ballots shall be in the form provided herein, and annexed hereto, as nearly as possible:
When num- bered.
When trim- med and sealed.
ELECTION LAWS.
195
No.
OFFICIAL PRIMARY BALLOT.
Primary Election _
Party.
Make a cross in the square [X] in front of as many names for each office as is indi- cated under the title of such office.
|
CONGRESSIONAL. |
COUNTY. |
||
|
Representative in Congress, District. Vote for One. |
Judge of Probate. Vote for One. |
||
|
D |
JOHN DOE |
D |
JOHN DOE |
|
D |
RICHARD DOE |
D |
RICHARD DOE |
|
D |
JOHN SMITH |
D |
JOHN SMITH |
|
State Senator, District. Vote for One. |
Sheriff. Vote for One. |
||
|
D |
JOHN DOE |
D |
JOHN DOE |
|
n |
RICHARD DOE |
D |
RICHARD DOE |
|
D |
JOHN SMITH |
D |
JOHN SMITH |
|
n |
WILLIAM BROWN |
D |
WILLIAM BROWN |
|
Representatives in State Legislature, District. Vote for Three. |
Circuit Court Commissioners, Vote for Two. |
||
|
D |
JOHN DOE |
D |
JOHN DOE |
|
D |
RICHARD DOE |
D |
RICHARD DOE |
|
D |
JOHN SMITH |
n |
JOHN SMITH |
|
D |
WILLIAM BROWN |
D |
WILLIAM BROWN |
|
n |
CHARLES WHITE |
n |
CHARLES WHITE |
|
n |
JAMES BLACK |
n |
JAMES BLACK |
196
STATE OF MICHIGAN.
Color of bal- •ots
Size.
Inspectors, who to con- stitute.
When ballots and supplies to be delivered
The arrangement of the names of candidates for other offices shall be substantially in the same form as above. General laws (589) SEC. 6. All primary elections for the nomination of candidates for office shall be held by election districts or pre- cincts as general elections are held, and the polls thereof shall be kept open in the respective precincts for the same length of time.
(590) SBC. 7. All the ballots designed for use .at any pri- mary election held for the nomination of candidates for office shall be printed on different colored paper for each political party. Ballots for the Republican party shall be printed in black ink, upon a good quality of white paper. Ballots for the Democratic party shall be printed in black ink upon a good quality of blue paper. Ballots for the Prohibition party shall be printed in black ink upon a good quality of red paper, and if there are other political parties, the board of election commissioners shall print all ballots therefor in black ink, upon a different colored paper from that as above designated. The size of all ballots shall be such as the said board shall prescribe.
(591) SBC, 8. 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 ballots herein provided for, together with the necessary pencils, tally sheets, etc., necessary to carry on said election, shall be de- livered by the board of county election commissioners, at the office of the county clerk or by the board of city election commissioners at the office of the city clerk, as the case may be, to a member of the board of primary election inspectors of each ward or voting precinct in the city or county, at least three days prior to the day designated as primary election day. The provisions of the general election law relative to the furnishing of ballots, tally sheets, pencils and ballot boxes shall be applicable hereto, except in so far as the pro- visions of this act may be inconsistent therewith.
(592) SEC. 9. After the polls are opened at a primary elec- tion any elector, who is legally qualified and enrolled as here- inbefore provided, shall before entering the booth be given a ballot of the political party with which he is enrolled. It shall be incumbent upon him to state to the inspector of election, having in charge the giving of ballots to electors, the party ballot hev desires, which, if he is enrolled as a mem- ber of said party and if his right to vote that ballot is not challenged, he shall be entitled to receive forthwith. It shall be competent for any elector or inspector of primary elec- tion present to challenge the right of any one offering to vote, on the ground that he is not a legal voter in that dis- trict, or that he belongs to a political party other than that whose ballot he has asked for. When the right of any voter to a ballot is challenged he shall be required to make
General laws to govern, relative to supplies -
Voter given ballot of his political party
Must state .party ballot desired.
Right of challenge
Challenged voter to make oath.
ELECTION LAWS. 197
oath that he will be entitled to vote in that precinct at the next ensuing election, and that he is in sympathy with the political party whose ballot he has asked for. Such oath Form of oath shall be in the following form:
You do hereby solemnly swear that you are a resident
and qualified voter in the township of , or
election district or dis- trict or ward of the city of ;
that you are in sympathy with the principles of the
party ; that you are enrolled as a member thereof
in the party enrollment in said township or ward, or election district, and expect to vote the ticket of that party at the next ensuing election.
When the challenged voter has taken said oath, he shall then receive the ballot asked for, and be entitled to vote, the same as if his vote had not been challenged. The elector Manner of after having received his ballot, shall enter a booth, and votmg- while there concealed from view prepare such ballot by mak- ing a cross in the square at the left of such names 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 may, May substitute however, vote for any candidate whose name is hot printed ^ on the ballot by so writing in such other name as shall make it substitute for any name which is printed thereon or when no candidate's name appears upon the ballot. He shall then HOW ballot fold the ballot so that the perforated corner having within fo ballot number shall be on the outside, and present it to the proper inspector, who shall tear off the number and deposit the ballot in the ballot box. The inspector shall enter upon Duty of the poll list the name of each elector, the name of the politi- mspec cal party and the number of his ballot, before the same is given to him, and the inspector receiving the ballot shall, before depositing it in the box, ascertain by comparison with the poll list whether it is the same ballot given to him, and if it is not the same ballot he shall reject it and such elector shall not be allowed to vote at such primary. If any elector voter not to shall, after marking his ballot, so expose it to any person expos as to reveal the name of any person voted for thereon, such ballot shall be rejected and such voter shall .forfeit the right to vote at such primary, and a brief minute of such occur- rence shall be made in the enrollment book and upon the poll list. Challengers and witnesses appointed by the sev- challengers eral political parties shall be allowed to be present with the ar same powers as are provided by law for general elections.
(593) SEC. 10. After the closing of the polls on the day of holding of any primary, the ballots shall be counted as pro- vided by law for the counting of the ballots of any regular elec- tion. In counting such ballots, those candidates who have a cross made in the square at the left of their names shall be deemed to have been voted for, but any ballot upon which more candidates for any office have been voted for than may, by law,
198 STATE OF MICHIGAN.
Declaration of be elected to such office shall be rejected as to that office. After iaUy^eeS °f ^e vo^es in anv primary election in any district shall have ?awsfonovern ^een counted, the officials counting the same shall publicly n declare the result, and forthwith make and certify written detailed statements, as are required by law for general elec- tion, except as hereinafter provided, of the whole number of votes cast in such district for each candidate for each of said offices or positions provided for in section one of chap- ter V of this act, on each party ballot, and shall certify, subscribe and seal in a separate envelope such statements and one of the tally sheets, and write thereon the name and num- ber of the election district, if any, and deliver such state- ments and tally sheets to such persons and at such times as are required by law for general elections, and as soon as they have completed the counting of the votes of their pre- cincts they shall return all the ballots voted to the ballot boxes, which shall be locked and sealed, and the same, and all books, unused ballots, supplies and lists shall be safe- guarded and returned, as is prescribed for so doing at the close of the * general elections. The ballots in the ballot boxes shall be preserved until after the respective boards of canvassers shall have made up their respective tickets, canvass of (594) SEC. 11. The returns of said primary election shall be
canvassed and the results declared in the same manner, at the same time after the primary, and by the same officers as is provided by general law for canvassing the returns of and declaring the result in city, county and district elections, who declared The candidates, who shall have received the largest number nominated. of vo^-eg cas{ for anv ofQce as set forth in such returns, or determined by the board of canvassers on a recount by them of said ballots, as hereinafter provided, shall be declared nominated as candidates for the respective offices and the said board of canvassers shall forthwith certify such nomi- nations to the county election commission in each county affected thereby.
candidate (595) SEC. 12. Any candidate voted for at any primary elec-
£r recount!11 tion provided in this act, who conceives himself aggrieved on account of any fraud or mistake in the count by the in- spectors of election, of the votes cast, or the returns made by them, may on or before the close of the first day upon which the board of state, city or county canvassers meet, pre- sent to and file with the chairman 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 which they occurred, Amount of and asking for a recount of the votes cast therein. He shall, at the same time, deposit with said chairman, the sum of ten dollars for each and every township, ward or election district, the vote of which he asks to have recounted by such Proviso. board: Provided, That no candidate shall be required to de-
ELECTION LAWS. 199
posit more than one hundred dollars. Upon filing the peti- Notice of re- tion and making the deposit required herein, and giving at s?™i.ho least twelve hours written notice thereof to the opposing candidate, by handing to such candidate a copy thereof, or, if such candidate cannot be found, by leaving such copy at his last place of residence, it shall be the duty of said board of canvassers to investigate the facts set forth in said peti- tion. For such purpose the said board shall cause the bal- lot boxes used in such election districts to be brought be- fore them. The board shall thereupon, in some public place Procedure of where such candidates and their counsel may be present, if oTreamnt?86 they so desire, proceed forthwith to open the ballot boxes from such districts, townships or wards and to make a re- count thereof as to such Candidates, and make correct and full return, in writing, under their hands, to said board, showing the, full number of votes given, the names of the candidates and the number of votes given to each, written out in words and figures. As soon as the recount is com- pleted, said board shall, at once, return the ballots to their respective boxes, carefully lock up and seal the same, and deliver them to the officer having the care and custody thereof. The returns made by said board of canvassers upon such recount shall be deemed to be correct, anything in the previous return from such township, ward, or district, to the contrary notwithstanding. In all cases, where, by reason of Disposition such recount, the petitioner succeeds in establishing fraud deposUeS or mistake, as set forth in his petition, and receives a certifi- cate of nomination, the money deposited by him shall be re- funded; otherwise it shall be turned into the treasury of the State, county or city, as the case may be. If two or more HOW tie candidates of the same political party are tied for the same d€ office, the tie shall be determined by lot to be cast then and there as the canvassing board may direct.
(596) SEC. 13. The several boards of election commission- Boards to ers shall cause to be printed upon the ballots to be used for placed1?? s election for offices included in section one of chapter V of this Ballots. act, the names of the candidates for such offices, selected un- der the provisions of this act : Provided, That when any can- Proviso, didate shall die, or shall withdraw as such candidate before Party com- the printing of the ballots, after having been nominated as &ySa£, su herein provided, then the proper board of election commffr Jg^jgjfjj- sioners shall cause to be printed or placed upon such ballot, withdraws, in the place of such candidate, the name of the candidate who shall be selected by the proper party committee upon the certificate of its chairman and secretary, as is provided for general elections : Provided further, In the case of any po- Further litical party which has not voted according to the provisions pl of this act to nominate its candidates for office by direct vote may have its candidates for office certified to the boards of election commissioners, as provided by law previous to the passage of this act.
200
STATE OF MICHIGAN.
CHAPTER VI.
Misdemeanor, what deemed.
Penalty.
Duty of county clerk, relative to printing and distributing posters.
Duty of elec- tion inspect- ors.
Clerks to de- liver blanks, enrollment books, etc.
OF PENALTIES AND MISCELLANEOUS PROVISIONS.
(597) SECTION 1. Any person who shall, while the polls are open at any polling place on any primary day, solicit votes in the said polling place, 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 place; any person who shall solicit or re- ceive, directly or indirectly, any money or any promise of place or position, or any valuable consideration for his vote or support at any such primary election; any person who shall offer any voter any money "or reward of any kind, or who shall promise any place or position for the purpose of securing such votes or vote, or support, at any such primary election; any person who shall violate any of the require- ments or provisions of this act; any person who shall refuse or neglect to perform any duty enjoined upon him thereby; any person who shall vote or attempt to vote more than once, or in more than one election district, at the same primary election, shall be guilty of a misdemeanor. When by this act any act or duty is required to be done or performed by or under the direction, supervision or authority of any offi- cer, and such act or duty shall not be done or performed, then the officer who shall neglect to perform such act or duty, or shall suffer or permit the omission to perform such act or duty, require or authorize the omission or non-performance of such act or duty, shall be guilty of a misdemeanor, and shall be punished as herein provided. Any person who shall be convicted of any of the acts or omissions which are by this act declared to be misdemeanors, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or both such fine and imprisonment in the discretion of the court.
(598) SEC. 2. It shall be the duty of the county clerk of any county in which primaries are held for the nomination of candidates for office, pursuant to the provisions of this act, to cause to be printed large posters containing the whole verbatim of the preceding section of this act, and shall fur- nish two of such posters to the board of election inspectors of each election district in his county at the same time that the official ballots for use at such primaries are delivered, and the board of election inspectors shall cause the said posters to be posted in conspicuous places in the polling place, so that the same can be plainly seen and read by all persons at such 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 in- spectors of each election district within his jurisdiction, be- fore the time for opening of the polls on the day of such
ELECTION LAWS. 201
primary, the register of electors and the party enrollment book; also blanks for poll lists and returns and any other supplies necessary to carry out the provisions of this act.
(599) SEC. 3. The day on which any primary election shall Primary day, be held pursuant to the provision of this act shall be deemed election day. to be an election day in any city, county, or district, where such primary election is held, within the meaning of section seventeen of act number three hundred thirteen of the pub- lic 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 or parts of acts inconsistent with the provisions of this act." 26
APPENDIX
APPENDIX.
PROVISIONS OF THE CONSTITUTION OF THE UNITED STATES APPLICABLE TO ELEC- TIONS IN THE STATES, AND LAWS IN RELATION TO THE NATURAL- IZATION OF ALIENS.
CONSTITUTIONAL PROVISIONS.
ARTICLE I.
•
SECTION I.
1. All legislative powers herein granted shall be vested in Legislative a congress of the United States, which shall consist of a p°wer- senate and house of representatives.
SECTION II.
1. The house of representatives shall be composed of mem- House of rep- bers chosen every second year by the people of the several S^uaimca- states, and the electors in each state shall have the qualifica- «ons of elec- tions requisite for electors of the most numerous branch of the °r
state legislature.
2. No person shall be a representative who shall not have of represen- attained to the age of twenty-five years, and been seven years tatives-
a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.
4. When vacancies happen in the representation from any vacancies, state, the executive authority thereof shall issue writs of elec- tion to fill such vacancies.
SECTION III.
1. The senate of the United States shall be composed of senate, each two senators from each state, chosen by the legislature se thereof, for six 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 citizen °
of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.
206
APPENDIX.
Elections, how regulated.
SECTION IV.
1. The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof; but the congress may at any time by law, make or alter such regulations, except as to the places of choosing senators.
ARTICLE II.
Executive power
Electors of president and vice president,
Time of choos- ing electors.
Qualifications for president.
SECTION I.
1. The executive power shall be vested in a president of the United States of America. He shall hold his office during the term of four years, and, together with the vice president, chosen for the same term, be elected, as follows :
2. Each state* shall appoint, in such manner as the legisla- ture 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 years a resident within the United States.
Amending constitution.
ARTICLE V.
1. The congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this consti- tution, or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all in- tents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the congress : Provided, That no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate.
APPENDIX. 207
ARTICLE XII.
PROPOSED AT THE FIRST SESSION OF THE EIGHTH CONGRESS.
1. The electors shall meet in their respective states, and Mode of elect- vote by ballot for president and vice president, one of whom,
at least, shall not be an inhabitant of the same state with themselves, they shall name in their ballots the person voted —choosing for as president, and in distinct ballots the person voted for pl as vice president, and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice president, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate; the president of the senate shall in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for president shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as presi- dent, the house of representatives shall choose immediately, by ballot, the president. But, in choosing the president the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall con- sist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a presi- dent whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice president shall act as president, as in the case of the death or other constitutional disability of the president.
2. The person having the greatest number of votes as vice vice prea- president, shall be the vice president, if such number be a * majority of the whole number of electors appointed; and if
no person have a majority, then from the two highest num- bers on the list, the senate shall choose the vice president; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole num- ber shall be necessary to a choice.
3. But no person constitutionally ineligible to the office of Qualification president shall be eligible to that of vice president of the United States.
ARTICLE XIV.
PROPOSED AT THE FIRST SESSION OF THE THIRTY-NINTH CONGRESS.
1. All persons born or naturalized in the United States, who are and subject to the jurisdiction thereof, are citizens of thecl1
208
APPENDIX.
Immunities of citizens.
Apportion- ment of rep- resentatives.
Basis of repre- sentation.
Conditional prohibition to hold certain offices.
United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privi- leges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for president and vice president of the United States, representatives in congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.
3. No person shall be a senator or representative in con- gress, or elector of president and vice president, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath as a member of congress, or as an officer of the United States, or as a mem- ber of any state legislature, or as an executive or judicial officer of any state, to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But congress may, by a vote of two-thirds of each house, remove such disability.
Right of suffrage.
Power of congress.
ARTICLE XV.
PROPOSED AT THE FIRST SESSION OF THE FORTY-FIRST CONGRESS.
1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servi- tude.
2. The congress shall have power to enforce this article by appropriate legislation.
Aliens, how naturalized.
NATURALIZATION OF ALIENS.
SEC. 2165. [U. S. Comp. Stat. 1901, p. 1329.] An alien may be admitted to become a citizen of the United States in the following manner, and not otherwise:
APPENDIX. 209
First. He shall declare on oath, before a circuit or district Declaration of court of the United States, or a district or supreme court of intention- the territories, or a court of record of any of the states hav- ing common law jurisdiction, and a seal and clerk, two years, at least, prior to his admission, that it is bona fide his inten- tion to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, po- tentate, 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.
Second. He shall, at the time of his application to be ad- oath to sup- mitted, declare, on oath, before some one of the courts above JSfution o? n" specified, that he will support the constitution of the United stttesnited States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, po- tentate, state, or sovereignty; and particulary, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; which proceedings shall be re- corded by the clerk of the court.
Third. It shall be made to appear to the satisfaction of the Residence in court admitting such alien, that he has resided within the United States five years at least, and within the state or ter- ritory where such court is at the time held, one year at least ; and that during that time he has behaved as a man of a good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness of the same; but the oath of the applicant shall in no case be allowed to prove his residence.
Fourth. In case the alien applying to be admitted to citi- Titles of nobii- zenship has borne any hereditary title, or been of any of the nounced. re orders of nobility in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application is made, and his renunciation shall be recorded in the court.
Fifth. Any alien who was residing within the limits and ?erj£ntsheesid~ under the jurisdiction of the United States before the twenty- united states ninth day of January, one thousand seven hundred and ninety- 1795'® 29 Jan" five, may be admitted to become a citizen, on due proof made to some one of the courts above specified, that he has resided two years, at least, within the jurisdiction of the United States, and one year, at least, immediately preceding his ap- plication, within the state or territory where such court is at the time held; and on his declaring on oath that he will sup- port the constitution of the United States, and that he abso- lutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly, by name, to the prince, potentate, state, or sovereignty whereof he was before a citizen or subject; and, also, on its appearing to the satisfaction of the court, that during such term of two years he has behaved as a man of 27
210 APPENDIX.
good moral character, attached to the constitution of the United States, and well disposed to the good order and happi- ness of the same ; and where the alien, applying for admission to citizenship, has borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, on his, moreover, making in the court an express renunciation of his title or order of nobility. All of the pro- ceedings required in this condition to be performed in the court, shall be recorded by the clerk thereof.
Persons resid- Sixth. Any alien who was residing within the limits and jnugneeti798n 18 under the jurisdiction of the United States, between the i8i2*8 June' eighteenth day of June, one thousand seven hundred and ninety-eight, and the eighteenth day of June, one thousand eight hundred and twelve, and who has continued to reside within the same, may be admitted to become a citizen of the United States without having made any previous declaration of his intention to become such; but whenever any person, without a certificate of such declaration of intention, makes application to be admitted a citizen, it must be proved to the satisfaction of the court, that the applicant was residing within the limits and under the jurisdiction of the United States before the eighteenth day of June, one thousand eight hundred and twelve, and has continued to reside within the same; and the residence of the applicant within the limits and under the jurisdiction of the United States, for at least five years immediately preceding the time of such application, must be proved by the oath of citizens of the United States, which citizens shall be named in the record as witnesses; and such continued residence within the limits and under the jur- isdiction of the United States, when satisfactorily proved, and the place where the applicant has resided for at least five years, shall be stated and set forth, together with the names of such citizens, in the record of the court admitting the ap- plicant; otherwise the same shall not entitle him to be con- Declaration sidered and deemed a citizen of the United States. [Be it t?orn?howaliza~ enacted by the senate and house of representatives of the made. United States of America in congress assembled, That the
declaration of intention to become a citizen of the United States, required by section two thousand one hundred and sixty-five of the revised statutes of the United States, may be made by an alien before the clerk of any of the courts named in said section two thousand one hundred and sixty-five; and all such declarations heretofore made before any such clerk are hereby declared as legal and valid as if made before one of the courts named in said section.]
Aliens honor- SEC. 2166. [U. S. Comp. Stat. 1901, p. 1331.] Any alien,
ed^ro^S-" of the age of twenty-one years and upward, who has enlisted,
tary service. or may enlist, in the armies of the United States, either the
regular or the volunteer forces, and has been, or may be
hereafter, honorably discharged, shall be admitted to become
a citizen of the United States, upon his petition, without any
APPENDIX. 211
previous declaration of his intention to become such; and he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such person's having been honorably discharged from the service of the United States.
Act of July 26, 1894. [28 Stat. at L. 124, Chap. 165.] Aliens honora- Any alien of the age of twenty-one years and upward, who fronfnavyrge has enlisted or may enlist in the United States navy or marine service- corps, and has served or may hereafter serve five consecutive years in the United States navy or one enlistment in the United States marine corps, and has been or may hereafter be honorably discharged, shall be admitted to become a citizen of the United States upon his petition, without any previous declaration of his intention to become such; and the court admitting such alien shall, in addition to proof of good moral character, be satisfied by competent proof of such person's service in and honorable discharge from the United States navy or marine corps.
SEC. 2167. [U. S. Comp. Stat. 1901, p. 1332.] Any alien, Minor being under the age of twenty-one years, who has resided in re the United States three years next preceding his arriving at that age, and who has continued to reside therein to the time he may make application to be admitted a citizen thereof, may, .
after he arrives at the age of twenty-one years, and after he has resided five years within the United States, including the three years of his minority, be admitted a citizen of the United States, without having made the declaration required in the first condition of section twenty-one hundred and sixty- five; but such alien shall make the declaration required therein at the time of his admission; and shall further declare, on oath, and prove to the satisfaction of the court, that, for two years next preceding, it has been his bona fide intention to become a citizen of the United States; and he shall in all other respects comply with the laws in regard to naturaliza- tion.
SEC. 2168. [U. S. Comp. Stat. 1901, p. 1332.] When any widow and alien, who has complied with the first condition specified in section twenty-one hundred and sixty-five, dies before he is actually naturalized, the widow and the children of such alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such, upon taking the oaths prescribed by law.
SEC. 2169. [U. S. Comp. Stat. 1901, p. 1333.] The pro- Aliens being visions of this title shall apply to aliens [being free white JS^SS? ai persons, and to aliens] of African nativity and to persons of nativity. African descenf.
Act of May 6, 1882,- [U. S. Comp. Stat. 1901, p. 1305.] Hereafter no state court or court of the United States shall Chinese.
212
APPENDIX.
Alien enemies not admitted.
admit Chinese to citizenship, and all laws in conflict with this act are hereby repealed.
Residence of SEC. 2170. [U. S. Comp. Stat. 1901, p. 1333.] No alien ?he united"1 shall be admitted to become a citizen who has not for the states. continued term of five years next preceding his admission
resided within the United States.
SEC. 2171. [U. S. Comp. Stat. 1901, p. 1333.] No alien who is a native citizen or subject, or a denizen of any country, state, or sovereignty with which the United States are at war, at the time of his application, shall be then admitted to become a citizen of the United States ; but persons resident within the United States, or the territories thereof, on the eighteenth day of June, in the year one^thousand eight hun- dred and twelve, who had before that day made a declaration, according to law, of their intention to become citizens of the Unified States, or who were on that day entitled to become citizens without making such declaration, may be admitted to become citizens thereof, notwithstanding they were alien enemies at the time and in the manner prescribed by the laws heretofore passed on that subject; nor shall anything herein contained be taken or construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien.
Sec. 39, Act of March 3, 1903, [32 Stat. at L. 1222, Chap. 1012.] No person who disbelieves in, or who is opposed to, all organized government, or who is a member of, or affiliated with, any organization entertaining and teaching such dis- belief in or opposition to all organized government, or who advocates or teaches the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the govern- ment of the United States, or of any other organized govern- ment, because of his or their official character, or who has violated any of the provisions of this act, shall be natural- ized or be made a citizen of the United States. All courts and tribunals and all judges and officers thereof having jur- isdiction of naturalization proceedings or duties to perform in regard thereto shall, on the final application for natural- ization, make careful inquiry into such matters, and before issuing the final order or certificate of naturalization, cause to be entered of record the affidavit of the applicant and of his witnesses so far as applicable, reciting and affirming the truth of every material fact requisite for naturalization. All final orders and certificates of naturalization hereafter made shall show on their face specifically that said affidavits were duly made and recorded, and all orders and certificates that fail to show such facts shall be null and void.
Any person who purposely procures naturalization in vio- lation of the provisions of this section shall be fined not more than five thousand dollars, or shall be imprisoned not less
Persons who disbelieve in organized gov- ernment not to be naturalized.
Penalties.
APPENDIX. 213
than one nor more than ten years, or both, and the court in which such conviction is had shall thereupon adjudge and declare the order or decree and all certificates admitting such person to citizenship null and 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 such person to apply for or to secure naturalization, or to file the preliminary papers declaring an intent to become a citizen of the United States, or who in any naturalization proceeding knowingly procures or gives false testimony as to any material fact, or who knowingly makes an affidavit false as to any material fact required to be proved in such proceeding, shall be fined not more than five thousand dol- lars, or imprisonment not less than one nor more than ten years, or both.
SEC. 2172. [U. S. Comp. Stat 1901, p. 1334.] The chil- children of dren of persons who have been duly naturalized under any law of the United States, or who, previous to the passing of any law on that subject, by the government of the United States, may have become citizens of any one of the states, under the laws thereof, being under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof; and the children of persons who now are, or have been, citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens thereof; but no person heretofore proscribed by any state, or who has been legally convicted of having joined the army of Great Britain during the revolutionary war, shall be admitted to become a citizen without the consent of the legislature of the state in which such person was proscribed.
SEC. 2173. [U. S. Comp. Stat. 1901, p. 1334.] The police P9iice court of court of the District of Columbia shall have no power to cofumbiaf naturalize foreigners.
SEC. 2174. [U. S. Comp. Stat. 1901, p. 1334.] -Every sea- Naturalization man, being a foreigner, who declares his intention of becom- of ing a citizen of the United States in any competent court, and shall have served three years on board of a merchant vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his certificate of discharge and good conduct during that time, together with the certificate of his declaration of intention to become a citizen, be admitted a citizen of the United States; and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any mer- chant vessel of the United States, anything to the contrary in any act of congress notwithstanding; but such seaman
214
APPENDIX.
Penalty for false oath, etc.
Penalty for assuming fic- titious name, etc.
shall, for all purposes of protection as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen.
SEC. 5395. [U. S. Comp. Stat. 1901, p. 3654.] In all cases where any oath or affidavit is made or taken under or by virtue of any law relating to the naturalization of aliens, or in any proceedings under such laws, any person taking or making such oath or affidavit, who knowingly swears falsely, shall be punished by imprisonment not more than five years, nor less than one year, and by a fine of not more than one thousand dollars.
SEC. 5424. [U. S. Comp. Stat. 1901, p. 3668.] Every per- son applying to be admitted a citizen, or appearing as a wit- ness for any such person, who knowingly personates any other person than himself, or falsely appears in the name of a de- ceased person, or in an assumed or fictitious name, or falsely makes, forges, or counterfeits any oath, notice, affidavit, cer- tificate, order, record, signature, or other instrument, paper, or proceeding required or authorized by any law relating to or providing for the naturalization of aliens ; or who utters, sells, disposes of, or uses as true or genuine, or for any un- lawful purpose, any false, forged, antedated, or counterfeit oath, notice, certificate, order, record, signature, instrument, paper, or proceeding above specified; or sells or disposes of to any person other than the person for whom it was origin- ally issued any certificate of citizenship, or certificate show- ing any person to be admitted a citizen, shall be punished by imprisonment at hard labor not less than one year, nor more than five years, or by a fine of not less than three hun- dred nor more than one thousand dollars, or by both such fine and imprisonment.
SEC. 5425. [U. S. Comp. Stat. 1901, p. 3669.] Every per- son who uses, or attempts to use, or aids, or assists, or par- ticipates in the use of, any certificate of citizenship, knoAving the same to be forged, or counterfeit, or antedated, or know- ing the same to have been procured by fraud or otherwise unlawfully obtained; or who, without lawful excuse, know- ingly is possessed of any false, forged, antedated, or counter- feit certificate of citizenship, purporting to have been issued under the provisions of any law of the United States relating to naturalization, knowing such certificate to be false, forged, antedated, or counterfeit, with intent unlawfully to use the same; or obtains, accepts, or receives any certificate of citi- zenship known to such person to have been procured by fraud or by the use of any false name, or by means of any false statement made with intent to procure, or to aid in procur- ing, the issue of such certificate, or known to such person to be fraudulently altered or antedated; and every person who has been or may be admitted to be a citizen who, on oath or by affidavit, knowingly denies that he has been so admitted, with intent to evade or avoid any duty or liability imposed
Penalty for use of, or aid- ing persons using false certificates.
APPENDIX. 215
or required by law, shall be imprisoned at hard labor not less than one year, nor more than five years, or be fined not less than three hundred dollars, nor more than one thousand dol- lars, or both such punishments may be imposed.
SEC. 5426. [U. S. Comp. Stat. 1901, p. 3669.] Every per- Use of uniaw- son who in any manner uses, for the purpose of registering ful certmcate- as a voter, or as evidence of a right to vote, or otherwise, unlawfully, any order, certificate of citizenship, or certifi- cate, judgment, or exemplification, showing any person to be admitted to be a citizen, whether heretofore or hereafter issued or made, knowing that such order or certificate, judg- ment, or exemplification has been unlawfully issued or made; and every person who unlawfully uses, or attempts to use, any such order or certificate, issued to or in the name of any other person, or in a fictitious name, or the name of a deceased person, shall be punished by imprisonment at hard labor not less than one year nor more than five years, or by a fine of not less than three hundred nor more than one thousand dollars, or by both such fine and imprisonment.
SEC. 5427. [U. S. Comp. Stat. 1901, p. 3670.] Every per- Aiding in com- son who knowingly and intentionally aids or abets any per- son in the commission of any felony denounced in the three preceding sections, or attempts to do any act therein made felony, or counsels, advises, or procures, or attempts to pro- cure, the commission thereof, shall be punished in the same manner and to 'the same extent as the principal party.
SEC. 5428. [U. S. Comp. Stat. 1901, p. 3670.] Every per- use of certifi- son who knowingly uses any certificate of naturalization here- tofore granted by any court, or hereafter granted, which has been or may be procured through fraud or by false evidence, or has been or may be issued by the clerk, or any other officer of the court without any appearance and hearing of the ap- plicant in court and without lawful authority; and every person who falsely represents himself to be a citizen of the United States, without having been duly admitted to citizen- ship, for any fraudulent purpose whatever, shall be punish- able by a fine of not more than one thousand dollars, or be imprisoned not more than two years, or both.
SEC. 5429. [U. S. Comp. Stat. 1901, p. 3670.] The provi- Application of sions of the five preceding sections shall apply to all proceed- Jf0rns.m ' ings had or taken, or attempted to be had or taken, before any court in which any proceeding for naturalization may be commenced or attempted to be commenced. (See §§ 2165- 2174 [U. S. Comp. Stat. 1901, pp. 1329-1334].)
INDEX TO THE
PRIMARY ELECTION LAW.
THE INDEX TO THE GENERAL ELECTION LAWS IMMEDI- ATELY FOLLOWS.
28
INDEX.
TO PRIMARY ELECTION LAW.
The references are to compiler's sections.
A.
ADOPTED : Sections
when proposition considered 576
ALPENA COUNTY:
chapter not to apply to 584
APPORTIONMENT :
of delegates by different committees 577
APRIL ELECTION:
party enrollment to be made at 564
B.
BALLOT BOXES:
care of 593
BALLOTS :
election commissioners to prepare, form of, for submitting question 574
for delegates, election commissioners to prepare 578
form, etc 578
to be prepared of different colored paper 580
printing of names of candidates on, how obtained 585
election commissioners to print names of candidates on 587
number of, to be printed 587-8
proof copies of, where filed, etc 587
form of, for primary elections 588
numbering of 588
each political party to have separate 588
order of offices on 588
manner of printing 588
alternation of names on, in printing 588
perforation of 588
color of, of different political parties 590
and supplies, by whom delivered, etc 591
how folded 592
counting of, general law to govern 593
BOARD OF CANVASSERS:
procedure of, in case of recount 595
BOARD OF ELECTION COMMISSIONERS:
to prepare ballot for submitting proposition
to prepare ballots for election of delegates 578
to tause candidate's names printed on ballot 587
number of ballots printed by 587-8
BOARD OF ELECTION INSPECTORS:
to appoint enrolling clerk • 567
provisions relative to 580-1
who to compose . 591
duty of, in conducting primaries
clerks to deliver register and enrollment book to »
to post large posters at polling places 598
BOARD OF REGISTRATION :
to review and correct enrollment book
when to meet in districts holding no election 568
BOARD OF STATE CANVASSERS:
duties of 575
BRIBERY :
penalty for 597
C.
CANDIDATES :
nomination of, by direct vote, when effective
nomination of certain, at June primary
receiving greatest number of votes, deemed nominees*
printing of names of, on ballot, how obtained
election commissioners to cause names of, printed on election ballots o9b
220 INDEX.
CANVASS OF VOTES : Sections
manner of conducting1, bv whom, etc 574-5, 594
CHAIRMAN :
duty of, in charge of party enrollment 569
CHAIRMAN OF COUNTY COMMITTEE :
to certify number of delegates at convention 579
CHALLENGE :
of voters 592
CHALLENGERS' :
political parties to appoint 592
CIRCUIT JUDGE:
act not to apply to nomination of 561
CITIES :
primary in, when held 560
CITY CLERK:
when, to give notice of submission of proposition
limit of time of receiving nomination papers 586
to prepare and exhibit list of candidates 586
to keep public record of nomination papers, etc 586
to certify list of candidates to election commissioners 586
CITY ELECTION COMMISSIONERS:
to deliver ballots and supplies 591
CLERKS :
to keep supply of printed forms 585
of cities, villages and townships to deliver register and enrollment books to
inspectors 598
COLOR OF BALLOTS : .
of different political parties 590
COMMITTEE :
party, to choose candidate in case of vacancy 596
COMPENSATION :
of enroling clerk, how paid - 567
CONDUCTED :
primary elections, how 563
COPIES :
custodian of enrollment book, to make, of 565
COUNTING OF BALLOTS:
general law to govern 593
COUNTY CLERK:
to deliver enrollment books
when, to give notice of submission of proposition
limit of time of receiving nomination papers
to prepare and exhibit list of candidates
to keep public record of nomination papers, etc
to certify list of candidates to election commissioners
to print certain section on. large posters 598
COUNTY CONVENTION :
election of delegates to
for election of delegates to state conventions, when held, etc 582
COUNTY ELECTION COMMISSIONERS:
to deliver ballots and supplies 591
CUSTODIAN :
of enrollment book, who to be, duties of
D.
DEATH OF CANDIDATE :
in case of, how vacancy supplied 596
DELEGATES' :
apportionment of, to counties
primary for election of. when held 577
chairman county committee to certify number of 579
persons receiving highest vote deemed elected 581
names of, to be certified to county clerk 581
DEPOSIT :
amount of, on petition for recount 595
when, for recount to be returned 595
DIRECT VOTE :
- nomination of candidates by, when effective 560
E. ELECTION :
how construed '. 561
ELECTION COMMISSIONERS :
to cause names of nominees printed on election ballots 596
ELECTION DAY:
how voter may be enrolled on primary 570
ELECTION INSPECTORS (see Board of Election Inspectors). ELECTION OF DELEGATES :
provisions relative to 577-583
ELECTOR :
manner of voting at primary election 592
challenge of 592
form of oath of challenged 592
INDEX. 221
ENROLLED : Sections
no person to vote at primary unless 560
ENROLLING CLERK:
who to appoint, duties and compensation 567
ENROLLMENT :
party, when and how made 564
notice of 564
duty of chairman in making party 569
of voter on primary election day 570
ENROLLMENT BOOK:
secretary of state to furnish, form of 564
who to be custodian of, duties of 565
when registration board to review and correct 566
clerks to deliver to election inspectors 598
EXCEPTIONS :
act not to apply to nomination of circuit or supreme judge 561
EXPENSES :
of primaries, how defrayed 563
F.
FORM:
of enrollment books 564
of petition 573
of ballot for election of delegates 578
clerks to keep supply of printed 585
of nomination papers 585
of ballots used at primary election 588
FORTY PER CENT:
of votes cast, necessary to nominate 575-6
G. GOVERNOR :
question of direct nomination for, when submitted 575
how resubmitted 575
I. INSPECTORS OF ELECTION (see Board of Election Inspectors).
J.
JUDGE OF SUPREME COURT:
act not to apply to nomination of 561
JUNE PRIMARY:
when held, candidates nominated at 575-b
election of delegates at 577
K. KENT COUNTY:
chapter not to apply to
L. LIEUTENANT GOVERNOR :
question of direct nomination for, when submitted 575
how resubmitted 575
LIST OF CANDIDATES :
clerks to prepare and exhibit 586
clerks to certify, to election commissioners 586
M. MISDEMEANORS :
what deemed 597
MUSKEGON COUNTY:'
chapter not to apply to
N. NAMES OF CANDIDATES :
election commissioners to cause, printed on ballots 587
to be alternated on ballots 588
NEW PARTY:
nomination papers of candidates of ooo
NOMINATION OF CANDIDATES:
by direct vote, when effective
question of, by direct vote, when may be resubmitted 560
for governor, when held 575
by convention system 5 < »
NOMINATION PAPERS:
number of signatures required on, where filed, etc
form of :
of candidates of new parties
limit of time for filing
clerks to keep public record of
222 INDEX.
NOMINEES : Sections-
when candidates receiving greatest number of votes deemed 584
NOTICE :
who to give, of primary 562
what to state . < 562
of party enrollment, when made '. . 564
of enrollment in districts, holding no elections '.'.'. 568
when, of submission of proposition to be given 574
of recount to be served on opposing candidate 595
NOVEMBER ELECTION:
nomination of candidates for, by direct vote, when effective 560
NUMBERING '.
of ballots 588
O. OATH:
of challenged voter 592
OFFICES :
order of, on bailots 588-
P. PARTY ENROLLMENT:
when and how made 564
notice of ... 564
when made, in districts holding no election 568
PETITION :
for submission 571
for submission, when and where filed 572
to embrace but one object, form of
for resubmission of question 575-
of candidates, number of signers necessary 585
where filed, etc
for recount, what to state, where filed, etc 595
amount of deposit on filing, for recount 595
PLURALITY :
when, vote to nominate 575
POLITICAL PARTY:
' number of persons belonging to, what deemed 571
each, to have separate ballot 588
POSTERS :
to be furnished by county clerk 598
to be posted by election inspectors • 598
PRIMARY :
when held for September election 56O
how construed
when held for June election 576
PRIMARY ELECTIONS :
in cities, when held 560
no person to vote at, unless enrolled 560
how construed
notice of, who to give, etc 562
how conducted 563
expenses of, how defrayed 563
who entitled to vote at 574
for governor and lieutenant governor, when held
of delegates to conventions, when held, etc
general laws to govern
manner of voting at 592
challenge of voters at 592
duty of inspectors at 592
PRIMARY ELECTION DAY:
deemed to be an "election day" for certain purposes 599
PRINTING OF NAMES:
of candidates on ballot, how obtained 585
PRINTING :
of candidate's names on ballots
manner of, ballots 58$
alternation of candidates' names in 588-
PROOF COPY:
of ballots, where filed 587
Q. QUESTION :
of primary election, when may be resubmitted
manner of submitting, petition required
how, of direct nomination for governor, may be resubmitted 575
R. RECORD :
clerks to keep public, of nomination papers 586
RECOUNT :
filing of petition for
procedure of board in case of 595
INDEX. 223
REGISTER OF ELECTORS: Sections
clerks to deliver to election inspectors .......... 598
RESUBMITTED :
nominations by direct vote in force until ............................... 560
when question may be. A ..................... 560
RESULTS :
to be publicly declared ............... KQQ
RETURNS :
manner of canvassing . . . 1^04
REVIEW :
of enrollment book, when and by whom made .............................. 566
SECRETARY OF STATE:
to furnish party enrollment books ........................................ 564
when, to give notice of submission of proposition .................... 574
to furnish pamphlet copies of act ..... *>87
SEPTEMBER PRIMARY :
when held, candidates nominated at .............. 560
SIGNERS :
not to sign but one paper for same office .................................. 585
declaration of, of nomination papers ......... 585
SOLICITING VOTES:
penalty for, within one hundred feet of polls ........ 597
STATE CENTRAL COMMITTEE:
to certify number of delegates to county commissioners ..................... 577
to designate time of holding county conventions ........................... 582
to designate time of holding state convention .................. 583
STATE CONVENTIONS:
time of holding ................................ 583
STATE OFFICERS :
convention for nomination of ....... 583
SUBMISSION OF PROPOSITION:
manner of ..................... 571
SUPPLIES :
when and by whom delivered ............................................ 591
T. TALLY SHEETS:
disposition of ......................................... 593
TIE VOTE:
in case of, tie to be determined by lot ................................. 595
TIME OF HOLDING:
September primary ...................... 560
TWENTY PER CENT:
petition to contain, of enrolled party voters ................................ 571
TWO PER CENT :
petition of, necessary to secure printing of candidate's name ................ 585
V.
VACANCY :
party committee to choose candidate in case of .......................... 596
VIOLATION :
of act, penalties for .................................................... 597
VOTE:
no person to, at primary, unless enrolled .................................. 560
who entitled to, at primary election ...................................... 574
VOTERS :
how, may be enrolled on primary day ..................................... 570
challenge of ............................................................ 592
oath of challenged ...................................................... 592
VOTES :
cast for governor, deemed number of, in political party ......................
canvass and return of .................................................. 574, 594
counting of, and declaration of result ...................................... 593
penalty for soliciting, within one hundred feet of polls ....................... 597
VOTING :
manner of, at primary elections ........................................... 592
W. WAYNE COUNTY:
chapter not to apply to ....... . ...................................... : . . . 584
WORDS :
certain, how construed .................................................. 561
INDEX TO
GENERAL ELECTION LAWS
29
INDEX.
TO GENERAL ELECTION LAWS. (References are to Compiler's Sections.)
ADJOURNMENT : Sections
noon, of the polls in townships, proclamation, etc 115 154
of polling places 149
of board of state canvassers * '. . igg
from day to day by county canvassers 212
final> of township board of canvassers subject to recall 225
of annual township meetings, proceedings, notice of, etc .'.'.' 278-280
inspectors to ascertain and publicly proclaim vote before. . 524
AFFIDAVIT :
voters unable to vote intelligently to make. . . 519
ALDERMEN :
to constitute board of registration in cities 56, 452-7
to act as inspectors of election Ill, 483
number of, elected at first election in cities of fourth class 462
when two, at large may be elected in fourth class cities, term of office . . 459
ALIENS :
naturalization of, see Appendix.
AMENDMENTS :
and revision of constitution, how made 52, 53
constitutional, secretary of state to certify to submission 123
to constitution, how voted for, etc 135
constitutional, ballots, how printed, voted, etc. 155
canvass of votes on * . ; . 164
canvass of votes by state board on constitutional 184-5
to constitution to be published with laws 186
duty of secretary of state as to publicity of proposed constitutional, etc. . 536
ANNUAL CITY ELECTION:
in fourth class cities, notices, canvass, return, etc 477-92
ANNUAL MEETING :
applied to townships, how construed 55
ANNUAL TOWNSHIP MEETING:
(see Township Meeting and April Election.)
APPEAL :
when candidate mav. to circuit court for examination, etc., of returns. . . . 225
APPOINTIVE OFFICERS :
by the governor, etc., resignations of, when made 399
APPOINTMENTS :
members of legislature not to receive civil 9
of election inspectors in township having more than two districts, by whom..
of election inspectors in village, when notice given 243
temporary, to fill vacancy in certain offices by town board 320
of person to fill vacancy in office of county treasurer, by whom 372
of person to fill vacancy in office of register of deeds, when and by whom 380
of prosecuting attorney by governor 384
to fill vacancy in office of county commissioner of schools, by whom
of county drain commissioner by supervisors, vacancy, etc 396
officers by, resignations of, how and to whom made 399
vacancies in certain state offices filled by. by whom 411
of county officers to fill vacancy, by whom 412
of certain officers in cities of fourth class, by whom and when made 4GO, 461
term of officers holding office by, in cities of fourth class 464
APPORTIONMENT :
of state representatives, ratio, etc 538
of state into thirty-two senatorial districts o39
APPROVAL OF BONDS :
of county officers, by board of supervisors 398
APRIL ELECTIONS:
(see also Township Meetings.)
county commissioner of schools to be elected at
circuit judges, election of, canvass of votes, term, etc 413-20
regents of university, elected at. canvass of votes, etc
justices of supreme court elected at, canvass, etc 425-32
228 INDEX.
APRIL ELECTIONS— Continued: Sections
election of overseers of highways at, in TJ. P 439-41
first election in fourth class cities held at 442
in fourth class cities, inspectors, proceedings, canvass, etc 477-92
first election in reincorporated fourth class cities held at 494
ARREST :
of person leaving room with ballot or pencil 135
of person offending against elections, who to cause 341
ASSISTANCE :
of voter in preparation of ballot 130
ASSESSOR :
in city, to act as inspector of election Ill
ATTORNEY GENERAL:
vacancy in office of, how filled 411
to draft forms, etc., for use at local option elections 559
AUDITOR GENERAL:
when to act as member, board of state canvassers 173
vacancy in office of, how filled 411
B.
BALLOTS :
number of. to be prepared by election commissioners 119
proof copy of, when placed on inspection 121, 202
form of, perforation of. etc 124, 296
arrangement of names on
duty of printer, as to printing, delivery, etc 126
package containing, to be sealed, certified, and receipted for upon delivery .... 128
package containing, how and when opened
how marked by voter, folding of
to whom delivered, perforated corner to be torn off, etc
by whom and where distributed, to have initials, etc 139
assistance of voter in preparation of ' 141
unused and spoiled, to be preserved, etc 143-4
canvass of, result, how declared, statement, etc 145, 147
to be placed in box, sealed, etc
limit of time in booth while preparing
constitutional amendments, to be separate, how marked, etc
and poll lists to be delivered to city clerk 156
duty of inspectors upon receipt of, of challenged voter 204-5
when may be produced in coiirt
proceedings for making recount of
after recount to be sealed up, to whom returned
to be counted and compared with poll list
in cities of fourth class, preparing of, etc
irregular, how cast, etc., on voting machine
for local option election, form of, who to furnish 547
form of, etc., for general primary election 587-99
BALLOT BOXES :
who to provide, where kept, lock and key for 116, 117
when marked ballot deposited in ' 135
to whom delivered 137, 146
how sealed, care of key, etc., returning and opening of 137, 138
opening of, and canvass of votes
separate, for votes on constitutional amendments, how marked 155
when may be produced in court 206
when may be opened by county canvassers
penalty for violation of, breaking into, etc 225, 340
used in election district, where deposited 239, 244
common council may provide, for city primaries
how constructed, kept and disposed of at town meetings 295
in cities of fourth class, by whom kept, etc
village council to provide
when provided for in precincts using voting machine 522
BALLOT CLERKS :
may be dispensed with in election districts using voting machines 533
BANKING LAW:
votes on, how canvassed and returned 165, 184-5
BAR ROOM :
elections not to be held in 149, 363
BETTING :
on elections, penalty, proviso as to fine 343-5
BOARD OF COUNTY CANVASSERS :
statements of election forwarded by registered mail to 147
duties of 157-165
duty of in case of tie vote . . . • ! . . . . 160
to make duplicate statement of district canvass 161
to whom delivered 161
canvass of votes by, on amendments 164
who to constitute, in Wayne countv 209
election, powers and duties 209-221
term of office of, oath, etc 210
when to meet, and organize
proceedings of, in making canvass
to make statement of result of count
proceedings of, in case of tie vote
penalty for violation of act 217
INDEX. 229
BOARD OF COUNTY CANVASSERS— Continued: Sections
duties of. in case of recount 218-21
duty of, as to investigation, etc., of frauds, etc., made by inspectors 225
when to designate successor of circuit court commissioner 388
canvass of votes by, for circuit judge and regents 418, 424
canvass of votes for supreme court justices 431
BOARD OF DISTRICT CANVASSERS :
statement of votes by, what to contain 158
duty of, in case of tie vote 160
who to constitute, powers and duties 166-171
when and where to meet and make canvass 168
manner of determining person elected 170-1
to certify names of persons elected 171
to publish result of canvass 171
BOARD OF EDUCATION (see State Board of Education). BOARD OF ELECTION COMMISSIONERS :
county, members of, duties, etc 119, 120
unlawful for, to cause name printed in more than one column on ballot 120
exception as to judge in 10th judicial circuit 120
duty of, to correct errors in proof copy of ballot 121
to furnish pencils, etc., for each voting precinct 127
chairman of, to certify number of ballots in package, etc 128
when may designate elector ballots may be delivered to 129
duty of, as to printing, etc., of ballots for constitutional amendments 155
township board to constitute township, duties of 201
city, who to constitute, duties of 201
village, who to constitute, duties of 201. 509
when political committees to furnish, with names of candidates 202
in fourth class cities, appointment, duties, etc 487-8
duties of, as to voting machines, names of nominees, instructions to voters, etc. 520
when, not to furnish paper ballots ' ' 532
BOARD OF ELECTION INSPECTORS (see Inspectors of Election). BOARD OF REGISTRATION :
who to constitute, for cities and townships 56
in cities, meetings of, powers and duties x. 58-62
in townships, who to constitute, etc 64
in townships, sessions of, when held, powers and duties 67
to review and correct lists 73
in new villages, duty of 77
compensation of members of : 82, 245
in Wayne county, who to make re-registration 85
when in session 85
election inspectors to constitute, in new townships 86
when to meet 87
in new townships, organization of, etc 89-91
not to meet where intoxicating liquors are sold 92
penalty for violation 93
duties of, as to registration of electors in districts 238
in fourth class cities, for first election, who to constitute, etc 444
duties, re-registration new wards, compensation, etc 452-7
meeting of, for first election in incorporated villages, notices, etc 495
village board of, who to constitute, sessions, etc 498
when, to provide for voting machine and explain operation to voters 523
BOARD OF STATE CANVASSERS:
who to constitxite, duties of, etc 41, 173
powers and duties of 173-185
secretary of state to appoint time of meeting of 177
statement of, what to show 178-9
when to canvass votes for presidential electors 182
may adjourn from day to day 188
canvass by, for circuit judges 419
for regents of university 424
for justices of supreme court 432
BOARD OF SUPERVISORS :
duties of, as to dividing county into representative districts
when special elections to be ordered by 98, 107
to elect board of county canvassers
duty as to first election in new township
may select person to fill office of county treasurer in case of vacancy, etc 372
county drain commissioner, when to appoint, vacancy, etc
approval of bonds by 398
removal and appointment of county officers by
when may authorize the use of voting machines at township election 518
duty of, relative to local option elections 541-59
BOND :
of justice of the peace, where filed
penalty for certain township officers neglecting to file ,
county treasurer to give 371
county clerk to give, amount of and by whom approved
of sheriff 377
of coroners
of register of deeds 379
of county surveyor * • •
when certain county officers to give, with whom filed
of circuit court commissioner 391
230 INDEX.
BOND — Continued: . Sections
county commissioner of schools 393
county drain commissioner to execute and file 396
approval of county officers', by supervisors 398
when probate or circuit judge may approve 398
officers in cities of fourth class to give, by whom examined, with whom filed.. 468-470
BOOTHS :
pencils, etc., to be furnished for each 127-8, 131
admittance of voters to, in the order which they apply 130
to be erected in voting room, number of and specifications for 130
elector to mark and fold ballot in 135
marking of ballot of physically incapable person to be done in 141
limit of time elector may remain in 151
for primaries in cities, who to provide, notices, etc 250
BRIBERY :
penalty for attempted, of elector 337
who deemed guilty of 346, 348
C. CANDIDATES :
not to act as inspector of election Ill
name of, nominated by two or more parties, unlawful to be printed in more
than one column on ballot 120
exceptions as to circuit judge of 10th judicial circuit 120
names of, and vignette adopted, to be sent to chairman 120
order of placement of, on ballot for November and April election
in case of death, removal or withdrawal of
unlawful to influence voter to vote for or against 142, 152
names of, when and by whom given to commissioners 202
contesting election, to file petition for recount of ballots and make deposit.... 218,226
to be notified of recount by county canvassers 219
filing petition for recount to make deposit, etc., when may appeal to circuit court
"primaries" for choosing, for office, in cities, how construed, etc 247
at city primaries, unlawful to solicit money from, influence voter, etc 258-9
at convention, unlawful for delegate to solicit money, etc 261
legitimate election expenses of
not to provide refreshment for corrupting voter, penalty . ;
election of, who commits bribery, void 352
Senalty for offering reward, etc., to support 366-8 i fourth class cities, in "case of tie vote for 490
primary election law for nomination of 560-99
CANVASS OF VOTES :
county and district, when held in U. P 51, 438
how conducted, what ballots void, etc
result of, how declared, statement, etc
on constitutional amendments 155, 164, 184-5
for state and county officers
on general banking law
who to constitute board for district
when and where district canvassers to meet for
state, when and how made 178-185
for presidential electors, when made
method of, by board of county canvassers
petition of candidate, in alleged fraud or error in
proceedings for correction of frauds, etc., in, etc., made by inspectors
: in district, how and by whom performed 239-40
at township elections 302-5
at primaries, penalty for inspectors making false 358
for circuit judge, how conducted, etc 417, 419
for regents of university 423-4
for justices of supreme court, state and county 430-2
in fourth class cities, how conducted
at village election, law governing 497, 512
number of pamphlets showing result of, at April election, by whom printed. . . .
at local option election, statements, where filed 549
CANVASSERS (see Board of County Canvassers; Board of District Canvassers; Board of State Canvassers).
CANVASSERS' STATEMENTS :
how made up, certified, where filed 159
CAUCUS :
or primaries in cities, act relative to 247-68
punishment for offenses at 356-64
CERTIFICATE :
of determination by state board of canvassers 180
candidate not receiving, of election may have returns examined, etc., in circuit
court
of statement relative to results, etc., of canvass 304, 305
of election, county clerk to make and deliver 162
of election in fourth class cities, where filed, etc 445, 489
and statement of votes, to be filed with village clerk 512
CERTIFIED COPIES :
clerk to furnish secretary of state with, of county canvass 215
CHAIRMAN :
of board of election inspectors, when supervisor to be
of board of election commissioners 119
INDEX. 231
CHAIRMAN — Continued: Sections
of board of election inspectors in each precinct, to procure ballots, etc 128
of board of county canvassers, election of, etc 211
of election inspectors in fourth class cities 484
CHALLENGE :
of person not registered 70
proceedings in case of 133, 298
duty of inspectors to, disqualified elector 134
of elector at city primaries, oath, etc 253, 254
challenged voter to wait until others have voted 255
' of voter in townships, duty of moderator 333
of voters at primaries, oath, when vote received, etc 357-8
CHALLENGED VOTER:
duty of inspectors upon receipt of ballot of 204-5
CHALLENGERS :
number of, position assigned, powers and authority of, removal of 132
duties of, in assisting voters 141, 519
CHIPPEWA COUNTY:
county commissioner of schools In, to be elected at general election 393
CIRCUIT COURT:
when candidate may appeal to, for examination, etc., of returns 225
judge of, may fill vacancy in office of county clerk or prosecuting attorney... 409
CIRCUIT COURT COMMISSIONER:
election of, term of office, etc 387-9
when counties entitled to two 387
when two, elected, county canvassers to designate successor 388
oath and bond of 390-1
vacancy in office of, how filled 392
CIRCUIT JUDGES:
term of office of, when elected 22, 29
election of, in new circuits 23
term of office, when to begin 54
. in 10th judicial circuit, exception as to form of ballot 120
when to designate successor of circuit court commissioner 388
when may approve county officers' bonds 398
when may remove county clerk 406
may fill vacancy in office of county clerk or prosecuting attorney 409
election of, canvass of votes, term, etc 413-20
CITIES :
when, is entitled to more than one representative
when legislature may organize, into separate county
board of registration in, who to constitute, etc. . . 56
registration in, previous to 1859 57-59
section relative to registration in, not to apply to certain
opening and closing of polls in, and townships
who to constitute board of election commissioners in 201
duties of 201
act relative to primaries in, of certain population 247-68
under 15.000, how may conduct primaries v
when election districts in, using voting machines may be divided 529
CITIES OF THE FOURTH CLASS:
first election in, registration, etc 442-5
registration in, duties of board, re-registration, etc 450-7
what officers in, to be elected 458
when two aldermen at large may be elected in
appointments of certain officers in, made by mayor with council's consent 460, 461
officers elected, appointed or filling vacancy in, term of office 462-465
qualifications for holding office in
officers in, when to take oath and give bond 467-470
elections in, inspectors, conducting of, canvass, returns, etc 477-92
relative to elections, ballots, etc., to be incorporated as
first election in reincorporated
CITY CLERK :
list of registration signed by board and filed with
to deliver register to election inspectors
when to deliver and certify to copy of register of electors to elector
to forward secretary of state, number of registered names
to provide ballot box, key, election seal, etc
printed instructions to voters furnished by
to have charge of ballot box
duty of, as to duplicate statements of result of election
ballots and poll lists to be delivered to
to be notified of holding of primaries
in fourth class cities, notice of, as to registration
in fourth class cities, notices of election given by 4«O
duty as to ballot boxes, certificate of election, etc 481, 489-92
duty of, as to election to be incorporated as fourth class city
CITY COMMITTEE:
notice of time for holding primaries in cities given by ^4»
CITY COUNCIL:
when, may authorize the use of voting machines at city elections 518
CITY OFFICERS:
removal of, for certain reasons, by whom 4U5
what, in cities of fourth class to be elected - 458
appointments of certain, in cities of fourth class when and by whom made.... 4bO,4bi terms of, oath and bond, appointments of, etc 463-8
232 INDEX
CIVIL PROCESS: Sections
not to be served on election day 198
CLASSIFICATION :
of justices of the peace, in case of no previous election 272
of justices of the peace in new townships 311-314
of justices of the peace in case of election to fill vacancies. . 315
CLERKS OF ELECTION :
how may register name on election day 69
tn townships and cities 113
duty as to entering names on poll list 135
to compare poll lists, etc 136
use of liquors by, on election day 150
rules, etc., governing conduct of, where voting machines are used 531
COMMISSIONER OF HIGHWAYS :
election of, term of office 46, 269, 273, 275
designation of persons to fill vacancy of, on ballot 297»
COMMITTEES :
state, county and district, to forward to county election commissioners vignette
and names of candidates 120
political, in townships, cities and villages, duties of 201
party to designate time for holding primaries in cities 249
may make rules as to registration at city primaries 262
COMMON COUNCIL:
to provide for by ordinance, division of voting precinct 114
may cause political parties to hold primaries at same time 257
of cities under 15,000 may enact ordinance as to conduct of primaries 264
authority of, as to opening and closing of saloons on election days 370
in fourth class cities, may call special election 442
to appoint election inspectors 443
duty as to board of registration 452
may divide wards into precincts 451
when may provide for election of two aldermen at large 459
duty as to elections, notices, etc 477-92
when to call election to vote on incorporation as fourth class city 493
when, may provide for division of election districts in city using voting
machines 529
COMPENSATION :
of members of boards of registration 82
of gate keepers 148
of sheriff and county canvasser for election services 196
of district canvassers, how paid 197
of board of county canvassers 209
election inspectors to receive 236
to members of board of registration in villages 245, 498
of township officers 326, 327
of board of registration in fourth class cities
in fourth class cities, of inspectors of election 483
of village election inspectors 507
CONSTABLES :
election of, term of office, number of 46, 269, 275
duty as to offenses against elections 341
to close saloons, etc., found open on election day, and report to prosecuting
attorney 354, 370
CONSTITUTIONAL AMENDMENT (see Amendments).
CONSTITUTIONAL PROVISIONS :
relative to elections 1-54
CONTESTED ELECTION :
proceedings in cases of a -. 206-8, 226-32
CONVENTION :
primaries in cities for choosing delegates, etc., to
delegation to city or county, vacancy, how filled 260
unlawful for delegate to solicit money 261
delegates to, elected by ballot, in case of tie, etc 263
of political parties, act to protect and punish offenses at 356-64
delegates to, or primary, certain acts, misdemeanor
delegates to, not to give proxies 365
vacancies in delegations to political, how filled 365
penalty for offering and soliciting money at political 366-8
CONVENTION, CONSTITUTIONAL:
when submitted to electors 53
COPIES :
county clerk to make three, of county canvass
of result of vote by and to whom transmitted 524
CORNER :
upper right hand, on front side of ballot to be perforated and numbered 124
lower left hand, of ballot to be marked by inspector with his initials
perforated, to be torn off by inspector 135
CORONERS :
term of office, when elected, to give bond
vacancy in office of, how and when may be filled temporarily 409
COUNTING OF VOTES (see Canvass of Votes).
COUNTIES :
when unorganized, considered organized for election purposes
when, entitled to two circuit court commissioners 387
apportionment of state senators and representatives among 538, 539
INDEX. 233
COUNTY CANVASS: Sections
of votes 157-165
clerk to make three copies of 214
• original copy, where filed 214
COUNTY CANVASSERS (see Board of County Canvassers).
COUNTY CANVASSER:
compensation of, by whom allowed, etc 196
COUNTY CLERK:
term of office, when elected, to give bond 44, 37^
list of electors, election inspector to file with 61
township clerk to file copy of register with 76
duties of, as to special election to fill vacancy 107
an election commissioner 119, 120
proof copy of ballot, when to be filed in office of 121
impression of vignette, etc., when filed in office of 122
printed instructions to voters, duty as to 140
tally sheet and statement of canvass forwarded to 147
poll lists to be delivered to, and filed by 156
canvasser's statement to be filed with 159
duty of, on receipt of district canvass 161
to certify persons elected 162-3
duty of, as to return of canvass on amendments 164
to be member of board of district canvassers 166
duty of, when unable to attend district canvass 169
to furnish secretary of state copy of determination of district canvassers 172
to notify persons elected 172
to file notice of vacancy in office of congressman 190
to notify members of county canvassers of election 209
to be member of board of county canvassers 209
to make three copies of county canvass 214
to file original 214
to furnish secretary of state, certified copies of county canvass 214-5
penalty for neglect of duty as county canvasser 216
duty of, as to furnishing blanks for making election returns 224
return of names, etc., of persons elected or appointed to be made to
when, to transmit to secretary of state certified list of certain officers 376
supervisor to notify, of vacancy in office of treasurer or justice of the peace.. 401
removal of, when and by whom 406
vacancy in office of, may be filled by circuit judge 409
and prosecuting attorney may appoint to fill vacancies in certain county offices 409
statement of vote for circuit judge, to whom sent, etc. . .'
certificates of determination of village election, to be -filed with 513
returns of vote of certain officers at general election by, when and to whom. . 534
election returns from senatorial districts made to 540
duty of, when presented with petition to submit question of prohibiting liquor
traffic in county 543
to forward to secretary of state transcript of resolution of prohibition 553
when to make copy of poll list, fee for 557
COUNTY COMMISSIONER OF SCHOOLS:
to be elected at April election, term of office, to file oath and bond 393
eligibility to office of '. 394
vacancy in office of, how and by whom filled 395
COUNTY COMMITTEES:
state, district and, to forward to county election commissioners, vignette and
names of candidates 120
COURTS :
jurisdiction of, for offenses against registration laws 79
groceedings of, in cases of contested election 207-8
aving charge of offenses against elections, duty as to grand jury 342
COUNTY DRAIN COMMISSIONER:
appointment of, by board of supervisors, term, oath, etc 396-7
COUNTY OFFICERS:
election, term of office, etc 44, 54
special elections of, by whom ordered 98
duty of sheriff as to general election choosing
statement of votes for, by county canvassers 157
county clerk to forward list of, to secretary of state 163
proceedings in case of tie vote for 213
oath of office, bonds of 382-3
elected at general election, when terms of office to commence
approval of bonds of, by board of supervisors 398
when judge of probate or circuit court judge may approve bonds of
-vacancy in office of certain, how filled 402. 409
removal of certain, by whom 403-5
removal and appointment of, by board of supervisors 412
election of, in upper peninsula 436-7
COUNTY SURVEYOR:
term of office, when elected, to give bond
vacancy in office of, how filled temporarily 409
COUNTY TICKET :
order of arrangement 124
COUNTY TREASURER:
term of office, when elected, to give bond
vacancy in office of, how and by whom supplied 372
to file bonds given by certain county officers
30
234 INDEX.
D.
DAMAGE : Sections
penalty for, to or obstructing use of voting machines . .
DEATH :
in case of, etc., of candidate 125
DEFAULTER:
ineligible to hold office, votes for void 10 504
DELEGATES :
to conventions, primaries in cities, for choosing 247
to city or county convention, vacancies, how filled 260
elected to city or county convention not to give proxy 260, 365
soliciting of money by, misdemeanor 261
to convention, how elected, ballots in case of tie, etc 263
penalty for soliciting money or reward 366-8
to primary or convention, certain acts a misdemeanor 359
caucuses for appointment of, to conventions, when to begin, etc.. 364
DEPOSITS :
made by candidates filing petition for recount of ballots . .218, 220, 225-6
DETERMINATION :
of state canvassers to be published 187
of result of election of circuit judge, by whom given 419
of state canvassers as to result of election of justices supreme court 432
of council in fourth class cities of result of election 489
DETROIT CITY:
section relative to registration not to apply to 60
DIRECT NOMINATIONS :
act relative to 560-99
DISTRIBUTION :
of ballots, by whom, where, etc 139
DISTRICT CANVASS:
of votes 158-172
duplicate statement of, where filed, etc 161
DISTRICT CANVASSER:
compensation of, how paid 197
DISTRICT CANVASSERS (see Board of District Canvassers).
DISTRICT INSPECTORS OF ELECTION (see also Inspectors of Election).
appointment and election of, in townships having more than two districts ....
duties of, as to canvassing votes in districts 239
DISTRICT NO. 1 :
who to constitute board of election inspectors in 235
statements, etc., relative to election in village districts to be deposited with
inspectors of » 239, 244
election inspectors in village, of whom to consist 243
DISTRICT NO. 2 :
who to constitute board of election inspectors in 235
DISTRICT, REPRESENTATIVE :
counties constituting one, returns of, where made 538
DISTRICTS, SENATORIAL :
apportionment of state into thirty -two 539
DISTURBANCES :
exciting, at election, etc., misdemeanor 369
DRAIN COMMISSIONER (see County Drain Commissioner).
DRAWING LOTS:
when canvassers may determine person elected by 160
DRUNKENNESS :
cause for removal from office 408
DUPLICATE STATEMENTS :
of result of canvass of votes, how, by, and to whom delivered, etc 147
E.
ELECTION BOARD (see Inspectors of Election).
ELECTION COMMISSIONERS (see Board of Election Commissioners).
ELECTION DAY:
registration of names on 63, 69
bringing of liquors into polling place on, penalty
civil process not to be served on
penalty for sale of liquor on 354, 355
saloons, etc.. to be closed on, arrests, penalty, etc 370
ELECTION DISTRICTS :
division of, proceedings, how governed
in cities, council to provide by ordinance
when township may be divided into
boundaries, etc., of, entered on record of township board
notice of first election or township meeting, when given
who to constitute board of election inspectors in different
registration of electors in ,
canvass of votes in, by whom statement, etc., to be made
time of meeting of electors in, to transact business and canvass votes
division of villages into 241, 242
election inspectors in village, of whom to consist
when township board may abolish division of township into
each ward in fourth class cities, when to be
using voting machines, when may be divided 529
INDEX. 235
ELECTION DISTRICTS— Continued: Sections when paper ballots not furnished by secretary of state, etc., to, using voting
machines 532
using voting machines may dispense with ballot clerks and gate keepers 533
duty of, as to recount of ballots in contest of election 229
board of, of whom to consist, how selected (>31
ELECTION EXPENSES:
legitimate 347
ELECTION INSPECTORS (see Inspectors of Election). ELECTION RETURNS:
in U, P. when made, etc 437, 438
of tlie various representative districts, where made 538
of the senatorial districts, where made 540
ELECTION :
of members of legislature, when held 11
of circuit judges in new circuits : 23
of justices of peace 28
of circuit judges, providing for, canvass of votes, etc 29, 413-20
of probate judge, when held : 30, 374
of electors for president, etc., when held 101, 191
candidate for, not to furnish entertainment, etc., to voters 152
county clerk to notify persons of 162
first election of state board of education 189
of county canvassers, when and by whom 209
when notice of first, in election districts be given 234
mannef of, of election inspectors in townships having more than two districts 235
notice of first, in village districts, when given 243
first, in incorporated villages, board of registration, etc 495
after first, when annual held 505
of delegates to convention, ballot, tie, etc 263
notice of, to township office, when transmitted by clerk 308
of candidate who commits bribery, void 352
of county treasurer 371
of county clerk 375
of sheriff 377
of coroners 378
of register of deeds 379
of county surveyor
of circuit court commissioner, term of office, etc 387
of county commissioners of schools
in Chippewa county 393
of county drain commissioner by board of supervisors 396
notice of, to -fill vacancy of county officers 412
of regents, canvass of votes, statements, etc 421-4
•Justices of supreme court, canvass, vacancy, etc 425-32
of U. S. senator, act relative to 433-5
of state and county officers in U. P 436-7
of prosecuting attorneys in TJ. *P 438
providing for, of overseers of highways in U. P 439-41
first, in cities of fourth class, what officers to be elected at 462
ELECTIONS :
for provisions of TI. S. constitution relative to, see Appendix.
who entitled to vote at 31
proceedings relative to registration, etc 56-85
illegal voting at, penalty for 71
notice of, to fill vacancy in certain offices 103
duty of sheriff as to notifications of 10<*
duties of township clerks or inspectors as to notifications of 110
election inspectors to keep order, etc.. at 134
canvass of votes, how conducted, void ballots, etc 145
gate keepers, powers and duties at 148
not to be held in saloons, changing of polling place 149
intoxicating liquors, penalty for bringing, into polling place 150
general, penalty for violating provisions of 153
general, opening and closing of polls in cities and townships 154
where unorganized counties considered organized for purposes of 194
proceedings in cases of contested 206-8, 226-32
in what manner conducted by election inspectors 236
canvass of votes at, in districts and townships 239
manner of conducting, in village districts 244
• in townships where division into districts has been abolished, how conducted. 246
act relative to holding of primaries in cities 247-68
first, in new townships
penalty for neglect of officers to perform duties, etc 336
illegal voting at, penalty for
ballot boxes, seals, etc., penalty for violation 340
betting, selling pools, bribery, etc 343-8
primary, act to protect and punish offenses at 356-64
in cities of the fourth class :
first, when held, proviso as to registration 442
election inspectors, appointment, duties, etc 443-5
electors in, wards may be divided into precincts . 450-1
annual city, when held, etc., special 477-8
notice, opening of polls, inspectors, etc 479-83
236 INDEX.
ELECTIONS— Continued: Sections
manner of conducting, result, in case of tie 484-92
laws governing, in townships, how applied to villages 497
annual, in villages, when held 505
special, how appointed, when held 506
village, manner of conducting 511
who may authorize the use of voting machines at township, city or village. . . . 518
ELECTIONS, GENERAL:
state officers election at, term of office 39, 40
member of state board of education elected at, term of office, etc 48
when held in U. P., county and district canvass. . 51
submission of constitutional convention to electors at 53
words, how construed .*. 55
when held 94
when secretary of state to give notice relative to 104, 105
notice of, choosing county officers 109
duties of township clerks or inspectors as to notices of 110
inspectors at, who to constitute, oath, etc Ill, 113
division of township into districts to be made twenty days before first
when April, considered, for election of regents
April, considered, for election of justices of supreme court
returns of vote of certain officers cast at, when, to and by whom made 534
ELECTIONS, MUNICIPAL :
manner of conducting 200-202
ELECTIONS, PRIMARY:
general law 560-99
ELECTIONS, SPECIAL:
registration board, meetings, ate., in cities and townships 60, 67
in what cases may, be held 95
when, not to be held 97
when, to be ordered by board of supervisors 98
how conducted 99
relative to vacancies, when secretary of state to notify sheriffs 106
duties of board of supervisors and county clerk as to
canvass of votes on constitutional amendments at 164
date of 164
in fourth class cities, how called and by whom, etc 478-9
to incorporate as city of fourth class 493
ELECTIONS, TOWNSHIP :
manner of conducting 200-202
ELECTIONS, VILLAGE:
duty of inspectors at first, as to registration 77
township clerk to furnish list of electors at first 77
council to determine result of •. 513
ELECTION SEAL :
who to have charge of, etc 146
ELECTIVE FRANCHISE:
guard against abuse of 36
ELECTIVE OFFICERS:
resignations of, how and to whom made 399
ELECTORS :
qualifications of
privilege of, from arrest
registration of, act relative to 56-85
challenge of vote by
actual residence of, in township, etc., condition of registration
ma demand certified copy of register of electors
pe^u ,ty for fraudulent registration by
number of, to be recorded by secretary of state
re-registration of, in Wayne county 85
proceedings when, are challenged, oaths, etc 133-4
manner of voting by, strai'ght and split tickets, folding of ballot, etc 135
voting by, incapable of marking ballot
proceedings, if, vote for more than one person 143
spoiled ballot 143
limit of time, may remain in booth
candidate not to furnish entertainment, etc., to
penalty for obstructing, etc 153
duty of inspectors when, are challenged 204-5
to vote in districts in which they reside
registration of, in districts "
district register of, where deposited
time of district meeting of, to transact business and canvass votes
registration of, in villages 245
bribery of, penalty for attempt
not qualified to vote, penalty for illegal voting
penalty for offering position, etc., to, for vote 346-48
penalty for threatening to discharge, to influence vote
at primaries, challenge of vote, when received, etc
qualifications of, to vote at primary election
in fourth class cities, registration for first election, etc
who deemed to be, residence, etc 450
registration of, in cities of fourth class, board, notices, etc 452- <
ELIGIBILITY :
of gate keepers
to vote at city primaries
INDEX. 237
ELIGIBILITY— Continued:
to office in townships ................... . .........................
to office of county drain commissioner. . 007
EMBEZZLER :
not eligible to any office ..... in
EMPLOYE? ............
state, not deemed to have lost residence ................... 35
threatening to discharge, to influence vote, penalty .................... '.'.'.'.'. 351
"
promise of. for vote, bribery ................ OAC
ENTERTAINMENT :
candidate for election not to furnish, etc.. 1^0
ERASING OF NAMES:
on ballots ............................... 1 or
ERRORS :
in proof ballot, by whom corrected ........................................ 121
proceedings for correction of, etc., in canvass, etc., made by inspectors..'
EXPENSES :
of board of registration in cities, how paid, etc ....................... * 57
election, legitimate ................................................ ...... 347
etc., for refreshments to corrupt voter, unlawful for candidate to pay ....... '. 349
F. FEES:
of clerk for making copy of register of electors.. 74
FELONY :
violation of general election law a .............. 153
FEMALE :
when, may hold office of school inspector ......................... 334
FENCE :
or railing to be erected in voting room, who to provide and erect.. 130
FINE :
for betting on elections ...................................... ........... 343
for damaging or obstructing use of voting machines .................... 525
FIRST TOWNSHIP MEETING:
in new township, inspectors, etc ............................. 335
FOLDING OF BALLOT:
manner of ............................................ . 135, 296
FOREIGN LANGUAGE:
when instructions to voters printed in .................................... 140
FOURTH CLASS CITIES (see Cities of The Fourth Class). FRAUD :
petition of candidate for correction of, in canvass .......................... 218
proceedings for correction of, etc., in canvass, etc., made by inspectors ...... 225
G.
GATES, ENTRANCE AND EXIT:
to be erected in fence, etc., in voting room, keepers of, how appointed, duties,
etc ........................................................... 130
GATE KEEPERS :
in voting room, how appointed, duties, oath, etc .......................... 130
of elections, powers, duties, eligibility, etc., of ............................ 148
may be dispensed with in election districts using voting machines ............ 533
GOVERNOR :
eligibility to office of ................................................... 15
in case of tie vote for, legislature to choose ................................ 10
to fill vacancy in office of regent of the university .......................... 47
to certify names of presidential electors to secretary of state of U. S ......... 193
county clerk to send copy of county canvass to ........................... 214
to fill vacancy in office of circuit court commissioner ....................... 392
resignation of, to whom tendered ........................................ 399
to fill vacancy caused by resignation of appointive officer ................... 399
may remove officers for certain reasons ................................... 405
when, may remove certain officers collecting public moneys .................. 407
power of, to fill vacancy in certain state offices ............................ 411
vacancy in office of justice of supreme court, filled by ...................... 428
to certify election of U. S. senator to president of U. S. senate .............. 435
relative to nomination of, by primary election ............................ 560-99
I.
IDENTIFICATION :
of ballot of unqualified elector ..................................... 204-5
ILLEGAL VOTING:
penalty for ............................................................ 71, 338
INFLUENCING OF VOTER:
unlawful, at polling place ................................................. 142
at city primaries ....................................................... ur.<>
penalty for attempted .................................................. 337
INITIALS :
inspector to mark, on lower left hand corner of ballot ...................... 131
ballot to be folded so as to show, of inspector ............................. 13.r>
ballots not having, declared void ......................................... 145
INSPECTION :
of proof ballot by election commissioners, errors corrected .................. 121
when proof copy of ballots . open for .......................................
proviso as to, of ballot in contested elections .............................. 206
238 INDEX.
INSPECTORS OP ELECTIONS: Sections
in cities, duty as to filing list of electors with county clerk 61
when city clerk to deliver register to 63
how may register names on election day 69
when township clerk to deliver register of electors to 69
duty of, on challenge of vote 70, 133-4, 204
penalty for, receiving unlawful vote
at first village election, duty of
in new townships to constitute board of registration 86
duty of, as to notification of election 110
candidate for office not to act as Ill
when chosen viva voce
who to constitute, oath, etc 111-1] 3
to cause proclamation to be made on opening and closing of polls 115, 294
noon adjournment in townships, duty of, as to
when to designate one of own number chairman
when fully organized, may open package containing ballots
to give receipt on delivery of ballots, etc %
duty of chairman of, to procure ballots, etc 128
when none of board of, appear at county clerk's office, ballots may be dis- patched by special messenger
at opening of polls, to appoint gate keepers 130
delivering ballots to have at all times in hand twenty-five signed ballots
one, designated to mark initials in ink on ballot
package containing official ballots to be opened in presence of
number of ballots delivered to, at opening of the polls
to protect challenger in discharge of duty
one of, to deliver ballot to voter
initials of, to show when ballot is folded
duty of, on receiving marked ballot, tear off corner, etc
key, seal, etc., to be delivered to members of
returning and opening of ballot box 138
distribution of ballots by
duties of, and challengers as to assisting certain voters 141, 519
unlawful to influence voter
duty as to unused and spoiled ballots
board of, duty, etc., as to canvass of votes
chairman of, to have charge of keys of ballot box
canvass of votes, duty, as to statement, etc
not to hold election ,in saloons, etc., changing of polls
penalty for use of liquors, or intoxication of, at polls
regulations as to time voter may remain in booth
duty of, as to canvassing, etc., of votes on constitutional amendments
to place number before name of each voter
appointment and election of, in townships having more than two districts....
who to constitute board of, in different election districts '.
duties, powers ' and compensation of
duties of. as to canvassing votes in districts
duties of, as to consolidation of reports from district meetings
in villages, who to be, compensation, etc 243, 507
duties of, as to conducting elections in village districts
at primaries in cities, who to compose, vacancy, etc
duty as to challenged voters
duty as to registering voter
duty as to election of delegates to convention in case of tie
when majority of, may adjourn township meeting, proclamation and notice, etc. 278, 279
at annual township meetings, same as at general elections
in absence of town clerk, to appoint clerk of meeting, oath, etc :
authority to preserve order, etc
to make certified statement of canvass 304, 305
to determine choice by lot when candidates receive equal number of votes. . . .
of first township meeting, duty, etc 335
duty as to offenses against elections
at primaries, certain acts of, a misdemeanor 358
duty of, as to election, canvass, etc., of circuit judges
regents of university, duty as to election of
duty as to election of supreme court justices, canvass, etc
in cities of the fourth class, who to appoint, meeting for registration
to constitute board of registration
duties at first election
notices of special election delivered to
proclamation of opening and closing of polls *
who to constitute, etc 483
chairman and clerk, etc 484-5
in villages, first election, how appointed, etc
to give notice of first election in 496
to cause proclamation made at polls at election in
duty of, at elections in, canvass of votes, etc
duties of, as to instructions to voters and time voters may remain in booth.
to ascertain and publicly proclaim vote before adjourning
rules etc., governing conduct of, etc., where voting machines are used
statements relative to proposed amendments, etc., posted by, in polling places.
copy of order, for local option election, to be sent to 546
INSPECTORS OF PRIMARIES :
in cities, election ^ of, vacancy, etc 252
INDEX. 239
INSTRUCTION BALLOT: Sections
printed on red etc., papers, who may procure for circulation 126
INSTRUCTIONS :
to voters, form of ballot 124
printed, who to furnish, where hung, etc 140
in foreign language 140
for voters information, when, by whom and to whom delivered 520
for voters as to voting machines to be placed in booths, when and by whom. 521,531
INTERPRETER :
board of registration may employ 58, 67
JUDGE :
duty of, in case of contested elections 208
JUDGE OF PROBATE :
when elected 30
an Election commissioner, chairman 119
statement of election sent by mail in care of 147
when member of board of district canvassers 166
petition by candidate intending to contest election made to 226
duty of, relative to contest of election 228
term of office, when elected 374
may appoint person to fill office of register of deeds in case of vacancy, etc 380
when may approve county officers' bonds 398
JUDICIAL CIRCUITS :
circuit judges, election of, canvass of votes, etc 413-20
JUSTICES OF SUPREME COURT:
number of and term of office 21
when elected, vacancy, term, canvass of votes, etc 425-32
JUSTICES OF THE PEACE :
election of, term of office, vacancy, classification, etc 28, 269, 272
may be appointed to fill vacancy in registration board 57
when to constitute member of board of registration 64
to act as inspectors of election Ill
bond and oath of 272
designation of persons to fill vacancy of, on ballot 297
when, to enter upon their duties 309
when office of, deemed vacated 310
classification of, in new townships, manner of deciding 311, 312
in case of election to fill vacancies, manner of deciding 315
resignation of, how made, where filed , 318
town clerk to give notice to county clerk, of election of, term of office, etc. . . 324
duty as to offenses against elections 341
supervisor to notify county clerk of vacancy in office of 401
removal of, for certain reasons, by whom 405
two. to be elected at first election in cities of fourth class 462
when, ift cities of fourth class to enter upon duties 465
in cities of fourth class, when and how to take oath of office and file bond... 467,468
K. KEY:
to ballot box, who to provide, etc 116, 117
of ballot box, to whom delivered 137-8, 146
L.
LEGISLATURE :
when may rearrange senate districts and apportion representatives
election of members of, when held
in case of tie or contested vote, duty of
term of office of members of, when to begin
list of members of. to be forwarded to secretary of state
penalty for attempt to corrupt vote of member of, for U. S. senator
resignations from, how and to whom made
T". S. senator, when and how elected by 433-5
apportionment of representatives in 538
apportionment of senators in 539
LIEUTENANT GOVERNOR :
in case of tie vote for, legislature to choose
resignation of. to whom tendered ^ 399
relative to nomination of. by primary election 560-99
LIQUORS :
boards of registration not to meet where, are sold
penalty for violation
not to be taken into, or used in polling place, penalty, etc •JTC
penalty for sale of, on election day, or after polls close . do4-5
places where, sold, etc., to be closed on election days
prohibition of sale of, in counties 541-5o9
T m T s '
of names for registration, duties of registration board 5^'co
of registration in cities, board to sign and file
of presidential electors, when and to whom certified
of persons voting at town meeting, to be kept by clerk
240 INDEX.
LOCAL OPTION: Sections
law governing, elections 541-559
LOCKS :
care of key. etc 137, 138
on ballot boxes, penalty for breaking, etc *. 340
LOT:
drawing by, to determine election of county officers, etc 213
in case of tie, village council to determine by 514
If.
MANNER OF VOTING:
marking and folding of ballots 135
MARKING OP BALLOTS :
sections relative to 135
MEETINGS :
of board of registration in cities and townships 60, 67
time and place of, of board of district canvassers 168
of board of county canvassers 211
for registration of electors, how often held 238
district, of electors to transact business and canvass votes, time of 240
MESSENGER :
when special, may be dispatched with ballots to voting precinct . ... 129
to file receipt and affidavit after delivery of ballots 129
secretary of state may send special, for statement of votes 176
MILITARY DUTY:
elector exempt from, on day of election 34
MISDEMEANOR :
violation of registration laws deemed a 80
bringing liquors, etc.. in polling place a 150
attempt to identify ballot of elector deemed a 205
when clerk of county canvassers guilty of 216
to solicit money, or influence voter at city primaries 258-9
for delegate to convention to solicit candidate 261
who deemed guilty of, as to offenses against primaries 356
when candidate or delegate guilty of a 366-8
disturbance at election, etc., a 369
persons damaging or obstructing use of voting machines deemed guilty of. ... 525
MODERATOR :
at township meeting, powers and duties . , 328-32
duty of, when voter challenged 333
MONEY :
offering or soliciting at city primaries a misdemeanor 258-9
soliciting of. by delegate to convention, unlawful 261
penalty for betting, $100 more or less upon election 344-5
refraining to vote for, or receiving, penalty. . 346-48
delegate at primary accepting, guilty of misdemeanor 359
penalty for soliciting or offering, at political conventions r. . 366-8
when certain officers collecting public, may be removed by governor 407
penalty for not turning over, books, etc., by officers resigning, etc., in cities
of fourth class 476
MUNICIPAL ELECTIONS :
manner of conducting 200-202
N.
NAMES :
registering of, on election day 63, 69
registration of, of electors in cities and townships 60, 67
not entitled to registration in townships. . , 68
of electors dead or removed, how marked on register 73
order of placement of, on ballot for November and April elections 124
of candidates, when and by whom furnished commissioners 202
of electors transcribed from township to district register 238
and addresses of persons elected or appointed, returned to county clerk
of nominees to be placed, etc., in connection with voting machines, by whom.. 520
NATURALIZATION :
of aliens (see Appendix).
NEW TOWNSHIP:
first election in, place of meeting, etc 335
NEWSPAPERS :
notice of meeting of board of registration to be published in 61
determination of district canvassers to be published 171
secretary of state to publish certificate of election in 187
county canvassers to publish result of in
statements relative to proposed amendments, etc., when published in 536
NOMINATION :
political, act to prevent betting upon result of, penalty, etc 344, 345
of candidates for local offices, caucuses, when to begin, etc 364
NOMINATION OF PARTY CANDIDATES:
act relative to direct 560-99
NOMINEE :
of two parties, to give notice specifying choice, how given
for ward office, how elected, etc., at primaries 263
names of, to be arranged, etc., in connection with voting machines, by whom.. 520
INDEX. 241
NOON ADJOURNMENT: Sections
of the polls, in townships 115
in townships, certain section not to apply to . 154
NOTICE :
board of registration to give 57
boards of registration in cities to give, of meeting, etc 60
what to contain, how given, etc 61
of registration in villages 77
of meeting of board of registration in new townships 91
of election to fill vacancy in certain offices, when and by whom given 103
when secretary of state to give, relative to general election 104, 105
from sheriff relative to elections, what to contain 108
of holding election, when given, what to contain 109-10
by nominee of two parties, to specify choice, how given 120
of changing of polling place, how and by whom given 149
of vacancy in office of congressman, to whom given, etc 190
to candidates of recount 219
candidate filing petition for recount of ballots to give opposing candidate 225
of division of townships into election districts, what to contain, when posted. 233
of changing election districts, what to contain, when posted 234
when, of first election in election district be given 234
of meeting for registration of electors 238
of division of village into districts, when posted, etc., what to contain 241
of first election and first appointment in village districts, when given 243
of time for holding primaries in cities, by whom given 249
of special township meeting, when town clerk to give 288
as to classification of justices in new townships, when and by whom served,
what to state 311
of first township meeting, how given, etc 335
of holding caucuses, how given, etc 364
of vacancies in certain state and county offices, when given 402, 412
of election for circuit judge 416
of first election and registration in fourth class cities, when and by whom given 443
of registration in new wards in fourth class cities 454
of special election in fourth class cities, by whom given, contents, etc 479
of registration for first election in incorporated village 495
of first election in village, how given 496
of meeting of village board of registration, when given 498
of village election, annual or special, by who and when given 508
NOTIFICATION OF ELECTIONS:
when secretary of state to give, relative to filling vacancy in certain offices... 103
of state officers, etc., when and by whom given 104, 105
relative to vacancies, when and by whom given, what to state 106
to fill vacancies, what to specify 107
county clerk to give 172
secretary of state to make and deliver to persons 181-183
NUMBER :
on ballot, on upper right hand corner
of ballot voted to correspond to same on poll list
inspectors to place, before name of each voter 203
O.
OATH:
constitutional, form of 50
registration board may require applicant to take
of elector registering on election day, by whom given, etc
of members of board of registration 83
of inspectors and clerks of election 113, 195, 236
of gate keepers at election 130
tendered to challenged voter 133, 253-4
of justice of the peace, when taken 272
taken by township officers, with whom filed, by whom certified, etc 307
of office by certain county officers, when subscribed, with whom filed
of office of circuit court commissioner
county commissioner of schools to file, with county clerk
OFFENSES :
against registration laws, jurisdiction of courts in <9
against election laws, penalties, etc 336-42
OFFICE :
embezzlers, etc., not eligible to any
when notice of election to fill vacancy in certain, be given
name of, order of placement on ballot for November and April election
candidate for public, not to provide refreshment, etc
drunkenness may cause removal from
OFFICERS :
to be elected at general election
county, special elections of, by whom ordered
term of office of elective
primaries in cities for choosing 247
elected at town meetings, at one o'clock, viva voce vote, etc
at elections, penalty for neglect to perform duties, etc
penalty for betting on result of election of
when certain county, to give bonds, with whom deposited
31
242 INDEX.
OMISSION : Sections
of name from ballot, posters to be furnished .............................. 125
OPENING :
of ballot box when seal broken, etc ...................................... 137-8
and closing of polls in cities and townships ................................ 154
and closing of polls in cities of fourth class ................................ 482
ORDER :
for special township meeting, what to specify, where filed ................... 287-8
authority to preserve, at elections ........................................ 299
for local option election, what to recite .................................... 546
OVERSEER OF HIGHWAYS:
* election of, term of office, number of ...................................... 46
how chosen, who qualified to vote for, term of office ......................... 271, 275
when, elected, at township meeting to file notice of acceptance ................ 308
penalty for refusing to serve as. when exempted from penaltv ................ 316
providing for election of, by ballot in U. P ................................. 439-41
P. PACKAGE :
containing ballots, how wrapped, tied, sealed and delivered, etc ...............
containing official ballots, when and how opened ........................... 128, 131
PAMPHLETS :
number of, showing result of votes at April election, by whom printed and
mailed ......................................................... 535
PARTY ENROLLMENT:
chapter in primary law relative to .......................... ............. 564-70
PARTY ORGANIZATION:
committee of, may direct holding of primaries in cities by voting precincts .... PARTY PRIMARY:
ward or precinct failing to hold, at designated time not to be represented at election, etc ..................................................
clerk to be notified of time of holding ..................................... 256
PARTY REGISTRATION:
in wards, at primaries in cities .......................................... 202
PARTY TICKET:
place of, on ballot, how governed ........ . ................................
how marked, folded, straight ticket, etc ................................... 135
PASTERS:
furnished when name omitted from ballot ...... * .......................... 125
PATH MASTER (see Overseer of Highways). PENALTY :
for making false statement for registration ................................ ^ 58-£
for fraudulent registration ............................................ 66-9, 78
for illegal voting ...................................................... 71, 3c
for false entry on register of electors ......................................
for mutilating register, or forging name ..................................
registration boards not to meet where liquors are sold, for violation ..........
of challenged elector swearing falsely .....................................
for bringing liquors into or using, in polling place ..........................
for violation of provisions of general election law ..........................
for exposing or identifying ballot of elector ....... . .........................
for violation of act by board of county canvassers .......................... 216-17
for violation of city primary act ......................................... 267-8
for certain township officers neglecting to qualify or refusing to serve ........
for disorderly conduct at township meetings ............................... 328-32
for wilful neglect of duty under election laws ..............................
for attejnpt to bribe elector ..............................................
for aiding, procuring, etc., unqualified voter ............................. , . . .
for violation of ballot box ...............................................
for betting, etc., on elections .............................................
for offering position, or corrupting voters, etc .............................. 34 6-oO
for sale, etc., of liquors on election day .................................... oo4, 370
for violation of act for protection of primaries .............................
for violation of act, relative to political delegations ........................ 36£
for causing disturbance at election, etc ....................................
for damaging or obstructing use of voting machines ..... . ...................
to be furnished each voting precinct ..................................... 127-8, 131
PERFORATED CORNER :
of ballot, where numbered, etc ............................................
when torn off, initials not to be placed on ................................ 131, 13o
PETITION :
in case of contested election, what to state, etc ............................
of aggrieved candidate, when and where filed ..............................
what to set forth .................................................. £g
for corrections of canvass, etc., when and to whom made, etc., what contain. . J2o, £'2i
to incorporate as city of fourth class ......................................
to submit question, of prohibiting liquor traffic, to electors. . . . . . ............
duty of county clerks, when presented with ............................
POLITICAL COMMITTEES:
in townships, cities and villages, duties of .................................
not required to furnish vignette ..........................................
when to furnish names of candidates .....................................
time of holding primaries in cities determined by ...........................
POLITICAL CONVENTIONS (see Conventions).
INDEX. 243
POLITICAL PARTIES: Sections
state committee of, to prepare and adopt vignette, specifications for 121
place of candidates of, on ticket 124
primaries in cities for choosing candidates of, how construed 247
where and when held 248
not to hold primaries in cities on same day 256
act to protect primary elections of, and punish offenses 356-64
POLL BOOK:
notations to be made in, as to assisting certain voters, what to state 519
POLL LISTS:
right of challenger to inspect
clerks to compare
to be placed and locked in ballot box 137
to be compared before canvass is made
where delivered and filed
inspectors to number name of each voter on 203
when may be produced in court
for each district, where deposited
etc., used at election in village districts, when and where deposited
ballots to be counted and compared with 303
notations made in. as to assisting certain voters, what to state 519
at local option election, duty of inspectors relative to 549
cony of, made by town, citv and county clerks, compensation for 557
POLLING PLACE : '
instructions to voters hung in
unlawful to have, in saloon or bar room, changing of
time of meeting of electors at, of district to transact business, etc
at primary elections, how may be arranged
statements relative to proposed amendments, etc., to be posted in, by whom . . 536
POLLS :
opening and closing of, proclamation, etc 115, 294
noon adjournment, in townships
examination of ballot box before opening of
canvass of votes immediately after closing of
opening and closing of, in townships and cities 154
unlawful to sell liquor on election day after, close
in cities of fourth class, opening and closing, proclamation, etc
opening and closing of, at village elections 496, 510
instructions for voters as to voting machines to be placed in booth before
opening of 523
POSTED :
notices of meeting of registration board in cities to be 6 0, 61
notice of changing of polling place to be
notices relative to division of townships into districts to be
notices relative to division of village into districts, when and where 241
notice of township meeting in new township 33o
POUND MASTERS :
how and when elected, number of, term of office -'!• £•?
when, elected at township meeting to file notice of acceptance
penalty for refusing to serve as, when exempted from, penalty
PRECINCTS :
voting, when may be divided, proceedings, how governed
in cities, councij to provide by ordinance
chairman in each voting, to procure ballots, etc.. from county clerk
inspectors of, number "one," duties of as to consolidation of reports from
districts 240
when village may be divided into
ballot box. when provided for in, using voting machine
PRESIDENTIAL ELECTORS :
election of, when held 101, 191
statement of votes for, by county canvassers
when state board to canvass votes for l°~
number of, state entitled to |j"
vacancy in office of, how filled ****
when and where to convene
list of, to be certified by governor to secretary of state of the U. S so-f o
how arranged on voting machine, etc 527-»
PRIMARIES :
in cities of over 15,000 and under 150,000, act relative to 247-68
word, how construed, etc 247, 360
where held, etc
time of holding, by whom determined, notices, etc
booths, who to provide
time of holding
who to preside at, inspectors, who may vote at, etc 2o2-4
no two parties to hold, on same day, duty of chairman
council may cause political parties to hold, at certain time .JsPI
misdemeanor to solicit money, influence voter, hire carriage, etc 2o8
proxies not to be given by delegates, how elected 260, 263
262 264 265-8 356 357 358
registration of voters
how cities of less than 15,000 may conduct
acts to remain in force, penalties for violation of acts.
ballots at, destroying, etc., of, misdemeanor oath of inspectors, challenge of voters, etc. . certain acts of inspectors at, a misdemeanor.
32
244 INDEX.
PRIMARIES— Continued: Sections
delegates, certain acts a misdemeanor 359
who may vote at any , 361
not to be held in saloons, etc., polling places / 363
when to begin, notice, etc., manner of voting, etc 364
PRIMARY ELECTIONS :
act to protect and punish offenses committed at 356-64
PRIMARY ELECTION LAW:
for nomination of candidates, etc 560-99
PRINTED INSTRUCTIONS :
to voters, who to furnish, languages, etc 140
PRINTER :
unlawful for, to print ballot in other form, etc., than prescribed 126
PROBATE JUDGE (see Judge of Probate). PROCLAMATION :
to be made on opening and closing of polls 115, 294, 510
of changing of polling place to be given
to be made on change or adjournment of township meeting
of opening and closing of polls in fourth class cities
PROHIBITION :
of sale, etc., of liquors in counties 541-559
PROOF COPY:
of ballot when placed on inspection
PROSECUTING ATTORNEY:
election of, term of office
arrests for offenses against elections reported to
commission of. appointed by governor to be transmitted to county clerk
vacancy in office of, may be filled by circuit judge
and county clerk may appoint to fill vacancies in certain county offices
election of in upper peninsula, when held, etc
PROXY r
delegates to political conventions, not to give.... 260,365
PUBLICATION :
of certificate of election by secretary of state
of notices relative to division of village into districts, when and where
of statement relative to proposed amendments, etc., how and by whom made..
QUALIFICATIONS :
of electors
of electors for registration in new townships
issue formed to determine, of elector
of voters and officers in townships
penalty for swearing falsely as to, at primaries
to vote at primary election
of circuit court commissioner
necessary for holding office of county commissioner of schools
of electors at first election in incorporated village
for office
of electors at local option election, registration, etc
QUESTIONS :
ballot on, not provided for by voting machine
duty of secretary of state as to publicity of proposed •
QUORUM :
of board of election commissioners
when township board reduced below, or disorganized, etc
R. RAILING :
or fence to be erected in voting room, who to provide and erect
ballots not to be given on outside of
at elections, duty of gate keepers as to admitting voters
RECEIPT :
inspector of election to give, on delivery of ballots, etc
person receiving ballots from special messenger to give, where filed
for unused and spoiled ballots to be given
RECORD :
of votes to be made by secretary of state
boundaries, etc., of election districts to be entered on, of township board
relative to division of village into districts, what to contain, where filed
abolishing division of townships into districts, action entered upon
made of statement, etc., relative to results, etc., of canvass 305
RECOUNT :
proceedings by county canvassers in case of ; 218-21
proceedings for making, of ballots 225, 229
petition for, of ballots by candidate contesting election
REGENTS OF THE UNIVERSITY:
number of, when elected, term of office, vacancies, etc
election, canvass of votes, term, etc 421-'
REGISTER OF ELECTORS:
who to provide, how arranged, etc ob, »4
in cities, board to sign and file with city clerk
when clerk to deliver, to election inspectors
names not to be entered in '.
INDEX. I 245
REGISTER OF ELECTORS— Continued: Sections
when township clerk to deliver, to election inspectors 69
deceased and removed electors, names, how marked on 73
elector may demand certified copy of 74
penalty for mutilating or forging name upon 75
copies of, to be filed with county clerk and township treasurer 76
how made up, at first elections in villages 77
district, where deposited 23V)
etc., used at election in village districts, when and where deposited 244
first, in fourth class cities, by whom made, etc 444-5
REGISTERED MAIL:
copy of statement of election forwarded by 147
REGISTER OF DEEDS:
election of, term of office 44
when offices of, and clerk may be united or disconnected 44
term of office, when elected, to give bond 379
vacancy in office of, how and by whom supplied 380
vacancy in office of. how and when may be filled temporarily 409
REGISTRATION (see also Board of Registration).
act relative to, of electors and to preserve the purity of elections 56-85
in cities, how made, who not entitled to, etc 58-9
of names on election day 63, 69
in township in 1859 65, 60
in townships, who not entitled to, penalty for fraudulent, etc
residence of elector a condition of 72
in new villages 77
penalty for fraudulent 78
jurisdiction of courts for offenses against, laws 79
in Wayne county 85
act to provide for, in new townships 86-91
of electors in districts 238
of electors in villages, how conducted 245
in city primaries, of voter, where deposited, etc 201'
in villages, in conformity with townships, etc 499
for local option election, how conducted 548
REGISTRATION BOARD (see Board of Registration).
REMOVAL :
of challenger 132
of certain state and county officers, by whom 403-8, 412
REPRESENTATIVE DISTRICTS :
cities or townships not to be divided in formation of
duties of board of supervisors as to dividing county into
when legislature may rearrange 4
statement of votes in, what to set forth 158
REPRESENTATIVE IN CONGRESS:
statement of votes for, by county canvassers 157
when elected 190
resignation of. notice where filed 190
REPRESENTATIVES, STATE :
qualifications of 5
election of, when held
statement of votes for, by county canvassers 157
proceedings in case of tie vote for
resignation of, how and to whom made
apportionment of 538
RE-REGISTRATION : jj
in Wayne county, when made, etc 85
in cities of the fourth class 457
RESIDENCE :
not gained or lost by reason of employment in state or U. S. service 35
of elector a condition of registration 72
of electors in cities of fourth class 450
RESIGNATIONS :
of township officers, how made, where filed 318
of justice of the peace 318
how and to whom made, vacancy how filled 399, 400
RETURNS :
blanks for making election, when, by and to whom furnished 223,224
proceedings for correction of frauds, etc., in made by inspectors 225
of names, of persons elected or qualified, to county clerk 323
as to election for justice supreme court 431-2
of elections in U. P. when made, etc 437
county clerk to make, of vote of certain officers at general election, when and
to whom 534
S.
SAILORS AND MARINES :
may acquire residence at Soldiers' Home, where located
when deemed non-resident 37
SALOON :
registration boards not to meet in, or adjacent to 92
elections not to be held in, change of polling place 149
to be closed on election day, penalty
primary election not to be held in 363
to be closed on certain days and hours 370
246 INDEX.
SCHOOL INSPECTOR: Sections
election of, term of office, vacancy, etc 46, 269, 274
designation of persons to fill vacancy of, on ballot
when female may hold office of 334
SEAL:
election, who to furnish, what to contain, devise, etc 116
election commissioners to provide themselves with 128
on package of official ballots, to be kept intact 131
election, who to keep, etc 137, 146
on ballot boxes, penalty for breaking, etc 340
SECRETARY OF STATE :
to keep record of registered electors 81
when, to give notice of election to fill vacancy 103
when, to give notice relative to election of state officers, etc 104, 105
when, to notify sheriffs relative to special elections to fill vacancies
impression of vignette, etc., when filed in office of 122
to certify to submission of constitutional amendment 123
to furnish printed instructions 140
to be furnished with list of officers elected
to be furnished copy, determination of district canvassers 172
to record statement of votes 174-5
to appoint meeting of state board of canvassers .• 177
to make record of state canvass 181
to notify persons elected ' 181-183
to cause amendments to constitution published with laws
shall publish determination of state canvassers
to be notified of resignation or death of congressman 190
county clerk to send copy of county canvass to
to furnish blanks for making election returns, when and to whom. . 223
when county clerk to transmit to, certified list of certain officers 376
statement to be made to, when vacancies in office occur 400
vacancy in office of, how filled 411
one of state canvassers, certificate filed with, etc
duty as to election of U. S. senator 435
duties of, as to supplies, etc., used in connection writh voting machines 531
returns of vote of certain officers at general election made to, when and by
whom 534
number of pamphlets printed by, showing result of votes at April election 535
duties of, as to publicity of proposed constitutional amendments, etc 536
to prepare blank statements, poll books, for local option election.... 558
SENATORIAL DISTRICTS:
when county may be divided into
when legislature may rearrange
statement of votes in, what to set forth 158
SENATORS, STATE:
qualifications of • 5
election of, when held
proceedings in case of tie vote for
resignation of, how and to whom made
apportionment of 539
SERVICE OF PROCESS:
not to be made on election day
SHERIFF :
election of, term of office, security, etc 44-o, 3i <
duty of, as to notification of election 108-9
when member of board of district canvassers
compensation of, for election services
duty as to offenses against elections
vacancy in office of, how and when may be filled temporarily
to notify clerks of election of circuit judge
SLIPS :
pasted on ballots, how counted, etc
when, used in case of tie of delegates, etc., at city primaries
SPLIT TICKETS:
how marked, folded, etc
SPRING ELECTION :
registration board, meetings, etc., in cities and townships 60, 67
STATE BOARD OF EDUCATION:
members of, when elected, term of office; duties, etc 48, 54, le
first election of members of
STATE CANVASS:
how and when made 173-18O
STATE CANVASSERS (see Board of State Canvassers).
STATE EMPLOYES :
not deemed to have gained or lost residence 35
STATEMENT :
of result of canvass, how prepared, etc 147
of county canvassers, what to contain 157, 212
of votes by district canvassers 158, 170
canvasser's, how made up and certified 159
where filed
to be delivered by county clerk to district canvassers
of state canvassers, what to show 178-9
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
deposited 244
INDEX. 247
STATEMENT— Continued: Sections
made after canvass completed, by whom, what to contain, where recorded 304, 305
of election of circuit judge, where returned, etc 417-18
of election of regents, how and by whom made 423-4
of result of election for justices of supreme court 430-l>
of votes, by election inspectors of village elections.. ' -t-\~>
STATE OFFICERS:
to be elected at general biennial election, term of office 39-40 54
statement of votes for. duties of county canvassrrs as to 157
resignation of, where made, vacancy, how filled ;;«.);» 40^
removal of certain, by whom 4*03-4
STRAIGHT TICKET :
how marked by voter, folding of, etc 1 ;;.-,
to be canvassed first, what ballots void
STUDENT:
at seminary, residence not gained or lost
SUPERVISORS (see also Board of Supervisors).
election of, term of office 46, 269 °75
to constitute member board of registration .!...' 56764
to act as inspector of election j, j-j
when, to act as chairman of board of election inspectors . 118
duties of. as to classification of justices in new townships 311-314
when to act as moderator of township meeting, duties, etc 32S-:;2
to notify county clerk of vacancy in office of treasurer or justice of the peace. . 401
in fourth class cities, one of election inspectors 483
T.
TALLY SHEET: .
and ballots to be placed and sealed in ballot box 146
and copy of statement of election to whom sent 147
notations made in, as to assisting certain voters, what to state.. 51')
TERM OF OFFICE :
of elective officers 199
TICKETS (see Ballots).
TIE VOTE :
when, fov governor or lieutenant governor, legislature to choose 16
in what cases legislature to make choice 42
in case of, where drawing to take place 160
in case of, how election determined 160
proceedings in case of, in county officers, legislature 213
proceedings in case of, at city primaries 263
in case of, in cities of fourth class 490
in case of, at village elections, council to determine by lot 514
TOWNSHIPS :
when, are entitled to more than one representative 3
number of justices of peace rn 28
board of registration in, who to constitute, etc 56, 64
registration in, session of board, power, duties, etc 67
in new, who to constitute board of registration 86
opening and closing of polls in, and cities 154
noon adjournment, certain section not to apply to 154
who to constitute board of election commissioners in 201
duties of , : 201
when, may be divided into election districts 233
combined result of district reports to be official canvass of 239
when township board may abolish division of, into election districts _:4<;
new. classification of justices of the peace in 311-12
who eligible to hold office in 324
division of election districts in, using voting machines, when laws to govern. . 529
TOWNSHIP BOARD :
duties of, as to dividing township into election districts 114, 233-4
to be board of election commissioners 201
duties of 201
when, may appoint election inspectors
when, may abolish division of townships into election districts 4 i'4(>
when disorganized or reduced below quorum, vacancy how filled 285
on request of twelve electors, may call special township meeting 286
may appoint temporarily to fill vacancy in certain offices 320-21
TOWNSHIP CLERK :
election of, term of office 46, 269, 275
to constitute member board of registration 56, 64
when to deliver register to election inspectors
when to deliver and certify to copy of register of electors 74, 76
to furnish list of electors at first village election 77
to forward secretary of state number of registered names %
duty of. as to notification of election 110
to act as inspector of election
to provide ballot box, key, election seal, etc •
printed instructions to voters furnished
to have charge of ballot box
duty of, as to duplicate statements of result of election
poll lists to be delievered to, and filed by
when order for special township meeting to be filed in office of
to keep minutes, etc., and list of persons voting at town meeting
to record proceedings during business adjournment at town meeting
oaths taken by township officers to be filed -with and recorded by 307
248 INDEX.
TOWNSHIP CLERK— Continued: Sections
when, to notify persons elected at township meeting 308
duties of, as to classification of justices in new townships 312-314
certain duties of, relative to elections 322-324
to give notice to county clerks of the election of justices of the peace 324
notice of, of election for circuit judge 416
copy of order for local option election to be sent to 546
duty of, relative to poll list and statement of local option election 549
when to make copy of poll list, fee for 557
TOWNSHIP ELECTIONS (see Elections, Township).
TOWNSHIP MEETING :
annual, how construed 55
board of registration, meetings, etc., of 67
when held, officers elected at 269
election inspectors at, same as at general elections 291
when notice of first, in election district be given 234
where held, when may be changed, proceedings, etc 277-279
adjournment of, from time to time, when purpose other than election of officers. 280
first, after organization, when held, officers elected, etc 281-284
town clerk to keep list of voters, minutes of proceedings, etc 292, 322
polls, when opened, proclamation, etc 294
challenges at, governed same as at general elections 298
appropriation of money and election of officers at, by viva voce vote
when clerk to notify persons elected at 308
who qualified to vote at
first, in new townships, notice, place of holding, etc 335
TOWNSHIP MEETINGS, SPECIAL:
when may be called to fill vacancy
call of, on signed request of twelve electors, mode of procedure
order for, what to specify
within what time, shall be called after order made 288
TOWNSHIP OFFICERS:
when, elected at township meetings to take oath of office
penalty for certain, neglecting to qualify
compensation of the various 326, 327
resignations of, how and to whom made
removal of, for certain reasons, by whom 405
TOWNSHIP TREASURER :
election of, term of office
to constitute member of board of registration 56, 64
township clerk to file copy of register with
election of, term of office 269, 275
vacancy in office of, town board may fill temporarily 321, 401
U.
U. S. CONSTITUTION :
provisions of (see Appendix).
UNITED STATES SENATOR :
penalty for attempt to corrupt vote of legislator for 353
election of, by legislature, vacancy, etc., relative to 433-5
UNORGANIZED COUNTIES:
when considered- part of organized county
UNUSED BALLOTS:
who to preserve, etc
UPPER PENINSULA:
general election, when held, county and district canvass 51
election of state and county officers, how conducted, when held 436-7
prosecuting attorney, election returns, canvass, etc
overseers of highways, providing for election of, by ballot 439-41
V.
VACANCY *
in office of sheriff, in default of security
in office of regent of the university, filled by governor
in board of registration in cities, how filled, etc
in board of registration in new township, how filled
when notice of election to fill, in certain offices be given 103, 106
how special election may be called to fill 107, 285
when, to be filled at general election, when notice to be given
in office of congressman, notice of by whom given
in office of presidential electors, how filled
term of office of persons elected to fill
on board of county canvassers, how filled
in board of primary inspectors, how filled, etc
to city or county convention, how filled
in the various township offices, term of office, etc 272, 274, 276
manner of classifying justices in case of election to fill
in certain town offices, how fill-ed temporarily 320, 321
in political delegations, how filled
in office of county treasurer, how and by whom supplied
in office of register of deeds, how and by whom supplied 380, 4C
term of office of county officers elected to fill, when to commence
in office of circuit court commissioner, how filled ;
in office of county commissioner of schools, how and by whom filled
in office of county drain commissioner, how and by whom filled
INDEX. 249
VACANCY— Continued: Sections
in office, statement of, to be filed in office of secretary of state 400
in certain state and county offices, how filled 402-3
in office of county clerk or prosecuting attorney, how filled 409
in certain state offices, by whom filled 411
appointment or election of county officers to fill 412
in office of justice of supreme court, how filled 428
in office of U. S. senator, how filled, etc 434
in offices in cities of fourth class, when and how filled 472-474
in fourth class cities, in election inspectors 483
person elected to fill, for less than full term to be designated on ballot 511
VIGNETTE :
of political party, copy of to be forwarded to election commissioners 120
to be adopted by political parties, size, etc 121
impression of, when and where filed 1 --J.
how may be changed 122
township, city or village committees, not required to furnish 201
VILLAGES :
registration of electors in 64, 77, 245
who to constitute board of election commissioners in 201
duties of 201
division of, into election districts 241-2
manner of conducting elections in, districts 244
when may be divided into voting precincts 517
division of election districts in, using voting machines, what laws to govern.. 529
VILLAGE CLERK :
certificate and statement of first election in fourth class cities, deposited
with 445
to give notice of election 508
statement of votes and certificate of election to be filed with 512
to make duplicate certificates of election where filed 513
to notify persons elected or appointed 515
VILLAGE COUNCIL :
to appoint election commissioners, provide ballot boxes, etc 509
to determine result of election 513
in case of tie at elections, to determine by lot 514
when, may authorize the use of voting machines at village election 518
VILLAGE OFFICERS:
number of elected or appointed, term of office, etc 500-504
VILLAGE TRUSTEES:
duties of, and president as to dividing village into election districts 241
VIVA VOCE VOTE:
inspectors of election, when chosen by
one overseer for each road district, to be chosen by 271
business transacted at town meetings by 300
VOTERS (see also Electors).
instructions to. form of ballot, etc
assistance of, in preparation of ballot
printed instructions, by whom furnished, etc
unlawful to influence
unable to vote intelligently to make affidavit, by whom assisted, notations made 519
instructions for, information, when, fry whom and to whom delivered 52O
instructions for, as to voting machine and time, may remain in booth
when voting machines provided and operation explained to, by whom
rules, etc., governing conduct of, using voting machines 531
VOTES :
statement of, by county canvassers 157
statement of, by district canvassers 158
canvasser's statement of, how made up, filed, etc
district canvass of, when and where made
recount of, by county canvassers .*. 218-21
canvass of, in districts, certified statement to be made
canvass and result of, on questions submitted to electors at district meetings..
canvass of, in village districts
canvass of, at township elections
canvass of, for circuit judge
for regents, canvass of 423, 424
canvass of, for supreme court justices 430-2
canvass of, for prosecuting attorney in TT. P
returns of, of certain officers at general election, when, to and by whom made. 534
VOTING MACHINES :
who may authorize the use of, at township, city or village elections
testing of, when and by whom 520
instructions for voters as to using, to be placed in booths
ballot box, when provided for in precincts using
providing for, and operation of, explained to voters, when and by whom
statement of votes shown by, when to be ascertained and proclaimed
penalty for damaging or obstructing use of ; 525
how constructed, how used by electors ' 527, 528
when election districts using, may be divided
payment for, by bonds, etc., by whom
supplies, rules and instructions in connection with use of, by whom furnished..
250 INDEX.
w.
WAGER : Sections
on election, penalty for 343-5
WARD COMMITTEE :
notice of time for holding primaries in cities given by 240
one of, in city primaries, one of board of inspectors.. WARDS :
residence in, condition of registration 72
primaries in cities, held in, at same time : 248
in cities of fourth class, election inspectors, notices, etc 443
inspectors of first election, duties 444-5
change of boundaries not to affect aldermen 448-9
electors in, division of, into precincts, etc 45O- i
registration, election districts, new, etc 452-7
two aldermen elected in each 4G2
WAYNE COUNTY:
re-registration of electors in, when made 85
nominee in, of two parties to give notice specifying choice 12O
failure to give, name how placed 1 L'o
committees, to forward vignette and names of candidates to election commis- sioners 1 2d
who to constitute board of county canvassers in 2<)'.t
act for approval of county officers' bonds, not to apply to 398