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UC-NRLF

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

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

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

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

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.

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

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

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

STATE OF MICHIGAN.

Supervisors to
register names
while making
assessment.

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.

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

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

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

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.

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

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

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.

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.

STATE OF MICHIGAN.

NAMES OF OFFICES
VOTED FOR.

Vignette
with
name of party.

[ ] Name of can-
didate.

[ ] Name of cai
didate.

PRESIDENTIAL.

Electors of President
and Vice- President

[ ] Name of can-
didate.

[ ] Name of car
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 car

didate.

Representative in Congress,
District

[ ] Name of can-
didate.

[ ] Name of car
didate.

LEGISLATIVE.
Senator District

[ ] Name of can-
didate.

[ ] Name of can-

[ ] Name of can

didate.

Representative District

[ ] Nam0 of can-

[ ] Name of can-

didate.

COUNTY.
Judge of Probate. .

[ ] Name of can-

[ 1 Name of can-

didate.

didate

Sheriff . . .

didate.

Clerk

[ ] Name of can-

[ 1 Name of can-

[ ] Name of can

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

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.

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-

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

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

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

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

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.

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,

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.

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 •

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

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

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.

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

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-

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

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:

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

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.

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.

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.

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.

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.

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.

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.

JOHN DOE

RICHARD DOE

JOHN SMITH

State Senator, District.
Vote for One.

Sheriff.
Vote for One.

JOHN DOE

RICHARD DOE

JOHN SMITH

WILLIAM BROWN

Representatives in State Legislature,
District.

Vote for Three.

Circuit Court Commissioners,
Vote for Two.

JOHN DOE

RICHARD DOE

JOHN SMITH

WILLIAM BROWN

CHARLES WHITE

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.

INDEX.

TO PRIMARY ELECTION LAW.

The references are to compiler's sections.

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

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

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

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

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).

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

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

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

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

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

234 INDEX.

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

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

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

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

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

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

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

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.

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-'

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

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

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

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

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. 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

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.

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

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