Duty of Sheriff on receiving notice.

Ib.

Duty of Township Clerk on receiving notice.

elections.

of the inspectors of election in each ward of any city in the county.

(39.) SEC. 15. The Sheriff, on receiving either 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 Representatives, shall be delivered to the proper officer in each township or ward in each respective district.

(40.) SEC. 16. He shall also give at least twenty days' notice in writing, to be delivered to the township clerk of each township, and to one of the inspectors of election in each ward in any city in his county, of the holding of each general election, for the choice of county officers, designating the officers to be chosen at each and every such election.

(41.) SEC. 17. The township clerk or inspector of elections receiving either of the notices directed in this act to be delivered to him, shall, by notice in writing, under his hand, give at least ten days' notice to the electors of the township or ward, of the time and place at which such election is to be held, and the officers to be chosen; 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 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.

Inspectors of (42.) SEC. 18. At the general election, the supervisor, the justice of the peace, not holding the office of supervisor or town clerk, whose term of office will first expire, and the township clerk of each township, and the assessor and alderman of each ward in a city, or if in any city there be not an assessor in every ward, then the two aldermen of each ward shall be the inspectors of election, two of whom shall constitute a quo

When electors to choose Inspectors.

rum.

(43.) SEC. 19. In case three of such inspectors shall not attend at the opening of the polls, or shall not remain in attendance during the election, the electors present may choose, viva voce, such number of such electors as, with the inspector or

inspectors present, shall constitute a board of three in number; and such electors, so chosen, shall be inspectors of that election during the continuance thereof.

(44.) SEC. 20. The township clerk, if present, shall be re- clerks of election. quired by the board to act as a clerk of the election, and before the opening of the polls, the inspectors in each township shall appoint another competent person to be 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 in a city shall appoint two competent persons to be such clerks; and each of the clerks so appointed, and each of the inspect

ors so chosen, shall take the constitutional oath of office, which 4 Selden, 67, 88. oath either of the inspectors may administer.

polls to be open

(45.) SEC. 21. The polls of the election shall be opened at At what time eight o'clock in the forenoon, or as soon thereafter as may be, ed and closed. on the day of election, and shall be continued open until five o'clock in the afternoon of the same day, and no longer; but

the board may adjourn the polls at twelve o'clock noon, for 4 Selden, 92. one hour, in their discretion; but the inspectors shall cause Adjournments. proclamation to be made of the opening and closing of the polls, and of each adjournment.

Board.

(46.) SEC. 22. When the Supervisor shall be one of the board, Chairman of he shall be chairman thereof; but if he be absent, such one of their number as the inspectors shall appoint, shall be chairman of the board.

vote.

(47.) SEC. 23. The electors shall vote by ballot, and each How electors to person offering to vote shall deliver his ballot, folded, to one const. Art. 7, of the inspectors, in presence of the board.

Sec. 2.

contain.

3 Mich. Rep. 233.

(48.) SEC. 24. The ballot shall be a paper ticket, which shall Ballot, what to contain, written or printed, or partly written and partly printed, the names of all the persons for whom the elector intends 1 Doug. Mich. 59. to vote, and shall designate the office to which each person so named is intended to be chosen; but no ballot shall contain a greater number of names of persons, as designated to any office, than there are persons to be chosen at the election to fill such office.

dered to person

(49.) SEc. 25. If any person offering to vote shall be chal- Oath to be tenlenged as unqualified by any inspector, or any elector entitled challenged. to vote at that poll, the chairman 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 is not withdrawn, one

of the inspectors shall tender to him such one of the following oaths as he may claim to contain the grounds of his qualificaConst. Art. 7, tions to vote:

Sec. 1.

affirmation.

1. "You do solemnly swear [or affirm] that you are twentyone years of age, that you are a citizen of the United States, Form of oath or that you have resided in this State three months next preceding this day, and in this township (or ward as the case may be) ten days next preceding this day, and that you have not voted at this election ;" or,

Ibid.

Ibid.

Ibid.

Ibid.

2. "You do solemnly swear [or affirm] that you are twentyone years of age, that you resided in this State on the twentyfourth day of June, eighteen hundred and thirty-five, that you have resided in this State three months next preceding this day, and in this township (or ward as the case may be) ten days next preceding this day, and that you have not voted at this election;" or,

3.

66

You do solemnly swear [or affirm] that you are twentyone years of age, that you resided in this State on the first day of January, eighteen hundred and fifty, that you have declared your intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding this election, that you have resided in this State three months next preceding this day, and in this township (or ward as the case may be) ten days next preceding this day, and that you have not voted at this election;" or,

4. "You do solemnly swear [or affirm] that you are twentyone years of age, that you have resided in this State two years and six months, that you have declared your intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding this election, that you have resided in this State three months next preceding this day, and in this township (or ward as the case may be) ten days next preceding this day, and that you have not voted at this election;" or,

5. "You do solemnly swear [or affirm] that you are twentyone years of age, that you are a native of the United States, that you are a civilized inhabitant of Indian descent, and not a member of any tribe, that you have resided in this State three months next preceding this day, and in this township (or ward as the case may be) ten days next preceding this day, and that you have not voted at this election."

And 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.

provided.

(50.) SEC. 26. There shall be provided and kept by the Ballot box to be township clerk in each township, at the expense of such township, and in each ward in any city, by the assessor thereof, at the expense of the city, one suitable ballot box, with lock and key, which ballot box shall have an opening through the lid, of the proper size to admit a single closed ballot, through which each ballot received shall be inserted.

amined, locked,

(51.) SEC. 27. Before opening the poll, the ballot box shall Box to be ex be examined, that nothing may remain in it; and it shall then etc. be locked, and the key thereof delivered to one of the inspectors, to be designated by the board; and the said box shall not be opened during the election, except in the manner and for the purpose hereinafter mentioned.

posited.

(52.) SEC. 28. When a ballot shall be received, one of the Ballot, how deinspectors, without opening the same, or permitting it to be opened, shall deposit such ballot in the box.

(53.) SEC. 29. Each of the clerks shall keep a poll list, which Poll list. shall contain the names of all the electors voting at such election.

correcting lists.

(54.) SEC. 30. At each adjournment of the poll, the clerks Comparing and shall, in the presence of the inspectors, compare their respective poll lists, compute and set down the number of votes; and correct all mistakes that may be discovered, according to the decision of the board, until such poll lists shall be made in all respects to correspond.

key; how kept,

etc.

(55.) SEC. 31. The ballot [box] shall then be opened, and the Lists, box and poll lists placed therein, and the box shall then be locked, and a covering with a scal placed over the opening in the lid of the box, and the key delivered to one of the inspectors and the box to another, to be designated by the board.

Ibid.

(56.) SEC. 32. 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 having the box shall carefully keep it without opening or suffering it to be opened, or the seal thereof to be broken or removed, 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. (57.) SEC. 33. It shall be the duty of each inspector to chal-Duty of Inspeclenge every person offering a vote, whom he shall know or

tors to challenge.

To keep order. suspect not to be duly qualified as an elector; and the board of inspectors shall possess full authority to maintain regularity and order, and to enforce obedience to their lawful commands 17 Wendell, 522. during an election, and during the canvass and estimate of the votes, after the poll is closed.

Penalty for disorderly conduct,

forced.

(58.) SEC. 34. If any person shall refuse to obey such lawful and how en commands of the inspectors, or by disorderly conduct in their presence or hearing, shall interrupt or disturb their proceedings, the inspectors may, by an order in writing, commit the person so offending to the common jail of the county, for a period not R. S. 1846, Ch. 5, exceeding twenty days, and may require such order to be executed by any Sheriff, deputy Sheriff, or constable to whom the same shall be directed; or if neither of said officers shall be present, such order may be executed by any other person deputed in writing by the inspectors to execute the same.

Sec. 21.

Canvass of votes.

Canvass to be public.

Excess of ballots, how disposed of.

Ibid.

Canvass and statement of votes.

(59.) SEC. 35. As soon as the poll of the general election shall be finally closed, the inspectors shall immediately proceed to canvass and ascertain the result of the election, unless they shall deem it necessary to adjourn such canvass to some convenient hour of the next day; if the canvass shall be adjourned, the same course shall be observed in relation to the poll lists, box and key, as is required in sections thirty-one and two of this act, to be observed upon an adjournment of the poll.

(60.) SEC. 36. The canvass shall be public, and shall commence by a comparison of the poll lists, and a correction of any mistakes that may be found therein, until they shall be found or made to agree.

(61.) SEC. 37. The box shall then be opened, and the ballots contained therein taken out and counted by the inspectors, unopened, except so far as to ascertain whether each ballot is single; and if two or more ballots shall be found so folded. together as to present the appearance of a single ballot, they shall be destroyed, when the number of ballots shall be found not to agree with the poll lists, as provided in the next section.

(62.) SEC. 38. If the ballots in the box shall be found to exceed in number the whole number of names of electors on the poll lists, they shall be replaced 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.

(63.) SEC. 39. The ballots and poll lists agreeing, or being made to agree, the board shall then proceed to canvass and estimate the votes, and they shall draw up a statement of the result, and cause a duplicate thereof to be made, which state