Page images
PDF
EPUB

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.

in Congress.

(106.) SEC. 82. A Representative in the Congress of the Representative United States shall be chosen in each of the congressional districts into which the State is or shall be divided, at each general election; and if a Representative in Congress shall resign, he shall forthwith transmit a notice of his resignation to the Secretary of State; and if a vacancy shall occur, by Vacancy. death or otherwise, in the office of Representative in Congress, 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.

dent and Vice

(107.) SEc. 83. At the general election next preceding the Electors of Presi choice of President and Vice President of the United States, President. 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.

(108.) SEC. 84. The Electors of President and Vice Presi- To convene at Capitol. dent shall convene at the Capitol of the State on the first Wednesday of December; and if there shall be any vacancy in the office of an Elector, occasioned by death, refusal to act, neglect to attend by the hour of twelve o'clock at noon of that day, or on account of any two of such Electors having received an equal and the same number of votes, the Electors present shall proceed to fill such vacancy by ballot and plurality of votes; and when all the Electors shall appear, or vacancies How vacancy to shall be filled, as above provided, they shall proceed to perform the duties of such Electors, as required by the Constitution and laws of the United States.

be filled.

of State.

(109.) SEC. 85. The Secretary of State shall prepare three Duty of Secretary lists of the names of the Electors, procure thereto the signature of the Governor, affix the seal of the State to the same, and deliver such certificates, thus signed and sealed, to one of the Electors, on or before the said first Wednesday of December.

Congress to be

(110.) SEC. 86. On the first Tuesday after the second Monday When Senator in of January next, before the expiration of the time for which any elected. Senator was elected to represent this State in the Congress of the United States, if the Legislature shall be then in session, and if

Vavancy; how filled.

Manner of conducting election.

Evidence of election.

Unorganized

counties.

Oath of Inspectors and Clerks of elections.

Compensation to

certain officers.

not, then within ten days after a quorum of both houses shall be assembled at the then next meeting of the Legislature, an election shall be held for a Senator in Congress, at the place where the Legislature shall be then sitting; which election may be continued from day to day until such Senator shall be elected. (d)

(111.) SEC. 87. Whenever the seat of any such Senator shall become vacant before the expiration of the term for which he was elected, another Senator shall be elected to fill his place within ten days after the Legislature shall have notice of such vacancy, at the place where it shall be then sitting.

(112.) SEC. 88. Such election shall be made in the following manner: the Senate and House of Representatives shall each openly nominate one person for the office of Senator in Congress; after which they shall immediately meet in joint convention in the Hall of the House of Representatives, and if they shall agree in their nomination, the person so nominated shall be deemed elected; if they shall disagree, the election shall be made by a joint vote of the Senators and members of the House of Representatives, and a majority of the votes given in such joint convention shall be necessary to an election.

(113.) SEC. 89. Whenever any Senator shall be chosen as aforesaid, a copy of the resolutions of the Senate and House of Representatives, certifying such choice, signed by the Presi dent of the Senate and Speaker of the House of Representatives, shall be delivered to the Secretary of State and recorded by him; and he shall forthwith make out a certificate, under the seal of the State, and attested by him as Secretary, certifying such choice, and deliver the same to the person so chosen Senator, by mail or otherwise.

(114.) SEC. 90. Unorganized counties, with other 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 purposes concerning the election of officers who may be elected at a general or special election.

(115.) SEC. 91. The oath directed in this act to be taken by persons chosen to be inspectors, or appointed clerks of elections, shall be in the form prescribed in the first section of the eighteenth article of the revised Constitution of this State.

(116.) SEC. 92. Each county canvasser, Sheriff and county clerk, shall receive such reasonable compensation for their

(d) See Sections 129 and 130, by the latter of which a repeal of this section was designed.

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.

certain officers.

(117.) SEC. 93. Each district canvasser, county clerk, or Compensation to other person employed in canvassing and returning the result of the elections required by law to be certified by district. canvassers, to the board of State canvassers, shall receive such compensation as the board of State auditors shall deem reasonable, and be paid out of the State Treasury.

to be served on

election.

20 Wendell, €81.

(118.) SEC. 94. During the day on which any election shall o civil process be held, pursuant to the provisions of law, no civil process electors on day of shall be served on any elector entitled to vote at such election. Edwards, 323, (119.) SEC. 95. The person holding any office, at the expi- Term of office. ration of the term thereof, shall continue to hold the same until his successor shall be elected or appointed and qualified; and when any person shall be elected to fill a vacancy in any Term, elective office, he shall hold the same only during the unex-acancy. pired portion of the regular term limited to such office, and until his successor shall be elected and qualified.

An Act to Provide for the Election of Circuit Judges and Regents of the University.
[Approved March 10, 1851. Laws of 1851, p. 20.]

when elected to fill

Judge and Regent

[ocr errors]

be elected and

or what term.

(120.) SECTION 1. The People of the State of Michigan enact, When Circuit 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 judicial circuits into which, under the revised Constitution and schedule thereto, and laws, the State is divided, by the electors thereof, of one Circuit Judge and one Regent of the University, who shall hold their offices respectively for the term of six years, and until their successors are elected and qualified.

tors of election.

(121.) SEC. 2. The inspectors of elections in the several Duties of Inspec townships and wards in cities throughout the State, are hereby

· required to prepare a ballot box to receive all ballots 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.

State to give

(122.) SEC. 3. The Secretary of State shall, immediately secretary of after the passage of this act, transmit to the Sheriff of each notice to Sheriffs. 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

Sheriffs to notify Township Clerks, etc.

to give notice.

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.

(123.) SEC. 4. The Sheriffs of the several counties, on receiv ing the notice hereby provided for, shall forthwith, in writing, notify the township clerk of each township, and one of the inspectors of election of e ich ward in any city, of such election ; Township Clerks and it shall be the duty of the township clerks and inspectors of election receiving said notice to give eight days' notice, except for the election in eighteen hundred and fifty-one, in writing, under their hands respectively, to the electors of the township or ward, of the time and place of holding such election, by posting the same up in at least three public places in the township or ward.

Election, canvass, etc., to be

election.

(124.) SEC. 5. The election provided for by this act shall same as general be conducted in the same manner as by existing laws is provided for the holding of a general election; and the inspectors of elections shall make the same canvass, 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.

County canvass, when held.

(125.) SEC. 6. The county canvass for the several Circuit Judges and Regents of the University, shall be on the second Tuesday succeeding the election, and shall be conducted 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; Statement but the county clerks of the several counties shall transmit one of the certified copies of the statement of votes to the State Treasurer, instead of the Auditor General.

where returned.

Board of State canvassers.

(126.) SEC. 7. The Secretary of State, State Treasurer and Commissioner of the State Lund Olice, shall constitute the board of State canvassers, and they are hereby authorized and required to proceed in the canvass and determination of the election of the several Circuit Judges and Regents of the University, in the same mumer and within similar periods of time, as near as may be, as is provided by law for the canvass Const. Art. 8, of the election of Representatives to Congress, and shall transmit similar notices to the persons declared to be elected to the offices of Circuit Judge and Regent of the University in the several Judicial districts: Providel, 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

Sec. 4.

Their Duty.

county of Wayne.

after the receipt of the several statements of votes given for a Proviso as to Regent of the University in the Upper Peninsula; provided such statement shall be received before the third Tuesday of November next ensuing, when said board shall proceed to canvass and determine the election of such Regent, as in other

cases.

of

dered to person

(127.) SEC. 8. The officers elected under the provisions of Commencement this act, shall enter upon the discharge of their respective duties on the first day of January succeeding their election. (128.) SEC. 9. If any person offering to vote shall be chal-Oath to be tenlenged as unqualified, by any inspector or any elector qualified 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 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:

affirmation.

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

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

3d. "You do solemnly swear [or affirm] that you are twenty- Ibid. 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 preceding this election, that you have resided in this State three months, and in this township (or ward as the case may be) ten days next preceding this election, and that you have not voted at this election;" or

4th. "You do solemnly swear [or affirm] that you are twenty- Ibid. one years of age, that you have resided in this State two years and six months next preceding this election, that you have

« PreviousContinue »