995. Resignations must be in writing and made as Resigfollows: 1. By the Governor and Lieutenant Governor to the Legislature, if it is in session; and if not, then to the Secretary of State; 2. By all officers commissioned by the Governor, to the Governor; 3. By Senators and members of the Assembly, to the presiding officers of their respective Houses, who must immediately transmit the same to the Governor; 4. By all county and township officers not commissioned by the Governor, to the Clerk of the Board of Supervisors of their respective counties; 5. By all other appointed officers, to the body or officer that appointed them; 6. In all cases not otherwise provided for, by filing the resignation in the office of the Secretary of State. nations, to whom made. how they 996. An office becomes vacant on the happening Vacancies, of either of the following events before the expiration occur. of the term: 1. The death of the incumbent; 2. His insanity, found upon a commission of lunacy issued to determine the fact; 3. His resignation; 4. His removal from office; 5. His ceasing to be an inhabitant of the State, or if the office be local, of the district, county, city, or township for which he was chosen or appointed, or within which the duties of his office are required to be discharged; 6. His absence from the State without permission of the Legislature beyond the period allowed by law; 7. His ceasing to discharge the duties of his office for the period of three consecutive months, except when prevented by sickness, or when absent from the State by permission of the Legislature; Same. Notice of removal, by and to whom given. Vacancies in Legis 8. His conviction of a felony, or of any offense involving a violation of his official duties; 9. His refusal or neglect to file his official oath or bond within the time prescribed; 10. The decision of a competent tribunal declaring void his election or appointment. 997. Whenever an officer is removed, declared insane, or convicted of a felony or offense involving a violation of his official duty, or whenever his election or appointment is declared void, the body, Judge, or officer before whom the proceedings were had must give notice thereof to the officer empowered to fill the vacancy. 998. Whenever a vacancy occurs in either House lature, how of the Legislature the Governor must at once issue a writ of election to fill such vacancy. filled. Vacancies, how filled when not otherwise provided for. Vacancies occurring during session of the Legislature. Vacancies in certain State offices, how filled. 999. When any office becomes vacant, and no mode is provided by law for filling such vacancy, the Governor must fill such vacancy by granting a commission, to expire at the end of the next session of the Legislature or at the next election by the people. 1000. Vacancies occurring in office during the recess of the Legislature, the appointment to which is vested in the Governor and Senate, or in the Legislature, must be filled by appointment made by the Governor; but the person so appointed can only hold the office until the adjournment of the next session of the Legislature. 1001. A vacancy in the office of either the Secretary of State, Controller, Treasurer, Attorney General, Surveyor General, State Printer, Clerk of the Supreme Court, or State Harbor Commissioner, elected by the State at large, must be filled by a person appointed by the Governor. At the next general election subsequent to the occurrence of the vacancy a successor must be elected, who must qualify and enter upon the duties of his office on the first Monday in December next after his election, and who holds his office for the balance of the unexpired term. 1002. A vacancy in the office of either the Superintendent of Public Instruction or State Harbor Commissioner must be filled by a person appointed by the Governor. 1003. Any person appointed to fill a vacancy in the Board of Directors of the Insane Asylum holds only for the unexpired term of his predecessor. Vacancies in office of Harbor Commis sioner or Superintendent of Public Instruction, how filled. Vacancies in Board of of Insane Asylum, how filled. Power and duty of filling 1004. Any person elected or appointed to fill a vacancy, after filing his official oath and bond, possesses officers all the rights and powers and is subject to all the unexpired liabilities, duties, and obligations of the officer whose vacancy he fills. terms. ARTICLE XI. PROCEEDINGS TO COMPEL THE DELIVERY OF BOOKS AND PAPERS BY OFFICERS TO THEIR SUCCESSORS. SECTION 1014. Possession of books and papers. 1015. Proceedings to compel delivery of. 1016. Attachment and warrant to enforce. of books and papers. 1014. Every public officer is entitled to the pos- Possession session of all books and papers pertaining to his office, or in the custody of a former incumbent by virtue of his office. 1015. If any person, whether a former incumbent or another person, refuse or neglect to deliver to the actual incumbent any such books or papers, such actual incumbent may apply by petition to any Court of record sitting in the county where the person so refusing or neglecting resides, or to any Judge of the District or County Court residing therein, and the Court Proceed ings to compel delivery of. Attachment and enforce. or officer applied to must proceed in a summary way, after notice to the adverse party, to hear the allegations and proof of the parties, and to order any such books or papers to be delivered to the petitioners. 1016. The execution of the order and the delivery warrant to of the books and papers may be enforced by attachment as for a witness, and also, at the request of the petitioner, by a warrant directed to the Sheriff or a Constable of the county, commanding him to search for such books and papers, and to take and deliver them to the petitioner. Seals of executive officers. Great Seal. Executive and judicial officers may ARTICLE XII. MISCELLANEOUS PROVISIONS. SECTION 1026. Seals of executive officers. 1027. Great Seal. 1028. Executive and judicial officers may administer oaths. 1029. Salaries of officers. 1030. Office hours. 1031. Signature of officers acting ex officio. 1032. Records open to public inspection. 1026. Except whore otherwise specially provided by law, the seals of office of the various executive officers are those in use by such officers at the time this Code takes effect, and each of such officers must at once file a description and impression of such seal in the office of the Secretary of State. 1027. The Great Seal of the State is the one in use at the time of the adoption of this Code. 1028. Every executive and judicial officer may administer administer and certify oaths. oaths. Salaries of officers. 1029. Unless otherwise provided by law, the salaries of officers must be paid out of the General Fund in the State Treasury, monthly, on the last day of each month. 1030. Unless otherwise provided by law, every officer must keep his office open for the transaction of business from ten o'clock A. M. until four o'clock P. M. each day, except upon holidays. 1031. When an officer discharges ex officio the duties of another office than that to which he is elected or appointed, his official signature and attestation must be in the name of the office the duties of which he discharges. Office hours Signature of officers acting open to 1032. The public records and other matters in the Records office of any officer are at all times, during office hours, open to the inspection of any citizen of this State. public inspection. TITLE II. OF ELECTIONS. CHAPTER I. General Provisions relating to Elections. tors. III. Registration of Electors. IV. Election Precincts. V. Boards of Election. VI. Opening and Closing the Polls. VII. Poll Lists. VIII. Election Tickets and Ballots. IX. Voting and Challenges. X. Canvassing and Returning the Vote. of Election. XII. Elections for Electors of President and XIII. Elections for Members of Congress. |