CHAPTER 5. OF THE MANNER OF CONDUCTING THE GENERAL ELECTION. TITLE II. CHAPTER 5. elections. SECTION 1. At the general election, the supervisor, the justice of Inspectors of the peace whose term of office will first expire, and the township clerk of each township, and the assessor and aldermen of each ward in the 1839, p. 33, § 9. city of Detroit, shall be the inspectors of election, two of whom shall constitute a quorum. to choose inspec tors. SEC. 2. In case three of such inspectors shall not attend at the When electors 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. Clerks of the SEC. 3. The township clerk, if present, shall be required by the board to act as a clerk of the election, and before the opening of the election. polls, the inspectors in each township shall appoint another competent person to be a 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 the city of Detroit shall appoint two competent persons to be such clerks; 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. SEC. 4. The polls of the election shall be opened at eight o'clock in At what time polls to be openthe forenoon, or as soon thereafter as may be on the day of election, ed and closed. 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 one hour, in their discretion. SEC. 5. The inspectors shall cause proclamation to be made of the Proclamation to opening and closing of the polls, and of each adjournment; and at be made. the opening of the poll in the forenoon, the inspectors shall give notice thereof if any adjournment is to take place. board. SEC. 6. When the supervisor shall be one of the board, he shall be Chairman of chairman thereof; but if he be absent, such one of their number as the inspectors shall appoint, shall be chairman of the board. ballot, &c. SEC. 7. The electors shall vote by ballot, and each person offering Voting to be by to vote, shall deliver his ballot, so folded as to conceal the contents, to one of the inspectors, in the presence of the board. contain. SEC. 8. The ballot shall be a paper ticket, which shall contain, Ballot, what to written or printed, or partly written and partly printed, the names of all the persons for whom the elector intends to vote, and shall desig- People vs. Tisnate the office to which each person so named, is intended by him to dale. 1 Doug. 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. Mich. R. 59. vacancies. SEC. 9. If at a general election, there be one or more vacancies to Designation of be supplied in the office of senator, and at the same election a sen- persons to fill ator is to be elected for a constitutional term, it shall be necessary to designate in the ballot, the person or persons voted for to fill such vacancy or vacancies. Oath to be ten SEC. 10. If any person offering to vote, shall be challenged as unqualified by any inspector, or any elector entitled to vote at that poll, dered to the perthe chairman of the board of inspectors shall declare to the person son challenged. challenged, the qualifications of an elector; and if such person shall TITLE II. CHAPTER 5. 1841, p. 186. Ballot box to be provided. Ballots to be inBerted through opening. Box to be examined, locked, &c. Ballots, how deposited. Poll lists to be kept by clerks. Comparing and correcting lists. Lists and box and key, how kept, &c. Key and box to be returned at poll, &c. state that he is duly qualified, and the challenge shall not be withdrawn, one of the inspectors shall tender to him the following oath : "You do solemnly swear (or affirm) that you are twenty-one years of age, that you are a citizen of the United States, (or that you was an inhabitant of this state on the twenty-fourth day of June, one thousand eight hundred and thirty-five,) that you have resided in this state six months next preceding this day, that you now reside in this township (or ward, as the case may be,) and that you have not voted at this election;" and if such person will take such oath, his vote shall be received. SEC. 11. There shall be provided and kept by the township clerk in each township, at the expense of such township, and in each ward in the city of Detroit by the assessor thereof, at the expense of the said city, one suitable ballot box, with lock and key. SEC. 12. There shall be an opening through the lid of the box, of the proper size to admit a single closed ballot, through which each ballot received shall be inserted. SEC. 13. Before opening the poll, the ballot box shall be examined, that nothing may remain in it; and it shall then be locked, and the key thereof be 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 purposes hereinafter mentioned. SEC. 14. When a ballot shall be received, one of the inspectors, without opening the same or permitting it to be opened or examined, shall deposite such ballot in the box. SEC. 15. Each of the clerks shall keep a poll list, which shall contain the names of all the electors voting at such election. SEC. 16. At each adjournment of the poll the clerks shall, in the presence of the inspectors, compare their respective poll lists, compute and set down the number of the 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. SEC. 17. The ballot box shall then be opened, and the poll lists placed therein, and the box shall then be locked, and a covering with a seal placed on 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. SEC. 18. The inspector having the key shall keep it in his own possession, and deliver it again to the board at the next opening of the next opening of 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, the box opened, the poll lists taken out, and the box again locked. Duty of inspectors to challenge. SEC. 19. It shall be the duty of each inspector to challenge every person offering to vote, whom he shall know or suspect not to be To keep order. 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, during an election, and during the canvass and estimate of the votes, after closing of the poll. Persons disobey SEC. 20. If any person shall refuse to obey such lawful commands ing commands of of the inspectors, or by disorderly conduct in their presence or hearinspectors, how ing, shall interrupt or disturb their proceedings, the inspectors may, punished. by an order in writing, commit the person so offending to the common jail of the county, for a period not exceeding twenty days. TITLE IL CHAPTER 6. By whom order SEC. 21. Such order shall be executed by any sheriff, deputy sheriff, coroner or constable, to whom the same shall be directed, or if neither of commitment of said officers shall be present, such order may be executed by any other person deputed in writing by the inspectors. to be executed. CHAPTER 6. OF THE CANVASS BY THE INSPECTORS. Inspectors, when SECTION 1. As soon as the poll of the general election shall be finally closed, the inspectors shall immediately proceed to canvass and to canvass votes. ascertain the result of the election, unless they shall deem it necessary to adjourn such canvass to some convenient hour of the next day. SEC. 2. If the canvass shall be so adjourned, the same course shall if canvass adbe observed in relation to the poll lists, box and key, as is required in journed, box &c. how disposed of. the preceding chapter to be observed upon an adjournment of the poll. SEC. 3. The canvass shall be public, and shall commence by a com- Canvass to be parison of the poll lists, and a correction of any mistakes that may be public, how to found therein, until they shall be found or made to agree. be commenced. ed and ballots SEC. 4. The box shall then be opened, and the ballots contained Box to be opentherein taken out and counted by the inspectors unopened, except so counted. far as to ascertain whether each ballot is single; and if two or more When ballots to ballots shall be found so folded together as to present the appearance be destroyed. of a single ballot, they shall be destroyed. SEC. 5. If the ballots in the box shall be found to exceed in number the whole number of the votes 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. If ballots exceed number on poll lists, excess to be destroyed. and statement of votes. SEC. 6. The ballots and poll lists agreeing, or being made to agree, Canvess estimate 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 statement and duplicate shall be certified by the inspectors to be correct, and shall be subscribed with their names. SEC. 7. Such statements shall set forth in words at length, the whole What statement number of votes given for each office, the names of the persons for to contain, and how disposed of. which such votes for such office were given, and the number of votes so given for each person; and one of said statements shall forthwith be delivered to the township clerk, to be filed and preserved by him; Vide form of and the other shall be delivered to one of the inspectors, who shall of 1839, p. 359, be appointed by the board to attend the county canvass. statements; laws &c. be kept. SEC. 8. The inspectors shall preserve a true copy of all ballots re- Ballots, how to jected as defective, with the originals attached, and deliver the same to the township clerk to be filed in his office, and the other ballots they shall seal up and deliver to said clerk, who shall keep the same in his office until the next general election, subject only to the inspection of the proper authorities, in case of a contested election. SEC. 9. One of the poll lists shall be delivered to the township clerk, Poll lists to be filed, &c. TITLE IL CHAPTER 7. and the other to the county clerk, which lists shall be filed and preserved by them in their respective offices. In the city of Detroit, 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. canvassers, CHAPTER 7. OF THE COUNTY CANVASS AND PROCEEDINGS THEREON. SECTION 1. The several inspectors appointed by the inspectors of Board of county election in townships and wards, to attend the county canvass, shall when and where constitute the county board of canvassers, and shall meet on the Tuesday next following the election, before one o'clock in the afternoon, at the office of the county clerk, who shall be secretary of the board; or in his absence his deputy shall be such secretary. to meet. When inspector SEC. 2. If either of the inspectors appointed to attend the county unable to attend canvass, shall be unable to attend such canvass on the day appointed, to deliver state he shall, on or before that day cause to be delivered at the office of the county clerk, the original statement of all votes given in his township or ward, which statement said clerk shall lay before the said can ment to county clerk. When canvassers may adjourn. When messen statement of votes. vassers. SEC. 3. On the day appointed for such canvass, if a majority of the canvassers shall not attend, or if such statement of votes shall not be produced, the canvassers then present shall adjourn to some convenient hour of the next day. SEC. 4. If all the original statements of the votes given in the sevger to be sent for eral townships and wards shall not be produced on the day appointed for such canvass, the county clerk shall, by a special messenger, or otherwise, obtain such original statements as are not produced, or certified copies thereof, in time to be delivered to the board of canvassers at their said adjourned meeting. Board to meet on adjourned day. To organize and canvass votes. To make separate statements. Forms of etate 1839, p. 359, &c. nents, laws of SEC. 5. At the time to which such canvass was adjourned, the canvassers shall again meet; and such of them as shall be present, although less than a majority of the whole number, shall constitute the board of canvassers. SEC. 6. The canvassers shall choose one of their number to be their chairman; and said board shall proceed to examine the original statements certified by the several boards of inspectors of election, or certified copies thereof, and ascertain the number of votes given in the county, and make statements thereof as the nature of the election may require. SEC. 7. They shall make a separate statement, containing the whole number of votes given for the offices of governor and lieutenant governor, 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 representative in congress; another similar statement of the votes given for electors of president and vice president; another, of the votes given for state senators, when the county alone does not constitute a senate district; another, of the votes given for members of the house of representatives, when the county alone does not constitute a representative district; another, [of] the votes given for county officers, and state senators and members of the house of rep resentatives, when the county alone constitutes a senate district or rep resentative district. to contain and to &c. Determination SEC. 8. In each of said statements, the whole number of votes gi- What statements ven, the names of the candidates, and the number of votes given to whom delivered. each, shall be written in words at length; and each statement shall be certified as correct, and attested by the signatures of the chairman To be recorded, and secretary of the board; and a copy of each, thus certified and attested, shall be delivered to the county clerk, and recorded by him in a suitable book, to be provided by him and kept in his office. SEC. 9. The board shall then determine the persons who have by the board. been, by the greatest number of votes, elected to the several county offices, and members of the house of representatives and state senators, respectively, when the county alone constitutes a senate or representative district; and such determination shall be certified and attested by the chairman and secretary of the board, and be annexed to the statement of votes given for such officers respectively, and shall be recorded with such statement by the county clerk. ments to be made SEC. 10. The said board shall make a duplicate statement of the Duplicate statevotes given for state senators, when the county alone does not con- and delivered to stitute a senate district, and deliver the same to the clerk of the county to be delivered by him to the senatorial district canvassers. clerk. ment of votes SEC. 11. The said board shall also make a duplicate statement of Duplicate statethe votes given for representatives in the state legislature, when the for representacounty alone does not constitute a representative district, and deliver tives, &c. the same to the clerk of the county, to be delivered by him to the representative district canvassers. record state SEC. 12 The county clerk shall record in his office all the state- County clerk to ments and certificates that shall be delivered to him by the county board ments. of canvassers, and shall provide at the expense of the county a suitable book for that purpose. SEC. 13. He shall prepare and certify under his hand and seal of office, three copies of the statement of the votes given for representative in congress, which he shall severally seal up and direct as follows: One copy to the governor, one copy to the secretary of state, and one copy to the auditor general, and transmit the same by mail on or before the Tuesday next after the county canvass, when a general election has been held, and within five days after such canvass when a special election has been held; and he shall also prepare and certify under his hand and seal of office, two copies of the statement and certificate of votes given for governor and lieutenant governor, which he shall severally seal up and direct to the president of the senate, endorsed "election returns from the county of separately enclose each copy in an envelope under seal, and shall direct one copy on the envelope to the governor, and the other copy to the secretary of state, and transmit the same by mail, on or before the Tuesday next after the county canvass when a general election has been held. Clerk to make & certify and trans it three copies of statement of sentative in congress, and 2 copnor, &c. votes for repre ies do. for gover Const. of Mich. ;" and shall article 5 §4. and deliver cer persons elected. SEC. 14. He shall also prepare as many certified copies of each Clerk to prepare certificate of the determination of the board of county canvassers, as tified copies of there are persons declared in such certificate to be elected, and shall determination to without delay deliver one of such copies to each person so elected. SEC. 15. Such clerk shall also, within thirty days after a general List of members election, transmit to the secretary of state a list of the members of the cers to be trans. house of representatives elected in the county, and a list of all the mitted by clerk county officers elected in such county at such election, and county offi to secretary of state. |