If the returns from any election district have not been received by the county clerk within seven days after any election, it is his duty forthwith to send a messenger to the judges for the missing returns, who must procure such returns from the judges, or any of them, and return the same to the county clerk. Such messenger shall be paid out of the county treasury ten cents per mile for the distance necessarily traveled. If it appears to the board, by 'evidence, that the polls were not opened in any district, and no returns have been received therefrom, the board must certify to the same and file such certificates and the evidence, if any, with the county clerk, who must enter the same in the minutes and in the statement mentioned in section eight hundred and seventy-three. ['96, p. 374; '97, pp. 201-2.

872. Canvass to be public. Irregularities. The canvass must be made in public by opening the returns and determining therefrom the vote of such county or precinct for each person voted for, and for and against each proposition voted upon at such election, and declaring the result thereof. In canvassing, no returns must be rejected, if it can be ascertained therefrom the number of votes cast for each person. The fact that the returns do not show who administered the oath to the judges of election, or a failure to fill out all the certificates in the poll books, or to do or perform any other act in making up the returns, that is not essential to determine for whom the votes were cast, is not such an irregularity as to entitle the board to reject the same, but they must be canvassed as are other returns. ['96, pp. 374-5; '97, p. 202.

873. Entry of result of canvass. The clerk of the board must, as soon as the result is declared, enter on the records of such board a statement of such result, which statement must show:

1. The whole number of votes cast in the county.

2.

3.

4.

The names of the persons voted for, and the propositions voted upon.
The office to fill which each person was voted for.

The number of votes given at each election district to each of such per

sons, and for or against each of said propositions.

5. The number of votes given in the county to each of such persons and for and against each of such propositions, or in case of precinct officers, the number of votes given in each precinct to each person voted for. ['96, p. 375*; '97, pp. 202-3.

874. Highest number of votes elects. The board must declare elected the persons having the highest number of votes given for each office to be filled by the votes of a single county or subdivision thereof. ['96, p. 375; '97, p. 203. Highest number of votes elects, 22786, 916. Grounds for election contest, ? 914.

875. Certificate of election delivered by clerk. The county clerk must immediately make out and deliver to such person a certificate of election signed by him and authenticated with his seal. [96, p. 375; '97, p. 203.

876. Abstract of state and district returns. When there has been a general or special election for officers, or any measure voted for by the electors of the state at large, or by the electors of two or more counties, each county clerk, as soon as the statement of the vote of his county is made out and entered upon the record of the board of 'county canvassers, as specified in section eight hundred and seventy-three, must make a certified abstract of so much thereof as relates to the votes given for and against such measure and for persons for said offices to be filled at such elections. ['96, p. 375*; '97, p. 203.

877. Id. Transmission to secretary of state. The clerk must seal up such abstract, indorse it "election returns" and without delay transmit it by mail, registered, to the secretary of state. ['96, p. 376; '97, p. 203.

878. Board of state canvassers, how composed. Meeting. Duties. Certificate of election. On the fourth Monday of November after the day of election, at twelve o'clock noon, or in case of special election, at twelve

o'clock noon on the day following the receipt by the secretary of state of the last of the returns of such special election, the state auditor, state treasurer, and attorney general, who shall constitute a board of state canvassers, must meet in the office of the secretary of state and compute and determine the vote for officers or any measure voted for by the electors of the state at large or of two or more counties; and the secretary of state, who is secretary of said board, must make and file in his office, a statement thereof, and must immediately make and deliver to the person having the highest number of votes given for each office to be filled by such electors, a certificate of election signed by the secretary of state and authenticated by his seal. In case a secretary of state shall be elected to succeed himself, the certificate of election shall be issued by the board of state canvassers. ['96, p. 376; '97, p. 203.

879. Messenger for delayed returns. Compensation. If the returns from all counties have not been received on the fifth day before the day designated for the meeting of the board of state canvassers, the secretary of state must forthwith send a messenger to the clerk of the board of county canvassers of the delinquent county, and such clerk must furnish the messenger with a certified copy of the statement mentioned in section eight hundred and seventy-three. The person appointed is entitled to receive as compensation four dollars per day for the time necessarily consumed in such service, and ten cents for each mile necessarily traveled. His account therefor, certified by the secretary of state. after being allowed by the state board of examiners, must be paid out of the general fund of the state treasury. ['96, p. 376; '97, pp. 203–4.

880. Defective returns not to cause delay. No declaration of the result or certificate must be withheld on account of any defect or informality in the returns of any election, if it can, with reasonable certainty, be ascertained from such returns what office is intended and who is elected thereto. ['96, p. 377; '97, p. 204.

Provisions to be liberally construed, 793. Grounds for election contest, 914. Election valid unless rejected vote would change result, ? 916. In an election for members of a constitutional convention, where each voter was entitled to vote for seven candidates, and the registry list showed that in case each voter had voted for the full number of candidates, more votes would have been cast than the returns showed had been cast for all the candidates collectively; held, there was not an irregularity in the returns authorizing a recount.

Page v. Utah Commission, 11 U. 119; 39 P. 499. The duty of a canvassing board under section 256, C. L. 1888, to determine what are the returns of an election, is not judicial, and the board cannot reject returns for informalities which do not destroy their character as such. Id. The fact that the 'voted" registry list contains fewer names than the number of votes actually cast, is not such an irregularity as to authorize a recount, where the difference is less than the majority received by the successful candidate. Id.

CHAPTER 6.

PRESIDENTIAL ELECTORS AND CONGRESSMEN.

881. Presidential electors. At each general election in November next preceding the choice of the president and vice-president of the United States of America, there shall be elected at large from the state as many electors of president and vice-president of the United States of America as the whole number of senators and representatives to which the state may be entitled in congress. p. 158*; '97, p. 204.

['96,

882. Id. Certificate of election. Notice of meeting. The certificate of election for electors of president and vice-president of the United States of America shall be served upon each person elected, and he shall at the same time be notified to attend at the office of the secretary of state, at the capital of the state, and to report himself to the governor of this state as in attendance at the hour of twelve o'clock, noon, of the first business day next preceding the day upon which the electors are required by law to meet and vote for president and vicepresident of the United States of America. [96, p. 158*; '97, p. 204.

883. Id. Meeting of electors to fill vacancies. The electors of president and vice-president so attending shall convene in the office of the secretary of state at the capital of the state, at the hour of twelve o'clock, noon, of the day fixed in section eight hundred and eighty-two, and in case 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, noon, of said day, or on account of the ineligibility of any person elected, or from any other cause, the qualified electors present shall proceed to fill such vacancy by ballot and plurality of votes, and the said electors so present shall immediately issue a certificate of election signed by those present, or a majority of them, to the person so chosen. In case of a failure to elect by the said electors by noon of the day upon which they are required by law to meet and vote for president and vice-president of the United States of America, the governor shall fill the vacancy by appointment; provided. that the vacancy shall be filled from the same political party represented by the elector who has occasioned such vacancy. ['96, pp. 158-9; '97, pp. 204-5.

884. Meeting of electors to ballot. The electors shall meet at the office of the secretary of state at the capital of the state, at noon of the second Monday of January next after their election, or at noon of such other day as the congress of the United States of America may designate, and shall proceed to the performance of their duties in conformity with the constitution and laws of the United States of America. ['96, p. 159*; '97, p. 205.

885. Electors not to receive compensation. The said electors shall receive no compensation for their services. ['96, p. 159; '97, p. 205.

886. Representative to congress elected biennially. At the general election to be held in the year eighteen hundred and ninety-eight, and biennially thereafter, there shall be elected for each congressional district one representative to the congress of the United States. ['96, p. 134; '97, p. 205.

CHAPTER 7.

MUNICIPAL ELECTIONS.

887. Date of municipal elections. Term of office begins when. On the Tuesday next following the first Monday in November, eighteen hundred and ninety-seven, and biennially thereafter, there shall be held in each incorporated city and town of this state, an election to fill all elective offices in said cities and towns; and the officers then elected shall qualify and enter upon their duties at twelve o'clock meridian on the first Monday in January next succeeding their election, and continue in office for two years and until their successors are elected and qualified. The term of office of all the present elective officers shall expire at twelve o'clock meridian on the first Monday in January, eighteen hundred and ninety-eight. ['96, p. 377*; '97, p. 205.

Qualifications of mayor and councilmen, ?? 182-184. Municipal election held at such time as may be provided by law, Con. art. 4, sec. 9.

888. Appointive officers hold till successors qualify. All appointive officers in said cities and towns shall hold their respective offices until their successors shall be appointed and qualified. ['96, p. 377; '97, p. 206. Terms of appointive officers,

215.

889. Qualifications for voters at municipal election. All qualified electors of the state who have resided in the county four months, and in the precinct and city or town for sixty days next preceding any municipal election are entitled to vote at such election. ['96, p. 377*; '97, p. 206.

Qualifications of voters, Con. art. 4, sec. 2.

890. Appointment of judges of election. Voting places. Laws governing election. In all municipal elections the city council and board of trustees of the town shall appoint judges of election and designate the places of voting. There must be at least one voting place in each election district in cities. All elections must be conducted according to the general laws of the state, and all notices and lists of names required to be posted by registry agents prior to any general election shall also be posted by the registry agents prior to any municipal election, the necessary changes being made as to time of posting same. ['96, p. 377*; '97, p. 206.

Registration for municipal elections, 816.

Tie votes.

891. Canvass of returns and issue of certificates. On the Monday following any election, the city council or the board of trustees of the town must convene and publicly canvass the result, and issue certificates of election to each person elected by a plurality of votes. When two or more persons have received an equal and highest number of votes for any one of the offices voted for, the tie shall be decided by lot in the presence of the mayor and city recorder, or the president of the board of trustees and the town clerk, as the case may be, upon a day designated by the mayor or by the president of the board of trustees. [96. pp. 377-8*; '97, p. 206.

892.

CHAPTER 8.

ELECTION OFFENSES.

Offering or giving bribe. Promising employment, etc. It shall be unlawful for any person, directly or indirectly, by himself or through any other person:

1. To pay, loan, or contribute, or offer, or promise to pay, loan, or contribute, any money or other valuable consideration to or for any voter, or to or for any other person, to induce such voter to vote or refrain from voting at any election provided by law, or to induce any voter to vote or refrain from voting at such election for any particular person or persons, or to induce such voter to go to the polls or remain away from the polls at such election, or on account of such voter having voted or refrained from voting for any particular person, or having gone to the polls or remained away from the polls at such election.

To give, offer, or promise any office, place, or employment, or to promise or procure, or endeavor 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 at any election provided by law, or to induce any voter to vote or refrain from voting at such election for any particular person or persons. 3. To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that the same, or any part thereof, shall be used in bribery at any election provided by law, or to knowingly pay or cause to be paid, any money or other valuable thing to any person in discharge or repayment of any money, wholly or in part expended in bribery at any such election. ['96, pp. 152-3; '97, pp. 206-7.

893. Receiving bribe, employment, etc. It shall be unlawful for any person, directly or indirectly, by himself or through any person:

1. To receive, agree, or contract for, before or during an election provided by law, any money, gift, loan, or other valuable consideration, office, place, or employment, for himself or any other person, for voting or agreeing to vote, or for going or agreeing to go to the polls, or for remaining or agreeing to remain away from the polls, or for refraining or agreeing to refrain from voting, or for voting or agreeing to vote, or refraining or agreeing to refrain from voting for any

particular person or persons, measure or measures, at any election provided by law.

2. To receive any money or other valuable thing during or after an election provided by law, on account of himself or any other person, for voting or refraining from voting for any particular person at such election, or on account of himself or any other person for going to the polls or remaining away from the polls at such election, or on account of having induced any person to vote or refrain from voting, or to vote or to refrain from voting for any particular person or persons, measure or measures at such election. ['96, pp. 153-4; '97,

p. 207.

894. Fraud, interference, riotous conduct, destruction of ballots, etc., at election. Every person not entitled to vote who fraudulently votes, and every person who votes more than once, at any one election, or knowingly hands in two or more ballots folded together, or changes any ballot after the same has been deposited in the ballot box, or adds or attempts to add any ballot to those legally polled at any election, either by fraudulently introducing the same into the ballot box before or after the ballots therein have been counted; or adds to or mixes with, or attempts to add to or mix with, the ballots lawfully polled, other ballots, while the same are being counted or canvassed, or at any other time, or wilfully detains, mutilates, or destroys any election returns or in any manner so interferes with the officers holding such election, or conducting such canvass, or with the voters lawfully exercising their rights of voting at such election, as to prevent such election or canvass from being fairly held or lawfully conducted, or who shall be guilty of riotous conduct at any election or shall interfere in any manner with any officer of such election in the discharge of his duties, or who shall induce any officer of any election, or officer whose duty it is to ascertain, announce, or declare the result of any such election, or to give or make any certificate, document, or evidence in relation thereto, to violate or refuse to comply with his duty, or any law regulating the same, or who shall take, carry away, conceal, remove, or destroy any ballot, poll book, or other thing from the polling place, or from the possession of the person or persons authorized by law to have the custody thereof; or who aids, counsels, provides, or procures, advises, or assists any person or persons to do any of the acts aforesaid, shall be guilty of a crime, and shall be punished as hereinafter provided. [C. L. § 4762*; '96, pp. 156-7; '97, pp. 207-8.

895. Penalties under preceding sections. Any person convicted of any of the crimes or offenses mentioned in sections eight hundred and ninety-two, eight hundred and ninety-three, and eight hundred and ninety-four, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the state prison for not more than five years, or by both fine and imprisonment. ['96, p. 157*; '97, p. 208.

896. Fraudulent registration. Penalty. Every person who wilfully causes, procures, or allows himself to be registered, knowing himself not to be entitled to such registration; and every person who wilfully causes, procures, advises, encourages, or assists any other person to be registered, knowing or believing such person not to be entitled to such registration, is punishable by fine not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding one year, or by both. [C. L. § 4761*; '97. p. 208.

897. Betting on election. It shall be unlawful for any candidate for public office, before or during any election provided by law, to make any bet or wager with a voter, or to take a share or interest in or in any manner become a party to any sucn bet or wager, or to provide or agree to provide any money to be used by another in making such bet or wager, upon any event or contingency whatever, arising out of such election. Nor shall it be lawful for any person, directly or indirectly, to make a bet or wager with a voter, depending upon the result of any election provided by law, with the intent thereby to procure the challenge of such voter or to prevent him from voting at such election. Any