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and in no case shall the polls be kept open after the hour of sunset. Such officers shall be voted for on one ballot, and notice thereof shall be given in the 1warrant calling the meeting. Approved May 7, 1891.

One ballot; to be specified in warrant.

1889, 413, § 10.

CHAPTER 328.

AN ACT TO PROVIDE A UNIFORM SYSTEM OF COUNTING AND
CANVASSING VOTES.

Be it enacted, etc., as follows:

and apparatus

tion officers to

the secretary of

wealth.

SECTION 1. The secretary of the Commonwealth shall, at Blank forms the expense of the Commonwealth, provide every city and town for use by elecwith blank forms and suitable apparatus for use by the election be furnished by officers at each polling place in the count and canvass of the the Common. votes cast at each state, city and town election, and upon any proposed amendment to the constitution or other question submitted to the voters: provided, the ballots cast at such elections or in taking such votes are printed and distributed by the Commonwealth or by such city or town, as provided by law. Said Approval. blank forms and apparatus shall be approved by the secretary, treasurer and auditor of the Commonwealth or by a majority of them. Said blank forms and apparatus shall be used in ascertaining the result of such election or vote, or such result shall be ascertained in the manner hereinafter provided.

use state blanks

canvass of votes

election officers

shall direct.

SECT. 2. If for any cause it shall become impossible at any If impossible to such election or in taking any such vote to make use of the or apparatus, state blanks or apparatus, the canvass of the votes shall be to be made as made as the presiding election officers shall direct; the clerk shall make a record of the facts pertaining thereto and return an attested copy of the record thereof enclosed in the envelope provided according to law for the return of the ballots cast at such election or in taking such vote.

clerks to send

election officers

before opening of polls on day of election.

SECT. 3. City and town clerks shall send the state blanks City and town and apparatus to the election officers of each precinct or town blanks, etc., to before the opening of the polls on the day of any election or meeting at which the state blanks and apparatus are required to be used, together with such blank forms and apparatus as may be approved by the board of aldermen or selectmen as the case may be.

SECT. 4. [Amended. See 1892, 431.]

Canvass of votes.

1 See 1892, 124, § 1.

Provisions regarding care, etc., of ballot boxes to apply to blank forms and apparatus.

Penalty on election officer.

SECT. 5. All existing provisions of law relating to the care, custody and repair of the state ballot boxes and the penalty for the destruction or injury of the same shall, so far as they can be made applicable, apply to the care, custody, repair, destruction or injury of the blank forms and apparatus herein provided for.

SECT. 6. Any election officer who violates the provisions of this act shall be punished by fine not exceeding one hundred dollars or by imprisonment in the house of correction for twenty Violation not to days; but no such violation shall in any way invalidate any return of the votes cast, duly made by any town, ward or precinct clerk, or affect the title of any person who is duly declared to be elected to any office. Approved May 13, 1891.

affect election,

etc.

Secretary to have super

vision, etc., of

ballot boxes. 1890, 423, § 87.

Improvements in ballot boxes may be made.

1890, 423, § 84.

Secretary to furnish blank forms for the nomination of candidates. Proviso.

CHAPTER 329.

AN ACT RELATIVE TO THE CARE OF BALLOT BOXES AND FUR-
NISHING OF ELECTION BLANKS AND INSTRUCTIONS BY THE
SECRETARY OF THE COMMONWEALTH.

Be it enacted, etc., as follows:

SECTION 1. The care, custody and repair of the state ballot boxes, provided for by section eighty-seven of chapter four hundred and twenty-three of the acts of the year eighteen hundred and ninety, shall be under the supervision, direction and control of the secretary of the Commonwealth. The secretary may, at the expense of the Commonwealth and subject to approval, as provided in section eighty-four of said chapter four hundred and twenty-three, cause necessary improvements to be made in any of the state ballot boxes.

SECT. 2. 2The secretary shall furnish, upon application, blank forms for the nomination of candidates for state offices: provided, however, that blank forms for certificates of nomination of candidates for the office of representative in the general court shall be sent to the clerk of each city and town for the use of the presiding officer and secretary of any legal caucus or convention held therein for the nomination of candidates for said office. The secretary shall furnish the clerks of towns, wherein town ballots are printed and distributed at the public expense, blank forms for the nomination of candidates for town offices.

1 See 1890, 423, §§ 87, 88; 1891, 329, § 1.

2 See 1889, 413; 1890, 386.

to make sugges

instructions, etc.

SECT. 3. The secretary shall make such suggestions, give Secretary, such directions, furnish such instructions and blank forms as tions, furnish will aid and assist town officers in the performance of their duties under the requirements of law relating to elections.

to include in report a concise

statement of

other matters

tions.

SECT. 4. The secretary shall include in the report provided for by section one hundred and eighteen of chapter four hundred and twenty-three of the acts of the year eighteen hundred relating to elecand ninety, a concise statement of other matters relating to 1890, 423, §118. elections, with such suggestions thereon as may be deemed advisable. Approved May 13, 1891.

CHAPTER 336.

AN ACT TO PROVIDE FOR THE FILLING OF VACANCIES IN

TOWN OFFICES.

Be it enacted, etc., as follows:

cies in tow.n

SECTION 1. When a vacancy occurs from any cause in any Filling of vacan town office except in the office of selectmen, town clerk, assessor offices. or treasurer, and when there is no existing provision of law for the filling of such vacancy, or when there is a failure to elect any town officer except those above-named, the selectmen shall, by an appointment in writing signed by them, proceed to fill such vacancy, and the person so appointed shall be entitled to perform the duties of the office to which he is appointed, until the next annual town election or until another is duly elected and qualified in his stead: provided, however, that when a Proviso. vacancy occurs or exists in a board of town officers, other than in the boards of selectmen or assessors, the remaining members of such board shall, in writing, give notice of the fact to the selectmen of the town, and the two boards shall thereupon, after giving public notice of at least one week, proceed to fill such vacancy; and a majority of the ballots of persons entitled to vote shall be necessary to an election, and the person so elected shall be entitled to perform the duties of the office to which he is elected, until the next annual town election or until another is duly elected and qualified in his stead.

SECT. 2. The person or persons so appointed or elected shall perform the same duties, have the same powers and privileges, and be subject to the same requirements, restrictions and penalties, from the date of such appointment or election and during

Powers, privi. leges, require.

ments, etc., of

appointees, etc.

80

1891.- Chapter 395; 1892. — Chapter 51.

such term of office, as is now provided by law for the persons duly elected or appointed to such offices.

SECT. 3. This act shall take effect upon its passage.

Approved May 16, 1891.

Representation of political parties on boards of registrars of voters.

1890, 423, §18. 1890, 423, §48.

CHAPTER 395.

AN ACT TO PROVIDE FOR THE BETTER REPRESENTATION OF
THE LEADING POLITICAL PARTIES ON BOARDS OF REGIS-
TRARS OF VOTERS.

Be it enacted, etc., as follows:

In case the clerk of a city or town, who by the provisions of section eighteen of chapter four hundred and twenty-three of the acts of the year eighteen hundred and ninety is a member of the board of registrars of voters of said city or town, is not a member of either of the two political parties which cast the largest number of votes in the Commonwealth at the annual election next preceding their appointment, the remaining members of said board shall represent such political parties, but not more than two of them shall be of the same political party. Approved June 10, 1891.

ACTS OF 1892.

Check lists for use in certain

CHAPTER 51.

AN ACT RELATING TO THE USE OF CHECK LISTS IN TOWN

Be it enacted, etc., as follows:

MEETINGS.

SECTION 1. At any town meeting held between the day of town meetings. the annual town meeting and the day of the annual state election next succeeding, the list of voters prepared for the annual town meeting shall be used, subject to the changes and erasures provided for by law.

SECT. 2. This act shall take effect upon its passage.

Approved March 10, 1892.

1 See 1892, 351, §§ 30, 31, 36.

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AN ACT RELATING TO THE FILLING OF VACANCIES IN THE
OFFICE OF COUNTY COMMISSIONER.

Be it enacted, etc., as follows:

SECTION 1. Whenever a vacancy occurs in the office of Filling of vacancy in office county commissioner in any county, the two remaining county of county commissioner, by commissioners and the clerk of the courts for the county, or a appointment. majority of the three, may, if they shall deem it expedient and for the interest of the public, appoint some suitable person to fill such vacancy, who shall exercise all the powers and be subject to all the disabilities which pertain to such office under the statutes of this Commonwealth. And the person so appointed shall hold his said office until the first Wednesday in January succeeding his appointment.

vacancy by

SECT. 2. If a vacancy occurs in the office of county com- Filling of missioner or special commissioner in any county, and the suc- election. cessor of the person whose death, removal or resignation has caused such vacancy, would not be required by law to be chosen at the annual election in November following the occurrence of such vacancy, the board of examiners shall duly order said vacancy to be filled by election at the time of said annual election, whether said vacancy shall have been temporarily filled by an appointment under the provisions of section one of this act or otherwise; and they shall issue their warrant therefor to the mayor and aldermen of cities and selectmen of towns in such county, or in the county of Middlesex to the mayor and aldermen of cities and selectmen of towns therein, and of Revere and Winthrop, and the person chosen shall fill the office for the remainder of the term.

SECT. 3. The term of office of county commissioners and Term of office. special commissioners shall commence on the first Wednesday in January succeeding their election, and they shall hold their offices for the term of three years and until other persons are chosen and qualified in their stead.

423, § 201.

SECT. 4. Section two hundred and one of chapter four hun- Repeal of 1890, dred and twenty-three of the acts of the year eighteen hundred and ninety and all other provisions of law inconsistent herewith are hereby repealed.

SECT. 5. This act shall take effect upon its passage.

Approved March 31, 1892.

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