TITLE II. CHAPTER 7.

Statement of

votes for electors

of president &c.,

how to be trans

mitted.

Certain boards

appoint messenger, &c.

SEC. 16. Each county clerk, immediately after he shall receive from the board of county canvassers a statement of the votes given for electors of president and vice president, shall make out three copies thereof, and certify the same under his hand and seal of office to be true copies, and shall send by mail, one to the governor, and one to the secretary of state, and shall deliver the other to the special messenger hereinafter mentioned.

SEC. 17. Each of the boards of county canvassers in the counties of canvassers to of Berrien, Van Buren, Allegan, Ottawa, Saginaw, and Chippewa, when there shall have been an election for electors of president and vice president, shall, immediately after closing the canvass, appoint some suitable person as a special messenger to carry copies of the statements of votes given for such electors, to the secretary of state, as hereinafter directed.

Duty of messenger appointed in Berrie n.

Duty of messenger appointed in Van Buren.

Duty of messenger appointed in Allegan.

Duty of messenger appointed in Ottawa.

Duty of messen. ger appointed in Saginaw.

Duty of messen.

Chippewa.

SEC. 18. The messenger appointed by the board of canvassers in the county of Berrien, shall forthwith after his appointment, call upon the several county clerks in the counties of Berrien, Cass, St. Joseph, Branch, Hillsdale, Lenawee, and Monroe, and obtain copies of the statements of votes given in those counties respectively for electors of president and vice president, and without delay carry and deliver them to the secretary of state.

SEC. 19. The messenger appointed by such board in the county of Van Buren, shall forthwith after his appointment, call upon the several county clerks in the counties of Van Buren, Kalamazoo, Calhoun, Jackson, Washtenaw and Wayne, and obtain copies of such statements of votes given in those counties respectively, and without delay carry and deliver them to the secretary of state.

Sec. 20. The messenger appointed by such board, in the county of Allegan, shall forthwith after his appointment, call upon the several county clerks in the counties of Allegan, Barry, Eaton, Ingham, Livingston and Oakland and obtain copies of such statements of votes given in those counties respectively, and without delay carry and deliver them to the secretary of state.

SEC. 21. The messenger appointed by such board in the county of Ottawa, shall forthwith after his appointment, call upon the several county clerks in the counties of Ottawa, Kent, Ionia, Clinton and Shiawassee, and if there shall hereafter be any counties organized north of, and adjoining those last mentioned, he shall call upon the clerks of such counties also, and obtain copies of such statements of votes given in those counties respectively, and without delay carry and deliver them to the secretary of state.

SEC. 22. The messenger appointed by such board in the county of Saginaw, shall forthwith after his appointment, call upon the several county clerks in the counties of Saginaw, Genesee, Lapeer, St. Clair and Macomb, and if there shall be any counties organized north of, and adjoining those last mentioned, he shall call upon the clerks of such counties also, and obtain copies of such statements of votes given in those counties respectively, and without delay carry and deliver them to the secretary of state.

SEC. 23. The messenger appointed by such board in the county of ger appointed in Chippewa, shall forthwith after his appointment, call upon the clerks of the counties of Chippewa and Mackinaw, and if there shall be any counties organized within the territory now embraced in, or annexed to either of said last mentioned counties, he shall call upon the clerks

of such counties also, and obtain copies of such statements of votes given in those counties respectively, and without delay carry and deliver them to the secretary of state.

not

TITLE II. CHAPTER 8.

messengers.

SEC. 24. The messengers aforesaid shall receive for their services, Compensation of such compensation as the auditor general shall deem reasonable, exceeding twenty cents a mile for travelling to the office of the secretary of state, to be audited by the auditor general on the certificate of said secretary that the services have been performed, and paid out of the state treasury.

against amend

&c.

SEC. 25. Whenever any amendment shall have been proposed to Votes for and the constitution, and agreed to and submitted to the people pursuant ments to constito the provisions of the thirteenth article of the constitution, if the tution, how tavote thereon shall be required to be taken at the general election, the ken, canvassed, votes of the electors for and against such amendment shall be taken, canvassed, certified and recorded, and certified copies of the statements thereof shall be made and transmitted by the several county clerks to the governor, secretary of state, and auditor general, at the same time, and in the same manner as the votes for representatives in congress are by law required to be taken and canvassed, and statements thereof to be certified, recorded, and transmitted.

CHAPTER 8.

OF THE DISTRICT CANVASS.

SECTION 1. In each election district, for the election of representatives or senators in the state legislature, the limits of which shall be greater than those of a county, there shall be a board of district canvassers, and the clerks of the several counties within the district, the associate judges of the circuit court, and the sheriff of the county in which the meetings of the board are to be held, shall constitute such board.

District canvass

ers.

SEC. 2. Any three of said canvassers shall be a quorum for the Quorum of board transaction of the business of said board; and in case there shall not be three of the members of such board present at any such meeting, the judge of probate or register of deeds of the county where any such meeting is appointed to be held, or both of them, may act as members of such board, and with the other members in attendance, shall form a board of not less than three in number.

Times and places

of meeting.

SEC. 3. The board shall meet in the district for the election of representatives in the state legislature, on the Tuesday next after the day on which the county canvass is appointed to be made, and in districts for the election of senators, on the third Tuesday after the county canvass, at the office of the clerk of the county in such dis- 1841, p. 190. trict having the greatest number of inhabitants according to the last preceding census.

ment.

SEC. 4. If either of the county clerks shall be unable to attend such If county clerk unable to attend, canvass on the day appointed therefor, he shall, on or before that to deliver stateday, cause to be delivered at the office of the clerk of the county in which such meeting is to be held, the original statement of votes giv- 1841, p. 190. en in his county for the officers to be elected in such district, which statement shall be laid before said board,

TITLE II.

CHAPTER 9.

Proceeding of

canvassers.

Board to deter mine persons elected, &c.

Duty of county clerk in relation

SEC. 5. The canvassers shall then proceed to examine the statements of the votes given in the several counties in the district, and ascertain and determine what persons have been elected, and to what offices, and shall draw up a statement thereof in words at length, which statement shall contain the whole number of votes given in the district for each office, and the names of the persons to whom such votes were given; and such statement shall be certified to be correct, and be subscribed by the said canvassers.

SEC. 6. The canvassers shall then determine the persons elected to the several offices within the district, as shall appear by such statement, and shall certify such determination under their hands, and annex the same to their said statement, and deliver the same to the clerk of the county in which their meeting shall be held, who shall file the same in his office; and said board shall cause a copy of such statement and certificate to be forthwith published in some newspaper printed in the district.

SEC. 7. The county clerk by whom the said statement and certifito statements, &c cate thereto annexed shall be filed, shall, without delay, transmit by mail to the secretary of state, a copy of such statement and certificate of determination, certified by him under his hand and seal of office; and he shall also, without delay, prepare and certify as many copies of such certificate of determination, as there are persons stated therein to have been elected, and cause one of said copies to be delivered to each person so determined to be elected.

State canvassers

Secretary of state to record state ments sent him.

When secretary 30 call on gover

CHAPTER 9.

OF THE STATE CANVASS.

SECTION 1. The secretary of state, the auditor general and the state treasurer shall be the board of state canvassers, any two of whom shall be a quorum for the transaction of business; and if only one of said officers shall attend on the day appointed for a meeting of the board, the attorney general, on being notified by the officer so attending, shall, without delay, attend with such officer, and with him shall form the board.

SEC. 2. The secretary of state, on the receipt of the certified copies of the statements of votes given in the several counties, directed by law to be sent to him by the county clerks, shall record the same in a suitable book to be kept by him for that purpose.

SEC. 3. If, from any county clerk no such statement, other than of nor for statement. the votes given for electors of president and vice-president, shall have been received by the secretary of state on or before the second Monday of December next after the general election, and on or before the thirtieth day after a special election, he shall call upon the governor and receive from him the statement from such county clerk, if the governor shall have received one.

When secretary

uessenger to ob

SEC. 4. If, from any county clerk, neither the governor, the secretashall send special ry of state, nor the auditor general, shall have received such statement tain statement. by the day last mentioned, the secretary of state shall forthwith send a special messenger to obtain such statements and certificates from such county clerk; and such clerk shall immediately, on demand being

made by such messenger at his office, make out and deliver to him the statements and certificates required.

TITLE II.

CHAPTER 9.

point meeting of

SEC. 5. For the purpose of canvassing and ascertaining the result Secretary to apof elections other than for electors of president and vice-president, the board, &c. the secretary of state shall appoint a meeting of the state canvassers to be held at his office on or before the fifteenth day of December next after a general election, and within forty days after a special election, and shall notify the other members of the board accordingly.

ine and make

sentative in con

SEC. 6. The said board of canvassers, when formed as aforesaid, Board to examshall proceed to examine the statements received by the secretary of statement of state, of the votes given in the several counties, and make a statement votes for repreof the whole number of votes given for the office of representative in gress. congress in each congressional district; which statement shall show the names of the persons to whom such votes shall have been given for said office, and the whole number of votes given to each.

1813, p, 37.

certify statement

ted.

SEC. 7. The said canvassers shall certify such statement to be cor- Canvassers to rect, and subscribe their names thereto, and they shall thereupon de- and determine termine what persons have been by the greatest number of votes du- the persons elecly elected to such office, and make and subscribe on such statement a certificate of such determination, and deliver the same to the secretary of state.

SEC. 8. The said board of canvassers shall have power to adjourn Adjournments. from day to day, for a term not exceeding five days.

cord statement of canvassers, &c.,

and cause same

to be published.

SEC. 9. The secretary of state shall record in his office, in a book Secretary to reto be kept by him for that purpose, each certified statement and determination so made and delivered to him by the canvassers, and shall, without delay, make out and deliver to each of the persons thereby declared to be elected, a copy of such determination, certified by him under his seal of office; and shall also forth with cause a copy of such certified statement and determination to be published in the state paper.

of president, &c,

SEC. 10. For the purpose of canvassing and ascertaining the votes Votes for electors given for electors of president and vice president, said board shall when and how meet on the Wednesday next after the third Monday of November, canvassed. or on such other day before that time as the secretary of state shall appoint; and the powers, duties, and proceedings of said board, and of the secretary of state, in examining, ascertaining, determining, certifying and recording the votes and results of the election of such electors, shall be in all respects, as near as may be, as hereinbefore provided in relation to the examining, ascertaining, determining, certifying, and recording the votes and results of the election of representatives in congress.

be transmitted to persons elected.

SEC. 11. The secretary of state shall, without delay, cause a copy Certified copy of of the certified determination of the board of state canvassers, decla- determination to ring the persons elected as such electors, to be transmitted and delivered by special messengers or otherwise, to each of the persons so declared to be elected, which copies shall be certified under his hand and seal of office.

ceive statement

amendment to constitution.

SEC. 12. For the purpose of canvassing and ascertaining the result State canvassers of the vote taken at any general election, upon any proposed amend- to meet and rement to the constitution, the secretary of state shall appoint a meet- of votes on ing of the state canvassers to be held at his office, on or before the fifteenth day of December; at which meeting the said secretary shall lay before the board the statements received by him of the votes given in the several counties for and against such amendment.

TITLE II.

CHAPTER 10.

Board to ascertain and determine result.

be recorded by secretary, and published with laws.

SEC. 13. The board shall then proceed to examine such statements and to ascertain and determine the result, and shall make and certify under their hands, a statement of the whole number of votes given for, and the whole number of votes given against such amendment; and they shall thereupon determine whether such amendment has been approved and ratified by a majority of the electors voting thereon, and shall make and subscribe on such statement a certificate of such determination, and deliver the same to the secretary of state.

SEC. 14. The secretary of state shall record in his office, in a book Determination to to be kept by him for that purpose, such certified statement and determination; and if it shall appear that such amendment has been approved and ratified as aforesaid, he shall also record such determination in the book in which the original acts of the legislature are recorded, and shall cause the same to be published with the laws enacted by the legislature at the next succeeding session thereof,

Unorganized counties.

Oath of clerks

elections.

Compensation of county canvass ers, &c.

CHAPTER 10.

MISCELLANEOUS PROVISIONS RELATING TO ELECTIONS.

SECTION 1. 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 the general or special election.

SEC. 2. The oath directed in this title to be taken by persons choand inspectors of sen to be inspecters, or appointed clerks of elections, shall be in the form prescribed in the twelfth article of the constitution of this state. SEC. 3. Each county canvasser, sheriff and county clerk, shall receive such reasonable compensation for his 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. SEC. 4. Each district canvasser, county clerk, or other person employed in canvassing and returning the result of elections required by law to be certified by district canvassers, shall receive such compensation as the auditor general shall deem reasonable, to be paid out of the state treasury.

District canvassers, &c., how paid.

Civil process, when not to be served.

Term of office

SEC. 5. During the day on which any election shall be held, pursuant to the provisions of law, no civil process shall be served on any elector entitled to vote at such election.

SEC. 6. When any person shall be elected to fill a vacancy in any when elected to elective office, he shall hold the same only during the unexpired portion of the regular term limited to such office, and until his successor shall be elected and qualified.

fill vacancy.