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members elected thereto, with the districts they represent, in accordance with the returns in his office.
SEC. 101. The Secretary of State shall prepare lists of the names of the electors of President and Vice-President of the United States, elected at any election, procure thereto the signature of the Governor, affix the seal of the State to the same, and deliver one of such certificates thus signed to each of said electors on or before the second Wednesday in December next after such election.
SEC 102. There shall be an election held in this State for the election of such electors, at the times appointed by any law of the Congress or the Constitution of the United States for such election, and when such election shall be special, the same shall be called, held and the votes polled, canvassed in all respects as at a general election, and the duties of the electors so elected shall be the same as prescribed by law for electors elected at a general election.
Sec. 103. Whenever the judges of election in any precinct or ward discover in the canvassing of votes that the name of any candidate voted for be misspelled, or the initial letters of his Christian name or names be transposed or omitted in part, or altogether, on the ballot, the vote or votes for such candidate shall be counted for him, if the intention of the elector to vote for him be apparent; and whenever the board of county canvassers, or of State canvassers, shall find the returns from any precinct, ward, county or district (as the case may be), do not strictly conforin to the requirements of law, in the making, certifying and returning the same, the votes polled in such precinct, ward, county or district shall, nevertheless, be canvassed and counted, if such returns shall be sufficiently explicit to enable such boards, or any person or persons authorized to canvass votes and returns, to determine therefrom how many votes were polled for the several persons who were candidates and voted for at the electiou of which the votes are being canvassed. SEC. 104.
If upon proceeding to canvass the votes it shall clearly appear to the canvassers that in any statement produced to them certain matters are omitted in such statement which should have been inserted, or that any mistakes which are clerical, merely, exist, they shall cause the said statement to be sent by one of their number (whom they shall depute for that purpose) to the precinct or ward judges, or to the county hoard of canvassers (as the case may be) from whom they were received, to have the same corrected; and the judges of election or county auditor, (as the case may be), when so demanded, shall make such correction as the facts of the case require, but shall not change or alter any decision before inade by them, but shall only cause their canvass to be correctly stated; and the canvassing board may adjourn from day to day for the purpose of obtaining and receiving such statement: Provided, always, That they shall not delay counting, past the day provided by law for the completion of the cap vass.
Removal of County Seats. SEC. 105
All elections for the removal of county seats shall be held at the same time and place at which general elections are held.
SEC. 106. Public notice shall be given of the intention to circulate a petition praying for the removal of the county seat of any county from its then present location to some other point within said county, and in said petition designated, at least ten days before the same is circulated, by pub.
lication in some newspaper printed in the county (if there be one), and by posting three printed notices in three public places at the county seat, and a like number at the place to which the county seat is proposed to be removed, in which notices the intent of said petition shall be set forth; and all signers to such petition or petitions shall be void and stricken from such petition if procured six inonths before the first day of the term of court at which the application is to be made; and whenever such petition or petitions, addressed to the district court of such county, and stating the time when such election shall be held, shall be signed by a number of legal voters of said county, equal in number to a majority of all votes cast at the last general election therein, and shall be filed in the office of the clerk of the district court of said county, not less than twenty nor more than forty days before the first day of the term of said court next preceding the next general election, unless said term commences after the first day of October, then, in such case, the next preceding term. Such petition shall be deemed a proposal to remove the county seat of such county, and the point designated in said petition shall be deemed and taken as fixed by said petition, in pursuance of law, whenever the court shall order an election to such point as hereinafter provided, as the point to which it is proposed to remove the county seat of such county.
Each petitioner signing such petition shall write, or cause to be written, opposite to his name on said petition, the name of the city and ward in which he then resides, if he resides in a city; or, if he does not reside in a city, then the name of the precinct in which he resides at the time of signing such petition; and no person shall sign such petition unless he shall be, at the time, a legal voter at general elections.
Sec. 108. Said petition or petitions shall, after they are filed in the office of the clerk of the district court of the county, be open to inspection of any and all citizens of the county, but shall not be removed therefrom.
SEC. 109. Any citizen and legal voter at general elections in said county may contest the right of any person whose name is subscribed to said petition, to sign such petition under this Act. And shall have the right to contest said petition as to any names subscribed thereto that he shall have good reason to believe are fictitious: Provided, He shall, ten days before the first day of the term of said court, file in the office of the clerk of the district court of such county a list of the names of the persons whose right to sign said petition he is desirous of contesting, together with his affidavit indorsed thereon, that he has good reason to believe, and does verily believe, that such persons named in said list are not legal voters of such county and had no right in law to sign such petition; and shall also file in the office of said clerk, ten days before said term of said court, a list of such names as he has reason to believe are fictitious, together with his affidavit, that he has good reason to believe, and does verily believe, that such names are fictitious; and such persons shall have the right to contest such petitions only as to the names included in said lists.
Sec. 110. It shall be the duty of said court, on the first day of, and during said term of court, to hear all evidence for and against said petition or petitions as to the lists of names filed in said court under this Act. And to strike froin such petition or petitions all names proven by competent evidence to be fictitious, and the names of persons having no legal right to sign the same under this Act. And in case there shall be no contest, or if the court finds, after striking from said petition or petitions all names proven to be fictitious, and all names not legally signed thereto, that it still contains the number of names of legal voters required by this Act, the court shall order said election according to the prayer of said petition; in case of a contest to said petition or petitions, it shall be the duty of the clerk of said court, on request of the persons contesting any petition under the provisions of this Act, to issue subpoenas for such witnesses as said persons shall name; and it shall be the duty of said clerk, on request of any legal voter of the county for the purpose of sustaining any petition, in like manner to issue subpoenas for such witnesses as he shall name. Said subpoenas to be made returnable to the term of court at which such contest will be made.
SEC. III. All cases of contest arising upon said petitions or affidavits shall have precedence over all other cases at said term of said court, and shall be heard and determined at said term, and the decision of the court shall be final.
SEC. 112. The voting for the removal of any county seat shall be by ballot, and each ballot shall have printed or written thereon
thereon the words stated in section 118 of this Act. Such ballot shall be smaller than the general election ballots, and shall be officially stamped, and there shall be printed or written thereon the words “County Seat Ballot," and any elector who is registered, as in this Act provided, and who, in addition to being qualified to vote for county officers, has resided in the county six months and in the precinct ninety days, shall be permitted to vote for or against the removal of the county seat, by handing to one of the judges of election a county seat ballot, at the same time announcing that he is entitled to vote on the question of the removal of the county seat. And if the judges of election are of the opinion that the said elector is entitled to vote on the question of the removal of the county seat, his ballot shall then be deposited in the ballot box, and the clerks of election shall write opposite his name in brackets the words ("County Seat'') or (County Division), as the case may be.
Sec. 113. Any person who offers to vote on the question of the removal of the county seat may be challenged by any person and for any of the reasons allowed for other challenges, and the rules provided for other challenges shall apply to such challenges. SEC. 114.
The returns for county seat elections shall be canvassed by the same officers and in the same manner as the returns for county and precinct officers are canvassed, and the result of the vote for the removal of the county seat shall be officially declared by the county board of canvassers in the following manner:
They shall record the total votes cast in each ward, or precinct, both for and against the proposed removal upon the book provided for recording the results of the general election. This record shall be made upon a separate page, or pages, of sal book, and after the record is complete and the total result known, they shall make a complete copy of such record, certified to by each member of the board. They shall deposit this certificate with the county auditor, who shall, without delay, file the same with the clerk of the district court which authorized the election, and the auditor shall also cause a copy of the certificate to be published in some newspaper of general circulation in the county.
When the attempt has been made to remove the county seat of any county, as in this Act provided, and the county board of canvassers
have found and declared that two-thirds of the voters of the county who have voted for or against such removal have voted in favor of such removal, then said county seat of said county is thereby removed to the point named in the petition.
Alteration of County Lines. Sec. 116. Whenever the Legislature has enacted that a part of any county is stricken off from any county, and annexed to an adjoining county, the provisions of the Constitution being complied with, the qualified electors who have resided ninety days next preceding the first general election after the passage of this Act within the boundary lines of the territory stricken off and annexed, shall be permitted to vote at said general election, for or against said annexation. And if a majority of said electors voting at said election vote in favor of annexation, said territory is then stricken off and annexed, as provided in this Act: Provided, That all the requirements of the Constitution have been complied with.
The rules and regulations for voting at county seat elections, as provided in this Act, so far as they apply to ballots-voting, challenging and canvassing the returns—and declaring the result, shall apply to elections for the striking off of any part of any county and annexing the same to any adjoining county.
SEC. 118. It shall be the duty of the auditor of the county wherein it is proposed to hold an election for the removal of the county seat, or changing county lines, to cause to be printed separate ballots at the same time and in the same manner as ballots for the general election are printed.
Such separate ballots shall be three inches square, or as near this size as practicable, and on one side there shall be printed the following words:
For removal of the county) No.
) Yes. (as the case may be.)
And the Auditor shall send an equal number of these special ballots, with the ballots furnished for the general election, to each voting precinct of the county and at the same time,
On Contesting Elections.
The election of any person to any public office, the location or re-location of a county seat, or any proposition submitted to a vote of the people may be contested:
FIRST.–For malconduct, fraud, or corruption on the part of the judges of election in any precinct, township or ward, or of any board of canvassers, or any member of either board, sufficient to change the result.
SECOND.-When the incumbeut was not eligible to the office at the time of the election,
Third.—When the incumbent has been convicted of felony, unless at the time of the election he shall have been restored to civil rights.
FOURTH.-- When the incumbent has given or offered to any elector, or any judge, clerk, or canvasser of the election, any bribe or reward in money, property, or anything of value for the purpose of procuring his election.
FIFTH.— When illegal votes have been received or legal votes rejected at the polls sufficient to change the result.
error in any board of canvassers in counting votes or in declaring the result of the election, if the error would change the result.
SEVENTH.—When the incumbent is in default as a collector and custodian of public money or property.
EIGHTH.–For any cause which shows that another person was legally elected. SEC. 120.
The term "incumbent in this chapter meaus the person whom the canvassers declare elected.
SEC. 121. When the misconduct complained of is on the part of the judges of election, it shall not be held sufficient to set aside the election, unless the vote of the precinct, township or ward would change the result as to that office.
Sec. 122. The Legislature, in joint meeting, shall hear and deterinine cases of the contested election for all officers of the executive department. The meeting of the two houses to decide upon such elections shall be held in the House of Representatives, and the speaker of the House shall preside.
Sec. 123. The Senate and House of Representatives shall severally hear and determine contests of the election of their respective members.
Sec. 124. The Supreme Court shall hear and determine contests of the election of Judges of the Supreme Court, judges of the district courts, and district attorneys; and in case they shall disagree, the Governor shall act with them in determining the contest, but no Judge of the Supreme Court shall sit upon the hearing of any case in which he is a party.
Sec. 125. The district courts of the respective counties shall hear and determine contests of election in regard to the removal of county seats, and in regard to any other subject which may by law be submitted to the vote of the people of the county, and the proceedings therein shall be conducted as near as may be hereinafter provided for contesting the election of county officers.
SEC. 126. The district courts shall hear and determine contests of all other county, township and precinct officers, and officers of the cities and incorporated villages within the county.
Whenever any elector of this State chooses to contest the validity of the election of any of the officers of the executive department of the State, or whenever any elector of the proper county or district chooses to contest the election of any member of the Legislature from such county or district, such person shall give notice thereof, in writing, and leave a copy thereof with the person whose election he intends to contest, within twenty days after the election; if the person cannot be found in his district, then a copy to be left at his last place of residence in the district, naming the points on which the election shall be contested, and the name of some person authorized by law to administer oaths, selected by him to take the depositions, and the time and place for the taking of the same; the adverse party may also select one such person on his part to attend at the time and place of taking such depositions.
SEC. 128. The notice provided for in the preceding section shall be served at least ten days before the day fixed for the taking of depositions. The said two persons selected as aforesaid to take the depositions shall