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" representative in the congress of the United States for the first congressional district," "governor of the State," "judge of the supreme court of appeals,” justice of the peace of said district," and so forth, as the case may be), A. B. received votes, C. D.
votes and E. F. votes," and so on throughout, stating, according to truth, the full name of every person voted for, for every office, and in words at length, the number of votes he received for the same; and concluding as follows: “Given under our hands this day of —” The said two certificates shall correspond in all respects with each other, and each shall contain complete returns of the polls taken at the said place of voting for every office to be filled. When the said certificates are signed, the ballots shall be enclosed by the commissioners in an envelope, which they shall seal up, and write their names across the place or places where it is sealed, and endorse on the outside of the said envelope as follows: "Ballots of the election held at , in the district of —, and county of the day of
day of —" The commissioners, or one of them, shall within four days, excluding Sundays, after the day on which the election was held, deliver the ballots so sealed up, one set of the pollbooks, and one of the said certificates, to the clerk of the county court, and the other certificate and set of the poll-books to the clerk of the circuit court.
MEETING OF COMMISSIONERS TO EXAMINE RETURNS.
21. The commissioners of the county court shall convene in special session at the court house on the fifth day (Sundays excepted) after every election held in their county, or in any district thereof, and the officers in whose custody the ballots, poll-books and certificates have been placed shall lay the same before them for examina-. tion. They may, if deemed necessary, require the attendance of any of the commissioners or
or other officers or persons present at the election, to answer questions under oath respecting the same, and may make such other orders as shall seem proper to procure correct returns and ascertain the true result of the said election in their county. They may adjourn from time to time, and when a majority of the commissioners is not present their meeting shall stand adjourned till the next day, and so from day to day till a quorum be present. They shall, upon the demand of any candidate voted for at such election, open and examine any one or more of the sealed packages of ballots and recount the same, but in such case they shall seal up the same again, along with the original envelope in another envelope, and the clerk of the county court shall write his name across the place or places where it is sealed, and endorse on the outside : “ Ballots of the election held at the district of , and county of —,
day of — When they have made their certificates and declared the result as hereinafter provided, they shall deposit the sealed packages of ballots in the otfice of the clerk of the county court, and said clerk shall carefully
preserve the certificates and poll-books deposited in his office. The sealed package of ballots and poll-books shall be preserved by him for one year, and if there be no contest pending as to any such election, they shall then be destroyed without opening the sealed package of ballots, and if there be such contest pending, then they shall be so destroyed as soon as said contest is ended. If the result of the election be not changed by such re-count, the costs and expenses thereof shall be paid by the party at whose instance the same was made.
CERTIFICATE OF THE RESULT IN THE COUNTY, ETC. 22. When an election is held in the county or district for any of the following officers, that is to say : For governor, state superintendent of free schools, treasurer, auditor, attorney-general, judge of the supreme court of appeals, judge of a circuit court, delegate, senator, clerk of the circuit court, clerk of the county court, commissioner of the county court, prosecuting attorney, sheriff, surveyor of lands, assessor, justice of the peace, constable, representative in the congress of the United States, or electors of president and vicepresident of the United States, the commissioners of the county court, or a majority of them, under the regulations prescribed in the next preceding section, shall carefully and impartially ascertain the result of the election in their county, and in each district thereof, and make out and sign as many certificates thereof as may be necessary, in the following form or to the following effect : “ The commissioners of the county court of the county of --, having carefully and impartially examined the returns of the election held in said county in each district thereof, on the day of —, do hereby certify that in said county for the office of --, A A-B -received votes, CD-received- - votes, and E
F -received -votes. That at said election held in the district of--, in the said county, for the office of — G-H--received
-yotes, and I--0-- received- votes. In witness whereof we, the said commissioners, have hereto signed our names this —— day of --."
.” The said commissioners shall sign separate certificates of the result of the election within their county for each of the offices specified in this section which is to be filled; and in the said certificates shall be set forth, according to the truth, the full name of every person voted for, and in words at length the number of votes he received for any office. COMMISSIONERS' CERTIFICATES ; TO WHOM SENT ; HOW DISPOSED OF ;
PROCEEDINGS THEREON. 23. The certificates of the commissioners, made pursuant to the preceding section, shall be by them disposed of as follows: Of the certificates respecting the election for delegate or delegates, they shall transmit one to the secretary of state, who shall submit the same to the house on the first day of the ensuing regular session, together with a list of the persons appearing thereby to be elected. The said commissioners shall also deliver one, if demanded, to each person appearing to them to have been elected as delegate Of the certificates respecting the election of senator, they shall transmit one to the secret rary of state, to be submitted by him to the senate on the first day of the ensuing regular session, together with a list of persons appearing thereby to be elected. One of the said certificates shall also be transmitted to each person voted for as senator. Of the certificates respecting the election for governor, state superintendent of free schools, auditor, treasurer and attorney-general, they shall be sealed up and transmitted by said commissioners to the secretary of state, endorsed on the envelope as follows : “ Returns of the election for governor, state superintendent of free schools, treasurer, auditor, and attorney-general.” The secretary of state shall deliver the same, unopened, to the speaker of the house of delegates on the first day of the next session of the legislature; and the speaker shall, immediately after the organization of the house, and before proceeding to other business, open and publish the same in the presence of a majority of each house of the legislature, which bodies shall, for that purpose, assemble in the hall of the house of delegates. The person having the bighest number of votes for either of said offices shall be declared duly elected thereto; but if two or more persons have an equal and the highest number of votes for the same office, the legislature shall, by a joint vote of the two houses, choose one of said persons for said office. Of the certificates respecting the election for judge of the supreme court of appeals, judge for a judicial circuit, representative in the congress of the United States, and electors of president and vice president of the United States respectively, the commissioners shall transmit one in each case to the governor,
who shall ascertain who are elected, and make proclamation thereof. In every case the said certificates shall be transmitted, as aforesaid, by mail, or some other safe and expeditious mode of conveyance, to the proper officer or person, on or before the fifth day, Sundays excepted, atter the result of the election is ascertained, in an envelope under seal, and one of said commissioners shall write his name across the place where it is sealed. That of the certificates respecting the election of each of the county and district officers aforesaid, one shall, in each case, be delivered to and kept by the clerk of the county court, and the other delivered to the person elected.
DECISION IN CASE OF AN EQUALITY OF VOTES,
21. When the governor or the commissioners of a county court are to declare the result of an election, and it appears to them that two or more of the persons voted for have received an equal number of votes, so that the election to the office is not decided by the returns, they shall decide the tie by electing one of said persons.
DECLARING THE RESULT OF THE ELECTION FOR COUNTY AND DIS
TRICT OFFICERS IN CASES OF CONTEST. 25. In all contested cases the county court shall be the judge of the election, qualification and return of its own members, and of all county and district officers.
EFFECT OF RECEIVING ILLEGAL OR REJECTING LEGAL VOTES. 26. Though illegal votes be received, or legal votes rejected at any place of voting, the returns of the votes taken at such place shall not be set aside for that cause, but it may be shown by proper evidence before the final judges of election for whom such illegal votes, or any of them, were cast, or for whom the legal votes which were rejected would have been given, and so far only as is so shown the returns shall be corrected.
ELECTIONS IN CITIES VOTING AT GENERAL ELECTIONS BY WARDS. 27. The corporate authorities of every city voting at general elections by wards shall perform the duties in relation to such elections required of county courts by the fifth and sixth sections of this chapter, and the provisions of said sections, so far as applicable, shall govern the said corporate authorities in their action, and the commissioners of elections appointed by them, in the discharge of their duties.
COMPENSATION OF COMMISSIONERS, CANVASSERS AND CLERKS. 28. Every commissioner, canvasser and clerk, appointed under the provisions of this chapter, shall be allowed one dollar and fiity cents for each day he shall serve as such. Such allowance, as well as all other expenses attending the elections held in the county, shall be audited by the county court and paid out of the county treasury.
ACTS REPEALED, 2. All acts and parts of acts, inconsistent with the provisions of this chapter, are hereby repealed.
(Acts 1831, p. 106.) VACANCIES IN OFFICE.
GENERAL RULE IN RELATION TO VACANCIES.
1. Elections to fill vacancies shall be for the unexpired term ; and shall be held at the same places as other elections and superintended, conducted and returned, and the result ascertained, certified and declared in the same manner and by the same officers; and the persons elected, having first duly qualified, shall enter upon the duties of their respective offices,
VACANCY IN OFFICE OF GOVERNOR.
2. In case of the death, conviction, or impeachment, failure to qualifv, resignation or other disability of the governor, the president of the senate shall act as governor until the vacancy is filled or the disability removed ; and if the president of the senate, for any of the above named causes shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house of delegates; and in all other cases where there is no one to act as governor, one shall be chosen by the joint vote of the legislature. Whenever a vacancy shall occur in the office of governor before the first three years of the term shall have expired, a new election for governor shall take place to fill the vacancy. If the vacancy occur more than forty days next preceding a general election, the vacancy shall be filled at such election and the acting governor for the time being shall issue his proclamation accordingly, which shall be published in one newspaper in each county, where such paper is published, at least once in each week, for four successive weeks prior to said election. “But if it occur less than forty days next preceding such general clection such acting governor shall issue his proclamation fixing a time for the election to fill such vacancy, which shall be published as herein before provided ; and it shall be the duty of the commissioners of elections in each county to hold the said election accordingly. VACANCY IN THE OFFICE OF AUDITOR, TREASURER, STATE SUPER
INTENDENT OF FREE SCHOOLS AND ATTORNEY-GENERAL. 3. If the office of auditor, treasurer, state superintendent of free schools or attorney general shall become vacant by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified. If such vacancy occur not more than forty days next preceding a general election, the person so appointed shall hold his office for the unexpired term, but if it occur more than forty days next preceding such election, it shall be filled by a vote of the people at such election, and the governor shall issue his proclamation accordingly. Said proclamation shall . be published at least once in each week for four successive weeks in one newspaper printed in each county, wherein such paper is printed prior to said election.
VACANCY IX OFFICE OF JUDGE OF THE SUPREME COURT OF AP
PEALS AND CIRCUIT COURT.
4. If from any cause a vacancy shall occur in the office of judge of the supreme court of appeals, or judge of a circuit court, the governor shall issue a writ of election to fill the vacancy at the next general election, for the residue of the term, and in the meantime, he shall fill such vacancy by appointment until a judge is elected and qualified. But if the unexpired term be less than two years, the governor shall fill such vacancy by appointment