County Sites and Courthouses, Changing and Locating; Election for. must remove such commissioner and appoint another in his stead, who shall qualify as provided in the preceding sections.

117, $4.

182. Fixing time for holding election.—Within thirty days Mar. 3, after their appointment and qualification, said board of com- 1903, p. missioners shall, in writing, order and fix the time for the holding of an election in the several precincts or wards of the county, which date for holding such election shall not be less than sixty days nor more than one hundred and twenty days from the time of making said order.

183. Notice of election; contents and publication of.-Said Ib., § 4. commissioners shall give notice thereof by publishing a copy of said order for four consecutive weeks in a newspaper published in the county, or, if there be no newspaper published in the county, by posting a copy of said order at the courthouse and at five other public places in the county, such publication to begin or such notices to be posted within fifteen days from the time of making said order.

to

184. Form of order. The order may be substantially as 1.. $4. follows: Order for county seat election. The State of Alabama, county. A majority of the qualified electors of this county having petitioned the governor praying that an election be held in this county on the question of removing the county seat from in this county; and the governor having appointed the undersigned as the board of commissioners of county seat election, as provided by law: It is hereby ordered that an election be held at the usual voting places in this county, by the qualified electors thereof, on Tuesday, the 19-, between the hours of 9 a. m. and 5 p. m., on the question of such removal, at which election the elector who desires that the county site shall remain at shall have written or printed on his ballot the words: "Against removal;" and the elector who desires that the county seat shall be removed to shall have written or printed on his ballot the words: "For removal to "Done this, the day the board of com

of

19

day of

(Signed missioners of county seat election.

185. Election managers and officers; how appointed.-Be- Ib., § 5. tween ten and thirty days prior to the day appointed for such election the said board of commissioners shall appoint three inspectors, two clerks and one returning officer to hold and conduct said election for each of the voting places in the county. One of said inspectors and one of said clerks for each voting place shall be appointed as recommended for that purpose by qualified electors favoring such removal, and one of said inspectors and one of said clerks for each voting place

Mar. 3,

1903, p. 117, § 5.

Ib., § 6.

Ib.

Ib., § 7.

County Sites and Courthouses, Changing and Locating; Election for.

shall be appointed as recommended for that purpose by qualified electors opposing removal, and the third inspector and returning officer for each voting place shall be selected by the board of commissioners. But if there shall be a bona fide organization of electors favoring such removal, or such organization opposing such removal, one or both, the chairman or head of such organization shall have the superior right to thus recommend persons for appointment as inspector and clerk as herein provided, and the persons recommended by each chairman, respectively, or by either of them, must be appointed; each side shall have full and fair representation in the conduct of said election.

186. Commissioners notify managers and officers of election. Said board of commissioners shall notify or cause to be notified the persons so appointed as inspectors, clerks and returning officer, for each voting place in the county prior to the day appointed for the election.

187. Officers of elections meet at polling places. The inspectors, clerks and returning officers thus appointed must meet at the place of holding elections in the several precincts. or wards for which they are appointed, by 9 o'clock a. m. of the day of the election, and before 10 o'clock open the several polling places.

188. Officers failing to attend, appointment of others. On the failure of any inspector or clerk to attend at the hour of 9, the inspector or inspectors present shall complete the number by appointing a qualified elector in the place of each inspector or clerk so absent, every such appointment to be so made that each side shall have representation in the person of at least one inspector and one clerk, and to that end the inspector or inspectors making such appointments shall observe the recommendations of a majority of the electors present favoring the side for which such absent inspector or clerk was appointed, if they shall make such recommendation. If no inspector is present at the hour of 9 as aforesaid, then a majority of the qualified electors then present who favor removal shall select one inspector, and a majority of the qualified electors then present who oppose removal shall select one inspector, and the two inspectors thus selected shall select a third inspector. If the returning officer is absent the inspectors shall appoint a qualified elector to serve as returning officer.

189. Oaths of election managers.-Before entering upon their duties the inspectors, clerks, and returning officer must take an oath to perform their duties pertaining to said election honestly, faithfully, and impartially and according to

County Sites and Courthouses, Changing and Locating; Election for. law, which oath may be administered by any officer authorized by law to administer oaths or by any one of the inspectors. 190. Opening polls.-The inspectors, before they commence Mar. 3, receiving ballots, must cause it to be proclaimed aloud at the place of voting that the election is opened.

1903, p.

117, § 8.

191. Form of ballot.-Each qualified elector shall be enti- Ib., § 9. tled to cast one ballot, and no more, which ballot must be a paper ticket on which must be written or printed the words, For removal to → ," or the words, "Against removal." as the elector may desire to vote. No official ballot shall be required nor shall any ballot be rejected for the want of form if the inspectors are able to determine therefrom how the elector intended to vote.

192. Numbering ballots; poll list.—The name of each elector Ib., § 10. whose ballot has been received must immediately be taken down by each clerk on separate lists, which shall be known as the poll list; and the number of the order in which each elector votes must at the same time be entered by each clerk against his name, the first elector voting being numbered one, the second number two, and so on to the last elector voting, and one of the inspectors shall correctly number each ballot with the number to correspond with the number opposite the elector's name on the poll list.

193. Registered voters; certified list of.-The judge of pro- Ib., § 11. bate must furnish to the board of commissioners provided for in this article a duly certified list of the registered voters in each precinct or ward in the county on request of said commissioners or either of them, and the payment of one cent for each name contained in such list, to be paid out of the county treasury on order of the commissioners; which said lists the commissioners aforesaid shall cause to be placed in the hands of the inspectors of the respective precincts or wards or other voting places prior to the day of said election, and no person shall be entitled to vote in said election whose name does not appear as that of a duly registered elector on said list, unless he shall produce to the inspectors a certificate of registration showing his right to vote therein; and no person liable to poll tax shall vote in said election unless he shall produce to the inspectors the receipt of the tax collector showing that he has paid such poll tax as required by law, or shall state under oath to be administered by one of the inspectors that he has paid, on or before the first day of February next preceding the election at which he offers to vote, all poll taxes due from him for the year 1901 and for each subsequent year, which statement so made under oath shall be sufficient evidence of the payment of poll taxes.

Mar. 3,

p.

117, § 12.

County Sites and Courthouses, Changing and Locating; Election for.

194. Statement of vote and returning certificate.-Immedi1903, P. ately on the closing of the polls, the inspectors must count the ballots and certify the number of votes cast "For removal to" and the number of votes cast "Against removal,' and certify on one of the poll lists that such poll list is the poll list of the election precinct or voting place at which they were inspectors and the day and year on which said election was held, and such statements of the votes and poll lists, together with the ballots cast in said election, they shall securely seal up in an envelope or other wrapper or receptacle and label the same so as to show the precinct or ward in which said ballots were cast, and deliver the same to the returning officer, and said returning officer must, within twenty-four hours thereafter, deliver the same to the said board of commissioners, at the courthouse of the county.

Ib., § 13.

Ib.

Ib., § 14.

195. Receiving returns and counting votes by board; time, place. The board of commissioners shall meet at the courthouse of the county on the next day after the day on which such election is held, and there remain and receive the returns from the several returning officers; and on the second day after the day on which such election is held, the commissioners shall meet at the courthouse at 12 o'clock meridian, and in the presence of such persons as may choose to attend, the said board shall make a correct statement from the returns of the several precincts and wards of the county of the whole number of votes cast "For removal to ." and the whole number of votes cast "Against removal," and shall then and there make in writing a public declaration of the result of said election.

196. Returns destroyed, withheld or delayed. If it shall be made to appear to said board that the returns from any precinct or ward are destroyed or withheld, or the delivery thereof purposely delayed or prevented, said board shall take such steps as in their judgment may be necessary in order to secure correct returns thereof, and to that end they may examine witnesses under oath, which oath may be administered by one of the commissioners touching the number of votes cast in such precinct "For removal to "' and the

number cast "Against removal," and such votes shall be included in their statement. Said board shall reject any ballots shown to be illegal and shall count all legal ballots.

197. Declaration of vote.-The board of commissioners, upon the conclusion of canvassing said returns, shall certify in writing the result of said election, a copy of which shall be filed and recorded in the office of the judge of probate of the county and another copy published by at least one insertion

County Sites and Courthouses, Changing and Locating; Election for.

in a newspaper published in the county, if there be such news

paper.

1903. p.

117, § 15.

198. Returning officer; powers, etc.-The returning officer Mar. 3, for each precinct or ward is clothed with all the power and charged with all the duties of a peace officer under the laws of the state, while engaged in the discharge of his duties as such returning officer.

199. Compensation of returning officer.-Each returning I. officer, manager, or inspector shall receive as compensation for his services the same pay as is paid like officers of general (r.c.c.) elections, which shall be paid by the county treasurer upon the order of said board of commissioners.

200. Majority of board of commissioners.—Any duty herein Ib.. § 16. required to be performed by the said board of commissioners of county seat election, may be performed by a majority of them; and a majority of the inspectors of election shall govern in the determination of all questions coming before them as such inspectors.

p. 188, § 1.

201. County seat upon canvass of the returns Mar. 2, of said election a majority of all the legal votes cast were in 1907, favor of the removal of the county seat, then the city, town, or village thus elected shall thereafter be the county seat of the county.

202. Site and buildings to be acquired for new county site. Ib. -The court of county commissioners shall then procure by donation or by purchase, at the expense of the county, suitable lots or parcels of land in such city, town, or village, taking the fee simple title thereto to the county, and shall cause to be erected, at the expense of the county, a suitable courthouse and a suitable jail on said lots for the county as soon as practicable.

203. Offices and records removed to new site.-When said I. courthouse shall be completed and ready for occupancy, the said county officers shall remove their offices and the records thereof to such offices or rooms in the new courthouse as may be designated for them respectively by the court of county commissioners; and the sheriff, upon completion of the jail, shall remove and keep therein any prisoners in his custody.

204. Courts of record, where held.-Prior to the removal Ib. last referred to, all courts of record for the county shall be held at the original courthouse thereof. But after such removal, all courts of record for the county shall be held at the new county seat, and if need be, the court of commissioners must provide suitable buildings in which to hold said courts, pending the erection and completion of the courthouse.