OATH: The oath required is the oath of allegiance to the United States and to the state and to perform faithfully the duties of the office.-Underwood v. McDuffee, 15/361. See also, People v. Salsbury, 134 / 549.

when held.

(51) SEC. 6. That elections for all district or county Elections. officers, state senators or representatives, within the boundaries defined in this article, shall take place on the Tuesday succeeding the first Monday of November in the respective years in which they may be required. The county canvass shall County and be held on the first Monday thereafter, and the district can- vass. vass on the third Monday of said November.

Am. 1862.

As originally adopted this section provided for elections in the upper peninsula on the last Tuesday in September; for a county canvass on the first Tuesday in October and for a district canvass on the last Tuesday of October.

district can

ARTICLE XX.-AMENDMENT AND REVISION OF THE CONSTITUTION.

constitution,

(52) SECTION 1. Any amendment or amendments to this Amendment to constitution may be proposed in the senate or house of repre- how made. sentatives. If the same shall be agreed to by two-thirds of the members elected to each house, such amendment or amendments shall be entered on the journals respectively, with the yeas and nays taken thereon, and the same shall be submitted to the electors at the next spring or autumn election thereafter, as the legislature shall direct, and if a majority of electors qualified to vote for members of the legislature, voting thereon, shall ratify and approve such amendment or amendments, the same shall become part of the constitution.

Amendment proposed by J. R. 29 of 1875 and ratified at the election of 1876. The amendment consisted in striking out "general" before "election," and inserting "spring or autumn" in lieu thereof; and inserting "as the legislature shall direct." The meaning of "general election" was confined to the biennial November election for state officers.-Westinghausen v. People, 44/ 265.

Under this section as it now stands, amendments to the constitution take effect from the time of their ratification by the people.-Mining Co. v. Osmun, 82 / 573. See Rich v. Board of Canvassers, 100/459; Peck v. Supervisors, 102 / 355.

PÚBLICITY OF CONSTITUTIONAL AMENDMENTS: For an act to secure greater publicity for proposed amendments, see sections 536-7, infra.

the constitu

(53) SEC. 2. At the general election to be held in the Revision of year one thousand eight hundred and sixty-six, and in each tion. sixteenth year thereafter, and also at such other times as the legislature may by law provide, the question of the general revision of the constitution shall be submitted to the electors qualified to vote for members of the legislature, and in case a majority of the electors so qualified voting at such election, shall decide in favor of a convention for such purpose, the legislature, at the next session, shall provide by law for the election of such delegates to such convention. All the amendments shall take effect at the commencement of the year after their adoption.

Am. 1862.

The amendment consisted in striking out the word "political," before the word "year," where it last occurs.

Terms of

office, when to begin.

THE SCHEDULE-WHEN OFFICIAL TERMS BEGIN.

(54) SECTION 28. The terms of office of all State and county officers, of the circuit judges, members of the board of education, and members of the legislature shall begin on the first day of January next succeeding their election.

As to right of legislature to extend term of office of an incumbent, see Hunt v. Buhrer, 133 / 107.

Annual township meeting.

General election.

ELECTIONS DEFINED.

[Extract from Ch. 1, R. S. 1846.]

(55) § 50. SEC. 3. Sub. Div. 4. The words "annual meeting," when applied to townships, shall be construed to mean the annual meeting required by law to be held in the month of April.

Sub. Div. 19. The words "general election," shall be construed to mean the election required by law to be held in the month of November.

GENERAL ELECTION: The general election is not a township meeting in any legal sense.-People v. Knight, 13 / 426. Under the constitution there was only one election which was ever referred to as a general election, and that the term was used as identical with the November election, which was previously annual, and thereby made biennial. That was the only election held simultaneously throughout all the state for officers to represent the whole State.-Westinghausen v. People, 44/269. And it is hardly necessary to say that subsequent legislation could not change the meaning or effect of any part of the constitution.-Id 270. The only foundation for any notion that the spring elections can serve the purpose of the general election mentioned in the constitution is that in organizing the present supreme court in 1857, the statute declared that a "general election" should be held on the first Monday in April every second year for the election of judges. Of course, the legislature can make their own definitions for statutory purposes, but this would not change the constitutional definition or make it apply to any election not within the constitutional contemplation.-Id. 271. The language of Art. 20 of the constitution taken with all the various other provisions which refer to general elections, very plainly refers to the fall election, and that the practical construction put upon it is correct and binding.-Id. 272. The words "general election" used in the constitution and statute, as applied to the office of judge of probate, can have no other meaning than the biennial election held in November, and an election at any other time to that office must be regarded as a special election.-People v. Palmer, 91/283. The term "general election" must be held to mean the November, and not the April election, unless inconsistent with the manifest intent of the legislature.Edgar v. Election Commissioners, 118 / 418.

---

Registration

ordered.

CHAPTER II.-REGISTRATION OF ELECTORS.

An Act further to preserve the purity of elections, and guard against the abuse of the elective franchise, by a registration of electors.

(56)

[Act 177, S. L. 1859.]

The People of the State of Michigan enact:

§ 3536. SECTION 1. That there shall be, in the year one thousand eight hundred and fifty-nine, a registration Board of regis- of the qualified electors of the State. The aldermen of every incorporated city, and the supervisor, treasurer, and clerk of

tration.

vide books or

etc.

every township, shall constitute a board of registration for such city or township, and their duties, shall be as follows: They shall respectively provide suitable bound books or reg- Board to proisters, one for each township and one for each ward, so made registers. How arranged, and arranged as to contain an alphabetical list of the respective names, christian or baptismal, and surnames, in full, of all persons declared by the constitution of the State to be electors and entitled to vote, residing in their townships or wards, and the date of the registration; and, if the elector resides in a city or incorporated village, also his residence by the number of the dwelling and the name of the street, if any, and if none, a description of the locality of the same.

same

REGISTRATION NECESSARY: This act is grounded upon the article of the constitution which gives the right to vote and is imperative; it must be complied with before the elector can vote, and the omission of the board of registration to meet is of no avail to the elector as an excuse for not registering. People v. Kopplekom, 16/342. See Common Council v. Rush, 82/537; Att'y Gen. v. McQuade, 94 / 441.

PURITY OF ELECTIONS: The laws to regulate elections and to preserve their purity, and to guard against abuses of the elective franchise, must be reasonable, uniform and impartial, and must be calculated to facilitate and secure, rather than to subvert and impede, the exercise of the right to vote.Att'y Gen. v. Detroit, 78/553.

REGISTRATION IN CITIES.

istration.

ing designated. per

(57) § 3537. SEC. 2. Each city board shall, at least City boards to publish notice two weeks previous to the time of their meeting in each ward, of meeting of cause to be published in one or more newspapers printed and board of regpublished in such city, a notice that the board of registration will meet on the first Monday of October, in the year one Time and thousand eight hundred and fifty-nine, at nine o'clock in the place of meetforenoon, to make a perfect list, as near as may be, of all sons residing in such ward, qualified as electors under the constitution; and designating the place in each ward where said board will meet for that purpose. And they shall also Handbills to be posted. cause handbills to be posted in at least twenty conspicuous places in each ward, containing a similar notice of the time and place of such meeting of the board for that ward; which what notice notice shall also contain a true copy of section one of article to contain. seven of the constitution, relative to the qualifications of electors. And the board may so divide and classify themselves Board may that two or more of them may be assigned to different wards, facilitate the more speedily to complete the registration; and in case of registration. the sickness or absence of any alderman, or his inability or re- as to vacanfusal to serve at the session in any ward, the board shall, in cies. writing, under the hand of their chairman, immediately appoint the assessor of the ward, or any justice of the peace, to act in his stead, who shall be, for the purpose of registration in that ward, deemed a member of the board of registration. They shall continue in session not less than three nor more Length of than five days in each ward. All necessary blanks and in- Expenses, structions to aid the board in the discharge of their duties, how paid. and all other expenses in performing the same, including the employment of printers for printing such notices, and the

classify to

Duty of board

session.

Duty of boards

public.

how made.

registry lists, shall be provided by the board and be paid for by the city.

(58) § 3538. SEC. 3. At the time and place mentioned of registration. in such notice, the board, or those members thereof so classified and assigned for that ward, shall meet and proceed to the registration in such book, which book shall be called the "Register of Electors" for such ward, of the names of persons at the time residing in such ward, and so qualified as follows, Sessions to be to wit: Their sessions shall be public, and during the first two days thereof they shall not write in the register the name of any person without a request made by him personally and in their presence; but shall allow him, if able and willing so to do, to write his own name therein in the proper place. Registration, In case of such request, the name of the elector shall be plainly written by a member of the board, who shall also note his residence as required by section one of this act. After the first two days of the session it shall be the duty of such board to proceed to complete the list, by writing in such register the names of all the remaining residents of the ward, known by them to be such and to be qualified as aforesaid, with the proper descriptions above mentioned; but they shall, during their whole session, permit any such qualified person residing in the ward, whose name has not already been entered in the register, to write it there himself. Opposite to every name on such register shall be noted by the board the day and year of its entry, and during such session and all future sessions of the board in any city or township, they may, for their better information in making the registration, have before them the poll list of the next preceding general election, charter election, or township meeting, to be returned to the proper keeper at the close of the session, and all such entries shall be made with ink. The board, at every session, shall have power, and it shall be their duty, to question every person presenting himself for registration, touching his resi dence and other qualifications as an elector of the ward; and it shall be the duty of the applicant to make truthful answers to all such questions, and the board may, for the more perfect examination of the applicant, swear and employ an interpreter, truly and impartially to interpret all such questions and answers, and if the applicant shall, in his answers, make any material statement which is false, he shall, upon conviction thereof, pay a fine of not more than one hundred nor less than five dollars, and be imprisoned in the county jail not more than thirty nor less than five days.

Board may question and

require applicant to make

oath.

Penalty for making false statement.

BOARD OF REGISTRATION: Their duty as to the mode of determining the qualification of voters. When a person applies to the board of registration for the purpose of having his name registered as a voter, and offers to be sworn as to his qualifications, it is the duty of the board to examine such person upon his oath. They have no right to reject him on mere inspection. Where the return made by respondents denies that the relator was entitled to be registered as a voter, an issue will be directed to determine the fact. People v. Board of Registration of Nankin, 15/157. Where a person appears before the ward board of registration and claims to be registered, the board are bound to examine him under oath and hear testimony offered by him. They have no right to pass upon the question of his legal right by mere personal inspection.--People v. Board of Registration, 17/427.

not entitled to

(59) § 3539. SEC. 4. The name of no person but an What persons actual resident of the ward at the time of the registration, registration. and entitled, under the constitution, if remaining such resident, to vote at the then next general or charter election, shall be entered in the register. Neither the board, nor any member thereof, shall write or enter in the register the name of any person, nor suffer him to write or enter his name therein, whom they know, or have good reason to believe, not to be such resident and so qualified; nor shall any person knowing or having good reason to believe himself not to be such resident and so qualified, write his name therein, or cause it to be done; and every person so offending shall, upon conviction, Penalty for be punished for each offense by a fine of not more than five registration. hundred nor less than twenty-five dollars, and be imprisoned in the county jail not more than ninety nor less than ten days.

RESIDENCE: The general act for the incorporation of cities of the fourth class provides that "the residence of any elector, not being a householder, shall be deemed to be in the ward or election district in which is located his regular place of lodging." See section 450. Charters of other cities generally contain special provisions of a similar nature. See residence or domicile defined in Appeal of Rue High, 2 Doug. 523. The intention of the elector is one of the most important inquiries involved in the question of residence. A man may have a residence in one place, although his family may be living elsewhere, if such is his intention.-Harbaugh v. Cicott, 33 / 252. See further, as to intention, Warren v. Registration Board, 72/402; Beecher v. Com. Council, 114 / 228. As to students, persons in the public service, sailors and inmates of asylums, etc., see section 35. See, as to where the elector must vote, notes to section 31. As to change of elector's residence by alteration of boundaries of representative districts, see notes to section 4.

fraudulent

REGISTRATION IN CITIES AFTER 1859.

tration board

session.

(60) § 3540. § 3540. SEC. 5. The board of registration provided when regisfor in this act shall convene and meet for the registration of to meet. electors on the third Tuesday and Wednesday preceding any general fall election, and on the third Tuesday and Wednesday preceding any general spring, charter or special election. The board of registration of the city, to be constituted as When to be in aforesaid, shall be in session at such places in the several wards as they shall designate in their notices, to be published and posted up as hereinafter provided, from seven o'clock in the forenoon until eight o'clock in the afternoon, for the purpose of completing the lists of the qualified voters; during which session it shall be the right of each and every person then actually residing in the ward, and who, at the then next approaching election, may be a qualified elector, and whose. name is not already registered, to have his name entered in the register, which shall be done in the manner above described; and such boards, and each member thereof, and each applicant for registration, is hereby vested and charged with the same rights, powers, duties and penal liabilities, touching the examination of applicants, as hereinbefore provided: Provided, That the provisions of this amendment shall not Proviso as to be applied to electors in the city of Detroit, nor to any cities troit. to which any other registration law may apply.

Am. 1901, Act 32.

As to Detroit, see sections 3573-8, 3580-81, C. L., 1897.

The laws to regulate elections, and to preserve their purity, and to guard

city of De