Affidavit of posting.

such township, ward or election district, certified as correct by the township, city or county clerk, as the case may require, and also an affidavit or affidavits, by one or more resident electors of such township, ward or election district, stating therein that an exact copy of such petition, and of all the signatures thereto, has been posted in three of the most conspicuous places in such township, ward or election district, for at least ten days immediately prior to its presentation to the county clerk; and that he or they are personally acquainted with said petitioners and know that they reside within such township, ward or election district, and that the signatures are the genuine signatures of the persons signing the petition, and of the persons whose names severally appear upon such transcript of the poll list, or if such transcript shall not have been procured, then that the persons whose names are attached to said petition are, to the best of his knowledge and belief, qualified electors in such townProviso as to ship, ward or election district: Provided, however, That, if for any reason a certified transcript of any poll list shall not have been procured, or if such transcript shall be defective, it shall be sufficient if the whole number of all the petitioners is equal to one-fourth of the number of all the qualified electors of such county, as shown by the returns or county canvass of the last preceding general election.

transcript.

County clerks to file petition, etc.

If the petitions presented to the county clerk praying that an election be held are accompanied by transcripts of the poll lists of the last preceding general election, as provided for, the fact that the petitioners whose names appear upon the poll lists still reside within their respective townships. wards or election districts must be shown by the affidavit or affidavits of one or more resident electors thereof, upon his or their own knowledge: but if such transcripts do not accompany the petitions, the affidavit or affidavits need only state that the persons whose names are attached to the petitions are, to the best of affiant's knowledge and belief, qualified electors in such township, ward or election district, which implies a residence within the township.-Friesner v. Common Council of Charlotte. 91/504. One who is a registered elector is a qualified voter under the local option law, although his name does not appear upon the poll lists.-Werstein v. Supervisors of Calhoun Co., 156/63. Under this section, affidavits that copies of the local option petitions have been posted ten days prior to their presentation to the county clerk must be made after the lapse of the ten-day period in order to comply with the statute.-Crawford v. Supervisors of Gratiot Co., 160/31.

(644) § 5416. SEC. 5. When such petitions have been presented to the county clerk, he shall file the same in his office, and when it shall appear upon the face thereof, and by the transcripts of the poll lists, or by reference to the returns and canvass of the last general election that such submission of said question of prohibition has been prayed for by not less than one-third of all the qualified electors of the entire county, shown as aforesaid, he shall, at the next regular or adjourned meeting of the board of supervisors, call the attention of the board to the fact that such petitions have been received and filed with him.

Am. 1899, Act 183.

The resolution of the board of supervisors, adopted in conformity to law, and the record being regular, that an election under the local option law has been prayed for by the requisite number of electors, is conclusive of the preliminary steps necessary to set the board in motion.-Thomas v. Abbott, 105 / 687. The statute does not provide for the filing or keeping

of any separate order, distinct from that entered upon the journal, and the provision that the board "shall thereupon issue an order directing that such election be held" is complied with by the service upon the officers named in the act of copies of the order, and the publication, of the same. Where, in the record of the day's proceedings, other matters appear besides the resolution or order of the board directing the holding of a local option election, it is proper to omit such irrelevant matter from the notices served and posted, and to append thereto the signatures of the clerk and chairman found at the close of the day's proceedings as recorded. The law does not, in terms, require the posting of the certified copy of the order served upon the township clerk, and it is sufficient if said order is embodied in the notice of election posted by that officer. Three of the inspectors signed the original canvass of the votes given in their township and apparently all joined in the returns that were canvassed by the board of supervisors, and it is held that the board had power to require an amended return if the one made was incomplete, and might, in certain cases, procced and complete the canvass. The commissioners of election have authority under the more recent Australian ballot law, to provide ballots for a local option election. The jurisdiction being shown by a valid record and canvass, the determination of the board of supervisors as to the result of a local option election is final.-Id.

petitions be

visors.

election,

(645) § 5417. SEC. 6. At such meetings of the board of Clerk to lay supervisors it shall be the duty of the county clerk to lay fore superbefore them petitions filed in his office praying for such submission of said question of prohibition, and when upon examination, it shall appear to the said board, upon the face of said petitions, and by the transcripts of the poll lists, or by reference to the returns and canvass of the last general election, that such submission of said question has been prayed for by the requisite number of electors, as hereinbefore provided, they shall, by resolution, determine and declare to that effect, and such determinations shall be final as to the suffi ciency of the petitions and the requisite number of electors signing the same, and they shall thereupon issue an order directing that such question shall be voted upon at the next annual township election to be held in and for such county. Said order shall recite: The filing and examining of the peti- Order for tions; the resolution determining and declaring that said what to petitions represent not less than one-third of all the qualified recite. electors of the county as shown by the transcripts of the poll lists, or the returns and canvass of the last preceding general election for state officers held in such county; the ordering of the question of prohibition to be submitted at the next general election for township officers in the several townships, villages and cities in the county, to ascertain whether or not it is the will of the electors of the county that the manufacture of liquor and the liquor traffic should be prohibited within the limits of the county; which said day of election shall always be at the time of the township meeting for the election of township officers. Such orders shall be entered in order to be full upon the journal of the proceedings of the board for that entered upon day, and the same shall be signed by the acting chairman and clerk of the board before final adjournment. The county Copy to be clerk shall, without delay, cause a copy of such order, duly and inspectors certified by him, to be delivered to the township clerk of of election. each township, and to one of the inspectors of election of each ward or election district of every city in the county, and Order for shall also at the same time cause such order to be published published.

journal.

sent to clerks

election, how

Ballots, who to furnish,

form of, etc.

for three successive weeks in two newspapers published in the county.

Am. Id.

The purpose of the provisions of the act making the determination by the board of supervisors that the election has been prayed for by the requisite number of electors signing the same, was to place the result when once reached by the people, beyond controversy or collateral attack, which power it was competent for the legislature to confer upon the board, under article 4. sec. 38, of the constitution.-Friesner v. Common Council of Charlotte, 91 / 504. The provisions fixing the time when the different proceedings taken by the board of supervisors under the act shall be entered on their journal and signed by the acting chairman and clerk, are mandatory.— Covert v. Treasurer of Gratiot Co., 93/603. It is competent for the board of supervisors, when convened for the purpose of determining whether or not an election under the local option law has been prayed for by the requisite number of electors, to collect and collate the required statutory facts through a committee appointed for that purpose.-Giddings v. Wells. 99 / 221. Sec. 2477, C. L., 1897, which makes it the duty of the clerk of the board of supervisors to record the vote of each supervisor on any question submitted to the board when required by any member, gives an ample remedy to minorities, and where the record sets forth the adoption of a resolution without giving the yea and nay vote, it will be presumed that it received the necessary majority vote to authorize its passage. Where the returns made by the inspectors of election bear date as of the day on which the election was held, it will be presumed that the inspectors prepared the same "without recess or adjournment," as required by section ten of the local option law. The consideration by the board of supervisors, in determining the result of an election under local option law, of illegal returns from certain townships, will not invalidate the election, where the exclusion of such returns will not destroy the majority in favor of the proposition submitted to the electors. The operation of the local option law in a given county does not depend upon the forwarding, without delay, by the county clerk to the secretary of state, of a certified transcript of the resolution of prohibition, and of so much of the journal of the proceedings of the board of supervisors, as pertains to the election, including the tabular statement of votes, together with a copy of the affidavit of publication of the notice of the adoption of the resolution, as required by section fourteen of the local option law; and the failure of the clerk to comply with said provision will not defeat the proceeding. Under this section which provides that the order of the board of supervisors directing that an election be held, "shall be entered in full upon the journal of the proceedings of the board for that day, and the same shall be signed by the acting chairman and clerk of the board before final adjournment," it is sufficient if the journal for the day is signed after the close of the session.-Thomas v. Abbott. 105 / 688. The determination of the board of supervisors that a sufficient number of qualified voters of the county had petitioned for the submission of the question in the county is final.-Koerber v. Supervisors, 155/677. This section gives the right to one whose name has been fraudulently placed upon a petition to have it erased, but does not confer such right upon one who signs the petition of his own volition.-Id.

Section 7 repealed. 1899, Act 183. As to sufficiency of petitions and affidavits. Madill v. Midland Com. Council, 156/56; Werstein v. Supervisors of Calhoun Co., 156 / 63. Publication of notice of election.-Bauer v. Township board of Denmark, 157 / 395. The record of the board of supervisors evidencing the action of the board upon a petition to submit to the voters the question of the adoption of local option, may not be collaterally attacked because of the failure of the clerk to sign the record before the final adjournment, where the record had been signed by the clerk during his term of office, and had been read and approved at a subsequent meeting. the record of which was properly authenticated.-Derosia v. Loree. 158/64. A petitioner may not have his name removed after the petition is filed, when the signature was genuine and voluntary.-Kern v. Supervisors of St. Clair Co., 160/11; see also Rutledge v. Supervisors of Marquette Co., 160 / 22: Lewis v. Supervisors of Montmorency Co., 164 / 595. The boards of supervisors are not authorized to go behind the petitions and affidavits required by statute to determine the qualifications of the petitioners.-Flanders v. Super visors of Van Buren Co., 160/27.

(646) § 5419. SEC. 8. The officers whose duty it is to provide ballots for such annual township election shall provide suitable ballots, as is provided for in section forty-eight of act number two hundred sixty-six of the session laws of eighteen hundred ninety-seven, containing the question, "Shall the manufacture of liquors and the liquor traffic be prohibited within the county?"

Am. 1899, Act 183.

of electors.

how conduct

(647) § 5420. SEC. 9. All persons entitled under the law Qualification of this state to vote for supervisor shall be deemed qualified to vote upon the question of prohibition provided for in this act. The registration of the qualified electors, the hours of Registration, opening and closing the polls, the manner of voting, and of ed, etc. holding and conducting an election under this act, and the power and duty of the boards of registration, of inspection of election, township boards and common council, and all other officers with reference to such election, shall be the same in every respect as in the case of annual township elections, or the election of members of the board of supervisors, except as otherwise provided for by this act so far as the same shall be applicable: Provided, however, That such proposition having Proviso as to submitting been once submitted and decided either way by a majority of question. the votes of the qualified electors in any county in the state, voting thereon, the same shall not be again submitted in such county within a period of two years next thereafter, but may, at any time after the expiration of such period upon a like petition and action, be again submitted, and so on, at the expiration of not less than two years after such election.

Am. Id.

EXPIRATION OF TWO YEARS: See Keefer v. Hillsdale Co., 109/645. The two years are political, and not calendar years. An election on April 3, 1911, following one on April 5, 1909, was valid.-Battle Creek Brewing Co. v. Supervisors, 166 / 52.

result, etc., by

(648) § 5421. SEC. 10. At the close of the canvass, and Statement of after declaring the result of the vote, and without recess or inspectors. adjournment, the inspectors shall draw up a statement of such result and cause a duplicate thereof to be made, which statement and duplicate, together with the poll lists, shall be certified by the inspectors to be correct, and shall be subscribed with their names. Such statement shall set forth Contents. in words at length the whole number of votes given upon the proposition submitted, and the whole number of votes cast "yes" and the whole number of votes cast "no" thereon, and the majority for or against the proposition. Said statements, To be filed. together with the poll lists, shall forthwith be filed by the inspectors with the township or city clerk, one copy of each of which shall be filed and preserved in his office, and the other transmitted by him to the county clerk of the county within five days after such vote shall be taken, and there remain on file.

WITHOUT RECESS, ETC.: This provision relative to drawing up the statement is mandatory.-Covert v. Munson, 93 / 605. See Giddings v. Wells, 99 / 224.

supervisors,

meet and

canvass vote.

(649) § 5422. SEC. 11. The board of supervisors of such Board of county shall meet on the first Monday after such election when to to canvass the vote of the county, and shall ascertain, determine and declare the result thereof. At such meeting the county clerk shall lay before the board the statements of the votes of the several townships, wards and election districts

Proviso.

In case township, etc.,

shall refuse to hold election.

Duty of supervisors, when vote is in the affirmative.

filed with him, as above provided. Such canvass, determination, and declaration of the result, together with a tabular statement of all the votes cast, shall be entered in full upon the journal of their proceedings for that day, and the same shall be signed by the acting chairman and the clerk of the board: Provided, That if any such statement or poll list shall not be made, certified or returned, as provided in section ten of this act, the board of supervisors may, at such meeting, send for the same and require the same to be certified and made, the same, and with like power and authority, as the board of county canvassers at general elections.

Where the board, on the day provided by statute for canvassing the result of such election, met and appointed a committee to tabulate the vote from the returns of the different precincts, and took a recess until the following day when the report of said committee and the returns were submitted and the proposition declared to be carried, was not fatal to the validity of the election; such provision being directory.-Madill v. Midland Com. Council, 156/ 57.

(650) 5423. SEC. 12. § SEC. 12. In case any township, ward or election district shall refuse or neglect to hold an election at the time or in the manner required under this act, or in case the statement of the votes of any one or more townships, wards, or election districts shall be unlawfully withheld from such board of supervisors, and it shall appear to said board of supervisors upon inquiry that such refusal or neglect to hold an election, or that such withholding of any statement of the votes is done for the purpose of preventing a full expression of the will of the electors of such county upon the proposition so submitted, it shall nevertheless be lawful for such board to proceed with the canvass of the votes and declare the result thereof, the same as though no such refusal or neglect to hold such election or the withholding of any such statement had taken place; and such refusal, neglect or withholding shall in no wise affect or invalidate the result of the election as determined and declared by such board.

Feek v. Twp. Board, 82/410; Thomas v. Abbott, 105 / 692.

(651) § 5424. SEC. 13. When the result of the county canvass shall show that a majority of all the legal voters voting on such proposition shall have voted to prohibit within such county the manufacture of liquors and the liquor traffic, and when the board of supervisors shall have so determined and declared, as herein before provided, it shall be the duty of such board of supervisors to order the prohibition within the limits of such county of the manufacture, sale, keeping for sale, giving away or furnishing of any vinous, malt, brewed, fermented, spirituous or intoxicating liquors, or any mixed liquor or beverage, any part of which is intoxicating, Resolution of and to prohibit the keeping of a saloon or any other place where such liquors are manufactured, sold, stored for sale, given away or furnished, by resolution, adopted at that same meeting of the board, or at a meeting to which the same may

prohibition.