Duty of

county clerk in relation

etc.

statement and certificate to be forthwith published in some newspaper printed in the district.

In canvassing the votes for state senator, the board has no jurisdiction to determine whether a candidate was ineligible because holding the office of prosecuting attorney, and reject votes cast for such ineligible candidate. -Att'y Gen. v. Bd. of Canvassers, 155 / 44.

(199) § 3690. SEC. 65. The county clerk, by whom the said statement and certificate thereto annexed shall be filed, to statement, shall, without delay, transmit by mail to the secretary of state, a copy of such statement and certificate of determination, certified by him under his hand and seal of office; and he shall also, without delay, prepare and certify as many copies of such certificate of determination as there are persons stated therein to have been elected, and cause one of said copies to be delivered to each person so determined to be elected.

See section 253 which provides a special canvass of votes cast, to fill vacancies in office of state senator and representative, during a session of the legislature.

State

canvassers.

Secretary of state to record statements.

When to call on governor and state treasurer for statement.

STATE CANVASS.

(200) § 3692. SEC. 66. The secretary of state, the state treasurer, and the commissioner of the state land office shall constitute the board of state canvassers, any two of whom shall be a quorum for the transaction of business; and if only one of said officers shall attend on the day appointed for a meeting of the board, the auditor general, on being notified by the officer so attending, shall, without delay, attend with such officer, and with him shall form the board.

STATE CANVASSERS: See sections 34 and 75. The only duties of the board of state canvassers are to canvass the returns and determine and certify the result of elections. Theirs is the culminating act of the army of persons who have had to do with the receiving and counting, recording and transmitting, of the votes which signify the will of the people. Their duties are specifically pointed out. The times when they are to meet are provided by law. No provision is made for deputies or clerks, but all goes to show that this important duty is to be performed by them in person, as the certificate signed by them asserts. It is not confided to inferior officials, but to three of the state officers of greatest dignity and importance. -Att'y Gen. v. Jochim, 99/376.

(201) § 3693. SEC. 67. The secretary of state, on the receipt of the certified copies of the statement of votes given in the several counties, directed by law to be sent to him by the county clerks, shall record the same in a suitable book to be kept by him for that purpose; and if from any county clerk no such statement shall have been received by the secretary of state, on or before the second Monday of December next after a general election, and on or before the thirtieth day after a special election, he shall call upon the governor and state treasurer, and receive from them, or either of them, the statement from such county [clerk], if the governor or state treasurer shall have received such statement.

the

The word "clerk" in the next to the last line does not appear in original print of this act; but, since the context requires the word and it has been inserted in the former compilations, it has been allowed to remain in this.

Newton v. Board of Canvassers, 94 / 455,

gregate vote.

(202) § 3694. SEC. 2. The secretary of state, on the re- Secretary of ceipt of the certified copies of the statement of votes given in state to file agthe several counties, directed by law to be sent to him by the county clerks, shall make a record of the aggregate number of votes given for each person in the several counties, in a suitable book to be kept by him for that purpose, and shall place on file and preserve such certified copies in his office.

NOTE. The above section is the amended sec. 2, Act 17 of 1853, entitled "An act to amend section 2 of chapter 9 of the revised statutes of 1846." The general election act of 1851 is believed to have superseded chap. 9, together with other chapters of the revision of 1846. But this amendatory section 2 of said chap. 9 was retained by Judges Cooley, Dewey and Howell and is here inserted, as it contains some requirements not in the act of 1851.

clerk for

(203) $3695. SEC. 68. If, from any county clerk, no when to call such statement shall have been received by the secretary of on county state, the governor, nor the state treasurer, within the times statement. limited, the secretary of state shall forthwith send a special messenger to obtain such statements and certificates from such county clerk; and such clerk shall immediately, on demand being made by such messenger at his office, make out and deliver to him the statements and certificates required.

Rich v. State Canvassers, 100/461.

appoint meet

(204) § 3696. SEC. 69. SEC. 69. For the purpose of canvassing Secretary to and ascertaining the result of elections, other than for elec- ing of board, tors of president and vice president, the secretary of state etc. shall appoint a meeting of the state canvassers, to be held at his office, on or before the fifteenth day of December next after a general election, and within forty days after a special election, and shall notify the other members of the board of the same.

Newton v. Canvassers, 94 / 457.

of state can

(205) § 3697. SEC. 70. The said board of canvassers, Duty of board when formed as aforesaid, shall examine the statements re- vassers. ceived by the secretary of state, of the votes given in the several counties, and make a statement of the whole number of votes given for the offices of governor, lieutenant governor, secretary of state, state treasurer, auditor general, attorney general, superintendent of public instruction, commissioner of the state land office, and members of the state board of education, which statement shall show the names of the persons to whom such votes shall have been given for either of the said offices, and the whole number of votes given to each of such persons.

Att'y Gen. v. Jochim, 99/377; Rich v. State Canvassers, 100 / 458.

(206) § 3698. SEC. 71. The said board shall also pro- Idem. ceed to examine the statements received by the secretary of state, of the votes given in the several counties, and make a statement of the whole number of votes given for the office of

Certificate

of determination.

Duty of secretary of state.

Canvass of votes for electors of

representative in congress in each congressional district; which statement shall show the names of the persons to whom such votes shall have been given for said office, and the whole number of votes given to each person in each respective district.

Where the board of state canvassers canvassed the votes for an office, from the returns before them, some of which are afterwards declared invalid, and valid ones made and returned after their successors have entered upon their duties, it is the duty of the new board of state canvassers to canvass the new returns.-Belknap v. Board of Canvassers, 95 / 155. Rich v. State Canvassers, 100/458.

(207) § 3699. SEC. 72. The said canvassers shall certify each statement made by them to be correct, and subscribe their names thereto; and they shall thereupon determine what persons have been, by the greatest number of votes, duly elected to each respective office, and make and subscribe on each statement a certificate of such determination, and deliver the same to the secretary of state.

Att'y Gen. v. Jochim, 99 / 377; Rich v. State Canvassers, 100/458. The determination of the board is final. In case their determination is contested, the legislature only can decide.-Royce v. Goodwin, 22/501. As to when a new board can be compelled by mandamus to convene after the old board has gone out of office and canvass the returns anew, see Belknap v. State Canvassers, 95/155; Rich v. State Canvassers, 100/453.

(208) 3700. SEC. 73. The secretary of state shall record in his office, in a book to be kept by him for that purpose, each certified statement and determination, so made and delivered to him by the board of state canvassers; and shall, without delay, make out and cause to be delivered to each of the persons thereby declared to be elected, a copy of such determination, certified by him under his seal of office.

(209) § 3701. SEC. 74. For the purpose of canvassing and ascertaining the votes given for electors of president and president, etc. vice president of the United States, the board of state canvassers shall meet on the Wednesday next after the third Monday of November, or on such other day before that time as the secretary of state shall appoint; and the powers, duties, and proceedings of said board, and of the secretary of state, in sending for, examining, ascertaining, determining, certifying, and recording the votes and results of the election of such electors, shall be in all respects, as near as may be, as herein before provided in relation to sending for, examining, ascertaining, determining, certifying, and recording the votes and results of the election of state officers.

Delivery of copy of cer

termination.

(210) § 3702. SEC. 75. The secretary of state shall, withtificate of de- out delay, cause a copy of the certified determination of the board of state canvassers, declaring the persons elected as such electors, to be transmitted and delivered by special message or otherwise, to each of the persons so declared to be elected, which copies shall be certified under his hand and seal of office.

(211) § 3703.

votes on

and banking

law.

SEC. 76. For the purpose of canvassing Canvass of and ascertaining the result of the vote upon any proposed amendment to amendment to the constitution, or approval of any banking constitution law, or amendment thereof, the secretary of state shall appoint a meeting of the state board of state canvassers, to be held at his office, on or before the twentieth day of the month next after such election; at which meeting the said secretary shall lay before the board the statement received by him of the votes given in the several counties for or against such amendment to the constitution, or for and against the ap proval of such banking law, or amendment thereof, as the case may be.

determine

(212) § 3704. SEC. 77. The board shall then proceed to Board to asexamine such statements, and to ascertain and determine the certain and result, and shall make and certify, under their hands, a state- the result. ment of the whole number of votes given for, and the whole number of votes given against, such amendment of the constitution, or for or against the approval of such banking law, or amendment thereof, as the case may be; and they shall thereupon determine whether such amendment to the constitution, or such banking law, or amendment thereof, as the case may be, has been approved and ratified by a majority of the electors voting thereon, and shall make and subscribe on such statement a certificate of such determination, and deliver the same to the secretary of state.

recorded by

(213) § 3705. SEC. 78. The secretary of state shall re Determination cord in his office, in a book to be kept by him for that pur- secretary of pose, such certified statement and determination; and if it state and published with shall appear that such amendment to the constitution, or laws. such banking law, or amendment thereof, has been approved and ratified, as aforesaid, he shall also record such determination in the book in which the original act of the legislature is recorded, and shall cause any amendment to the constitution to be published with the laws enacted by the legislature at the next succeeding session thereof.

determination

vassers.

(214) § 3706. SEC. 79. The secretary of state shall cause Publication of a copy of such determination and certificate of election to be of state canpublished for two successive weeks in a newspaper published at the seat of government, immediately after receiving the same from the board of state canvassers.

of state can

(215) § 3707. SEC. 80. The said board of state canvass- Adjournment ers shall have power to adjourn from day to day, for a term vassers. not exceeding five days.

Newton v. Canvassers, 94 / 457.

For election of the members of the state board of education as prescribed by section 3708, C. L. 1897, see the later enactment of 1909, section 510; constitutional provisions section 69, herein.

REPRESENTATIVES IN CONGRESS.

tive in con

(216) § 3709. SEC. 82. A representative in the congress Representaof the United States shall be chosen in each of the congres- gress.

Vacancy.

Number of electors.

Place and

ing.

Vacancies, how filled.

sional districts into which the state is or shall be divided, at each general election; and if a representative in congress shall resign, he shall forthwith transmit a notice of his resignation to the secretary of state; and if a vacancy shall occur, by death, or otherwise, in the office of representative in congress, the clerk of the county in which such representative shall have resided at the time of his election shall, without delay, transmit a notice of such vacancy to the secretary of state.

PRESIDENTIAL ELECTORS.

(217) § 3710. SEC. 83. At the general election next preceding the choice of president and vice president of the United States there shall be elected by general ticket as many electors of president and vice president as this state may be entitled to elect of senators and representatives in congress. (218) § 3711. SEC. 84. The electors of president and time of meet- vice president shall convene in the senate chamber, at the capital of the state, at the hour of twelve o'clock noon, on the second Monday of January. If there shall be any vacancy in the office of an elector, occasioned by death, refusal to act, negject to attend by the hour of twelve o'clock at noon of said day, or on account of any two of the persons voted for as electors having received an equal and the same number of votes, or on account of the ineligibility of any person elected, or for any other cause, the qualified electors present shall proceed to fill such vacancy by ballot and plurality of votes. When all the electors shall appear or vacancies shall be filled as above provided, they shall proceed to perform the duties of such electors, as required by the constitution and laws of the United States.

Duties.

Executive,

duty of, etc.

Certificate transmitted

to.

(219) § 3712. SEC. 85. It shall be the duty of the executive of the state, as soon as practicable after the election of the electors by the final ascertainment under and in pursuance of the laws of the state providing for such election, to communicate under the seal of the state to the secretary of state of the United States his certificate of such ascertainment of the electors elected, setting forth the names of such electors and the canvass or other ascertainment under the laws of the state of the number of votes given or cast for each person for whose election any and all votes have been given or cast, and it shall also thereupon be the duty of the executive of the state to deliver to the electors of the state, on or before the day on which they are required by the preceding section to meet, the same certificate, in triplicate, under the seal of the state. Such certificate shall be enclosed and transmitted by the electors at the same time and in the same manner as is provided by law for transmitting by such electors to the seat of government the lists of all persons voted for as president and of all persons voted for as vice president.

Sections 86-89 are superseded by Act 1 of 1869, for the election of U. S. senators. See sections 520-522.