MISCELLANEOUS PROVISIONS.

counties.

(220) § 3713. SEC. 90. Unorganized counties, with other Unorganized parts of the state which may be attached to any organized county for judicial purposes, unless otherwise provided, shall be considered as a part of such organized county for all purposes concerning the election of officers who may be elected at a general or special election.

Johnston v. Cathro, 51/ 83.

clerks of

(221) § 3714. SEC. 91. The oath directed in this act to Oath of inbe taken by persons chosen to be inspectors, or appointed spectors and clerks of elections shall be in the form prescribed in the first elections. section of the eighteenth article of the revised constitution of this state.

See Art. xvi, 2, constitution of 1909.

and Compensation

(222) § 3715. SEC. 92. Each county canvasser sheriff shall receive such reasonable compensation for their of certain services while employed in the business of elections for county officers as shall be allowed by the board of supervisors or county auditors, to be paid by the county.

of district

(223) § 3716. SEC. 93. Each district canvasser or other Compensation person except county clerks, employed in canvassing and re- canvassers, turning the result of the elections required by law to be cer- etc. tified by district canvassers to the board of state canvassers, shall receive such compensation therefor as the board of su pervisors of their several counties shall deem reasonable, to be paid out of the treasury of such counties.

cess served on

(224) § 3717. SEC. 94. During the day on which any No civil proelection shall be held, pursuant to the provisions of law, no election day. civil process shall be served on any elector entitled to vote at

such election.

(225) § 3718. SEC. 95. The person holding any office, at Term of office. the expiration of the term thereof, shall continue to hold the same until his successor shall be elected or appointed and qualified; and when any person shall be elected to fill a va- Term, when cancy in any elective office, he shall hold the same only dur vacancy. ing the unexpired portion of the regular term limited to such office, and until his successor shall be elected and qualified.

elected to fill

Candidate may petition for recount.

Elector may petition for recount on

amendments.

RECOUNT BY STATE CANVASSERS.

An Act to provide for a recount of votes cast at an election for candidates for office, or proposed amendments to the constitution or any other question or proposition which are canvassed by the board of state canvassers.

[Act 320, P. A. 1913.]

The People of the State of Michigan enact:

(226) SECTION 1. Any candidate voted for at any election, the votes for which are canvassed by the board of state canvassers, who considers himself aggrieved on account of any fraud or mistake in the canvass of the votes by the inspectors of election or the returns made by said inspectors, or of any county or district canvassing board, may at any time prior to four o'clock standard time on the afternoon of the last day upon which the board of state canvassers meets for the purpose of canvassing such votes, present to and file with the secretary of state a written or printed petition which shall be sworn to by such candidate, setting forth as near as may be the nature and character of the fraud or mistakes complained of, and the township, ward and county in which they exist, which petition shall pray for a correction thereof by a recount of the votes cast therein.

(227) SEC. 2. Any elector in this state who believes that there has been any fraud or error committed by the inspectors constitutional of election in the returns made by said inspectors or of any county or district canvassing board in the canvass of the votes cast upon the question of a proposed amendment to the constitution or any other question or proposition, the votes for which are canvassed by the board of state canvassers, may before four o'clock standard time on the afternoon of the last day on which the board of state canvassers meets to canvass such votes, present to and file with the secretary of state a written or printed petition which shall be sworn to by the elector presenting the same and which shall set forth as near as can be, the nature and character of the fraud or error of which complaint is made and the particular township, ward and county in which it is believed that the fraud or error occurs, and such petition shall contain a prayer that a correction thereof be made by a recount of the votes cast therein.

Deposit.

In case mistake, etc., established.

(228) SEC. 3. The candidate or elector presenting such petition to the secretary of state shall at the same time deposit with such officer the sum of one hundred dollars for the first county or part thereof, in which a recount of the votes is demanded, and twenty-five dollars for each additional county or part thereof in which a recount is demanded. In case fraud or mistake as alleged and set forth in any such petition is established in one or more counties, the amount paid by such petitioner to the secretary of state for a recount

of the votes cast in the county in which the fraud or mistake is established shall be returned to the petitioner upon the order of the board of state canvassers.

(229) SEC. 4. It shall be the duty of any candidate filing Notice given. such petition and making the deposit herein required, to give notice thereof to the opposing candidate within forty-eight hours after filing same by handing or delivering to such candidate a copy of such petition, or, if such candidate cannot be found, by leaving such copy at his last place of residence. It shall not be necessary for any elector filing a petition for a recount of the votes cast upon the question of proposed amendments to the constitution or other questions or propositions, to give any such notice. It shall be the duty of the Recount. board of state canvassers at as early a date as possible after the receipt of such petition and the deposit required, to investigate the facts set forth in said petition and cause a recount of the votes vast in the particular wards and townships in question. The board of state canvassers shall have the right and authority to demand and cause the ballot boxes and returns in connection with any such election to be brought before it. The said board shall also have the Where held. right to prescribe the place, when and where the recount of any such votes shall be conducted, which shall be in public. It shall not be necessary for all of the members of said board of state canvassers to conduct a particular recount, but each member shall have the right to conduct any such recount when properly designated by the board to the end that the recount may be conducted and the result of the election determined at the earliest possible moment. The Clerks and board of state canvassers or any member of the board of state canvassers while conducting a recount shall have authority to employ such clerks and assistants as shall be deemed necessary. The said board of state canvassers, or any member thereof, shall have the right to require any inspector of election, county officer, or other person, to appear for any such purpose as may be desired, either by the board, or any member thereof. The persons who at the re- Compensation quest of the board of state canvassers, or any member and mileage. thereof appear with the ballot boxes, returns and tally sheets or otherwise, shall receive the same compensation and mileage therefor as is prescribed by law for witnesses. penses incurred under authority of this act shall be paid out of the general fund in the state treasury on vouchers, to be approved and audited by the board of state canvassers. (230) SEC. 5. The said board of state canvassers, or any To open ballot member thereof, shall at the time and place prescribed, where the interested candidates and their counsel, or the representatives of any party or cause can be present, if they so desire, proceed forthwith to open the ballot boxes from the designated townships or wards and make a recount thereof

assistants.

All ex- Expenses.

boxes.

as to such candidates, question or proposition, and make Return made. a full, complete and correct return in writing, showing the

completed.

To certify the result.

full number of votes cast, the names of candidates, and the number of votes given to each, or the total number of votes cast for and against any such proposition, written out in When recount words and figures. When the recount is completed the said board, or the member thereof conducting the same, shall at once return the ballots to their respective boxes, carefully fasten and seal the same and deliver them to the officer having the care and custody thereof. Whenever a recount is conducted by a particular member of the said board, it shall be the duty of the member so conducting same to certify the result of such recount to the board of state canvassers, which board shall consider the result so certified by the particular member thereof, and certify the result in the manner prescribed. The returns made by the said board of state canvassers of any recount shall be deemed to be correct, anything in the return of any board of election inspectors, or any county or district canvassing board to the Not to include contrary notwithstanding. The provisions of this act shall not be construed to include a recount of any primary election. Nothing herein contained shall be construed to repeal any action or remedy which may now exist by reference of any action to the courts.

primary

election.

To be govern

law, etc.

MUNICIPAL AND TOWNSHIP ELECTIONS.

An Act to prescribe the manner of conducting municipal and township elections and to prevent fraud and deception thereat.

(231)

[Act 194, P. A. 1891.]

The People of the State of Michigan enact:

§ 3658. SECTION 1. That all elections hereafter ed by general held in the various cities, villages and [townships] township in this state, shall be in conformity with the provisions of the laws governing general elections so far as the same shall be applicable thereto, and all the provisions of such laws relative to the boards of election inspectors, the arrangement of polling places, the manner of voting and receiving votes, and the canvass and declaration of the result of such election, are hereby made applicable to such municipal and township elections, but the time for the opening and closing of the polls shall not be affected thereby.

Who to be election commissioners,

etc.

(232) § 3659. SEC. 2. The township board of each township, and such persons as shall be elected therefor by the common councils of the various cities and villages in this state, shall be the board of election commissioners for such township, city, or village respectively, and shall perform such du ties relative to the preparation and printing of ballots as are required by law of the boards of election commissioners of

counties, and like duties and privileges as are enjoined and granted by the laws governing general elections upon the various committees of the different political organizations are hereby prescribed for the city, village, or township committees in elections held pursuant hereto; except that it shall Vignette not not be necessary for the committees of the different political organizations to furnish a vignette or heading for the ballots other than to designate the name of the party or political or ganization which they represent.

The

ELECTION COMMISSIONERS: Peck V. Supervisors, 102 / 355. board cannot print upon the ballot the name of a candidate not nominated by an assemblage or meeting of electors.-Chateau v. Jacob, 88/171.

necessary, etc.

furnish names,

(233) § 3660. SEC. 3. In municipalities governed by this Committees to law, the names of candidates shall be given by the commit- etc. tees of the various political organizations to the board of election commissioners of such municipality not less than five days before each election, and the proof copy of the ballot shall be open to the inspection of the chairman of each committee at the office of the township clerk, and city or village clerk or recorder, not less than two clear secular days before such election.

Otto v. Brissette, 137/719.

IDENTIFYING BALLOTS OF UNQUALIFIED VOTERS.

An Act further to preserve the purity of elections, and guard against abuses of the elective franchise, by providing for the identification of the ballots of unqualified voters, in cases of contested elections.

[Act 180, P. A. 1877.]

The People of the State of Michigan enact:

numbered in

(234) § 3719. SECTION 1. That at every general, special, Names on poll township, and charter election in this state, it shall be the list to be duty of the inspectors of election of each voting precinct, to figures. cause to be numbered in figures, and in numerical order, the name of every person entered upon the poll lists required by law to be kept at such election; which figures shall be placed against the names on such poll lists at the time of the entry of said names thereon.

of number on

(235) § 3720. SEC. 2. Whenever, at any general, special, Endorsement township or charter election, in this state, the ballot of any ballot in case person who has been challenged as an unqualified voter, and of challenge. who has taken the oath provided by law in such case to be taken, shall be received by the inspectors of election, it shall be the duty of said inspectors to cause to be plainly endorsed on said ballot, with pencil, and in the manner hereinafter provided, before depositing the same in the ballot box, the