Board to meet on adjourned day.

To organize and canvass votes.

(78.) SEC. 47. At the time to which such canvass was adjourned, the canvassers shall again meet; and such of them as shall be present, although less than a majority of the whole number, shall constitute the board of canvassers.

(79.) SEC. 48. The canvassers shall choose one of their number chairman; and said board shall then proceed to examine the original statements certified by the several boards of inspectors of election, or certified or corrected copies thereof, and ascertain the number of votes given in the county for the respective State, county, and district officers, when such district shall exceed the limits of such county, and make statements thereof, as the nature 15 Ill. Rep. 492. of the election may require; after which the several Senatorial and Representative district boards of canvassers shall proceed to canvass their respective districts, if such county shall be divided for representative purposes.

Separate statement of votes for

(80.) SEC. 49. They shall make a separate statement, containing certain offices.. the whole number of votes given in such county 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, the names of the persons to whom such votes were given, and the number of votes given to each; another similar statement of the votes given for Electors of President and Vice President of the United States, each year in which such Electors are to be chosen; another similar statement of the yotes given for Representative in Congress; another of votes given for Senator, when the county alone does not constitute a Senatorial district; another of the votes given for Representative in the State Legislature, when the county alone does not constitute a Representative district; another of the votes given for Senator or Representative, when the county alone constitutes but one Senatorial or Representative district; and another of the votes given for county officers.

Ibid.

(81.) SEC. 50. The several Senatorial, and Representative district canvassers shall, where a county is divided for such purposes, also make a statement of the whole number of votes given in each respective district for the office of Senator or Representative, or both, as the case may be, which several statements shall set forth the number of each of such districts, the number of votes given to each of the persons voted for in each of such districts, respectively.

1

to contain.

recorded, etc.

by board of per

sons elected.

16 Mich. 283.

(82.) SEC. 51. In each of said statements, the whole number of What statement votes given, the names of the candidates, and the number of votes given to each, shall be written out in words at length; and each statement shall be certified as correct, and attested by the signatures of the chairman and secretary of the respective boards, and a copy of each, thus certified and attested, shall be delivered to the county clerk, and recorded by him in a suitable book, to be pro- statement to be vided by him for that purpose, at the expense of the county, and kept in his office. (83.) SEC. 52. The county and district boards shall then deter- Determination mine the persons who have been, by the greatest number of votes, elected to the county offices, and members of the Legislature, when the county alone constitutes one or more Senatorial or Representative districts, and such determinations shall be certified and attested by the chairman and secretary of the respective boards, and be annexed to the statement of votes given for such officers respectively, and shall be recorded with such statements by the county clerk in his office: Provided, That in elections for members of the Legislature, or county officers, if it shall appear on the legal canvass of the votes polled at such election, that two or more persons have received an equal number of votes for the same office, such persons shall proceed to draw lots for the election to said. office, in the following manner: The board of canvassers for the county or district in which such election was held, shall appoint a day for the appearance of all such persons before the proper officer hereinafter provided, for the purpose of determining by lot among such persons the right to such office, and shall cause notice thereof to be given to all such persons interested. The officer before whom Proceedings such drawing is to take place shall prepare as many strips of paper more persons as there are such persons, and write the word "Elected on as ber of votes. many slips of paper as there are offices to be filled, and the words "Not elected" on the remaining slips, and fold the same so as to conceal the writing, and so that they may appear as nearly alike as possible. Said slips shall be placed in a box, and at the time and place appointed for the drawing of said lots, each of such persons aforesaid may draw one of said slips from the box; and any such person drawing a slip on which is written the word "Elected," shall be deemed legally elected to the office in question; and the officer

1This proviso is from the act of April 2, 1849, which is retained (Sec. 132) for the reason that an important omission occurs here, the words, "and that a failure to elect to any office is caused thereby," being left out from their appropriate place after the word "office," in the fourth line of the proviso.

when two or

have equal nnm

Duplicate statement of votes for ⚫ Senator, etc.

County clerk to transmit copy of statement to Governor, Secre

conducting such drawing shall forthwith give him a certificate of such election. If the drawings under the provisions of this section are for the office of Senator or Representative in the State Legislature, and the district exceeds the limits of a single county, then the drawing shall take place before the county clerk of the county where the district canvass is held in all other cases, before the county clerk of the county where each case shall arise: Provided further, That in cases where the office of county clerk is in question, the drawing shall take place before the sheriff of the county.

(84.) SEC. 53. The said board shall, without delay, make a duplicate statement of the votes given for Senator, when the county alone does not constitute a Senatorial district, and deliver the same to the clerk of the county, to be delivered by him to the Senatorial district canvassers. Said board shall also make a duplicate statement of votes given for Representative in the State Legislature, when the county alone does not constitute a Representative district, and deliver the same to the said clerk, to be by him delivered to the Representative district canvassers.

(85.) SEC. 54. The county clerk shall prepare and certify, under his hand and seal of office, three copies of the statement of votes tary of State, and given for the office of Governor, Lieutenant Governor, Secretary of State Treasurer. State, State Treasurer, Auditor General, Attorney General, Super

Certificate of determination to

persons elected.

intendent of Public Instruction, Commissioner of the State Land Office, and members of the State Board of Education; also three copies of the statement of votes given for Representative in Congress; also three copies of the statement of votes given for Electors of President and Vice President of the United States, after he shall have received such statement from the board of county canvassers; each of which statements he shall seal up in an envelope, and direct one of each to the Governor, one of each to the Secretary of State, and one of each to the State Treasurer, and transmit the same by mail, within five days after the county canvass, when a general election has been held, and within three days after the county canvass, when a special election has been held.

(86.) SEC. 55. He shall also prepare as many certified copies of be delivered to each certificate of the determination of the board of county canvassers, as well as of the several district canvassers, if such county shall be divided for representative purposes, as there are persons declared in such certificates to be elected, and shall, without delay, deliver one of such copies to each person so declared to be elected. (87.) SEC. 56. Such clerk shall, within thirty days of a general resentatives and election, transmit to the Secretary of State a list of the members

Clerk to transmit list of Rep

to Secretary of

of the Legislature elected in the county, designating both the county officers Senators and Representatives by their respective districts, and also State. a list of all the county officers elected in such county at such election.

against amend

tution-how

vassed.

(88.) SEC. 57. Whenever any amendment shall have been pro- Votes for and posed to the Constitution, and agreed to and submitted to the ment to Constipeople, pursuant to the provisions of the Constitution, if the vote taken and canthereon shall be required to be taken at a general election, the votes of the electors for and against such amendment shall be taken, canvassed, certified, and recorded, and certified copies of the statement thereof shall be made and transmitted by the several county clerks to the Governor, Secretary of State, and State Treasurer, at Const. Art. 20. the same time and in the same manner as the votes for State officers are by law required to be taken and canvassed, and statements thereof to be certified, recorded, and transmitted.

or amendments

Sec. 2.

(89.) SEC. 58. Whenever any banking law for banking purposes, of banking law, or amendments thereof, shall have been passed by the Legislature, thereto. approved by the Governor, and submitted to the people, pursuant to the provisions of the Constitution, if the vote thereon shall be Const. Art. 15, required to be taken at a general election, the votes of the electors for and against such banking law, or amendment thereof, shall be taken, canvassed, certified, and recorded, and certified copies of the statements thereof shall be made and transmitted by the several county clerks to the Governor, Secretary of State and State Treasurer, at the same time and in the same manner as the votes for State officers are by law required to be taken and canvassed, and statements thereof to be certified, recorded, and transmitted.

ers.

(90.) SEC. 59. In each election district for the election of a District can ve s Senator or Representative in the State Legislature, the limits of which shall be greater than those of a county, there shall be a board of district canvassers, and the clerks of the several counties within the district, the judge of probate, and the sheriff of the county in which the meetings of the board are to be held, shall constitute such board. 1

1

board.

(91.) SEC. 60. Any three of said canvassers shall be a quorum quorum of for the transaction of the business of said board; and in case there shall not be three of the members of such board present at any such meeting, the register of deeds or the county treasurer of the county where any such meeting is appointed to be held, or both of them, may act as members of such board; and, with the other

1 See Act 180 of the laws of 1861, p. 294, evidently meaning general section 59 of the Compiled Laws of 1857, being Sec. 35 of this chapter.

Times and places of meeting.

Original statements to be laid before board.

Proceeding of

canvassers.

Board to determine persons

liver certificate

members in attendance, shall constitute a board of not less than three in number.

(92.) SEC. 61. The board shall meet in the district for the election of a Representative in the State Legislature, on the Tuesday next after the day on which the county canvass is appointed to be made, and in districts for the election of Senators, on the third Tuesday after the county canvass, at the office of the clerk of the county in such district having the greatest number of inhabitants, according to the last preceding census, unless otherwise provided by law.1

(93.) SEC. 62. If either of the county clerks shall be unable to attend such canvass on the day appointed therefor, he shall, on or before that day, cause to be delivered at the office of the clerk of the county in which such meeting in to be held, the original statement of votes given in his county for the officer to be elected in such district, which statement shall be laid before said board.

(94.) SEC. 63. The canvassers shall then proceed to examine the statement of the votes given in the several counties in the district, and ascertain and determine what persons have been elected, and to what offices, and shall draw up a statement thereof in words at length, which statement shall contain the whole number of votes given in the district for each office, and the names of the persons to whom such votes were given; and such statement shall be certified to be correct, and to be subscribed by the said canvassers, or a majority of them.

(95.) SEC. 64. The canvassers shall then determine the persons elected, and de- elected to the several offices within the district, as shall appear by to county clerk. Such statement, and shall, certify such determination under their hands, and annex the same to their said statement, and deliver the same to the clerk of the county in which their meeting shall be held, who shall file the same in his office; and said board shall cause a copy of such statement and certificate to be forthwith published in some newspaper printed in the district.

Duty of county clerk in relation to statement.

(96.) SEC. 65. The county clerk, by whom the said statement and certificate thereto annexed shall be filed, 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

1 Vide note to general section 76.