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Of whom to consist.
precincts in said cities, shall be appointed in the same manner as inspectors of election are now chosen, and whose duties shall be the same as now chosen, and whose duties shall be the same as those imposed on inspectors of election under the general election law of this State; but the majority of each board shall be chosen from the political party which cast the highest number of votes at the last preceding general election. The said board of inspectors in each of the said voting precincts of the said cities and county, shall consist of three members of whom the first appointed shall be chairman, and they shall hold office for the term of two years next following their appointment, and until their successors are appointed, and they shall receive three dollars for their services at such primary election to be paid from the same fund and in the same way as in general elections. In case one or more of the persons so appointed shall, from any cause, fail to appear at the time and place specified for the holding of said primary election, his or their places shall be filled on said board from among the electors at the opening of the polls, in the manner prescribed in the general Board may ap- election law of the State. The said board shall have the power point clerks. to appoint from the electors present at said polls, two clerks whose duties shall be the same as those prescribed by the general election law of the State. Said clerks shall receive three dollars for their services.
Sections of election law applied.
Polls, when open.
Voters to be registered.
but one ballot.
Relative to challenging.
SEC. 10. The following sections of the general election law, relating to the arrangements of polling places, the ballot boxes, booths, inspectors and clerks, are hereby made applicable to primary elections held under this act, to wit: Sections three thousand six hundred thirty-two and three thousand six hundred seventeen of the Compiled Laws of one thousand eight hundred ninety-seven.
SEC. 11. The polls in the several voting precincts on the primary election day shall be kept open for the purpose of voting, from twelve o'clock noon until eight o'clock in the evening: Provided, That in the townships the polls shall be closed at six o'clock p. m.
SEC. 12. All persons entitled to vote in any precinct at the next ensuing election shall be entitled to vote in that precinct in the primary elections. No voter shall receive a primary election ballot, or be allowed to vote, until he is first duly registered as a voter in the manner provided by law, and it shall be the duty of inspectors of primary elections to examine the books of registration and know that each voter is duly registered and entitled to vote before his ballot shall be received.
An elector offering to vote shall receive the ticket or ballot of but one political party. It shall be incumbent upon him to state to the inspector of election, having in charge the handling of ballots to electors, the ticket he desires, such as. "the republican," "the democratic" or the ticket of any party he may name. If his right to vote that ticket is not challenged he shall be entitled to receive that ticket forthwith. It shall be competent for any elector or inspector of primary election present, to challenge the right of any one offering to vote on
the ground that he is not a legal voter in that precinct or that he is generally known to belong to a political party opposed to the party whose ticket he has asked for. When the right of any voter to cast a ballot is challenged he shall be required to make oath that he will be entitled to vote in that precinct at the next ensuing election and that he is in sympathy with the political party whose ticket he proposes to vote. Such oath Form of oath. or affidavit shall be in the following form: "I
do hereby solemnly swear that I am a resident and voter in the township of
ward of the city of
or will be at the next
ensuing election, that I am in sympathy with the principles of
party at the next ensuing election."
to be num
The inspectors of primary elections, in their discretion, may require a voter challenged, to subscribe to the above oath or affidavit. Printed copies of it for that purpose shall be furnished in sufficient number as primary election tickets and tally sheets are furnished. When a challenge is decided in favor of a voter he shall then receive the ballot asked for and be entitled to the privilege of voting, the same as though his right had not been challenged. When any voter shall be chal- When ballot lenged, the inspector receiving the tendered vote shall place a bered. number on the back of the ballot. The same number shall be set opposite the person's name offering said challenged vote by the clerk of said primary election. The numbers are not to be divulged to any person or persons whomsoever, unless there shall be a contest or a recount of the legality of primary election,or ordered to do so by a court of competent jurisdiction. The first challenged vote shall be numbered one and then each challenged ballot shall be in numerical order as the challenges are made.
SEC. 13. When an elector has received his ballot, he shall Ballots, how forthwith retire to an unoccupied booth, and without delay mark the ballot as he sees fit, with the pencil to be found in such booth. If he soils or defaces said ballot he shall at once return the same, and get a new ballot. In marking his ballot he shall observe the following rules: The elector shall designate his choice on his ballot by marking a cross (X) in each of the small squares opposite the name of the candidate for whom he desires to vote, being careful not to vote for more candidates for office than are to be elected thereto at the election to follow the primary election, as indicated on the ballot at the left of each office for which candidates are to be selected. The provisions of section three thousand seven hundred fiftyone of the Compiled Laws of eighteen hundred ninety-seven are hereby made applicable to this act.
SEC. 14. When an elector has prepared his ballot he shall How folded. fold it with the edge upon which are the initials of the chairman uppermost, and so fold it as to conceal the face thereof, and all marks thereon, and shall hand the same to the inspector of said primary election who is in charge of the ballot box. The folded ballots when returned, shall be placed in the proper
books to be
Canvass of votes.
Tally sheets, by whom furnished, form, etc.
Who to constitute can
ballot box, and the name of the voter shall be checked off upon
SEC. 15. It shall be the duty of each board of registration
SEC. 16. As soon as the polls are finally closed, the board of
SEC. 17. Two sets of tally sheets or two tally books for each
(ward or town),
mary election held
voting precinct for a pri-
The names of the candidates shall be placed on the tally sheets in the order in which they appear on the official ballots, and each case shall have the proper party designated at the head thereof. Opposite the names of the respective candidates shall be placed the whole number of votes cast for him at said primary election. This tally sheet, together with the ballots, shall be placed in the ballot boxes and delivered by the chairman of said board of primary election inspectors to the city clerk or county clerk, as the case may be. The chairman of the board of election inspectors shall also return the registration books to the officers from whom they received them.
SEC. 18. The clerk of the city of Muskegon, the clerk of vassing board the city of North Muskegon, the clerk of the city of Muskegon Heights and the clerk of the county of Muskegon, and the judge of probate of Muskegon county shall con
stitute the canvassing board for said cities and county for the purpose of the primary election, and shall meet in the office of the probate court in the county court house, at ten o'clock in the morning of the day following said primary election, and shall proceed, after taking the usual oath of office, openly and publicly, to canvass the primary election returns made to the city clerks or the county clerk. The canvassing board need not wait until all the returns are at hand before beginning.
SEC. 19. The canvassing board shall make and prepare a To make statement, the same to be signed by the said board and filed in the office of the county clerk, or the city clerk, as the case may be, as follows:
First. A statement containing the names of all candidates Statement voted for at the primary election with the number of votes received by each, and for what office. Said statement to be made as to each political party separately.
Second. A statement of the names of persons or candidates of nominees. of each political party who are nominated, to wit: Those persons or candidates of such polical party who receive the highest number of votes for the respective offices, and where there is more than one person to be elected for a given office at the ensuing election, there shall be included in said statement of nomination the names of so many candidates of such party receiving the next highest number of votes as there are persons to be elected to said office at said ensuing election. Said statement shall in like manner be made separately as to each political party.
Third. A statement of the whole number of electors register- of registered ed, and the number of ballots cast at such primary election. If two or more candidates of the same political party are tied for the same office, the tie shall be determined by lot, and to be cast then and there by and as the canvassing board may determine. It shall be the duty of said canvassing board to notify each of the successful candidates of their nomination, and that his name will be placed upon an official ballot at the next ensuing election.
SEC. 20. The persons whose names are so properly placed in Who to be said nominating statements, shall be and constitute the nominees of the several political parties of which they are candidates and such names shall be printed upon the official ballots prepared for the ensuing election in like manner as if such persons had been duly nominated by a party convention as delegates, with a certificate thereof, filled as required by said general election law.
No names of candidates of any political party which is re- Candidate, quired to make nominations under this act for officers to be in case of voted for, shall be placed upon the official election ballot unless vacancy. such candidates have been chosen in accordance with this act, except in the case of vacancy occasioned by death, removal, resignation or in case the candidates so nominated shall be disqualified from holding office under the general law of the State, and in such event the county or city campaign party commit
Petition, what to set forth.
tee of the same political party, or if there be no such committee, then a mass convention of such party may fill such vacancy, and except in case of a candidate or candidates desiring to be placed on said official ballot, having been nominated in mass convention as an independent candidate or candidates, by at least two hundred electors of said city, or county, before the name or names of such candidates shall be placed upon said official ballot, he or they shall pay to said city clerk the fee required by other candidates for the same office. The name of such new candidate or candidates to fill vacancies to be certified under oath to the city clerk or county clerk by the chairman or secretary of such committee or convention who shall certify them to the proper election commissioner.
SEC. 21. The candidate or candidates nominated under the provisions of this act, shall, immediately after their nomination, select a party campaign committee for their respective offices, one to be chosen from each ward or township in their election district, who shall hold office for two years and until their successors are elected and qualified. The candidate or candidates shall also select a chairman of their respective campaign committee, whose term of office shall be two years. The members of the committee so selected shall elect one of their number as secretary of the committee to which they belong. Said committees are to direct the campaign of the office that they are selected to act for.
SEC. 22. Any candidate voted for at a primary election in these cities or county may contest the nomination of the candidate against him at said primary election by filing a petition with the probate judge of the county within twenty-four hours after the close of the polls, in which he shall specify the causes for which such application is made. Such petition shall be brought before the board of examiners created by section eightteen of this act. Said board shall proceed as hereinafter provided: Provided, That at the time of filing his petition he shall deposit twenty-five dollars with the judge of probate, which amount shall be disposed of as hereinafter provided.
(a) Said petition shall set forth that the petitioner was a candidate for the office claimed by him, and that he received votes therefor, and that he has good reason to believe, and does believe, either
(1) That there was error or fraud in the count or in returns of the inspectors of the election.
(2) That there was fraud or error in the count or in the determination of said board of canvassers.
(3) That there was error or fraud in both, and further stating that he believes that unless the ballot boxes are opened and votes counted without unnecessary delay, his rights will be jeopardized.
Said petition shall be in writing and shall be subscribed and sworn to by the person or by some one in his behalf. A copy thereof shall be served upon the person or persons who are candidates for such office at said primary election.