Notice to opposing candidate. Investigation. May demand etc. 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 sum of twenty-five dollars for each such county in which the fraud or mistake is established shall be returned to the petitioner upon the order of the board of state canvassers and in case such recount shall change the result of the election, the entire amount deposited by petitioner shall be returned to him. SEC. 4. Any candidate filing such petition and making the deposit herein required, shall 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. SEC. 5. The board of state canvassers at as early a date as possible after the receipt of such petition and the deposit required, shall investigate the facts set forth in said petition and cause a recount of the votes cast in the particular wards and townships in question. SEC. 6. The board of state canvassers shall have the right ballot boxes, and authority to demand and cause the ballot boxes, keys and election seals and returns in connection with any such election to be brought before it. When and where held. Who may conduct. Assistants, etc. May sum tors, etc. SEC. 7. The said board shall also have the right to prescribe the place when and where the recount of any such votes shall be conducted, which shall be in public. SEC. 8. It shall not be necessary for all of the members of said board to [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. SEC. 9. The 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. SEC. 10. The said board of state canvassers or any member mon inspec- 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 request of the board of state canvassers, or any member 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. Expenses, how paid. SEC. 11. All expenses incurred under authority of this chapter 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. and recount. SEC. 12. The said board of state canvassers, or any mem- Opening of ber thereof, shall at the time and place prescribed, where the ballot boxes interested candidates and their counsel, or the representative of any party or cause can be present, if they so desire, proceed forthwith to open the ballot boxes from the designated What to townships or wards and make a recount thereof as to such show. candidates, question or proposition, and make a full, complete and correct return in writing, showing the 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 words and figures. count com SEC. 13. When the recount is completed the said board, when reor the member thereof conducting the same, shall at once pleted. return the ballots to their respective boxes, carefully fasten and seal said boxes and deliver them and the keys and election seals to the officer or officers having the care and custody thereof. one member. SEC. 14. Whenever a recount is conducted by a particular when conmember of the said board, it shall be the duty of the member ducted by 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. deemed SEC. 15. The returns made by the said board of state Returns canvassers of any recount shall be deemed to be correct, any- correct. thing in the return of any board of election inspectors or any county canvassing board to the contrary notwithstanding. SEC. 16. The provisions of this chapter shall not be con- Not applicastrued to include a recount of any primary election. ble to primary. SEC. 17. Nothing in this chapter contained shall be con- Court action strued to repeal any action or remedy which may now exist not repealed. by reference of any action to the courts. CHAPTER XX Electors of President and Vice-President certified. SECTION 1. As soon as practicable after the state board Presidential of canvassers has, by the official canvass, ascertained the re- electors, how sult of an election as to electors of president and vice-president of the United States, the governor shall certify, under the seal of the state, to the secretary of state of the United States, the names and postoffice addresses of the electors of this state chosen as electors of president and vice-president of the United States. The governor shall also transmit to each elector chosen as an elector for president and vice-president of the United States a certificate, in triplicate, under the seal of the state, of his election. When and where to convene. Voting machines. Purchase, etc. How constructed. SEC. 2. The electors of president and vice-president shall convene in the senate chamber, at the capitol of the state at the hour of twelve o'clock noon, on the second Monday of January next following their election. If at such time there shall be any vacancy, caused by death, refusal to act, or neglect to attend at the hour of twelve o'clock noon of said day, or on account of any two of the persons voted for as such 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 of president and vice-president shall proceed to fill such vacancy by ballot, by a plurality of votes. When all the electors shall appear and the 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. CHAPTER XXI Voting Machines SECTION 1. At all state, county, city, village and township elections hereafter held in this state, ballots or votes may be cast, registered, recorded and counted by means of voting machines, as provided in this chapter. SEC. 2. Hereafter the board of supervisors of any county, the legislative body of any incorporated city or village, or the township board of any township in the state of Michigan, may, by a majority vote, authorize, purchase and order the use of any thoroughly tested or reliable voting machine in any one or more voting precincts within said county, city, village or township until otherwise ordered by the officers adopting the same. SEC. 3. A voting machine to be purchased as provided in section two of this chapter must be so constructed as to provide facilities for voting for the candidates of at least seven different parties or organizations, and must permit all voters to vote for any person for any office, whether or not nominated as a candidate by any party or organization, and must permit voting in secrecy. It shall also be so constructed that votes may be cast thereon for constitutional amendments or any other public measure; it must also be so constructed as to provide for at least thirty candidates for each party organization at any and all elections and said machine must be constructed of good and durable material in a workmanlike manner, and also so constructed that it can be easily and conveniently operated by inspectors of election and the voters; it must also be so constructed as to prevent voting for more than one person for the same office, except where the voter is entitled to vote for more than one person for that office, and it must afford him an opportunity to vote for any and all persons for that office as he is by law entitled to vote for and no more, at the same time preventing his vot ing for the same person twice. It may also be provided with one ballot in each column containing the words "Presidential Electors", preceded by the party name, and a vote for such ballot shall operate as a vote for all the candidates of such party for presidential electors: Provided, That there shall be Proviso. provided in conjunction with such machine, suitable to the type of machine used, a means of voting "mixed" or "split" tickets for presidential electors. SEC. 4. The board of supervisors of any county, the com- Who to mon council of any city or village, or the township board of provide, etc. any township adopting a voting machine, shall, as soon as practicable thereafter, provide for each election district a voting machine in complete working order and shall thereafter keep the same in repair and shall have the custody thereof, and of the furniture and equipment of the polling place when not in use at an election. If it shall be impracticable to supply each and every election district with a voting machine at any election following such adoption, as many may be supplied as it is practicable to procure, and the same may be used in such election district or districts within the county, city, village or township as the officers adopting same may determine. More than one voting machine may be provided and used in any election precinct. for, how SEC 5. The board of supervisors of any county, the legis- Payment lative body of any city or village, or the township board of made. any township on the adoption and purchase of voting machines may provide for the payment thereof in such manner as they deem for the best interest of the county, city, village or township, and may for that purpose issue serial bonds provided three-fifths of those voting at a general election vote in favor of issuing such bonds. It is further provided that in case any city, village or township of a county in which the use of voting machines shall have been determined upon by the board of supervisors, shall have previously purchased voting machines, such city, township or village shall have returned to it from the general fund of said county such pro rata amount of the whole cost for the county as the number of voting precincts so previously provided by any such city, township or village, bears to the whole number in the county, but not exceeding the amount previously paid by any such city, township, or village. SEC. 6. All ballot labels shall be printed in black ink, Ballot labels. on clear white material of such size as will fit the ballot frame and in plain type as the space will reasonably permit. The party vignette and the name for each political party represented on the machines shall be prefixed to the name of the candidates for such party. The names of candi- Names, how dates for office to be voted for at such election shall be placed. placed upon such machines in the same order that the names of candidates for office are now required to be placed upon printed ballots by the general election law. Where candidates for local offices in any city, village or township are to Order of. Proviso, local officers. Additional sets of labels furnished. be voted for at the same election with state or county candidates, the names of the candidates for such offices shall be placed last upon such voting machines, following the names of candidates for state, county and other offices to be voted for at such election. The order in which the names of such candidates for local offices shall be placed upon such machines shall be prescribed by the board of election commissioners of the city, village or township, as the case may be. Where amendments to the constitution or other questions are to be voted on, such amendments or questions shall be placed on the voting machine, upon the portion of the keyboard provided therefor. In city and village elections where any special question is to be voted on, a condensed statement of such question may be placed upon the voting machine in lieu of a verbatim statement of such question. Such condensed statement shall be in such form as to apprise the voter of the exact question to be voted on. Two or more independent nominations may be placed upon the same party row and such candidates shall be voted for individually. The party lever or device, if any, in connection with such party row, shall be locked whenever such party row does not contain the names of candidates of a party organization or the names of an independent body which may have nominated candidates for more than one office. The vignettes adopted for such independent candidates, if any, shall be printed upon the ballot labels in connection with the names of such candidates. Where voting machines are purchased or are used the election commissioners of the county, city or village or township shall not be required to print and furnish paper ballots for election districts using voting machines, except for any question or matter that cannot be provided for by the voting machines. The board of election commissioners of the county shall cause to be printed ballot labels or slips containing the names of candidates for all offices to be voted for or questions to be voted upon, except when the city, village or township officials only are to be elected, at which time the city, village or township clerk shall provide such ballot labels for use upon such voting machines, and shall forward the same to the board of election commissioners of each city, village or township within the county where such voting machines are used at least five secular days before the day of election: Provided, That whenever local officers are to be elected at any such general election, it shall be the duty of the city, township or village clerk, respectively, to file with the board of election commissioners of the county, the titles of offices, the names of all candidates to be voted for, and all questions or propositions to be voted upon within such city, township or village, at that election. SEC. 7. One additional set of ballot labels shall be provided for each polling place for each election for use on the voting machine and the same shall be delivered by the board of election commissioners to the election board of each voting |