Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1891-05-08

clerical merely exist they shall cause the
S .'a,. statement to be sent by one. Of their
nnunoer. or by messenger whom they shhll
trict canvassers Of the county. town Or dis
trlct from which such statements were re-
ceived, to have the same corrected; and the
persons SO deputcd shall Immediately
whose duty it shall be forthwith to
assemble together ana make such corrections
as the facts OF the case may require; but
snen county, town or district canvassers
any decision before made by them, but shall
only cause their canvass to be correctly
stated; and such board of canvassers are au-
purpose of revising such statements, sucn
adjournment not to exceed bevond ten u0)
days
SEC. 81. State Canvassing Board-The sec
rotary Of state shall call TO his assistance two
two G) disinterested judges of the district
court Of the state, who shall constitute the
state canvassing board; the secretary Of
state shall appoint meeting of the state
the third (3d) Tuesday Of Decer,Der after
each general election, and within thirty (3O)
days after special election. If q majority
OF said board shall be unable, or shall fail to
after attend on the day appointed he shall select
court, and notify to attend, as many as may
be necessary to constitute required num-
Der. Upon being notified, said judges .hall
attend without delay, and with the officers
SEC. s.. The board, when formed, shall,
upon the certified copies Of the statements
made by the county canvassing boards, pro-
ceed to make statement OF the whole num-
Der of votes given at such election for the
various state officers, which statement shall
contain the names Of the persons to whom
such votes have been given for any state
office, and the whole number of
several counties in which they are given.
Said board shall certify such statement to be
correct. and shall subscribe TO the same with
their proper names.
SEC. 50. At the same time said canvassing
board shall open the returns made to the Sec
rotary OF state for members of congress. and
Tor electors OF president and vice president
OF the United States, and shall forthwith pro-
coed to make a statement of the number Of
votes given for the different persons voted
Tor for the said offices. and the person or per-
sons having the highest number of votes for
each Office shall be considered duly elected ;
but if it appears that more than the number
dent and vice president have the highest and
an equal number of votes, the secretary Of
state, in the presence of the officers present.
shall decide by lot which Of the persons
shall be elected as such electors, and to each
person duly elected the governor shall give q
certificate Of election signed by him. sealed
by the great seal and countersigned by the
secretary OF state, and shall transmit the said
certificate to each person SO elected, and
snail cause the election of electors to be pup
lished i'll the newspapers printed at the seat
of government, Immediately after the said
canvassis completed. If there shall be tie
in the. number OF votes received by candi-
dates for representatives in congress who re-
ceivc the highest number of votes. a special
election shall be called, az hereinafter pro-
Vlded, for the election of q representative or
representatives in congress, in the district or
districts in which said tie vote occurred.
said shall, at twelve Q2) O'Clock on
the day DIRECTED by the congress Of the
United states. meet at the seat of govern
mcnt of this state, and then and there per-
constitution and laws of the United States.
SEC. S.. Every elector of president and
vice president Of the United States shall, be-
fore the hour of twelve (E) on the day next
preceding the d2y dxed BY law for congress
notice to the governor that he is at the seat Of
government and is ready at the proper time to
fulfill the duties of an elector; and the gov
ernor shall forthwith deliver to the electors
present certificate of all The names OF the
electors, and if any electors named therein
fail to appear before nine (0) o'clock on the
morning Of the day of the election Of presi-
dent and vice president Of the United States.
the electors then present shall Immediately
proceed to electhy ballot, in the presence Of
the governor. persons to fill such vacancies.
SEC. ST. If more than the number Of per-
sons required to fill such vacancies as afore.
said have the hishes: and an equal number
of votes, the governor. III the presence of the
electors attending, shall decide by lot which
of said persons shall be elected; otherwise,
they, to the number required, having the
greatest number OF votes shall be considered
elected to I'LL such vacancies.
SEQ. 81. Immediately after such choice is
made, the names of the persons so chosen
shall be certified to the governor by the
electors making such choice. and the gov
given in writing to the electors SO chosen.
and to fill such vacancy, and the persons SO
chosen shall be electors and shall meet the
other electors at the same time and place,
lar the duties enjoined on Them as electors
aforesaid by the constitution and laws of the
United States and of this state.
SPECIAL ELECTIONS.
SEQ. SO. Whenever there is no election OF
any state or county officers, or OF
the required number Of members Of the
house Of representatives or senate, OF Of
Representatives. congress by reason OF any
two or more persons having an equal and
the highest number Of votes for any such Of
fee, or whenever any vacancy occurs in any
OF the said offices, which said vacancy is not
otherwise provided for, the governor, within
ten Q0) days after he is Informed of such
vacancy or failure to elect, shall issue
ultC wig SkCCA&iI
be held in the proper election district or dis.
tricts. At n time to be specified in the proc
lamation, not moro than twenty (20) days
from the date thereof, to fill such office. and
hereinbetore provided for calling elections.
and the same shall be held and conducted,
and the returns thereof made and canvassed
in the same manner as general elections are
held, conducted and the returns thereof
made and canvassed; provided, that if the
vacancy occur in the Office of representative
in congress, or state senator, or member of
the house Of representatives, and there be no
session OF the legislature or congress be-
the next general election occurring twenty
eight (28) or more days thereafter. such
vacancy shall be filed at the general cleo
ton.
SEC 80. In elections to fill any vacancy
tor shall, within fifteen Q5) days after such
election. transmit statements Of the votes
given to the Office Of secretary Of state, and
take his receipt therefor under the penalty
OF FIVE hundred (50U) dollars fine, to be recov-
cred from him IN civil action in the name
Of the county. and the county treasurer for
the time being, shall sue for and recover the
penalty for the use of the county.
SEC. 70. If a vacancy occur in the senate
or house or representatives for any cause.
and if the county composing the district in
which that vacancy occurs has been divided
after the election of member whose seat is
vacant, stlcn elect1On snail De ordered IN
every county, or part of any county, of which
such district was originally composed; but
no person shall be permitted to vote ut such
election who does not at that time reside
within the limits Of the original county or
district in which the vacancy occurred.
SEC. 81. Contrasting Election-Any candi-
date or elector of the proper county, sena-
torial judicial or election district, wishing
to contest the validity of the election, or the
right of any elector declared duly elected to
the senate or house of representatives in this
state, or to contest his right to seat therein,
shall give notice thereof In writing to the
person whose election or right TO a seat he
intends to contest. or leave written notice
thereof where such person last resided, with
in twenty (20) days after the votes have been
canvassed by the county canvassing board,
specifying the points on which the election
will be contested, and naming two (2) jus.
tees Of the peace of the county in which he
resides who will officiate at the taking Of the
deposition. and when and where they will
attend to take the same; all notices shall be
served at least ten (lO) days before the day
designated therein for the taking Of such dep
ositions, but the time fixed for the taxing
of the same shall not exceed forty-flve (45)
days from the day of the election.
SEC. %. That said justices. or either Of
them, shall issue subpenas to all
persons whose testimony is required by
either of the parties: and said two C) jus-
tees shall take, under oath, all testimony re-
lating to such contested election. and certify
the same under seal to the presiding officer