New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1891-04-29

same manner as if found in the proper box;
provided, that the counting Of such ballot or
ballots shall not produce an excess OF votes
above the number of votes designated on the
poll lists. The boxes used at such election
shall be opened and the votes therein can.
.Yassed III the same manner above PROVIDED,
but as nearly as may be in the following
order: First-The box containing the white
ballots. Second-The box containing the
ballots tinted blue. Third-The box con
tanning the ballots tinted red. The ballots in
the box provided for women shall also be
canvassed for such Offices as. they are en-
titled to vote for. ,.-.
SEC. II. After the canvass is thus com
p!eted the judges of election, before they are
dispersed, shall enclose the said returns IN an
envelope, seal the same and indorse thereon
the election district Of (naming the name Of
the town or ward or city, in the county OF
-" and direct the same to the county
auditor Of that county, and. in the case or
city electio9 to the city clerk OF Iee co
ried by one OF said judges, to be chosen by
lot if not otherwise agreed upon, and
delivered to the said county auditor at
ms office; and in the case, OF city eiec-
tons to the city clerk or recorder at his office;
provided, that the said returns OF election in
unoIganiZed counties shall be made to the
auditor OF the county to which they are at
tached for election purposes; and the votes
shall be canvassed and certificates Of election
issued to the persons elected IN the same
manner provided in this chapter for canvass
ing the votes and issuing certificates or elec-
ton in organized counties. Provided further,
that in all cities of over twelve thousand in:
habitants the ballots in the ballot boxes, and
all documents heretofore provided for, shall
be forthwith carried by all OF the judges ana
clerks to the Office of the city clerk OF re-
corder. and by them delivered to such officer.
(1a
place. or leave their ballots and returns at
any place or with any person, before SUCH de-
livery to such officer. Said city clerk or re-
corder, as the case may be, shall remain in
his off1ce to receive such returns or ballot
boxes and ballots until all Of the same from
all OF the election districts within his said
city have been SO returned to him. SAID city
clerk or recorder shall keep book in which
and clerks the names of SAID judges and the
hour at which they returned and delivered
to him said returns and ballot boxes and bal.
lots; which book shall be preserved by said
length of time as he is required to preserve
the ballots cast at such election.
Provided further, That the Judges OF an
% ths situate ha 1ts n
ton returns within twenty-four CD
hours after the time of closing the
polls; and in all other cases the returns
shall be filed within seventy-two (72) hours
failing to file returns as herein provided shall
be deemed guilty of misdemeanor.
And further provided, That if any commit
tees of the political parties represented on
the ticket voted at such election, shall. on or
before the day of election, apply to the legal
custodian of the ballot box or ballot boxes
for permission to atfix additional seals and
securities to the ballot boxes within the con,
troll Of such custodian, said custodian shall
give such permission, and Immediately notify
the party SO applying Of the time when the
same shall be done, which time shall not be
later than two ~ days after election. and
that such custodian shall forthwith, after re-
ceipt Of such application, notify all parties
represented upon such election ticket of the
fact of such application, and the time when
such seals VIII be affixed, and that at such
time 80 designated at the Office Of SAID Gus
todan. in the presence Of such custodian
and OF the representatives Of the political
parties upon said ticket, the party 80 apply
ing shall have the right to ahix additional
seals and securities. and in any manner Sc
cure and mark the same. and that any of the
other parties then present shall have the
same iSht and privileges as the party 30 ap-
plying, and
Further provided. That none Of said parties
shall in any manner injure and i'm pair any Of
the seals on said box hereinbefore provided.
SEC. II. A true copy of the returns made
by the judges shall also be made and certified
by them, and forthwith filed by them in the
Office Of the town, city or village clerk within
the time specified in the preceding section.
SEC. Is. No election returns shall be re-
fused by any auditor for the reason that the
same are returned or delivered to him in any
other than the manner directed herein; e1-
cept that they must be sealed, nor shall the
Cal .sssing board of any county refuse to in
clude any returns in their estimated votes on
account of any informally in holding any
election OF making returns thereof, but all
returns shall be received and the votes can
vassed by such canvassing board. and in
cluoed In its statements. provided there is q
substantial compliance with the provision
of this chapter.
SEC. "a. County Canvassing Board-The
county auditor. the chairman Of the board Of
county commissioners. and two (2) justices
OF the peace of the same county, of opposite
the auditor, shall constitute the county can
Wasting board. and on or before the tenth
Q0th) day after the election, said board shall
proceed, after taking the usual oath of Office,
to openly and publicly canvass the returns
make separate statement containing the
whole number Of votes given in such county
for the Office Of governor and lieutenant
governor, chief or associate justices Of the
supreme court. secretary OF state, auditor Of
state, treasurer Of state, clerk of the supreme
court judges Of the district court and all
other officers of the state, tho names of the
persons for whom such votes were given and
the number Of votes given for each. They
shall make another statement for all county
officers voted for and the names Of the per-
sons for whom such votes were given. An
other statement s1aa., OF the votes for
Of the persons for whom such votes
were given. Another statement of the
votes given for representative in congress in
each district. or any Or either of them, and
the names Of the persons for whom such
votes were given; another statement OF the
votes upon any proposed change Of county
line or county seat. and another Of the votes
given for and against proposed amendments
n ha GJ1nh of ha1
be signed and certified by the county can
wasting board, and deposited in the said
auditors office, and two (2) copies thereof
shall be certified under the official seal of the
auditor, one % of which shall be enclosed
and directed to the secretary Of state and be
forwarded to the seat of government by mail,
and the other list shall be enclosed and for
warded to the secretary Of state in a like
mail, and within five 81 days after such first
copy shall have been so transmitted. In The
event that neither of said copies so trans
mttted shall be received by the secretary Of
ton, the county auditor shall transmit, BY a
messenger to be deputed by him, upon MOTIF
cation from the secretary of state, another
copy Of such statement If within twenty
shall have been received by the secretary Of
state from each county in. the state, 1t shall
be his duty to Immediately notify the auditor
of each county from which such returns have
noC Deen received, OF SucQ laCt. Inc county
auditor shall endorse on the envelope inclos-
ing each of such statements or copies, the
names of the auditor aud his official resi-
denee and the words election returns"
SEQ rs. Any three (0 Of Eaid county can
wasting board shall constitute q quorum, and
are authorized to make the canvass provided
for in the last section. .--.- ..-p -. /
SEQ. rs. At the close Of tho canvass, rs
provided IN section seventy-four ca, the
board Of canvassers shall declare the person
having the highest number of votes for any
county oftics duly elected. subject to an APP
peal to the district court of tho PROPER
county; and, in case said county, con-
tatns senatorial or representative district,
then the persons having the highest number
for senator or representative shall be de-
clared by said board duly elected. In case Of
an appeal, notice thereof shall be entered
with the CLERK of said court within twenty
(20) days after the day Of election. -
SEQ. II. The county auditor shall make
out for every county omcer elected, and also
for each of tho senators and Representative
elected to the legislature, if such county CON
stltutes senatorial or representative dis.
trict, certificate Of such election, and shall
deliver the same to the person entitled
thereto, upon demand, without fee; and ihe
shall also make out for any candidates or
elector Of his county statement Of voteAhas
provided IN sections seventy four 14), sev-