The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1891-05-07

| Eumoer, or by messenger whom they sIaH
e Of tRe comfy ~ town Of
trict from which such statements were re-
celved, to have the same corrected; ana the
persons so deputed shall Immediately
proceed and give notice, to the said
county, town or district. canyassers,
whose duty 1t shall be forthwith to
| assemble together ana make such corrections
facts OF the may but
shall not, at such meeting, change or alter
any decision before made by them, but shall
only cause their canvass to be correctly
! stated; and such board of canvassers are au-
thorized to adjourn from day to day for the
purpose of revising such statements, such
adjournment not to exceed beyond ten (10)
days.
SEC. 81. State Canvassing Board-The Sec
Rotary of state shall call to bis assistance two
(2) or more judges of the Supreme court, and
two C2) disinterested judges OF the district
court OF the state. who shall constitute the
state shall appoint meeting OF the state
canvassing board to be held in his office
the third (3d) Tuesday of December after
each general election, and within thirty 500
days after special election. If majority
Of said board shall be unable, or shall fail to
attend on the day appointed, ne shall select
from the disinterested judges of the supreme
court, and notify to attend, as many as may
be necessary to constitute required num-
Der. Upon being notified, said judges shall
attend without delay, and with the officers
attending shall form the board:
SEC 81. The board. when formed, shall,
! upon the certified copies of the statements
made by the county canvassing boards, pro-
coed to make statement of the whole num-
various state officers, which statement shall
con tain the names Of the persons to whom
such votes have been given for any state
office, aud 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.
board shall open the returns made to the sec
! rotary of state for members of congress- and
| for electors OF president and vice president
of the United States, and shall forth with pro-
| coed to make a statement of the number Of
! votes given for the different persons voted
for 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
| OF persons 10 be erected as electors of presi-
dent and vice president have the highest and
! al 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
certificate of election signed by him. sealed
| by the great seal and counterSgned by the
| secretary of state, and shall transmit the said
| certificate to each person SO elected, and
shall canse the election of electors to be pup
!
of government, Immediately after the said
| canyassis completed. If there shall be a tie
in the number of votes received by candi-
dates for representatives in congress who re-
| celve the highest number of votes. a special
election SHAH be called, az hereinafter pro-
| vided for the election of representative or
| representatives in congress, in the district or
districts in which said tie vote occurred
SEC. 81 The electors chosen as afore-
said shall, at twelve Q2) o'clock on
the day directed by the congress Of the
| United States meet at the seat Of govern
nent Of this state and then and there per
| form the duties enjoined on them by the
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 Q2) on the day next
| TO elect a president and vice president, give
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
| present a certificate of all the names of the
| electors, and if any electors named therein
! fail 10 appear before nine co. 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 elect by ballot. in the presence Of
the governor persons to fill such vacancies.
SEC. So. If more than the number of per-
| sons required to fill such vacancies as afore.
said have the highest and an equal number
| OF votes, the governor. in the presence of the
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.
SEC. 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
ernor shall Immediately cause notice to be
given In writing to the electors so chosen.
and to fl snch vacancy and the persons so
chosen shall be electors and shall meet the
other electors at the same time and place,
and then and there discharge all and singIl-
lar the duties enjOin6f ON them as electors
| aforesaid by the constitution and laws of the
United States and of this state.
SPECIAL ELECTIONS.
SEC. IS. Whenever there is 10 election Of
any state or county officers, or Of
the required number OF members of the
house of representatives or senate, or of
representatives in 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 a
proclamation dire ting that special election
be held in the proper election district or dis
trictS. at a time TO be specified in the proc
| lamation, not more than twenty COY days
from the date thereof, to fill such office, and
said election snail be called in the manner
hereinbetore provided for calling elections,
a.,
and the returns thereof made and canvassed
i'll 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-
tween the happening of such vacancy and
the next general election occurring twenty
eight (2S) or more days thereafter. such
vacancy shall be filled at the general cleo
ton.
SEC 49, In elections to fill any vacancy
specified in the preceding section the audi
tor shall, within fifteen O5) 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 500 dollars fine, to be recov-
cred from him in a 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. 30. If q 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 such election shall be ordered in
every county, or part of any county, of which
such district was originally composed; but
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-
AatC VI ClCCtol VI thO PIOpeF county, SSDd-
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 a seat therein,
shall give notice thereof in writing to the
person whose election or right to a seat he
intends to contest, or leave a written notice
thereof where such person last resided, with
in twenty (2O) days after the votes have been
| canvassed by the county canvassing board,
specifying the points on which the election
will be contested. ana 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 (01 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-fiye AS
days from the day of the election.
SEC. %. That said justices, OF either Of
them, shall - issue subpnnas to all
persons whose testimony is required BY
either Of the parties: and said two (2) JUS
tees shall take, under OATH all testimony re-
lating to such contested election, and certify