President and Vice-President of the United States, and perform the duties required by the Constitution and laws of the United States. (R. S. 1908 and 1914, §7121; R. S. 1901, §6349; R. S. 1897, §6651; R. S. 1894, §6349; R. S. 1881, §4778.)

293. Pay of Electors and Marshals.

11. The compensation of such Electors and Marshals shall be audited by the Auditor of State, and paid by the State Treasurer out of any moneys not otherwise appropriated, as follows, to-wit: Such Electors as attend shall receive the same per diem and mileage as members of the General Assembly; each Marshal shall be allowed ten cents for every mile he shall travel in collecting said returns, and in going to and from the seat of government, to be computed by the nearest and most usual route from countyseat to county-seat, and to the seat of government to and from the county-seat of the county in which he resides. (R. S. 1908 and 1914, §7122; R. S. 1901, §6350; R. S. 1897, §6652; R. S. 1894, $6350; R. S. 1881, §4779.)

[PUBLIC-No. 111-63D Congress.]

[S. 2860.]

An Act Providing a temporary method of conducting the nomination and election of United States Senators.

294.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That at the regular election held in any State next preceding the expiration of the term for which any Senator was elected to represent such State in Congress, at which election a Representative to Congress is regularly by law to be chosen, a United States Senator from said State shall be elected by the people thereof for the term commencing on the fourth day of March next thereafter.

SEC. 2. That in any State wherein a United States Senator is hereafter to be elected either at a general election or at any special election called by the executive authority thereof to fill a yacancy, until or unless otherwise specially provided by the legislature thereof, the nomination of candidates for such office not heretofore made shall be made, the election to fill the same conducted, and the result thereof determined, as near as may be in accordance with the laws of such State regulating the nomi

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nation of candidates for and election of Members at Large of the National House of Representatives: Provided, That in case no provision is made in any State for the nomination or election of Representatives at Large, the procedure shall be in accordance with the laws of such State respecting the ordinary executive and administrative officers thereof who are elected by the vote of the people of the entire State: And provided further, That in any case the candidate for Senator receiving the highest number of votes shall be deemed elected.

SEC. 3. That section two of this Act shall expire by limitation at the end of three years from the date of its approval (Approved June 4, 1914.)

CHAPTER 5.

ELECTION OF UNITED STATES SENATORS AND APPOINTMENT FOR UNEXPIRED TERM.

An Act to provide for the election of senators of the United States by the people, and to authorize the governor to fill vacancies in the United States senate from Indiana, by appointment until an election for the unexpired term can be held by the people.

295.

United States Senators-Election.

1. That on the first Tuesday after the first Monday in November, 1916, and every six years thereafter, and on the first Tuesday after the first Monday in November 1920, and every six years thereafter, there shall be elected by the qualified electors of the State a senator of the United States, for the term beginning on the fourth day of March next succeeding such election.

2. The election of senators of the United States and the nomination of candidates therefor shall in every respect, except as herein otherwise provided, be governed by the laws governing the election and nomination of State officers.

297. Clerk Circuit Court-Duties.

3. Whenever there shall have been at any election an election of senator of the United States, the clerk of the circuit court, in each of the several counties shall make out, certify, seal and transmit to the secretary of state, in like time and manner as is provided by law in the case of representatives in congress, a statement of the number of votes given to each person for senator.

298. Secretary of State-Duties.

4. The Secretary of State shall compare and estimate the votes given for senator of the United States, and shall in like

manner as are now prescribed by law in case of elections of representatives in congress, certify to the governor the name of the person having the highest number of votes as duly elected senator of the United States.

299. Governor-Certificate of Election.

5. The governor shall, upon receipt of the certificate from the secretary of state as hereinbefore provided, give to the person whose name is so certified as having been duly elected senator of the United States, a certificate of election sealed with the seal and attested by the secretary of state.

300. Vacancy-How Filled.

6. When, for any cause whatsoever, a vacancy occurs in the representation of the State of Indiana in the senate of the United States, the same shall be filled forthwith by the governor who shall have power to appoint to fill such vacancy, some suitable person possessing the qualification necessary for senator. The person so appointed shall hold office until the next regular election of state officers when such vacancy shall be filled by the election of a senator who shall hold office for the unexpired term.

301. Election Notice.

7. Whenever there is to be elected at a regular state election, a person to fill an unexpired term of senator of the United States, the governor shall, not less than thirty days preceding said election, issue his writs to the sheriffs of the several counties in manner as prescribed by law for special elections not otherwise provided for, and the sheriffs who receive such writs shall give notice of such election in like manner as in the case of regular elections. Such elections of senators shall be conducted, returned, certified and canvassed and certificates shall issue under the provisions of the election laws of the state so far as the same are applicable.

302.

[Acts 1901, p. 591. Approved and in force March 15, 1901.]

Commission.

1. There is hereby constituted a body to be known as the Indiana Voting Machine Commission. It shall consist of three members, competent and responsible persons, one of whom shall be a mechanical expert, not more than two of whom shall be members of the same political party, and none of whom shall have any pecuniary interest in any voting machine. Their term of office shall be four years from date of appointment. They and their successors shall be appointed by the Governor, who shall have power to remove a Commissioner at any time and to fill all vacancies. The first Commissioner shall be appointed within thirty days after the taking effect of this act. The Commissioners shall qualify by taking an oath in writing to support the Constitution of the United States and of the State of Indiana, and to faithfully and honestly discharge their duties and filing the same in the office of the Auditor of State, and all such examinations shall be public. (R. S. 1908 and 1914, §7021; R. S. 1901, $6326.)

2. Any person or corporation owning or being interested in any voting machine may apply to said Commission to examine such machine and report on its accuracy, efficiency and capacity. The Commissioners shall examine the machine and make and file a report thereon in the office of the Secretary of State. They shall state in the report whether the kind of machine so examined com