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EXTRACT OF AN “ACT FOR THE REGISTRY OF ELECTORS, AND TO PRE
VENT FRAUDULENT VOTING," APPROVED FEBRUARY 15, 1865. “ SECTION 17. The secretary of state shall cause this law to be printed in pamphlet form, with suitable forms and instructions for carrying it into effect, together with the general election law of the state, and a sufficient number of copies thereof sent to each county clerk in every county in this state to supply each of the officers named in this act with a copy. And it shall be the duty of each of said clerks to immediately transmit a copy of the same to each ou the judges or inspectors of election in his county.”
In accordance with the above quoted section, the following collation of the “ Election Laws" of this State, as well as the “Forms and Instructions,” have been made, and in compliance therewith this pamphlet is respectfully issued to the citizens of this state.
I have not considered it a part of either my duty or my privilege to attempt, here, any examination of the general law of elections, and have, therefore, confined the “Forms and Instructions” to the act, requiring them, known as the “Registry Law.”
But having received numerous communications regarding the laws of Congress, concerning foreigners who fought in the army and navy, and concerning deserters therefrom, and thinking it due to our citizens that these laws should be generally known, I have quoted the section bearing thereon.
The term “town meeting,” used in the “ Registry Law," has occasioned considerable correspondence. For the definition of this
. term, and its uses, I respectfully refer to the “Compilation of
I the laws relating to Township Organization.”
The FORM for “REGISTERS” is omitted, because the Blanks are herewith distributed, as required.
In the hope that this pamphlet may serve the purposes of the law, it is respectfully submitted.
Secretary of State.
of votes polled at
elections. 1 Scam. R., 577.
[Revised Statutes, 1845. Chapter XXXVIIT SECTION 1. [Repealed.]
§ 2. The clerks of the several county commissioner's Duty of county courts shall, within eight days next after holding an election abstract for electors, as is provided for in this chapter, make three presidential copies of the abstract of votes for electors, and transmit by mail one of said copies to the governor or person adminis- & ibid, 377. tering the government, another to the office of the secre- 12 m. R., 285. tary of state, and retain the third in his office, to be sent for by the governor, in case both the others should be mislaid. Within twenty days after the holding of such election, Canvass of the and sooner if all the returns are received, by either the governor or person administering the government, or by the secretary of state, the secretary of state, auditor of public accounts and treasurer, or any two of them, shall, in the presence of the governor or person administering the government, proceed to open and canvass said election returns, and to declare the persons having the highest number of votes elected; but should any two or more persons be Tie vote. returned with an equal and the highest vote, the said secretary of state shall cause a notice of the same to be published in the paper printed by the public printer, which notice shall name some day and place, not less than five days from the time of the publication of such notice, upon which the said secretary, auditor and treasurer will decide, by lot, which of said persons so equal and highest, are elected; and upon the day and at the place so appointed in said notice, the said secretary, auditor and treasurer, or any two of them, shall, in the presence of the governor, or person administering the government, decide, by lot, which of the persons so equal and highest, shall be elected.
$ 3. The governor, or person administering the govern. Result of elecment, shall cause the result of the said election to be pub- claimed by the lished in the paper printed by the public printer, and shall governor. transmit by mail to the persons elected, certificates of their election.
§ 4. The electors chosen, as aforesaid, shall meet at the Meeting of preseat of government'of this state, at the time appointed by the tors. laws of the United States, and give their votes in the manner herein provided, and perform such duties as are or may