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PART X.

OF THE ELECTION OF SENATORS AND REPRESENTATIVES IN CONGRESS AND PRESIDENTIAL

ELECTORS.

Election of senators, 170.

Certificate of election, 171.

Representatives, when elected, 172.

Resignation or death of representative, 173.

ELECTION OF ELECTORS OF PRESIDENT AND VICE-PRESIDENT.

When elected, 174.

How nominated, 174a.

When electors to meet; vacancies, how filled, 175.

Certificates of election, 176.

Electors' compensation, 177.

170. Election of senators. [Sec. 94u, Statutes of 1898.] Senators in congress shall hereafter be elected as provided by the statutes of the United States. The meeting of the senate and assembly in joint convention shall be held in the hall of the assembly. Each member shall vote viva voce upon a call of the roll, and such votes shall be entered upon the journal of the convention. The president of the senate and speaker of the assembly shall cause a statement in duplicate of the result of such election to be made under their hands, certifying who has been chosen such senator; one of which statements they shall deliver to the governor, to be filed and recorded in the executive office, and the other they shall deliver to the secretary of state, who shall file and record the same in his office. In case the president of the senate and speaker of the assembly or either of them shall neglect or refuse to execute and deliver such statement, the chief clerk of the sen

ate or of the assembly, respectively, shall make and deliver, as aforesaid, such statement in duplicate, setting forth the whole number of votes given on the final ballot and the number thereof received by each person then voted for.

171. Certificate of election. [Sec. 94v, Statutes of 1898.] Immediately thereafter the governor shall certify the election. of such senator under the great seal to the president of the senate of the United States, and the secretary of state shall countersign such certificate.

172. Representatives, when elected. [Sec. 94w, Statutes of 1898.] A representative in the congress of the United States shall be chosen in each of the congressional districts into which the state is or shall be divided, at the general election in the year one thousand eight hundred and ninety-eight, and every two years thereafter.

173. Resignation or death of representative. [Sec. 94x, Statutes of 1898.] If a representative in congress shall resign, he shall forthwith transmit a notice of his resignation to the secretary of state; and if a vacancy shall occur by death. or otherwise in the office of representative in congress, the county clerk of the county in which such representative shall have resided at the time of his election shall, without delay, transmit a notice of such vacancy to the secretary of state.

ELECTION OF ELECTORS OF PRESIDENT AND VICE-PRESIDENT.

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174. When elected. [Sec. 1, ch. 369, laws of 1905.] There shall be chosen at an election held in each precinct of the state on the first Tuesday of April, in each year in which electors for president and vice president of the United States are to be elected, delegates to the national convention of each. party to nominate candidates for president and vice president. Such elections shall be noticed, held and conducted and the results canvassed and returned in the same manner that elections of judges of the supreme and circuit courts are noticed, held and conducted and the results canvassed and returned. The four candidates for delegates-at-large, of each political party, receiving the highest number of votes shall be the dele

gates-at-large and the four receiving the fifth, sixth, seventh and eighth largest number of votes shall be alternate-at-large. The two candidates for delegates, of each political party, in each congressional district receiving the highest number of votes shall be delegates from such district and the two receiving the third and fourth highest number of votes shall be alternates.

"Although the eléctors are appointed and act under and pursuant to the constitution of the United States they are no more officers or agents of the United States than are the members of the state legislatures when acting as electors of federal senators, or the people of the states when acting as electors of representatives in congress." Hence state courts have jurisdiction of a prosecution for illegal voting for such electors. In re Green, 134 U. S., 337.

174a. How nominated. [Section 2, ch. 369, laws of 1905.] Nominations for candidates for delegates shall be made by nomination papers, in the manner provided by law for nomination of candidates to be voted for at a general election.

175. When electors to meet-Vacancies, how filled. [Sec. 94z, Statutes of 1898.] The electors of president and vice president shall convene at the capitol of this state on the second Monday in January next after their election, at the hour of twelve o'clock noon, of that day, and if there shall be any vacancy in the office of an elector, occasioned by death, refusal to act, neglect to attend, or other cause, the electors present shall immediately proceed to fill by ballot, and by plurality of votes, such vacancy in the electoral college, and when all the electors shall appear, or the vacancies shall have been filled as above provided, they shall proceed to perform the duties required of such electors by the constitution and laws of the United States.

176. Certificates of election. [Sec. 94aa, Statutes of 1895.] The secretary of state shall prepare three lists of the names of the electors, procure thereto the signature of the governor, affix the great seal of the state to the same, and deliver such certificates thus sigred to one of the electors on or before the said second Monday in January.

177. Electors' compensation. [Sec. 94ab, Statutes of 1898.] Every elector of this state for the election of a president and

vice president of the United States, who shall attend and give his vote for those officers, at the time and place appointed by law, shall be entitled to receive two dollars and fifty cents for each day's attendance at such election, and ten cents for every mile he shall travel in going to and returning from the place where the electors shall meet, on the most usual route, to be paid out of the state treasury.

PART XI.

ELECTION OF COUNTY OFFICERS.

Time of, 178.

What officers to be chosen, 179.

County judge, when elected, 180.

County superintendent, who eligible, 181.
Members of county board, 182.

178. Time of. [Part of sec. 4, art. 6, constitution.] Sheriffs, coroners, registers of deeds, district attorneys, and all other county officers, except judicial officers, shall be chosen by the electors of the respective counties, once in every two years, Sheriffs shall hold no other office, and be ineligible for two years next succeeding the termination of their offices.

179. What officers to be chosen. [Sec. 698, Statutes of 1898, as amended by ch. 307, laws of 1903.] At the general election in the year one thousand nine hundred and four and biennially thereafter, there shall be elected in each county for a regular term, the following county officers, viz.: A county lerk, treasurer, sheriff, coroner, clerk of circuit court, district attorney, register of deeds and surveyor. The regular term of office of all such officers shall commence on the first Monday of January next succeeding their election and continue two years; but each such officer, including those now in office, shall hold his office until his successor is qualified.

A superintendent of schools shall be chosen by the qualified electors of each superintendent district in the state of Wisconsin, at the election to be held on the first Tuesday in April in the year one thousand nine hundred and five and biennially thereafter, and said officer shall hold his office for the term of two years from the succeeding first Monday of July. The

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