having a general circulation in each of the counties composing the district, or in such other newspaper as the board may deem advisable, calling for bids for the construction of such work or of any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. Said notice shall set forth that plans and specifications can be seen at the office of the board, that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place appointed, and the same shall be opened in public. As soon as convenient thereafter the board shall let said work, either in portions or as a whole, to the lowest responsible bidder, or it may reject any or all bids. Contract for the purchase of material shall be awarded to the lowest responsible bidder. Any person or persons to whom a contract may be awarded shall enter into a bond with good and sufficient sureties, to be approved by the board, payable to said district for its use, for twenty-five per cent of the amount of the contract price, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer, and be approved by the board. ['96, p. 579. 779. Indebtedness. The board of directors, or other officers of the district shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this title. A debt or liability incurred in excess of such express provisions shall be and remain absolutely void, except that for the purpose of organization, or for any of the purposes of this title, the board may before the collection of the first assessment incur an indebtedness not exceeding in the aggregate the sum of two thousand dollars, and it may cause warrants of the district to issue therefor, bearing interest not exceeding seven per cent per annum. ['96, pp. 579-80*. TITLE 18. ELECTIONS. CHAPTER 1. GENERAL PROVISIONS. 780. General elections held biennially. There must be held throughout the state on the first Tuesday after the first Monday in November in the year eighteen hundred and ninety-eight, and biennially thereafter, an election to be known as the general election. ['96, p. 369*; '97, p. 163. Elections to be free; military not to interfere, Con. art. 1, sec. 17. General election held when, Con. art. 4, sec. 9. 781. General election defined. A general election is for the purpose of choosing in the proper years therefor as specified by the constitution and the laws, one or more of the following officers, to wit: representatives in congress, electors of president and vice-president of the United States, state and district officers, senators and representatives in the legislature, county and precinct officers, and, when necessary, voting upon the proposed amendments to the constitution as provided in article twenty-three of the constitution, and for such other purposes as may be provided by law. ['96, pp. 369-370; '97, pp. 163–4. Election of state officers, qualifications, etc., Con. art. 7, secs. 1, 2, 3; art. 8, secs. 2, 5; art. 24, sec. 12. Election of presidential electors, duties, etc., 22 881-885. Election of representative to congress, 886. Provisions concerning election of county and precinct officers, 2540-546. Provisions con cerning election of legislators, Con. art. 6, secs. 3-7. Where the statute provided that a general election for county collector should be held in the even numbered years, and another section pro782. Special election defined. at other times, for any purpose required elections. ['96, p. 370; '97, p. 164. vided that annually there should be a general election for officers not otherwise provided for; held, that an election for a county collector could not be held in August, 1891. People, ex rel. Murphy, v. Hardy, 8 U. 68; 29 P. 1118. Special elections are such as are held by law, except municipal and school Municipal election, general provisions, ?? 887-891. School election, 1804-1812, 1896–1900. 783. Election proclamation by governor. At least sixty days before a general election, and not less than ten days before a special election to fill a vacancy in the office of representative in congress or a member of the legislature, the governor must issue an election proclamation, under his hand and the great seal of the state, and transmit copies thereof to the boards of county commissioners of the counties in which such elections are to be held. Such proclamation must contain a statement of the time of election and the offices to be filled. ['96, p. 370*; '97, p. 164. 784. Id. Vacancy for legislator or congressman. When a vacancy or a failure to elect by reason of a tie vote or for any reason whatever, occurs in the office of representative in congress or member of the legislature, the governor must at once issue a proclamation calling an election to fill such vacancy; provided, that if there be no session of the legislature or of congress, as the case may be, between the happening of such vacancy and the next general election occurring forty-five or more days thereafter, such vacancy shall be filled at the general election. ['96, p. 370; '97, p. 164. Minn. (1894) 15. Governor to issue writ to fill vacancies in legislature, Con. art. 6, sec. 13. 785. Vacancy in executive or judicial office. Appointment. Election. If a vacancy occurs in the office of judge of the supreme or of the district court, secretary of state, state auditor, state treasurer, attorney general. or superintendent of public instruction, the governor shall appoint a person to hold the office until the election and qualification of a successor to fill the vacancy, which election shall take place at the next succeeding general election, and the person so elected shall hold the office for the remainder of the unexpired term. ['96, p. 370; '97, p. 164. Appointive power of governor, Con. art. 7, secs. 9, 10. Where a person claiming to be an officer de facto was in hiding, had no place of business, and could not be found after diligent search, nor communicated with through the postoffice; held, that he was not an officer de facto. Williams v. Clayton, 6 U. 86; 21 P. 398. An office is in contemplation of law vacant when the incumbent has never been legally in the exercise of it. People, ex rel. Dickson, v. Clayton, 4 U. 421; 11 P. 206. See 132 U. S. 632. People, ex rel. Dickson, v. Jack, 4 U. 438; 11 P. 213. See 132 U. S. 643. The term of office of a district judge appointed in 1896 to fill a vacancy caused by the resignation of a judge whose term extended until January, 1901, expired upon the qualification of his successor elected in November, 1896. Ritchie v. Richards, — U.; 47 P. 670. 786. Highest number of votes elects. The person receiving at any election the highest number of votes for any office to be filled at such election is elected thereto. ['96, p. 370; '97, p. 164. In county election, 22 874, 915. 787. Tie in election for state officers; presidential electors; county officers. In case any two or more persons have an equal and the highest number of votes for either governor, secretary of state, attorney general, state auditor, state treasurer, or superintendent of public instruction, the two houses of the legislature, at its next regular session, shall elect forthwith, by joint ballot, one of such persons for said office. In case any two or more persons have an equal and the highest number of votes for presidential electors, justice of the supreme court, or judge of a district court, the secretary of state must transmit to the governor a certified statement showing the vote cast for such persons, and thereupon the tie shall be decided by lot in the presence of the governor and secretary of state at a time fixed by the governor. In case any two or more persons have an equal and the highest number of votes for a member of a board of county commissioners, and by reason of such tie there is a failure to elect, the tie shall be decided by lot, in the presence of the county clerk, at a day designated by him. In case any two or more persons have an equal and the highest number of votes for any precinct or county office, except county commissioner, the tie shall be decided by lot in the presence of the board of county commissioners, at a day designated by said board. ['96, pp. 371*, 376*; '97, pp. 164–5. 788. Correcting error in published nominations or on official ballot. Costs. Whenever it shall appear by affidavit of a candidate or his agent that an error or omission has occurred in the publication of the names or description of the candidates nominated for office or in the printing of sample or official ballots, the district court, or a judge thereof, either in term time or in vacation, may, upon petition of such candidate or his agent, by order require the county clerk, city recorder, or town clerk, charged with the duty in respect to which an error or omission has occurred, to forthwith correct such error or show cause why such error should not be corrected. Costs including a reasonable attorney's fee, may be taxed, in the discretion of such judge or court, against either party; provided, that no fee shall be required for filing such petition. ['96, p. 195*; '97, p. 165. Provisions to be liberally construed, ? 793. 789. Id. Controversy to be decided by court. The county clerk, city recorder, or town clerk shall also, on his own motion, correct without delay any error in all ballots which he may discover, or which shall be brought to his attention, and which can be corrected without interfering with the timely distribution of the ballots as herein provided. Whenever any controversy shall arise between any official charged with any duty or function under this title and any candidate, or the officers or representatives of any political party, or persons who have made nominations, upon the filing of a petition by any such official or persons, setting forth in a concise form the nature of such controversy and the relief sought, which petition shall be under oath, it shall be the duty of such court, or the judge thereof in vacation, to issue an order commanding the respondent in such petition to be and appear before the court or judge and answer under oath to such petition; and it shall be the duty of the court or judge to summarily hear and dispose of any such issues, with a view of obtaining a substantial compliance with the provisions of this title by the parties to such controversy, and to make and enter orders and judgments and issue the writ or process of such court to enforce all such orders and judgments. ['96, pp. 195-6; '97, pp. 165–6. 790. Computations of time include Sundays. Sunday shall be included in all computations of time made under the provisions of this title. ['96, p. 210; '97, p. 166. 791. Opening and closing polls. Proclamation. At all elections, the polls shall be opened at seven o'clock a. m., and continue open until seven o'clock p. m. of the same day; provided, that if a full board of judges of election shall not attend at the hour fixed for opening the polls, and it shall be necessary for the electors present to appoint judges to conduct the election as provided by law, the election may, in that event, commence at any hour before the time for closing the polls shall arrive, as the case may require. Upon the opening of the polls, proclamation shall be made by one of the judges, and, thirty minutes before the closing of the polls, proclamation shall be made in like manner, that the polls will close in thirty minutes. ['96, p. 210; '97, p. 166. When voters appoint judges, ?2 844. 792. Notice of time and place of election. Each registry agent shall, at least five days prior to any election, except school elections, held in his district, post notices in at least five conspicuous places within the same, stating the date and place of election and the hours during which the polls will remain open. ['97, p. 166. 793. Provisions to be liberally construed. The provisions of this title shall be liberally construed, so as to carry out the intent of this title, and of political parties, nominees, and others in proceedings under this title. ['96, p. 196; '97, p. 166. Informalities in returns not fatal, 880. Correction of error in name of candidate, etc., 788. 794. Secretary of state to publish election law. It is the duty of the secretary of state to cause to be published, in pamphlet form, a sufficient number of copies of this title, and such other provisions of law as bear upon the subject of elections, and to transmit the proper number to each county clerk, whose duty it is to furnish each election officer in his county with one of such copies. [96, p. 377; '97, p. 166. CHAPTER 2. REGISTRATION. 795. Registration agents. Appointment and politics of. It shall be the duty of the board of county commissioners to appoint as registration agent for each election district, a person who, at the time of the appointment, belongs to the political party which in the district for which such registration agent is appointed, cast the highest number of votes for representative to congress at the election next preceding the appointment of such registration agent, and in cases where the election districts have been altered since such election, the appointment shall be made as follows: 1. Where two or more election districts have been created out of a single election district, each registration agent shall be a member of the political party which cast the highest number of votes for representative to congress in such single election district at the preceding election. 2. Where an election district is created by combining two or more or the parts of two or more election districts, then such registration agent shall be a member of the political party which cast the highest number of votes for representative to congress in the district which either in whole or in part forms the major part of such newly created district. The true intent and meaning of the provisions of this chapter, with reference to the appointment of registration agents, is that the registration agent in each district shall belong to the political party which, at the preceding election, cast the highest number of votes for representative to congress in the territory forming the election district at the time of the appointment, and the registration agent appointed shall be selected by the board of county commissioners from a list of not less than three names to be furnished and certified by the chairman and secretary of the political party from which the appointment is to be made. If such chairman and secretary fail to furnish such list of names for a period of ten days after being notified so to do by the county clerk, the said board shall proceed to make the appointment without such list. ['96, pp. 378-9; '97, p. 167. 796. Id. Vacancy, how filled. It is the duty of the chairman of the board of county commissioners of any county of the state, when he has received notice from any citizen of the death, disqualification, or resignation of any registry agent, after the opening and prior to the closing of the books of registration, to immediately, without giving notice, appoint some competent person as provided in section seven hundred and ninety-five to fill such vacancy, and it is the duty of the person so appointed to qualify within two days after receiving notice of such appointment. ['96, p. 379; '97, pp. 167–8. If 797. Id. Failure to qualify. Voters may register elsewhere. the person so appointed fails to qualify within the time herein provided, voters may, upon producing evidence as to their right to vote, be registered in any other district in said county, and any person so registered in any other district must, upon presentation and surrender of a certificate of registration to the judges of election, signed by the registry agent of said district, be considered a legal voter in the district in which he is a resident. ['96, p. 379; '97, p. 168. 798. Registering in another district. Oath. Certificate. If any person applies to be registered in any district other than the one in which he resides, and is entitled upon proof, to a certificate of registration, as provided in the next preceding section, such applicant, in addition to the proof required by this chapter to entitle him to registration, must take and subscribe to an oath before the registry agent, in substantially the following form: I do solemnly swear that I make this application for registration in district No. of county, state of Utah, because there is no registry agent within district No. which is the district where I reside and am entitled to vote. (Signature.) Subscribed and sworn to before me this day of 18-. Registry agent. Whereupon such person is entitled to receive from the registry agent of such district a certificate, which must be substantially in the following form: REGISTRATION CERTIFICATE. I hereby certify that been such for ninety days prior to the election on the 18-; that he will have attained the age of twenty-one years and upwards, and will have been a resident of the state of Utah one year and of the county of four months, and of the precinct of is a citizen of the United States, and will have day of sixty days, at the time of the election on the that in the county of for 18-, and he is in all respects a qualified, registered elector under the laws of Utah; and I further certify that the reason he applies for, and I give, this registration where he resides, there is no certificate, is because within district No. registry agent, and I further certify that he is under the law entitled to vote in district No. of Witness my hand in County, Utah. district No. county, Utah. Registry agent, district No. ['96, pp. 379*, 380*; '97, pp. 167–8. 799. Stationery for registration agents. Official register. The boards of county commissioners of the several counties must provide for the registry agents in their respective counties, when and where required, all proper and necessary books and stationery to carry out the provisions of this chapter. They must furnish to each registry agent a bound book, prepared for the alphabetical entry of names, which shall be known as the "official register," and it must be ruled in columns of suitable dimensions to provide for the following entries opposite the name of each elector, to wit: date of registration; name of elector; column for writing voted;" age of elector; where born; location of residence, including street number, and number of room, where party resides in a building the rooms of which are numbered; certificate of naturalization exhibited, or a certified copy thereof; the postoffice address. ['96, pp. 380-1*; '97, p. 169. 800. Registration only at office. Registration days. It shall be the duty of the registry agents, when called upon to do so at their respective offices, and not elsewhere, at any time between the hours of eight o'clock a. m. and nine o'clock p. m. of the fourth Tuesday and of the fourth Wednesday and |