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sult declared. Now the canvass shall commence by taking Counting the out of each box the ballots unopened (except so far as to ascertain whether every ballot is single), and counting the same to ascertain whether the number of ballots correspond to the number appearing on the poll list to have been cast in such box; if two (2) or more ballots be found to be so folded together as to present the appearance of a single ballot they shall be laid aside until the counting of ballots is completed; then if, on comparison of the said ballots with the number of ballots appearing to have been cast in such box, it appears that the two (2) ballots so found folded together were cast by one (1) elector, they shall be preserved, and laid to one side. If the ballots in any box are found to exceed in number the number of votes cast in such box, they shall be first examined to ascertain if they are all properly marked with the initials of the judges having charge of the ballots, and in case any are found not so marked, they shall be preserved and laid to one side. If there is still an excess of ballots above the registry of voters, they shall be replaced in the box, and one of the judges, without looking, shall draw from the box a number of ballots equal to such excess, and the same shall be laid aside.
Signing the poll The number of ballots agreeing or being thus made to agree list after count
ing with the number of votes appearing in the columns of the poll list corresponding to the respective boxes, the list shall be signed by the judges and attested by the clerks, and the number of names thereon checked as aforesaid shall be stated in words and figures at the foot of said list and over the signatures of the judges and the attestation of the clerk in the manner hereinafter provided in the form of said lists. The ballots so lain aside as aforesaid shall be attached to a certificate made by the judges, stating the reason why the ballots were so lain aside, and the certificate and the ballots attached shall be sealed up in a separate envelope and, except the red ballots, returned to the county auditor with the other returns, and the red ballots returned to the city clerk or recorder.
SEC. 68. The lists of electors provided for herein shall form for poll be substantially in the following form, to-wit:
“List of qualified electors in the election district composed of the...
[township, ward or town, as the case may be] of..............., in the county of...... state of Minnesota, for an election to be held in said election district, on the......day of............, eighteen hundred and......
[The surnames to be inserted in alphabetical order.]
“The whole number of the above named persons who were present and voting at the above named election was [the number to be written in words and figures.] Signed by the judges of election, attested by the clerks of election."
SEC. 69. After the said lists are thus signed, the judges Canvassing the shall proceed to count and ascertain the number of votes votes and seal
cast for each person voted for by counting each ballot separately, the ballots to be numbered consecutively as counted and duplicate numbers entered on counting lists, kept by the clerk, and the result shall then be distinctly read, and as soon as read and canvassed the tickets shall be strung by one of the judges upon a stout string and replaced in the proper ballot box, and then in the presence of all the judges each box shall be locked and sealed by pasting firm paper across the lid and body of each box in such a manner that the box cannot be opened without breaking the seal; and each judge shall write his name upon said paper in such place that the box cannot be opened without tear
ing the name. Care of ballot
Each box, as soon as practicable, after boxes after elec- the same is so sealed, shall be deposited in the office of the tion.
town, city or village clerk, and carefully preserved therein with unbroken seals until the next general election, unless sooner opened by the proper authority for a recount or for examination, and the clerk of election shall set down on a paper, to be known as the returns of election, the name of each person voted for, written out at length, the office for which such person received any votes, and the number of votes he received, the number being written out in words and also in figures. The said returns shall be as nearly as
possible in the following form, to-wit: Form of return
'Atan selection] held at..............in the....... [number, to be made by if any] election district, composed of...... ..[township, judges.
ward or town, as the case may be], in the county of.......... in the state of Minnesota, on the............day of ......... eighteen hundred
..., the following named persons received the number of votes opposite their respective names for the following described offices, to-wit: For [specifying the office], A. received [the number to be written in figures and also at length] votes (and likewise for every person voted for any office], to be signed by the judges of election and attested by the clerks of election.” Votes rejected
by the judges and not counted for any reason shall be disPrinted tally posed of as hereinbefore provided. Tally sheets with names sheets for clerks.
of candidates printed to be provided for the clerks.
Sec. 70. No ballot appearing to be proper and regularly Ballots in wrong box to be count voted, found in a box other than the one in which it
properly should be, shall be rejected, but shall be counted in the same manner as if found in the proper box; Provided, that the counting of such ballot or ballots shall not
produce an excess of votes above the number of votes desOrder of open- ignated on the poll lists. The boxes used at such election ing boxes for canvassing.
shall be opened and the votes therein canvassed in the same manner above provided, but as nearly as may be in the following order: First — The box containing the white ballots. Second - The box containing the ballots tinted blue. Third
Third - The box containing the ballots tinted red. The ballots in the box provided for women shall also be canvassed for such offices as they are entitled to vote for.
SEC. 71. After the canvass is thus completed the judges Enclosing re of election, before they are dispersed, shall enclose the said ery to proper returns in an envelope, seal the same and endorse thereon officers. the following words: “Election returns of the election district of (naming the name of the town or ward or city), in the county of
" and direct the same to the county auditor of that county, and, in the case of a city election, to the city clerk or recorder; and the said returns shall forthwith be carried by one of said judges, to be chosen by lot if not otherwise agreed upon, and delivered to the said county auditor at his office; and in the case of city elections, to the city clerk or recorder at his office.
Provided, That the said returns of election in unorgan- Returns iu unized counties shall be made to the auditor of the county to ties. which they are attached for election purposes; and the votes shall be canvassed and certificates of election issued to the persons elected in the same manner provided in this chapter for canvassing the votes and issuing certificates of election in organized counties.
Provided further, That in all cities of over twelve thous. Election board and (12,000) inhabitants the ballots in the ballot boxes, and to resto bity all documents heretofore provided for, shall be forthwith clerk. carried by all of the judges and clerks to the office of the city clerk or recorder, and by them delivered to such officer. Said judges and clerks shall not stop at any place, or leave their ballots and returns at any place or with any person, before such delivery to such officer. Said city city clerk to be clerk or recorder, as the case may be, shall remain in his present office to receive such returns or ballot boxes and ballots until all of the same from all of the election districts within his said city have been so returned to him. Said city clerk or recorder shall keep a book in which he shall enter in the presence of said judges and clerks the names of said judges and the hour at which they returned and delivered to him said returns and ballot boxes and ballots; which book shall be preserved by said officer as a public document for the same length of time as he is required to preserve the ballots cast at such election.
Provided further, That the judges of all election districts, Time of filing situate within fifty (50) miles of the county seat, shall file returns. their election returns within twenty-four (24) hours after the time of closing the polls; and in all other cases the returns shall be filed within seventy-two (72) hours after the closing of the polls; and all judges failing to file returns as herein provided shall be deemed guilty of a misdemeanor.
And further provided, That if any committees of the politi- Additional seals cal parties represented on the ticket voted at such election, on ballot boxes. shall, on or before the day of election, apply to the legal custodian of the ballot box or ballot boxes for permission to affix additional seals and securities to the ballot boxes within the control of such custodian, said custodian shall give such permission, and immediately notify the party so
receive the same.
not to refuse re-
applying of the time when the same shall be done, which time shall not be later than two (2) days after election, and that said custodian shall forthwith, after receipt of such application, notify all parties represented upon such election ticket of the fact of such application, and the time when such seals will be affixed, and that at such time so designated, at the office of said custodian, in the presence of such custodian and of the representatives of the political parties upon said ticket, the party so applying shall have the right to affix additional seals and securities, and in any manner secure and mark the same, and that any of the other parties then present shall have the same right and privileges as the party so applying; and Further provided, That none of said parties shall in any manner injure and impair any
of the seals on said box hereinbefore provided. Returns to be SEO. 72. A true copy of the returns made by the judges filed with town, shall also be made and certified by them, and forth with filed clerk.
by them in the office of the town, city or village clerk
within the time specified in the preceding section. County auditor SEC. 73. No election returns shall be refused by any au
ditor for the reason that the same are returned or delivered to him in any other than the manner directed herein, except that they must be sealed; nor shall the canvassing board of any county refuse to include any returns in their estimated votes on account of any informality in holding any election or making returns thereof, but all returns shall be received and the votes canvassed by such canvassing board, and included in its statements, provided there is a substantial compliance with the provision of this chapter.
SEC. 74. County Canvassing Board. The county auditor, the chairman of the board of county commissioners, and two (2) justices of the peace of the same county, of opposite political parties, if possible, to be selected by the auditor, shall constitute the county canvassing board, and on or before the tenth (10th) day after the election, said board shall proceed, after taking the usual oath of office, to openly and publicly canvass the returns made to the auditor's office.
They shall make a separate statement containing the whole judges. number of votes given in such county for the office of gov
ernor and lieutenant governor, chief or associate justices of the supreme court, secretary of state, auditor of state, treasurer of state, clerk of the supreme court, judges of the district court, and all other officers of the state, the names
of the persons for whom such votes were given, and the County officers. number of votes given for each. They shall make another
statement for all county officers voted for and the names of the persons for whom such votes were given; another statement of the votes for presidential electors, and the names of the persons for whom such votes were given; another statement of the votes given for representative in congress
in each district, or any or either of them, and the names of Representatives
the persons for whom such votes were given; another state
Return for state
ment of the votes upon any proposed change of county line Change of
county lines. or county seat, and another of the votes given for and against proposed amendments to the constitution. Such Amendments to statements shall be signed and certified by the county can
constitution. vassing board, and deposited in the said auditor's office, Returns to secand two (2) copies thereof shall be certified under the of retary of state. ficial seal of the auditor, one (1) of which shall be enclosed and directed to the secretary of state and be forwarded to the seat of government by mail, and the other list shall be enclosed and forwarded to the secretary of state in a like manner as the first copy, but by different mail, and within five (5) days after such first copy shall have been so transmitted. In the event that neither of said copies so transmitted shall be received by the secretary of state within twenty (20) days after the election, the county auditor shall transmit, by messenger to be deputed by him, upon notification from the secretary of state, another copy of such statement. If within twenty (20) days after such election no such copy shall have been received by the secretary of state from each county in the state, it shall be his duty to immediately notify the auditor of each county from which such returns have not been received, of such fact. The county auditor shall endorse on the envelope inclosing each of such statements or copies, the name of the auditor and his official residence, and the words “Election returns."
SEO. 75. Any three (3) of said county canvassing board Quorum of canshall constitute a quorum, and are authorized to make the vassing board. canvass provided for in the last section.
SEC. 76. At the close of the canvass, as provided in sec- Public declaration seventy-four (74), the board of canvassers shall declare the person having the highest number of votes for any county office duly elected, subject to an appeal to the district court of the proper county; and, in case said county contains a senatorial or representative district, then the persons having the highest number for senator or representative shall be declared by said board duly elected. In case of an appeal, notice thereof shall be entered with the clerk of said court within twenty (20) days after the day of election.
SEC. 77. The county auditor shall make out for every Certificates of county officer elected, and also for each of the senators and
county auditor representatives elected to the legislature, if such county constitutes a senatorial or representative district, a certificate of such election, and shall deliver the same to the person entitled thereto, upon demand, without fee; and he shall also make out for any candidate or elector of his county a statement of votes, as provided in sections seventyfour (74), seventy-five (75) and seventy-six (76), upon being paid therefor one (1) dollar.
SEC. 78. The county auditor of each county which does Senatorial disnot constitute a senatorial or representative district shall make ont from the returns of his office a statement of the county.
tion of canvass.
tricts in more than one