votes for members of the senate and house of representatives, which he shall seal and direct to the county auditor of the senior county in each senatorial or representative district respectively, and if there be two (2) or more counties in such district of the same age, then the return shall be directed to the auditor of the county polling the greatest number of votes at the last preceding general election; and said auditor shall forward such statement to the proper auditor within fifteen (15) days after the election.

SEC. 79. When two (2) or more counties are comprised in one (1) senatorial district, the auditor of the senior county, or of the county to which the returns are to be made, shall, on the twentieth (20th) day after election, with such other county auditor of the district as choose to attend at his office, call to his assistance two (2) justices and a chairman of the board of county commissioners of his county, and then and there open the returns of the votes given in the several counties, or portion of counties, comprising such senatorial districts; said auditor of the county to which the returns are made shall immediately make out certificates of election for the persons having the highest number of votes in such senatorial district for the members of the legislature, which certificates shall be delivered to the persons entitled thereto.

SEC. 80. If on proceeding to canvass the votes it shall appear to said board of canvassers, or a majority thereof, that in any statement produced certain matters are omitted in such statement that should have been inserted, or that any mistakes that are clerical merely exist, they shall cause the said statement to be sent by one of their number, or by messenger whom they shall depute for that purpose, to the county or district canvassers of the county, town or district from which such statements were received, to have the same corrected; and the person so deputed shall immediately proceed and give notice to the said county, town or district canvassers, whose duty it shall be forthwith to assemble together and make such corrections as the facts of the case may require; but such county, town or district canvassers shall not, at such meeting, change or alter any decision before made by them, but shall only cause their canvass to be correctly stated; and such board of canvassers are authorized to adjourn from day to day for the purpose of revising such statements, such adjournment not to exceed beyond ten (10) days.

SEC. 81. State Canvassing Board.-The secretary of state shall call to his assistance two (2) or more judges of the supreme court, and two (2) disinterested judges of the district court of the state, who shall constitute the state canvassing board; the secretary of state shall appoint a meeting of the state canvassing board to be held in his office the third (3d) Tuesday of December after each general election, and within thirty (30) days after a special election. If a ma

jority of said board shall be unable or shall fail to attend on the day appointed, he shall select from the disinterested judges of the supreme court, and notify to attend, as many as may be necessary to constitute a required number. Upon being notified, said judges shall attend without delay, and with the officers attending shall form the board.

votes for state officers.

votes for members of congress

electors.

SEC. 82. The board, when formed, shall, upon the cer- Statement of tified copies of the statements made by the county canvassing boards, proceed to make a statement of the whole number of votes given at such election for the various state officers, which statement shall contain the names of the persons to whom such votes have been given for any state office, and the whole number of votes given to each, distinguishing the several counties in which they are given. Said board shall certify such statement to be correct, and shall subscribe to the same with their proper names. ⚫ SEC. 83. At the same time said canvassing board shall Statement of open the returns made to the secretary of state for members of congress, and for electors of president and vice and presidential president of the United States, and shall forthwith proceed to make a statement of the number of votes given for the different persons voted for the said offices, and the person or persons having the highest number of votes for each office shall be considered duly elected; but if it appears that more than the number of persons to be elected as electors of president and vice president have the highest and an equal number of votes, the secretary of state, in the presence of the officers present, shall decide by lot which of the persons shall be elected as such electors, and to each person duly elected the governor shall give a certificate of election signed by him, sealed by the great seal and countersigned by the secretary of state, and shall transmit the said certificate to each person so elected, and shall cause the election of electors to be published in the newspapers printed at the seat of government, immediately after the said canvass is completed. If there shall be a tie in the number of votes received by candidates for representatives in congress who receive the highest number of votes, a special election shall be called, as hereinafter provided, for the election of a representative or representatives in congress, in the district or districts in which said tie vote occurred.

SEC. 84. The electors chosen as aforesaid shall, at twelve (12) o'clock on the day directed by the congress of the United States, meet at the seat of government of this state and then and there perform the duties enjoined on them by the constitution and laws of the United States.

SEC. 85. Every elector of president and vice president of the United States shall, before the hour of twelve (12) on the day next preceding the day fixed by law for congress to elect a president and vice president, give notice to the governor that he is at the seat of government and is

Duties of presidential, electors.

Vacancies in presidential electors.

Special elections -how called.

ready at the proper time to fulfill the duties of an elector; and the governor shall forthwith deliver to the electors present a certificate of all the names of the electors, and if any electors named therein fail to appear before nine (9) o'clock on the morning of the day of the election of president and vice president of the United States, the electors then present shall immediately proceed to elect by ballot, in the presence of the governor, persons to fill such vacancies.

SEC. 86. If more than the number of persons required to fill such vacancies as aforesaid have the highest and an equal number of votes, the governor, in the presence of the electors attending, shall decide by lot which of said persons shall be elected; otherwise they, to the number required, having the greatest number of votes, shall be considered elected to fill such vacancies.

SEC. 87. Immediately after such choice is made, the names of the persons so chosen shall be certified to the governor by the electors making such choice, and the governor shall immediately cause notice to be given in writing to the electors so chosen, and to fill such vacancy, and the persons so chosen shall be electors and shall meet the other electors at the same time and place, and then and there discharge all and singular the duties enjoined on them as electors aforesaid by the constitution and laws of the United States and of this state.

SPECIAL ELECTIONS.

SEC. 88. Whenever there is no election of any state or county officers, or of the required number of members of the house of representatives or senate, or of representatives in congress, by reason of any two (2) or more persons having an equal and the highest number of votes for any such office, or whenever any vacancy occurs in any of the said offices, which said vacancy is not otherwise provided for, the governor, within ten (10) days after he is informed of such vacancy or failure to elect, shall issue a proclamation directing that a special election be held in the proper election district or districts, at a time to be specified in the proclamation, not more than twenty (20) days from the date thereof, to fill such office, and said election shall be called in the manner herein before provided for calling elections, and the same shall be held and conducted and the returns thereof made and canvassed in the same manner as general elections are held, conducted, and the returns thereof made and canvassed; Provided, That if the vacancy occur in the office of representative in congress, or state senator, or member of the house of representatives, and there be no session of the legislature or congress between the happening of such vacancy and the next general election occurring twenty-eight (28) or more days thereafter, such vacancy shall be filled at the general election.

retary of state.

SEC. 89. In elections to fill any vacancy specified in the Returns to secpreceding section, the auditor shall, within fifteen (15) days after such election, transmit statements of the votes given to the office of secretary of state, and take his receipt therefor, under the penalty of five hundred (500) dollars fine, to be recovered from him in a civil action in the name of the county, and the county treasurer, for the time being, shall sue for and recover the penalty for the use of the county. SEC. 90. If a vacancy occur in the senate or house of Vacancy in legrepresentatives for any cause, and if the county composing islature. the district in which that vacancy occurs has been divided after the election of a member whose seat is vacant, such election shall be ordered in every county, or part of any county, of which such district was originally composed; but no person shall be permitted to vote at such election who does not at that time reside within the limits of the original county or district in which the vacancy occurred. SEC. 91. Contesting Election.- Any candidate or elector of the proper county, senatorial, judicial or election district, wishing to contest the validity of the election, or the right of any elector declared duly elected to the senate or house of representatives in this state, or to contest his right to a seat therein, shall give notice thereof in writing to the person whose election or right to a seat he intends to contest, or leave a written notice thereof where such person last resided, within twenty (20) days after the votes have been canvassed by the county canvassing board, specifying the points on which the election will be contested, and naming two (2) justices of the peace of the county in which he resides, who will officiate at the taking of the deposition, and when and where they will attend to take the same. All notices shall be served at least ten (10) days before the day designated therein for the taking of such depositions, but the time fixed for the taking of the same shall not exceed forty five (45) days from the day of the election.

SEC. 92. That said justices, or either of them, shall issue subpoenas to all persons whose testimony is required by either of the parties; and said two (2) justices shall take, under oath, all testimony relating to such contested election, and certify the same under seal to the presiding officer in that branch of the legislature where the person whose seat is contested is returned to serve at the next session.

Contesting elec

tion for senators or representa

tives.

Testimony by

SEC. 93. If a person whose election is contested desires to offer testimony upon points not specified in the notice of contestee. the contestant, he shall, within ten (10) days after the contestant's notice is served upon him as aforesaid, serve upon said contestant, in the manner provided in section ninetyone (91) of this act, a notice specifying such additional points and specifying a place and day (which shall not be more than ten (10) days later than the time fixed by the contestant in his notice for taking depositions), at which

Transmission

legislature.

time testimony therein will be taken before two (2) justices of the same county, which notice shall be served at least ten (10) days previous to the time of taking such testimony. No testimony shall be taken by the justices which does not of testimony by relate to some point specified in said notice, copies of which shall be delivered to the justices taking testimony and by them transmitted to the presiding officer of that branch of the legislature where the contest is decided, with the other documents provided for by section ninetytwo (92).

Proceedings on contested seats.

Contesting city or county elections.

SEC. 94. In conducting any contested election in the house of representatives, the following rules shall be observed:

First On the day and at the hour appointed for that purpose, the house, with proper officers, shall assemble at the usual place of meeting. The speaker of the house of representatives shall preside, but when he is a contestee a speaker pro tem shall be elected.

Second-The parties to the contest shall then be called by the clerk, and, if they answer, their appearance shall be recorded.

Third-The contestant shall then first introduce his testimony, and, after the testimony is closed on both sides, the contestant, by himself or by his counsel, may open the contest, and the officer elect may then proceed, by himself or counsel, to make his defense, and the contestant be heard in reply. After the argument of both parties is concluded, any member of the house may offer the reasons for the vote he intends to give.

Fourth-The clerk shall keep a regular journal of the proceedings.

Fifth-In deciding the contest the members shall vote viva voce, and the majority of the votes given shall decide; but no party to the contest shall vote, either upon the final decision or upon any preliminary question that has reference thereto.

Sixth--If the contest is in the senate it shall proceed as nearly as may be according to the rules above prescribed. SEC. 95. Any candidate or elector of the proper city or county may contest the election of any person declared elected to any city or county office. He shall give notice thereof in the manner provided in section ninety-two (92) for service of such notice. If the person whose election is contested desires to offer testimony upon points not specified in the notice of the contestant, he shall, in the manner provided in section ninety-one (91), serve notice on the contestant, specifying such additional point; upon such notices, which are not to be taken as true until proved, and which may be amended if the court under all the circumstances deem it just, all testimony shall be taken as in civil actions, and all matters relating to said contest shall be heard and tried by the district court of the proper county