Certificate of

re

turned to county

SEC. 80. A certificate of the number of votes for each R. L., Sec. 105. candidate taken at such meeting, signed, recorded, sealed votes to be up and superscribed as heretofore provided, shall be de- clerk. livered, by the presiding officer, to the clerks of the respective counties in such district, within one week after such meeting.

Clerks or Sheriffs

SEC. 81. Such county clerks, and, in case of the absence R. L., Sec. 106. or disability of a clerk, the Sheriff of the county, shall meet to meet. on the third Tuesday next succeeding the time of holding such meeting, at the following places in their respective districts: in district number one, at the court house in Middlebury; in district number two, at the White River Junction House in Hartford; and in district number three,* at the court house in Hyde Park, to canvass said votes. SEC. 82. They shall be severally sworn and shall pub- Canvass of votes. licly canvass the votes; and in case of an equal division as to the admission of votes shall call to their aid a judge of the court of the county in which they meet, who shall thereupon have an equal voice with them on that question; and they shall declare the person having the greatest number of votes elected, and give notice thereof to the Gov

ernor.

SEC. 83. They shall make a list of the certificates from cach town, and the number of votes for each person, designating such as they judge illegal, and lodge certified copies with the county clerks of the district, to be open for inspection, and shall preserve the original certificates until after the first session of Congress for which the election is made.

R. L., Sec. 107.

Vacancy.

SEC. 84. If a vacancy occurs in a congressional district, B. L., Sec. 109. the Governor shall issue a proclamation, directing an election to be made in such district to fill the vacancy on a day designated in such proclamation; and such election shall be held, and the result ascertained and declared as provided in cases where no election is made on the first Tuesday in September.

*There are now but two districts. See R. L., Secs. 56-58.

CHAPTER VI.

ELECTION OF ELECTORS OF PRESIDENT AND

SECTION.

VICE-PRESIDENT.

SECTION.

85. Warning and holding meeting. 89. List of certificates; copy of 86. Two certificates of votes;

form of.

to be lodged with Secretary of State; certificates preserved.

Meeting of Electors; vacancies

91.

Electors' compensation.

R. L., Sec. 110. SEC. 85. In the year when the election of President Warning and holding meeting. and Vice-President of the United States occurs, a notice shall be set up in each town as before provided, warning the freemen to meet and vote for such number of Electors as the State is entitled to; and said meeting shall be held, and the votes for such Electors taken and counted, as provided in the case of State officers; and a list of the names of persons voting shall be kept by the clerk.

No. 70.

R. L., Secs. 111 SEC. 86. When an election of Electors of President and 112, as amended by 1884, and Vice-President is had, two certificates of the number Two certificates of votes given for each candidate shall be made and signed of votes; form of. by the presiding officer of the meeting at which the votes are cast. The certificate shall be in the following form:

One certificate to be sent to Secretary of State.

STATE OF VERMONT.

At a freemen's meeting, legally warned and holden at on the Tuesday next after the first Monday in November, A. D. the votes for Electors of President and Vice President of the United States having been duly taken and examined, the following named persons had the number of votes set to their names respectively: [Here state the names of the persons voted for, and the number of votes for each.]

this

Given under my hand at day of A. D., A. B., Presiding Officer. SEC. 87. The presiding officer shall seal up one of such certificates and write thereon the name of the town and the words: 66 Certificate of votes for Electors," and shall, within two days after such election, transmit such certificate by mail to the Secretary of State at Montpelier, The other to be for the use of the canvassers. The other certificate shall, clerk, filed, and within two days after such election, be delivered by the presiding officer to the town clerk, who shall file and record the same in his office, and, within four days after such

delivered to town

copy sent to Secretary of State.

election, transmit a certified copy thereof to the Secretary of State at Montpelier. A certified copy of the certificate filed in the town clerk's office, or of the record thereof, may be used by the canvassers in case the other certificate is lost or defaced.

Board of canvass

vacancies in.

SEC. 88. The Lieutenant-Governor, Secretary of State R. L., Sec. 113. and Speaker of the House of Representatives shall consti- ers: duties of; tute a board to canvass the votes for Electors of President and Vice-President. Said board shall meet at the State House in Montpelier on the third Tuesday in November of the year in which the votes are cast, and being duly sworn shall there publicly canvass said votes and declare the persons equal to the number of Electors to be chosen, having the greatest number of votes, elected Electors of President and Vice-President of the United States, and give notice thereof to the Governor and to each person elected within five days from such meeting. If any member of the board fails to appear at the meeting on the third Tuesday in November the Governor shall appoint some one to act as member of the board in his place.

List of certifi

cates; certificates preserved.

SEC. 89. The canvassers shall make a list of the certifi- R. L., Sec. 114. cates from the several towns with the number of votes for cach person, designating such as are illegal, and shall lodge. a certified copy of such list in the office of the Secretary of State, open for inspection, and preserve the original certificates until after the election of President and Vice-President is declared.

ors; vacancies.

SEC. 90. The persons declared elected shall meet at the R. L., Sec. 115. State House in Montpelier, on the day before the first Meeting of ElectWednesday in December, to vote for President and VicePresident of the United States, agreeably to the laws of the United States; and if there is a vacancy in such electoral college on said day, occasioned by death, refusal to act, neglect to attend, or in other manner, or for other cause, the other Electors present shall immediately fill, by viva voce and plurality of votes, such vacancy; and when all the Electors shall appear, or the vacancy therein is thus filled, such Electors shall perform the duties required of them by the Constitution and laws of the United States. If a vacancy occurs and is filled as aforesaid, the Electors shall attach to the certificate of their votes a statement showing how such vacancy occurred, and their action thereon.

Electors' com

SEC. 91. The Electors for President and Vice-President R. L., Sec. 116. shall each receive for attendance upon the meeting provided pensation. for in the preceding section, the sum of ten dollars and actual expenses.

3

R. L., Sec. 95.

Of Representa

to give notice.

94. Testimony for returned mem

SEC. 92. No person shall contest the election of a retive; contestant turned Representative to the General Assembly unless it appears that such Representative was notified in writing of the intention to make such contest within six days from the day of such election.

R. L., Sec. 96.

Testimony; how

SEC. 93. No testimony shall be used at the hearing of and when taken. a contested election, unless taken in writing, within the town where the person resides whose election is contested before a Justice, not an inhabitant of such town, who, by law, may judge between the parties, at least six days before the commencement of the session of the General Assembly; nor unless it appears by the certificate of such Justice, that such person had received at least six days' notice of the time and place of taking such testimony; and such testimony shall be taken within fourteen days after such election.

R. L., Sec. 97.
Testimony for re-

rebuttal.

SEC. 94. The person whose election is contested may turned member; take testimony in his behalf, at the time and place set for taking testimony against him, without notice, or at any time and place within said town, before a Justice, as aforesaid, by giving to the person contesting his election six days' notice, in writing; and he shall close the taking of his testimony within eight days after the taking of the testimony of the contestant; and the contestant shall close his rebutting testimony within six days thereafter.

R. L., Sec. 98, as amended by 1884,

Deposition s in

SEC. 95. No deposition shall be used before the comNo. 69, § 8. mittee to canvass the votes for Governor, Lieutenant-Govcontested elec- ernor, Treasurer of the State, Secretary of State and tions of State offi- Auditor of Accounts, as to the legality of said votes, unless it appears by the certificate of the Justice taking such

cers.

deposition, that the presiding officer and the selectmen of the town in which such votes were given, were duly notified of the time and place of taking such deposition, and that the same was taken within such town at least ten days before the session of the General Assembly.

Testimony, form

SEC. 96. Testimony in contested elections, and as to R. L., Sec. 99. the validity of votes, shall be taken, as nearly as may be, in of taking. the form prescribed for depositions to be used in civil causes.

Witnesses, duty

SEC. 97. Witnesses duly summoned and tendered their R. L., Sec. 100. fees shall make their depositions in cases of contested elec- of. tions, at the time and place mentioned in the summons.