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Certificate of

returned to county

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SEO. 80. A certificate of the number of votes for each R. L., Sec. 105. candidate taken at such meeting, signed, recorded, sealed yotes to be

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.

Sec. 81. Such county clerks, and, in case of the absence Roma, 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 pab- 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.

Lists to be made

Sec. 83. They shall make a list of the certificates from 7. L., Sec. 108. each town, and the number of votes for each person, desig- and copies nating such as they judge illegal, and lodge certified copies cates preserved.

lodged ; certifiwith 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.

SEC. 84. If a vacancy occurs in a congressional district, P. I., 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

VICE-PRESIDENT.

SECTION.

SECTION 85. Warning and holding meeting. 89. List of certificates; copy of 86. Two certificates of votes; to be lodged with Secretary form of.

of State; certificates pre87. One certificate to be sent to served. Secretary of State.

90. Meeting of Electors; vacan88. Board of canvassers; duties cies of; vacancies in.

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. R. L., Secs. 111 SEC. 86. When an election of Electors of President 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:

a s

STATE OF VERMONT.

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day of

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.] Given under my hand at this -, A. D.,

A. B., Presiding Officer. One certificate to

SEC. 87. The presiding officer shall seal up one of such certificates and write thereon the name of the town and the words: 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

be sent to Secretary of State.

copy sent to Secretary of State,

vacancies in.

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 c:ise the other certificate is lost or defaced.

Sec. 88. The Lieutenant-Governor, Secretary of State R. L Sec. 118. 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.

SEC. 89. The canvassers shall make a list of the certifi- R. L., Sec. 114. cates from the several towus with the number of votes for cates; certificates cach person, designating such as are illegal, and shall lodge

preserved. al certified copy of such list in the office of the Secretary of State, open for inspection, and preserve the original certiticates until after the election of President and Vice-President is declared. Sec. 90. The persons declared elected shall meet at the R. L., Sec. 115.

Meeting of ElectState House in Montpelier, on the day before the first Wednesday 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 canse, 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. Ifa vacancy occurs and is filled as aforesaid, the Electors shall attach to the certificate of their votes at statement showing how such vacancy occurred, and their action thereon.

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

ors; vacancies.

Com

CHAPTER VII.

CONTESTING ELECTIONS..

SECTION

SECTION.
92. Person contesting election of 95. Depositions in contested elec-

Town Representative, to tions of State officers.
give notice.

96. Testimony to be taken as in 93. Testimony, how and when

civil causes. taken.

97. Witnesses must obey sum94. Testimony for returned mem

mons. ber and in rebuttal.

R. L., Sec. 95.

Sec. 92. No person shall contest the election of a retive contestant turned Representative to the General Assembly unless it to give notice.

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. Sec. 93. No testimony shall be used at the hearing of Testimony; how 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.

Sec. 94. The person whose election is contested may Testimony for returned 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. amended by 1884,

Sec. 95. No deposition shall be used before the com

mittee to canvass the votes for Governor, Lieutenant-GovDepositions contested elec- ernor, Treasurer of the State, Secretary of State and

Auditor of Accounts, as to the legality of said votes, unless it appears by the certificate of the Justice taking such

R. L., Sec. 97.

rebuttal,

R. L., Sec. 98, as

No. 69, $ 8.

in

tions of State ofti. cers,

deposition, that the presiding officer and the selectmen of the town in which such vytes 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.

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.

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.

Witnesses, duty

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