of election of governor.

first day of August and the first day of September, imma ately preceding the expiration of the term of office of the clerk or surrogate of such county, to direct and cause to be delivered to the clerk of each township in said county, notice that a clerk or surrogate of said county, or both, as the case may be, is to be chosen at the ensuing annual election: in every such year in which an election for clerk or surrogate of a county is required to be made, the clerk of each townshi in said county shall include in the advertisement, required to given by the twenty-fourth section of this act, a notice that a clerk or surrogate of said county, or both, as the case may be is to be chosen at the ensuing election.

6. And be it enacted, That when a governor is to be Time and mode elected by the people, such election shall be held at the time when and the places where the people shall respectively vote for members of the General Assembly; and each voter sta put the name of the person voted for as governor, designati him as such, on the same ticket with the names of the persons voted for as members of the legislature and county officers.

Secretary of

tice of election

of governor.

7. And be it enacted, That the secretary of state shal between the first day of August and the first day of September. state to give no immediately preceding the expiration of the term of office of the governor, direct and cause to be delivered to the clerk of every county a notice stating such fact, and that a governor is to be elected at the ensuing annual election; and the clerk c such county shall, within fifteen days after the receipt of sal notice, cause a copy of the same, certified under his hand to be true and correct, to be delivered to the clerk of each township in said county; in every year in which an election for governor is required to be made, the clerk of each township shall include in the advertisement, required to be made by the twenty-fourth section of this act, a notice that a governor is to be chosen at the ensuing election.

of representatives in Congress.

8. And be it enacted, That, on the Tuesday next after the Time of election first Monday in the month of November, in the year of our Lord one thousand eight hundred and forty-six, and in each second year thereafter, an election shall be held to elect, for this state, five persons to be members of the House of Repre sentatives of the United States, and this state shall for that purpose be divided into five districts: the counties of Cape May, Cumberland, Salem, Gloucester, Atlantic, and Camden shall compose one district, to be called "the first district" the counties of Burlington, Monmouth, and Mercer shall com pose one district, to be called "the second district;"the cour ties of Hunterdon, Warren, and Sussex shall compose one dis trict, to be called "the third district;" the counties of Middle

Districts.

x, Somerset, and Morris shall compose one district, to be lled "the fourth district" and the counties of Essex, Hudn, Bergen, and Passaic shall compose one district, to be alled "the fifth district," each of which districts shall elect he person to represent this state in the House of Representaves of the United States.

and vice presi

dent.

9. And be it enacted, That on the Tuesday next after the Time of elecirst Monday in November, in the year of our Lord one thou- tion of president and eight hundred and forty-eight, and in each fourth year hereafter, an election shall be held in this state, to elect, for his state, such a number of persons to be electors of president and vice president of the United States as this state shall be entitled to elect or appoint, each of whom shall be a free white male citizen of the United States, of the age of twentyfive years or upwards, and an inhabitant of this state, and have been a citizen of the United States seven years next preceding such election.

and electors to

tion for mem

10. And be it enacted, That the stated election of members Election for reof the House of Representatives, and also the election of elect- presentatives ors of president and vice president of the United States, in be held at same every year in which the same are respectively required to be time with elec made, shall be held at the same time with the election of mem- bers of Assembers of the General Assembly; and the voters shall put the bly, in certain name of the person voted for as a member of the House of Representatives, designating him as such, and also the names of the persons voted for as electors of president and vice president, designating them as such, on the same ticket with the names of the persons voted for as members of the state legislature and county officers.

cases.

supplied.

11. And be it enacted, That whenever any vacancy shall Vacancies in happen in the representation of any county in the Senate or legislature, how General Assembly, the house in which such vacancy happens shall direct a writ of election for supplying the same, unless such house shall be of opinion that the services of a person in the office then vacant will not be required during the unexpired period of the legislative year; but if such vacancy happens during the recess of the legislature, or after the annual election, and not less than fifteen days before the commencement of the legislative year, (or a shorter time before such commencement, if the board of chosen freeholders make the requirement herein after mentioned,) it shall be the duty of the governor forthwith to issue a writ of election to fill the said vacancy, unless he shall be of opinion that the services of a person in the office then vacant will not be required during the legislative year, or the residue thereof; but the neglect of the governor to issue a writ for filling such vacancy shall not

Special elec

tions.

Seat declared

certain cases.

preclude the house in which such vacancy may have p pened from causing the same to be filled, if they judge it ad visable; provided also, that if the board of chosen freeholder of such county shall signify in writing to the governor, in cast such vacancy occurs during the recess of the legislature, or after the annual election, and before the commencement d the legislative year, or to such house, when in session, the desire of such board that the vacancy shall be filled, then suck house, or the governor, as the case may be, shall forthwith. after such signification, issue such writ.

12. And be it enacted, That every special election shall be held on one day only, which shall be Tuesday.

13. And be it enacted, That if any person who shall be elected a member of the Senate or General Assembly of this to be vacated in state shall neglect or refuse, for ten days next after the com mencement of the session of such house, to take his sea therein, or to send to such house a satisfactory excuse, or shall, during any session of such house, be absent unrem tingly for ten days (unless expressly excused by such house from attendance thereon), or shall remove from and cease to be a resident of this state, his office shall be deemed vacant.

Vacancies in

14. And be it enacted, That when any vacancy shall happen in the college of electors of this state, or when any college of elect elector shall fail to attend, by the hour of three o'clock in the ors, how supplied. afternoon of the day fixed by the Congress of the United States for the meeting of the college of electors, at the place of holding such meeting, those of the said electors who shall be assembled at the said hour and place, shall immediately after that hour proceed to fill, by ballot and by a majority of votes, all such vacancies in the electoral college.

Vacancies in representation in Congress, how supplied.

Vacancies in of

fice of sheriff, how supplied.

15. And be it enacted, That whenever any vacancy or vacancies shall happen in the representation of this state in the House of Representatives, it shall be the duty of the governor forthwith to issue a writ of election to fill such vacancy or vacancies, unless the term of service for which the person or persons whose office or offices shall have become vacant will expire within two months next after the happening of such

vacancy or vacancies.

16. And be it enacted, That if any person who shall at any such election have been elected to the office of sheriff, shall neglect, refuse, or be unable to give bond with sufficient sureties, or shall neglect or refuse to take the oath or affirma tion of office, as is required by law, at the time appointed for giving such bond and taking such oath or affirmation, then such office shall be deemed and taken to be vacant; and it shall be the duty of the judges of the court of common pleas

the county, or any three of them, in which such vacancy all have happened, forthwith after such vacancy, to direct the erk of such court to certify the fact of such vacancy to the overnor; and the clerk of such court shall forthwith certify he same, under his hand and the seal of such county, to the overnor, who shall forthwith, on the receipt of such certifiate, issue a writ of election to fill such vacancy.

17. And be it enacted, That every writ of election which Writs of elechall be issued under the provisions of this act shall be of the tion. ature of a proclamation, and be signed by the governor or y the president of the Senate or the speaker of the House of Assembly, as the case may be, and shall specify the cause and purpose of such election, the name of the officer in whose office the vacancy has occurred, and the day on which such election shall be held, which shall not be less than fifteen days, nor more than forty days, from the date of such writ.

and deliver co

ties.

18. And be it enacted, That every such writ shall, by the Secretary of officer issuing the same, be delivered forthwith after the date state to make thereof to the secretary of state, who shall forthwith, after pies of writ to receiving the same, affix thereto the seal of this state, and file clerks of counthe same in his office, as an official paper; and in case such vacancy or vacancies shall have happened in the representation of any county in the Senate or Assembly, he shall make, or cause to be made, a copy of such writ, certify the same to be true and correct under his hand, and cause such copy thus certified to be delivered to the clerk of such county; and in case such vacancy or vacancies shall have happened in the representation of this state in the House of Representatives, he shall cause as many copies of such writ to be made as there shall be counties, certify each of the same to be true and correct under his hand, and cause one of such copies to be delivered to the clerk of each county.

tion to fill va

19. And be it enacted, That the clerk of each county shall, Clerks to give forthwith after the receipt of any such copy, cause the same notice of electo be published, at least once a week, until the time of such cancy. election, in each of the newspapers which shall be printed or published in such county, or if no newspaper shall be printed or published in such county, then in at least two newspapers circulating most generally therein; and if such election shall be held to fill a vacancy or vacancies in the representation of such county in the Senate or Assembly, such publication shall be made at the expense of such county; and if such election shall be held to fill a vacancy or vacancies in the House of Representatives, such publication shall be made at the expense

of this state.

Persons ineligi

20. And be it enacted, That no person shall be elected a to office of member of the House of Representatives, or an elector of electors.

more than one

president and vice president, who shall hold any office of t or profit under the United States; and no person shai te elected to the office of such elector who shall hold the ofte of senator or member of the House of Representatives of t United States.

21. And be it enacted, That no person shall hold at the stre Persons incapa- time more than one of the following offices: elector of press ble of holding dent and vice president of the United States, member of t of certain offices House of Representatives of the United States, members of the Senate or of the General Assembly of this state, clerk or swrogate of a county, sheriff, or coroner; and if any person wh shall have been elected or appointed to any such office sha during the term for which he shall have been elected or pointed, be elected or appointed to another of such ofice and shall accept the same, such acceptance shall be deemed make vacant the office to which he shall have been previous elected or appointed; and if any person shall, at any electi be elected to two or more of such offices, he shall accept one of the same, and the other or others shall be deem vacant.

22. And be it enacted, That at the next and every subse Judges of elec- quent annual meeting in each township, the persons who s be qualified to vote therein shall choose one of their number. who shall be a respectable freeholder, to be a judge of elec tion; and the person so chosen shall be the chairman of the board of election in such township, and shall, together with the persons who shall be chosen assessor and collector, constitut: such board; and such board shall preside at and conduct al such elections to be held during the year next following such annual meeting in such township; and the persons who shal be chosen as such assessor and collector shall, for the purposes of this act, be styled judges of election, and have equal powers in presiding at and conducting such elections with the person chosen as such judge; and the decision of a majority of such board, on any question, shall be deemed and taken to be the decision of such board, and final.

ballot-box.

23. And be it enacted, That the clerk of each township shal Clerk to provide from time to time, as occasion shall require, provide and keep in good repair, at the expense of the county in which such township shall be situated, a ballot-box for the use of such township, which box shall be made one foot in depth, width, and length, as near as may be, measuring the same on the exterior thereof, and strapped and secured on each corner thereof with iron or brass, so as to prevent it from being casily broken, asi shall have a lid thereto, which shall be fastened with brass of iron hinges; and there shall be on the lid thereof three locks of different construction, so that neither of them can be opened with the key belonging to another of them; and there shall be