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governor.

first day of August and the first day of September, immediately 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, a 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 surrogale of a county is required to be made, the clerk of each township in said county shall include in the advertisement, required to be 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 of election of when and the places where the people shall respectively cote

for members of the General Assembly; and each voter shall put the name of the person voted for as governor, designatik him as such, on the same ticket with the names of the persons voted for as members of the legislature and county officers.

7. And be it enacted, That the secretary of state shall. Secretary of

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 tice of election och of governor

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 of such county shall, within fifteen days after the receipt of sari notice, cause a copy of the same, certified under his hand to be true and correct, to be delivered to the clerk of each towoship 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.

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 of representa- Lord one thousand eight hundred and forty-six, and in each tives in Con

second year thereafter, an election shall be held io elect, for this state, five persons to be members of the House of Representatives 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 Districts.

shall compose one district, to be called “ the first district: the counties of Burlington, Monmouth, and Mercer shall compose one district, to be called “the second district;" the counties of Hunterdon, Warren, and Sussex shall compose one district, to be called “ the third district;" the counties of Middle

grese.

and electors to be held at same

viith the clocotianaf moms tion for mem

ex, Somerset, and Morris shall compose one district, to be 'alled “the fourth district ;" and the counties of Essex, Hudson, Bergen, and Passaic shall compose one district, to be called “the fifth district,” each of which districts shall elect one person to represent this state in the House of Representatives of the United States.

9. And be it enacted, That on the Tuesday next after the Time of elecfirst Monday in November, in the year of our Lord one thou- tion of president

and vice presisand eight hundred and forty-eight, and in each fourth year dent. thereafter, an election shall be held in this state, to elect, for this 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.

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 ho 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 cases. 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.

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

supplied. 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 commence. ment 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

tions.

Seat declared

preclude the house in which such vacancy may have happened from causing the same to be filled, if they judge it advisable ; provided also, that if the board of chosen freeholders of such county shall signify in writing to the governor, in case such vacancy occurs during the recess of the legislature, or after the annual election, and before the commencement of 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 fortbwith.

after such signification, issue such writ. Special elec

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 le

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 concertain cases.

mencement of the session of such house, to take his seal therein, or to send to such house a satisfactory excuse, or shall, during any session of such house, be absent unremittingly for ten days (unless expressly excused by such horse from attendance thereon), or shall remove from and cease to be a resident of this state, his office shall be deemed vacant.

14. And be it enacted, That when any vacancy shall Vacancies in 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 sup plied.

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 shal 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.

15. And be it enacted, That whenever any vacancy or

vacancies shall happen in the representation of this state in the Vacancies in representation House of Representatives, it shall be the duty of the governor in Congress forthwith to issue a writ of election to fill such vacancy or how supplied.

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 Vacancies in of- any such election have been elected to the office of sherifi, fice of sheriff, shall neglect, refuse, or be unable to give bond with sufficient how supplied.

sureties, or shall neglect or refuse to take the oath or affirmation 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

hat every such with after ih, after picole pentru

ties.

Di the county, or any three of them, in which such vacancy shall have happened, forthwith after such vacancy, to direct the

lerk of such court to certify the fact of such vacancy to the governor; and the clerk of such court shall forthwith certify he same, under his hand and the scal of such county, to the zovernor, who shall forthwith, on the receipt of such certificate, issue a writ of election to fill such vacancy.

17. And be it enacted, That every writ of election which Writs of elecshall be issued under the provisions of this act shall be of the tion. nature of a proclamation, and be signed by the governor or by 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, por more than forty days, from the date of such writ. : 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

and deliver coreceiving 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 siate 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 de. livered to the clerk of each county.

19. And be it enacted, That the clerk of each county shall, Clerks to give forth with after the receipt of any such copy, cause the same notice

tion to fill vato 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. 20. And be it enacted. That no person shall be elected a persons ineligi.

erson shall be elected able to office of meinber of the House of Representatives, or an elector of electors.

notice of elec

ble of hold

ton.

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

21. And be it enacted, That no person shall hold at the sace Persons incapa- time, more than one of the following offices : elector of pres

ding dent and vice president of the United States, meinber of more than one of certain offices House of Representatives of the United States, members of the

Senate or of the General Assembly of this state, clerk or srogate of a county, sheriff, or coroner; and if any person the shall have been elected or appointed to any such office shai during the term for which he shall have been elected or pointed, be elected or appointed to another of such otics 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 electie be elected to two or more of such offices, he shall accepi bu one of the same, and the other or oihers shall be deeme. vacant.

22. And be it enacted, That at the next and erery subse Judges of elec

quent annual meeting in each township, the persons who shal be qualified to vote therein shall choose one of their pumber. 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, constitute such board; and such board shall presidé at and conduct al such elections to be held during the year next following such annual meeting in such township; and the persons who shall 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.

23. And be it enacted, That the clerk of each township shall de 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 siluated, a ballot-box for the use of such towoship, 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, and shall have a lid ihereto, which shall be fastened with brass or 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

ballot-box.

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