(516) § 181. SEC. 7. The inspectors of election in the Ballot box. several townships and wards in cities throughout the state, are hereby required to prepare a ballot box at each of the biennial elections provided for in this act, to receive all ballots that may be offered at such elections for a judge or judges of the supreme court, and for circuit judge and regent of the university, all of which shall be voted for on the same ballot.

how con

(517) § 182. § 182. SEC. 8. The election provided for by this Elections, act shall be conducted in the same manner and by the same ducted. officers, and notices of the time and place shall be given, as by the existing laws provision is made for holding a general election in the state in the month of November of each second year; and the inspectors of election shall make the same canvass, statement and returns, and they are hereby invested with the same powers and authority, as are provided by the election laws of this state for a general election..

vass, when to

ducted.

canvassers.

ceed in can

(518) § 183. SEC. 9. The county canvass for judges of County canthe supreme court shall be held on the second Tuesday suc- be held and ceeding the election, and shall be conducted in all respects how conin the same manner and by the same officers, and returns shall be made in the same manner and within the same time, as is provided by existing laws for the canvass of votes cast for circuit judges, secretary of state, and other state officers. (519) § 184. SEC. 10. The secretary of state, state Board of state treasurer, and commissioner of the state land office, shall constitute the board of state canvassers, and they are hereby How to proauthorized and required to proceed in the canvass and vassing. determination of the election of the judges or judge of the supreme court in the same manner and at the same time as is provided by law for the canvass of the election of circuit judges and regents of the university, and they shall make a statement of the votes cast and the number cast for each person, and determine the person or persons elected, and make and subscribe on such statement a certificate of such determination, and deliver the same to the secretary of state, who shall cause the same to be recorded in his office; all of which proceedings shall be conducted in accordance with the laws regulating the canvass of votes cast at a general election for state officers, so far as the same are applicable.

The balance of this act relates to the classification of judges, and powers and duties of the court.

Time of electing.

Each house to name a candidate.

Entries to be made on journals.

Joint convention.

Journals to be read.

ELECTION OF U. S. SENATORS.

An Act to designate the time, and provide the manner of electing
United States senators.

[Act 1, S. L. 1869.]

The People of the State of Michigan enact:

(520) 1144. SECTION 1. § That the legislature which shall be chosen next preceding the expiration of the time for which any senator was elected to represent this state in the congress of the United States, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a senator in congress, in the place of such senator so going out of office, in the following manner: Each house shall openly, by a viva voce vote of each member present, name one person for senator in congress; and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each house, shall be entered on the journal of each house by the clerk or secretary thereof; but if either house shall fail to give such majority to any person on such day, that fact shall be entered on the journal. At twelve o'clock, meridian, of the day following that on which proceedings are required to take place as aforesaid, the members of the two houses shall convene in joint convention, and the journal of each house shall then be read; and if the same person shall have received a majority of all the votes in each house, such person shall be declared duly elected a senator house to elect. to represent this state in the congress of the United States; but if the same person shall not have received a majority of the votes in each house, or if either house shall have failed to take proceedings as required by this act, the joint convention shall then proceed to choose, by a viva voce vote of each member present, a person for the purpose aforesaid; and the person having a majority of all the votes of the said joint convention, a majority of all the members elected to both houses being present, and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint convention shall meet at twelve o'clock, meridian, of each succeeding day during the session of the legislature, and take at least one vote, until a senator shall be elected.

A majority

vote in each

Vacancies, how filled.

(521) § 1145. SEC. 2. Whenever, on the meeting of the legislature, a vacancy shall exist in the representation of this state in the senate of the United States, the legislature shall proceed, on the second Tuesday after the commencement and organization of its session, to elect a person to fill such vacancy, in the manner herein before provided for the election of a senator for a full term; and if a vacancy shall happen

during the session of the legislature, then, on the second Tuesday after the legislature shall have been organized, and shall have notice of such vacancy, the legislature shall proceed to elect as aforesaid.

tion.

(522) § 1146. SEC. 3. It shall be the duty of the gov- Governor to ernor, upon the election of a senator, as herein provided, to certify eleccertify his election to the president of the senate of the United States, which certificate shall be countersigned by the secretary of state, under the seal of the state. He shall also deliver by mail or otherwise a like certificate to the person so elected senator.

Section 4 repeals "all acts or parts of acts contravening the provisions of this act."

STATE HIGHWAY COMMISSIONER.

[Extract from Act 283, P. A. 1909, Chap. V.]

commissioner,

etc.

(523) SEC. 2. The chief officer of said department shall State highway be denominated as the state highway commissioner. He shall appointment, be a citizen of this state, and shall have his office at the seat of government and shall personally superintend the duties thereof. He shall be appointed by the governor, by and with consent of the senate, on or before the first day of July, nineteen hundred nine, and shall hold his office on and after said first day of July, nineteen hundred nine, until the first day of July, nineteen hundred thirteen, and until his successor is duly elected and qualified as hereinafter provided. In the year nineteen hundred thirteen, and every Election of, four years thereafter, a state highway commissioner shall salary, etc. be nominated and elected by the people of the state of Michigan at the same time and in the same manner as the justices of the supreme court are nominated and elected. He shall take his oath of office July first following his election, and his term of office shall be four years from that date and until his successor is duly elected and qualified. He shall receive an annual salary of three thousand five hundred dol

The state highway commissioner may appoint two Deputies. deputies, one of whom shall be a competent civil engineer experienced in highway building. Such deputies shall take oath of office, and subscribe the oath of office prescribed by the constitu- duties, etc. tion, and whenever the commissioner shall be disabled from executing the duties of his office, he may designate one of said deputies, duly appointed, as aforesaid, who shall execute the duties of said commissioner until such disability be removed. Such deputies shall receive an annual salary of two Salaries. thousand dollars each. The commissioner may employ such other clerks and engineers as may be necessary to perform the duties incumbent upon the department. The salaries of How paid.

Vacancy.

Oath and bond.

Biennial report.

the commissioner, deputy commissioners and others employed by authority of this act shall be paid upon the warrant of the auditor general in the same manner as other state of ficers and employes are paid; and all other expenses shall be approved by the board of state auditors and paid upon the warrant of the auditor general. Whenever a vacancy shall occur in said office of commissioner by reason of death, resignation or otherwise, the governor shall fill such vacancy by appointment, but such appointee shall hold office only until the next general state election when a new commissioner shall be elected for the unexpired term. The commissioner so appointed shall, within fifteen days from the time of notice of his appointment, take and subscribe the oath of office prescribed by the constitution, and shall file the same in the office of the secretary of state, and the said commissioner shall give the people of the state of Michigan a bond in the penal sum of five thousand dollars, with sureties to be approved by the auditor general, conditioned for the faithful discharge of the duties of his office. The commissioner shall make a biennial report to the governor, which report shall contain the name and compensation of each and every person that may be or has been employed by the department, and the whole amount of the expenses of the department in the interim not previously reported. Such report shall be made on or before the first day of February, nineteen hundred nine, and every two years thereafter, and the commissioner shall have printed a sufficient number of these reports to provide every township highway commissioner and county road commissioner in the state with a copy, and such further number as may be necessary to satisfy the demand that the public weal may warrant.

Am. 1913, Act 355.

Wards.

CHAPTER XII.-ELECTIONS IN CITIES AND VIL

LAGES.

FOURTH CLASS CITIES.

[Extract from Act 215, P. A. 1895.]

CHAPTER III.

WARDS.

(524) § 2976. SECTION 1. The wards established by the council as provided in section ten, chapter one of this act, and the wards established in any incorporated city at the

time of its reincorporation under the provisions of this act, shall continue to be the wards of such city, until changed by the legislature.

For the provisions of the so-called "Home Rule" act for cities, see act 279 of 1909, as amended by acts 81 and 203 of 1911.

For proceedings for incorporation of fourth class cities previous to the enactment of the "Home Rule" act, see sections 2956-69, C. L., 1897.

apportioned.

(525) § 2977. SEC. 2. Any city having a population of Number of less than five thousand inhabitants may be divided into three wards, how wards. If it contains a population of five thousand or upwards it may be divided into four wards, and an additional ward for every additional two thousand inhabitants above five thousand and up to ten thousand. But any city having, at the time of its being brought under or subject to the provisions of this act, a greater number of wards in proportion to its population than above mentioned, shall not be required to diminish the number of its existing wards.

boundaries

aldermen or

(526) § 2978. SEC. 3. No election of aldermen or ward Change of officers shall be held in any newly established ward, or in any not to affect ward, on account of changes in the boundaries thereof, pre- ward officers. vious to the next annual city election; nor shall the office of any alderman or other officer elected in any ward be vacated by reason of any change in such ward; but any such alderman and other officer shall, during the remainder of his term, continue in office and to represent the ward including the place of his residence at the time of the change of the boundaries of the ward, unless the office become vacant for some other cause.

new wards.

(527) § 2979. SEC. 4. When by the creation of a new Terms of ward two aldermen are to be elected therein at the same time, aldermen in one of them shall be elected for one year, and one for two years, and the term of each shall be designated on the ballot.

CHAPTER IV.

ELECTORS AND REGISTRATION.

electors.

(528) § 2980. SECTION 1. The inhabitants of cities hav- Who deemed ing the qualifications of electors under the constitution of the state, and no others, shall be electors therein, and every elector shall vote in the ward or election district where he shall have resided during the twenty days next preceding the

day of election. The residence of any elector, not being a Residence of householder, shall be deemed to be in the ward or election electors. district in which is located his regular place of lodging.

See sections 1 and 87, and notes.

Warren v. Bd. of Registration, 72/405; Menton v. Cook, 147/540.