were duly elected at the said election to the several offices respectively; and thereupon the clerk shall make duplicate certificates of such determination, showing the result of the election upon any question or proposition voted upon, and what persons are declared elected to the several offices respectively; one of which certificates he shall file in the office of the county clerk of the county in which the village is located, and the other shall be filed in the office of the village clerk. council to (592) § 2723. SEC. 10. If there shall be no choice for In case of tie, any office by reason of two or more candidates having re determine ceived an equal number of votes, the council shall at the by lot. meeting mentioned in the preceding section, determine by lot between such persons which shall be considered elected to such office. to notify per (593) § 2724. SEC. 11. It shall be the duty of the clerk, Village clerk within five days after the meeting and determination of the sons elected. council, as provided in this chapter, to notify each person elected, in writing, of his election; and he shall also, within five days after the appointment of any person to any office, in like manner notify such person of the appointment. failure of offi oath or bond. (594) § 2725. SEC. 12. Within one week after the expi- Clerk to report ration of the time in which any official bond or oath of cers to file office is required to be filed, the clerk shall report in writing to the council the names of all persons elected or appointed to any office, who shall have neglected to file such oath or bond. lage into vot (595) § 2726. SEC. 13. The council of any village hav- Division of viling more than six hundred and fifty electors according to the ing precincts. poll list of the last preceding election, may cause such village to be divided into two or more voting precincts, and the manner of making such division, the registration, and holding of elections and of canvassing the votes, and all other matters pertaining to the division of villages into voting precincts, and of the holding of elections therein, shall be governed by the general laws of the state relating thereto. CHAPTER XIII.--MISCELLANEOUS. Voting machines, use of, at elections. Board may purchase, etc., voting machines. Voting machines, construction of. VOTING MACHINES. An Act to provide for the casting, registering, recording and counting of ballots or votes at any regular or special election held in the state of Michigan, by means of voting machines; to provide for the purchase of same and to repeal all acts or parts of acts inconsistent herewith. [Act 287, P. A. 1907] The People of the State of Michigan enact: (596) SECTION 1. At all state, county, city, village and township elections hereafter held in the state of Michigan, ballots or votes may be cast, registered, recorded and counted by means of voting machines, as hereinafter provided. The acts relative to the use of the "Rhines Vote Recorder." "Myers Ballot Machine" and the "Abbott Voting Machine," are omitted from this compilation, see sections 3759-3823, C. L., 1897. This act refers to elections at which persons are given public offices by a plurality of the votes of all the electors voting thereat, and does not authorize the use of voting machines at primary elections.-Line v. Election Com'rs, 154/329. A vote by voting machine is a proper vote by ballot.Detroit v. Election Inspectors, 139/548; Henderson V. Saginaw Election Com'rs, 160 / 36. But for a later enactment authorizing the use of voting machines at primary elections, see sections 621-626. (597) SEC. 2. Hereafter the board of supervisors of any county, the common council of any incorporated city or vil lage, or the township board of any township in the state of Michigan, may, by a majority vote, authorize, purchase and order the use of any thoroughly tested or reliable voting machine in any one or more voting precincts within said county, city, village or township until otherwise ordered by the officers adopting the same. Am. 1909, Act 214. (598) SEC. 3. A voting machine to be purchased as provided in section two of this act must be so constructed as to provide facilities for voting for the candidates of at least seven different parties or organizations, and must permit all voters to vote for any person for any office although not nominated as a candidate by any party or organization, and must permit voting in secrecy. It shall also be so constructed that votes may be cast thereon for constitutional amendments or any other public measure; it must also be so constructed as to provide for at least thirty candidates for each party or ganization at any and all elections and said machine must be constructed of good and durable material in a workmanlike manner, and also so constructed that it can be easily and conveniently operated by inspectors of election and the voters; it must also be so constructed as to prevent voting for more than one person for the same office, except where the voter is entitled to vote for more than one person for that office, and it must afford him an opportunity to vote for any and all persons for that office as he is by law entitled to vote for and no more, at the same time preventing his voting for the same person twice. It may also be provided with one ballot in each Ballots for column containing the words "Presidential Electors," pre- electors. ceded by the party name, and a vote for such ballot shall operate as a vote for all the candidates of such party for presidential electors. Am. Extra Session, 1907, Act 7. presidential provide keep in (599) SEC. 4. The board of supervisors of any county, the Board to common council of any city or village, or the township board machines, of any township adopting a voting machine, shall as soon as repair, etc. practicable thereafter, provide for each election district, a voting machine in complete working order and shall thereafter keep the same in repair and shall have the custody thereof, and of the furniture and equipment of the polling place when not in use at an election. If it shall be impracticable to supply each and every election district with a voting machine at any election following such adoption, as many may be supplied as it is practicable to procure, and the same may be used in such election district or districts within the county, city, village or township as the officers adopting same may determine. More than one voting machine may be provided and used in any election precinct. Am. 1909, Act 214. bonds, etc. (600) SEC. 5. The board of supervisors of any county, the May issue common council of any city or village, or the township board of any township on the adoption and purchase of voting machines may provide for the payment thereof in such manner as they deem for the best interest of the county, city, village or township, and may for that purpose issue bond certificates of indebtedness or other obligations which shall be a charge on the county, city, village or township, as the case may be. Such bonds, certificates or other obligations How issued. may be issued with or without interest, payable at such time or times as the authorities may determine, but shall not be issued or sold at less than par. It is further provided that Refunding. in case any city, village or township of a county in which the use of voting machines shall have been determined upon by the board of supervisors, shall have previously purchased voting machines, such city, township or village shall have returned to it from the general fund of said county, such pro rata amount of the whole cost for the county as the Ballot labels. of names. number of voting precincts so previously provided by any such city, township or village, bears to the whole number in the county, but not exceeding the amount previously paid by any such city, township or village. Am. Id. (601) SEC. 6. All ballot labels shall be printed in black ink, on clear white material of such size as will fit the ballot frame and in plain type as the space will reasonably permit. The party vignette and the name for each political party represented on the machines shall be prefixed to the name of the candidates for such party. The names of candidates for office to be voted for at such election shall be placed upon such machines in the same order that the names of candidates for office are now required to be placed upon printed Arrangement ballots by the general election law. Where candidates for local offices in any city, village or township are to be voted for at the same election with state or county candidates, the names of the candidates for such offices shall be placed last upon such voting machines, following the name of candidates for state, county and other offices to be voted for at such election. The order in which the names of such candidates for local offices shall be placed upon such machines shall be prescribed by the board of election commissioners Amendments. of the city, village or township, as the case may be. Where amendments to the constitution or other questions are to be voted on, such amendments or questions shall be placed on the voting machine, upon the portion of the keyboard provided therefor. Two or more independent nominations may be placed upon the same party row and such candidates shall be voted for individually. The party lever or device, if any, in connection with such party row, shall be locked whenever such party row does not contain the names of candidates of a party organization or the names of an independent body which may have nominated candidates for more than one office. The vignettes adopted for such independent candidates, if any, shall be printed upon the ballot labels in connection with the names of such candidates. Where voting machines are purchased or are used the election commissioners of the county, city or village or township shall not be required to print and furnish paper ballots for election districts using voting machines, except for any question or matter that cannot be provided for by the voting machines. The board of election commissioners of the county, shall cause to be printed ballot labels or slips containing the names of candidates for all offices to be voted for or questions to be voted upon, except when the city, village or township officials only are to be elected, at which time the city, village or township clerk shall provide such ballot labels for use upon such voting machines, and shall forward the same to the board of election commissioners of each city, village or township within the Vignettes. Ballot slips. county where such voting machines are used at least five Am. Id. additional (602) SEC. 7. Two additional sets of ballot labels shall Ballot labels, be provided for each polling place for each election for use sets to be on the voting machine and the same shall be delivered by the provided. board of election commissioners to the election board of each voting precinct. Envelopes for the delivery and return of the keys of the voting machine shall be furnished by the county clerk upon which shall be printed or written the number of the machine, the ward or precinct and the record of the protective counter, if any, and the numbers of the seals before and after the election; each of which shall be correctly filled out and be delivered to the proper board or official. In Instruction all general or city elections where voting machines are used there shall be furnished by the board of election commissioners of the county, to the election board in each such precinct in the county, a sufficient number of instruction ballots of the reduced size, showing the key board of the voting machine as it will appear after the official ballots are arranged for voting on election day with the titles of offices, names of candidates, questions, etc., and with illustrations and brief instructions how to vote. Am. Id. ballots. instructions. (603) SEC. 7a. One of such models containing fictitious Machine names of candidates must be delivered to each board of elections for use on election day and one of said board, or someone appointed by them, shall offer to exhibit and explain the operation of the voting machine by use of the model, to each voter before such voter shall be allowed to pass within the guard rail to vote. Printed instructions how to vote, circulated to voters, must conform to the instructions approved by the official providing ballots, and adapted to the machine used. Added Id. (604) SEC. 7b. The clerk of each county in which voting County clerk, machines are to be used, in whole or in part, shall cause the delive to proper ballot labels to be placed on the machines and the machines, etc. machines in every way put in order, set and arranged, ready for use in voting at such election; and for the purpose of so To employ labeling, putting in order, setting and arranging the machine, custodians. |