Act 395 of 1913-Election of state central committees.. 713-717 U. S. laws, relative to naturalization of aliens. NOTE. This compilation includes only laws of a general nature. Local acts The annotations include supreme court decisions to and including the 173d Michigan report. The character is used in citing cases, to avoid the repetition of Mich.; the section mark § refers to the section number of the compiled laws The section numbers in parentheses, ( ), are compiler's sections and are con- secutive throughout the book, and the notes used refer to these sections. Abbreviations-Am., Amended; C. L., Compiled Laws; P. A., Public Acts; S. L., CALIFORNIA ELECTION LAWS. CHAPTER I.-CONSTITUTIONAL PROVISIONS. ARTICLE III. ELECTIVE FRANCHISE. (1) SECTION 1. In all elections, every male inhabitant of this state, being a citizen of the United States; every male inhabitant residing in this state on the twenty-fourth day of June, eighteen hundred thirtyfive; every male inhabitant residing in this state on the first day of January, eighteen hundred fifty; every male inhabitant of foreign birth who, having resided in the state two years and six months prior to the eighth day of November, eighteen hundred ninety-four, and having declared his intention to become a citizen of the United States two years and six months prior to said last named day; and every civilized male inhabitant of Indian descent, a native of the United States and not a member of any tribe, shall be an elector and entitled to vote; but no one shall be an elector or entitled to vote at any election unless he shall be above the age of twenty-one years, and has resided in this state six months and in the township or ward in which he offers to vote twenty days next preceding such election: Provided, That in time. of war, insurrection or rebellion no qualified elector in the actual military service of the United States or of this state, or in the army or navy thereof, shall be deprived of his vote by reason of his absence from the township, ward or state in which he resides; and the legislature shall provide by law the manner in which and the time and place at which such absent electors may vote, and for the canvass and return of their votes. QUALIFICATION OF ELECTORS: The source of all authority to vote at popular elections is the constitution; the electorate is constituted by the fundamental law; and the qualifications of electors must be uniform throughout the state.-Coffin V. Election Commissioners, 97/189: Att'y Gen. v. Abbott, 121/545. As to uniformity, see also, Att'y Gen. v. Common Council, 58/216; Maynard v. Canvassers, 84/239. The qualifications of voters at school meetings have never been identical with those of electors as defined in the constitution.-Belles v. Burr, 76/1. TOWNSHIP OR WARD: No one can vote anywhere but in the township, or ward where he resides, except as now provided in the case of soldiers.-People v. Blodgett, 13/127: People V. Maynard, 15/463; Att'y Gen. v. Holihan, 29/116; Att'y Gen. v. Common Council, 58/213; Warren v. Board of Registration, 72/401. For election purposes each ward is made by the constitution equivalent to a township.-Allor v. Wayne Auditors, 43/76. The intention of the voter is an important factor in determining residence.Harbaugh v. Cicott, 33/241, 250. CONSOLIDATION OF TOWNSHIPS: The electors of a disorganized township, the disorganization taking effect one day before the annual township election, have a right to exercise in the new township the franchise possessed by them in the old.-Att'y Gen. v. McColeman, 144/67. (2) SEC. 2. No elector shall be deemed to have gained or lost a residence by reason of his being employed in the service of the United States or of this state, nor while engaged in the navigation of the waters of this state or of the United States or of the high seas, nor while a student at any institution of learning, nor while kept at any almshouse or other asylum at public expense, nor while confined in any public prison; except that honorably discharged soldiers, seamen and marines who have served in the military or naval forces of the United States or of this state and who reside in soldiers' homes established by this state may acquire a residence where such home is located. A student at college, having no other domicile, may, in good faith, become a resident of the city where the college is located, entering the institution as a citizen thereof.People v. Osborn, 170/143. (3) SEC. 3. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in consequence of being stationed in any military or naval place within the state. (4) SEC. 4. Whenever any question is submitted to a vote of the electors which involves the direct expenditure of public money or the issue of bonds, every woman having the qualifications of male electors who has property assessed for taxes in any part of the district or territory to be affected by the result of such election shall be entitled to vote thereon. (5) SEC. 5. Every elector in all cases, except for treason, felony or breach of the peace, shall be privileged from arrest during his attendance at elections and in going to and returning from the same. (6) SEC. 6. No elector shall be obliged to do militia duty on the day of election, except in time of war or public danger, or to attend court as a suitor or witness. (7) SEC. 7. All votes shall be given by ballot, except for such township officers as may be authorized by law to be otherwise chosen. BALLOT: People v. Blodgett, 13/143; Belles v. Burr, 76/23; Maynard v. Canvassers, 84/234; Att'y Gen. v. May, 99/547. The object of this provision was to secure the entire independence of the electors, to enable them to vote according to their own individual convictions of right and duty.-People v. Cicott, 16/312. The ballot is a constitutional method which cannot be changed.-Att'y Gen. v. Detroit Com. Council, 58/213, 217. (8) SEC. 8. Laws shall be passed to preserve the purity of elections and guard against abuses of the elective franchise, and to provide for the recall of all elective officers, except judges of courts of record and courts of like jurisdiction upon petition of twenty-five per centum of the number of electors who voted at the preceding election for the office of governor in their respective electoral districts. Amendment proposed by C. R. 6 of 1913 and ratified at the April election of 1913. People v. Blodgett, 13/177; Att'y Gen. v. Detroit Com. Council, 58/215; Att'y Gen. v. Detroit, 78/552; Common Council v. Rush, 82/537; Att'y Gen. v. May, 99/547; Todd v. Election Commissioners, 104 / 474. REGISTRATION: Registration is imperative and must be complied with before the elector can vote; and the failure of the board of registration to meet is of no avail to the elector.-People v. Kopplekom, 16/342. For the various statutory provisions as to registration, etc., see sections 84-121. |