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(27) Page 105, Part IV, Chapter V, Section 3, line 2, amend. by inserting after the word "census" the words "and in any city of this State, organized under the laws thereof, as a city of the fourth class,”.
(28) Page 105, Part IV, Chapter V, Section 3, line 6, strike out the period after the word "city" and insert a comma and the words “and to provide for the discontinuance and abolishment of all other polling places in said city. The common council of any city establishing a central polling place, at the last meeting of said common council previous to every election, general or special, may appoint three or more inspectors of election, and said inspectors shall be governed by the general laws of this State in reference to their powers and duties as election inspectors".
(29) Page 109, Part IV, Chapter V, after Section 14 insert a new section to be known as Section 15, to read as follows, and renumber Sections 15, 16 and 17 to stand as Sections 16, 17 and 18 respectively.
"Sec. 15. The boards of the several townships, and the common council's or commissions of the various cities and villages shall, at the expense of their respective townships, cities and villages, procure for each polling place therein a flag of the United States made of 'class a' bunting, together with a staff and necessary appliances for displaying the same, and shall deliver them in proper time to the several boards of election inspectors whose duty it shall be to cause the flag to be displayed at or in each polling place during the progress of elections. Immediately thereafter the election inspectors shall return the flags, which shall be used only for the purpose herein mentioned, to the respective clerks who are charged with the proper care and custody thereof."
(30) Pages 117, 118, 119, and 120, Part IV, Chapter VII, strike out all of Sections 8, 9, 10, 11, and 12, and insert in lieu thereof a new section to be known as Section 8 and to read as follows:
"Sec. 8. The said board of election commissioners shall cause to be printed on the ballot (or ballot labels or slips to be placed on a voting machine, when used) the names of the candidates certified to said board pursuant to this act: Provided, That the name of no candidate shall be placed or printed in more than one column on the ballot for the same office: Provided, also, That any person who receives the nomination for the same office by two or more parties or political organizations shall, within five days after his name has been certified to said election commission as having been nominated by two or more political parties for the same office, give notice to the board of election commissioners of each county in the State, if said nominaton be for a State office; to the board of election commissioners for each county in the district, if said nomination be for a congressional, judicial, or legislative office, and to the board of election commissioners of the county if such nomination be for a county office, specifying in such notice the column of which party or political organization on the ballot or voting machine he wishes his name to be printed or placed. Such notice shall be given to said election commissioners by delivering the same either in person or by depositing the same in the postoffice in a sealed envelope, with postage prepaid, directed to the county clerk at the county seat of the respective counties: And provided further, That in case any candidate nominated by two or more parties or political organizations for the same office, and whose name shall have been certified pursuant to law to the said board of election commissioners, shall refuse or neglect to give notice to said board of election commissioners as provided in this section, and within the time named therein, the said board of election commissioners shall cause his name to be printed or placed in the column of the party or political organization, on whose ticket he received the greater number of votes at the official primary election, if the office be one the candidates for which are required by law to be nominated at an official primary election; and if not, then in the column of the party or political organization from the chairman and secretary of whose committee said board of election commissioners shall have first received notice of such person's nomination for said office: Provided further, That where a person has received the nomination for the same office by two or more parties and has filed a nominating petition for said office on the ticket of one of said political parties, he shall not be permitted to select in conformity herewith which nomination he accepts but shall be deemed to be the candidate for said office of the political party named in his said nomination petition: And provided further, That should any person become a candidate at any primary election on the ticket of any political party other that the party to which he belongs, as shown by his nomination petition, for the same office, or for any other office, his nomination on any ticket shall be void and his name shall not thereafter be printed on the ballot at the regular election following. Should any person be nominated at any primary election on the ticket of any political party other than the party to which he belongs, as shown by his nomination petitions, for the office for which he is a candidate as shown by such petitions, or for any other office, by having his name written in or by the pasting on of slips, the nomination on such other party ticket only shall be void. All the provisions of this section shall also apply to all city, village and township elections held in this State, except that the notice herein required to be given by a candidate shall, in case of a city, village or township office, be given by him to the proper city, village or township board of election commissioners within two days after his name has been so certified as nominated by two or more political parties for the same office.”
(31) Page 121, Part IV, Chapter VII, Section 13, line 26, after the word "unfit" insert the word "and".
(32) Page 121, Part IV, Chapter VII, Section 13, line 27, strike out the word "committees" and insert the word "Committee".
(33) Page 126, Part IV, Chapter VII, Section 21, line 11, insert after the word "twenty-four" the words "of Part Four".
(34) Page 127, Part IV, Chapter VII, Section 25, line 2, strike out the word "inspectors" and insert the word "inspection".
(35) Page 128, Part IV, Chapter VII, Section 26, line 19, strike out the word "twelve" and insert the word "eight".
(36) Page 133, Part IV, Chapter VII, Section 35, line 23, amend by striking out the word "fifteen" and inserting in lieu thereof the word "twenty".
(37) Pages 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, and 133, Part IV, Chapter VII, renumber Sections 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, and 35, to stand as Sections 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 31, respectively.
(38) Page 136, Part IV, Chapter VIII, Section 9, line 2, after the word "or" insert the word "by".
(39) Page 138, Part IV, Chapter VIII, Section 11, line 6, after the word "commission" insert the words "or city clerk".
(40) Page 139, Part IV, Chapter VIII, Section 15, line 13, after the word "city," insert the words "prior to the opening of the polls,”.
(41) Page 139, Part IV, Chapter VIII, Section 15, line 13, strike out the word "not".
(42) Page 143, Part IV, Chapter VIII, Section 20, line 53, strike out the words "in front of” in both places where they occur in said line and insert the words "immediately following" in each case so that line 53 will read “square immediately following the word 'Yes' or in the square immediately following the word”.
(43) Page 152, Part IV, Chapter X, Section 1, line 6, strike out the period after the word "election” and insert a colon and the words "Provided, That the provisions of this section shall not apply to inmates of asylums or prisoners confined in any penal institution."
(44) Page 153, Part IV, Chapter X, Section 3, line 2, amend by inserting after the word "such," where it first occurs, the word "absent" and striking out the following words: “expecting to be absent on the day of such election from the township or ward in which his voting precinct is situated".
(45) Page 159, Part IV, Chapter X, Section 10, line 10, strike out the words "thirty of chapter four" and insert in lieu thereof the words "twenty-six of chapter seven".
(46) Page 166, Part IV, Chapter XII, strike out Section 8 and insert in lieu thereof a new Section 8 to read as follows:
"Sec. 8. One of such statements and one of such tally sheets, sealed up in an envelope and addressed to the board of county canvassers, in care of the judge of probate, shall thereupon be delivered by said inspectors to the clerk of the township or city, as the case may be, who shall, within twenty-four hours, deliver the said envelopes to the persons to whom addressed, or immediately forward them by registered mail with return receipt demanded. The judge of probate shall deliver all such statements received by him to the board of county canvassers when it meets to canvass the returns. The other statement shall be sealed up in an envelope addressed to the county clerk and shall be delivered to said clerk by said inspectors upon completion of the count."
(47) Page 169, Part IV, Chapter XIV, Section 1, line 2, strike out the word "twenty-four" and insert the word "twenty-six".
(48) Page 195, Part IV, Section 4, line 12, amend by striking out the words "More than one voting machine may be provided and used in any election precinct", and insert in lieu thereof "At least one voting machine shall be provided in each precinct in which eight hundred or less voters are registered. At least two shall be provided when registered voters in a precinct exceed eight hundred. Where voting machines are provided a precinct may be of such size as to include fourteen hundred voters".
(49) Page 196, Part IV, Section 5, amend by striking out all of lines 1 to 10 inclusive.
(50) Page 196, Part IV, Section 5, line 11, amend by striking out the words "provided that" and capitalize the word "in" where it first occurs in the line.
(51) Page 217, Part IV, after Chapter XXI insert two new chapters to be known as Chapters XXII and XXIII, said chapters to read as follows, and renumber Chapter XXII on Page 218 to stand as Chapter XXIV.
Filling of Vacancies. "Section 1. Whenever a vacancy shall occur in any elective or appointive state office, other than the office of senator or representative in the state legislature or representative or senator in congress or a judge of a court of record, the governor shall fill such vacancy by appointment for the remainder of the unexpired term of such office..
Sec. 2. A vacancy in the office of senator or representative in the state legislature or representative in congress shall be filled only by election.
Sec 3. Whenever a vacancy shall occur in the office of United States senator, the governor shall appoint, to fill the vacancy temporarily, some suitable person having the necessary qualifications for senator. The person so appointed shall hold office from the time of his appointment and qualification until the first day of December following the next general November election which occurs more than one hundred twenty days after such vacancy happens. At such general November election, a United States senator to fill such vacancy shall be elected and the person so elected shall hold office from the first day of December fol: lowing such election for the balance of the unexpired term of the senator whose vacancy is filled.
Sec. 4. Whenever a vacancy shall occur in the office of a judge of a court of record, the governor shall fill such vacancy by appointment and the person appointed shall hold such office until his successor is elected and qualified. At the next general November election or biennial spring election held at least thirty days after such vacancy shall occur, a person shall be elected to fill such office and the person elected shall hold such office for the remainder of the unexpired term.
Sec. 5. When a vacancy shall occur in an elective or appointive county office, it shall be filled in the following manner:
1. If the vacancy shall be in the office of county clerk or prosecuting attorney it shall be filled by appointment by the judge or judges of that judicial circuit and the person appointed shall hold office for the remainder of the unexpired term.
2. If the vacancy shall be in any other county office, either elective or appointive, the judge of probate, the county clerk and the prosecuting attorney shall appoint some suitable person to fill such vacancy and the person so appointed shall hold such office for the remainder of the unexpired term.
Sec. 6. Whenever a vacancy shall occur in any elective or appointive township office, except the office of justice of the peace, it shall be filled by appointment by the township board of the township, and the person appointed shall hold the office for the remainder of the unexpired term. A vacancy in the office of justice of the peace shall be filled by appointment by the township board of the township and the person appointed shall hold the office until the next annual township election, at which time a justice of the peace shall be elected.
Sec. 7. Whenever a vacancy shall occur in an elective or appointive village or city office, it shall be filled in the manner provided by the law or charter governing the filling of vacancies in the village or city in which the vacancy occurs."
Recall of Certain Officers. "Section 1. Every elective officer, in the State of Michigan, except judges of courts of record and courts of like jurisdiction, is subject to recall by the legal voters of the State or of the electoral district in which he is elected as hereinafter provided.
Sec. 2. Petitions demanding the recall of United States senators, members of congress, State senators and representatives in the State legislature and elective state officers shall be filed with the governor; petitions for the recall of the governor shall be filed with the secretary of state. Petitions demanding the recall of any elective county, township, village or school official shall be filed with the probate judge; petitions demanding the recall of any city official, except the mayor, shall be filed with the mayor of said city; petitions demanding the recall of the mayor shall be filed with the city clerk. The petition shall be signed by at least twenty-five per centum of the number of electors who voted for the governor at the last preceding election in the election district of the official sought to be recalled, except in case of officials of fractional school districts, in which case twenty-five per centum of the number of qualified electors assessed for school taxes shall be sufficient. In case of school officers sought to be recalled, any qualified elector at a school election shall be qualified to sign the petition. Said petition, or part thereof, shall be printed or typewritten and shall state clearly the reason or reasons for said demand. The signatures thereto shall be in writing and shall state the ward, precinct and street number or township in which said petitioner lives. The circulator of the petition, or his agent or representative thereof, shall attach thereto the affidavit that the said signatures are the signatures of qualified electors; that they are genuine and made in good faith for the purposes set forth in said petition but no such petition shall be circulated against any officer until he has actually performed the duties of his office for a period of forty-five days for a legislative office, and three months for any other office.
Sec. 3. Whenever a petition signed as provided in section 2 of this chapter is filed against any officer, a special election shall be called within five days thereafter by the official with whom such petition shall have been filed. In case of county, township, village, city or school recall elections under this act, the official with whom the petition is filed shall designate and appoint qualified electors of the election district where such election is to be held, to act as inspectors, clerks and gatekeepers of the election, the number to be the same as is required under the general election laws of the state, recall election of school officers to be governed by the general election laws for township or city elections, according to whether such school district is embraced within the limits of a township or city. The official making the appointment of inspectors, clerks and gatekeepers shall serve notice of such appointments either personally or by mail upon the persons so appointed, at least five days before such election is to be had, and in case the persons so designated, or any of them, shall fail to attend, the places of such absentee or absentees shall be supplied in the manner for supplying absentees at regular elections. The official calling such election shall provide such election supplies as are required under the election laws of the State and shall prepare and have printed the recall ballot herein provided for. The expense of providing such election supplies, printing, et cetera, shall be a charge against the municipality wherein such election is held, such expense to be paid upon presentation of bills approved by the official calling such election. Such election shall be held within twenty days after the calling thereof to determine whether the electors will recall said officer, but said officer shall continue to perform the duties of his office until the result of said election is declared. The recall ballot used at said special election shall have printed thereon, in not more than two hundred words, the reason or reasons for demanding the recall of said officer as set forth in said petition, and in not more than two hundred words, the officer's justification of his course of office. There shall be printed on the recall ballot the following questions:
Shall (name the person against whom the recall petition is filed) be called from the office of (title of the office)?
Yes ( ) No ( )
Sec. 4. If, upon a canvass of the votes cast upon the question of the recall of such officer, a majority of the voters voting shall decide in favor of such recall, the election board shall certify such result as soon as may be to the officer with
whom the recall petition was filed, and said office shall be deemed to be vacant and within five days after receiving certification, the officer with whom the recall petition shall have been filed shall call a special election to be held within thirty days, for the filling of such vacancy, the same provisions made in section 3 for the calling of the special recall election to govern in the calling of such second special election: Provided, That the officer so recalled shall continue to perform the duties of his office until his successor shall have been elected and qualified. Unless he shall voluntarily withdraw, the officer so recalled shall be considered a candidate for re-election to said office and other candidates for the office may be nominated and voted for at said special election by filing with the officer with whom the recall petition has been filed, a petition within fifteen days after said special election is called, signed by not less than three per centum of the qualified electors of the electoral district, and said candidates so filing said petition shall be considered nominated for said office. The candidate who has received the highest number of votes for the vacancy created by such recall shall be considered duly elected for the remainder of the term and the votes for said candidate shall be returned to the officer calling such special election, who shall issue a certificate of election to the successful candidate.
Sec. 5. After filing such petition and after such special election, no further recall petitions shall be filed against the same incumbent of such office during the term for which he is elected unless such further petitioners shall first pay into the public treasury, which has paid such election expenses, the whole amount of election expenses for the preceding special election held for the recall of said incumbent.
Sec. 6. The law relating to nominations and elections shall govern all nominations and elections under this chapter in so far as not to conflict therewith."
(52) Page 221, Part V, Chapter I, Section 1, line 19, after the word "primary" insert the word "election".
(53) Page 222, Part V, Chapter I, Section 1, line 31, after the word "primary" insert the word "election”.
(54) Page 222, Part V, Chapter 1, Section 2, line 2, after the word "primary" insert the word "election".
(55) Page 227, Part V, Chapter I, Section 15, line 5, after the word "preserved" insert a comma.
(56) Page 244, Part VI, Chapter I, Section 1, after line 79, insert the following: "Act 325 of the Public Acts of 1913, being sections 3988 to 3994, inclusive, Compiled Laws of 1915, as amended by Act No. 44 of the Public Acts of 1917".
(57) Page 245, Part VI, Chapter I, Section 1, after line 99, add the following: "Act 199 of the Public Acts of 1923". The committee requests that the bill as amended be printed.
ARTHUR E. WOOD,
Chairman. The report was accepted.
The amendments recommended by the committee were agreed to and the bill, as thus amended, was ordered printed and referred to the Committee of the Whole.
Mr. Condon submitted the following report:
The Committee on Judiciary respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass:
Senate bill No. 25 (file No. 26), entitled
A bill to amend section 1 of chapter 28 and section 1 of chapter 76 of Act No. 314 of the Public Acts of 1915, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this State; the powers and duties of such courts and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," being sections of 13122 and 14361 of the Compiled Laws of 1915.
GEORGE M. CONDON,
Chairman. The report was accepted. The bill was referred to the Committee of the Whole.