executive

Sec. 9. In case any two or more persons have an Tie for State equal and highest number of votes for either Governor, officers, decided Secretary of State, Attorney General, State Auditor, by lot. State Treasurer or Superintendent of Public Instruction, the tie shall be decided by lot to be drawn in the presence of the supreme court of the State at a time.

officers, decided

to be designated by the court, and in case of a tie vote Tie for county for any county office except county commissioner, the by lot. board of county commissioners must determine the tie by casting lots in the presence of the persons having such equal and highest number of votes for such office.

In case of a tie vote for any of the county commissioners, the tie shall be decided by lot in the presence of the county clerk, at a day designated by him.

furnish poll

Sec. 10. The board of county commissioners of County to each county must furnish for the several election pre- books for cincts in each county, poll books, after the forms hereinafter prescribed.

precincts.

mail poll books

Sec. 11. The county clerk must forward by mail, County clerk to registered, to one of the judges of election in each to judges of precinct, at least ten days prior to any general election election. and five days prior to any special election, two of such blank poll books for the use of the judges of such precinct.

books.

Sec. 12. The following is the form of poll books to Form of poll be kept by the judges of election in which shall be written the poll lists:

Total number of votes cast at precinct No.

We the undersigned judges of an election held at precinct in county, State of Utah, on the day of 189-, having first been severally sworn according to law, hereby certify that the foregoing is a true statement of the number and names of the persons voting at said precinct at said election, and that the following named persons received the number

of votes annexed to their respective names for the following offices, to wit:

Disposal of ballots after count.

Marking excess ballots,

tion to poll

make return to county clerk.

Judges.

Sec. 13. At all elections, during the count of the ballots, as provided in section 31 of "An act in relation to elections, defining offenses against the same and prescribing punishments therefor," commonly called the Australian ballot law, the ballots, as soon as read or laid aside and included in the return of "Excess Ballots," must be strung on a string by one of the judges and must not thereafter be examined by any person, but must as soon as all legal ballots are counted, be carefully sealed in a strong envelope, each one of the judges writing his name across the seal.

Sec. 14. Any ballot laid aside and included in the return of "Excess Ballots," must be marked by the judges by writing across the face thereof "Excluded on the ground of -," filling the blank with a brief statement of the reasons for the rejection, which statement must be dated and signed by the judges.

Sec. 15. As soon as all the votes are counted and Judges of elec- the ballots sealed up, the poll books must be signed books, etc., and and certified to by the judges of election substantially as in the form in section 12. The judges must, before they adjourn, enclose in a cover and seal up and direct to the county clerk all certificates of registration received by them, one of the lists of the persons challenged, one of the poll books, one of the tally sheets, and the official oaths taken by the judges of election. Each of the judges must write his name across the seal of the envelope or cover.

Sec. 16. The judges must select one of their num

poll book open

ber to retain, open to the inspection of electors, for at Tally sheet and least six months, the other list of persons challenged, to inspection; the other tally sheet and poll book. The judge so se- ballot box. lected must also retain the ballot box.

custody of

sealed

Sec. 17. The sealed packages containing the cer- Custody of tificates of registration, poll book, tally sheet, oaths of packages. election officers, and ballots, must, before the judges adjourn, be delivered to one of their number, to be determined by lot, unless otherwise agreed upon.

sealed returns

or transmission

Sec. 18. The judges to whom such packages are Delivery of delivered must, within twenty-four hours, deliver them to county clerk, without their having been opened, to the county clerk, by registered or convey the same, unopened, to the postoffice, near- mail. est the house in which the election for such precinct is held, and register and mail the same, duly directed to the said clerk.

retain ballots

no contest.

Sec. 19. Upon receipt of the packages, the clerk County clerk to must file the one containing ballots and must keep it for one year, unopened and unaltered for twelve months, after which then destroy if time if there is not a contest commenced in some tribunal having jurisdiction, he must burn the package without opening or examining the contents.

preserved till

Sec. 20. If within twelve months there is such a Ballots contest commenced, he must keep the package ur-contest is opened and unaltered until it is finally determined, determined. when he must, as provided in the preceding section, de stroy it, unless such package is by virtue of an order of the tribunal in which the contest is pending, brought and opened before it, to the end that evidence may be had of its contents, in which event the package and its contents are in the custody of such tribunal.

canvassing.

Sec. 21. The other package the clerk must pro- Returns to be duce before the board of county commissioners, when produced for it is in session for the purpose of canvassing the returns.

Sec. 22. As soon as the returns are canvassed, the Fling canclerk must file in his office, the poll book, lists and the vassed returns. papers produced before the board from the package mentioned in the preceding section.

CANVASS OF RETURNS.

missioners a

Sec. 23. The board of county commissioners of County comeach county is ex-officio a board of county canvassers canvassing for the county, and must meet as a board of county canvassers at the usual place of meeting of the board

board.

for absent

county commissioner.

of county commissioners on Monday next after each election at twelve o'clock noon to canvass the returns. Sec. 24. If at the time and place appointed for Officer acting such meeting one or more of the county commissioners should not attend, the place of the absentees must be supplied by one or more of the following county officers, whose duty it is to act, in the order named to-wit: The treasurer, the assessor, the sheriff, so that the board of county canvassers shall always consist of three acting members. The county clerk is ex-officio the clerk of the board of county canvassers.

County clerk is clerk of

canvassers.

Canvass of returns.

Messenger after missing returns.

Sec. 25. If at the time of the meeting, the returns from each precinct in the county in which polls were opened have been received, the board of county canvassers must then and there proceed to canvass the returns; but if all the returns have not been received, Postponements. the canvass must be postponed from day to day, (Sundays and legal holidays excepted) until all of the returns are received, or until seven postponements have been had. If the returns from any election precinct have not been received by the county clerk within seven days after any election, it is his duty forthwith to send a messenger to the judges for the missing returns, who must procure such returns from the judges, or any of them, and return the same to the county clerk. Such messenger shall be paid out of the county treasury ten cents per mile for the distance necessarily traveled. If it appears to the board, by evidence, that the polls were not opened in any precinct, and no returns have been received therefrom, the board must certify to the same and file such certificates with the county clerk, with the evidence, if any, who must enter the same in the minutes and in the statement mentioned in section 27.

Certificate of

failure to open polls.

public.

Sec. 26. The canvass must be made in public by Canvass to be opening the returns and determining therefrom the vote of such county or precinct for each person voted for, and for and against each proposition voted upon at such election and declaring the result thereof. In canvassing, no returns must be rejected, if it can be ascertained therefrom the number of votes cast for each person. The fact that the returns do not show who administered the oath to the judges of election, or a failure to fill out all the certificates in the poll books, or to do or perform any other act in making up the returns, that is not essential to determine for whom the

Returns not rejected

because of irregularity.

votes were cast, is not such an irregularity as to entitle the board to reject the same, but they must be canvassed as are other returns.

of result.

Sec. 27. The clerk of the board must, as soon as Entry of record the result is declared, enter on the records of such board a statement of such result, which statement must show:

1. The whole number of votes cast in the county. 2. The names of the persons voted for, and the propositions voted upon.

3. The office to fill which each person was voted for.

4. The number of votes given at each precinct to each of such persons, and for or against each of said propositions.

5. The number of votes given in the county to each of such persons and for and against each of such propositions.

Sec. 28. The board must declare elected the per- Declaration of sons having the highest number of votes given for each election result. office to be filled by the votes of a single county or subdivision thereof.

election in

Sec. 29. The county clerk must immediately make Certificate of out and deliver to such person (except to the person county or elected district judge) a certificate of election signed subdivision. by him and authenticated with his seal.

abstract in case

officers.

Sec. 30. When any district officer is voted for, by Certified the electors of the district composed of two or more of district counties each of the clerks of the counties composing such district, immediately after making out the statement specified in section 27 must make a certified abstract of so much thereof, as relates to the election of such officers.

to Secretary of

Sec. 31. The clerk must seal up such abstract, Transmitting endorse it "Election Returns," and without delay election returns transmit the same by mail, registered, to the Secretary State. of State.

State election returns.

Sec. 32. When there has been a general or spe- Abstract of cial election for officers voted for by the electors of the State at large, or for judicial officers (except justices of the peace), each county clerk, so soon as the statement of the vote of his county is made out and entered upon the record of the board of county commissioners, must make a certified abstract of so much thereof as relates to the votes given for persons for said offices to be filled at such elections.