Sec. 33. The clerk must seal up such abstract, Transmission endorse it "Election Returns" and without delay transmit it by mail, registered, to the Secretary of State.

to Secretary of State.

State canvassing board.

Certificate of count.

delayed

returns.

Sec. 34. On the first Monday of December after the day of election, at 12 o'clock noon, or in case of special election at 12 o'clock noon on the day following the receipt by the Secretary of State of the last of the returns of such special election, the State Auditor, State Treasurer, and Attorney General, who shall constitute a Board of State Canvassers, must meet in the office of the Secretary of State and compute and determine the vote, and the Secretary of State, who is secretary of said board, must make and file in his office, a statement thereof and transmit a copy of such statement to the Governor."

Sec. 35. If the returns from all the counties have Messenger for not been received on the fifth day before the day des ignated for the meeting of the board of State canvassers, the Secretary of State must forthwith send a messenger to the clerk of the board of county canvassers of the delinquent county, and such clerk must furnish the messenger with a certified copy of the statement Compensation mentioned in section 27. The person appointed is entitled to receive as compensation four dollars per day for the time necessarily consumed in such service, and ten cents for each mile necessarily' traveled. His account therefor, certified by the Secretary of State. after being allowed by the Board of Examiners, must be paid out of the general fund of the State treasury.

of State messenger.

Commissions to issue.

Sec. 36. Upon receipt of such copy mentioned in section 34, the Governor must issue commissions to the persons who from it appear to have received the highest number of votes for offices to be filled at such When Governor election. In case a Governor has been elected to succeed himself, the Secretary of State must issue the commission.

succeeds

himself.

Tie vote for judges decided by lot.

Sec. 37. In case any two or more persons have a highest and equal number of votes, for justice of the supreme court, or judge of a district court, the Secretary of State must transmit to the Governor a certified statement showing the vote cast for such persons, and thereupon in the presence of the Governor and Secretary of State, the tie shall be decided by lot.

Sec. 38. In case of a failure by reason of a tie vote, or otherwise, to elect a Representative in Con

the Tie vote for

gress, the Secretary of State must transmit to Governor a certified statement showing the vote ca for such persons voted for and in case of a failure t elect, by reason of a tie vote or otherwise, the Governo. must order a special election.

Representative to Congress, special election to decide.

to delay

Sec. 39. No declaration of the result, commissio: Informality not or certificate must be withheld on account of any de declaring elecfect or informality in the returns of any election, if i tion result. can, with reasonable certainty, be ascertained from such returns what office is intended and who is elected thereto.

to county

Sec. 40. It is the duty of the Secretary of State to Publication of cause to be published, in pamphlet form, a sufficient and transmis number of copies of this act, and such other provisions son of copies of law as bear upon the subject of elections, and to clerks, etc. transmit the proper number to each county clerk. whose duty it is to furnish each election officer in his county with one of such copies.

in February of

take office

Sec. 41. That on the Tuesday next after the first City election Monday in February, 1898, and biennially thereafter. even years. there shall be held in each incorporated city and town of this State an election to fill all elective offices in said cities and towns; and the officers then elected City officers shall qualify and enter upon their duties on the first March 1. day of March next succeeding their election, and continue in office two years and until their successors are elected and qualified. That the term of office o all the present elective officers shall expire on February 28, 1898.

Sec. 42.

pointive officers

All appointive officers in said cities an Term of aptowns shall hold their respective offices until thei: in cities and successors shall be appointed and qualified.

towns.

municipal

Sec. 43. All qualified electors of the State who Electors at have resided in the county four months, and in the pre-election. cinct and city for sixty days next preceding any municipal election are entitled to vote at such election.

name judges

places at city

Sec. 44. In all municipal elections the city council City council to shall appoint judges of election and designate the and voting place of voting. There must be at least one voting election. place in each municipal ward. All elections must be conducted according to the general laws of the State.

returns

election.

Sec. 45. On the Monday following any election, Canvassing the council must convene and publicly canvass the re- of municipal sult, and issue certificates of election to each person elected by a plurality of votes. When two or more persons have received an equal and highest number of

Tie vote de

cided by lot.

votes for any one of the offices voted for, the tie shall be decided by lot in the presence of the mayor and city recorder, upon a day designated by the mayor.

Sec. 46. This act shall take effect upon its approval.

Approved April 5, 1896.

Registration

CHAPTER CXXVI.

REGISTRATION LISTS.

AN ACT to provide for establishing and maintaining Permanent Registration Lists of all qualified Electors in the State of Utah, and to repeal all other acts and parts of acts inconsistent therewith.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. It shall be the duty of the board of county commissioners to appoint as registration agent agents; politics for each election precinct a person who, at the time of the appointment, belongs to the political party which in the precinct for which such registration agent is appointed, cast the highest number of votes for Governor at the election next preceding the appointment of such registration agent, and in cases where the registration precincts have been altered since such election, the appointment shall be made as follows:

1. Where two or more election precincts have been created out of a single election precinct, each registration agent shall be a member of the political party which cast the highest number of votes for Governor in such single election precinct at the preceding election.

2. Where an election precinct is created by combining two or more or the parts of two or more election precincts then such registration agent shall be a member of the political party which cast the highest number of votes for Governor in the precinct which either in whole or in part forms the major part of such newly created precinct.

The true intent and meaning of the provisions of this act, with reference to the appointment of registra

tion agents, is that the registration agent in each precinct shall belong to the political party which, at the preceding election, cast the highest number of votes for Governor in the territory forming the election precinct at the time of the appointment, and the registration agent appointed shall be selected by the board of county commissioners from a list of not less than three Appointments names to be furnished and certified by the chairman nominated by and secretary of the political party from which the ap- political party. pointment is to be made;

Provided, Such chairman and secretary shall furnish such list of names within ten days after being notified so to do by the clerk of the board of county commissioners.

from list

officers of

in office of

agent.

Sec. 2. It is the duty of the chairman of the board Filling vacancy of county commissioners of any county of the State, registration when he has received notice from any citizen of the death, disqualification or resignation of any registry agent, after the opening and prior to the closing of the books of registration, to immediately, without giving notice, appoint some competent person as provided in section 1 of this act to fill such vacancy, and it is the duty of the person so appointed to qualify within two days after receiving notice of such appointment.

tration agent

another

Sec. 3. If the person so appointed fail to qualify when regiswithin the time herein provided, voters may, upon pro- fails, voters ducing evidence as to their right to vote, be registered in may register in any other precinct in said county, and any person so precinct. registered in any other precinct must, upon presentation and surrender of a certificate of registration to the judges of election, signed by the registry agent of said precinct, be considered a legal voter in the precinct in which he is a resident.

registering in

Sec. 4. If any person applies to be registered in oath of person any precinct other than the one in which he resides, another and is entitled upon proof, to a certificate of registra- precinct. tion, such applicant, in addition to a certificate of registration, such applicant, in addition to the proof required by this act to entitle him to registration, must take and subscribe to an oath before the registry agent, in substantially the following form:

Utah,

-18-.

I do solemnly swear that I make this application

for registration in precinct No. of

county of

Utah, because there is no registry agent within pre

cinct No.-- which is the precinct where I reside
and am entitled to vote.

Subscribed and sworn to before me this
18--.

day of

Registry agent.

Form of registration certificate.

registration agents.

Whereupon such person is entitled to receive from the registry agent of such precinct a certificate, which must be substantially in the following form:

REGISTRATION CERTIFICATE.

I hereby certify that
United States, of the age of

of

in

is a citizen of the

years, and has been

a citizen of the United States for ninety days, a resident of the State of Utah for one year, of the county for four months, and of - precinct No. county for sixty days, and that he is in all respects a qualified registered elector under the laws of Utah; and I further certify that the reason he applies for, and I give this registration certificate, is because within precinct No. where he resides, there is no registry agent, and I further certify that he is, under the law, entitled to vote in the precinct of

No.

,

of -county, Utah.
Witness my hand in precinct No.
county, Utah.

of

Sec. 5. The board of county commissioners of the Stationery for several counties must provide for registry agents in their respective counties, when and where required all proper and necessary books and stationery to carry out the provisions of this act. They must furnish to each registry agent a bound book, which shall be known as Official register. the "Official Register," and it must be ruled in columns of suitable dimensions to provide for the following entries opposite the name of each elector, to-wit: 1. Number on the register.