No person shall be eligible as an officer of election 'who has not been a resident householder in the precinct for which he is appointed for not less than one year next preceding his appointment or who has anything of value bet or wagered on the result of such election, or who is a candidate to be voted for at such election, or who is not capable of reading the Constitution of the Commonwealth in English, and of writing a plain and legible hand. It shall be the duty of said county board of election commissioners to test all such election officers as to their qualifications before appointment. If at any time before an election it shall be made to appear to the County Board of Election Commissioners by the affidavit of two or more qualified voters of the precinct, or other evidence, that any election officer is disqualified under the provisions of this act then said county board shall investigate said matter, and determine whether such officer is disqualified, and such a decision shall be final; and if he be found disqualified such officer shall be removed from office and a qualified person of the same political party as the officer removed shall thereupon be appointed in his stead. Said County Board of Election Commissioners may at any time remove from office any election officer and fill the vacancy thus occasioned. And said county board may at any time fill any vacancy in the office of election officer. The County Board of Election Commissioners shall give due notice of said appointments of election officers to the sheriff of the county, who shall, at least ten days before the next ensuing election give each judge, clerk and sheriff written notice of his appointment.

§ 4. Should the County Board of Election Commissioners fail to appoint such officers of election, or either of said officers fail to attend for thirty minutes after the time for commencing the election, or refuse to act, the officers in attendance shall appoint a suitable person or persons to act in his or their stead for that election. If none of said officers shall appear, as herein required, the qualified voters present shall elect the oflicers of election viva voce, as nearly as possible in conformity with the provisions of this act. who shall serve as such officers. Each officer of election shall before entering upon the duties of his office, take an oath faithfully to discharge his duties as such officer before some person authorized to administer an oath, or

if no such officer be present, it may be administered by the clerk of the election, who in turn shall be sworn by one of the judges of election.

§ 5. Said County Board of Election Commissioners shall constitute a board for examining and canvassing the election returns of each county, and awarding and issuing certificates of election. Any two of the members of said board may constitute the board, but if either be a candidate, he shall have no voice in the decision of his own case. If from any cause, two of the members of the board can not act, in whole or in part, in examining and canvassing the returns, their places shall be supplied as in case of vacancies in such board. Within two days next after an election, the sheriff shall deposit with the clerk of the county court, the returns from the different precincts. On the next day the said County Board of Election Commissioners shall meet in the clerk's office, between ten and twelve o'clock in the morning, open and canvass the returns of such election, and give triplicate or more written certificates of election, over their signatures, of those who have received the highest number of votes for any office exclusively, within the gift of the voters of the county, one copy of the certificate to be retained in the clerk's office, another delivered to each of the persons elected, and the other forwarded by the county clerk to the Secretary of State at the seat of government. For offices not within such gift, they shall give duplicate or more written certificates, over their signatures, of the number of votes given in the county, city, town, district or precinct, particularizing therein the precinct at which the votes were given, one copy to be retained in the clerk's office, one delivered to the sheriff, and one, in case of municipal or district election, to the common council of said municipality or governing authority of such district. The poll books shall thereafter remain in the clerk's office as parts of its records. So, also, shall the certificates of any precinct judges which may have been used in the absence of the poll book of that precinct.

§ 6. Where two or more counties vote together in the choice of a Representative or Senator, the canvassing boards of election of the respective counties, shall make duplicate written certificates over their signatures of the number of votes given in the counties for such Representative or Sena

tor, one copy to be retained in the clerk's office of such county, and the other to be sent immediately by mail by said board to the canvassing board of the county in such district having the largest population, which last named board shall between ten and twelve o'clock in the morning of the second Monday after the election meet in the clerk's office of their county, compare the certificates of the canvassing boards of the several counties, and therefrom give triplicate certificates of election, in writing over their signatures, of the persons who appear to have received the largest number of votes, one copy of the certificate to be retained in the clerk's office, another delivered to the person elected, and the other forwarded to the Secretary of State at the seat of government.

$ 7. The certificate of election of a county officer shall be in substance in the following form: "Commonwealth of Kentucky, sct. We, A, B, and C, duly authorized to canvass the returns of the county of.... ..,do certify, that at an election held in said county, on the... . . day of.. of..

E. F. was duly elected to fill the office The certificate of election of a justice of the peace or constable, shall be altered to show that the election was held in a named district.

§ 8. When the election of a Governor or LieutenantGovernor is contested, a board for determining the contest shall be formed in the manner following: First. On the third day after the organization of the General Assembly which meets next after the election, the Senate shall select, by lot. three of its members, and the House of Representatives shall select, by lot, eight of its members, and the eleven so selected shall constitute a board, seven of whom shall have power to act. Second. In making the selection by lot the name of each member present shall be written on a separate piece of paper, every such piece being as nearly similar to the other as may be. Each piece shall be rolled up, so that the names thereon can not be seen, nor any particular piece ascertained or selected by feeling. The whole so prepared, shall be placed by the clerk in a box on his table and after it has been well shaken, and the papers therein well intermixed, the clerk shall draw out one paper, which shall be opened and read aloud by the presiding officer and so on until the required number is obtained. The persons whose names are so drawn shall be

members of the board. Third. The members of the board. so chosen by the two Houses shall be sworn by the Speaker of the House of Representatives to try the contested election, and give true judgment thereon, according to the evidence, unless dissolved before rendering judgment. Fourth. The board shall, within twenty-four hours after its election, meet, appoint its chairman, and assign a day for hearing the contest, and adjourn from day to day as its business may require. Fifth. If any person so selected shall swear that he can not, without great personal inconvenience, serve on the board, or that he feels an undue bias for or against either of the parties, he may be excused by the House from which he was chosen, from serving on the board, and if it appears that a person so selected is related to either party, or is liable to any other proper objection on the score of its partiality, he shall be excused. Sixth. Any deficiency in the proper number so created shall be supplied by another draw from the box. Seventh. The board shall have the power to send for persons, papers, and records, to issue attachments therefor, signed by its chairman or clerk, and issue commissions for taking proof. Eighth. Where it shall appear that the candidates receiving the highest number of votes given, have received an equal number, the right to the office shall be determined by lot, under the direction of the board. Where the person returned is found not to have been legally qualified to receive the office at the time of his election, a new election shall be ordered to fill the vacancy; provided, the first two years of his term shall not have expired. Where another than the person returned shall be found to have received the highest number of legal votes given such other shall be adjudged to be the person elected and entitled to the office. Ninth. No decision shall be made but by the vote of six members. The decision of the board shall not be final nor conclusive. Such decision shall be reported to the two Hoùses of the General Assembly for the further action of the General Assembly. And the General Assembly shall then determine such contest. Tenth. If a new election is required it shall be immediately ordered by proclamation of the Speaker of the House of Representatives to take place within six weeks thereafter, and on a day not sooner than thirty days thereafter. Eleventh. When a new election is ordered or the incumbent adjudged not to be entitled, his powers shall

immediately cease, and, if the office is not adjudged to another it shall be deemed to be vacant. Twelfth. If any member of the board wilfully fails to attend its session, he shall be reported to the House to which he belongs, and thereupon such House shall in its discretion, punish him by fine and imprisonment or both. Thirteenth. If no decision of the board is given during the then session of the General Assembly, it shall be dissolved, unless by joint resolution of the two Houses it is empowered to continue longer.

9. After an election for Governor,, Lieutenant-Goverror, or other office elective by the votes of the whole State, or more than one county, or for a judge of the Court of Appeals, clerk of that court, circuit judge, Commonwealth's Attorney, Representatives in the Congress, or Electors of President or Vice-President, or for or upon questions or Constitutional amendments submitted to a vote of the people, it shall be the duty of the board of canvassers of returns for each county immediately after the examination of such returns, to make out two or more certificates in writing, over their signatures, of the number of votes given in the county for each of the candidates for any of said offices, and the number of votes for or against such questions or Constitutional amendments. One of the certificates shall be retained in the clerk's office, another the clerk shall send by the next mail, under cover, to the Secretary of State at the seat of government.

310. Said State Board of Election Commissioners, and in the absence of either, the other two, shall be a board for examining and canvassing the returns of election for any of the offices named in the last section of this act. First. It shall be the duty of said board, when the returns are all in, or on the fourth Monday after the election, whether they are in or not, to make out in the office of the Secretary of State, from the returns made, duplicate certificates, in writing, over their signatures, of the election of those having the highest number of votes, one certificate to be retained in the office and the other sent by mail to the person elected. If all of the returns are not made, the right to contest an election shall not be impaired. Second. In the case of the election of a Representative in the Congress, there shall be three certificates, one to be retained in the office, another sent by mail to the