the Tie vote for Representative to Congress, special election gress, the Secretary of State must transmit to Governor a certified statement showing the vote cas for such persons voted for and in case of a failure to to decide. elect, by reason of a tie vote or otherwise, the Governo must order a special election. to delay Sec. 39. No declaration of the result, commission Informality not or certificate must be withheld on account of any de- declaring elecfect or informality in the returns of any election, if it tion result. can, with reasonable certainty, be ascertained from such returns what office is intended and who is elected thereto. election law, sion of copies 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 to county 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 of all the present elective officers shall expire on February 28, 1898. Sec. 42. All appointive officers in said cities and Term of aptowns shall hold their respective offices until their 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 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 shal! 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 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 another 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: 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 Subscribed and sworn to before me this 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 of in is a citizen of the years, and has been a citizen of the United States for ninety days, a resi- No. county, Utah. precinct No. 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 col umns of suitable dimensions to provide for the following entries opposite the name of each elector, to-wit: 1. Number on the register. 7. Description of residence, including street number, and number of room, where party resides in a building the rooms of which are numbered. 8. Certificate of naturalization exhibited, or a certified copy thereof. 9. The postoffice address. to make house canvass. Sec. 6. It shall be the duty of the registry Registry agent agents, between the hours of eight o'clock a. m. to house and eight o'clock p. m. of such days between the tenth and thirtieth days days of of September as may be designated by the board of county commissioners of their respective counties in each year in which there is a general election, to personally visit every occupied house in their respective precincts and to receive and register the names of all persons legally qualified and entitled to vote at such election, or who will legally have acquired a residence (being otherwise qualified) and who have a right to vote at such ensuing election, according to the provisions of law under which such election may be held in each election precinct. It shall also be the duty of the registry agents, To open offices. on Tuesday and Saturday during the week beginning with the second Monday of October of each year prior to the general election at any time when called upon at their respective offices, which must be located within such precinct, and not elsewhere, between the hours of 8 a. m and 9 p. m. on said days during said week, to receive and register the names of all persons legally qualified and entitled to vote at such election, whose names were not registered during the house to house canvass. agent to make Sec. 7. Registry agents must enter upon the Registration official register, under the proper heading, the number record. and date of registration, the name (with the first or given name in full), the age and nativity of the elector, together with the number of the ward (if within an incorporated city or town,) the name and number of the precinct, description of residence of elector as directed in section 5, and when the person so registered is of foreign birth, the fact of the exhibition of, or failure to exhibit, his certificate of naturalization, or a certified copy thereof, must be noted in the column provided for that purpose, which list, properly entered, as in this section required, is known as "Official Register" of electors of their respective precincts. If any person persons refusfails or refuses to give his residence, with the par- residence. Not to register ing to give |