the face of the returns, have the same examined and corrected upon certiorari to the circuit court of the county, according to the rules and practices applicable to such writs. SEC. 15. For fraudulent or illegal voting, or tampering Quo warwith the ballot boxes before a recount by the board of can- legal vassers, the remedy by quo warranto shall remain in full voting. force together with any other remedies now existing.

CHAPTER XIX

Recount and Correction of Frauds and Errors in Return by State Canvassers

ranto for

state canvassers.

SECTION 1. Any candidate voted for at any election for Recount by an office, the votes for which are canvassed by the board of state canvassers, who considers himself aggrieved on account of any fraud or mistake in the canvass of the votes by the inspectors of election or the returns made by said inspector, or of any county canvassing board, may, at any time prior to four o'clock standard time on the afternoon of the last day upon which the board of state canvassers meets for the purpose of canvassing such votes, present to and file with the secretary of state a written or printed petition which shall be sworn to by such candidates, setting forth as near as may be the nature and character of the fraud or mistakes complained of, and the township, ward and county in which they exist, which petition shall pray for a correction thereof by

a recount of the votes cast therein: Provided, That in case Proviso. of any such petition for recounts at a primary election, such petition shall be filed not later than ten days after such primary election.

SEC. 2. Any elector in this state, who believes that there Petition, flhas been any fraud or error committed by the inspectors of ing of. election in the return made by said inspectors or of any county canvassing board in the canvass of the votes cast upon the question of a proposed amendment to the constitution or any other question or proposition, the votes for which are canvassed by the board of state canvassers, may, before four o'clock standard time on the afternoon of the last day on which the board of state canvassers meets to canvass such votes, present to and file with the secretary of state a written or printed petition which shall be sworn to by the elector presenting the same and which shall set forth as near as can be, the nature and character of the fraud or error of which complaint is made and the particular township, ward and county in which it is believed that the fraud or error occurs, and such petition shall contain a prayer that a correction thereof be made by a recount of the votes cast therein.

SEC. 3. The candidate or elector presenting such petition Deposit to the secretary of state shall at the same time deposit with required. such officer the sum of one hundred dollars for the first county, or part thereof, in which a recount of the votes is

Notice to opposing candidate.

Investigation.

May demand

etc.

demanded, and twenty-five dollars for each additional county or part thereof in which a recount is demanded. In case fraud or mistake, as alleged and set forth in any such petition, is established in one or more counties, the sum of twenty-five dollars for each such county in which the fraud or mistake is established shall be returned to the petitioner upon the order of the board of state canvassers and in case such recount shall change the result of the election, the entire amount deposited by petitioner shall be returned to him.

SEC. 4. Any candidate filing such petition and making the deposit herein required, shall give notice thereof to the opposing candidate within forty-eight hours after filing same by handing or delivering to such candidate a copy of such petition, or, if such candidate cannot be found, by leaving such copy at his last place of residence. It shall not be necessary for any elector, filing a petition for a recount of the votes cast upon the question of proposed amendments to the constitution or other questions or propositions, to give any such notice.

SEC. 5. The board of state canvassers at as early a date as possible after the receipt of such petition and the deposit required, shall investigate the facts set forth in said petition and cause a recount of the votes cast in the particular wards and townships in question.

SEC. 6. The board of state canvassers shall have the right ballot boxes, and authority to demand and cause the ballot boxes, keys and election seals and returns in connection with any such election to be brought before it.

When and where held.

Who may conduct.

Assistants,

etc.

May sum

tors, etc.

SEC. 7. The said board shall also have the right to prescribe the place when and where the recount of any such votes shall be conducted, which shall be in public.

SEC. 8. It shall not be necessary for all of the members of said board to [of] state canvassers to conduct a particular recount, but each member shall have the right to conduct any such recount when properly designated by the board, to the end that the recount may be conducted and the result of the election determined at the earliest possible moment.

SEC. 9. The board of state canvassers or any member of the board of state canvassers while conducting a recount shall have authority to employ such clerks and assistants as shall be deemed necessary.

SEC. 10. The said board of state canvassers or any member mon inspec- thereof shall have the right to require any inspector of election, county officer, or other person, to appear for any such purpose as may be desired, either by the board or any member thereof. The persons who at the request of the board of state canvassers, or any member thereof, appear with the ballot boxes, returns and tally sheets or otherwise, shall receive the same compensation and mileage therefor as is prescribed by law for witnesses.

Expenses,

how paid.

SEC. 11. All expenses incurred under authority of this chapter shall be paid out of the general fund in the state

treasury on vouchers to be approved and audited by the board of state canvassers.

and recount.

SEC. 12. The said board of state canvassers, or any mem- Opening of ber thereof, shall at the time and place prescribed, where the ballot boxes interested candidates and their counsel, or the representative of any party or cause can be present, if they so desire, proceed forthwith to open the ballot boxes from the designated What to townships or wards and make a recount thereof as to such show. candidates, question or proposition, and make a full, complete and correct return in writing, showing the full number of votes cast, the names of candidates, and the number of votes given to each, or the total number of votes cast for and against any such proposition, written out in words and figures.

count com

SEC. 13. When the recount is completed the said board, When reor the member thereof conducting the same, shall at once pleted. return the ballots to their respective boxes, carefully fasten and seal said boxes and deliver them and the keys and election seals to the officer or officers having the care and custody thereof.

one member.

SEC. 14. Whenever a recount is conducted by a particular When conmember of the said board, it shall be the duty of the member ducted by so conducting same to certify the result of such recount to the board of state canvassers, which board shall consider the result so certified by the particular member thereof, and certify the result in the manner prescribed.

deemed

SEC. 15. The returns made by the said board of state Returns canvassers of any recount shall be deemed to be correct, any- correct. thing in the return of any board of election inspectors or any county canvassing board to the contrary notwithstanding.

SEC. 16. The provisions of this chapter shall not be con- Not applicastrued to include a recount of any primary election.

ble to primary.

SEC. 17. Nothing in this chapter contained shall be con- Court action strued to repeal any action or remedy which may now exist not repealed. by reference of any action to the courts.

CHAPTER XX

Electors of President and Vice-President

certified.

SECTION 1. As soon as practicable after the state board Presidential of canvassers has, by the official canvass, ascertained the re- electors, how sult of an election as to electors of president and vice-president of the United States, the governor shall certify, under the seal of the state, to the secretary of state of the United States, the names and postoffice addresses of the electors of this state chosen as electors of president and vice-president of the United States. The governor shall also transmit to each elector chosen as an elector for president and vice-president of the United States a certificate, in triplicate, under the seal of the state, of his election.

When and

where to convene.

Voting machines.

Purchase, etc.

How constructed.

SEC. 2. The electors of president and vice-president shall convene in the senate chamber, at the capitol of the state at the hour of twelve o'clock noon, on the second Monday of January next following their election. If at such time there shall be any vacancy, caused by death, refusal to act, or neglect to attend at the hour of twelve o'clock noon of said day, or on account of any two of the persons voted for as such electors having received an equal and the same number of votes, or on account of the ineligibility of any person elected, or for any other cause, the qualified electors of president and vice-president shall proceed to fill such vacancy by ballot, by a plurality of votes. When all the electors shall appear and the vacancies shall be filled, as above provided, they shall proceed to perform the duties of such electors, as required by the constitution and laws of the United States.

CHAPTER XXI

Voting Machines

SECTION 1. At all state, county, city, village and township elections hereafter held in this state, ballots or votes may be cast, registered, recorded and counted by means of voting machines, as provided in this chapter.

SEC. 2. Hereafter the board of supervisors of any county, the legislative body of any incorporated city or village, or the township board of any township in the state of Michigan, may, by a majority vote, authorize, purchase and order the use of any thoroughly tested or reliable voting machine in any one or more voting precincts within said county, city, village or township until otherwise ordered by the officers adopting the same.

SEC. 3. A voting machine to be purchased as provided in section two of this chapter must be so constructed as to provide facilities for voting for the candidates of at least seven different parties or organizations, and must permit all voters to vote for any person for any office, whether or not nominated as a candidate by any party or organization, and must permit voting in secrecy. It shall also be so constructed that votes may be cast thereon for constitutional amendments or any other public measure; it must also be so constructed as to provide for at least thirty candidates for each party organization at any and all elections and said machine must be constructed of good and durable material in a workmanlike manner, and also so constructed that it can be easily and conveniently operated by inspectors of election and the voters; it must also be so constructed as to prevent voting for more than one person for the same office, except where the voter is entitled to vote for more than one person for that office, and it must afford him an opportunity to vote for any and all persons for that office as he is by law entitled to vote for and no more, at the same time preventing his vot

ing for the same person twice. It may also be provided with one ballot in each column containing the words "Presidential Electors", preceded by the party name, and a vote for such ballot shall operate as a vote for all the candidates of such party for presidential electors: Provided, That there shall be Proviso. provided in conjunction with such machine, suitable to the type of machine used, a means of voting "mixed" or "split" tickets for presidential electors.

SEC. 4. The board of supervisors of any county, the com- Who to mon council of any city or village, or the township board of provide, etc. any township adopting a voting machine, shall, as soon as practicable thereafter, provide for each election district a voting machine in complete working order and shall thereafter keep the same in repair and shall have the custody thereof, and of the furniture and equipment of the polling place when not in use at an election. If it shall be impracticable to supply each and every election district with a voting machine at any election following such adoption, as many may be supplied as it is practicable to procure, and the same may be used in such election district or districts within the county, city, village or township as the officers adopting same may determine. More than one voting machine may be provided and used in any election precinct.

for, how

SEC 5. The board of supervisors of any county, the legis- Payment lative body of any city or village, or the township board of made. any township on the adoption and purchase of voting machines may provide for the payment thereof in such manner as they deem for the best interest of the county, city, village or township, and may for that purpose issue serial bonds provided three-fifths of those voting at a general election vote in favor of issuing such bonds. It is further provided that in case any city, village or township of a county in which the use of voting machines shall have been determined upon by the board of supervisors, shall have previously purchased voting machines, such city, township or village shall have returned to it from the general fund of said county such pro rata amount of the whole cost for the county as the number of voting precincts so previously provided by any such city, township or village, bears to the whole number in the county, but not exceeding the amount previously paid by any such city, township, or village.

SEC. 6. All ballot labels shall be printed in black ink, Ballot labels. on clear white material of such size as will fit the ballot frame and in plain type as the space will reasonably permit. The party vignette and the name for each political party represented on the machines shall be prefixed to the name

of the candidates for such party. The names of candi- Names, how dates for office to be voted for at such election shall be placed. placed upon such machines in the same order that the names of candidates for office are now required to be placed upon printed ballots by the general election law. Where candidates for local offices in any city, village or township are to