Auditors may

in private

SEC. 4. The Board of State Auditors is hereby author- Board of State ized to contract for the care and maintenance of State contract for care patients in private asylums at a rate per capita not exceed of State patients ing the average cost per capita of the cost of the care asylums. and maintenance of patients in the State asylums: Provided, That no bill shall be allowed under any such contract, except upon the certificate of the State Board of Corrections and Charities that such insane persons have received proper treatment and care. Approved April 17, 1895.

[ No. 85. ]

AN ACT to enable the townships, cities and villages of this State to use the Myers automatic ballot machine at all elections therein.

or village may

machine.

SECTION 1. The People of the State of Michigan enact, Township, city That by the unanimous vote of any township board of use Myers any organized township, or by a majority vote of the automatic ballot council of any village, or the common council of any city, within this State, upon the recommendation of five freeholders who are voters and not members of said township board, or city or village council, respectively, may, at any regular session or special meeting, determine upon, adopt and provide for the use of the Myers automatic ballot machine in any one or more voting precincts, in its respective or particular township, village or city, at all elections held therein; and thereupon such ballot machines shall be used for the purpose of voting for all public officers, to be elected by the voters of such township, village or city, or any part thereof, and upon all constitutional amendments, or propositions, or questions which may lawfully be submitted to such voters, and for registering and counting the ballots cast at such elec. tions. But nothing in this section contained shall be construed as compelling the use of such ballot machines at an election of school officers in the school districts of any township or of a city or village at which no other public officer is to be elected: Provided, That the town- Proviso as to ship board of any township may, in their discretion, sub- township board, mit at any regular township meeting to a vote of the electors the question of providing and ordering such voting machine.

SEC. 2. The following terms as used within this shall be construed to mean as follows:

Cabinet. The Myers automatic ballot machine whole.

as

act Definition of

terms used in use of machine, a Cabinet,

Voters' compartment.

Counter compartment.

Counters.

Public counter

Partition plate.

Push knobs.

Keyboard,

Ballot frames.

Ballots,

Ballot captions.

Diagram poster.

Counter labels.

Instruction eards.

Nominee.

Voters' compartment. That part of the ballot machine occupied by the voter in voting.

Counter compartment.-The closed portion of the ballot machine containing the automatic mechanical counters. Counters. The registering dials in the counter partment.

com

Public counter. -The exposed dial at the front of the ballot machine which registers the total number of electors voting.

Partition plate. The metal partition dividing the voters' compartment from the counter compartment.

Push knobs.-The knobs projecting from the partition plates into the voters' compartment and by which the elector registers his vote.

Keyboard.-The face of the partition plate within the voters' compartment.

Ballot frames. The metallic frames within which the ballots are secured upon the keyboard.

Ballots. The tabulated lists of offices and nominees respectively therefor, or succinct statements of the constitutional amendments or other questions or propositions submitted, arranged vertically in pairs, successively captioned "for" and "against," printed on cardboard or heavy paper, and of dimensions, colors and type as herein specified to be placed within the ballot frames, posted at the polls and given to the inspectors as in this act prescribed.

Ballot captions.-The headings upon which are printed the name or other appropriate designation of the party or other nominees, constitutional amendments, questions or propositions submitted to be placed in a frame provided therefor, upon the keyboard above each vertical column of nominees, constitutional amendments, questions or propositions, and to correspond therewith in material and color.

Diagram poster.-A complete set of ballots and ballot captions forming a facsimile of those upon the keyboard and to be posted at the polls.

Counter labels.-The cards or labels placed in receptacles upon the face of the respective counters attached to the back of the partition plate within the counter compartment having printed thereon the name of the nominee, or a statement of the amendment, question or proposition submitted, successively, following the words "for" and "against" placed directly opposite the corresponding name, amendment, question or proposition as it appears upon the face of the partition plate, within the voters' compartment and being of the same material and color as its said opposite.

Instruction cards.-The directions as to method and manner of voting and statement of the penal provisions relating to the election code, and to be posted at the polls.

The word "nominee," is to be construed to mean any person for whom an elector may vote at the election.

Township. The word "township" as herein used shall Township. be construed to mean such township as shall have adopted the Myers ballot machine as prescribed in section one.

Village. The word "village" as herein used shall be con- village. strued to mean such village as shall have adopted the Myers ballot machine as prescribed in section one.

City. The word "city" as herein used shall be con- city. strued to mean such city as shall have adopted the said ballot machine as prescribed in section one.

polling place.

SEC. 3. Provisions for equipment of polling place.-The Provisions for township board of each township, the council of each vil- equipment of lage, and the common council of each city, shall provide for each polling place where such voting machines have been ordered to be used, at each election, the necessary ballot machines in complete working order, with ballots, ballot captions, and counter labels in their proper places therein, and with each of the dials of the counters all set at nine, guard-rails, inspectors' table, and other furniture and equipment of such polling place necessary for the lawful conduct of the election thereat and shall have in readiness each such polling place; put the inspectors of election in possession thereof, and deliver to them the keys. of the ballot machine therein, at least thirty minutes before the opening of the polls at the election. The said Who to care for board of each township, the council of each village and when not in use. the common council of each city shall care for the ballot machine, furniture and equipment of the polling places when not in use at the elections.

The

ballot machine:

use of machine.

SEC. 4. Arrangement of the polling place. The ballot Arrangement of machines at each polling place shall be so placed as to polling place for be at least three feet from the wall of the room and at least three feet from the outer guard-rail. There shall be two guard-rails, called the outer and inner rails. The outer rail shall be so placed as to bar access to within three feet or more of the ballot machine, with openings or gateways therein leading to and from the inspectors' table, which shall be at least four feet from the ballot machines. inner guard-rail shall extend to a point at or near the inspectors' table from a fixture on the ballot machine placed between the entrance and exit doors. Such other guard-rails may be used as shall seem necessary or convenient. The ballot machine and every part of the polling place, except the interior of the ballot machine, shall be in plain view of the election officers and persons just outside the guard-rails.

etc.;

SEC. 5. Providing ballots.-The county clerk of the County clerk to county shall provide, at the county's expense, the requi- provide ballots, site number of ballots, ballot captions, counter labels and instruction cards for each polling place in such township, village or city, for each election to be held thereat, except township meetings and city and village elections and electious of school officers not held at the same time as the general election. If a city or village election or a

tion at other

times than regular, who to provide ballots, etc.

In case of elec. township meeting for the election of public officers shall be held upon a different day from from a general election, the clerk of such city, village or township shall provide, at the expense of such city, village or township, the requisite number of ballots, ballot captions, counter labels and instruction cards for each polling place. The ballots, ballot captions, counter labels and instruction cards shall be printed and in possession of the clerk charged with providing them and open to the public inspection four days before the election, except those for a village or city election or a township meeting held at a different day from the general election, shall be so printed, in possession and open to public inspection one day before such village or city election or township meeting.

Instruction

cards, ballots, etc., to be card

paper.

lots, size, etc.

Ballots to be

clear type.

SEC. 6. Description of ballot captions, ballots, counter labels and instruction cards. -Ballot captions shall be of board or heavy cardboard or heavy paper, four inches long by three and three-fourths inches wide, and shall have printed thereon in plain, clear type, as large as the space will reasonably permit, the party or other appropriate designations of the nominees, amendments, questions or other propositions subNumber of bal- mitted. Ballots shall be of as many kinds as there are political parties or titles represented by certificates of nominations duly filed, or constitutional amendments, questions or other propositions submitted, and shall be of cardboard or heavy paper, three and five-eighths inches wide, spaced by cross lines one, and eleven-sixteenths inches. apart, between centers of lines, except the upper one should be thus spaced, four inches from the top and upon the ballot shall be printed in plain, clear type, not smaller printed in plain than pica, the name of the office and under it the name of the candidate or nominee therefor in plain, clear type, known as great primer ionic, as large as the width of the ballot will permit, or a plain, concise statement of the amendment, question or proposition submitted under successive captions "for" and "against," with or without an index hand pointing (when placed in the ballot frame) to Counter labels to the push knob used when voting by that ballot. Counter be of cardboard. labels shall be of cardboard, or heavy paper, three-eighths of an inch wide by three inches long, upon which shall be printed the name or other suitable designation of the nominee, amendment, question or other proposition submitted. Should any party fail to make a nomination for an office, the ballot in that party's column upon the keyspace to be left board on the horizontal line devoted to that office, shall be left blank and its push knob to the right and opposite thereto shall be capped so as to be inoperative. Should two or more parties nominate the same person for any office necessarily located on any of the group crosslines on the key board, his name shall be printed upon the ballot of the party which shall first nominate him: Provided, Such nominee, within two days after his second nomination, may by a written instrument acknowledged as

In case party fall to make nomination

blank.

Proviso as to

choice of parties.

more officers for

deeds are required to be acknowledged for record and filed with the county clerk of the county, designate which one of such political parties in whose column he desires his name to appear, and the county clerk shall prepare his ballot for that party; and the ballots of the other party or parties which shall have nominated him shall be left blank for that office, and the corresponding push knob or push knobs to the right of and opposite thereto shall be capped so as to be inoperative. If two or more officers are In case two or to be elected to the same office for different terms, the the same office, term for which each is nominated shall be designated on how designated. the ballot. If, in any congressional district, one congressman is to be elected for a full term and another to fill a vacancy, the ballot containing the name of each nominee shall designate the congress for which he is nominated. The ballot captions, ballots and counter labels of the sev-Ballots to be eral political parties or other nominating bodies, and the color ballots for and against constitutional amendments or other propositions or questions shall be distinguished from each other by distinctive colors; and so far as is possible, the colors to be used to distinguish the candidates of the different political parties or other nominating bodies shall be those prescribed by the present usage of those town. ships in which such ballot machines have heretofore been used. The instruction cards shall state the prescribed colors of the party ballots and other ballots, and ballot captions, and give a summary of the laws punishing violations of the election law, with such other information as shall seem pertinent and advisable.

distinguished by

each polling

cards to be

SEC. 7. Number of ballot captions, ballots, counter labels, Number of baland instruction cards.-Four ballots of each kind shall be lots provided at provided for each polling place. Four instruction cards place. printed in English and four printed in such other lan- Instruction guage or languages as shall be prescribed by the board of printed in differsupervisors of the county, shall be provided for each poll- ent languages, ing place. They shall be printed in clear type so as to be easily read. Four complete sets of ballot captions and two complete sets of counter labels shall also be provided for each polling place.

how corrected.

SEC. 8. Correction of mistakes.-Upon affidavit presented In case of errors, by any voter that an error or an omission has occurred in the printing of the ballots, ballot captions or counter labels, the judge of the circuit within which the voting precinct is located thereof may make an order requiring the county clerk or other officer or board charged with the duty in respect to which such error or omission occurred to correct such error or show cause why it should not be corrected. The county clerk or other officer or board shall, when county on their own motion, correct any palpable error in the rect errors. ballots, ballot captions, counter labels or instruction cards which can be corrected without interfering with their timely distribution.

clerk may cor