County clerk to distribute ballots, packages. SEC. 9. Distribution of ballots.-The county clerk or election commission, as the case may be, charged with the duty of providing ballots, ballot captions, counter labels and instruction cards shall, on Saturday before the election in which they are to be used, deliver to the clerk of each township and to the clerk of each city or village in the county, the ballots, ballot captions, counter labels, and instruction cards required for each polling place in To be in sealed such township, village or city. They shall be so delivered in two equal and similar sealed packages for each election district, each marked upon the outside thereof with the designation of the election district for which it is intended. Receipts, specifying the number and kind of packages, shall be given by each township, village and city clerk and filed with the county clerk, who shall keep a record thereof, specifying the time and manner of the Township, city delivery. Each township, village and city clerk receiving and village clerk such packages shall cause one of them to be delivered opened packages unopened and with its seals unbroken to the inspectors of election and take the election district marked thereon, at least thirty minreceipt for same. utes before the opening of the polls, and shall take a receipt from such inspectors, specifying and describing the package, which receipt shall be filed in the office of such clerk; from the contents of the other package he shall, not later than the day preceding the election, place or cause to be placed in the proper receptacles in each ballot machine the ballot captions, ballots and counter labels in the order as officially published, and shall post instruction cards and diagram posters within the polling room, accessible to voters, and set each dial of all labeled City, village and counters at nine. City, village and township clerks charged to deliver ballots with the duty of providing ballots, ballot captions, counter and take receipts labels and instruction cards shall in like manner, distribute to deliver un to inspectors of Receipt to be filed in office of county clerk, township clerks for same. In case of lost replace. them and take receipts therefor within their respective cities, villages and townships. Such receipts shall be filed in the respective offices of the city, village and township olerks. SEC. 10. Lost ballots.-If the ballots, ballot captions, ballots, who may counter labels or instruction cards shall not be furnished to the township, village or city clerk as required herein, or if after being furnished and delivered they, or any of them, shall be lost, destroyed or stolen, the clerk of such township, village or city shall cause other ballots as nearly in the form as those lost, destroyed or stolen, as possible, captions, counter labels or instruction cards to be prepared, and deliver them to the inspectors of election in their several election districts, and the substituted ballots, ballot captions, counter labels or instruction cards shall be used at the election in the same manner as near as may be, When inspectors as those lost, destroyed or stolen. The inspectors may correct palpable errors therein and shall, in their statement of the election, specify such corrections as made by them. may correct errors, election. and instruction adjusted in pres SEC. 11. Preparation for voting. The inspectors of Meeting of inelection, who shall be members of different political spectors of parties, and the poll clerks shall meet at their respective polling places in each election district thirty minutes before the time of the opening of the polls therein. The inspect- Chairman. ors shall choose one of their number chairman, if not already so chosen and present. They shall there have the ballots, ballot captions, counter labels and instruction cards, and shall break the package thereof, make and post conspicuously, and so as to be accessible, one or more diagram posters, two or more instruction cards, and, if they shall be printed in different languages, at least two in each such language at said polling place. The diagram posters Diagram posters and instruction cards so posted shall not be taken down, cards to be torn, defaced or mutilated at such elections. The chair- posted. man shall retain one complete set of ballots, ballot captions and counter labels for use within the ballot machine, if needed. The inspectors shall then enter the voters' Machine to be compartment of the ballot machine through the entrance ence of election door, and, if not already done, the chairman shall, in the inspectors. presence of the inspectors, adjust and secure within the frames upon the keyboard the ballot captions and ballots in the vertical numbered columns and to the left side of the push knobs of the same color as the ballots, and arranged in the same order as on the diagram posters. The chairman shall then, in an audible voice, read from Chairman to the said columns consecutively, beginning with the column read names in number one, the caption and the ballots thereunder, in the secutively. order that they appear on the keyboard. The inspectors shall see that all the names of the nominees for the same office appear and remain on the same horizontal lines, and that the ballots upon constitutional amendments, or other questions or propositions submitted, are arranged in pairs, successively captioned "for" and "against."' The chair- Bolt rod to man shall then lock the bolt rod behind the lock button be locked by at the left side of the keyboard. The inspectors shall then leave the voters' compartment through the entrance door, and the authorized watchers or challengers may then inspect the interior of the voters' compartment likewise entering and departing through the entrance door, which shall thereupon be closed and locked by the chairman. The chairman shall then fully open the sliding doors of Chairman to the counter compartment, in the presence of the inspect- doors of counter ors and watchers, or challengers, and, if not already so department in done, set each dial of every labeled counter at nine, and inspectors. announce that every such dial is so set. The chairman shall then direct the two other inspectors to enter the voters' compartment, push in the push knob of the uppermost ballot in column number one, and read aloud said ballot, whereupon the chairman shall insert in the receptacle of the counter thus indicated its counter label, if not already inserted, and audibly repeat the name, and, in substance, say his counter is labeled and that all its dials columns con chairman. open sliding presence of Dials to be set at zero. The public counter to be set at zero, Duties of inspectors. Manner of voting. Challenge of voter. Disabled voters to be assisted. voter not to persuade voter in any manner. are set at zero. They shall thus continue until all the push knobs in column number one have been pushed in. One of the inspectors shall then go out through the exit door, thus releasing the push knobs. The inspectors shall then re-enter the ballot machine, and they shall proceed with the remaining columns in all respects as with column number one. The two inspectors shall then leave the voters' compartment simultaneously, one going out through the exit door, the other through the entrance door. They shall all then see that the counter labels are in the same relative position opposite their respective ballots, and that all the dials stand at zero. The chairman shall adjust the public counter at zero. The counter compartment shall then be locked. SEC. 12. Duties of inspectors.-During the time that the polls are open the chairman, or one of the inspectors shall be stationed at the entrance door of the ballot machine to act as doorkeeper. SEC. 13. Voting. The polls being open, the voters shall pass through the opening in the outer guard-rail singly or in single file, and keeping in file, proceed to the inspectors' table. If the voter shall be found to be entitled to vote, the doorkeeper shall admit him to the ballot machine through the entrance door, which shall be immediately closed and kept closed until said voter shall have come out through the exit door, and said exit door is entirely closed. The voter may be challenged at any time before he enters the ballot machine. SEC. 14. Disabled voters.-Any voter who shall be totally blind, or without the use of either hand sufficient to push the knobs or physically unable to enter or leave the ballot machine without assistance, shall be assisted as now Person assisting provided by law. The person so selected shall not, in any manner, request or seek to persuade or induce such voter to vote any particular ballot or for any particular nominee, amendment, question or proposition, and shall not reveal how such disabled voter voted, or what occurred within the ballot machine. After voting, one shall come from the ballot machine through the entrance door first, Name of assist the others through the exit door last. The name of the ant to be noted assistant shall be noted on the registers and poll lists, opposite the name of the disabled voter and also the char acter of the disability. Such physically disabled voter may examined under be examined under oath administered by any inspector as disability. to his disability, and if he knowingly testify falsely, he shall be guilty of perjury and punishable therefor. Time voter may SEC. 15. Time of voting.-No voter shall remain within remain in voting the ballot machine longer than one minute. If he do so, he shall be requested to leave the ballot machine, and if he refuse, he shall be removed, and the inspectors may call for such aid as shall be needed so to do. on register. Voter may be oath as to compartment. Instructing voter within ballot machine. SEC. 16. Instructing voter within the ballot machine.In case any voter within the ballot machine shall ask the doorkeeper any question concerning the manner of voting, the doorkeeper shall summon another inspector or challenger of a party other than his own, and the question shall then be answered in the presence of both such inspectors or challengers; but under no circumstances shall advice be given as to how or for whom the voter shall vote. result. SEC. 17. Canvassing the vote. As soon as the polls are Manner of canclosed, the entrance door of the ballot machine shall be vassing the vote. locked. The inspectors shall then, in the presence of the watchers or challengers, unlock and open the sliding doors of the counter compartment, only so far as to fully expose the full width of the wire-meshed guard door. The chair- Chairman to man shall read or announce, reading from left to right, the announce the result in an audible voice to the others, as shown by the dials, and they shall each and all observe and record the total number of votes registered for each respective candidate and upon each constitutional amendment, question, or other proposition as registered and declared by such ballot machine register, and such ascertainment of the results shall be deemed to be the canvassing of the votes cast at such election. The wire-meshed guard door shall not be certain door to unlocked or opened at any time during the canvass. They during canvass. shall then close and lock the counter compartment doors and shall observe and record the total number of voters who have voted in the ballot machine by transcribing the number shown by the dials of the public counter. remain locked make certified SEC. 18. Certified statement.-Upon the completion of Inspectors to the canvass, the inspectors shall make and sign a written statement of statement thereof, showing the date of the election, num- votes cast, ber of the district, the town or ward and the county in which it was held, the whole number of votes cast for each office, the whole number cast for each nominee for such office and the whole number cast, respectively, for and against each constitutional amendment, question, or other proposition submitted. Copies shall be made and Copies to be filed and proclamation of the result of the election made as now required by the election law. as to the result. SEC. 19. Ballot clerks. -No ballot clerks shall be elected No ballot clerk or appointed in any township, village or city that shall to be elected or have adopted the use of the ballot machine. appointed. general election SEC. 20. Election law. The provisions of the election Provisions as to law, not inconsistent with this chapter shall apply with full law. force to all townships, villages and cities adopting the use of the ballot machine. lot machines. SEC. 21. Additional ballot machines. -Nothing herein con- Additional baltained shall prevent the use of more than one ballot machine in any polling place during an election. omissions. SEC. 22. Mistakes and omissions.-A departure in mat- Mistakes and ters of form or method from those prescribed herein not tending to prejudice the substantial rights of the voter, shall be disregarded, and the provisions of this chapter Proviso as to shall be liberally construed to effect the objects of the law: Provided, That the township board of any township, common council of any city, or village board of any vilresolution rela- lage in this State, may, at any time, by resolution, order annulment of prior order or tive to vote recorder. or vote, annul any prior resolution, order or vote passed This act is ordered to take immediate effect. Section amended. Not to stay pro bond given. Proviso as to judgment rendered. 103 180 [ No. 86. ] AN ACT to amend section two of chapter one hundred thirty-eight of the revised statutes of eighteen hundred forty-six relative to writs of error and certiorari, being section eighty-six hundred seventy-nine of Howell's annotated statutes. SECTION 1. The People of the State of Michigan enact, That section two of chapter one hundred thirty-eight of the revised statutes of eighteen hundred forty-six relative to writs of error and certiorari, being section eighty-six hundred seventy-nine of Howell's annotated statutes, be amended so as to read as follows: SEC. 2. No writ of error shall operate to stay or superceedings unless sede the execution in any civil action, unless the plaintiff in error, with two sufficient sureties, or three sufficient sureties without the plaintiff in error, shall give bond to the defendant in error, with condition that the plaintiff in error shall prosecute his writ to effect, and shall pay and satisfy such judgment as shall be rendered against him thereon: And provided, That where such judgment is rendered in an action to recover the possession of lands, brought under the provisions of chapter one hundred twentythree of the revised statutes of eighteen hundred forty-six, the same being chapter two hundred eighty-six of Howell's annotated statutes, if the writ of error be sued out by Amount of bond the defendant in said action, said bond shall be in a penalty not less than twice the amount of the annual rental of the premises in dispute, and shall also in addition to the foregoing conditions contain a further condition, that if the complainant obtain restitution of said premises in said suit, the said defendant will forthwith pay all rent due or to become due, or the rental value thereof during the time the same has been detained by the defendant to the complainant for required. |