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What The Attorney-general Says

What The Attorney-general Says image
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So much discussion has been had over the question as to whether or not the election law passed by the last legislature applies to local elections, that the Attorney-General has given his opinión in regard to it. The elections take place in this county within a few weeks, and that none of our offieers may make an error in regard to the matter, the Argus prints the following opinión received from Attorney-General Ellis: „ ,.t . Lansiko, Fob. 24, 1892 Kditor of Argüís: . 1-. Dear Sik : There have been so many questions asked by local offieers of various townships, incorporated villages and cities, relative to the applicationof the general election law to local elections and town meetings to be held in the spring of 1892, that I desire to say to such ofh'cers, through the medium of your paper, that : Act No. 190 of the Public Acts of 1891, known as the general election hnv, as hniited by Act No. 194 of the Public Acts o.' the same year, applies to all local elections held in the various cities, viüages and townships of this state. That such elections must be held accoi-ding to the provisions of said general law, so far as the samo are applicable thereto. It is provided among other things, in section one of Actiio. 194, that, "all the provisions Of such general law relative to the board of election inspectors, the arrangement of polling places (which I would include the providing and 1 rangement of booths), the manner of voting and receiving of votes, and the canvass and declaration of the result of such election, are made applicable to such muncipal auc' ! township elections;" but the time r'or opening and elosing of the polls shall not be aft'ected by réason of Act No. 190 The time for opening and closing of I the polls in towntthip elecüons is eon; trol led by sectiou 704 of Mowell's ötai! utes, wluch provide that : i "The polls uball be opuned at nhie o'clock in' the ïorenoon, or as soon thereafter as may be, and shall be closed between the houra of tlnee and six o'clock in the afternoon, md the inspectora sliall cause proclaniation to be made at least one liour before tlie closing of the polls, that the polls of the electiou will be closed at or witnin ! the speciüed hour, naming it." 8ection two, of Act 2N'o. 14)4 pro vid ei that : "The townsbip board of each township, and such persons as shall be electéd theiefor by the conimon council of the varfous cities and villages in tliis state, shall be the board of election coininissioneis for such townsliip, city or village respectively, and sliail I peiform such dutjes relative to the preparation and printing of balluts as are required by law of the board ot election couiinissionersof counties, and tbe like duties and privileges as are enjoined and granted by the laws governing general elections, upon the varióos coimuittees of the different political organizattons, are hereby prescribeo for the city, village or township cornmittees, in elections held pursuaiit" to .said act; except thttt no vignette or heading for the ballot, otber than the name of the party shall be nec8sary. It will be necessary to hold the caucuses for the nomination or' candidates at least rive days before election day, as sectiou three of the act provides that "the naiaes of candidatos shali be given in by the committees of tiie various political organizations, to the board of election comtnissioners ot such muncipality, not less than five days before each election, and the proof copy of the baliot shall be open :o the inspection of the chairinan of each committee at the oñice of the township clerk, and city or village cieiK or recoruer, not Jess tlmn two clear secular ilays before such elecion." The ticket must be printed in the same form as is provided in the general law, and the board of eleciion commissioners lor the township, city or village, must furnish the ticket. They can get the printing done at uch places as they clioose. ïhe words "poütical organizatioiis" or "political party" used in tuis act, must be construed to mean auy repectable boily of citizeus who aro lectors of any township or election istrict, and who assemble themselves ;ogether in the marnier provided by aw, and hold a nominating caucus or onvention. Henee it is only necessarv. in lor a person to tmve lus name printed upon the ticket, that he should be nominated by a respectable body ot' electors properly assembled, who are entitled to vote for him at the eleetion. Any person who is not nominated, or who is placed in nomination by persons who reside outside of his eleetion district, would not be entitled to have his name printed on the ticketIt is not intended, however, that any person who desires to run for office shall be prohibited froni iuniishing slips, or seeking, within the provisLons of the law, to have his name writ ten or pasted on the ticket by electors when they are preparing their ballots in the booths. All such votes and the votes for any person, when on the ballot, should be counted under the same directions as govern the counting ot votes for regular candidates whose names are printed on the ballots. By section 4, of Act No. 190, it is provided : "No eleetion district or voting precinct under the provisions of this act. shall contain more than five hundred electors according to the poll lists ol the last preceding general eleetion. When any eleetion district or voting contain over live bundred electors it shall be the dutyof the townahip board iu townships, and the city council in cities, to divide stich voting precincts into two or more election districts." In case the división is made in a townsliip or incorporated village, the provisions of chapter eight of ilowcll's Statutes, are to apply and govern such división. If the división is made in cities, and there are no special provisions in the city charter existing relative thereto, then the división, the election comraissioners, and the election inspectora, and all matters arising by reason of the división, must be provlded for by ordinance of the common council. The common council has power to make all necessary rules and regulations in connection therewith, to fully carry out the provisions or the law. In allvoting precincts in cities where there are special provisions in the charter for designatiug inspeetors of election, in cases of división of voting precincts, such inspectora should be designated as directed in the charter and would be the inspectorsof election under the law. Attoniey-Geneial.


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