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The Soldier's Voting Law

The Soldier's Voting Law image
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An Act to Lnabhthe Qualified Electora o this State, in the Military Service, Í Vote at cerlain fkctiotis, and lo amem Sections 45 and 61, of Chapter 6, of th Compiled Laws. Sectio.n 1 The People of the Stat of Michigan cnaet, That every wbite iual( citizen or inhabitant of this State, of tbf ige of twenty-one years, possessing the qualifications uamed in article 7, section 1, of the Constitutiun ol the State oi Michigan, iu the military service of the United States, or this State, in the Michigan regimenté, companies, or batteries, slmll be entitled to vote at all the elections authorized by law, as provided in this act, and evcry suoh citizen or inhabitant shall thus be entitled in the rpanner herein provided, whether at the time of voting he shall be within the limits of this State or not. Sec. 2. Every soldier beionging to Michigan regimenté and batteries, or coinpanit's in the military service of this State, or of the Uuitcd'States, or volunleer soldiers, residents of Michigan, belonging to regimenté, batteries or eompanies. present on the day of election, from ottier States, inuluding officers and their staffs, surgeons, and assistant sur eone, ehaplains and commissioners appointt'd under his act.sliall, f possessed nf the qualifications set 'orth in section 1 of this act, be eutitled lo the provisions thereof. Sec 3 Enen elector voting by virueofthe provisions of this act, shall Inive the riglit to vote for the saine officers, and no ot.hers, that he might luw fully have voted for in the township or waid in which he resided at the time of ■ nteririg the military service. Sec. 4. The elections undpr this act shall be held on the same day that is provided for by title 3', chapter (5, of the Compiled Laws for similar elections within this State Skc. 5. Tlx: provisions of ehapter fi, title 3, of the Cmnpiled Laws, so far as iipplicable, and not qnalified by tho provisions of !his act, sliall be ipplied to all elections held under and by virtae of this act. Sec. 6. The Governor of this State is hereby charged with the duty of sreing that. this act shall be properly executed and carried out, and for that purpose is nuthorized and required to tabe sucb steps, from time to time, as may bo neeessary, not inconsistent with law or this act. Sec. 7. At the elections herein provided for, a poll shall be opened at eve ry pluce, whe her within or without the State, where a regiment, battalion, bat tery or company of Michigan soldiers may be found or stationed ; and at such election all persons maj vote who are thereto entitled by law and by the pro visious of this act. Sec 8. Anr company or detached port ion of a regiment, or companies, if not practicable for all to vote together, may open a separate poli; and the elec tors present shall choose from their uumber three Inspectora of Election Irom the qualified electors present, whose duty it shall be to act. Sec. 9. The Inspectora of Electiou Bhall appoiut the clerks of the election. Sec. 10. Bcfore opening tho polls, of the inspectora uid clerks shall take the folli'wing oath : "I do solemnly swear that I will support the Uonstitution of the United States and the Constitution of the State of Michigan, and that I will impartiully, and to the best of my knowledge and ability, perform the duties of inspector, or clerk of this election, and will studiously endeavor to prevent fraud, deceit and abuee in conducting the same." Sec. 11. Eaoh commissioner nnd inspector of election is empowered to administer oaths, and the inspectora of oleo tion may admiuister the oath to each other. The oaths of the inspectors and clerks shall be entered in the poll books, íubscribed by the persona taking the samo, and certitied to by the commisioner or inspector of election adminis tering it, Sec. 12. The polls shall be op ned it sun-rise, or as soon tliereafter as prac ticable, and shall remnin open at least three hours ; and if necessary, iu the opinión of the inspector, in order to re■:eive the ballots of all the eleotors, they may keep tho polls open until five o'clock P. M., and no lotger. Proclamation thereof shall be made at or before the Dpening of the polls, aod one hour before ?]omng tbftn. Skc. 13. The inspectora shall pre pare boxes, or other suitable reoeptaclea for the b.illots k Sec. 14. Tlie ballots to bo vo'ed at ? the elec ion held under this act shall have printcd or written at the top of each bal'ot, the name of ihe county and town, or city and ward, in which tho person offering to vote is a voter. Each ballot, in addition to the name of the county and town, or city and ward, cháll have written or printed, or purtly writ3' ten and printed, on it the names and denignation of office, of the officers which may properly be voted for. The ballot slüill be folded (if folded at all) 80 as to show on the outsido the name of the county and town, or city and ward ; and the iuspcctors shull refuse to receive any ballot which does not thus show the name of the county and town, or city and ward. Thé ballot thus prepared shall be on one piece of paper, and all tbe ballots shtdl be deposited in one box And it ii the duty of the inspectora of ihe election to bo satisfied that the person offering to vote is a legal voter of the town or ward which is shown at the top of the ballot. In canvnssing the votes thus cast, the inspeotois shall reject all votes cast for any officer of a district, (whether Congressionitl, Senatorial, or otherwise.) not composed in part of the town or ward named at the ' head of the ballot. Where an officer is eleoted from a district, the ballot shull e specify the number of tho district. Sec. 15. The inspectora of the elecj tion are required, unless they have been furnished therewith by ,the coniinissioners, to prepare and have present at the polls, two poll books, having esch of them a sufficient column for 'the names, and county and town, or city and ward of the residence of the voters, and a column for the numner of the regiment and company, and sufficient blank leaves fur the oiiths, certiticates, and returns. - Said books may be substantially in the following fonn : ...... „„ _„TKR BBilDSXCli OF SU. OF KKnlJIKNT i"1Mt 0F '0TUiVciTKS. AND m.MP.INY. John Doe, C;u-inel, Eaton 6'h Keüinieiit In Count) , ianirv , Co 11. Richard Roe, Lee. lallioun 6'h Renimem In County, fantry.Co K. James JacKson, First Ward. I)e 4ih Kegiruontln truit, ln'ry, Co A. At the time of voting theelector must dclare his name, and the niitne ot the county and town, or city and ward, in which he resided at the time of h's en tering the military service, and also the number ot tho regiment, and company to which he belong.-, and these mut be written down by the clerk on the poll books, as above shown Each clerk shall keep a poll liook, so that there may be a doublé list of voters. The electora shall dehver their ballots to one of the iuspec tors, who shull deposil them in the bal lot box ; but no elector shall vote at the same dection at two different polls, and for no officers except sueh as are provi ded fur by 6eotion three, and the other provisions of this iet. Sec, 16. Any person offeringr to vote, may be challenged, as unqualified, by either of the inspectors. or by ;my person who is an elector in this State ; and it is the duty ol eaeh of tho inspectora to challenge any person offering to vote whom he knows, or suspucts not to be duly qualifiud. Sec. 17. When any person is so challenged, the inspectors shull read or ex plain to htm sectiotis one, two and threo of this act, and may examine him an to his qualifications, an'l if the person insists that he is qualified to voto ind the challenge is not vvithdi-Hwn. one of the inspectora shall teuJer to him -uch one of the following oaths as he may claim the grounds of his qualificatious to vote : You do solemuly swear [or affirni] that you are twen ty one years of age, that you are a citizen of the United States, that you have been a resident of the State of iMichigau three months and of the township of , in the county of , or ward of the city of in said State ten days uext preceeding this day, that you have not voted at this electiou ind that you are a registered voter of' said town or ward ; or 2d. You do solemnly swear [or affirm] that you are twonty one years of age, that you resided in the State of Michigan on the 25th day of June 1835, that you have been a resident uf the State of Michigan three months, and of the township of , in the county of . or ward of the city of in siiid State, ten days next preceding this day, that you have not voted at this election, and that you aro a registered voter of said township or ward ; or 3(1. You do solemnly swcar [or af firm] that you aro twenty-one years of age, tl'at you were a resident of the State of Michigan on the lst day of January, 1850, that you have declared your intention to become a citizen of' the United States pursuant to the laws thereof, &ÜÉ montbs preceding this election, that you have resided in said Sta'o, three moutns, and iu the township of i in tho county of or ward . of the city of in suid State, ton days next preceding this day, that you have not voted at this eloction and tluit you are a registered elector of said township or ward ; or 4th. You do solemnly s"cir [or af firm] thttt you are twonty one years of age, that vou have resided in tho State ol Michigan two years and six months, thiit you have d8clm;d your intention to beco-ne a citizen of the United States pursunnt to the laws thereof, ix months preceding this elcction, that you have been a resident of tho State of Mic-hignii thrcê montha and of the township of in ootinty or in wnrd of the city of in said State ten days preced ng this diiy, and that you have not voted at this election and ■ ynu. are a rogistered votcr of said town ship or ward ; or 5th. You do solemnly swcar [or affirm] $3 rij are vty-lfte ?rt Sf er. tbat you are a civilized inhabitant of Iniiian deseent and not a member of any tribo, that }rou havo boen a resident of the State of Michigan three months and of the township of in coanty or in the ward of the city of in said State ten days next preceding this day, that. you huve Dot voted at tliia eleetion, and that you are a registered votor of said townsbip or ward. And if he take either of such oaths his vote shall be received. But f said person shall thorein gwear falsely, upon oonviction thereof, in the eounty wherc such person claims the right Eo vote, he shall bo liablo to the pain and penalties of perjury. Sec. 18. When the poll is closed, the inspeotors shall immediately proceed to canvass and ascertain the result. Seo. 19. Tbc canvass shall be public, and shall commence by a comparison of the poll lists from the beginning, and a correction of any error which may be found therein, they shall be found or made to agreer If two or more ballots are fouud so folded together as to present the appearance of a single bal lot, and to convince the inspectors tbat they were cast as one, they shall not be counted, bui they shall have the words "rejected as diuble," written upon them, be folded togetber again and kept as herein directed. Sec. 20. If at any stage of the canvass a ballot not stuting for what office tl e person therein nnmed is voted for, is found in the box, when offioers of ditterent kinds aro to bo elected, it is to be rejected. Sec. 21. If a ballot bo found containing the name of more persons for one office than can be elected to that office, and suuh ballot form an escess above the nuniber of votes, it shall be rejected as to that office, (the cause of rejectiou being endorsed thereon,) and disposod nf as hereitiafter directed, and if it does not form such exoess, so many of the names, first in order, as are required shall be counted. Seo. 22. As a check in coutiting, each clerk sliull krep a tally list. Skc 23. A return in writing shiill be made in each poll book, setting forti) ÍD words at leng'h the whole number of ballots cast for such offieer, (except tbnae rejected,) the name of cach person voted for, and the number of votes given to each person for each different office, which return shall be certified as correct, signed by the inspectora, and attested by the clerks. Such return shall be substütitially as follows: At an election held by the electors of regiment of of Michigan Infantry, (cavalry, artillen , or bat.terv, iis the case may be,) or by company of nfegiiarDtof Michigan at (describiug the place,) there were ballots uast for the office of Grovernor of the State, nf which A. 1Í. had - votes and 0. 1). had v tes. For State Treapurer votes were cast, of which E F. h-d votes and G. H had votes. And the same retiros shall be made of the votes cast for each and every other State officcr For Cangreja, in the first Congressional District votes were oast, of which N. O. had votes, P. G. had votes For Congress in the second Oongressional District votes were cast, of which R, S. had votes, T W. had votes, (and so on, giving the result as to cach of the (Jon gressional dis'ricts.) giving in each case the number of district And in making the returns :is to Congress, Judges, Bei ators and Representativos ín Legislat'ire. and all o! her officers elected by districts, the returns shall specify the number of the district as in the form above giveu; and for eounty officers the name of the eounty in each iiü-tance shall be specifk'd I in the return. At the end of the return I the inspectors shall certify in substance as follows, giving, if officers, their rank :md number of their regiment and compauy, viz : L. M., } Inspetlors A true return. N. O , of P. A.. ) Election. Attest : T AI ' Vlerk of Election. Skc. 24 One of the poll books con tainiiig suoh return shall be niailed by the inspectora to the Secretary of S'.ate; mother poll book with its return shall be enveloped, sealed, supersct'ibed and delivered to one of the inspoctors of election, who shall deliver tho same to one of the cornmissioners hjrein provided for, if sucB coinmissioner calis for the saine in ten days, and such conimissi'oner shall transmit the saine to the Secrotary of State. If uot so called for, the inspector shall transmit the same, bv mail or other safe mode as practicable, to the Secretary of Sti.te of this State, addressed to hiin at Lausiug. Sec. 25. When the result of the election is agcertaiued, the inspeotors shall cause all the ballots, including thosc rej cted, w'th the tally list, to be preser ved, and be delivercd to the j er, or tratiMuitted to the Sfurotary of State, wi:h the poll books, all of wiiicli Bhall bo preserved in his office. Skc 26. The votes of all electious held under this act, shall bo canvassud by the Board o! for (he State, in the manner, as near as practicable, previded for injpUapter 35J title thrce, compiled laws of 1857 Skc 27. Where an eleo'ion is held under this act, for micIi officert as the eounty alone eleets, or for such aw are nni. cHiivassyd by tho Board of' Stato CunvHssers, the eounty or district vass shall not be olsed nor the result deoliired, uutil the Stato caevassers havo act.ed, and the eounty eanvassers hnve had trausniitted to thuui, an abstract of the State canvnss. as to suoh officers. It is hereby made tho duiy of tho Board of State Can";issers to transmit such an dehty If there is none such to trans init, the county or di-trict cauvassers shall theü declare the result; and the county or district canvassers, after cauvassing the votos cast in the eou'ity or district, in llie manner prnvided by luw, shall adjourn said canvass for sueh a time or times, not exceeding forty daye as will enabln tbem to receive the result of tlie State canvnsg, or aseertain tliat thero ia no return to be made by the State canvassers to the counfy. When the abstract shall have been recteived by the county or district canvassers, from the Board of State Canvassers, it bsH be the duty of the-' county or district canvassers to canvass and correct the same, before dechtriug the result of the election. Snu. 28. The returns of the inspector to tho State Canvassers shull be pro sutned correct, and sball govern them accordingly. But in case the ballots have been returned to the State Canvassers, then any pirson mterested in the eleetiou may require tho ballots to be recunva.ssed by the State Cunvassers; if the latter are satisfied that there is a mistake iu the returns, they shall rectify tbe s:nne. Sec. 29. That for the pupose of carrying out this act, it is herebv made the duty of the of the State, to appbint and commission under the senl of the State, one comniissioner having the qualifioations of :tn elector of this State, to each división of the army containg one or more regiments of Michi gan volunteers in tho servioe of the (Jnited States, or of this State, and he shall apportion the work atnong the com inissioners If any of thcm refuse or neglect to act, or become unable to act, the Goyernor shall have the power, and it is hts duty to supply the place of such by the appointmcut of unothur and other commissioners Such commisioners, be fore they act, shall take ind subscribe an oíth before some persou authorized to admiüistcr oaths, and ciiuse the sanie to be filed vith the Secretary of State to the following effect : "I, (name,) appointed a coinmissioner under the act of the people of the Sate of Michigan, entitled " an act to enable the quul fiVd electors of this State in the military ser vioc, to vote at oertaiii elections, and to amend sections 45 and 61, of chapter six of the compiled laws," do solemuly swear that I will support the Constitu tiun of the United State, and of this istute, and impartially, fu tl y, and witb out referenoe to political prefcrences or results, perform, to the best of my ability the du'.ies imposed upon rao by th said ie', and that I will tudiously endeavor to prevent fraud, deceit, and abuse, not only in the election held under the sanie but in the returns tbereof, and that I will not in any manner attempt to influence or control the vote of ary soldier." The SecreUry of Stateshall have charge of, aud it is made his duty to have a suffioient number nf poll books, blank forms of oaths, and certificates and in strucüons, and eoptes of this act, prepared and priuted at the expense of the State, and to send or doliver the reqáibite numner of each to the commissione:s appoioted under this act. Sec. ÜO The provisions of chapter 188, of the compiled laws of 1857, eutitled, of offences aginst electiyu laws, are hereby declared applioablo to the elections held unde this act, aud to the voters, inspeetors and commissioners. - And t is hereby further provided, that in addition to the penalties provided in said chiipter 188, any coinmiLsioner appointed by or under this act, who shall willfully and knowingly viólate his duty or willfully and knowingly omit or fail ti) do his duty under this iet, or shall vio late any part of his oath, shall be Hable to a criminal proseoution in the cuuuty in wbioh ho is a resident, and upon conviction shall be punished by a fine nt;t exceeding one thousand dollars, of by iuiprisoument in the State Prison, at hard labor, net exoeeding one year, in the discretion of the court. Sec. 31. It shall be the duty of such comm ssioners to deliver tis far as prac ticable, two of said books aud five or more pantcd copies of this act to the oonamtiiiding officers of each regiment or parts ot regiments, or detached company or battery of Michigan soldiers iu the actual militarv service of the United State-;, or of this State, and to make 6uitablo arrangements for the opening of polls under this act It is also thu dutv of said cmuniissioners, as soon as practicable after the day of electiou, to cali upon the inspectors of eloction and procure oue poll book and the ballots and safely to ncserve the same, not only fVom loss. but from alteration and deliver the same, without delay, to the Secretary of State. Sec. Said commissioners shall receive, in full compensation for theii' services and expenses under this act, ten cents per niilo, in goiug to and returning from their respective regiments, estimalinír tlie d stance of travel from the capital of the State, by tho usually traveled route; and it shall bo the duty of the State Board of Auditors to nudit the sume, and the Auditor Geueral shall draw warrauts ou tho Statu Treasurer tli en for. Sec. 33. No mere iufoimality ie the manner of canying out or exi'cuting auy of the provisions of this act, shall invali date any electiou held uuder. the game, or authorizu the inspeotors of the lection, or the State or county canvassers, to rcject tho returns, or set the same aside; nor shall any Cailure on the part of the commibsioner to reaoh, or visit ;uiy regum'tit or ooiupuuy, or the failure of any regiment or company to vote, ia valídate the election 34. On compliiint marie to the Governor, that any offieer appoinied by Ihe authority of this State, haskuowing !y and willfully delayed, or prevented i the ïiKJUtifto fff tlfê provi$iotd' ó'f (lijf act. or lias used his authority to influence i or control the vote of any soldier or soldiers in his oomraand, tl: e Goveruor shall proceed suuimarily to inquire int.o the facts-nd circumstanees, as ho sliall deern advisable; and if, in his opinión, the charge in the eoinpUint is well fnundi ed, he sliall at once dismiss such officer , from the service ; or in easo the officer i has been mustered in the United Si ates service, the Governor shall recommend his dismissal to the proper department Sko. 35. It is hereby further enac tod, that section 45, of ehapter G, of the Oompiled Laws, be so aiuended as to re:id as follqws, viz : Skc. 45. On the day appnintod for sucb canvass, if a mnjoriiy of the canvassers sha-U uot attend. or if all the staten. ents of vetes shall not be produced, or if thero .shall be any material defect in the statement reeeived, the canvassers l ben present shall adjourn the county canvass for such time, (not exceeding forty day,) and so often as shall be necess:iry to enable thetu to receive statements of all the votes cast at the election, in the manner provided by law ; but the inspectora froin the several Senatorial or Representativo Districts, if there shall be mot'e titan one of such dis tricts in such county, may proeeed, with their Secretary, to canvass the votos of their respective distriets. as far as can be dono before the couuty canvass. Sec. 36. Section 01, f chapter 6 of the Coiupiled Laws, be and the sanie is hereby so amended as to read as follows, viz : Sec. Cl. The Board shall meet, in the District for the election of liopresentative in the Stalo Legislatura, on the Tuesday next after the d;iy ii: wliich the county canvass ie appointed tii be made, and in dislricts for tho election of Senators, on the secotid Tuesday after the county canvass. at the office of the clerk of the cuunty in sucfi district tiaviny the greatest niimber óf inhabitants, accoi j ding to the last. preceding census, unlesr otherwise provided by law ; and such Bo'ird shall have the pow.-r, and it shall ! be their duty to adjourn said canvass, foi j such time, (no exeeeding forty d:iys) and so often as shall be neces-ary to enable them to receive statements of all j the votes cast at tha election, iu the manner provided by law. Heo. 37. The several Boards of In speotors of Election, ereu'ed by this act, bliall constitufe a Board of Registratlön, and shall open books of registration at. their several poll.,, and register K ters in pursuance of, and in the manntr, and under the restfictions of section 14, of act No. 2 77, of the session laws of 18c9, ent tled ■' an act furiher to preserve the purity of electionn, aud guard agaitist the abuse of the elective franchise, by a registration of electors," and the said books of registration shal! be rcturned to the Secretury of State, at the Mame time the votes are returned, and 'he Secretary of State shall transmit copies j of such book. of registration to the several county clerk.", so far as the s-ime relate to the several counties, réspectiVély ; and the said county ch'rks are required to file and preserve the saine, aud Ihe said county clerks shall trünsti:i copies of so n.uch of the same as rel ites to the several towhsuips and eities of his couuty, respectiva Iv, to the several township or city clerks of his county, aml the said townshif or city clerus sball enter the saine in ihe proper places in the reg istiatiou books of their respective town ships or wards Sec 38 This act shall continue in i forco durins; the present war and no ] per, and all privileges and rights licreby j granted shall oease aud deteruiiue upon tho passage of a law or reS'lut.ioü by Congress, or tliH issuiug of a Proclamatii'n by tin1 President of the U:itt-d j States doc'aring the restoratiou of Peace. Approved, Feb. 5th, 1864.


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