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brought before it. The said board shall thereupon, in some Recount. public place where the interested candidates and their counsel may be present, if they so desire, proceed forthwith to open the ballot boxes from such townships or wards and to make a recount thereof as to such candidates, and make a correct and complete return in writing showing the full number of votes cast and the names of the candidates and the number of the votes given to each. When the recount of each box is Care of

ballots, etc. completed the said board shall at once return the ballots thereto, carefully lock and seal same, and deliver the ballot boxes to the officer having the care and custody thereof. The returns made by the said board of canvassers upon such recount shall be deemed to be correct, anything in the previous return from such township, ward or precinct, to the contrary notwithstanding. In all cases where, by reason of such recount, When fraud, the petitioner succeeds in establishing fraud or mistake suf- eithe estabficient to change the result, the money deposited by him shall be refunded; otherwise it shall be turned into the treasury of the State, county or city, as the case may be. If two or Tie, vote. more candidates of the same political party are tied for the same office, the tie shall be determined by lot to be cast then and there as the canvassing board may direct.

SEC. 42. The several boards of election commissioners Printing of shall cause to be printed upon the official election ballots to ballots. be used at the November election, or at the city election, as the case may be, the names of the candidates for offices selected under the provisions of this act: Provided, That Proviso as to when any candidate shall die or shall withdraw as such can- withdrawal didate before the printing of the ballots, after having been of candidate. nominated as herein provided, then the proper board of election commissioners shall cause to be printed or placed upon such ballot in place of the name of such candidate, the name of the candidate which shall be selected by the proper party committee as shown by the certificate of its chairman and secretary, in the manner provided for in the general election law. When such death or withdrawal shall occur sub- Subsequent to sequent to the printing of the official ballots, it shall be the printing of duty of the said board of election commissioners, if time permits, to forward the various boards of election inspectors a slip containing the name of the candidate so certified by the chairman and secretary of the particular political party in the manner herein provided, which slip shall be pasted in the proper place upon the official ballot by the board of election inspectors. If in any case a person is nominated for any Nomination

of person by office by more than one political party, it shall be his duty to elect within five days after the official canvass of the returns one party. of said primary election upon which ticket he wishes his name to appear, and unless such election is made such candidate's name shall not be printed on any ballot: Provided, Proviso as to That the candidates for city, county or district offices of a by convention. political party whose enrolled voters have not adopted the provisions of act one hundred eighty-one of the public acts

more than

of nineteen hundred five or the provisions of this act, shall be nominated in convention and the names of such candidates certified to the proper board of election commissioners and placed upon the official election ballots in the manner provided

for by existing law. County con

SEC. 43. The county conventions of all political parties vention, date for the election of delegates to a State convention for the

nomination of State officers, and for the nomination of delegates to district conventions, and for the nomination of candidates for county offices, shall be held within fifteen days

after the first Tuesday in September preceding the November To be held election. All such county conventions of any one political on same day. party shall be held on the same day throughout the State,

which day shall be designated by the State Central Committee of such political party in its call for the State convention to nominate candidates for State officers. The time and place of meeting of such county convention shall be designated in

the call issued therefor by the respective county committees Delegates, of such political party. The number of delegates to which choice of.

such county is entitled either at the State convention or at

any district convention of which the county constitutes a part, District shall be chosen at such county convention. The day upon which conventions.

any district convention is to be held shall be designated in

the call issued by the respective district committees of such Candidates for political party. If candidates of such political party for county offices. county offices are not selected by a direct nominating system,

candidates for county offices shall also be selected at such

county convention. State con- SEC. 44. The State convention of all political parties for ventions, date of.

the nomination of candidates for State officers shall be held
within forty days after the September primary, but not less
than ten days after the day appointed for the meeting of the
Board of State Canvassers for the purpose of canvassing the
primary election returns mentioned in this act.
ticular day and the time and place of meeting shall be
designated by the State central committees of the various
political parties in the calls for said State conventions, which
calls shall be issued at least thirty days prior to the first

Tuesday in September preceding a November election. Cities, adop- Sec. 45. Whenever the enrolled voters of any political tion of 1 system in.

party in any city shall decide to select party candidates, except candidates for ward offices, pursuant to the provisions of this act, the petitions for submission of the question, the submission of the question itself, the nomination of candidates, the printing of ballots, the conducting of the primary, and any other provisions for city nominations shall be governed, in so far.as applicable, by the provisions of this act relative to the

nomination of party candidates for county or district offices. Misdemeanors, Sec. 46. Every person who, directly or indirectly, by himwhat, deemed.

self or by any other person in his behalf, gives, lends, or agrees to give or lend, or offers, or promises any money or valuable consideration, or promises or endeavors to procure

The par

any money, or valuable consideration or office, place or
employment, to or for any voter, or to or for any person on be-
half of any voter, or to or for any person in order to induce
any voter to vote or refrain from voting or opposing any
candidate on account of such voter having voted or refrained
from voting at any primary election in this State; every
person, who through any means, receives, agrees or contracts
for any money, gift, fee, loan or valuable consideration, office,
place, appointment or employment for himself or any other
person, for voting or agreeing to vote, or for refraining or
agreeing to refrain from voting in a particular manner at
any such primary election; or who after any primary election
in this State, directly or indirectly by himself or by any
other person in his behalf, gives or receives any money or
valuable consideration or place, position or employment on
account of any person having voted or refrained from yoting,
or having induced any other person to vote or refrain from
voting at any such primary election; or who in behalf of any
firm, partnership, association or corporation, gives, lends or
receives, or agrees to give, lend or receive, or offers or
promises any money or valuable consideration, place, position
or employment, or promises or endeavors to procure any
money or valuable consideration, in order to aid or promote
the nomination of any particular candidate; or any State
officer, whether elective or appointive, or appointee of any
State officer, or any member or employee of any State board
or any State employee who, directly or indirectly, circulates
any petition herein provided for in the interest of any candi-
date or candidates except for himself; or any State officer,
whether elective or appointive, or appointee of any State
officer, or any member or employee of any State board, or
any State employee who, directly or indirectly, solicits votes
for any candidate for Governor, Lieutenant Governor or
United States Senator, on primary election day or any time
prior thereto, shall be deemed guilty of a misdemeanor, and Penalty.
upon conviction thereof shall be punished by a fine not ex-
ceeding five hundred dollars or by imprisonment for a period
of not less than thirty days nor more than six months, or by
both such fine and imprisonment, in the discretion of the
court.

Sec. 47. Any person who shall, while the polls are open, at Soliciting any polling place on any primary day, solicit votes in the polling place, said polling place, or within one hundred feet thereof; any etc. person who shall offer or give to any other person any intoxicating liquors, or drink any intoxicating liquors within any such polling place; any person who shall violate any of the requirements or provisions of this act for which a penalty is not herein otherwise provided ; any person who shall refuse or neglect to perform any duty enjoined upon him thereby; and any person who shall vote or attempt to vote more than once, or in more than one election district at the same primary election, shall be guilty of a misdemeanor and upon

Commencement of

to furnish.

conviction thereof shall be subject to the punishment pre

scribed in section forty-six. Non-perform- SEC. 48. When by this act any act or duty is required to ance of duties, be done or performed by or under the direction, supervision

or authority of any officer, and such act or duty shall not be done or performed, then the officer who shall neglect to perform such act or duty, or who shall be responsible for such neglect, shall be guilty of a misdemeanor and shall be punished as provided in section forty-six.

SEC. 49. No prosecution for any offense mentioned in this prosecutions. act shall be maintained unless it shall be commenced within

six months after the date of the primary election in connection

with which the offense is alleged to have been committed. Liability of Neither the complaining witness, nor any other person who witnesses.

may be called to testify in any such proceeding, shall be liable to criminal prosecution under this act for any matters or causes in respect to which he shall be examined or to which his testimony shall relate, except to prosecution for perjury

committed in such testimony. Posters,

SEC. 50. It shall be the duty of the county clerk of each county clerk

county to cause to be printed large posters containing verbatim the whole of sections forty-six, forty-seven and fortyeight of this act, and shall furnish two of such posters to the board of primary election inspectors of each election precinct in his county at the same time that the official ballots for use at primary elections are delivered, and the board of primary election inspectors shall cause the said posters to be posted in conspicuous places in the polling place so that the

same can be plainly seen and read by all persons at any City,, village primary election. It shall be the duty of the clerk of any clerks, duty city, township or village in which this act is operative to

deliver to the board of primary election inspectors of each elec. tion precinct within his jurisdiction, before the time for opening of the polls on primary election day, the register of electors and the party enrollment book and the blanks for poll lists and returns and any other supplies necessary to carry

out the provisions of this act. Liquors, sale SEC. 51. The day on which any primary election shall be of, on primary days. held pursuant to the provisions of this act, shall be deemed

to be an election day in any city, county or district where such primary election is held within the meaning of section seventeen of act number three hundred thirteen of the public acts of eighteen hundred eighty-seven, entitled "An act to provide for the taxation and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spirituous and intoxicating liquors, and malt, brewed or fermented liquors, and vinous liquors in this State, and to repeal all acts and parts of acts inconsistent with the

provisions of this act." Act repealed. Sec. 52. Act number one hundred eighty-one of the public

acts of nineteen hundred five, entitled "An act relative to the nomination of party candidates for public office and delegates

of.

to political conventions, in certain cases, to regulate and protect primary elections, and to prescribe penalties for violations of the provisions hereof,” is hereby repealed, except that the enrollment of voters had thereunder shall continue in force as herein provided.

Approved October 24, 1907.

[No. 5.]

AN ACT to repeal section twenty-five and to amend sections

ten, twenty-seven, fifty-three and fifty-eight of act number two hundred four of the public acts of nineteen hundred one, as amended by act number one hundred eleven of the. public acts of nineteen hundred five, entitled “An act to increase the efficiency of the military establishment of the State of Michigan and to repeal all former acts or parts of acts inconsistent with the provisions of this act."

The People of the State of Michigan enact:

.

what to

SECTION 1. Section twenty-five of act number two hundred Sections four of the public acts of nineteen hundred one as amended repealed and by act number one hundred eleven of the public acts of nineteen hundred five, entitled "An act to increase the efficiency of the military establishment of the State of Michigan, and to repeal all former acts or parts of acts inconsistent with the provisions of this act,” is hereby repealed, and sections ten, twenty-seven, fifty-three and fifty-eight of said act are hereby amended to read as follows:

SEC. 10. Each regiment of infantry shall consist of the Regiments same number of battalions and companies, of officers, non

of infantry, commissioned officers and musicians as shall be prescribed consist of. from time to time for like organizations in the United States army, as near as may be, subject to the rules and regulations prescribed by the State Military Board. The organization, National armament and discipline of the Michigan National Guard guard; how

organized, etc. shall be the same as that which is now, or may hereafter be prescribed for the regular and volunteer armies of the United States; and the Governor may, by proper order, perfect such organization, armament and discipline, at any time, so as to comply with the laws, rules and regulations that may be prescribed for the regular and volunteer armies of the United States. The term of enlistment in the Michigan National Term of Guard shall be for three years, and company officers, except

enlistment. when elected to fill a vacancy, shall be commissioned for a term of three years and until their successors shall be commissioned.

Sec. 27. For the purpose of providing the necessary ex- “State milipenses to carry out the provisions of this act, it shall be the tary fund,” duty of the Auditor General, at the time of apportinning the etc.

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