NOTE OF EXPLANATION. The compiler's sections are in parentheses: (). The chapter sections are indicated thus: SEC. The number of each Act, the year it was passed, and the page where it will be found are placed in brackets, thus: [ ], following the title of each act. Amendments are indicated by foot notes. The Index applies to compiler's sections. ELECTION LAWS. I. CONSTITUTIONAL PROVISIONS RELATING TO ELECTIONS. ARTICLE IV.-LEGISLATIVE DEPARTMENT. Legislative power, how vested. (1.) SECTION 1. The legislative power is vested in a senate and 4 Selden, 483; house of representatives. 3 Mich. 330, 343. (2.) SEC. 2. The senate shall consist of thirty-two members. Senate. Senators shall be elected for two years, and by single districts. Such districts shall be numbered from one to thirty-two inclusive; each of which shall choose one senator. No county shall be divided in the formation of senate districts, except such county shall be equitably entitled to two or more senators. sentatives. (3.) SEC. 3. The house of representatives shall consist of not House of repreless than sixty-four, nor more than one hundred members. Rep- Representsresentatives shall be chosen for two years, and by single districts. tives. Each representative district shall contain, as nearly as may be, an Representative equal number of inhabitants, exclusive of persons of Indian descent districts. who are not civilized, or are members of any tribe, and shall consist of convenient and contiguous territory. But no township or city shall be divided in the formation of a representative district. When any township or city shall contain a population which entitles it to more than one, representative, then such township or city shall elect, by general ticket, the number of representatives to which it is entitled. Each county hereafter organized, with such territory as may be attached thereto, shall be entitled to a separate representative when it has attained a population equal to a moiety of the ratio of representation. In every county entitled to more than one representative, the board of supervisors shall assemble at such time and place as the legislature shall prescribe, and divide the same into representative districts, equal to the number of representatives to which such county is entitled by law, and shall cause to be filed in the offices of the secretary of state and clerk of such county, a description of such representative districts, specifying the number of each district, and population thereof, according to the last preceding enumeration.' 1 Amendment agreed to by the Legislature of 1869, approved by the people in 1870. Enumeration of inhabitants. representa tives. (4.) SEC. 4. The legislature shall provide by law for an enumeration of the inhabitants in the year eighteen hundred and fiftyApportionment four, and every ten years thereafter; and at the first session after of senators and each enumeration so made, and also at the first session after each enumeration by the authority of the United States, the legislature shall reärrange the senate districts, and apportion anew the representatives among the counties and districts, according to the number of inhabitants exclusive of persons of Indian descent who are not civilized, or are members of any tribe. Each apportionment, and the division into representative districts by any board of supervisors, shall remain unaltered until the return of another enumeration.1 Senators and representa (5.) SEC. 5. Senators and representatives shall be citizens of the tives to be citi. United States, and qualified electors in the respective counties and districts which they represent. A removal from their respective counties or districts shall be deemed a vacation of their office. zens. Office vacated by removal. Certain officers seat in the legis lature. (6.) SEC. 6. No person holding any office under the United Ineligible to a States [or this state]'or any county office, except notaries public, officers of the militia, and officers elected by townships, shall be eligible to or have a seat in either house of the legislature, and all votes given for any such person shall be void. Elections by the legislature. (7.) SEC. 11. In all elections by either house, or in joint convenYeas and nays. tion, the votes shall be given viva voce. All votes on nominations to the senate shall be taken by yeas and nays, and published with the journal of its proceedings. Election of sen sentatives. (8.) SEC. 34. The election of senators and representatives purators and repre- suant to the provisions of this constitution, shall be held on the Tuesday succeeding the first Monday of November, in the year one thousand eight hundred and fifty-two, and on the Tuesday succeeding the first Monday of November of every second year thereafter. Vacancies. Rights of opinion. Governor and lieutenant governor. Eligibility to office of, (9.) SEC. 37. The legislature may declare the cases in which any office shall be deemed vacant, and also the manner of filling the vacancy, where no provision is made for that purpose in this constitution. (10.) SEC. 41. The legislature shall not diminish or enlarge the civil or political rights, privileges and capacities of any person on account of his opinion or belief concerning matters of religion. ARTICLE V.-EXECUTIVE DEPARTMENT. (11). SECTION 1. The executive power is vested in a governor, who shall hold his office for two years. A lieutenant governor shall be chosen for the same term. (12.) SEC. 2. No person shall be eligible to the office of governor or lieutenant governor who has not been five years a citizen of the United States, and a resident of this state two years next preceding 'Amendment agreed to by the Legislature of 1869, approved by the people in 1870. The words in brackets are not in the engrossed copy of the constitution, although they are a part of the text as passed by the convention of 1850. In contested elections before the legislature under this section, the words "or this state" have been treated as no part of the constitution. P his election; nor shall any person be eligible to either office who has not attained the age of thirty years. elected. (13.) SEC. 3. The governor and lieutenant governor shall be when and how elected at the times and places of choosing the members of the legislature. The person having the highest number of votes for governor or lieutenant governor shall be elected. In case two or more persons shall have an equal and the highest number of votes for governor or lieutenant governor, the legislature shall, by joint vote, choose one of such persons. tion. (14.) SEC. 10. He shall issue writs of election to fill such writs of elecvacancies as occur in the senate or house of representatives. to office of gov. ernor. (15.) SEC. 15. No member of congress, nor any person holding United States office under the United States, or this state, shall execute the office officer ineligible of governor. (16.) SEC. 16. No person elected governor or lieutenant gov- Governor, etc., ernor shall be eligible to any office or appointment from the legis lature, or either house thereof, during the time for which he was from legisla elected. All votes for either of them, for any such office, shall be void. not to receive appointment ture. ARTICLE VI.-JUDICIAL DEPARTMENT. (17.) SECTION 1. The judicial power is vested in one supreme Judicial power. court, in circuit courts, in probate courts, and in justices of the peace. Municipal courts of civil and criminal jurisdiction may be established by the legislature in cities. Laws of 1867, (18.) SEC. 2. For the term of six years, and thereafter, until Supreme court. the legislature otherwise provide, the judges of the several circuit p. 59. courts shall be judges of the supreme court, four of whom shall constitute a quorum. A concurrence of three shall be necessary to a final decision. After six years the legislature may provide, by law, for the organization of a supreme court, with the jurisdiction and powers prescribed in this constitution, to consist of one chief justice and three associate justices, to be chosen by the electors of the state. Such supreme court, when so organized, shall not be changed or discontinued by the legislature for eight years thereafter. The judges thereof shall be so classified that but one of them shall go out of office at the same time. term of office shall be eight years. Their (19.) SEC. 6. The state shall be divided into judicial circuits in each of which the electors thereof shall elect one circuit judge who shall hold his office for the term of six years and until his successor is elected and qualified. The legislature may provide for the election of more than one circuit judge in the judicial circuit in which the city of Detroit is or may be situated, and the circuit judge or judges of said circuit, in addition to the salary provided by this constitution, shall receive from said county of Wayne such additional salary as may from time to time be fixed and determined by the board of supervisors of said county, and The Governor. Election of judges in new circuits. Judges inelig. ible to other than judicial office. Judges of probate, election of. 9 Mich. 227. Vacancies, how filled. Circuit court 7 Mich. 341. the board of supervisors of each county in the Upper Peninsula is hereby authorized and empowered to give and pay to the circuit judge of the judicial circuit to which such county is attached such additional salary or compensation as may from time to time be fixed and determined by such board of supervisors.1 (20.) SEC. 7. The legislature may alter the limits of circuits, or increase the number of the same. No alteration or increase shall have the effect to remove a judge from office. In every additional circuit established, the judge shall be elected by the electors of such circuit, and his term of office shall continue, as provided in this constitution for judges of the circuit court. (21.) SEC. 9. Each of the judges of the circuit courts shall receive a salary, payable quarterly. They shall be ineligible to any other than a judicial office during the term for which they are elected, and for one year thereafter. All votes for any person elected such judge for any office other than judicial, given either by the legislature or the people, shall be void. (22.) SEC. 13. In each of the counties organized for judicial purposes, there shall be a court of probate. The judge of such court shall be elected by the electors of the county in which he resides, and shall hold his office for four years, and until his successor is elected and qualified. The jurisdiction, powers, and duties of such court shall be prescribed by law. (23.) SEC. 14. When a vacancy occurs in the office of judge of the supreme, circuit, or probate court, it shall be filled by appointment of the governor, which shall continue until a successor is elected and qualified. When elected, such successor shall hold his office the residue of the unexpired term. (24.) SEC. 16. The legislature may provide by law for the eleccommissioners. tion of one or more persons in each organized county, who may be vested with judicial powers, not exceeding those of a judge of the circuit court at chambers. Justices of the of. (25.) SEC. 17. There shall be not exceeding four justices of peace, election the peace in each organized township. They shall be elected by the electors of the township and shall hold their offices for four years, and until their successors are elected and qualified. At the first election in any township they shall be classified as shall be prescribed by law. A justice elected to fill a vacancy shall hold his office for the residue of the unexpired term. The legislature may increase the the number of justices in cities. Circuit judges, when elected. Judges of probate, when elected. (26.) SEC. 20. The first election of judges of the circuit courts shall be held on the first Monday in April, one thousand eight hundred and fifty-one, and every sixth year thereafter. Whenever an additional circuit is created, provision shall be made to hold the subsequent elections of such additional judges at the regular election herein provided. (27.) SEC. 21. The first election of judges of the probate courts shall be held on the Tuesday succeeding the first Monday of 1 As amended by joint resolutions No. 11, Public Acts of 1881, p. 411, and No. 15, Public Acts of 1883, p. 236. Ratified by the people April, 1881, and Nov., 1884. |