DIVISION VIII.

ELECTIONS.

AN ACT in regard to elections, and to provide for filling vacancies in elective offices. [Ap proved April 3, 1872. In force July 1, 1872. L. 1871-2, p. 380, Rev. Stat., ch. 46.]

ELECTORS OF PRESIDENT AND VICE-PRESIDENT OF UNITED STATES.

SECTION.

1. Election.

2.

3.

Returns-Canvass-Tie.

Result published-Certificate sent to person elected.

4. Meeting of electors-Mileage.

5. Vacancies filled.

1. Elections.] § 1. That there shall be elected, by general ticket, on the Tuesday next after the first Monday in November preceding the expiration of the term of office of each president of the United States, as many electors of president and vice-president of the United States as this state may be entitled to elect-which election shall be conducted and returns thereof made as hereinafter provided: Provided, that if congress should hereafter fix a different day for such election, then the election for electors shall be held on such day as shall be named by act of congress.(1)

2. Returns-Canvass-Tie.] § 2. The county clerks of the several counties shall, within eight days next after holding an election for electors of president and vice-president of the United States, as is provided for in this act, make three copies of the abstract of votes for electors, and transmit by mail one of said copies to the governor, another to the office of the secretary of state, and retain the third in his office, to be sent for by the governor in case both the others should be mislaid. Within twenty days after the holding of such election, and sooner if all the returns are received by either the governor or by the secretary of state, the secretary of state, auditor of public accounts and treasurer, or any two of them, shall, in the presence of the governor,

(1) The constitution of the United States, Art. II., Sec. 2, has made the following provision concerning the electors of president and vice-president:

"Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the State may be entitled in the Congress; but no senator or representative, or person holding an office of trust or profit under the United States shall be appointed an elector."

Concerning the meeting of electors of president and vice-president, the Constitution. Art. II, Sec. 4, provides as follows:

"The Congress may determine the time of choosing the electors and the day on which they shall give their votes, which day shall be the same throughout the United States."

Congress, by act of January, 23, 1845, provided that the election for electors of president and vice-president shall be on Tuesday after the first Monday in November, and by act of March 1, 1792, that the day of giving their votes for president and vice-president shall be the first Wednesday in December,

proceed to open and canvass said election returns, and to declare the persons having the highest number of votes elected; but should any two or more persons be returned with an equal and the highest vote, the said secretary of state shall cause a notice of the same to be published, which notice shall name some day and place, not less than five days from the time of the publication of such notice, upon which the said secretary, auditor and treasurer will decide by lot which of said persons so equal and highest is elected. And upon the day and at the place so appointed in said notice, the said secretary, auditor and treasurer, or any two of them, shall, in the presence of the governor, decide by lot which of the persons so equal and highest shall be elected.

3. Result to be published-Certificate sent to person elected.] $3. The governor shall cause the result of said election to be published, and shall transmit by mail, to the persons elected, certificates of their election.

4. Meeting of electors-Mileage.] § 4. The electors, chosen as aforesaid, shall meet at the seat of government of this state, at the time appointed by the laws of the United States, and give their votes in, in the manner therein provided, and perform such duties as are or may be required by law. Each elector shall receive for every twenty miles necessary travel in going to the seat of government to give his vote, and returning to his residence, to be computed by the most usual route, the sum of $3, to be paid on the warrant of the auditor, out of any money in the treasury not otherwise appropriated.

5. Vacancy filled.] § 5. In case any person declared duly elected an elector of president and vice-president of the United States shall fail to attend at the state house, at the seat of government of this state, at or before the hour of twelve o'clock, at noon, of the day on which his vote is required to be given, it shall be the duty of the elector or electors of president and vice-president, attending at the time and place, to appoint a person or persons to fill such vacancy: Provided, that should the person or persons chosen by the people, as aforesaid, arrive at the place aforesaid before the votes for president and vice-president are actually given, the person or persons appointed to fill such vacancy shall not act as elector of president and vice-president.

BECTION.

TIME OF HOLDING ELECTIONS FOR CERTAIN OFFICERS.

6. Representatives in congress.

7. Governor, lieutenant governor, secretary of state, auditor and attorney general.

8. Superintendent of public instruction.

9. State treasurer.

15. Members of the house of representatives. 16. County judges and county clerks.

17. Sheriffs and coroners.

18. Clerks of circuit courts.

19. Clerk of superior court of Cook county. 20. Clerk of criminal court of Cook county.

21. County treasurers.

22. County treasurer ex-officio assessor in counties not under township organization.

23. County surveyors.

24. County superintendent of schools.

25. State's attorneys.

26.

State board of equalization.

27. Recorder of deeds in counties of sixty thousand inhabitants. 28. County commissioners in counties not under township organization.

6. § 6. Representatives in congress shall be elected on Tuesday next after the first Monday in November, in the year of our Lord 1872, and every two years thereafter; but if congress shall fix a different day, then such election shall be held on the day so fixed by congress.

7. 87. The governor, lieutenant governor, secretary of state, auditor of public accounts and attorney general shall be elected on Tuesday next after the first Monday of November, in the year of our Lord 1872, and every four years thereafter. [See Const., art. 5, § 3.

8. 8. The superintendent of public instruction shall be elected on Tuesday next after the first Monday of November, in the year of our Lord 1874, and every four years thereafter. [See Const., art. 5, § 3.

9. 89. The state treasurer shall be elected on Tuesday next after the first Monday of November, in the year of our Lord, 1872, and every two years thereafter. [See Const., art. 5, § 3.

10. § 10. The judges of the supreme court shall hereafter be elected as follows, to-wit: In the first, second, third, sixth and seventh districts on the first Monday of June, in the year of our Lord 1879, and every nine years thereafter. In the fourth district, on the first Monday of June, in the year of our Lord, 1876, and every nine years thereafter. In the fifth district, on the first Monday of June, in the year of our Lord 1873, and every nine years thereafter. [See Const., art. 6, § 6.

11. § 11. A clerk of the supreme court in each grand division shall be elected on Tuesday next after the first Monday of

November, in the year of our Lord, 1872, and every six years thereafter. [See Const., art. 6, § 10.

12. § 12. The judges of the circuit court shall be elected on the first Monday of June, in the year of our Lord, 1873, and every six years thereafter. [See Const., art. 6, § 14.

13. § 13. The judges of the superior court of Cook county shall be elected, as follows: One on Tuesday next after the first Monday of November, in the year of our Lord 1873, and every six years thereafter; one on Tuesday next after the first Monday of November, in the year of our Lord 1875, and every six years thereafter; and one on Tuesday next after the first Monday of November, in the year of our Lord 1877, and every six years thereafter. [As amended by act approved April 11, 1873; in force July 1, 1873. [See Const., art. 6, § 23.

14. § 14. State senators shall be elected as follows, to-wit: Those in districts bearing even numbers shall be elected on Tuesday next after the first Monday of November, in the year of our Lord, 1872, and every four years thereafter. Those in districts bearing odd numbers shall be elected on Tuesday next after the first Monday of November, in the year of our Lord 1872, for the term of two years. And after that they shall be elected on Tuesday next after the first Monday of November, in the year of our Lord, 1874, and every four years thereafter. [See Const., art. 4, § 6.

15. § 15. Members of the house of representatives shall be elected on Tuesday next after the first Monday of November, in the year of our Lord 1872, and every two years thereafter. [See Const., art. 4, § 7, 8.

16. § 16. The county judges and county clerks shall be elected on Tuesday next after the first Monday of November, in the year of our Lord 1873, and every four years thereafter. [See Const.. art. 6, § 18. See Rev. Stat., ch. 37, § 69.*

17. § 17. The sheriffs and coroners shall be elected on Tues day next after the first Monday of November, in the year of our Lord 1872, and every two years thereafter. [See Const., art. 10, § 8. *

18. § 18. The clerks of the circuit court shall be elected on Tuesday next after the first Monday of November, in the year of our Lord 1872, and every four years thereafter. [See Const., art. 10, § 8.

19. § 19. The clerk of the superior court of Cook county shall be elected on Tuesday next after the first Monday of November, in the year of our Lord 1875, and every four years thereafter. [See Const., art. 6, § 27.*

20. § 20. The clerk of the criminal court of Cook county shall

Amended, 1881. See Appendix, p. 481.