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Vacancies in certain state offices, how filed.

An Act prescribing the manner of filling vacancies in c.rtain state offices.

[Act 159, S. L. 1851.]

The People of the State of Michigan enact:

(511) 1172. SECTION 1. That whenever, from any cause, there shall be a vacancy in the office of auditor general, attorney general, secretary of state or state treasurer, superintendent of public instruction, or commissioner of the state land office, the governor shall have power to appoint some suitable person to fill such vacancy, and the person so appointed shall take the same oath of office, and give a bond in the same manner as provided by law for the officer for whose vacancy he shall be so appointed; and such person shall hold such office (unless sooner removed by competent authority) until his successor shall be elected and qualified under the constitution of this state, or until the close of the next session of the legislature.

Boards of supervisors, power of.

Certain officers to give bonds.

Proviso.

DECLARING AND FILLING VACANCIES BY BOARDS OF

SUPERVISORS.

[Extract from Act 156, S. L. 1851.]

(512) § 2484. SEC. 11. The said several boards of supervisors shall have power and they are hereby authorized at any meeting thereof lawfully held:

Fourteenth, To require any county officer whose salary or compensation is paid by the county, to make a report under oath to them on any subject or matters connected with the duties of his office, and to require such officers to give bonds or further or additional bonds, as shall be reasonable or necessary, for the faithful performance of their respective duties; and any such officer who shall neglect or refuse to make any such report, or to give such bond within a reasonable time after being so required, may be removed from office by such board by a vote of two-thirds of all the members elect, and the office declared vacant, and such board may fill such vacancy for the unexpired portion of the time for which such officer was elected or appointed: Provided, That if the spring or fall election shall occur before the expiration of the said unexpired term, if the office be an elective one, the vacancy shall be filled at such election, and it shall be the duty of such board to give reasonable notice of such election to fill the vacancy.

Am. 1905, Act 98; 1909, Act 322; 1913, Act 397.

See section 468.

This subdivision does not give the board the general power of removal. but only for the two causes named-failure to report and neglect to give bonds. Mead V. Ingham Co. Treasurer. 36/416. Cases of incompetency, see Trainor v. Wayne Co. Auditors, 89/162.

RECALL OF CERTAIN OFFICERS.

An Act to provide for the recall of certain elective officers and for the election to fill the vacancy created thereby.

[Act 325, P. A. 1913.]

The People of the State of Michigan enact:

(513) SECTION 1. Every elective officer, in the state of Officers subMichigan, except judges of courts of record and courts of like ject to recall. jurisdiction, is subject to recall by the legal voters of the

state or of the electoral district in which he is elected as hereinafter provided.

(514) SEC. 2. Petitions demanding the recall of United Petitions, States senators, members of congress, elective state officers, where filed. state senators and representatives in the state legislature, shall be filed with the governor. Petitions demanding the recall of governor shall be filed with the secretary of state. Petitions demanding the recall of any elective county, township or village official shall be filed with the probate judge of said county and petitions demanding the recall of any city official shall be filed with the mayor of said city. Petitions demanding the recall of mayor shall be filed with the city clerk. The petition shall be signed by at least twenty-five signatures, per centum of the number of electors who voted for gov- per cent of. ernor at the last preceding election in the electoral district of the official sought to be recalled; said petition or part thereof shall be printed or typewritten and shall state clearly the reason or reasons for said demand. The signatures thereto shall be in writing and shall state the ward, precinct and street number or township in which said petitioner lives. The circulator of said petition or his part thereof, Circulator, shall attach thereto the affidavit that said signatures are attachment of the signatures of qualified electors; that they are genuine and made in good faith for the purposes set forth in said petition, but no such petition shall be circulated against any officer until he has actually performed the duties of his office for a period of forty-five days for a legislative office, and for three months for any other office.

affidavit.

efection.

(515) SEC. 3. Whenever a petition signed by twenty-five Special per cent or more of the electors designated in section two of this act is filed against any officer, a special election shall within five days thereafter be called, to be held within twenty days in his said electoral district to determine whether the people will recall said officer, but said officer shall continue to perform the duties of his office until the result of said special election is declared. The recall ballot used Recall ballot, at said special election shall have printed thereon, in not more than two hundred words, the reason or reasons for demanding the recall of said officer as set forth in said peti

form of.

Office, when deemed vacant, etc.

be candidate

tion, and in not more than two hundred words the officer's justification of his course in office. There shall be printed on the recall ballot the following questions:

"Shall (name of the person against whom the recall petition is filed) be called from the office of (title of the office)? Yes [];

"Shall (name of the person against whom the recall petition is filed) be called from the office of (title of the office)? No [ ]."

(516) SEC. 4. If upon the canvass of the votes cast upon the question of the recall of said officer, a majority of the voters voting shall decide in favor of such recall, said office shall be deemed to be vacant and a special election shall be called within five days to be held within thirty days for the Proviso, may filling of such vacancy: Provided, That the officer so recalled for re-election. shall continue to perform the duties of his office until his successor shall have been elected and qualified. Unless he shall voluntarily withdraw, the officer so recalled shall be considered the candidate for re-election to said office and other candidates for the office may be nominated and voted for at said special election by filing with the officer with whom the recall petition has been filed a petition within fifteen days after said special election is called, signed by not less than three per centum of the qualified electors of the electoral district and said candidates so filing said petition shall be considered nominated for said office. The candidate who has received the highest number of votes for the vacancy created by such recall shall be considered duly elected for the remainder of the term and the votes for said candidates shall be returned.

Election expenses, who to pay, etc.

(517) SEC. 5. After filing such petition and after such special election, no further recall petitions shall be filed against the same incumbent of such office during the term for which he is elected unless such further petitioners shall first pay into the public treasury, which has paid such election expenses, the whole amount of election expenses for the preceding special election held for the recall of said incumbent.

(518) SEC. 6. The laws relating to nominations and elections shall govern all nominations and elections under this act insofar as not to conflict therewith.

Sec. 7 repeals all contravening acts.

CHAPTER XI.—ELECTION OF CERTAIN OFFICERS.

CIRCUIT JUDGES.

An Act to provide for the election of circuit judges and regents of the university.

[Act 25, S. L. 1851.]

The People of the State of Michigan enact:

(519) § 3735. SECTION 1. That an election shall be held Election of on the first Monday in April, one thousand eight hundred and circuit judges. fifty-one, and every sixth year thereafter, in each of the judicial circuits into which, under the revised constitution and schedule thereto, and laws, the state is divided, by the electors thereof, of one circuit judge and one regent of the university, who shall hold their offices respectively for the term of six years, and until their successors are elected and qualified.

So far as relates to regents of the university, this act is superseded by the act immediately following. When this act was passed, Const. XIII, 6, provided for the election of a regent in each judicial circuit.

spectors of

(520) 3736. SEC. 2. The inspectors of elections in the Duties of inseveral townships and wards in cities throughout the state, election. are hereby required to prepare a ballot box to receive all ballots that may be offered at such election for circuit judge and regent of the university, both of which officers shall be voted for on one ballot.

notice to

(521), § 3737. SEC. 3. The secretary of state shall, im- Secretary of mediately after the passage of this act, transmit to the sheriff state to give of each county included within the several judicial circuits sheriffs. of this state a notice in writing, containing a brief statement of the contents of this act, and he shall cause a copy of this act to be published in such newspapers within the several judicial circuits as he may deem proper, once in each week from the date of the notice till the election aforesaid.

notify town

clerks to give

(522) § 3738. SEC. 4. The sheriff's of the several counties, Sheriffs to on receiving the notice hereby provided for, shall forth ship clerks, with, in writing, notify the township clerk of each township, etc. and one of the inspectors of election of each ward in any city, of such election; and it shall be the duty of the township Township clerks and inspectors of election receiving said notice to give notice of. eight days' notice, except for the election in eighteen hundred and fifty-one, in writing, under their hands respectively, to the electors of the township or ward, of the time and place of holding such election, by posting the same up in at least three public places in the township or ward.

Election, canvass, etc.

County canvass, when held.

Statement, where returned.

Board of state canvassers.

Proviso as to county of Wayne.

Commence

ment of term.

(523) § 3739. SEC. 5. The election provided for by this act shall be conducted in the same manner as by existing laws is provided for the holding of a general election; and the inspectors of elections shall make the same canvass, statement and returns, and they are hereby invested with the same powers and authority as are provided by the election laws of this state for a general election.

(524) § 3740. SEC. 6. The county canvass for the several circuit judges and regents of the university, shall be on the second Tuesday succeeding the election, and shall be conducted in all respects in the same manner, and returns shall be made in the same manner and within the same time as is provided by existing laws for the canvass of representatives to congress; but the county clerks of the several counties shall transmit one of the certified copies of the statement of votes to the state treasurer, instead of the auditor general.

(525) § 3741. SEC. 7. The secretary of state, state treasurer and commissioner of the state land office, shall constitute the board of state canvassers, and they are hereby authorized and required to proceed in the canvass and determination of the election of the several circuit judges and regents of the university, in the same manner and within similar periods of time, as near as may be, as is provided by law for the canvass of the election of representatives to congress, and shall transmit similar notices to the persons declared to be elected to the offices of circuit judge and regent of the university in the several judicial districts: Provided, That the board of state canvassers shall not determine the result of the election for a regent of the university in the county of Wayne, until after the receipt of the several statements of votes given for a regent of the university in the upper peninsula; provided such statement shall be received before the third Tuesday of November next ensuing, when said board shall proceed to canvass and determine the election of such regent, as in other cases.

(526) § 3742. SEC. 8. The officers elected under the provisions of this act, shall enter upon the discharge of their respective duties on the first day of January succeeding their election.

Section 9 was superseded by section 24 of Act 190 of 1891. See section 161 of this compilation.

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