When may cause arrest.

Irregular

ballots, when not to be voted.

One voter permitted at a time.

poll book. If sufficient evidence is produced by any challenger or elector who will make affidavit on blanks provided therefor, that he believes such voter is not a qualified voter, giving the reasons for same, or if such voter is known to the inspectors of election, not to be a qualified voter, they shall immediately cause the arrest of such voter and upon conviction such voter shall be deemed guilty of a felony, punishable as provided in section one hundred fifty-three of the general election laws. SEC. 12. With the exception of persons not nominated or for a combination of names that cannot be voted with the machine and except for voting for presidential electors, no irregular ballot shall be voted for any person for any office, whose name appears on the machine as a nominated candidate for that office. An irregular ballot must be cast in its appropriate place on the machine or it shall be void and not counted.

SEC. 14. Only one voter at a time shall be permitted to pass within the guard rail to vote. The operating of the voting machine by the elector while voting shall be secret and obscure from all other persons, except as provided by this act in cases Time allowed of voting by assisted electors. No voter shall have the right to remain within the voting machine booth longer than one minute and if he shall refuse to leave it after the lapse of one minute, he shall be removed by the inspectors: Prorided, That the inspectors may grant him further time in their discretion if others are not waiting to vote.

for voting.

Proviso.

Machine, how placed.

Locking, etc., by whom.

Chairman of

of.

SEC. 15. The front of the voting machine shall be in full view of the inspectors and bystanders at all times during the election, and the machine shall be so placed or equipped that the keyboard of the machine shall be concealed from the view of all persons, except the voter, so that the voting of each voter shall be in secrecy.

SEC. 19. As soon as the polls of the election are closed, the inspectors of election thereat shall immediately lock the voting machine against voting and open the counting department in the presence of the challengers and all other persons who may be lawfully within the polling place, giving full view of all the counter numbers. The chairman of the board of inspectboard, duties ors shall, under the scrutiny of another inspector, in the order of the offices as their titles are arranged on the machine, read and announce in a distinct voice the designating number and letter of each counter (if any) for each candidate's name and the result as shown by the counter numbers, and shall then read the vote on each constitutional amendment, proposition or other question. He shall also in the same manner announce the vote as recorded for each office on the irregular ballots, if any. The candidate counters shall not in any case be read consecutively along the party row or column, but shall always be read along the office column or row, completing the canvass for each office before proceeding to the next, and the vote as registered shall be entered by the clerks in figures, directly

Irregular ballots, vote of.

verified.

than once. 3

counters to be

together.

to the inspectors' statement in ink, on the space which has the same designating number and letter. After recording the Figures, how vote, as shown by the counters, on the inspectors' statement of canvass, the figures shall be verified by being called off in the same manner from the counters of the machine by another inspector, and if found correct, the inspectors of election shall write each candidate's vote in words in the space provided therefor. If the name of an endorsed candidate When name appears on the ballot labels more than once and the counters appears more of such a candidate, who has been nominated more than once for an office to which two or more persons are to be elected, are coupled for simultaneous action, so that the vote counted by any one of the counters of such candidate will also be counted by the other counters of such candidate, the record of the vote on but one of such counters shall be taken, and the record of the vote on the other counters shall not be taken but shall be entered as zero. When the counters of a candi- When records date who has been nominated more than once for an office to of vote on which but one person is to be elected, in which case such added counters shall not be coupled for simultaneous action, the record of the vote on each counter of such candidate shall be taken and added together: Provided, That the name of Proviso. any candidate shall appear more than once on the ballot labels. The counter compartment of the voting machine shall remain open until the statement of canvass and all other reports have been fully completed and signed by the election board. During such time any challenger of any party, duly accredited as provided by the election law, who may desire to be present shall be admitted to the polling place. proclamation of the result of the votes cast shall be deliber- whom ately announced in a distinct voice by the chairman of the board of inspectors who shall read the name of each candidate, with a designating number and letter of his counter (if any), and the vote registered on such counter; also the vote cast for and against each question submitted. During Corrections, such proclamation ample opportunity shall be given to any when made. person lawfully present to compare the results so announced with the counter dials of the machine and any necessary corrections shall then and there be made by the election board, after which the doors of the voting machine shall be closed

The Result, by

announced.

and locked. Before adjourning the board shall, with the seal Board to provided therefor, so seal the operating lever of the machine seal machine. that the voting and counting mechanism will be prevented from operation. Such machines shall remain so sealed for a period of thirty days after the election and shall not be operated during such time except as herein otherwise provided.

made.

SEC. 20. Whenever it shall appear that there is a discrep- Recanvass, ancy in the returns of any election district, the board of can- when to be vassers of the county, if it be a general election at which county or State officers are elected, or the board of canvassers of the city or township, if it be a city or township election

Who notified.

Custodian to

machine.

at which city or township officers only, are elected, shall summon the inspectors of the election district in which the discrepancy is alleged to have occurred and said inspector shall, in the presence of said board of canvassers and the custodian, make a record of the number of the seal, the number on the protective counter, if one is provided, and shall open the counter compartment of said machine, and without unlocking the machine against voting, shall recanvass the vote cast thereon. Before making such re-canvass the said board of canvassers shall give sufficient notice in writing to the county clerk and to the custodian who prepared the machine for the election, of the time and place where said re-canvass is to be made. If upon such re-canvass it shall be found that the examine, etc., original canvass of the returns has been correctly made from the machine, and that the discrepancy still remains unaccounted for, the custodian, in the presence of the inspectors of election and the said board of canvassers, shall unlock the voting and counting mechanism of said machine and shall proceed to thoroughly examine and test the machine to determine and reveal the true cause or causes, if any, of the discrepancy in the return from said machine. Before testing the machine, the counters in the party row or column in which the discrepancy is alleged to have occurred shall be set at zero after which each of such counters shall be operated at least one hundred times. After the completion of said examination the custodian shall then and there prepare a statement in writing giving the result thereof, and said statement shall be witnessed by the persons present and shall be filed with the secretary of the county board of canvassers. Any candidate voted for at any election who conceives himself aggrieved on account of any fraud, error or mistake in the canvass of the vote by the inspectors or in the returns made by the inspectors of election, may file a written petition with the clerk of the board of canvassers as provided in section two hundred eighteen and section two hundred nineteen of the general election laws. Such sections, as far as practicable, shall apply except as herein otherwise provided.

Counters, how set

before test.

When

custodian to file statement.

Sections applicable.

What secretary of state to furnish.

Inspector's statement, form of.

SEC. 21. The Secretary of State shall furnish the necessary inspector's statement and canvassing sheets and samples of the certificates, envelopes, etc., suitable to the machine used, to the board or officer whose duty it is to provide ballot labels and other election supplies for each election, to be delivered to the respective boards of election inspectors to make returns where voting machines are to be used. The form of the inspector's statement shall be like that now provided by the Secretary of State, except that the inspector's certificate contained therein shall in addition certify to the number of the machine used, the number on the protective counter, if any, the number on the seal, and that all candidate counters, question counters and the public counter registered zero before the polls open; also the record on the

whom

protective counter and on the seal with which the machine is sealed by the inspectors, the number on the public counter and the number of names on the poll list after the polls close. The board or official whose duty it is to provide ballot labels How and by shall notify the Secretary of State, giving the order and titles furnished. of the offices and the number of such inspectors' statements as will be required and such number plus ten per centum, shall be furnished by the Secretary of State to said board or official, at least thirty days prior to election at which they are to be used. As soon as the name of all candidates for the Names, etc. how printed. several offices to be elected at that election are filed as required by law, the board or official whose duty it is to prepare the ballot labels for the machine, shall forthwith have the names of each regularly nominated candidate, together with the designating number and letter, if any, corresponding to each of candidates' counter on the voting machine, printed in the space provided therefor, immediately before the word "received" in the inspector's statement: Provided, That in Proviso, case of the death, resignation or failure to qualify of any of such candidates after such inspectors' statements are printed, a slip may be furnished giving the name, designating number and letter, if any, of the candidate substituted therefor and same shall be pasted, before the delivery of the inspectors' statements to the board of inspectors, over the candidate's name who died, resigned or failed to qualify. It shall be the Duty of duty of the clerk of each county, city, village or township which has or may hereafter purchase or adopt voting machines to immediately notify the Secretary of State of such fact.

death, etc.

clerk.

SEC. 24. All acts or parts of acts inconsistent herewith are Acts repealed. hereby repealed.

Approved June 2, 1909.

[No. 215.]

AN ACT to provide for the sale, disposition and control of the unpatented, swamp, overflowed lands, lake bottom, made lands and all other unpatented lands in the township of Clay, St. Clair county, Michigan.

The People of the State of Michigan enact:

to be held, etc.

SECTION 1. All of the unpatented swamp, overflowed Certain lands lands, lake bottom, made lands and all other unpatented lands, within the delta of the St. Clair river in the township of Clay, Michigan, and commonly called "St. Clair flats" shall be held, sold, disposed of and controlled in the manner

Board of control,

members of.

Control of lands.

Board, meeting of, duties.

herein provided, and the Attorney General, Secretary of State, Commissioner of the State Land Office and Auditor General shall constitute a board of control of said property. SEC. 2. Said board shall have control of all swamp, submerged, overflowed lands and lake bottom, made lands or other unpatented lands owned by the State, or held by the State in trust, situated at the delta of the St. Clair river, in the township of Clay, county of St. Clair and State of Michigan, except as hereinafter provided.

SEC. 3. Said board of control shall meet on the first Wednesday of October, nineteen hundred nine, and each five years thereafter, and shall, at such meetings, fix the rental value for the ensuing five years of such lands as are owned by the State, or held by the State in trust, at the delta of the St. Clair river, and commonly called the St. Clair flats, as was not set aside as a public park by act number one hundred seventy-one of the public acts of eighteen hundred ninety-nine, entitled "An act to set aside submerged and swamp lands in the State of Michigan bordering lakes and the bayous thereof, for a public park, defining the limits thereof, and providing for its care and management:" Prowithdrawal of. vided, however, That said board of control may from time to time withdraw from said public park such parcels thereof as in its judgment are more suitable for occupancy than for such public park purposes, but such withdrawals shall be only at the meetings herein provided for said board, and upon such withdrawals the rental values of such parcels so withdrawn shall be fixed by said board.

Proviso, parcels,

Leases, entry.

SEC. 4. The Commissioner of the State Land Office shall, after the fixing of the rental value, and subject to the provisions contained in this act, enter into leases of all lands not conveyed by the State by virtue of this act, with any person, firm or corporation for a period which shall not extend beyond the date of the next meeting of said board, as provided herein, and shall terminate at the next meeting of Form of lease. the board as fixed by this statute. The Attorney General shall prepare suitable blank form of lease or deed of such lands for the proper carrying into effect of the provisions of this act.

Trespassers. who deemed.

When deed to be issued.

SEC. 5. All persons who now, or hereafter shall, occupy any lands owned, or held by the State in trust, situated at the delta of the St. Clair river, who do not make and execute a lease with the Commissioner of the State Land Office, or purchase said lands as provided in this act, shall be deemed trespassers, and an action may be brought in any court of competent jurisdiction in the name of the State of Michigan, by the Attorney General of the State to recover possession of said lands.

SEC. 6. Any person who shall claim any of said lands to have been in his possession and occupancy and improved by him or his assignors prior to and on January one, nineteen