1851. Time of general electious, Louisville, &c., $ 3. The election of all other officers, not otherwise provided for, shall, after the general election in May next, be held on the first Monday in August; and thereafter, on the same day in each year, as the terms of office regularly expire. 4. The chancellor, clerk, and marshal of the Louisville Chancellor of chancery court shall be elected on the second Monday in May next, by the qualified voters within its jurisdiction; and thereafter, on the first Monday in August of the year in which the term of office regularly expires. when elected. ARTICLE V. Comparing Polls. 1. The sheriff, clerk of the county court, and clerk of Board to com- the circuit court, or any two of them, in office on the secCounty Judge, ond Monday in May next, shall, on the Thursday thereaf &c. when to ter, at ten o'clock in the morning, meet at the clerk's of pare poils for meet, &c. Board to comCounty elections how constitu pare polls for ted. posit pell books and give certifl. cates tion. fice of the county, compare the polls as to the election of county court judge, give a certificate of election to him who receives the highest number of votes, and, in case of two candidates receiving an equal number of votes, shall cause the same to be determined by lot, in the presence of not less than three other persons. In the absence of either of those officers, or if either cannot act, or one person holds both clerkships, the coroner, or, in his absence, the surveyor of the county, shall act in comparing the polls. The judge, immediately after receiving such certificate, shall take the oath of office, and enter upon the dischargs of its duties, first having been duly commissioned by the governor. § 2. The presiding judge of the county court, the clerk thereof, and the sheriff, or other officer acting for him at an election, shall constitute a board for examining the poll books of each county, and giving certificates of election. Any two of them may constitute a board; but, if the judge or clerk is a candidate, he shall have no voice in the decision of his own case. If, from any cause, two of the beforenamed persons cannot, in whole or in part, act in comparing the polls, their places shall be supplied by the two justices of the peace who may reside nearest to the court house. §3. On or before the Friday next after an election, the Sheriff to de- sheriff shall deposit with the clerk of the county court the with the clerk. poll books of the different precints. On the next day, the Board to meet board shall meet in the clerk's office between ten and of elec- twelve o'clock in the morning, compare the polls, ascertain the correctness of the summing up of the votes, and give triplicate or more written certificates of election, over their signatures, of those who have received the highest number of votes for any office exclusively within the gift of the voters of the county-one copy of the certificate to be retained in the clerk's office, another delivered to the persons elect ed, and the other forwarded by the county clerk to the secretary of state at Frankfort. For offices not within such gift, they shall give duplicate or more written certificates, over their signatures, of the number of votes given in the county to each person voted for, particularizing therein the precinct at which the votes were given-one copy to be retained in the clerk's office, and the other delivered to the sheriff. The poll-books shall, thereafter, remain in the clerk's of fice as part of its records. So, also, shall the certificate of any precinct judges, which may have been used in the absence of the poll-book of that precinct. 1851. polls to be com more coun ties vote togeth § 4. Where two or more counties vote together in the How & when choice of a representative or senator, the sheriffs of the re-pared when two spective counties shall, between ten and twelve o'clock in or the morning of the first Monday after the election, meet in er. the clerk's office of the county court of the county first named in the senatorial or representative district, compare the certificates of the examining boards of the several counties, and, therefrom, give triplicate or more certificates of election, in writing, over their signatures, of the persons to be deposited. who appear to have received the highest number of votes -one copy of the certificate to be retained in the clerk's office, another delivered to the person elected, and the other forwarded to the secretary of state at Frankfort. § 5. The certificate of election of a county officer shall be, in substance, in the following form: COMMONWEALTH OF KENTUCKY, SCT. We, A., B., and C., duly authorized to compare the poll books for the county of do certify that, at an elec- tion held in said county on the E. F. The certificate of the election of a justice of the peace or constable shall be altered to show that the election was held in a named district. §6. After an election for governor, lieutenant governor, or other officer elective by the votes of the whole state, or for a judge of the court of appeals, clerk of that court, circuit judge, commonwealth's attorney, representative in congress, or electors of president and vice president, it shall be the duty of the board of examiners of poll-books for each county, immediately after the examination of the poll-books, to make out three or more certificates in writing, over their signatures, of the number of votes given in the county for each of the candidates for any of said offices. One of the certificates shall be retained in the clerk's office, another the clerk shall send by the next mail, under cover, to the secretary of state at Frankfort, and the other he shali transmit to the secretary by any private conveyance the clerk may select, free of cost. Certificates of election--where Form of cer. tificate of coun ty officers. aminers for state §7. The governor, attorney general, and secretary of Board of exstate, and, in the absence of either, the auditor, or any two offers. 1851. is to meet, &c. of them, shall be a board for examining the returns of election for any of the officers named in the last section. 1. It shall be the duty of said board, when the returns are When the board all in, or on the fourth Monday after the election, whether they are in or not, to make out in the secretary's office, from the returns made, duplicate certificates, in writing, over their signatures, of the election of those having the highest number of votes-one certificate to be retained in the office, and the other sent by mail to the person elected: Provided, that if all the returns are not made, the right to contest an election shall not be impaired. Three certifi cates for mem 2. In the case of the election of a representative in congress, there shall be three certificates-one to be retained bers of congress. in the office, another sent by mail to the person elected, and the other sent by mail to the clerk of the house of representatives at the seat of the federal government. to publish vote. 3. It shall be the duty of the secretary, immediately after Set'ry of state the comparison of the returns, to cause a statement, therefrom, of the votes given in every county for each candidate, to be published in two newspapers printed in Frankfort. cy" defined. 4. If two or more persons shall be found to have received the highest and an equal number of votes for the same office, so that the election cannot be determined among the candidates by a plurality of votes, it shall be determined by lot, in such manner as the board may direct, and in the presence of not less than three other persons. 5. If one or more of the persons voted for as electors of president, is elected, then he or they when met to vote for president, shall determine which of the candidates having an equal number of votes shall be deemed to be elected, without casting any lot therefor. But if none is elected, then the board shall determine the election, by lot, between those having the highest and equal number of votes; evcept that they shall be arranged and drawn for in classes, according to their known pledges to vote for the different candidates, so that the whole vote of the state may be given to the same persons. § 8. Where the sheriffs of two or more counties, on comparison of the returns, or the board of examiners for a county, find that two or more persons have received the highest and an equal number of votes for the same office, they shall, in like manner, by lot, determine which of the candidates is elected. ARTICLE VI. Filling vacancy. § 1. The term "vacancy in an office," or any equivalent Term "vacan phrase, as used in this article, means such as exists when there is an unexpired part of the term of an office without a lawful incumbent therein, or when the person elected or appointed to an office fails to qualify according to law, or when there has been no election to fill the office at the time appointed by law. It applies whether the vacancy is occasioned by death, resignation, removal from the state, county, or district, or otherwise. § 2. A writ of election shall be signed by the officer or attested by the clerk of the court issuing the same, appoint the day for holding the election, and be directed to the proper sheriff or sheriffs. 1851. Writs of elec. tion to be signed by officer issuing sanie. Proclamation to issue fo: state 1. When an election is to be held to fill a vacancy in any office by the voters in the whole state, or of a congres- elections. sional or judicial district, a proclamation signed by the of ficer authorized to order the same, shall be used and stand in lieu of a writ of election. 2. Such proclamation, when for the whole state, shall be published, at least thirty days before the election, in two newspapers printed at the seat of government; and when for such district, at least twenty days before the election, in two newspapers printed in the district-if there are such papers printed at the seat of government or in the district. A copy of a proclamation for a district election shall, also, be forwarded by mail to the sheriff of each county in the district, twenty days before the election. Proclamation to be published 30 days in two newspapers. Duties of sheriff to give notice 3. Immediately on receipt of a writ of election or proclamation of election, or other sufficient information there- of election. of, the sheriff shall give notice thereof by advertisements, posted at the court house door and the several places of voting, and published in some newspaper printed in the county, if any such there be. 4. No writ for the election of a county officer, a representative, or senator, shall be issued, except so as to enable the sheriff to give such notice at least eight days before the election. 5. A writ of election from the county court shall be delivered to the sheriff by the clerk thereof, immediately after it is ordered. Other writs of election, or proclamations shall be forwarded by the officer issuing them, to the sheriff by mail. If, from any cause, the sheriff cannot properly act, he shall, immediately, hand the writ or proclamation to the person authorized to act in his place. 6. The next succeeding first Monday in August, shall always be the day appointed by writ or proclamation for holding an election, except as in this chapter allowed, unless to fill a vacancy in the court of appeals, or in the of fice of circuit judge, or unless there is or will be an intervening session of the legislature or of congress, rendering it necessary to fill a vacancy therein before the first Monday in August. tion to issue in time for sheriffs to give notice. Writs of elec Writs of election or procla mations to be forwarded sheriffs. to First Monday In August to be cent in special election day, ex cases. Special elec 7. But when a vacancy so occurs that there is not time to give the requisite notice before the proper first Monday tions. in August, a special election shall be ordered to take place on a day within six weeks after such first Monday. 1851. 8. Except in the cases provided for in the last subsecVacancy in tion, the day appointed for filling a vacancy in the court of Court of appels, appeals, or in a circuit court, shall be within six weeks after the governor receives notice of the vacancy. filled. cer to issue § 3. When a vacancy happens in either branch of the Presiding off legislature during its session, the presiding officer of the house in which the vacancy occurs, shall issue the writ of islature is in election; if the legislature is not in session, the writ shall be issued by the governor. writs when leg session. § 4. When a vacancy happens in the office of governor, Chief Justice requiring an election, the proclamation therefor shall be to issue writ to issued by the chief justice, or, if there is none, or he is absent from the state, by the judge of the court of appeals having the shortest unexpired term. fill vacancy in office of govern or. § 5. A vacancy in the office of sheriff shall be temporaVacancy in of rily filled by the county court, until the next succeeding August election, and until the successor then chosen shall qualify. fice of sheriff how filled. Vacancy in of fice of clerk, sur ner, &c., how veyor, or coro filled. justices' and Constables' of 1. A vacancy in the office of coroner, surveyor, county court clerk, county attorney, jailer, or assessor, shall be filled in like manner, until the next succeeding August election, and until the successor then chosen has qualified. A writ of election to fill the remaining vacancy shall be issued by the court; or, if the judge is not at the time in the county, by the clerk under the order of two justices of the peace. 2. A vacancy in the office of justice of the peace or conVacancy in stable shall be filled in like manner, temporarily, until the next succeeding May or August election, whichever shall first transpire, and until the successor then chosen shall qualify; and a writ of election to fill the remaining vacancy shall be issued in like manner. fice-how filled. office of comth's 3. A vacancy in the office of commonwealth's attorney Vacancy in or circuit court clerk, shall, in like manner, be temporarily filled for the same time by the circuit judge of the district, who shall, also, issue the writ or proclamation for an election to fill the remaining vacancy. attorney, filled. how fice of presiding peace. § 6. That when a vacancy shall occur in the office of Vacancy in of any presiding judge in this commonwealth, within the first judge. filled by three years for which he may have been elected to said ofjustices of the fice, it shall be the duty of the clerk of the county court, or, in his absence, the clerk of the circuit court, to issue a writ of election, directed to the sheriff' of his county, who shall proceed to hold an election by the qualified voters of his said county-after having given due notice, according to the rules and regulations for electing county judges; but if the vacancy shall be for a less period than one year, then the clerk of the county or circuit court shall notify all the magistrates of his said county that a vacancy has occurred, and requiring the said justices to convene at the court house to fill said vacancy. |