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4. So, also, he loses his residence here by removal to and residence in another state, with intention, to reside there an indefinite time, or by voting there, even though he may have had the intention to return here at some future period.

5. The place where the family of a married man resides shall, generally, be considered his residence, unless the family so resides for a mere temporary purpose. If his family is permanently in one place, and he transacts his business in another, the former shall be his residence.

1851.

Questions to be put to voters

12. If a person is objected to as not being a chizen, in addition to any questions the judges may think proper who are object. ask, the following shall be put to him:

1. Have you resided in this state two years, or in this county one year immediately preceding this election? and have you resided in this precinct sixty days next preceding this election?

2. Have you been absent from this state during the two years immediately preceding this election, and, if so, did you, while absent, consider this state as your home, or did you, while absent, vote in another state?

§ 13. If the person is objected to as not a resident of the county or precinct in which he offers to vote, then, in like manner, the following questions shall be put to him:

1. When did you last come into this county (or precinct)? 2. When you came into this county (or precinct,) did you come for a temporary purpose merely, or for the purpose of making it your home.

3. Did you come into this county (or precinct) for the purpose of voting in it?

ARTICLE IV.

Time of holding elections.

§ 1. The election of electors of president and vice president shall be held on the Tuesday next after the first Monday in November, one thousand eight hundred and fifty two, and on the same day in every fourth year thereafter. But the governor may, by his proclamation, appoint the same day in any other year, pursuant to the act of congress, for holding the election in the event of a vacancy in the offices of president and vice president.

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Time of presi. dential election.

Time of elecof Congress.

§ 2. The election of representatives in congress shall be held on the first Monday in August, one thousand eight tion of members hundred and fifty-one, and on the same day in every second year thereafter; but should there be a called session of congress between the expiration of any congressional term and the ensuing first Monday in August, the governor may, by his proclamation, published in three newspapers printed in this state, cause an election of representatives in congress to be held at an earlier day, if there is thirty days. between the date of the publication and the day so assigned by him.

1851.

Time of general elections.

&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 Louisville. 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.

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ARTICLE V.

Comparing Polls.

§ 1. The sheriff, clerk of the county court, and clerk of the circuit court, or any two of them, in office on the second Monday in May next, shall, on the Thursday thereaf ter, at ten o'clock in the morning, meet at the clerk's office 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 shall deposit with the clerk of the county court the poll books of the different precints. On the next day, the board shall meet in the clerk's office between ten and 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.

How & when

polls to be com or more coun

pared when two ties vote togeth

er.

§ 4. Where two or more counties vote together in the choice of a representative or senator, the sheriffs of the respective counties shall, between ten and twelve o'clock in the morning of the first Monday after the election, meet in 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 pollbooks for the county of

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do certify that, at an elec

tion held in said county on the
was duly elected to fill the office of

day of

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 shall 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.

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§7. The governor, attorney general, and secretary of Board of exstate, and, in the absence of either, the auditor, or any two

aminers for state

officers.

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 Sec'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.

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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; except 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 sheriff's 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 same.

Proclamation

to issue for state

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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.

tion to issue in time for sheriffs

Writs of elec

to give notice.

Writs of election or procla

forwarded sheriffs.

to

5. A writ of election from the county court shall be delivered to the sheriff by the clerk thereof, immediately af- mations to be ter 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.

in

First Monday

August to be cept in special

election day, ex

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Special elee

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.

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