ors of president and vice president of the United States, and shall be of quiet and peaceable behavior, shall have a right to vote in such election. (Sec. 1 of R. S.) SECT. 2. Every such citizen shall have a right to vote for representative to the general assembly in the town where he last resided for the term of three months, in case he shall have resided within this state one year next preceding any such election, and shall not be permitted to vote for representative in any other town. (Sec. 2 of R. S.) SECT. 3. Before any person shall be admitted to vote in any election, as aforesaid, he shall take the oath, prescribed for the qualification of freemen in the constitution. (Sec. 3 of R. S.) SECT. 4. No person shall be admitted to take such oath, or vote in any election in this state, until he shall have obtained the approbation of the selectmen and justices present at the meeting in the town, where he shall apply for admission. (Sec. 4 of R. S.) SECT. 5. The town, in which the family of any person shall reside, shall be deemed the place of residence of such person. (Sec. 5 of R. S.) SECT. 6. If any citizen in this state, who has heretofore removed, or who shall hereafter remove out of the United States, and shall have resided in any foreign state, kingdom or government, for the space of one whole year, such person shall not be admitted to vote in any freemen's meeting in this state, until he shall have returned and resided in this state one whole year, next preceding the day of such freemen's meeting, and shall also have taken the oath of allegiance to this state, the oath to support the constitution of the United States, and the freemen's oath. (Sec. 6 of R. S.) SECT. 7. No freeman of this state who has heretofore removed, or shall hereafter remove from the limits thereof, and reside in any other state for the space of one year, shall, on his return therefrom, be permitted to vote in any election of governor, lieutenant governor, treasurer of the state, senators, representative to congress, electors of president and vice president of the United States, or town representative, until he shall have again resided within this state for the term of one full year next preceding any such election. (No. 43 of 1847.) ELECTION OF TOWN REPRESENTATIVE OFFICERS. AND OF STATE AND COUNTY SECT. 8. Every organized town in this state shall provide one box to receive votes for a representative to represent such town in the general assembly of this state, one box to receive votes for governor, lieutenant governor, treasurer of the state and senators, one box to receive votes for representative to congress, and one box to receive votes for electors of president and vice president of the United States, and, in the lid or cover of each box, there shall be a small aperture, sufficiently large to receive such votes, which said boxes shall be properly designated and kept by the town clerk in each town, for the purposes aforesaid. (Sec. 7 of R. S.) SECT. 9. The first constable of each organized town in this state, or in his absence, the town clerk, or in the absence of both, one of the selectmen of each town, shall set up a notification in writing, at such place or places, as shall have been designated by such town for notifying town meetings, at least twelve days before the first Tuesday of September, annually, warning the freemen of such town to meet on said first Tuesday of September, at ten o'clock in the forenoon, in all the towns where the population, by the last census taken, exceeds two thousand, and at one o'clock in the afternoon, in the towns, where the population, taken as aforesaid, does not exceed two thousand, at the usual place of holding town meetings, for the purpose of electing a governor, lieutenant governor, treasurer of the state, county senators, and a representative to represent such town in the general assembly of this state for the year ensuing. (Sec. 8 of R. S.) SECT. 10. The first constable, or in his absence, one of the selectmen of such town, shall preside at such meeting, and call on the freemen of such town, from time to time, until five o'clock in the afternoon of said day, to give in their votes for governor, lieutenant governor, treasurer of the state, and senators, and shall also call on the freemen, from time to time, until three o'clock in the afternoon of said day, to give in their votes for a representative, to represent such town in the general assembly of this state. (Scc. 9 of R. S.) SECT. 11. Every person, legally qualified to vote for town representative, shall present to the presiding officer, in his own person, his vote, with the name of the person, whom he would elect, fairly written or printed thereon, which said vote shall be folded up in such a manner as to conceal the name of such person; and every person, legally qualified to vote for governor, lieutenant governor, treasurer of the state, and senators, shall deliver to the presiding officer his vote for such officers, in his own proper person, on one ballot, with the name or names, of the person or persons he would elect, fairly written or printed thereon, designating the office intended for the person or persons, voted for, as near as may be in the manner following, to wit: For Governor, For Lieutenant Governor, C. D. For Treasurer, E. F. For Senator or Senators, G. H. &c. which shall be folded up in such manner as to conceal the name or names of the persons voted for. (Sec. 10 of R. S.) SECT. 12. Until a new census of the United States shall be taken, and a new apportionment of state senators be made, the sev eral counties in this state shall be entitled to elect the following number of senators, to wit: Bennington county, two; Windham county, three; Windsor county, four; Rutland county, three; Orange county, three; Washington county, two; Chittenden county, two; Caledonia county, two; Franklin county, three; Addison county, two; Lamoille county, one; Orleans county, one; Essex county, one; Grand Isle county, one. (No. 15 of 1841.) SECT. 13. It shall be the duty of the presiding officer, at any freemen's meeting, as aforesaid, to receive each ballot in such manner as not to discover the name written or printed thereon, but to examine such ballot so far as to discover whether there be more than one, and if there be more than one, it shall be the duty of such presiding officer to make it known to the meeting, and reject the same, and no vote shall be afterwards received from such person at said meeting. (Sec. 11 of R. S.) SECT. 14. It shall be the duty of the selectmen and justices in each town in this state, who shall be present at any freemen's meeting, to decide all questions that may arise, touching the right of any person to vote in said meeting, and the decision of a majority shall govern the presiding officer, in receiving or rejecting such votes. (Sec. 12 of R. S.) SECT. 15. It shall be the duty of the town clerk, or in his absence, one of the selectmen, to make a roll of the names of all persons, who shall give their ballots for a representative to represent said town in the general assembly, which roll shall be kept in the town clerk's office for inspection. (Sec. 13 of R. S.) SECT. 16. At three o'clock in the afternoon of said day, the votes given for a representative shall be sorted and counted by the presiding officer and such of the selectmen and justices of the said town, as may be present, and if no person shall have a majority of all the votes given, the presiding officer shall so inform the freemen, and call on them, as aforesaid, giving a reasonable time, only, for receiving their votes, and so continue, from time to time, to receive and count the votes, until an election shall be made. (Sec. 14 of R. S.) SECT. 17. When an election shall be made, as aforesaid, it shall be the duty of the presiding officer of the meeting to declare the same in the presence of the meeting, and make out and deliver to the person elected a certificate of the following tenor, to wit: State of Vermont. At a freemen's meeting legally warned and holden at on the first Tuesday in September, one thousand, A. B. was duly elected. a representative, by a majority of the freemen present, to represent the town of in the general assembly of the state of Vermont, for the year ensuing. Given under my hand at this day of September, N. B., First Constable. Which certificate shall be a sufficient credential of such person's election. (Sec. 15 of R. S.) SECT. 18. If the person, so elected, shall not have resided two years within this state, next preceding his election, and one year next preceding his election in the town, in which he shall be elect ed, the presiding officer shall certify the same in the certificate, to be given as aforesaid. (Sec. 16 of R. S.) SECT. 19. At five o'clock in the afternoon of said day, the presiding officer, together with the town clerk, and such of the selectmen and justices in the said town as may be present, shall proceed to cut apart, sort and count the votes given for governor, lieutenant governor, treasurer of the state, and senator or senators, (as the case may be), and make a list of the persons voted for, and the number of votes for each person, which said list shall be signed by the presiding officer of said meeting and town clerk, if present, and recorded in the town clerk's office. (Sec. 17 of R. S.) SECT. 20. A list of the votes given for governor, for lieutenant governor, and for treasurer of the state, each attested by the presiding officer, and town clerk, if present, at such meeting, together with the votes given, shall severally be enclosed and sealed up by the presiding officer, and, on the outside of each paper so sealed, shall be written the name of the town in which such votes were given; and, on the paper enclosing the votes for governor, shall be written these words, Votes for Governor; and, on the paper enclosing the votes for lieutenant governor, shall be written, Votes for Lieutenant Governor; and, on the paper enclosing the votes for treasurer, shall be written, Votes for Treasurer. (Sec. 18 of R. S.) SECT. 21. It shall be the duty of the presiding officer to deliver the votes for governor, lieutenant governor, and treasurer, sealed up and superscribed as aforesaid, to the representative of the town, in which said votes were given, or to the representative of an adjoining town, to be transmitted and delivered to the committee, appointed by the general assembly to receive and canvass the same. (Sec. 19 of R. S.) SECT. 22. It shall be the duty of the presiding officer to make two lists of the votes given in each town for senator or senators, (as the case may be) which shall be attested by the presiding officer, and by the town clerk, if present at such meeting, and sealed up by such presiding officer; and, on each list, shall be written by such officer, the name of the town, in which said votes were given, and the following words, Votes for Senator, or Votes for Senators, (as the case may be) one of which shall be delivered, by the presiding officer, to the representative of such town, or to the representative of an adjoining town, to be transmitted to the president of the senate; the other list shall be delivered to the clerk of the county court, for the same county, by the presiding officer, within ten days from the time of holding said freemen's meeting. (Sec. 20 of R. S.) SECT. 23. The presiding officers of the several freemen's meetings which have been held the present year, or which may hereafter be holden in this state, for the election of senators, shall be allowed five cents per mile for travel, each way, for returning the votes for senators to the county clerk to whom said votes are made returnable by law; and it shall be the duty of said county clerks to audit the accounts of the said presiding officers, [and to draw orders on the treasurer of this state for the amount by them allowed, and the treasurer is directed to pay the same.] (Sec. 1 of No. 68 of 1840, but see sec. 73 of chap. 13.) SECT. 24. The same compensation shall be allowed to the presiding officers aforesaid for returning to the county clerks the votes for electors of president and vice president of the United States, and the votes for representatives to congress, when there shall be no election at the balloting on the first Tuesday of September. (Sec. 2 of No. 68 of 1840.) SECT. 25. It shall be the duty of the clerk of each county court, respectively, or in the case of his absence or disability, the sheriff of such county, or in case of the absence or disability of both, the high bailiff of such county, on the tenth day after such election, to publicly open, sort and count said votes, and make a record of the same in the office of the clerk of the county court, a copy of which shall be transmitted to the senate, and shall also, within ten days, thereafter, transmit to each of the persons elected a certificate of his election. (Sec. 21 of R. S.) SECT. 26. The certificate of votes for governor, lieutenant governor, treasurer of the state, and senator or senators, shall be, as near as circumstances will admit, in the form following, to wit: At a freemen's meeting, legally warned and holden at in the state of Vermont, on the first Tuesday of September, A. D. the votes for having been duly taken and canvassed, the following persons had the number of votes annexed to their names, respectively. (Here insert the names of the persons voted for, and the number of votes given for each person.) A. B., First Constable. SECT. 27. The presiding officer of each freemen's meeting, after the votes shall have been taken, sorted and counted, for assistant judges of the county court, judge of probate, state's attorney, sheriff, high bailiff, and justices of the peace,* shall in open meeting make a certificate of the names of each person voted for, with the number of votes given for each, annexed to his name, and designating the office for which the votes were given, a record of which shall be made in the town clerk's office, which certificate shall be, as near as circumstances will admit, in the form following, to wit: At a freemen's meeting legally warned and holden at in the state of Vermont, on the first Tuesday of September, A. D. the votes for assistant judges of the county court, judge of probate, state's attorney, sheriff, high bailiff and justices of the peace, having been duly taken, sorted and counted, the following persous had the number of votes annexed to their names respectively, for the several offices herein stated: * As provided for by the constitution; see the twentieth article of amendment. |