Page:1887 Compiled Laws of Dakota Territory.pdf/201

§§ 726-734 § 726. When the electors vote by ballot all the officers voted for shall be named in one ballot, which shall contain, written or printed, or partly written and partly printed, the names of the persons voted for and the offices to which such persons are intended to be chosen, and shall be delivered to one of the judges so folded as to conceal its contents.

§ 727. When the election is by ballot a poll list shall be kept by the clerk of the meeting, on which shall be entered the name of each person whose vote is received.

§ 728. When the election is by ballot one of the judges shall deposit the ballot in a box provided for that purpose.

§ 729. At the close of every election by, ballot the judges shall proceed publicly to canvass the votes, which canvass when commenced shall continue without adjournment or interruption until the same is completed.

§ 730. The canvass shall be conducted by taking a ballot at a time from the ballot-box and counting until the number of ballots is equal to the number of names on the poll list, and, if there are any left in the box they shall be immediately destroyed; and the person having the greatest number of votes for any office shall be declared duly elected; provided, that if two or more persons have an equal and the highest number of votes for any office, the judges of election shall at once publicly by lot determine who of such persons shall be declared elected. If on opening the ballots two or more ballots are found to be so folded that it is apparent that the same person voted them the board shall destroy such votes immediately.

§ 731. The canvass being completed, a statement of the result shall be entered at length by the clerk of the meeting in the minutes of its proceedings to be kept by him as before required, which shall be publicly read by him to the meeting, and such reading shall be deemed notice of the result of the election to every person whose name is entered on the poll list as a voter.

§ 732. The minutes of the proceedings of every town meeting, subscribed by the clerk of said meeting and by the judges, shall be filed in the office of the town clerk within two days after such town meeting.

§ 733. The clerk of every town meeting within ten days thereafter shall transmit to each person elected to any town office, whose name is not entered on the poll list as a voter, notice of his election.

§ 734. In case any town refuses or neglects to organize and elect town officers at the time fixed by law for holding annual town meetings, twelve freeholders of the town may call a town meeting for the purpose aforesaid, by posting up notices in three public places in such town, giving at least ten days' notice of such meeting; which notice shall set forth the time and place and object of such meeting; and the electors when assembled by virtue of such notice shall possess all the powers conferred upon them at the annual town meeting. In case no such notice is given as aforesaid within thirty days after the time for holding the annual town meeting, the board of county commissioners of the county shall on the affidavit of any freeholder of said town, filed in the office of the clerk of the board, setting forth the facts, proceed at any regular or special meeting of the board and appoint the necessary town officers of such town, and the persons so appointed shall hold their respective offices until others

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