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hour and place of meeting, and canvass the returns, and from the statements filed with the secretary, shall determine the result of the election upon each question and proposition voted upon, and what persons were duly elected at said election. The secretary shall make triplicate certificates of such Certificates determination under the corporate seal of the district, show- tifon determinaing the result of the election upon each question or proposition, and what persons were declared elected to the several offices respectively, one of which he shall file in the office of the county clerk of the county, one in the office of the city clerk of the city in which such district is situated, and the other shall be filed in his own office. The person receiving Who deemed the greatest number of votes, as shown by said statements,
elected. shall be deemed to have been duly elected, but if there shall be no choice by reason of two or more candidates having received Tie vote. an equal number of votes, the board of education shall at the time of canvassing the votes, determine by lot between said persons which one shall be elected to said office. · It shall Notification. be the duty of the secretary of the board, within five days after the determination, to notify in writing each person elected of his election, and he shall file a written accept- Oath of office. ance of such election, together with the constitutional oath of office within ten days after receiving such notice, or the office will be deemed vacant. (228)
§ 5846. SEC. 6. Candidates for members of the Nomination board of education shall be nominated by petition, which shall by petition. be filed with the secretary of the board of education not less than ten days nor more than fifteen days prior to the date of election. Each petition shall be signed by not less than twenty-five qualified registered school electors of the district. No elector shall sign the petition for more candidates than are to be elected. Said petition shall be substantially in the following form:
"We, the undersigned qualified school electors of the (name Form. of district) do hereby nominate ..
of street, of said district, as a member of the board of education of said district."
Upon the filing of such petitions the secretary of the board Publication shall place the same in the public files of his office, and for at least five days immediately preceding said election, shall publish the names proposed in a daily newspaper of the district, and if there is no daily newspaper in the district, the names shall be published in all the weekly newspapers of the district for at least one edition during the week preceding the election, and if there shall be no paper published in the district, he shall post printed lists of such names in three of the most public places in each school voting precinct in said district one week before the election. The secretary of the board Official of education shall prepare and have printed an official ballot, ballot. which shall be in substantially the same form as provided in the general election law, on which shall be placed the names of all who have been duly named for members of said board. In the printing of such ballots the provisions of the general
Proviso, elertion emblem. Conduct of election.
Jaw of the state for transposing and alternating the names of candidates shall apply: Provided, That no party emblem or designation shall be placed upon school election ballots.
(229) $ 5817. SEC. 7. Except as provided in this act, the manner of conducting elections shall be the same as provided in the general school laws of this state and any local act in force in such district.
Am. 1919, Act 303. Effective when ratified by electors in accordance with section 2 of said act. See compiler's sections 232-35.
(230) § 5818. SEC. 8. This act shall not be in force or take effect in any district until a majority of the voters voting on such proposition shall vote in favor of the same. Such proposition may be submitted to the voters of any school district at such time or times as the board of education of such district shall determine, and when submitted, the ballot for voting thereon shall be in substantially the following form:
"Shall this school district be divided into voting precincts and registration of voters made and elections hereafter held in such several voting precincts?
Yes [ ]
(231) § 5819. SEC. 9. If any election district has elected to come under the provisions of this act, such district may at any time after two years, upon a petition signed by ten per cent of the qualified electors in said district, re-submit the question of the continuance or discontinuance of this act within such district. The form of the proposition for the re-submission of the question shall be drafted by the board of education when submitted at any succeeding special or general election.
An Act to amend sections two and seven of act number two hundred
seventy-five of the public acts of nineteen hundred fifteen, entitled “An act relative to dividing city school districts into election precincts; to provide for the registration of voters and for the holding of elections therein,” being sections five thousand eight hundred forty-two and five thousand eight hundred forty-seven of the compiled laws of nineteen hundred fifteen.
[Act 303, P. A. 1919.] The People of the State of Michigan enact: (232) SECTION 1. Sections two and seven of act number two hundred seventy-five of the public acts of nineteen hundred fifteen, entitled "An act relative to dividing city school districts into election precincts; to provide for the registration of voters and for the holding of elections therein,” being sections five thousand eight hundred forty-two and five thousand eight hundred forty-seven of the compiled laws of nineteen hundred fifteen, are hereby amended so as to read as follows:
(233) $ 5812. Sec. 2. A registration of the qualified Registration. electors in each district shall be made in each voting precinct, and the name, sex and address of each person registering, and whether the owner of property assessed for school taxes or a parent or legal guardian of children of school age. Such registration shall in all respects not herein specified be How conducted in the same manner as the registration required or provided for with reference to general elections, and all laws of the state for preserving the purity of elections and for preventing fraud and corruption, shall govern all elections and registrations under this act so far as the same are applicable. No unregistered person shall be allowed to vote at any Unregistered school election unless such person has qualified under oath persons. under the provisions of law regulating elections in cities. The First first registration of voters shall be made in each voting pre
registration. cinct in said district on the last Saturday previous to the date of the annual school election as fixed by law, or of any special election that may be ordered or provided by law, and subse Subsequent quent registrations shall be made on the last Saturday pre
registrations. ceding any election in such district, and whenever the board of education may provide for a general registration therein: Provided, however, The board of education may make pro- Proviso, vision for the registration of the school electors of said dis- other times. trict on such days and times other than those above mentioned, as it may deem advisable, and may provide for the registration of qualified school electors by the secretary of the board of education when the boards of registration in the precincts of said district are not in session. Boards of regis- Hours boards tration shall be in session in the several voting precincts continuously between the hours of three o'clock and eight o'clock in the afternoon on registration days, and such additional hours as the board of education may direct. (234)
§ 5847. SEC. 7. Except as provided in this act, Law governthe manner of conducting elections shall be the same as pro
ing elections. vided in the general school laws of this state and any local act in force in such district: Provided, however, In a school Proviso, district operating under any local act which fixes the hours during which the polls shall be open for elections, the board of education of said district may determine hours other and different from those so fixed during which the polls shall be open for elections in said district if it deem the same advisable: Provided further, In any school district coming within the Further
proviso, provisions of this act, the board of education shall determine
propositions, what questions and propositions, other than the issuance of etc. subbonds, shall be submitted to the vote of the electors of the district voting in precincts as herein provided for, and all other questions, propositions and matters upon which action Other by a vote of the electors of the district is required or neces
questions. sary, shall be acted upon at the annual meeting of the voters of the district, or at a special meeting thereof, called and held as provided by law.
(235) SEC. 2. This act shall not be in force or take effect in any district, which shall have adopted the provisions of said act number two hundred seventy-five of the public acts of nineteen hundred fifteen, until a majority of the voters voting on such proposition shall vote in favor of the same. Such proposition may be submitted to the voters of any such school district at such time or times as the board of education of such district shall determine, and when submitted, the ballot for voting thereon shall be in substantially the following form:
Shall this school district adopt act number...
Yes ( ).
MISCELLANEOUS PROVISIONS RELATIVE TO EDUCA
TION AND THE SCHOOLS.
An Act to regulate the uniformity of, and to provide free school text
books in, public schools throughout the state, and the distribution of the same, and to repeal all statutes and acts contravening the provisions of this act.
[Act 147, P. A. 1889.)
When board to purchase text-books.
The People of the State of Michigan enact: (236) S 5781. SECTION 1. From and after June thirty, eighteen hundred ninety, each school board of the state shall purchase, when authorized as hereinafter provided, the textbooks used by the pupils of the schools in its district. Textbooks once adopted under the provisions of this act shall not be changed within five years: Provided, That the textbook on the subject of physiology and hygiene must be approved by the state board of education and shall in every way comply with section fifteen of act number one hundred sixtyfive of the public acts of eighteen hundred eighty-seven, approved June nine, eighteen hundred eighty-seven: And provided further, That all text-books used in any school district shall be uniform in any one subject. The section above referred to is section 60. FREE TEXT-BOOKS: It has never been claimed that school boards have the power to furnish free text-books except by virtue of special legislation.-Bd. of Education v. Detroit, 80/548.
TEXT-BOOKS: The provision of the law that books once adopted shall not be changed within five years was designed to protect the public and not for the benefit of book publishers.--Att’y Gen'l v. Bd. of Ed., 133/681.
A resolution of the board directing the purchase of a specified text-book for the use in the schools constituted an adoption of that book. The five years began to run from the date of such resolution, not from the time the book was completely installed in the school. A resolution of the board to purchase certain textbooks for “supplementary use" shows no intention to adopt, and is illegal and void.-Att'y Gen'l ex rel, Marr v. Bd. of Edu., Detroit; D. C. Heath & Co. v. same, 133/681.
Under its organic act (Act 233 of 1869) the Detroit board of education cannot buy school books for high school students and sell them at cost.–Attorney General v. Bd. of Ed. of Detroit, 175/438.
(237) § 5782. SEC. 2. The district board of each school Board district shall select the kind of text-books on subjects enumer- the kind. ated in section one to be taught in schools of their respective districts: Provided, That nothing herein contained shall Proviso. require any change in text-books now in use in such district. They shall cause to be posted in a conspicuous place, at least Notice to ten days prior to the first annual school meeting from and vote tion
question. after the passage of this act, a notice that those qualified to vote upon the question of raising money in said district shall vote at such annual meeting to authorize said district board to purchase and provide free text-books for the use of the pupils in said district. If a majority of all the voters as above provided present at such meeting shall authorize said board to raise by tax a sum sufficient to comply with the provisions of this act, the district board shall thereupon make a list of such books and file one copy with the township clerk and keep one copy posted in the school, and due notice of such action by the district shall be noted in the annual report to the superintendent of public instruction. The district board shall take the necessary steps to purchase such books for the use of all pupils in the several schools of their district, as hereinafter provided. The text-books so purchased shall be Books to be the property of the district purchasing the same, and shall be property of loaned to pupils free of charge, under such rules and regulations for their careful use and return as said district board may establish: Provided, That nothing herein contained shall Proviso. prevent any person from buying his or her books from the district board of the school in which he or she may attend : Provided further, That nothing herein contained shall pre- Further yent any district having once adopted or rejected free text, proviso. books from taking further action on the same at any subsequent annual meeting.
(238) § 5783. Sec. 3. It shall be the duty of the district Board to board of any school district adopting free text-books provided contract for in this act to make a contract with some dealer or pub- lishers, etc. lisher to furnish books used in said district at a price not greater than the net wholesale price of such books: Provided, Proviso. That any district may, if it so desires, authorize its district board to advertise for proposals before making such contract.
(239) § 5784. SEC. 4. The district board of every school Board to district in the state adopting free text-books under this act estimate of shall make and prepare annually an estimate of the amount amount to of money necessary to be raised to comply with the conditions of this act, and shall add such amount to the annual estimates