CHAPTER XLIX. art. 8. of consti ratification or rejection. AN ACT providing for the submission of the proposed amendment of article eight of the constitution of the state to the voters thereof for ratification or rejection, and for the election of certain officers thereunder. [Passed March 7, 1879.] Be it enacted by the Legislature of West Virginia : Amendment to 1. That the question of the ratification or rejection of tution, when to the proposed amendment of article eight of the constitube submitted for tion of the state, contained in the joint resolution of the legislature adopted on the sixth day of March, one thousand eight hundred and seventy-nine, shall be submitted to the voters of the state at the next general election to be held in the year one thousand eight hundred and eighty. Voting to be by ballot. What must be printed on bal written or lots. For what ballots not to be rejected. 2. The voting upon said question shall be by ballot and those voting for said amendment shall have written or printed on their ballots, the words "constitutional amendment, article eight, for ratification," and those voting against said amendment, shall have written or printed on their ballots the words "constitutional amendment, article eight, for rejection;" but no ballot shall be rejected in ascertaining the result of said election at any place of voting because all of the said words are not written or printed thereon, if it sufficiently appear what the voter intended. The said election at each place of voting shall be superintended, conducted and returned, and the result thereof asbe superintend- certained by the same officers and in the same manner as the election of members of the legislature is superintended, conducted and returned, and the result ascertained at said election. And all the provisions of the law relating to general elections as far as aplicable, shall apply to the election held under the provisions of this act, except cable, except,etc where it is herein otherwise provided. How election to ed, conducted, etc. Provisions of law relating to general elec tions to apply as far as appli Two certificates of result of election at every 3. When the result of said election at every place of voting is ascertained as aforesaid, the commissioners and place of voting conductor, or any two of them, shall sign two certificates of to be signed; by whom. the result thereof to the following effect: Form of such certificate. "We, the undersigned, who acted as commissioners (or commissioners or conductor as the case may be) of the election held at in the district of, in the county of - on the day of, one thousand eight hundred and eighty, upon the question of the ratification or rejection of the proposed constitutional amendment of article eight, do hereby certify that the result of said election is as follows: For ratification, votes; for rejec Certificate must The said two certificates shall correspond with each other in all respects, and contain the full and true returns of correspond. said election at each place of voting on said question. What to contain and to whom The said commissioners, or one of them, or said con- When, by whom ductor, shall, within four days, including Sundays, after such certificates that on which said election was held, deliver one of said to be delivered. certificates to the clerk of the county court and the other to the clerk of the circuit court of the county. on the certi fore whom such laid. Two certificates made out and whom. 4. The said certificates shall be laid before the commis- When and besioners appointed to conduct the election at the court certificates to be house, at the same time the ballots, poll books and ficates of the election for members of the legislature are laid before them; and as soon as the results of said election in the county upon the question of ratification or re- of result in each jection is ascertained, two certificates of such result shall county to be be made out and signed by said commissioners in the form signed; by or to the effect following: "We, the undersigned, ap- Form of such pointed as commissioners to superintend the election held certificate. at the court house of the county of day of —, do hereby certify that the result of said election in said county on the question of the ratification or rejection of the proposed amendment of article eight of the constitution of the state is as follows: For ratification, votes; and for rejection, votes. Given under our hands this day of , one thousand eight How such certihundred and eighty," one of which shall be filed in office of the clerk of the county court, and the other warded by mail to the secretary of state, who shall and preserve the same until the day on which the result sent him. of said election in the state is to be ascertained, as hereinafter stated. the ficates to be disfor- of Duty of secrefile tary of state as to the certificate before the Gov declaring the 5. On the twenty-fifth day after said election is held, or when certifias soon thereafter as practicable, the said certificate shall cate to be laid be laid before the governor, whose duty it shall be to as- ernor. certain therefrom the result of said election in the state, Governor in asDuty of the and declare the same by proclamation, published in some certaining and one or more newspapers printed at the seat of government. result. If a majority of the votes cast at said election be for ratifi- Majority vote to ratify. cation, the said proposed amendment shall be in force and when to be in effect from the time of such ratification, and be part and parcel of the constitution of the state, in the place of article eight, as it now stands. force and effect. 6. It shall be the duty of the governor to cause the said Governor to have proposed proposed amendment to be published at least three months amendment before the said election in some newspaper in every county published; in the state, in which a newspaper is printed, the expenses Expenses of of which shall be paid out of the contingent fund. when and how. publication; how paid. Circuit judges, voted for. What must be written or printed on bal lot of person voting for judge. Special provis 7. On the same day and under the superintendence of the same officers, an election shall be held for judges of the when and how judicial circuits as presented in said proposed amendment to article eight, as well as for the judicial circuits now prescribed in the constitution. The person voting for judge shall designate the circuit by having written or printed on his ballot, "for judge of old circuit" and "for judge of new circuit." But in the first circuit the person shall designate the circuit by having written or printed on his ballot, "for judge of old circuit" and "for judges of new circuit." conducted, etc. Such election shall be conducted and the result thereof ascertained, determined and certified according to the provisions and requirements of existing laws for the election of nor as to issu- judges of the circuit courts. Should the said proposed ing commiss- amendment be ratified, the governor shall issue commisions to judges if amendment be sions to the persons who from the returns appear to have ratified or if re- been elected judges of the new judicial circuits, respective ions as to first circuit. How election and result as certained and jected. Commissioners, three to be elected in each How such election to be con sult ascertained and returns ly; and if the said proposed amendment be rejected, he shall issue commissions to the persons who from the returns appear to have been elected judges of the old judicial circuits, respectively, as now provided by law. 8. And on the day on which said proposed amendment of article eight is submitted to the voters of the state for County, when. ratification or rejection, the voters of each county of the state shall elect therein three commissioners as provided ducted, etc., re- for in sections twenty-two and twenty-three of the said proposed amendment. Such election shall be conducted and superintended by the same officers and in the same manner as provided for in section seven of this act, and the certificate and returns shall be made and the result ascertained in the same manner as is now prescribed by law for the election, certificates and returns of county officers. made. Terms of officers elected, when to commence. 9. If said proposed amendment shall be ratified the terms of the officers whose election is provided for in this act, shall commence on the first day of January, one thousthousand eight hundred and eighty-one. [Approved March 8, 1879.] [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.] The foregoing act takes effect at the expiration of ninety days after its passage. CHAPTER L. AN ACT providing for the submission of the proposed amendment of section thirteen of article three of the constitution of the state, to the voters thereof, for ratification or rejection. [Passed March 7, 1879.] Be it enacted by the Legislature of West Virginia: article three of ratification or 1. That the question of the ratification or rejection of Amendment fo the proposed amendment of section thirteen of article three section thirteen, of the constitution of the state contained in the joint reso- the Constitution lution of the legislature, adopted on the seventh day of submitted for March, one thousand eight hundred and seventy-nine, rejection; when shall be submitted to the voters of the state at the next general election to be held in the year one thousand eight hundred and eighty. be. must have writ 2. The voting upon said question shall be by ballot, and those voting for said amendment shall have written or How voting to printed on their ballots the words "constitutional amend- What ballots for ment, section thirteen, article three, for ratification; and and against those voting against said amendment shall have written ten or printed or printed on their ballots the words "constitutional them amendment, section thirteen, article three, for rejection," must not be rebut no ballot shall be rejected in ascertaining the result of said election at any place of voting, because all of the said words are not written or printed thereon if it sufficiently appear what the voter intended. For what ballots jected. intended and re ed, etc. The said election at each place of voting shall be super- How such elecintended, conducted and returned, and the result thereof tion to be snperascertained by the same officers and in the same manner as turned and the the election of members of the legislature is superintended, result ascertainconducted and returned and the result ascertained at said Provisions of election, and all the provisions of the law relating to gen- general elections law governing eral elections as far as applicable shall apply to the election to apply, except, held under the provisions of this act, except where it is herein otherwise provided. etc. place of voting; 3. When the result of said election at every place of vot- Result at every ing is ascertained as aforesaid the commissioners and con- two certificates ductor, or any two of them, shall sign two certificates of to be signed; by the result thereof to the following effect: "We, the un- Form of certifidersigned, who acted as commissioners, (or commissioner or conductor as the case may be) of the election held at in the district of, in the county of, on the day of, one thousand eight hundred and eighty, upon the question of the ratification or rejection of the proposed constitutional amendment to section thirteen of article three, do hereby certify that the result of said election is as follows: For ratification votes; for re whom. cate. Certificates to correspond. What to contain. jection votes. Given under our hand this -day of one thousand eight hundred and eighty. The said two certificates shall correspond with each other in all respects and contain the full and true returns of said election at at each place of voting on said question. The said comWhen, by whom missioners, or one of them, or said conductor, shall within such certificates four days, including Sundays, after that on which said to be delivered. election was held, deliver one of said certificates to the clerk of the county court and the other to the clerk of the circuit court of the county. and to whom Before whom said certificates when. tion in each county, two certificates of such result to Form of such certificates. Where filed. 4. The said certificates shall be laid before the commisto be laid and sioners appointed to conduct the election at the court house at the same time the ballots, poll-books and certificates of the election for members of the legislature are laid Result of elec- before them; and as soon as the result of said election in the county upon the question of ratification or rejection is ascertained two certificates of such result shall be made be made out and out and signed by said commissioners in the form or to the signed; by whom. effect following: "We, the undersigned, appointed as commissioners to superintend the election, held at the court house of the county of, on the day of ——, do hereby certify that the result of said election in said county on the question of ratification or rejection of the proposed amendment to section thirteen of article three of the consiitution of the state is as follows: For ratification votes -; for rejection - votes. Given under our hands this day of――, one thousand eight hundred and eighty." One of which shall be filed in the office of the clerk of the county court and the other forwarded by mail to the secretary of state, who shall file and preserve the same until the day on which the result of said election in the state is to be ascertained as hereinafter stated. Duty of secre tary of state as to certificate filed in his office. When certifi cate to be laid before Governor. His duty as to ascertaining and declaring result. Majority vote to ratify. If ratified, when to take effect, etc. Governor to amendment 5. On the twenty-fifth day after said election is held, or as soon thereafter as is practicable, the said certificates shall be laid before the governor, whose duty it shall be to ascertain therefrom the result of said election in the state, and declare the same by proclamation published in some one or more newspapers printed at the seat of government. If a majority of the votes cast at said election be for ratification, the said proposed amendment shall be of force and effect from the time of such ratification, and be part and parcel of the constitution of the state in the place of section thirteen of article three as it now stands. 6. It shall be the duty of the governor to cause the said have proposed proposed amendment to be published at least three months before the said election in some newspaper in every county when and how. in the state in which a newspaper is printed, the expenses of which shall be paid out of the contingent fund. published; Expenses of publication; how paid. [Approved March 8, 1879.] |