2004 Initiative Petitions Approved for Circulation in Missouri

2004-014 RE: Electoral Reform -- Version 3

Submitted by:

Mr. Brad Ketcher The Ketcher Law Firm, LLC

Contact Lois Ernst at 816-545-4891 (PO Box 32031, Kansas City, MO 64114) or the Ketcher Law Firm, LLC at www.ketcher.com for further information.

Petition sample form approved for circulation on March 5, 2004. Official ballot title certified by Secretary of State on March 22, 2004.

OFFICIAL BALLOT TITLE AS CERTIFIED BY SECRETARY OF STATE

Shall Missouri law be amended to eliminate the present winner-take-all method of choosing electors for president and vice president and instead require that electors be allocated based on the proportion of votes each presidential ticket receives statewide, with the electors required to vote for the candidates of the party that nominated them, this provision to take effect February 1, 2005?

The proposed statutory change would have a zero estimated fiscal impact to the state and local governments.

 

THE PROPOSED ACT

Be it enacted by the people of the state of Missouri, as follows:

Section A. Sections 115.013, 115.315, 115.321, 115.399, 115.453, 128.010, 128.020, 128.030, 128.040, 128.050, 128.060, 128.070, 128.080, 128.090, 128.100, 128.110, 128.120, and 128.130, RSMo, are repealed and threeten new sections enacted in lieu thereof, to be known as sections 1, 2, and 3, 4, 5, 115. 013, 115.315, 115.321, 115.399, and 115.453 to read as follows:

Section 1. Title. This act shall be known and may be cited as "The Make Your Vote For President Count Act O of 2004."

Section 2. Legislative declaration. The People of the State of Missouri hereby find and declare that:

1. The United States Constitution delegates to each state the method of choosing presidential electors who are charged with casting votes in the electoral college for the offices of President and Vice President of the United States;

2. The Missouri Constitution reserves to the People of this state the right to propose and enact laws independent of the general assembly, and the system for allocating presidential electors is an appropriate subject for a citizen initiative;

3. The right to vote for President of the United States is a fundamental right and each person’s vote is entitled to equal dignity and should count equally;

4. The present "winner-take-all" method of awarding presidential electors in Missouri: dates from the 1800’s; often results in nearly half of Missouri voters not having their voices heard in national elections; and permits a presidential ticket to take all of our state's electoral votes even though it wins less than a majority of the ballots cast in our state; The present "winner-take-all" method of awarding presidential electors in Missouri: permits a presidential ticket to take all of this state's electoral votes even though it wins less than a majority of the popular votes cast in this state; acts as a disincentive for presidential candidates to focus their attention and policy concerns on our state and region; and discourages serious campaigns by independent candidates for the presidency, thereby restricting the choices available to voters; and

5. The will of the Missouri electorate is best reflected by the popular proportional allocation of electoral college representatives, based on the popular vote received by number of ballots cast for the respective presidential tickets in this state; and

6. By approving this Act, the People of Missouri, using their legislative power under Article III, Section 49 of the Missouri Constitution, do hereby act as the legislature of Missouri for the purpose of changing the manner of electing presidential electors in accordance with the provisions of Article II, Section 1 of the United States Constitution.

Section 3. Popular Proportional Selection of Presidential Electors.

1. The qualified voters of this state shall meet at their respective places of holding elections on the first Tuesday after the first Monday of November in 2008 and every four years thereafter, unless the Congress of the United States shall appoint a different day, and in that case, on such day as the said congress shall appoint, and shall proceed to elect, pursuant to this section, as many fit persons as the state shall then be entitled to elect, as electors of President and Vice President pursuant to this section.

2. The election shall be conducted by the judges who may have been appointed to hold the general election for the same year, and under the same regulations, and have the public notice thereof given by the sheriff in each county as is or may be required by law regulating such general elections.

3. It shall be the duty of the judges of such elections in the different townships to make returns thereof to the clerks of the county commissions of their respective counties, within two days after such election, which clerks shall, within eight days after they receive such returns, certify and transmit the same to the governor, by delivering them into the nearest post office on the most direct route to the seat of government. If there shall be a failure to receive any of the returns at the seat of government for one mail after the same is due, the secretary of state may dispatch a messenger to the county not returned, with directions to bring up said returns to the governor.

4. The governor, on receipt of the certificates from the several counties which he may have received within fifteen days after the day of election, shall immediately add up the vote from the several counties for the respective presidential tickets and the persons elected pursuant to the popular proportional share allocation of this section shall by him be declared duly elected electors.

5. The total number of electoral votes to which Missouri is entitled shall be divided among each presidential ticket, based upon the popular proportional share of the total statewide ballots cast for popular vote received by each presidential ticket.

6. Notwithstanding any other provision of law, the allocation of a presidential ticket's popular proportion of this state's electoral votes must be in whole numbers and shall be made in the following manner:

(1) The total number of votes ballots cast in this state for each presidential ticket shall be divided by the total number of votes ballots cast for all presidential tickets that receive votes at a general election; and

(2) The proportion of a presidential ticket's popular vote, as determined in subsection 6 subdivision paragraph a (1) of this section shall be multiplied by the number of electoral votes to which Missouri is entitled.

7. The number of electoral votes that are attributable to any presidential ticket 's popular vote total, as determined in subsection 6 paragraphs subdivisions a (1) and b (2) of this section, shall be rounded to the nearest whole number, subject to the following limitations:

(1) No presidential ticket shall receive any electoral votes from this state if its proportion of the total popular votes ballots cast for all presidential tickets would reflect less than a full electoral vote after rounding to the nearest whole number;

(2) If the sum of electoral votes allocated would be greater than the number of electoral votes to which Missouri is entitled, allocations of electoral votes to the presidential ticket receiving at least one electoral vote and the fewest number of popular votes ballots cast shall be reduced by whole electoral votes until only that number of electoral votes to which Missouri is entitled have been allocated;

( 3 ) If, after the reduction of electoral votes as set forth in subsection 7, paragraph subdivision (2) of this section b, the total number of electoral votes allocated to all presidential tickets remains greater than the total number of electoral votes to which Missouri is entitled, the process set forth in subsection 7, paragraph b subdivision (2) of this section shall be applied to the presidential ticket receiving at least one electoral vote and the next fewest number of ballots cast popular votes until the total number of electoral votes allocated to all presidential tickets is equal to the total number of electoral votes to which this state is entitled.

(4) If the sum of all electoral votes allocated to all presidential tickets would be less than the number of electoral votes to which Missouri is entitled, the presidential ticket receiving the greatest number of ballots cast popular votes shall receive any unallocated electoral votes until all of the electoral votes to which Missouri is entitled have been allocated; and

(5) If two or more presidential tickets receive the identical total number of ballots popular votes cast for all presidential tickets and the allocation of electoral votes to which Missouri is entitled cannot be proportionally allocated in whole electoral votes to these presidential tickets, the Governor shall determine by lot which set of these presidential tickets will have its number of electoral votes increased or decreased by a whole electoral vote until all of the electoral votes to which Missouri is entitled have been allocated.

8. The governor shall determine by lot which presidential electors, nominated in conjunction with a presidential ticket that qualifies for at least one electoral vote pursuant to this section, shall be entitled to cast electoral votes. For each presidential ticket, the governor shall then determine by lot the order of nominated presidential electors for that presidential ticket to serve as an alternate if any vacancy occurs in the office of presidential elector for that presidential ticket because of death, refusal to act, absence, or other cause. If the number of nominated presidential electors for a presidential ticket is insufficient to allow the governor to fill a vacancy in the office of presidential elector, the political party or organization of the presidential ticket for which the vacancy remains shall nominate the number of additional presidential electors necessary to fill the vacancy.

9. It shall be the duty of the governor, at the expense of the state, in all cases to immediately notify the persons chosen of their election, as soon as the same shall have been ascertained, agreeably to the provisions aforesaid.

10. The governor shall, on or before the date of the meeting of such electors, cause lists of the names of such electors to be made and delivered to them as required by act of Congress. The persons employed in giving the notices, or conveying the returns aforesaid, shall be allowed five cents for every mile such persons may travel in going and returning in the performance of any of the services aforesaid, to be audited and paid as other claims.

11. The electors shall each receive for their services the sum of five dollars per day and mileage as allowed to the members of the general assembly. The governor shall approve their accounts and certify them to the commissioner of administration for payment.

12. Each presidential elector shall vote for the candidate for President and, by separate ballot, candidate for Vice-President on the presidential ticket of the political party or political organization that nominated the presidential elector.

13. All contest ed elections for presidential elector shall be heard and determined by the circuit court of Cole County. Not later than five days after the governor declares the duly elected electors, any candidate who wishes to contest the election shall file a verified petition with the circuit court. The petition shall set forth the basis on which the contestant wishes to contest the election and the facts in support thereof , and shall pray leave to produce his proof. The circuit court in which the petition is filed shall have exclusive jurisdiction over all matters relating to the contest and, in hearing the matter, may issue any necessary and appropriate orders , including for the recounting of ballots . The circuit court may require the contestant to post bond for the costs and expenses of the election contest. The right to appeal as in cases in equity shall exist. The circuit court and any reviewing courts shall , by order , regulate the timing and pace of the contest. Contests concerning the election of electors shall be given the courts ’ highest priority and shall be expedited in all respects, including hearings and decisions. The circuit court and any reviewing courts shall render all final decisions in any contest not later than the first Friday after the second Wednesday of December following the election.

14. Upon request, the governor shall order a recount for presidential electors if: (a) the difference between the number of ballots cast for any two presidential tickets is less than or equal to one percent of the number of ballots cast for the presidential ticket that received more votes of the two at the general election; and (b) at least one of the two presidential tickets, as a result of such recount, could qualify for one or more additional electoral votes. A recount may only be requested by a candidate for elector, a presidential ticket or the political party or political organization associate d with such ticket. Any recount request must be made not later than five days after the governor declares the duly elected electors . A ny ordered recount must be completed and the results declared not later than the first Friday after the first Wednesday of December following the election. A recount means one additional counting of all ballots. The governor may order only one recounting per election, notwithstanding the receipt of multiple appropriate requests.

15. Definitions. For purposes of this Section:

(1) "Presidential ticket" means candidates for President and Vice President of the United States who run for their respective offices jointly in Missouri.

(2) "Rounded to the nearest whole number" means:

(a) increased to the next whole number if the fractional proportion of an electoral vote allocated is equal to or greater than .5; and

(b) decreased to the preceding whole number if the fractional proportion of an electoral vote allocated is less than .5.

(3) "Whole number" means a positive integer, including zero.

Section 4. Effective date. Notwithstanding any other provision of law, Section A shall be effective from and after February 1, 2005.

Section 5. Severability. If any provision of this act, or part thereof, is for any reason held to be invalid or unconstitutional, the remaining provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of the act are severable.

Section 115.013. As used in this chapter, unless the context clearly implies otherwise, the following terms mean:

(1) "Automatic tabulating equipment", the apparatus necessary to examine and automatically count votes, and the data processing machines which are used for counting votes and tabulating results;

(2) "Ballot", the ballot card, paper ballot or ballot designed for use with an electronic voting system on which each voter may cast all votes to which he or she is entitled at an election;

(3) "Ballot card", a ballot which is voted by making a punch or sensor mark which can be tabulated by automatic tabulating equipment;

(4) "Ballot label", the card, paper, booklet, page or other material containing the names of all offices and candidates and statements of all questions to be voted on;

(5) "Counting location", a location selected by the election authority for the automatic processing or counting, or both, of ballots;

(6) "County", any one of the several counties of this state or the City of St. Louis;

(7) "Disqualified", a determination made by a court of competent jurisdiction, the Missouri ethics commission, an election authority or any other body authorized by law to make such a determination that a candidate is ineligible to hold office or not entitled to be voted on for office;

(8) "District", an area within the state or within a political subdivision of the state from which a person is elected to represent the area on a policy-making body with representatives of other areas in the state or political subdivision;

(9) "Electronic voting system", a system of casting votes by use of marking devices, and counting votes by use of automatic tabulating or data processing equipment, and includes computerized voting systems;

(10) "Established political party" for the state, a political party which, at either of the last two general elections, polled for its candidate for any statewide office, more than two percent of the entire vote cast for the office. "Established political party" for any district or political subdivision shall mean a political party which polled more than two percent of the entire vote cast at either of the last two elections in which the district or political subdivision voted as a unit for the election of officers or representatives to serve its area;

(11) "Federal office", the office of presidential elector, United States senator, or representative in Congress, except, however, that the election of presidential electors shall be governed by sections 3, 4 and 5 of this act;

(12) "Independent", a candidate who is not a candidate of any political party and who is running for an office for which party candidates may run;

(13) "Major political party", the political party whose candidates received the highest or second highest number of votes at the last general election;

(14) "Marking device", either an apparatus in which ballots are inserted and voted by use of a punch apparatus, or any approved device which will enable the votes to be counted by automatic tabulating equipment;

(15) "Municipal" or "municipality", a city, village, or incorporated town of this state;

(16) "New party", any political group which has filed a valid petition and is entitled to place its list of candidates on the ballot at the next general or special election;

(17) "Nonpartisan", a candidate who is not a candidate of any political party and who is running for an office for which party candidates may not run;

(18) "Political party", any established political party and any new party;

(19) "Political subdivision", a county, city, town, village, or township of a township organization county;

(20) "Polling place", the voting place designated for all voters residing in one or more precincts for any election;

(21) "Precincts", the geographical areas into which the election authority divides its jurisdiction for the purpose of conducting elections;

(22) "Public office", any office established by constitution, statute or charter and any employment under the United States, the state of Missouri, or any political subdivision or special district, but does not include any office in the reserve forces or the national guard or the office of notary public;

(23) "Question", any measure on the ballot which can be voted "YES" or "NO";

(24) "Relative within the first degree by consanguinity or affinity", a spouse, parent, or child of a person;

(25) "Relative within the second degree by consanguinity or affinity", a spouse, parent, child, grandparent, brother, sister, grandchild, mother-in-law, father-in-law, daughter-in-law, or son-in-law;

(26) "Special district", any school district, water district, fire protection district, hospital district, health center, nursing district, or other districts with taxing authority, or other district formed pursuant to the laws of Missouri to provide limited, specific services;

(27) "Special election", elections called by any school district, water district, fire protection district, or other district formed pursuant to the laws of Missouri to provide limited, specific services; and

(28) "Voting district", the one or more precincts within which all voters vote at a single polling place for any election.

15. Effective date. Notwithstanding any other provision of law, this section shall be effective from and after November 2, 2004 and shall be used to allocate the presidential electors of this state beginning with the election of November 2, 2004 and every election thereafter at which votes for President and Vice President of the United States are cast.

16. Severability. If any provision of this act, or part thereof, is for any reason held to be invalid or unconstitutional, the remaining provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of the act are severable.

Section 115.315. 1. Sections 115.315 to 115.327 shall be known and may be cited as the "Fair Ballot Access Act".

2. Any group of persons desiring to form a new political party throughout the state, or for any congressional district, state senate district, state representative district or circuit judge district, shall file a petition with the secretary of state. Any group of persons desiring to form a new party for any county shall file a petition with the election authority of the county.

3. Each page or a sheet attached to each page of each petition for the formation of a new political party shall:

(1) Declare concisely the intention to form a new political party in the state, district or county;

(2) State in not more than five words the name of the proposed party;

(3) [If presidential electors are to be nominated by petition, at least one qualified resident of each congressional district shall be named as a nominee for presidential elector.] The number of candidates to be nominated shall equal the number of electors to which the state is entitled, and the name of their candidate for president and the name of their candidate for vice president shall be printed on each page or a sheet attached to each page of the petition. The names of the candidates for president and vice president may be added to the party name, but the names of the candidates for president and vice president shall not be printed on the official ballot without the written consent of such persons. Their written consent shall accompany and be deemed part of the petition;

(4) Give a complete list of the names and addresses, including the street and number, of the chairman and treasurer of the party.

4. When submitted for filing, each petition shall contain the names and addresses of two people, not candidates, to serve as provisional chairman and treasurer for the party in the event the party becomes a new political party.

5. If the new party is to be formed for the entire state, which shall include being formed for all districts and counties in which the party has nominations so listed on its certified list of candidates required pursuant to section 115.327, then this statewide petition shall be signed by at least ten thousand registered voters of the state obtained at large.

6. If the new party is to be formed for any district or county, but not by the statewide method set out in subsection 5 of this section, then the petition shall be signed by the number of registered voters in the district or county which is equal to at least two percent of the total number of voters who voted at the last election for candidates for the office being sought or is equal to ten thousand voters, whichever is less.

Section 115.321. 1. Any person desiring to be an independent candidate for any office to be filled by voters throughout the state, or for any congressional district, state senate district, state representative district, or circuit judge district, shall file a petition with the secretary of state. Any person desiring to be an independent candidate for any county office shall file a petition with the election authority of the county.

2. Each page or a sheet attached to each page of each petition for the nomination of an independent candidate shall:

(1) Declare concisely the intention to nominate an independent candidate;

(2) State the name and address, including street and number, of the independent candidate. If independent candidates for presidential elector are to be nominated, a number of independent candidates for presidential elector equal to the number of electors to which the state is entitled shall be nominated by one petition, and the name of their candidate for president and the name of their candidate for vice president shall be printed on each page or a sheet attached to each page of the petition. [At least one qualified resident of each congressional district shall be named as a nominee for presidential elector, and t] The name and address of each candidate shall be printed on each page or a sheet attached to each page of the petition. The names of the candidates for president and vice president shall not be printed on the official ballot without the written consent of such persons. Their written consent shall accompany and be deemed part of the petition;

(3) State the office for which candidate is to be nominated.

3. If an independent candidate is to be nominated for a statewide office, the petition shall be signed by at least ten thousand registered voters of the state.

4. If the independent candidate is to be nominated for a district or county office, the petition shall be signed by the number of registered voters in the district or county which is equal to at least two percent of the total number of voters who voted at the last election for candidates for the office being sought or is equal to ten thousand voters, whichever is less.

5. The name of each person who files a valid petition for nomination as an independent candidate shall be placed on the official ballot as an independent candidate for the office at the next general election or the special election if the petition nominates a candidate to fill a vacancy which is to be filled at a special election. If presidential electors are nominated by the petition, the names of the candidates for elector shall not be placed on the official ballot, but the name of their candidate for president and the name of their candidate for vice president shall be placed on the official ballot at the next presidential election.

Section 115.399. 1. Not later than the twelfth Tuesday prior to each presidential election, or notwithstanding any prior laws to the contrary, in the year 1996 and thereafter, within seven working days after choosing its nominees for president and vice president of the United States, whichever is later, the state committee of each established political party shall certify in writing to the secretary of state the names of its nominees for president and vice president of the United States.

2. Not later than the third Tuesday prior to each presidential election, the state committee of each established political party shall certify in writing to the secretary of state the names of its nominees for presidential elector.[At least one qualified resident of each congressional district shall be named as a nominee for presidential elector by each state committee, and t] The number of nominees for presidential elector named by each state committee shall equal the number to which the state is entitled.

3. When submitted for filing, each certification made by a state committee pursuant to the provisions of subsection 2 of this section shall be accompanied by a declaration of candidacy for each candidate for presidential elector. Each declaration of candidacy shall state the candidate's full name, residence address, office for which such person proposes to be a candidate and that if elected the person will qualify. Each such declaration shall be in substantially the following form: I, . . . . . . . . . . . . . . , a resident of the [. . . . . . . congressional district and the] state of Missouri do announce myself a candidate for the office of presidential elector [from the . . . . . . congressional district (state at large)] on the . . . . . . . ticket, to be voted for at the presidential election to be held on the . . . . . . . . day of . . . . . . , 20. ., and I further declare that if nominated and elected to such office I will qualify.

Each such declaration shall be subscribed and sworn to by the candidate before the election official receiving the certification, a notary public or other officer authorized by law to administer oaths.

Section 115.453. Election judges shall count votes for all candidates in the following manner:

(1) If a cross (X) mark appears in the circle immediately below a party name at the head of a column, each candidate of the party shall be counted as voted for. If a cross (X) mark appears in the circle immediately below more than one party name, no candidate shall be counted as voted for, except a candidate before whose name a cross (X) mark appears in the square preceding the name and a cross (X) mark does not appear in the square preceding the name of any candidate for the same office in another column. If a cross (X) mark appears in the circle immediately below a party name at the head of a column, and a cross (X) mark appears in the square next to the name of any candidate in another column, each candidate of the party whose circle is marked shall be counted as voted for, except where a cross (X) mark appears in the square preceding the name of any candidate in another column. Except as provided in this subdivision and subdivision (2) of this section, each candidate with a cross (X) mark in the square preceding his or her name shall be counted as voted for.

(2) If no cross (X) mark appears in the circle immediately below any party name, but a cross (X) mark does appear in the square next to any candidate's name, the name of each candidate next to which a cross (X) mark appears shall be counted as voted for, and no other name shall be counted as voted for. If cross (X) marks appear next to the names of more candidates for an office than are entitled to fill the office, no candidate for the office shall be counted as voted for. If more than one candidate is to be nominated or elected to an office, and any voter has voted for the same candidate more than once for the same office at the same election, no votes cast by the voter for the candidate shall be counted.

(3) No vote shall be counted for any candidate that is not marked substantially in accordance with the provisions of this section. The judges shall count votes marked substantially in accordance with this section when the intent of the voter seems clear. Regulations promulgated by the secretary of state shall be used by the judges to determine voter intent. No ballot containing any proper votes shall be rejected for containing fewer marks than are authorized by law.

(4) Write-in votes shall be counted only for candidates for election to office who have filed a declaration of intent to be a write-in candidate for election to office with the proper election authority, who shall then notify the proper filing officer of the write-in candidate prior to 5:00 p.m. on the second Friday immediately preceding the election day; except that, write-in votes shall be counted only for candidates for election to state or federal office who have filed a declaration of intent to be a write-in candidate for election to state or federal office with the secretary of state pursuant to section 115.353 prior to 5:00 p.m. on the second Friday immediately preceding the election day. No person who filed as a party or independent candidate for nomination or election to an office may, without withdrawing as provided by law, file as a write-in candidate for election to the same office for the same term. No candidate who files for nomination to an office and is not nominated at a primary election may file a declaration of intent to be a write-in candidate for the same office at the general election. When declarations are properly filed with the secretary of state, the secretary of state shall promptly transmit copies of all such declarations to the proper election authorities for further action pursuant to this section. The election authority shall furnish a list to the election judges and counting teams prior to election day of all write-in candidates who have filed such declaration. This subdivision shall not apply to elections wherein candidates are being elected to an office for which no candidate has filed.

(5) Write-in votes shall be cast and counted for a candidate without party designation. Write-in votes for a person cast with a party designation shall not be counted. Except for candidates for political party committees, no candidate shall be elected as a write-in candidate unless such candidate receives a separate plurality of the votes without party designation regardless of whether or not the total write-in votes for such candidate under all party and without party designations totals a majority of the votes cast.

(6) When submitted to the election authority, each declaration of intent to be a write-in candidate for the office of United States president shall include the name of a candidate for vice president and the name of nominees for presidential elector equal to the number to which the state is entitled. [At least one qualified resident of each congressional district shall be nominated as presidential elector.] Each such declaration of intent to be a write-in candidate shall be accompanied by a declaration of candidacy for each presidential elector in substantially the form set forth in subsection 3 of section 115.399. Each declaration of candidacy for the office of presidential elector shall be subscribed and sworn to by the candidate before the election official receiving the declaration of intent to be a write-in, notary public or other officer authorized by law to administer oaths.

[ Section 128.010. Hereafter, at all elections held in this state for the offices of president and vice president of the United States, the electoral district shall be the same as the congressional districts into which the state shall be divided, and the same number of electors as there may be districts shall be chosen by the qualified voters, one of whom shall be a resident of each district; and in addition thereto, two electors shall be chosen by the state at large.]

[ Section 128.020. When any new apportionment shall be made of the members to be elected to the house of representatives of the United States, whereby the number of electors to which this state may be entitled shall be increased or diminished, it shall be the duty of the governor to lay off the state into as many districts as shall be equal to the number of electors to which this state shall then be entitled, so that the said districts contain, as near as may be, an equal number of inhabitants.]

[ Section 128.030. It shall be the duty of the governor, whenever he shall exercise the power hereby vested in him, to give notice of the division made by him, by proclamation, to be published in not to exceed two newspapers in each of said districts in this state, sixty days at least before the first election under such arrangement.]

[ Section 128.040. The qualified voters in each of said districts shall meet at their respective places of holding elections on the first Tuesday after the first Monday of November, in the year one thousand eight hundred and eighty, and on the first Tuesday after the first Monday of November every four years thereafter, unless the Congress of the United States shall appoint a different day, and in that case, on such day as the said congress shall appoint, and shall proceed to elect as many fit persons as the state shall then be entitled to elect, as electors of president and vice president, one of whom shall be a resident of each district.]

[ Section 128.050. The election shall be conducted by the judges who may have been appointed to hold the general election for the same year, and under the same regulations, and have the public notice thereof given by the sheriff in each county as is or may be required by law regulating such general elections.]

[ Section128.060. It shall be the duty of the judges of such elections in the different townships to make returns thereof to the clerks of the county commissions of their respective counties, within two days after such election, which clerks shall, within eight days after they receive such returns, certify and transmit the same to the governor, by delivering them into the nearest post office on the most direct route to the seat of government. If there shall be a failure to receive any of the returns at the seat of government for one mail after the same is due, the secretary of state may dispatch a messenger to the county not returned, with directions to bring up said returns to the governor.]

[ Section128.070. The governor, on receipt of the certificates from the several counties in each district which he may have received within fifteen days after the day of election, shall immediately add up the vote from the several counties, and the person residing in any one district having the highest number of votes given in the state for any one person residing in the same district shall by him be declared duly elected elector for said district.]

[ Section128.080. If two or more persons residing in one district shall have an equal number of votes given in the state, as aforesaid, and more than any other person residing in the same district, the governor shall immediately notify the general assembly thereof, and such election shall be determined by joint vote of both houses of the general assembly, by choosing one of the persons so having an equal number of votes.]

[ Section 128.090. It shall be the duty of the governor, at the expense of the state, in all cases to immediately notify the persons chosen of their election, as soon as the same shall have been ascertained, agreeably to the provisions aforesaid.]

[ Section128.100. All contested elections for electors shall be determined by a joint vote of both houses of the general assembly. The joint meeting of the two houses deciding on such elections shall be held in the hall of the house of representatives, and the president of the senate shall preside. If any person contests the election of an elector, he shall present a petition to the general assembly, setting forth the points on which he will contest the same and the facts which he will prove in support of these points, and shall pray for leave to produce his proof; and a vote shall be taken in the house, by yeas and nays, whether the prayer shall be granted. If the majority of the whole number of votes of both houses shall be in the affirmative, they shall appoint a joint committee to take the testimony on the part of the petitioner, and also on the part of the person whose place is contested, with the power to send for witnesses, issue warrants, under the hand of the chairman, to any judge or associate circuit judge, and to take the depositions of witnesses at such time and place as the warrant shall direct, which warrant shall mention the points to which the testimony is to be taken. Reasonable notice shall be given by the party in whose favor the deposition shall be allowed, to the opposite party, of the time and place of taking same; and the judge or associate circuit judge shall proceed in all things, in procuring the attendance of witnesses, and in taking and certifying the testimony, as is directed herein.]

[ Section128.110. The governor shall, on or before the date of the meeting of such electors, cause lists of the names of such electors to be made and delivered to them as required by act of Congress. The persons employed in giving the notices, or conveying the returns aforesaid, shall be allowed five cents for every mile such persons may travel in going and returning in the performance of any of the services aforesaid, to be audited and paid as other claims.]

[ Section 128.120. The electors shall each receive for their services the sum of five dollars per day and mileage as allowed to the members of the general assembly. The governor shall approve their accounts and certify them to the commissioner of administration for payment.]

[ Section 128.130. If any of the electors appointed under this chapter shall fail to attend at the seat of government by the hour of two o'clock in the afternoon of the day appointed by act of congress for their meeting, then the electors present may appoint other persons to act as electors in the place of those absent; and if there be a failure to elect, the electors attending at such time and place shall appoint some suitable person or persons, as the case may be, to fill the vacancy or vacancies existing by reason thereof.]

EXPLANATION Matter enclosed in brackets [thus] in this law is not enacted and is intended to be omitted in the law; new matter enacted and intended to be included in the law is shown underlined thus