cuit court, within thirty days after the result of the election shall have been determined, a written statement in like form as in other cases of contested elections in the circuit court. The county shall be made defendant, and process shall be served as in suits against the county; and like proceedings shall be had as in other cases of contested elections before such court.

118. When elector may defend for county. § 118. In case the county board shall fail or refuse properly to defend such contest, the court shall allow any one or more electors of the county to appear and defend, in which case the electors so defending shall be liable for the costs in case the judgment of the court shall be in favor of the con

testant.

119. Judgment. $119. The judgment of the court in cases of contested election shall confirm or annul the election according to the right of the matter; or, in case the contest is in relation to the election of some person to an office, shall declare as elected the person who shall appear to be duly elected.

120. Tie. § 120. If it appears that two or more persons have, or would have had if the legal ballots cast or intended to be cast for them had been counted, the highest and an equal number of votes for the same office, the persons receiving such votes shall decide by lot, in such manner as the court shall direct, which of them shall be declared duly elected; and the judgment shall be entered accordingly.

121. Certified copy of judgment. § 121. A certified copy of the judgment of the court shall have the same effect as to the result of the election as if it had been so declared by the canvassers.

122. When election adjudged void. 122. When the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of legal disqualification on his part, or for other causes, the person receiving the next highest number of votes shall not be declared elected, but the election shall be declared void.

123. Appeal, § 123. In all cases of contested elections in the circuit courts or county courts, appeals may be taken to the supreme court in the same manner, and upon like conditions as is provided by law for taking appeals in cases in chancery from the circuit courts.

[Hall v. Thode, 75 Ill. 174.

RESIGNATIONS AND VACANCIES.

124. Of elective offices. 124. Resignations of elective offices shall be made to the officer, court or county board authorized by law to fill a vacancy in such office by appointment, or to order an election to fill such vacancy.

125. When office becomes vacant. 125. Every elective office shall become vacant on the happening of either of the following events, before the expiration of the term of such office:

First-The death of the incumbent.

Second-His resignation.

Third-His becoming insane.

Fourth-His ceasing to be an inhabitant of the State; or, if the office is local, his ceasing to be an inhabitant of the district, county,

[* 467] town or precinct for which he was elected.

Fifth-His conviction of an infamous crime, or of any offense involv ing a violation of official oath.

Sixth-His removal from office.

Seventh-His refusal or neglect to take his oath of office, or to give or renew his official bond, or to deposit or file such oath or bond within the time prescribed by law.

Eighth-The decision of a competent tribunal declaring his election

void.

126. Who may determine when vacancy exists. § 126. Whenever it is alleged that a vacancy in any office exists, the officer, court, or county board whose duty it is to fill the vacancy by appointment, or to order an election to fill such vacancy, shall have power to determine whether or not the facts occasioning such vacancy exist.

127. Governor and lieutenant-governor vacant. § 127. In case of vacancies in the offices of governor and lieutenant-governor, the officer performing the duties of the office of governor, or if there is no such officer, the secretary of State, shall issue a proclamation appointing a day for a special election to fill such vacancies, and shall issue a writ of election to the county clerks of the several counties in the State, and shall also, when necessary, call a special session of the general assembly to canvass the votes cast at such election; but if such vacancy shall occur not more than ninety days before a general election for members of the legislature, the vacancies shall be filled at such general election, in which case no special session of the general assembly to canvass the votes shall be deemed necessary.

128. Other State officers. § 128. When à vacancy shall occur in the office of secretary of State, auditor of public accounts, treasurer, attorney-general, superintendent of public instruction, or member of the State board of equalization, the governor shall fill the same by appointment, and the appointee shall hold his office during the remainder of the term, and until his successor is elected and qualified. [See Const., art. 5, $ 20.

129. Senator or representative. 129. When a vacancy shall occur in the office of senator or representative in the general as sembly, it shall be the duty of the county clerk of the county in which the member whose office is vacant resided, to notify the governor of such vacancy. Whereupon the governor shall issue a writ of election to the county clerk or clerks of the county or counties in which the vacancy is to be filled, fixing a day upon which an election shall be held to fill such vacancy; but unless the general assembly shall be in session at the time the vacancy occurs, or there shall be a session between the time at which the vacancy occurs and the next succeeding general election, no special election shall be ordered to fill such vacancy.

130. Representatives in congress. $130. When any vacancy shall occur in the office of representative in congress from this State, the governor shall issue a writ of election to the county clerks of

the several counties in the district where the vacancy exists, appointing a day to hold a special election to fill such vacancy.

131. Judges. 131. When a vacancy shall occur in the office of judge of the supreme court, judge of the circuit court, judge of the superior court of Cook county, or judge of the county court, the clerk of the court in which the vacancy exists shall notify the governor of such vacancy. If such vacancy shall occur within one year before the expiration of the term of the office made vacant, the governor shall fill such vacancy by appointment; but if the unexpired term exceeds one year, the governor shall issue a writ of election, as in other cases of vacancies to be filled by election.

132. Clerks of court. § 132. When a vacancy shall occur in the office of clerk of the supreme court, or in the office of the clerk [*468] of the superior court, or clerk of the circuit court of any of the counties in this State, and the unexpired term of such clerk shall exceed one year, it shall be the duty of the court, or if in vacation, of the judge or judges of the court in which such vacancy may occur, to appoint a clerk pro tempore; and such appointee shall qualify in the same manner, and give bond as required by law of the clerk of the court to which he is appointed, to be approved by the court, or if in vacation by the judge or judges making the appointment; and thereupon such appointee shall be authorized to perform all duties and receive all emoluments allowed by law to the duly elected clerk of such court, and shall hold such office until an election can be held to fill the same, as provided by the act to which this is an amendment, and until the person so elected shall have qualified according to law. Whenever an appointment shall be made, as provided by this act, it shall be the duty of the court or the judge or judges making such appointment, to notify the governor forthwith of the vacancy filled by such appointment; and upon receiving such notice, it shall be the duty of the governor, as soon thereafter as may be practicable, to issue a writ of election as in other cases of vacancies to be filled by election, in the same manner as if no appointment had been made; and when any such vacancy shall occur, and the unexpired term does not exceed one year, such vacancy shall be filled by appointment by the court to which such office appertains, or by the judge or judges thereof. [As amended by act approved February 9, 1874. In force July 1, 1874. See Clerks of Courts," ch. 25, II.

133. County officers, precinct officers, etc. 133. When a vacancy shall occur in the office of county commissioner, State's attorney, sheriff, coroner, county clerk, recorder of deeds, county treasurer, county surveyor, justice of the peace, constable, or other county or precinct officer not otherwise provided for by law, within one year before the expiration of the term of such vacant office, the vacancy shall be filled by appointment, by the county board of the county in which the vacancy exists; but if such unexpired term exceeds one year, the county clerk, or, in case of a vacancy in his office, the chairman of the county board, shall issue an order appointing a day for an election to fill such vacancy, and cause notice thereof to be given as in other cases of election.

134. To what elections this act may apply. § 134. The provisions of this act shall apply, as far as practicable, to all elections in

the State, whether general, special, local or municipal, except so far as they are modified or contravened by other legal enactments.

[$ 135, repeal, omitted. See "Statutes," ch. 131, § 5.

REGISTRATION OF ELECTORS.

AN ACT for the registry of electors and to prevent fraudulent voting. [Approved and in force February 15, 1865. L. 1865, p. 54.]

"

SEC.

135. Board of registration - meeting — register. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, The persons authorized by law, or appointed pursuant to any town or city ordinance, to act as judges or inspectors of elections in any town, city, or ward or other election district or precinct in this State, shall constitute a Board of Registry" for their respective towns, cities, wards, districts or precincts, and shall meet on Tuesday, three weeks preceding any State election, at nine o'clock A. M., and proceed to make a list, as hereinafter prescribed, of all persons qualified and entitled to vote at the ensuing election, in the election district of which they are judges or inspectors; which list, when completed, shall constitute and be known as the Register" of electors of said election district. In election districts in towns which lie wholly within the limits of an incorporated city, a register of electors shall be made for all elections, whether general, special, local or municipal, in the same manner as herein provided in the case of State elections. [As amended by act approved May 31, 1879. In force July 1, 1879. L. 1879, p. 160.

[Repeal.] § 2. All acts or parts of acts inconsistent herewith, are hereby repealed. [As approved May 31, 1879. In force July 1, 1879. L. 1879, p. 161.

136. Manner of making register, etc.- first meeting. 2. Said registers shall each contain a list of the persons so qualified and entitled to vote in said election district, alphabeti[*469] cally arranged, according to their respective surnames; so as to show, in one column, the name in full length, and in another column, in cities, the residence, by the number of the dwelling, if there be a number, and the name of the street or other location of the dwelling place of each person. It shall be the duty of said board to enter in said lists the names of all persons residing in their election district, whose name appears on the poll list kept in said district at the last preceding election in cities the number of the dwelling and the name of the street or other location, if the same shall be known to or can be ascertained by such board — and for this purpose said board are authorized to take from the office in which they are filed the poll lists made and filed by the judges or inspectors of such district, at the election held next prior to the making of such register. In making said list, the board shall enter thereon, in addition to the names on the poll list, the names of all other persons who are well known to them to be electors in said district; and the names of all persons on the poll list who have died or removed from the district shall be omit. ted from the register. The said board shall complete, as far as practicable, the said register on the day of their meeting, aforesaid, and.

shall make two copies thereof, and certify the register and each of the copies to be a true list of the voters in their district, so far as the same are known. Within two days thereafter, the said original list, together with the list taken from the office, as aforesaid, shall be filed by said board in the office of the town clerk of the town in which said election district may be; but in counties not adopting township organization, said list shall be filed with the judges or inspectors of election of the proper district, or if such election district is in a city then it shall be filed in the office of the city clerk of said city. And one copy of said list shall be kept by one of said judges or inspectors, and carefully preserved by him for their use on the day or days hereinafter mentioned, for the revision and correction of the same. One copy of said list shall, immediately after its completion, be posted in some conspicuous place where the last preceding election in said district was held, and be accessible to any elector who may desire to examine the same or make copies thereof. Any person who shall take down, tear down or deface any list so posted, shall be deemed guilty of misdemeanor, and shall be punished by a fine of $50, or by imprisonment in the county jail for the term of sixty days, or by both fine and imprisonment. [As amended by act approved March 27, 1874. In force July 1, 1874.

137. New election districts. § 3. In case a new election district shall be formed by the organization of a new town, or by the division of any town or ward, or the incorporation of a city or town, the judges or inspectors of the election in the new district thus formed, may make their registry of electors on the day prescribed by this act, in such manner as a majority of them may direct, and for that purpose may make a list, or cause to be made a certified copy of the poll list or lists of the district in which such new district is situated, or they may dispense with such list or lists and proceed to make a register of electors, from the best means at their command. Said lists shall only embrace the names of such persons as are known to them to be electors in their district, and shall be posted up and copies thereof made, as prescribed in the preceding section, and shall be corrected in the same manner that other lists are corrected.

138. Revision register-second meeting. 4. The said board shall again meet on Tuesday of the week preceding the said elections, in their respective election districts, at the place designated for holding the polls of the election, for the purpose of revising, correcting and completing said lists; and for this purpose, in cities, they shall meet at eight o'clock in the morning, and remain in session until nine o'clock P. M., and in other districts they shall meet at nine o'clock in the morning and remain in session until four o'clock P. M. [As amended by act approved March 27, 1874. In force July 1, 1874.

139. Proceedings open-corrections, etc. 5. The proceedings of said board shall be open, and all persons residing and entitled to vote in said district shall be entitled to be heard by said board, in relation to corrections or additions to said register. One of the lists so kept by the judges or inspectors, as aforesaid, shall be used by them, on the day or days of making corrections or additions, for the purpose of completing the registry for such district.