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secretary of state In his canvass
10-26-11



By an Inspection of the referendum petition under consideration it is found that of thesections from Wayne countywere filed In the office of the county clerk on the th day of August The remaining sections were filed in that office at a different time most if not all of them on the th day Nike Shoes Australia of August. On the canvass of the petition by the secretary of state all of these subsequent sections should have been rejected unless the plain language of the Constitution is to be disregarded. The date of filing In the office of the county clerk Is marked on each section and these dates were stamped thereon when the sections were forwarded by the county clerk. Upon these sections from Wayne county the secretary of state erroneously counted upwards of signatures. It Is argued In the briefs for respondent that the secretary of state has nothing to do with the time or manner of filing the sections of the petition with the various county clerks and that his only duty is to count the signatures upon the petition. But the sections of the petition upon which he Is to count the signatures must be valid sections and must have been first filed with the various county clerks. He can act only upon sections that have been so filed. And sections which show upon their face that they were filed in violation of Christian Louboutin Outlet the constitution Coach Outlet Store Online are as Ineffectual as if they never had been filed at all. It is also urged that the sections filed with the county clerk at later dates may be treated as a supplemental petition. To do this would be to deprive of meaning that clause of the Constitution which says all sections circulated In any county shall.be filed at the same time. The Constitution contemplates but two petitions on any referendum an original Nike Air Max petition and a supplemental petition. These are separate and distinct. All sections In any county going to make up either petition must be filed at the same time. And the sections going to make up the supplemental petition cannot be filed in the office of a county clerk until after the original petition has been transmitted to the secretary of state. The language of the Constitution is:Within forty days from the transmission of the said petition to the secretary of state a supplemental petition identical with the original as to the body of the petition but containingsupplemental Christian Louboutin Outlet names may be filed with the county clerk and such supplemental petition shall be forwarded to the secretary of state by said clerk within ten days after the filing of the same.The evident purpose of a supplemental petition is to supply any deficiency that may have been found in the original petition after it has been transmitted to the secretary of state. The sections from Wayne county were all filed with the county clerk as parts of the original petition before any portion of them had been transmitted to the secretary of state and all were transmitted to the secretary of state at one tuna Relators also insist that respondent counted signatures upon sections of the petition which did not show the county or city in which they were circulated and that he counted others where the residence or voting precinct was not given. It Is required by the Constitution that:Each section of the petition shall bear the name of the county or city in which it is circulatedand also that:Each signer thereto shall add to his signature his place of residence street and number in cities having street numbers and his election precinct.The evident purpose of these provisions is to prevent duplication of signatures and the fraudulent use of the referendum by persons who are not electors. And to make these results more Coach Outlet Store Online certain Coach Outlet Store Online it Is required that the sections circulated In any Nike Air Max 90 county or city shall be signed only by electors residing In such county or city. To secure the results aimed at by the Constitution each of these requirements must be strictly observed. It cannot be inferred that a section was circulated Nike Australia In a certain county or city from the fact that a majority or all of the signers gave their residences as in

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