Jasper County Democrat, Volume 14, Number 83, Rensselaer, Jasper County, 27 January 1912 — PROVIDING FOR A RECOUNT [ARTICLE]

PROVIDING FOR A RECOUNT

Rights of Candidates Protected Whero There Is Evidence of Dishonesty in Conduct of Elections. AN ACT to provide for recount and correction in township, city, county, circuit, district and state elections where voting machines are used, [H. 258. Approved February 25, 1911.] Elections Voting Machines Recount.^Section 1. Be it enacted by the general assembly of the State of Indiana, That, at any time within ten days after the Thursday next succeeding any election, wherein the votes are cast by means of voting machines, any candidate for office at such election, desiring to contest the same, may petetion [petition], In writing, the circuit court, if in session, or the Judge thereof in vacation, for a recount of ballots casf within the bounds of the county wherein such court has Jurisdiction.

Contest Petition—Order for Recount. —Sec. 2. Upon the petition ol such candidate, duly verified, showing that he desires to contest such election, and honestly believes that said machine, or machines, was defective, or was tampered with unlawfully, or there was mistake or fraud committed In the official count of the vote recorded Jay said machine, or machines, in any voting precinct or precincts within said county, and that he desires a recount and correction of the ballots cast on said .machine, or machines, at said election for the offlfte for which he was a candidate, and 1 upon his furnishing a written undertaking, with sufficient freehold security, that he will pay all cohts of such recount, the court or judge shall grant the prayer of said petetion [petition] and order said recoupt to be made, and set the same for hearing and the clerk of said court will issue process on the petition against the opposing candidate as provided in civil cases. Date for Hearing. —Sec. 3. In fixing such date for said recount and corre<x tion the court shall fix the time within twenty days thereafter unless the time of granting said petetion [petition] be in vacation and more than twenty days prior to the first day of the next succeeding term of court, in which case he shall fix the said date fo* hearing on the first day of tho following term of said court. Hearing—Examination - Assistant Sec. 4. Upon the day fixed the court shall proceed to make such recount and correction by hearing evidence as in other cases and the court shall have power to open and examine said machine or machines and to appoint a competent mechanic to assist in such examination and said examination is to be made in open court and such mechanic shall receive the sum of $5 for his said services in addition to the regular witness fee. Correction of Totals. Sec. 6. When the evidence is heard said court shall decide the number of votes each of said candidates received by said machine or machines in said respective precinct or precincts and said court shall, in case of fault of ithe machine to properly register from any cause or an incorrect or fraudulent count, correct the same and give to each of said candidates his correct vote in said precinct of precincts, and shall in the case of township, city and county offices, correct the total vote of such candidates in said township, city or county.Jn accordance with said finding and defclare the one receiving the greatest number of votes elected to said office and in circuit, district and state offices such correction, if any, shall be certified by the clerk of said court to the secretary of state who shall correct the total vote of such candidate in accordance therewith.