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Session Laws, 1967
Volume 681, Page 867   View pdf image (33K)
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SPIRO T. AGNEW, Governor                        867

13-5. Costs.

The petitioner shall pay the cost of the recount and recanvass in the
county, municipality, legislative district or other district or political
division, and his bond shall be liable therefor, unless the result of the
election in the unit being or ordered recounted is changed or unless
the petitioner has gained a number of votes over his principal oppos-
ing candidate equal to two percentum (2%) or more of the total
votes cast in the unit being recounted. In either of such latter events,
the costs shall be awarded against the municipality or county in
which the recount is held.

13-6. Counterappeal.

If the petition specified only a part of the precincts in which the
petitioner was voted for, and if on completion of the review and re-
count of such specified precincts the result of the count of the judges
in the county, municipality, district or other political division is
thereby changed, then the opposing candidate thus affected may ap-
peal within two days of this determination. Such counterappeal shall
be to the board, from the action and decision of the judges in count-
ing the ballots and/or certifying the votes recorded upon the voting
machines in the remaining precincts of said county, municipality,
ward, legislative district or other political division in which he was
voted for. Such counterappeal shall act as a request upon the board to
recount and recanvass the remaining precincts, which they shall im-
mediately proceed to do and the person filing the counterappeal shall
attach affidavits thereto, or in lieu thereof, post bond as required by
Section 13-2 of this Article. In each such case the cost of the com-
pletion of the recount and recanvass shall be paid by the opposing
candidate or the municipality or county, as the case may be, in the
manner prescribed in Section 13-5 of this Article.

13-7. Correction of returns.

(a)    Whenever any review, recount and recanvass is completed,
the board shall correct the returns and certificates which may have
been made of the primary election by any canvassing board.

(b)    When a petition AND AFFIDAVIT OR AFFIDAVITS AND
BOND for recount is ARE filed before the completion of any canvass
by the canvassing board of any county or municipality thereof, such
board shall complete its canvass of the original returns from each
polling place but shall then recess until the recount and recanvass
herein provided for is completed. Thereupon the board shall make its
certificate conform to the action and finding and to the certificate
given by the board sitting as judges on the recount or counterappeal.

PAPER BALLOTS
14-1. When paper ballots authorized.

(a) In the event the boards do not have sufficient voting ma-
chines available or are unable to procure additional voting machines,
or in the event that the number of names or questions submitted for
vote at any election precludes the practical use of voting machines,
the board shall use paper ballots in such election and the election
shall be conducted as provided in this article for elections held by
voting machines except as modified by the provisions of this section,
as hereinafter provided.

 

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Session Laws, 1967
Volume 681, Page 867   View pdf image (33K)
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