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Session Laws, 1937
Volume 412, Page 201   View pdf image (33K)
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HARRY W. NICE, GOVERNOR. 201

result of the count of the judges of election in said county,
municipality, district or other political division is thereby
changed, then the opposing candidate thus affected may
appeal within two days of the said determination, to said
Supervisors of Elections from the action and decision of
the judges of election in counting the ballots and/or certi-
fying the votes recorded upon the voting machines in the
remaining precincts of said county, municipality, ward, legis-
lative district or other political division in which he was
voted for and ask them to recount and recanvass said re-
maining precincts, which they shall immediately proceed to
do, and in each such case the cost of the completion of said
recount and recanvass shall be paid by the county or munici-
pality, as the case may be.

Whenever such appeal from the determination and action
of the judges of election is held as aforesaid and completed
the said supervisors shall correct the returns and certificate
of any canvassing board which may have been made of said
primary election and shall give to the person so found to be
nominated as a candidate or selected as a delegate or mem-
ber of a party committee or other position as the result of
said recount a new certificate of nomination or election in
conformity with the result of said recount and recanvass and
shall certify the same to the proper authorities as said candi-
date's certificate of nomination or selection.

And the corrected certificate of nomination or selection
given as aforesaid as the result of such recount shall super-
sede and stand in lieu of and in place of any certificate of
nomination given by any canvassing board and shall have all
the effect in law of the ordinary certificate given by any can-
vassing board under the provisions of the primary laws of this
State which it will thus supersede to the extent of the terri-
tory covered by said review and recount.

And upon such petition and appeal as is herein provided
for being filed before the completion of any canvass by the
ordinary canvassing board of the State or of any county
or municipality thereof such board shall adjourn over and
their canvass shall be suspended until the appeal, review,
recount and recanvass herein provided for shall have been
completed, so that said board shall make their certificate con-
form to the action and finding and to the certificate given by
said Supervisors of Elections so sitting as judges of election
on appeal.

Nothing in this section shall affect or prejudice any rights
of any person to contest the result of any primary election or
to institute proceedings to invalidate the same.

 

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Session Laws, 1937
Volume 412, Page 201   View pdf image (33K)
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