The Kansas herald of freedom., 1859-03-05
Territorial Iaws.
AN ACT
Regulating Contested Elections.

Legislature es1SSena0ty y me IeT-
ritOry Of Kansas, as folIoCs:
SECTION 1. The election of any
person, declared duly elected to a
county Office, may be contested by
any elector of the county: First,
For mal-conduct, fraud, or corrup-
ton, on the part of the judges Of
election, in any township, or Of any
of the boards Of canvassers, or on
the part of any member Of either of
those boards. Second, When the in
cumbent was not eligible to the Of
fee, at the time of the election.
Third, When the incumbent has been
duly convicted of an infamous crime
before the election, and the judg-
ment has not been enreversed, annulled,
or set aside, nor the incumbent par
dOned at the time Of the election.
Fourth, When the incumbent has
given, or offered any elector, or any
Judge, clerk, or canvasser Of the
election, any bribe Or reward IN
money, property, or thing of value,
for the purpose of procuring his cleo
ton. Fifth, When illegal votes have
been received, or legal votes rejected
at the polls, sufficient to change the
result. Sixth, For any error or mis-
take in any of the boards of canvas
serS in counting the votes, or in de-
claring the result Of the election, if
the error or mistake would effect the
result. Seventh, For any other
cause, though not enumerated
above, which shows that another was
the person legally elected.
Sec. 2. The term "incumbent,
in this Chapter, means the person
whom the canvassers declare elected.
SEQ. 3. The matter contained in
the first ground of contest above
named, shall not be held sufficient to
set aside an election, unless the NAL
conduct, fraud, or corruption, be
such as to procure, or cause the in
cumbent to be declared duly elected,
when he has not received the highest
number of legal votes.
Sec. 4. When the misconduct COM
planned of on the part of the judges
of election, in a township, it shall
not be held sufficient to set aside
the election, unless the rejection of
the vote of that township would
change the result as to that Office.
Sec. 5. The court, for the trial
of contested county elections, shall
be thus constituted: The probate
Judge shall be the presiding officer,
and the contestant and incumbent
may each name a person, who shall
be associated with him. But when
the probate judgeis one of the par
ties, the county attorney shall pre-
side.
SEC. 6. The county clerk shall be
the clerk of this court, and keep all
papers, and record the proceedings
in the election book, in the manner
similar to the record of the pro-
ceedings of the district court. But
when the person, who holds the offices
of clerk of the district court and of
county clerk, is one of the parties in
either of those capacities, the pro-
bate Judge shall appoint suitable
person as clerk for the time being,
whose appointment shall be recorded.
Sec. 7. The contestant shall file
in the county office, within twenty
days after the day when the votes are
eanvassed, a written statement of
his intention to contest the election,
setting forth the name of the con-
testant, and that he is an elector of
the county, the name Of the incum-
bent, the Office contested, the time Of
the election, and the particular causes
of contest; which statement shall be
verified by the affidavit Of the con-
testant, or some other elector of the
county, that the causes set forth are
true as he verify believes, but before
the probate Judge. or in case of bis
interest, the county attorney is re-
CURED to take jurisdiction of the
contest; the contestant must file with
such Judge or attorney, a bond, with
security, to be approved by sale
Judge or attorney, and conditioned
to pay all costs in case the election
be confirmed, or the statement bt
dismissed, or the prosecution fails
SEC. 8. When the reception o.
illegal, or the rejection Of legal yote'
Is alleged as a cause of contest, th'
names of the persons who so voted
or where votes were rejected, witt
the township where they voted, o
offered to vote, shall be set fOrtl
IN the statement.
SEC. 9. The judge shall then issu
aprecept containing a copy of tn
statement, with requisition tina
the incumbent file in the count,
ONCE written nomination of one o
the Judges as provided in Section
nVe, within five days after service o
the statement upon him.
SEC. 10. If either the contestan
OF the incumbent fail to nominate
the probate Judge shall appoint fo
SEC. IL. As soon as the Judge
are nominated, the probate judg
Shall fix a day for the trial, no
more than thirty nor less than twent
a:ays from the notice contemplate
~ this Section, which notice, ad
dressed to the usual officer Of th