Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1877-01-26
CON TESTED ELECTIONS.

The contest In this county for the
A~ssessorship last fall developed a
weakness in the election laws of the
State. Knight received II majority
OH the face Of the returns and the
Board of Canvassers issued him a Ger
tificate. Powell, believing that mis-.
takes had occurred on the part Of the
inspectors of election, and that a fair
count of ballots would give him a ma.
jority, contested the certificate. But in
order to make this contest and have a
recount, he was obliged to pursue his
remedy in the courts. This, involving
the employment of attorneys and the
fees of officers, was Of curse an ex.
pensive proceeding. The Court estab.
lished that all that was necessary to
determine the contest-as no questions
of law were involved-was the merely
clerical proceeding of recohnting the
ballots. This might have been done
under a better law without expense.
Senator Baker, Of Eureka, has intro
duced a bill in the State Senate, in
tended to provide against the possible
recurrence of q parallel case. 1t pre-
vides:
That when said Board of County
Commissioners shall have canvassed
the vote for county and township Off,
GERS, and it shall appear from such AN
vass that any county or township Off
Ger voted for at such election, has re-
ceived a majority of ten votes. or less,
in such a case, upon application Of the
defeated candidate for such office SET
ting forth, under oath, that he ha, rea
son to believe, and Toes believe, that
q mistake, or mistakes, have occurred
on the part of the inspectors Of cleo
ton in any election precinct, or pre-
cincts, in said county, sufficient to
change the result OF such election so
far as said Office is concerned, it shall
then be the duty of said Board of
County Commissioners to immediate
ly proceed to ecount the ballots upon
said office, of any or all the precincts
in said county wherein any mistake,
or mistakes, are alleged to have oc
Cured; and shall continue such count
from day to day Sundays excepted)
until the votes of all the election pre-.
cincts, wherein any such mistake, or
mistakes, are alleged to have occurred,
shall have been counted; and when
said count is completed, shall declare
the result, and issue the certificate of
election to the party entitled thereto.
as determined by their said count; but
they shall in no case be allowed to
thow u any ballot upon any alleged
legal defect, ii from the face of such
ballot it can, upon inspection, be as
~csrtained for whom the elector intend.
cd to cast his ballot; and, provided
further, that nothing herein con-
tanned shall prevent either party to
said proceeding from contesting the
right to said Office in the courts in the
manner now prescribed by law.
The bill is q good one with one K
ception. MIR. Baker has introduced it
as an amendment to the act defining
the duties OF the Board of County
Commissioners. We do not think it
belongs there. We even doubt wheth-
or it would be held operative unless
contained in the election law. We
suggest to Mr.. Baker that he so amend
his bill as to make this very COM
measure't the first proviso in
80 Of the Act relating to cleo
~tions," approved March 18th, 1873.