The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-11-08
THE LAW REGARDING
AN ELECTION RECOUNT
THE REPUBLICANS MAY MAKE
USE OF THIS LAW AND DE-
MAND A RECOUNT.

The following is the chapter and
! sections Of the County Act which re-
late to a recount regarding County
elections. There has been talk that
the Republicans will ask for a recount
but as yet no steps have been taken in
the matter:
Chapter If of the County Act, provid-
ing for contests, reads as follows:
Section 40. All questions as to the
validity of any ballot cast at any cleo
ton held hereunder shall be decided
Immediately and the opinion of the ma
jority of the Board of Inspectors of
Elections at each polling precinct shah
be final and binding. subject to revi-
sion by tire Supreme Court of the Ter
ritory as hereinafter lpovided
Section H. Any candidate directly in
terested, or any thirty duly qualified vot-
ers of any election district, may file
petition in the Supreme Court of the
Territory setting forth any cause or
causes why the decision of any Board
of Inspectors should be reversed, cor
rected or changed
Section AZ. Such petition shall be
filed in tire Office of the Clerk of the
Supreme Court within thirty days fol-
lowing the election proposed to be con-
tested, and shall be accompanied by a
deposit of Twenty-Five (25) Dollars for
costs of Court.
Section 43. The Clerk shall thereupon
issue to the respondents named in such
petition summons to appear before the
Supreme Court within fourteen days after
the service thereof.
Section A. Such petition shall be
heard by the Court in term time or va
cation.
40 On the return day, the Court,
upon its own notion or otherwise, may
direct summons to be issued to any per-
son or persons who may be interested
in the result of the proceedings.
Section 4G. AT the rearing, the Court
shall cause the evidence to be reduced
70 writing and shall give Judgment, stat
ing all findings of facts or law. Such
Judgment may invalldate the election on
the grounds that a correct result cannot
be ascertained because of a mistake or
fraud on the part of the Inspectors of
Election; or decide that a certain can
didate, or certain candidates, received a
majority or plurality of the votes cast
and were elected. If such judgment
should be that the election was invalid
a certified copy thereof shall be filed with
the Governor of tire Territory or the
Board of Supervisors, as the case may
be, and he or they shall call new cleo
ton within sixty days after filing such
judgment; and if the Court shall decide
which candidate or candidates have been
elected copy of such judgment shall
be served on the Secretary Of the Ter
ritory, or the County Clerk, as the case
may be, and the officer herein thereto
authorized to deliver certificates Of cleo
ton shall sign and deliver to such candl-
date or candidates certificates of election
and the same shall be conclusive of the
right OF the candidate or candidates to
the office.
Section Al. The decision of the Court
concerning any question properly involv-
ed in any such petition and proceeding
shall be final and binding upon all par
ties.
Section As. The Court shall have pow
err to compel the attendance of witnesses.
to punish contempts and to do whatso-
ever else may be necessary to fully de-
termine the proceedings.
Section 40. The costs shall be the
same as in trials in the Circuit Court
at Chambers.
Section 30. The Court may make sues
special rules as it may find necessary or
proper.