Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-04-15

said section as amended shall read as
Section 50. The governor and council.
by the first day of December IN eacn
year in which an election is held. shall
omen and compare the votes so returned.
and have the same tabu1ated ana may
receive testimony on oath TO prove that
the return from any town does nor asIee
with the record of the vote of such town
in the number OF votes, or the names oi
the persons voted for, ana TO prove VINCE
of them is correct; and the return, Wheh
found erroneous, may be corrected DS
the record No such correction can Dc
made without application within twenty
DAYS after the returns are opened an.
tabulated, stating the error alleged, no
without reasonable notice thereof given
to the person affected by such correction.
and during said twenty days any person
voted for, may personally, and by or
with counsel, examine said returns IN
presence of the governor and council, or
either of them, or any member OF the
council. Upon written application hled
with the secretary of state within twenty
days after the returns are opened and
tabulated, alleging that the return OF
record of the vote cast in any town does
not correctly state the vote as actually
cast in such town, and specifying the
Offices as to which such errors are De-
leved to have occurred. the governor
and council in open meeting shall ex-
anime the ballots cast in said town, and
returned to the secretary of state. and
IL such return or record is found to be
erroneous the return shall be corrected
in accordance with the number of ballots
found to have been actually cast in said
town but no such examination OF the
ballots shall be made without reasonable
notice to all candidates for the offices
specified in the application as to which
such errors are alleged to have occurred,
stating when and where such eXamina-
ton will be made and afferdlng such
candidates a reasonable opportunity to
he in nv COUNSEL
such examination and be heard in rela-
ton thereto. The persons having the
highest number of votes, not exceeding
the number to be chosen, shall be de-
clared elected; and they shall be notified
thereof by the secretary of state, and
enter upon the discharge of official duties
on the first day Of January thereafter.
If number of persons, exceeding the
number to be chosen, receive an equal
number of votes, no one is elected
To ascertain what persons have re-
ceived the highest number of votes, the
governor and council shall count and de-
clare for any person all votes appearing
by said returns to have been Intentionally
cast for him, although his name upon
the return is misspeled or written with
only the initial or initials of his Chris
tian name or names; and they may hear
testimony upon oath, in relation to such
returns, in order 10 get at the intention
of the electors, and shall decide accord
ingly. This section shall be applied in
determining the election of all county
examination and correction of returns
il shall be applied in determining the
election of representatives to. congress
members of the legislature and presiden-
tial electors. When a return is defective
by reason of any informalty, an attested
copy of the record may be substituted
therefor
Section II. This act shall be applied
in determining the results of voting upon
any resolve of the legislature submitting
constitutional amendment to the people
and the results of voting upon any meas
pres submitted to the determination of
the people under the amendment to the
constitution of the state adopted Septem-
Der fourteen, nineteen hundred and eight,
except questions relating to municipal af
fairs submitted under section twenty-one
of part three of article four of the consti-
tuition: provided. however. that the gov
ernor and council may without the ap-
section, examine in open meeting the
ballots cast Oh any such resolve or
measure; and when such examination ls
made with or without application, in
lieu of the notice prescribed by the pre-
ceding section, notice thereof and vi
the time and place fixed therefor shall
be given by publishing such notice at
least twice in some newspaper. if any,
published in the town where the ballots
TO be examined We're cast, and if there
is no such newspaper then in a news
paper published in the town in the same
county nearest the town where the bal
lots to be examined were cast the first
publication OF such notice shall be at
least seven days before the time fixed
for such examination.
Section II. Section forty-tWo of chap
ter six Of the Revised Statutes is hereby
amended so as TO read as follows:
Section AZ. Clerks of towns shall pre-
serve the checklists used at any election
at which the ballots cast are 10 he re-
turned to the secretary of state under
the provisions of this act for one wear
without alteration, and shall furnish TO
any person certified copy thereof with
in the twenty days after demand and
payment or tender of the legal charges
therefor and shall without charge fur
nish the governor and council with
certified copy thereof within twenty DAYS
after demand, under the penalty provided
IN section SeVenty-eight'
Section Il. Nothing contained i'm this
act shall affect the Jurisdiction of the
supreme Judicial Court or any Justice
thereof 10 entertain proceedings under
sections seventy to SeVentY-four both in
elusive OF chapter six of the Revised
Statutes.
Section II. Any neglect on the part Of
an officer Of q town to comply with The
requirements OF, or 10 perform the DIN
ties Imposed by sections two three and
six OF this act, and section tWenty-fiVA
OF chapter six Of the Revised STATUTES
as amended by section -four of this aet
shall be deemed wilful and unreasonable
within the meaning of section ninetV-one
of chapter six Of the Revised statutes
unless the contrary is acknowledgement
March -