Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1912-05-29

SSSNifSu Stating Wucu huu Wnere such
examination win be made and affordIng
such candidates reasonable opportunity
to be present in person or by counsel at such
examination and be heard In relation thereto
The persons having the highest number Of
votes, not exceeding the number to be chosen,
shall be declared elected; and they shall
be notified thereof by the secretary of
State, and enter upon the discharge OF ofiicia,
duties on the erst day of January thereafter.
IL number OF persons, exceeding the num-
Der to be chosen, receive an equal number of
votes, no one is elected.
To ascertain what persons have received
the highest number OF votes, the governor
and council shall count and declare for any
person all votes appearing by said returns to
have been Intentionally cast for him, al
though his name upon the return is mis-
spelled or written with only the initial or
initials OF his Christian name or names; and
they may hear testimony upon oath, in rela-
ton to such returns, in order to get at the
intention of the electors, and shall decide ac--
cordingly. This section1shau be applied in
determining the election of all county officers,
ind, so far as it relates to the examination
and correction OF returns 1t shall be applied
in determining the election of representa-
'tN'S sesSShREtsrs IntmDtrs OF tue legislature,
and presidential electors. When return is
defective by reason of any informally, an
attested copy Of the record may be substituted
therefor"
Section IL. This act shall be applied in de-
termining the results of voting upon any re-
solve of the legislature submitting a con-
stitutional amendment to the people and the
results Of voting upon any measures sub
nit faA tN h. A,t.
under the amendment to the constitution of
the State adopted September fourteen, nine
teen hundred and eight. except questions re-
lating to municipal affairs submitted under
section twenty-one of part three of article
four OF the constitution; provide d. however,
that the governor and council may without
the application mentioned in the preceding
section. examine in open meeting the ballots
cast on any such resolve or measure; and
when such examination is made with or
without application, in lieu of the notice
prescribed by the preceding section, notice
thereof and of the time and place fixed there
for 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 were cast. and IL there is no such
newspaper, then In Il newspaper published
town where the ballots to be examined were
cast; the first pu blioation f,such notice shall
be at least seven days before the time fixed
for such examination.
Section II. Section forty-two OF chapter
six OF the revised statutes Is hereby anne aded
so as to read as follow:
"Section AZ. Clerks OF towns shall preserve
the checklist used at any election at which
the ballots east are to be returned to the
secretary Of State under the provisions of
this act, for one years without alteration, and
shall furnish to any person a certified copy
thereof within 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 seyenty-eight."
Section 10. Nothing contained in this act
shall effect the jurisdiction of the supreme
judicial court or any justice thereof to enter
tain proceedings under sections seventy to
seyenty-four both inclusive of chapter six of
the revised statutes.
Section II. Any neglect ON the part of an
officer OF q town to comply with the require
ments OF, or to perform the duties imposed by
sections two, three and six of this act and
sections twenty-five OF chapter six of the
revised statutes as amended by section four of
this act, shall be deemed willful and unrea-
sonable, within the meaning of section
niuety-one OF chapter six of the revised
statutes unless the contrary is shown.-(Ap-
proved March %, 1gl2.)