The Breckenridge news. (Cloverport, Ky.) 1876-1955, 1912-03-13

tOrial district. On the fourteenth day
after such primary nominating cleo
ton the state board of election COM
missioners shall meet at the Capitol
and canvass the returns of said pri-
mary election that has been certified
and filed with the secretary of state
for all the political parties entitled to
participate in such primary nominal
ing election, and after they have COM
pleted the tabulation and canvass of
the returns of said primary nominat-
ing election they shall Immediately
certify to the same, and they shall
issue to the candidate of each politi-
cal party receiving the highest num-
Der of votes for the Office for which
he was a candidate a certificate of
nomination, which certificate shall,
not less than 30 days next before the
day on which the general election is
held, be filed in the ofIico of the sec
rotary OF state.
Court Review.
Sec. 81. Whenever IL shall be made
to apper by affidavit fled in the cir
cult court that an error or omission
has occurred, or is about to occur, in
the placing of any name on an official
primary ballot, or that an error or
wrong has been committed, or is
about to be committed in printing
such ballot, or in the performance of
any duty imposed by this act, the
court shall order the officer or person
charged with such error, wrong or
neglect, forthwith to correct the
error, desist from the wrongful act
or perform the duty, or show cause
why he should not be compelled to
do so. Failure to obey the orders OF
the Judge or court shall be contempt
of court and punishable as such. IL
the circuit court be not in session in
the county the circuit Judge shall
hear and determine the complaint in
vacation unless he be absent from
the county. in which case said affi-
davit shall be filed before the judge
of the county court, who shall have
full power to hear and determine the
complaint and make appropriate or
ders therein The orders of court
or Judge under this section shall be
final and not appealable. Only can
didates may institute proceedings I'M
der this section. In case a charge
the secretary of state or any other
state officer, the affidavit shall be
filed in the Franklin circuit court.
Contests.
Sec. 2S. Any candidate wishing to
contest the nomination of any other
candidate who was voted for at any
primary election held under this act
shall give notice in writing to the
person whose nomination he intends
to contest, stating the grounds of such
contest, within five days from the
time the election commissioners shall
have awarded the certificate of nomi-
nation to such candidate whose nomi-
nation is contested. Said notice shall
be served in the same manner as a
summons from the circuit court, and
shall warn the contestee of the time
and place, when and where the con-
testee shall be required to answer
and defend such contest, which shall
not be less than three, nor more
than 10 days after the service there
of. Such contest shall be tried by
the judge of the circuit court of the
county in which the contestee re-
sides or is served. Upon return OF
said notice, properly executed as
herein provided, to the Office of the
circuit clerk of the county in which
said contestee resides or is served
with such notice OF contest, it shall
be the duty of the clerk of the cir
cult court to Immediately docket said
cause and to Immediately notify the
presiding Judge of the circuit court
Of said county that such contest has
been instituted; provided, that in
counties constituting separate circuit
court districts and having more than
one circuit Judge. the judge who shall
hear and determine such cause shall
be determined by lot. In trying such
contests the court shall hear and de-
termine all questions of law and fact
without the intervention of jury,
and may examine the witnesses Or
ally or require the parties to take
the evidence by dispositions. in the
discretion of the court, or as may be
agreed by the parties; provided, how
ever. that II the evidence is taken
orally either party may have the
right to require 1t to be taken by the
official stenographer or reporter for
the court.
The court may require the contest
ant, or the person who has the bur-
den Of proof under the issues Joined,
to complete his proof in not less than
five days, and the contestee, or the
person not having the burden. to
complete his proof in not less than
five days thereafter, and each party
may be given one day additional for
producing evidence In rebuttal, and
no greater time shall be extended un.
less the court be satisfied that the
ends Of justice demand It. The court
shall, Immediately after the evidence