Page 27 - index

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26 MUNICIPAL LAW.
Jippointetl to attend the recount of the votes, and no other, except by
sanction of the Judire.
10?J. Deposit by Applicant. The applicant, at the time of making
the application for the recount, must deposit $25 with the Clerk of the
County Court as security for the costs, etc., but which mu.st not be paid out
except bj' an order of the Judge,
Costs are to be discretionary with the Judge.
103. Procedure on Recounts. The County Judge shall examine
all tlie ballot papers. He shall make a note of any objections made by a
candidate or his agent to any ballot paper found in the ballot box, and
decide tin; question, and the decision of the Judge shall be final.
He shall then count up all the votes given for each candidate, upon
the ballot pajiias not rejected, and prepare a writt"n statement giving the
results untler the following heads:
1. Name of municipality.
'2. Names of the candidates.
3. Number of votes for each candidate.
4. Papers wanting signature or initials of the Deputy Returnin*j
Officer.
5. Papers rejected as having voted for more candidates than
entitled to.
fi. Papers rejected as having a writing or mark by which the voter
can be identified, or as torn, defaced or othei'wise dealt with by the voter
so that he can thereby be identified.
7. Papers rejected as unmarked or void for imcertainty.
As soon as he has completed the recount and ascertained the result of
the poll the County Judge shall seal up all the ballot papers in separate
packets and forthwith certify the result to the Clerk of the Municipality,
who shall then declare elected the candidate having the highest number
of votes, and in case of ecjuality the Clerk has the easting vote.
A recount cannot prevent any remedy which any person has by
quo ivavninto or otherwise.
Any papers or documents relating to the specific election produced
by the Clerk, under an order of the Judge, shall be conclusive evidence.
104. Offences. (1) No person shall, without authority, supply a
l)all()t paper to any person : or,
(2) Fraudulently put into any ballot box any paper other than the
ballot paper which he is authorized by law to put in : or,
(:{) Frauchdently take out of the polling place any ballot paper; or,
(4) Without <lue authority destroy, take, o])en or otherwise interfere
with any ballot bo.v ov packet ol' ballot papers then in u,sc for the purposes
of the election ; or,
(5) Apply for a ballot paper in the name of some other person, whether
such name is that of a person living or ilead or of a fictitious person ; or
advise or aid. or counsel or procuic any other person so to do : or
((i) Having voted (mce, and not l)eing entitled to vote again at an
election, a])ply at the same election for a ballot paper in his own name, or
advise or aid. or coun.sel any other person so to do.