66 shall file and Poll books. for not to be re whom Candidates. delivery. delivery. Where deposited. 1552. SEC. 29. The Inspectors shall file the ballots on Inspectors a string, inclose and seal the same together with one of the make returns tally lists and one of the poll books, under cover, directed to the Clerk of the Board of County Commissioners of the county in which such election was held, or such other officer as is herein provided, indorsed Election returns;" provided, that Indorsement. if said Clerk of the Board of Commissioners, as County Clerk, or any one of the following named county officers was voted for office at the last election, he shall not be the custodian of Elector voted such election returns; but such returns shall be directed and custodian. delivered to the county officer who was not a candidate and Election voted for office in the following order: Second-The County Re- turns, to corder. Third-The County Treasurer. Fourth-The County delivered. Assessor. Fifth-The Chairman of the Board of County Com- Order of missioners. Sixth--One of the County Commissioners. And said custodian shall comply with the provisions of section thirty of this Act. The packet thus sealed shall be conveyed by one of Manner of the Inspectors or Clerks of Election, to be determined by lot, if they cannot otherwise agree, or by some other person to be HOW agreed upon by the Inspectors, and delivered to said Clerk of determined. the Board of County Commissioners, or the county officer, as herein provided, at his office, within ten days from the close of Time of the polls. The poll book, tally list, certified copy of register, ballot box and ballots thus inclosed and sealed shall, after the canvass of the votes by the Board of County Commissioners, be deposited in the office of the Clerk of the Board of Commismissioners, and preserved until the next general election. The other poll book and tally list shall be deposited with one of the Inspectors of Election, to be determined by lot, if not otherwise determined, agreed upon, and said poll book and tally list, together with the poll book and tally list deposited with the Board of County Commissioners, shall be subject to the inspection of any elector, at any time thereafter who may wish to examine the same; provided, however, that the ballots so deposited poll book. with the Board of County Commissioners shall not be subject to the inspection of any one, except in cases of contested elec- Contested tions, and then only by the Judge, body or board before whom such election is being contested,--As amended, Stats. 1879, 117. 1553. SEC. 30. On the tenth day (or if that day shall fall Canvassing on Sunday then on the Monday following) after the close of any County Comelection, or sooner, if all the returns be received, the Board of missioners. County Commissioners shall proceed to open said returns and make abstracts of the votes. Such abstract of votes for member or members of Congress shall be on one sheet; the abstract of votes for members of the legislature shall be on one sheet; and the abstract of the votes for district and state officers shall be on one sheet; and the votes for county and township officers shall be on one sheet. And it shall be the duty of the Board of County Commissioners to cause a certificate of election to be made out by the respective Clerks of said Board of County Commissioners, to each of the persons having the highest number of votes for members of the legislature, district, county, and Tally list and elections. by the County Clerk to make abstract of ward same to State forthwith. Justices of township officers respectively, and to deliver such certificate to the person entitled to it on his making application to said Clerk at his office; provided, that when a tie shall exist between two or more persons for the senate or assembly or any other county, district, or township officer, the Board of County Commissioners shall order their Clerk to give notice to the Sheriff of the county, who shall immediately advertise another election, giving at least ten days notice. And it shall be the duty of the said Clerk of said Board of County Commissioners of such county, on receipt of the returns of any general or special election, to make out his certificate of election, stating therein the compensation to which the Inspectors and Clerks of Election may be entitled by law for their services, and lay the same before the Board of Commissioners at their next session; and the said board shall order the compensation aforesaid, if correct, to be paid out of the county treasury. 1554. SEC. 31. The Board of County Commissioners, after making the abstract of votes as provided in section thirty, votes and for- shall cause their Clerk, by an order, made and entered in the Secretary of minutes of their proceedings, to make a copy of said abstract, and forthwith transmit the same to the Secretary of State, at the seat of government. If the Board of County Commissioners should neglect or refuse to make the order, as required by this Act, they, and each of them, shall be guilty of a misdemeanor in office, and shall, on conviction, be liable to a fine of not less than one hundred dollars, or more than five hundred dollars, each, and imprisonment in the county jail for not less than ten, and not more than one hundred days, each, or both such fine and imprisonment, and shall be removed from office. And on the third Monday of December succeeding such election, the Chief Justice of the Supreme Court, and the Associate Justices, or a majority thereof, shall meet at the office of the Secretary of State, and shall open and canvass the vote for members of Governor to Congress, district and state officers; and the Governor shall grant a certificate of election to and commission the persons having the highest number of votes, and shall also issue Case of tie proclamation, declaring the election of such persons. But in legislature to case there shall be no choice, by reason of any two or more persons having an equal and the highest number of votes for the same office, the senate and assembly shall convene in the assembly chamber, on the second Monday of February, at the next regular session of the legislature after such election, and by joint vote of both houses, elect one of said persons to fill said office; provided, when an election for electors of President or Vice-President of the United States takes place, the vote thereof shall be canvassed in the manner aforesaid, on the fourth Moncertain time. day after such election is held.-As amended, Stats. 1881, 40. 1555. SEC. 32. No certificate shall be withheld on account informity of any defect or informality in the returns of any election, if it can with reasonable certainty be ascertained from such returns what office is intended, and who is entitled to such certificate; nor shall any commission be withheld by the Governor, or grant certifi cate of election. and no choice elect. President and VicePresident. votes to be canvassed at Defect or returns. Board of County Commissioners on account of any such defect Certificate or informality of any returns made to the office of the Secretary withheld of State or to the Board of County Commissioners. returns. 1556. SEC. 33. If the returns of the election of any county Delayed in the state shall not be received at the office of the Secretary of ret State on or before said third Monday of December succeeding such election, the said Secretary may forthwith send a messenger to the Clerk of the Board of County Commissioners of such county, whose duty it shall be to furnish said messenger with a copy of such returns; and the said messenger shall be paid out of the treasury of such county the sum of thirty cents for each mile he shall necessarily travel in going to and returning from said county. Whenever it shall be necessary, in the Messenger, opinion of the Board of County Commissioners, to employ a messenger to convey the returns to the seat of government, and deliver them to the Secretary of State, the person performing such service shall also be entitled to receive, as compensation, mileage at the rate of thirty cents per mile, computing the distance from the county seat to the seat of government by the usual traveled route. etc. made. votes. 1357. SEC. 34. When two or more counties are united in District one senatorial, representative, or judicial district for the election returns, how of any officers, the Board of County Commissioners of each county shall canvass the votes, according to law, of the voters of their respective counties for said officer or officers; and the Abstract of Commissioners of the county whose initial is the lowest on the alphabet shall transmit to the Commissioners of the county of the highest initial a copy of the abstract of the votes for such officer or officers, when the said last Commissioners shall make a final abstract and aggregate of said votes, and shall proceed to cause to be issued certificates of election, and otherwise to act as is provided in this and the two preceding sections. Clerk's duties 1558. SEC. 35. Whenever the returns are required to be county transmitted by one Clerk of a Board of County Commissioners in transmitto the Secretary of State, it shall be the duty of such Clerk, if ting abstract. not otherwise directed by the Board of County Commissioners, to deliver the same to, some Postmaster of the county, at the postoffice, to be transmitted by mail, taking from such Postmaster, if it can be obtained, a certificate setting forth the time when such reports were deposited in the postoffice, which certificate the Clerk shall file in his office. If the Clerk of the Penalty and Board of County Commissioners should neglect, or refuse to make out and transmit, the returns, or abstract, as required by failure. this Act, he shall be deemed guilty of a misdemeanor in office, and, upon conviction thereof, shall be fined in any sum not less than one hundred dollars, or more than five hundred dollars, and imprisonment in the county jail for not less than one month, or more than six months, or both such fine and imprisonment, in the discretion of the court, and shall be removed from office.As amende, Stats. 1881, 40. 1559. SEC. 36. There shall be allowed, out of the county treasury of such county, to the several Inspectors and Clerks of fine for neglect or Compensa tion of elec Election, five dollars per diem, and to the person carrying the tion officers poll books from the place of election to the Clerk's office, and to the Clerk of the Board of County Commissioners, for attending at another county to canvass votes, the sum of thirty cents per mile for going and returning, to be paid out of the county treasury. Contesting election. By whom made. For what causes. For malconduct of Inspectors. Statement to be filed. Proceedings when contest for illegal votes. 1560. SEC. 37. Any elector, of the proper county, may contest the right of any person declared duly elected to an office exercised in and for such county; and, also, any elector of a township may contest the right of any person declared duly elected to any office in and for such township, for any of the following causes: First-For malconduct on the part of the Board of Inspectors, or any member thereof. Second-When the person whose right to the office is contested was not at the time of election eligible to such office. 1561. SEC. 38. When any election, held for an office exercised in and for a county, is contested on account of any malconduct on the part of the Board of Inspectors of any precinct, or any member thereof, the election shall not be annulled and set aside upon any proof thereof, unless the rejection of the vote of such precinct shall change the result as to such office in the remaining vote of the county. 1562. SEC. 39. When any elector shall choose to contest the right of any person declared duly elected to such office, he shall, within forty days thereafter, file with the Clerk of the district court a written statement, setting forth, specifically: First-The name of the party contesting such election, and that he is a qualified elector of the district, county, or precinct (as) the case may be), in which such election was held. SecondThe name of the person whose right to the office is contested. Third-The office. Fourth--The particular cause or causes of such contest. Said statement shall be verified by the affidavit of the contesting party that the matters and things therein contained are true, to the best of his knowledge and belief. 1563. SEC. 40. When the reception of illegal votes is alleged as a cause of contest, it shall be sufficient to state generally that illegal votes were given to the person whose election is contested in the specified precinct or precincts, which, if taken from him, will reduce the number of his legal votes below the number of legal votes given to some other person for the same office; but no testimony shall be received of illegal votes unless the party contesting such election shall deliver to the opposite party, at least three days before such trial, a written list of the number of illegal votes, and by whom given, which he intends to prove on such trial; and no testimony shall be received of any illegal votes except such as are specified in such list; provided, that in all cases of contested elections, the district court of the respective districts shall have original jurisdiction to try and determine all such cases, and may, by mandamus or otherwise, obtain all documentary evidence required by either of the parties litigant. Greeley v. Holland, 14 Nev. 320. rejected or 1364. SEC. 41. No statement of the cause of contest shall Statement be rejected, nor the proceedings thereon dismissed, by any court not to be before which such contest may be brought for trial, for want proceedings of form, if the particular cause or causes of contest shall be want of form. alleged with such certainty as will sufficiently advise the defendant of the particular proceedings or cause for which such election is contested. dismissed for place for fixed. 1565. Sec. 42. Upon such statement being filed, it shall Time and be the duty of the Clerk of the district court to inform the Judge hearing conthereof, who shall fix the time and place to hear and determine test, how such contested election; and the Clerk shall give notice thereof, not less than ten nor more than twenty days from the date of such notice, to the parties contesting, which said notice shall be served by the Sheriff of the county upon the respective parties, as in other cases. 1566. SEc. 43. The said Clerk shall issue subpoenas and Witnesses. subpoenas duces tecum, as in civil actions at law, for witnesses in such contested election, at the request of either party, which shall be served by the Sheriff as other subpoenas; and the district court shall have full power to issue attachments to compel the attendance of witnesses who shall fail to attend, who shall have been duly subpoenaed. election. 1567. SEC. 44. Upon the certified copy of a judgment of Certificate of the district court, or a certified copy of the judgment of the supreme court, as the case may be, the Clerk of the Board of County Commissioners shall issue a certificate to the person To whom declared to be entitled to such certificate of election. 1568. shall issue. and witnesses SEC. 45. The Clerk, Sheriff, and witnesses shall Fees of receive, respectively, the same fees from the party against whom Clerk, Sheriff the judgment is given as are allowed for similar services in the district court. become 1569. SEC. 46. Whenever an election shall be annulled Office, when appeal has been taken therefrom within thirty days, such cerand set aside by the judgment of the district court, and no vacant. tificate, if any has been issued, shall thereby be rendered void, and the office become vacant. 1370. election of District SEC. 47. In case of any contest in regard to any Contest of election to fill the office of District Judge, such contest shall be f tried in like manner before the district court of the district Judge. nearest adjoining thereto. 1571. SEC. 48. Any such action may be brought by the District AtDistrict Attorney, in the name of the State of Nevada, upon own information, his torney may bring action or upon the complaint of any private party, for unlaw against any person who unlawfully holds any public office a 1572. SEC. 49. Whenever such action is brought, the Dis- fully holding office. |