Section 115.543

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 28 Aug 1993   

  115.543.  Court to appoint persons making recount — persons authorized to be present during recount. — Whenever a recount is ordered pursuant to section 115.539 or 115.601, the court shall determine the number of persons necessary to assist with the recount and shall appoint such persons equally from lists submitted to the court by the contestant and the contestee.  Each person appointed pursuant to this section shall be a disinterested person and a registered voter of the area in which the contested election was held.  Each person so appointed shall take the oath prescribed for and receive the same pay as an election judge in the jurisdiction where he is registered.  After being sworn not to disclose any facts uncovered by the recount, except those which are contained in the court report, the contestant and the contestee shall be permitted to be present in person or represented by an attorney at the recount to observe the recount.  Each recount shall be completed under the supervision of the court, and the persons appointed to assist with the recount shall perform such duties as the court shall direct.  Upon completion of any duties prescribed by the court, the persons appointed to assist with the recount shall make a written and signed report of their findings to the court.  The findings of the persons appointed to assist with the recount shall be prima facie evidence of the facts stated therein, but any person present at the examination of the votes may be a witness to contradict the findings.  No one other than the election authority, representatives of the court, the contestant and contestee, their attorneys, and those specifically appointed by the court to assist with the recount shall be present during any recount ordered pursuant to the provisions of section 115.539.

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(L. 1977 H.B. 101 § 13.040, A.L. 1993 S.B. 31)