Section 115.587

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 01 Jan 1978, see footnote   

  115.587.  Persons conducting recount, how selected. — Whenever a recount is ordered pursuant to section 115.583 or 115.601, the court or legislative body shall determine the number of persons necessary to assist with the recount and shall appoint such persons equally from lists submitted to the court or legislative body 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 or legislative report, the contestant and the contestee shall be permitted to be present in person or represented by an attorney at the recount and to observe the recount.  Each recount shall be completed under the supervision of the court or legislative body, and the persons appointed to assist with the recount shall perform such duties as the court or legislative body shall direct.  Upon completion of any duties prescribed by the court or legislative body, the persons appointed to assist with the recount shall make a written and signed report of their findings to the court or legislative body.  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 heard as a witness to contradict the findings.  No one other than the election authority, representatives of the court or legislative body, the contestant and contestee, their attorneys, and those specifically appointed by the court or legislative body to assist with the recount shall be present during any recount ordered pursuant to the provisions of section 115.583 or 115.601.

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(L. 1977 H.B. 101 § 13.415)

Effective 1-01-78