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Representative

§ 6. Where two or more counties vote together in senatorial and the choice of a Representative or Senator, the can- elections. vassing Boards of election of the respective counties, shall make duplicate written certificates over their signature of the number of votes given in the counties for such Representative or Senator, one copy to be retained in the clerk's office of such county, and the other to be sent immediately by mail by said Board to the canvassing Board of the county in such district having the largest population, which last named Board shall between ten and twelve o'clock in the morning of the second Monday after the election meet in the clerk's office of their county, compare the certificates of the canvassing Boards of the several counties, and therefrom give triplicate certificates of election, in writing over their signatures, of the persons who appear to have received the largest number of votes, one copy of the certificate to be retained in the clerk's office, another delivered to the person elected, and the other forwarded to the Secretary of State at the seat of government.

§ 7. The certificate of election of a county officer shall be in substance in the following form: "Commonwealth of Kentucky, Sct. We, A. B, and C, duly authorized to canvass the returns of the county of do certify, that at an election held in said

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of election of a Justice of the Peace, or constable, shall be altered to show that the election was held in a named district.

§ 8. When the election of a Governor or Lieutenant-Governor is contested, a Board for determining

Certificate.

Contest Board.

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The

the contest shall be formed in the manner following:
First. On the third day after the organization of
the General Assembly which meets next after the
election, the Senate shall select, by lot, three of its
members, and the House of Representatives shall
select, by lot, eight of its members, and the eleven so
selected shall constitute a Board, seven of whom
shall have power to act. Second.
Second. In making the
selection by lot the name of each member present
shall be written on a separate piece of paper, every
such piece being as nearly similar to the other as
may be. Each piece shall be rolled up, so that the
name thereon can not be seen, nor any particular
piece be ascertained or selected by feeling.
whole so prepared, shall be placed by the clerk in a
box on his table and after it has been well shaken,
and the papers therein well intermixed, the clerk
shall draw out one paper, which shall be opened and
read aloud by the presiding officer and so on until
the required number is obtained. The persons whose
names are so drawn shall be members of the Board.
Third. The members of the Board so chosen by the
two Houses shall be sworn by the Speaker of the
House of Representatives to try the contested elec-
tion, and give true judgment thereon, according to
the evidence, unless dissolved before rendering judg-
ment. Fourth. The Board shall, within twenty-
four hours after its election, meet, appoint its chair-
man, and assign a day for hearing the contest, and
adjourn from day to day as its business may require.
Fifth. If any person so selected shall swear that
he can not, without great personal inconvenience,
serve on the Board, or that he feels an undue bias

for or against either of the parties, he may be excused by the House from which he was chosen, from serving on the Board,, and if it appears that a person so selected is related to either party, or is liable to any other proper objection on the score of its partiality, he shall be excused. Sixth. Any deficiency in the proper number so created shall be supplied by another draw from the box. Seventh. The Board shall have power to send for persons, papers, and records, to issue attachments therefor, signed by its chairman or clerk, and issue commissions for taking proof. Eighth. Where it shall appear that the candidates receiving the highest number of votes given, have received an equal number the right to the office shall be determined by lot, under the direction of the Board. Where the person returned is found not to have been legally qualified to receive the office at the time of his election, a new election shall be ordered to fill the vacancy; Provided, The first two years of his term shall not have expired. Where another than the person returned shall be found to have received the highest number of legal votes given such other shall be adjudged to be the person elected and entitled to the office. Ninth. No decision shall be made but by the vote of six members. The decision of the Board shall not be final nor conclusive. Such decision shall be reported to the two Houses of the General Assembly, for the further action of the General Assembly. And the General Assembly shall then determine such contest. Tenth. If a new election is required it shall be immediately ordered by proclamation of the Speaker of the House of Representatives to take

place within six weeks thereafter, and on a day not
sooner than thirty days thereafter. Eleventh. When
a new election is ordered or the incumbent adjudged
not to be entitled, his powers shall immediately
cease, and, if the office is not adjudged to another it
shall be deemed to be vacant. Twelth.
If any
member of the board wilfully fails to attend its ses-
sions, he shall be reported to the House to which he
belongs, and thereupon, such House shall in its dis-
cretion, punish him by fine and imprisonment or
both. Thirteenth. If no decision of the board is
given during the then session of the General Assem-
bly, it shall be dissolved, unless by joint resolution
of the two Houses, it is empowered to continue
longer.

§ 9. After an election for Governor, LieutenantCounty Board Governor, or other office elective by the votes of the

to make tificates.

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whole State, or more than one county, or for a Judge of the Court of Appeals, Clerk of that court, Circuit Judge, Commonwealth's Attorney, Representatives in the Congress or electors of President or VicePresident, or for or upon questions or constitutional amendments submitted to a vote of the people, it shall be the duty of the Board of canvassers of returns for each county, immediately after the examination of such returns, to make out two or more certificates in writing, over their signatures, of the number of votes given in the county for each of the candidates for any of said offices, and the number of votes for or against such questions or constitutional amendments. One of the certificates shall be retained in the clerk's office, another the clerk shall send by the next mail, under cover, to the Secretary of State at the seat of government.

§ 10. Said State Board of Election Commissioners, and in the absence of either, the other two, shall be a Board for examining and canvassing the returns of election for any of the offices named in the last Section of this Act. First. It shall be the duty of said Board, when the returns are all in, or on the fourth Monday after the election, whether they are in or not, to make out in the office of the Secretary of State, from the returns made, duplicate certificates, in writing, over their signatures, of the election of those having the highest number of votes, one certificate to be retained in the office and the other sent by mail to the person elected. If all the returns are not made, the right to contest an election shall not be impaired. Second. In the case of the election of a Representative in the Congress, there shall be three certificates, one to be retained in the office, another sent by mail to the clerk of the House of Representatives at the seat of Federal government. Third. It shall be the duty of the Secretary of State, immediately after the comparison of the returns, to cause a statement therefrom of the votes given in every county for each candidate, to be published in two newspapers. Fourth. If two or more persons shall be found to have received the highest and an equal number of votes for the same office so that the election cannot be determined among the candidates by a plurality of the votes, it shall be determined by lot in such manner as the Board may direct, and in the presence of not less than three other persons. Fifth. If one or more of the persons voted for as electors of President is elected, then he or they, when convened to vote for President, shall determine which of the

State Canvass

ing Board.

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