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Ibid. § 203•

number of

Proof of re 225. Proof that a copy of the records of the votes at an turn, etc.,

election was properly addressed to the person to whom it mailed, etc.,

was by law required to be transmitted or delivered, and bar to com. plaint, etc.

was duly deposited in the post-office within the time fixed 1893, C. 417, by law for transmission or delivery, shall be a bar to any § 202.

complaint for delinquency. Number of 226. Said board shall, within fifteen days after the day

of an election in said city of state or city officers, certify to

the secretary of the Commonwealth the total number of be returned.

names of male and female voters checked on the voting list as having voted at such election in each voting precinct

in said city. Report of

227. The secretary of the Commonwealth shall, on or

before the first day of February in each year, report to assessed polls, regis.

the general court the number of assessed polls, the numtered voters ber of registered male and female voters at the date of the

last preceding annual state election and city election, and

the total number of persons, both male and female, who candidate

voted at each such election in said city, and in every

voting precinct of said city, together with the number of 1894, C. 200. votes received by each candidate for a state office at the

preceding annual state election, as returned to his office; and he shall include in such report a concise statement of other matters relating to elections, with such suggestions as he may deem advisable. The report of the secretary shall be one of the series of public documents, and fifteen hundred copies thereof shall be annually printed.

and votes for each

for state office.

RECOUNTS OF VOTES.

board of election

retain
ballots.

228. If, within the thirty days next succeeding the Contested day of an election, a person who has received votes for election, any office at such election, shall, by himself, or by his agent or attorney, serve upon the board of election com- commis. missioners a statement in writing claiming an election sioners to to such office, or declaring an intention to contest the election thereto of any other person, said board shall

1893, c. 417, retain every envelope containing the ballots for such office § 206. cast at the election, sealed as provided by law, until such claim is withdrawn or the contest for the election is finally determined by the competent authority. Every envelope Ballots subwith the ballots shall, however, be and remain subject to ject to the order of the body to which

order, etc. such person claims or

any may be held to have been elected, or to the order of the officers required by law finally to examine the records or copies of the records and to issue certificates of election to such office, or to the order of a court having jurisdiction of the matter. Any such body or officers may order said Contested board to appear before them and bring with them every such election, reenvelope with the ballots. Said board shall, in response to

ballots, the order, appear with the envelopes and ballots, and such

amendment body or officers may open the envelopes, recount the bal- of records. lots therein and amend any record or copy thereof made by them in relation to such office in accordance with the result of the recount.

229. If, within the six days next succeeding the day of Recount of any election in any ward of said city, ten or more qualified ballots. voters of such ward shall sign, swear to and file with 895, C. 449,

$ said board of election commissioners a statement that they have reason to believe and do believe that the records (or copies of records) made by the election officers of certain precincts in said wards are erroneous (specifying wherein they deem they are in error), and that they believe a recount of the ballots cast in such precincts will affect the election of one or more candidates voted for at such election (specifying the candidates), or will affect the decision of a question voted upon at such election (specifying the

count of

Certain

persons

may be

After recount,

sealed up,

etc.

question), said board shall without delay open the en

velopes containing said ballots, recount the same and May

determine the questions raised. Said board may employ employ

such assistance as they deem necessary in making any assistance.

such recount; and the chairman of the city committee representing the largest political party and the chairman of the city committee representing the second largest political party may, in writing, designate two persons, or such further number as said commissioners may allow, to be present and witness the count, and said board shall allow each candidate whose election is in question, or his representative, to be present, and said board may allow repre

sentatives of other political parties and other persons to present.

be present and witness the recount. After making any

such recount, said board shall again enclose all such ballots to be ballots in their proper envelopes, seal each envelope with

a seal provided for the purpose, and certify upon each envelope that the same has been opened and again sealed in conformity to law, and shall likewise make and sign a statement of their determination of the question raised, and alter and amend such records as have been found to be erroneous, in accordance with such determination; and the records so amended shall stand as the true records of

the election. Errors, in 230. In the case, however, of an election to fill a vacancy case of elec. in the office of a senator or representative in the general

court, any such statement of ten qualified voters of their vacancies.

belief that errors exist, shall be filed within the two days 1894, c. 385, next succeeding the day of election, and the examination § 1. of ballots shall be made within the three days next suc

ceeding the day of election.

231. If the recount relates to ballots cast upon the to present question of granting licenses for the sale of intoxicating

liquors, or upon any other question required by law to be

submitted to the voters of a city, the petitioners shall, at represent

the time of presenting the petition for a recount, present

in writing the name of a person to represent them at the 1895, C. 299,

tion to fill certain

Petitioners

name of

person to

them at re

count.

recount.

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232. Whenever a recount of ballots cast at an election Candidates is had under the provisions of chapter two hundred and and persons

representninety-nine and chapter four hundred and forty-nine of the

ing peti. acts of eighteen hundred and ninety-five, the board of elec- tioners to be tion commissioners shall, before proceeding to recount the notified. ballots, give notice in writing to the several candidates in- 1895, C. 299, terested in such recount and liable to be affected thereby, or to the person representing the petitioners, of the time and place of making the same, and each such candidate or person representing the petitioners may appear and be present during such recount, either in person, or by an agent appointed by him in writing.

233. All recounts made under the provisions of said Recounts to chapters two hundred and ninety-nine and four hundred

questions and forty-nine shall be upon the questions designated in the

designated petition or petitions for recounts, and no other count shall in petitions. be made or allowed to be made, or other information taken Ibid. § 6. or allowed to be taken from the ballots on such recount.

234. No election officer, or other officer, whose duty it Information is to recount ballots cast at an election, shall, except as given rerequired by law, make any statement or give any informa- garding

challenged tion in regard to a ballot deposited by a challenged voter votes,

1893, C. 417, at such election.

§ 213. 235. Said board shall not declare the result of an Time for election for state or city officers, or of a vote upon the declaring question of granting licenses for the sale of intoxicating liquors therein, until the time for filing a request for a recount of ballots has expired, or, in case such request Ibid. $ 214. has been made, until the ballots have been examined and the returns, if found erroneous, amended in accordance with the provisions of section eight of chapter four hundred and forty-nine of the acts of eighteen hundred and ninety-five, and section four of chapter two hundred and ninety-nine of the acts of eighteen hundred and ninety-five (sections two hundred and twenty-nine and two hundred and thirty-one of this digest), notwithstanding any provision to the contrary in special acts relating to said city. If, upon the expiration of the time allowed for so filing a request for a recount of ballots, no such request

result of elections in Boston.

has been filed, or if, after the ballots have been examined in accordance with such request and such records and certificates as are found erroneous have been amended as aforesaid, said board shall forth with declare the result of the election, and shall thereupon issue certificates of their election to the persons appearing so to be elected. No person so elected to a city office shall act in an official capacity by virtue of such election before notice as aforesaid has been issued.

Persons elected to city offices not to act until notified.

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