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Voting Said board shall retain in their custody the voting lists lists, un and undistributed and cancelled ballots transmitted to used bal.
them in accordance with the provisions of the preceding lots, etc., custody,
sections, during the same time as is above required by disposition, law for the preservation of ballots; and said board shall
preserve the voting lists for future reference in such manner as they may deem best, and shall cause the cancelled ballots to be destroyed in the same manner as the ballots cast, but may make such disposition of the undistributed ballots as they may deem proper.
RECORDS AND CERTIFICATES OF ELECTION.
to be re
203. In determining the number of votes cast at an Record not election, no record of votes cast or copy of any such
jected when record shall be rejected if the number of votes given for votes can be each candidate for an office can be ascertained.
1893, c. 417, 204. The board of election commissioners shall $ 177.
Examina. forthwith after every state and city election in said city tion of examine the copies of the records made by the election precinct re. officers of each precinct, and if any error appears therein,
rection, etc. they shall forthwith give notice of such error to the elec
Ibid. § 178. tion officers by whom the error has been made; and such election officers shall forthwith make under oath a new and additional record in conformity to the truth, and deliver a copy thereof to said board, and any such additional copy of the records made by the election officers, whether with or without notice as aforesaid, shall be received by said board at any time before the expiration of the day preceding the last day on which such clerk is by law allowed or required to transmit copies of records of the votes cast in the city or within which the results of the election in any such city are by law required to be declared. All original and additional copies of the Examinarecords made as above shall be examined by said board tion of pre
cinct reand made part of the records of such election; and said board shall certify and attest copies of the records of
records, votes for the several candidates, in accordance with the certification requirements of the provisions of said chapter four hun- of copies. dred and seventeen.
205. Said board shall, within ten days from the day Returns of of any election in said city for representatives in con- votes to
secretary, gress, governor, lieutenant-governor, councillor, secretary, treasurer and receiver-general, auditor, attorney-general, Ibid. § 179. commissioners of insolvency, clerk of courts, register of prcbate and insolvency, sheriff, district-attorney, or senator, or for electors of president and vice-president of the United States, transmit to the secretary of the Commonwealth copies of the records of the votes for such officers, which copies shall be attested and sealed by them.
votes in county of Suffolk.
Returns of Said board shall, in like manner, within ten days after an
election in Suffolk County for register of deeds, transmit to the board of aldermen of the city of Boston copies of the records of the votes cast in said city for such register, certified, attested and sealed, as aforesaid.
Said board shall transmit all such copies of the records envelopes of votes in envelopes, upon the outside of which they properly in.
shall specify the offices for which the votes were cast, and, in case officers are elected for divisions of the Commonwealth, the divisions in which the votes are cast.
206. If a copy of the record of the votes cast at ings when
an election in said city and transmitted to the secretary received un
of the Commonwealth, in accordance with the provis1893, C. 417, ions of the preceding section, is received by him not 1So.
sealed as required by law, he shall forthwith give notice of such fact to said board; upon receipt of such notice they shall make and attest another copy of the record of the votes cast at such election, which copy shall be certified by said board and transmitted to the secretary, sealed as required in the case of the original copy. If the second copy is received by the secretary before the copies of the records of the votes are examined and determination is made of the persons appearing to be elected, and if upon examination such copy is found to be in substantial conformity with the original copy of the records, the original copy shall not be rejected for not being sealed as
required by law. On receipt,
207. The secretary of the Commonwealth shall cause a memorandum of the date of the receipt by him of each
copy of the records of the votes, transmitted as required by Ibid. § 181. the provisions of the preceding sections, to be made on the
envelope containing such copy; and if such copy, when required to be sealed, is received unsealed, the secretary shall cause a memorandum of such fact to be made on the copy of the records.
208. The secretary of the Commonwealth shall duly tion by
lay before the governor and council the copies of the governor
records of the votes cast at an election with their seals Ibid. § 182. unbroken. The governor, with five councillors, at least,
memoran. dum to be inade,
votes, ah. stract for news
shall, as soon as may be, open and examine all such copies of the records of votes, and determine what persons appear to be elected to the several offices in accordance therewith. Upon completion of such examination and Returns of determination, the secretary shall furnish to such newspapers published in the Commonwealth, as shall apply therefor, an abstract of the records of the votes examined.
209. The governor, after examination and determina- Certificate tion as provided in the preceding section, shall, in the of examinapresence of at least five councillors, make and subscribe a
1893, C. 417, certificate of the examination of the copies of the records
§ 183 of the votes for governor and lieutenant-governor, for councillors, for secretary, treasurer and receiver-general, auditor, and attorney-general, and for senators, and of the results of such examination, and he shall, in accordance Summons. with the constitution of the commonwealth, issue his summons to such persons as appear to be chosen to the said offices. The governor shall also issue certificates of Certificates election to such persons as appear to be chosen to the of- of election. fices of representatives in congress, commissioners of insolvency, clerks of the courts, registers of probate and insolvency, sheriffs and district attorneys, and such certificates shall be countersigned by the secretary and transmitted by him to the persons so appearing to be elected.
After examination and certification have been To be remade in accordance with the provisions of the preceding turned to sections, the copies of the records of the votes shall be secretary.
Ibid. § 184. replaced in their respective envelopes, and the governor shall deliver them and the certificate of examination thereof, made as provided in the preceding section, to the secretary ; and the secretary shall on the first Wednesday in To be laid January lay the same, together with schedules showing
islature. the number of ballots which appear to have been cast for each person voted for, before the senate and house of representatives.
Except for the above purposes, all the copies of the To be filed records of votes, both original and corrected, which have
tary's office. been duly transmitted to the secretary, shall be kept and remain on file in the office of the secretary, and be there
tial-electors, exami. nation of returns of votes,
Issue of cer.
open to the inspection of any interested party who may
apply therefor. Presiden 211. The copies of the records of the votes for electors
of president and vice-president of the United States shall, in any event, be opened and examined by the governor and council within ten days after the same have been
transmitted to the secretary of the Commonwealth in ac1893, C. 417, cordance with the requirements of the provisions of said § 185.
chapter four hundred and seventeen; and the governor and council, after examining the copies of the records
and ascertaining therefrom the number of votes cast for Proclama electors, shall declare, by proclamation to be printed in tion.
at least one newspaper in each county, the names of the several persons who have received not less than one-fifth of the entire number of votes cast for electors and the number of votes received by each such person.
The several persons, up to the number of electors retificates if quired to be chosen, who have received the highest num
ber of votes as so ascertained, and as to whose election no notice of a contest has been received by the governor in accordance with the provisions of the following section shall, at the expiration of fourteen days from the date of such proclamation, be deemed and taken to be elected; and the governor shall thereupon issue a certificate of election to every such person so found to be elected, and as to whose election no notice of a contest
has been received. Petition of 212. Any person who appears, by the proclamation of certain can- the governor made in accordance with the preceding sec
tion, to have received not less than one-fifth of the entire of election. number of votes cast for electors, may apply by petition to Ibid. § 186. the supreme judicial court for the county of Suffolk, for a
declaration of his election as an elector. Such petition shall set forth the name of every person whose election is contested and the ground for the contest, and shall be filed within seven days from the date of such proclamation. The petitioner shall, upon filing such petition, and before any proceedings are had thereon, recognize to the Commonwealth, in such sum and with such sureties as the
election is not contested.
didates for declaration