| OCR Text |
Show CONTEST SUIT STIRS INTEREST i. ; " t 1 Judge May Recount Votes LOSER MUST PAY COURT COSTS With the announcement that the Democratic itnrty workers have decided de-cided to contest the election of three of the candidates named v.t the recent re-cent election to beeome officers of Utah county, consider able interest is manifest in contest proceedings. The elections to he contested by the emocnits are those of Martin S. Christiansen of .Pleasant drove, for four-year term county commissioner commission-er ; .John Taylor of l'nyson, for county treasurer, and John D. Boyd of Provo for sheriff. Grounds for Contests The grounds on which the defeated defeat-ed candidates will institute the eon-tests eon-tests have not been divulged by the committee in charge of (he matter. According to the election laws of I'tali, the election of any person to any public office may be contested for the following reasons: 1. For malcomiuct, fraud, or corruption cor-ruption on the part of the judges of election at any polling place, or of any board of convessers, or any member of either board, sufficient to change the result; 2. When the person declared elected elec-ted has given or offered to any elector elec-tor or any judge or canvasser of the election, any bribe or regard in money, property, or anything of i value, for the purpose of -procuring his election, or has committed any other offense against the elective franchise defined by law. 4. When illegal votes have been received, or legal votes have been rejected at the polls sufficient to change the result ; 5. For any error of any board of canvassers or of the judges of election elec-tion in counting the votes or declaring declar-ing the result of the election if the error would change the result; . U. For any other cause wjhieh. shows that another: person was legally elected. When an elector contests the right of any person declared elected to such office, he must, within forty days after the board of canvassers meets to canvass the returns, file with the clerk of the district court of the county a written statement, setting forth specifically : 1. The name of the party contesting con-testing the election, and that he is an elector of the comity; 2. The name of the person whose right to the office is contested; A. The office ; 4. The particular grounds of such contest. Judge to Set Date After the statement has been filed and the clerk has notified the judge of the district court thereof, the judge must name a day not less than ten nor more than 30 days from the date of the filing of such tatement, to hear and determine the contested election. The court must meet at the time and place designated and shall have all the powers necessary to the determination de-termination thereof. It may adjourn the hearing and trial from day to dav until such trial is ended and may also continue the trial before its commencement, for any time not exceeding 20 days, for good cause shown by either party upon affidavit, affi-davit, at the cost of the party applying apply-ing for such continuance. Ballots May Be Inspected After hearing the proofs and allegations alle-gations of the parties, the courts must pronounce judgment in the premises, either confirming or annulling an-nulling and setting aside such election. elec-tion. If an inspection of the ballots of any election district shall be necessary nec-essary for the determination of any court, the judge thereof may, by order, naming the district, require the proper officer to procure the same from the person in whose possession pos-session or custody the same may be, and such custodian shall deliver the same to said officer, who shall deliver de-liver them "unopened to such judge. The judge shall open and inspect the same in open court in the presence pres-ence of the parties or their attorneys, attor-neys, and immediately after such inspection shall seal them in an envelope en-velope and return them to the office of-fice of the legal custodian. If in any such case it appears that a person other than the one returned re-turned has the highest number of iegal votes, the court must declare such person elected. Judgment for Costs If the proceedings are dismissed for insufficiency, or want of prosecution, prose-cution, or the election is by the court confirmed, judgment for costs mist be rendered against the party contesting 'such election, and in favor of the party whose election was contested. If the election is annulled an-nulled and set aside, judgment for costs must be rendered against the party whose election was contested and in favor of the party contesting the same. Primarily, each party is liable for the costs created by himself, to the officers and witnesses wit-nesses entitled thereto, which may be collected in the same manner as similar costs are collected in other cases. |
