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clerk of the House of Representatives at the seat of Federal Government. Third. It shall be the duty of the Secretary of the 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 can not 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 candidates having an equal number of votes shall be deemed to be elected without casting aiiy lot therefor. But if none is elected, then the board shall determine the election by lot between those having the highest and equal number of votes except that they shall be arranged and drawn for in classes, according to their known pledges to vote for the different candidates so that the whole vote of the State may be given to the same person.
§ 11. Where the canvassing board of two or more counties on comparison of the returns, or the board of canvassers for a county, find that two or more have received the highest and equal number of votes for the same office they shall by lot, determine which of the candidates is elected.
§ 12. Said State Board of Election Commissioners, or any two of them, shall be a board for determining the contested election of any officer other than Governor or Lieutenant Governor, elected by the votes of the whole State, or of a judge or clerk of the Court of Appeals, circuit judge, or Commonwealth's attorney. First. Each member of the board, before entering on his duties as such, shall be sworn by some judge or justice to try the contested election, and give true judgment thereon according to the evidence. Second. A majority of the board shall be necessary to a decision, which shall be in writing, and signed in duplicate by the members concurring therein, one copy to be retained in the office of the Secretary of the State, and the other delivered to the successful party, or sent to him by mail. Third. The board shall have power
to send for persons, papers, and records, to issue attachments therefor, signed by its chairman, swear witnesses by its chairman or secretary, and issue commissions for taking proof. Fourth. 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 cast, such other shall be adjudged to be the person elected and entitled to the ofice. The decision of the board shall be final and conclusive. Fifth. The Governor shall immediately after such decision issue the proper commission, or order a new electiori, as the case may require.
§ 13. The County Board of Election Commissioners, or any two of them, shall be a board in each county, with like powers as those mentioned in the next preceding section, for determining the contested election of any officer elective by the voters of the county, or any district therein, excepting members of the General Assembly, and also of any police judge, clerk, marshal or other elective municipal officer, where there is no other provision of law for determining the contested election of such municipal officers. The board shall be governed by the rules mentioned in the next preceding section, where the same are applicable to its duties. The decision of the board shall be given in writing, and signed in triplicate, one copy to be entered or the minutes of the board, another delivered to the successful party, and the other, when necessary for obtaining a commission, sent by mail to the Secretary of State. When the decision so requires, a writ for a new election shall immediately be issued.
$ 14. Said State Board of Election Commissioners shall hold its sessions at the seat of government, at Frankfort, where a suitable room for them shall be provided in some of the State buildings. The members of the board shall be paid for all their services under this act five dollars per day while so in session; provided, that no member of said board shall be paid more than one hundred dollars for
his services in any year. Said board shall provide itself with necessary books, papers, material and postage to enable it to perform the duties with which it is charged by this act. The chairman of said board shall certify to the Auditor of Public Accounts the money so expended by said board, 'and the sums that the members of said board and its secretary are entitled to be paid under this act, and thereupon the Auditor shall draw his warrant upon the Treasurer for the sum so certified, to the end that the same may be paid out of the treasury.
§ 15. The County Board of Election Commissioners shall be paid for all services they may render under this act, two dollars per day while actually in session; but no member of such board shall be paid more than twenty dollars for his services during any year. Said board may provide itself with necessary books and stationery to enable it to perform its duties under this act, the amount of such expenditure, and the number of days the members of said board were actually in session, shall be certified by the chairman of the board to the fiscal court of the county and paid out of the county funds.
$ 16. All acts and parts of acts in conflict with this act are, to the extent of such conflict, repealed.
$17. Because of the frauds that are now perpetrated in elections in this Commonwealth, there is an emergency that this act take immediate effect, and this act shall take effect upon its approval by the Governor or its passage.
Vetoed by the Governor March 10th, 1898.
Passed the Senate on the 11th day of March, 1898, the objections of the Governor to the contrary notwithstanding:
Passed the House of Representatives on the 11th day of March, 1898, the objections of the Governor to the contrary notwithstanding.
DEMOCRATIC STATE CENTRAL AND EXECUTIVE
STATE CENTRAL COMMITTEE.
STATE EXECUTIVE COMMITTEE.
W. S. Tay Frankfort.
Republican Stato Central Committee.-Continued.
ELECTORAL VOTE FOR PRESIDENT, 1896.
FOR MCKINLEY, REP.
S 6 3 24 15 13 12 6 8 15 14 9 4 .10 36
4 32 4 4
FOR BRYAN, DEM.
11 8 1 4 4 13
3 10 1 8 9 17 3 8 3 11 9 4 12 15
3 12 4 3
McKinley's majority, 95.