6981c. Election boards and officers.-3. The board and officers for such election shall consist of one inspector, one judge, one clerk, all to be appointed by the board of county commissioners at least ten days prior to such election. The party casting the highest vote in such county at the preceding general election for the office of secretary of state shall be entitled to nominate the inspector, and clerk the party casting the next highest vote in such county at the preceding general election for the office of secretary of state shall be entitled to nominate the judge. If nominations are not made for any of said offices the board of commissioners shall appoint qualified voters to act, who shall be of the party failing to so nominate a candidate. The compensation of said officers shall be the same and paid in the same manner as for like services at primary elections. 6981d. Qualification of voters-Counting of votes.-4. The qualifications of voters at such election shall be the same as for general elections except the formalities required by the registration law shall be dispensed with. Any voter desiring to vote for a given proposed amendment shall make a cross in the square opposite the words "For the amendment" and any voter desiring to vote against a proposed amendment shall make a cross in the square opposite the words "Against the amendment". If a voter shall fail to indicate his choice as to some of the proposed amendments his ballot shall be rejected only as to the proposed amendments for or against which he failed to indicate his choice and shall be counted as to those in relation to which his choice was properly indicated. 6981e. Laws to be observed.-5. In so far as applicable and not inconsistent with the provisions of this act the laws of this state governing general elections shall be observed and followed by the different boards and officers in providing for said special election, in conducting it and in making the returns and canvass of votes including all penal laws for fraudulent voting or other illegal acts. The hours of the voting shall be the same as at general elections. 6981f. Election returns-Proclamation of governor.-6. The board of election of each precinct shall count the votes for and against each proposed amendment separately, and also the whole number of electors who voted at the election, and certify all said numbers, specifying separately the number of votes cast for each proposed amendment and the number cast against each, and the whole number of electors who voted at the election, over their signatures or the signatures of a majority of them to the clerk of the circuit vourt [court] in their county within two days after the election. The clerk of each county shall, within four days after said election, ascertain from such certificates the total vote in said county for and against each proposed amendment separately, and also the whole number of electors who voted at the election, and certify the same to the secretary of state. The secretary of state shall, as soon as possible after the election, determine from said certificates of the clerks of the circuit courts of the several counties, the total vote cast in the state for and against each proposed amendment separately and also the total number of electors who voted at the election, and certify the same to the governor; and the governor shall immediately issue and publish a proclamation, declaring therein the number of votes cast in the sate, for and against each proposed amendment separately, and also the whole number of electors who voted at the election. And if it shall appear that the number of votes cast in the state for any one or more of said proposed amendments was greater than the number of votes cast against the same amendment, and equal to a majority of all the electors who voted at the election, then each such amendment shall be deemed and taken to have been ratified by the electors of the state, and become part of the constitution, and shall be so declared by the governor in said proclamation. But if it shall appear that any proposed amendment has received in its favor a number of votes less than a majority of all the electors who voted at the election, then each such amendment shall be deemed and taken to have been rejected by the electors of the state and shall be so declared by the governor in said proclamation. For the purpose of the ratification or rejection of said proposed amendments, and each of them, the number of electors who shall vote at the election herein provided for, shall be conclusively taken and deemed to be the whole number of electors in the state. The certificate of the secretary of state herein provided for, and the proclamation of the governor based thereon, shall be final and conclusive evidence of the number of votes cast for and against each amendment, and of the whole number of electors who voted at the election, and of the ratification or rejection of each proposed amendment, as the case may be. 6981g. Validity of election.-7. It shall be the duty of every officer charged with any service under this act to perform the same with the utmost promptness and fidelity, but the failure of any such officer or officers to perform any such duty in the time or manner herein directed, or the failure of the electors in any precinct or county to hold an election as herein provided, shall not in any manner affect the validity of such election. Section 8 of the above act provides that the act be in force and effect from and after its passage. SEC. ARTICLE 4.-RECOUNTING. 6990. When candidate may have recount. 6991. Proceedings to obtain recount. SEC. 6992. Order for recounting-How conducted. 6993. Certificate of recount, evidence. 6990. When candidate may have recount. When a statute providing for the recounting of the ballots polled at an election has not been repealed by subsequent statutes. State ex rel. v. Thornburg, 177 Ind. 178, 97 N. E. 534; Goecker v. McOsker, 177 Ind. 607, 98 N. E. 724. Petitions for a recount of ballots cast at an election must be filed in the circuit court or with the judge thereof within the time fixed by statute. Goecker v. McOsker, 177 Ind. 607, 98 N. E. 724. In view of this section and sections 6991, 6992, a proceeding for a recount of ballots is merely ministerial, the certificate of the commissioners appointed by the court or judge not having any greater weight than that of the board of election commissioners, and an objection to the admissibility of such certificate is not a collateral attack on the judgment. Williams v. Bell, 184 Ind. 156, 110 N. E. 753. A certificate issued by the board of election commissioners appointed under this section may properly be excluded from evidence, where no two of the commissioners are members of opposite political parties. Williams v. Bell, 184 Ind. 156, 110 N. E. 753. 6991. Proceedings to obtain recount. The court is not authorized to appoint commissioners to make a recount of the votes cast at an election until the person applying for a recount has filed a bond for the payment of the costs as provided by statute. Watkins v. Forkner, 50 App. 35, 97 N. E. 1020. See note to section 6990. An order dismissing a petition for recount of ballots cast for township trustee is not appealable, since Stat., sections 6990-6994, relating to recount, is a special statute which contains no provision for appeal. Layman v. Dixon, 63 App. 501, 114 N. E. 698. A petition under this section for recount of ballots cast for township trustee which does not show that the plaintiff desires to contest such election, was held insufficient to call for the action of the court in such matter. Layman v. Dixon, 63 App. 501, 114 N. E. 698. 6992. Order for recounting-How conducted. See note to section 6990. 6993. Certificate of recount, evidence. The certificate of a recount of the votes cast at an election made by the commissioners appointed to make a recount is evidence of the facts therein stated, and may be used as evidence in any contest for the office between opposing candidates. Williams v. Bell, 184 Ind. 156, 110 N. E. 753. A certificate of election, issued by the board of recount, is prima facie evidence of title to the office, and overthrows the certificate of the board of election commissioners. Williams v. Bell, 184 Ind. 156, 110 N. E. 753. This section and sections 7010, 7013, although an election contest must in the first instance be tried by the board of county commissioners (sections 6026, 7014), authorize an appeal to the circuit court, where the contest shall be tried de novo, and a contestant who offered evidence before the board of commissioners is not estopped from appealing from an adverse judgment. Williams v. Bell, 184 Ind. 156, 110 N. E. 753. 7008. Causes for contest. Petitions for the contest of elections are not required to set forth the cause of contest with great particularity, but if the facts stated show that the contestor received the greatest number of legal votes it will be sufficient. Goecker v. McOsker, 177 Ind. 607, 98 N. E. 724. 7010. Contest for local offices. See note to section 6995. 7013. Subpoenaes, trial of contest. In the contest of an election, the ballots cast by qualified electors and preserved as cast, are the primary and best evidence of who received the highest number of votes. Goecker v. McOsker, 177 Ind. 607, 98 N. E. 724. When there has been a recount of the votes cast at an election, the certificate made by the recounting commissioners as the result of the recount is evidence of the facts therein stated, and may be used as evidence in any contest for the office between opposing candidates. Williams v. Bell, 184 Ind. 156, 110 N. E. 758. See note to section 6995. 7014. Appeals. See note to section 6995. [Acts 1919, p. 116. In force March 7, 1919.] 7020. Appeal to supreme court, bond.-91. In all cases of contested elections decided by the circuit court, on appeal from the board of commissioners, the party feeling aggrieved by the judgment of said court may appeal therefrom to the supreme court as in other civil cases. If such appellant be already in possession of the contested office, or be the holder of a certificate of election thereto, issued by the board of canvassers or other proper official, and shall execute an appeal bond in a sum to be fixed by the court, sufficient to cover the emoluments of the office, with sureties to the approval of the court, payable to the other party, within thirty (30) days from the date of such judgment, his rights in and to such office shall not be disturbed pending such appeal; and in case he elects not to execute such bond, but takes a vacation appeal and perfects the same within ninety (90) days from the final judgment in said cause, then the contestor may file a like bond, payable to the other party, with surety to be approved by said court, and thereupon shall be entitled to the possession of such office pending said appeal; but if he shall not file such bond within one hundred (100) days from the date of final judgment in said cause, then the right to the possession of such office shall remain and be in the incumbent, or person holding the official certificate of election thereto, notwithstanding said judgment, until the final determination of said appeal. And upon the final determination of said cause, any party thereby adjudged to be entitled to said office, who has been deprived of the possession thereof, and who has been kept out of the possession thereof pending said appeal shall have a right of action on the bond of the other party, for the amount of the emoluments of such office, during such time. This section amends section 7020 Revision of 1914. Section 2 of this act provides that the act be in force and effect from and after its passage. [Acts 1921, p. 198. In force March 8, 1921.] 7020a. Contest, election by voting machines and paper ballots.-1. At any time within ten (10) days after the Thursday next succeeding any election, wherein the votes are cast by means of voting machines and paper ballots, any candidates for office at such elections, desiring to contest the same, may petition, in writing, the circuit court, if in session, or the judge thereof in vacation, for a recount of the votes. cast within the bounds of the county wherein such court has jurisdiction. 7020b. Petition for recount, bond.-2. Upon the petition of such candidate, duly verified, showing that he desires to contest such election, and honestly believes that said machine, or machines, was defective, or was tampered with unlawfully, or there was mistake or fraud committed in the official count of the vote as recorded by said machine, or machines, or in the official count of the paper ballots cast, in any voting precinct or precincts within said county, and that he desires a recount and correction of the votes cast on said machine, or machines, and the paper ballots cast, at said election for the office for which he was a candidate, and upon his furnishing a written undertaking, with sufficient corporate or freehold security, that he will pay all costs of |