SEC. 23-15-593. Irregularities in ballot box When the ballot box is opened and examined by the county executive committee in the case of a primary election, or county election commissioners in the case of other elections, and it is found that there have been failures in material particulars to comply with the requirements of Section 23-15-591 and Section 23-15-895 to such an extent that it is impossible to arrive at the will of the voters at such precinct, the entire box may be thrown out unless it be made to appear with reasonable certainty that the irregularities were not deliberately permitted or engaged in by the managers at that box, or by one (1) of them responsible for the wrong or wrongs, for the purpose of electing or defeating a certain candidate or candidates by manipulating the election or the returns thereof at that box in such manner as to have it thrown out; in which latter case the county executive committee, or the county election commission, as appropriate, shall conduct such hearing and make such determination in respect to said box as may appear lawfully just, subject to a judicial review of said matter as elsewhere provided by this chapter. Or the executive committee, or the election commission, or the court upon review, may order another election to be held at that box appointing new managers to hold the same. SOURCES: Derived from 1972 Code Sec. 23-3-19 [Codes, 1942, Sec. 3167; Laws, 1935, ch. 19; Repealed by Laws, 1986, ch. 495, Sec. 333]: En, Laws, 1986, ch. 495, Sec. 188; 1987, ch. 499, Sec. 7, eff from and after July 24, 1987 (the date on which the United States Attorney General interposed no objection to the amendment).
Posted on: Fri, 27 Sep 2013 06:55:24 +0000
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