§ 17-15-35 - Hearing on recount or protest – Notice – Declaration of nomination or election.
SECTION 17-15-35
§ 17-15-35 Hearing on recount or protest– Notice – Declaration of nomination or election. – (a) Immediately upon the filing of a protest or request, the state board shallcause notice in writing to be served in any manner that it directs, at theexpense of the petitioner, upon all other candidates of the same politicalparty for the same office receiving votes at the primary, and shall give noticein some public newspaper of general circulation in the voting district ordistricts where the primary took place of the making of the request or protestand the time and place of the hearing, which time shall be not less than onenor more than three (3) weekdays after the publication of the notice. At thehearing all candidates who may be affected by a recount may be heard in personor by their representative. The hearing and the examination of the votingequipment or the recounting of the ballots, as the case may be, as may benecessary, shall be conducted in a summary and expeditious manner, but theresult of the voting as determined by the state board shall not be altered orchanged by the board except upon satisfactory proof of its incorrectness.Following the hearing, the state board shall declare what person, if any, waslawfully nominated or elected, and shall issue or direct the local board toissue a certificate of the nomination or election to that person.
(b) Recounts shall be conducted in the manner set forth inchapter 19 of this title.