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after the filing of the notice of contest determine whether there are sufficient grounds stated to justify such contest, and shall thereupon require the contestants to give bond for costs. All of the hearings relating to such contests shall be heard in the courthouse of Franklin County.

3. If such contest involves the recount of ballots, the procedure therefor shall be as follows:

a. Upon the giving of such bond as above provided, and after the court has determined that the notice of contest presents sufficient grounds, the judge of the Franklin Circuit Court shall immediately order the ballots of the counties and precincts in which the recount is demanded sent to the courthouse in Frankfort, Kentucky, in such manner as said judge may designate, and said court may appoint two special commissioners to help make the said recount. The attorneys representing the contestant and the Commonwealth's attorney representing the contestee, as hereinafter provided, may be present at all hearings on such recount. Such special commissioners shall receive $3.00 per day and the actual traveling expenses, when approved by the judge of the Franklin Circuit Court.

b. The contestant and contestee shall each be entitled to appoint one inspector, who shall be allowed to witness the recount.

c. The result of the recount of ballots shall be reported to the court together with all the disputed ballots and any ballots not counted for any reason, within three days after the same shall have been completed. The court after inspecting and passing on such disputed and uncounted ballots shall add such thereof as shall be found to be legal, to the number of legal ballots determined by the recount. In passing on such disputed, uncounted, or any

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other ballots, cast, if it be shown to the satisfaction of the court that such ballots were procured by fraud, duress, bribery, intimidation, or for money or other valuable consideration, such ballot or ballots shall be rejected as illegal and void.

d. Any person who tampers with, or changes the ballots, or opens the receptacles in which the ballots are contained without the order of the court, shall be fined not less than $500.00, nor more than $1,000.00, and be imprisoned in the county jail not less than six months nor more than one year.

4. If, in any of the precincts the error or fraud, or other irregularity is such as to make it impossible to ascertain the correct result, the ballots from such precinct shall be thrown out and considered void.

5. The vote from any precinct shall not be counted when it is proven by the contestants that there was bribery or intimidation of the electors in such precinct and the court finds that the contestants were in the minority in such precinct and were not in any way implicated in the bribery or fraud complained of.

§ 6. Any act or deed denounced as an offense by the general laws of the State concerning elections, shall also be an offense in elections concerning constitutional amendments, and shall be punished in same form and manner as is provided for the punishment of similar offenses by the general laws, unless otherwise provided herein. All laws relating to contested elections for State offices shall apply with equal force to contests of the character contemplated herein, and shall be as effective as though fully set out in this article, except as otherwise provided herein.

§ 8. Not later than thirty days prior to an elec$ tion at which constitutional amendments are to be submitted to the vote of the people, any committee which in good faith advocates or opposes such amendment may file a petition with the sheriff of the county asking that such petitioners be recognized as the committee entitled to nominate inspectors and challengers to serve at the election at which such constitutional amendment is to be voted on. If more than one committee alleging themselves to advocate or oppose the same amendment file such petition the County Board of Election Commissioners shall decide and announce by registered mail, to each committee not less than twenty days immediately preceding the election, which committee is entitled to nominate such challengers and inspectors. Such decision shall not be final but any aggrieved party may institute proceedings in the county court of the respective counties, and upon hearing the county judge shall determine which of such committees shall be recognized as the one to select inspectors and challengers at such elections.

$ 9. Such committee shall file the names of the persons nominated by it with the sheriff of the county at least five days before the election. It shall thereupon be the duty of the County Board of Election Commissioners within two days thereafter to certify the nominees of such committee for the respective precincts to serve as challengers and inspectors at the election where any constitutional amendment is to be voted upon. If more than one amendment is to be voted upon the County Board of Election Commissioners may designate on the petition of said committee one person for each amendment to serve as inspector at such election

and one person for each amendment to serve as challenger at such election.

§ 10. The challengers and inspectors shall perform their duties in the same manner and subject to the same privileges as other inspectors and challengers at such an election.

§ 11. Any elector who has participated in any election where the question of the ratification or rejection of a constitutional amendment is involved may make himself a party as contestee under this act by filing his petition to be made a party in the action pending in the Franklin Circuit court not later than five days after said contest is instituted, and by giving bond for cost as is required by the contestant under the provisions of this act.

§ 12. It shall be the duty of the clerk of the Franklin Circuit Court to cause to published in some paper of general circulation in the State of Kentucky within two days after a contest is filed under the provisions of this act, a notice of such contest setting out in such publication the substance or the grounds of contest alleged by the contestants.

13. Where no elector makes himself a party to such contest under the provisions of this act, it shall be the duty of the Commonwealth's attorney for the Franklin Circuit Court to attend the trial of such cause, and he may file such motions, and pleadings in said cause on behalf of the Commonwealth as will insure a fair and honest determination of the contest.

14.

The Franklin Circuit Court shall have exclusive jurisdiction to hear and determine all matters in contest cases filed under the provisions of this act, and an appeal to the Court of Appeals may be prosecuted by any party to the contest in the

same manner as now provided by law for appeals in other contest election cases.

§ 15. All laws and parts of laws in conflict herewith are hereby repealed.

Neither approved nor disapproved.

CHAPTER 136.

AN ACT relating to Elections, and providing means of special registration for officers and employes of the Commonwealth or of the United States, ministers of the Gospel and commercial travelers.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

(1.) Any otherwise qualified voter being an officer or employee of the United States, or of the Commonwealth of Kentucky, regularly ordained minister of the Gospel and bona fide commercial traveler, may appear before the County Court Clerk of the county of his residence on the day immediately preceding or day of any primary or general election, and upon making oath or affidavit (either of which the Clerk in his discretion may require) to the effect that he was absent from his place of residence on all general or special registration days previously held during the current year, and that his absence was due to or by reason of duties pertaining to such officership or employment in or by the United States or this Commonwealth, or his duties as a minister; whereupon the Clerk shall register said voter and deliver to him a registration certificate which shall be valid until the next succeeding general registration provided by law.

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