115.543. Court to appoint persons making recount--persons authorized to be present during recount. - Missouri Statutes

Court to appoint persons making recount--persons authorized to bepresent during recount.

115.543. Whenever a recount is ordered pursuant to section115.539 or 115.601, the court shall determine the number ofpersons necessary to assist with the recount and shall appointsuch persons equally from lists submitted to the court by thecontestant and the contestee. Each person appointed pursuant tothis section shall be a disinterested person and a registeredvoter of the area in which the contested election was held. Eachperson so appointed shall take the oath prescribed for andreceive the same pay as an election judge in the jurisdictionwhere he is registered. After being sworn not to disclose anyfacts uncovered by the recount, except those which are containedin the court report, the contestant and the contestee shall bepermitted to be present in person or represented by an attorneyat the recount to observe the recount. Each recount shall becompleted under the supervision of the court, and the personsappointed to assist with the recount shall perform such duties asthe court shall direct. Upon completion of any duties prescribedby the court, the persons appointed to assist with the recountshall make a written and signed report of their findings to thecourt. The findings of the persons appointed to assist with therecount shall be prima facie evidence of the facts statedtherein, but any person present at the examination of the votesmay be a witness to contradict the findings. No one other thanthe election authority, representatives of the court, thecontestant and contestee, their attorneys, and those specificallyappointed by the court to assist with the recount shall bepresent during any recount ordered pursuant to the provisions ofsection 115.539.

(L. 1977 H.B. 101 § 13.040, A.L. 1993 S.B. 31)