115.587. Persons conducting recount, how selected. - Missouri Statutes

Persons conducting recount, how selected.

115.587. Whenever a recount is ordered pursuant to section115.583 or 115.601, the court or legislative body shall determinethe number of persons necessary to assist with the recount andshall appoint such persons equally from lists submitted to thecourt or legislative body by the contestant and the contestee.Each person appointed pursuant to this section shall be adisinterested person and a registered voter of the area in whichthe contested election was held. Each person so appointed shalltake the oath prescribed for and receive the same pay as anelection judge in the jurisdiction where he is registered. Afterbeing sworn not to disclose any facts uncovered by the recount,except those which are contained in the court or legislativereport, the contestant and the contestee shall be permitted to bepresent in person or represented by an attorney at the recountand to observe the recount. Each recount shall be completedunder the supervision of the court or legislative body, and thepersons appointed to assist with the recount shall perform suchduties as the court or legislative body shall direct. Uponcompletion of any duties prescribed by the court or legislativebody, the persons appointed to assist with the recount shall makea written and signed report of their findings to the court orlegislative body. The findings of the persons appointed toassist with the recount shall be prima facie evidence of thefacts stated therein, but any person present at the examinationof the votes may be heard as a witness to contradict thefindings. No one other than the election authority,representatives of the court or legislative body, the contestantand contestee, their attorneys, and those specifically appointedby the court or legislative body to assist with the recount shallbe present during any recount ordered pursuant to the provisionsof section 115.583 or 115.601.

(L. 1977 H.B. 101 § 13.415)

Effective 1-1-78