17:9A-92.Ā  Judges of election
A.Ā  In advance of each meeting of the stockholders of a bank, the board of directors shall appoint one judge or three judges who may be stockholders, and who shall perform the duties hereinafter in this section set forth.Ā  If a judgeĀ  or judges be not so appointed, or, if appointed, shall fail or refuse to serveĀ  at such meeting or at an adjournment thereof, the chairman of the meeting shallĀ  make the appointment or fill any vacancy. If no judge shall have beenĀ  appointed in advance of a meeting, the stockholders shall determine whether oneĀ  or three judges shall be appointed.

B.Ā  Before entering upon his duties, each judge shall take and subscribe anĀ  oath to perform the duties of his office impartially and in good faith.

C.Ā  The judge or judges shall determine

(1) the number of shares outstanding;

(2) the number of shares represented at the meeting;

(3) the voting rights of each share;

(4) the existence of a quorum;Ā  and

(5) the authenticity, validity and effect of proxies.

They shall also

(6) hear and determine all challenges and questions arising in connection with the right to ballot;

(7) receive, count and tabulate all ballots;

(8) determine the results of balloting;Ā  and

(9) do such other acts as may be proper with respect to balloting.

If there be three judges, the decision, act or certificate of two shall beĀ  effective as the decision, act or certificate of all.

D.Ā  At the request of the chairman of the meeting, or of any stockholder orĀ  his proxy, the judge or judges shall make a report in writing of any matterĀ  determined by him or them and execute a certificate of any fact found. TheĀ  judge or judges shall execute a certificate of the result of any balloting andĀ  shall deliver such certificate to the chairman of the meeting, and suchĀ  certificate shall be recorded in the minutes of the meeting and filed with theĀ  bank.

E.Ā  If any person shall be elected a director at any meeting at which he served as a judge, his election shall be void and the directors shall not appoint him a director within twelve months next succeeding.

L.1948, c. 67, p. 261, s. 92.
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