19:28-2 - Expenses of recount;Ā liability for;Ā deposit by applicants
19:28-2.Ā Expenses of recount;Ā liability for;Ā deposit by applicants
Any applicant or group of applicants, as the case may be, for such recount,Ā upon applying therefor, shall deposit with the county clerk or such otherĀ public officer or officers as such judge shall direct, such sum of moneyĀ proportioned to the number of votes to be counted but not exceeding twenty-fiveĀ dollars ($25.00) for any one district recount of which is asked, as the judgeĀ shall order as security for the payment of the costs and expenses of theĀ recount in case the original count be confirmed. Such judge shall fix andĀ determine the amount of compensation to be paid for making the recount, and theĀ costs and expenses thereof.Ā If it appears that an error or errors haveĀ occurred as a result of which the election is changed or the difference in theĀ vote between any candidate and any other candidate for the same office orĀ between the negative and affirmative of any such public question is altered inĀ any district by more than ten votes or ten per centum (10%) of the total voteĀ cast in the district, whichever is the greater, the costs and expenses of theĀ recount of such district shall be paid by the State, county or municipality inĀ and for which the election was held, upon the warrant of such judge, as otherĀ election expenses are paid.Ā If no error shall appear sufficient to produceĀ such change, the costs and expenses of the recount shall be paid out of the deposit made as security by the party or parties making the application.
Amended by L.1953, c. 19, p. 340, s. 28.
Any applicant or group of applicants, as the case may be, for such recount,Ā upon applying therefor, shall deposit with the county clerk or such otherĀ public officer or officers as such judge shall direct, such sum of moneyĀ proportioned to the number of votes to be counted but not exceeding twenty-fiveĀ dollars ($25.00) for any one district recount of which is asked, as the judgeĀ shall order as security for the payment of the costs and expenses of theĀ recount in case the original count be confirmed. Such judge shall fix andĀ determine the amount of compensation to be paid for making the recount, and theĀ costs and expenses thereof.Ā If it appears that an error or errors haveĀ occurred as a result of which the election is changed or the difference in theĀ vote between any candidate and any other candidate for the same office orĀ between the negative and affirmative of any such public question is altered inĀ any district by more than ten votes or ten per centum (10%) of the total voteĀ cast in the district, whichever is the greater, the costs and expenses of theĀ recount of such district shall be paid by the State, county or municipality inĀ and for which the election was held, upon the warrant of such judge, as otherĀ election expenses are paid.Ā If no error shall appear sufficient to produceĀ such change, the costs and expenses of the recount shall be paid out of the deposit made as security by the party or parties making the application.
Amended by L.1953, c. 19, p. 340, s. 28.