Who may contest, and grounds of contest. SECTION 1111. Who may contest, and grounds of contest. 1113. When not to. 1114. Illegal votes, when not to vitiate election. 1115. Proceedings on contest. 1116. Statement of cause of contest. When based on reception of illegal votes, contestant to deliver to respondent a list of votes claimed to be illegal. 1117. Statement of cause of contest; want of form not to vitiate. 1118. County Judge to hold special term for trial of contest. 1125. Costs. 1126, Appeal. 1127. When election void and office vacant. 1111. Any elector of the county may contest the right of any person declared elected to an office to be exercised in and for such county; and, also, any elector of a township may contest the right of any person declared elected to any office in and for such township, for any of the following causes: 1. For malconduct on the part of the Board of Judges, or any member thereof; 2. When the person whose right to the office is contested was not, at the time of the election, eligible to, such office; 3. When the person whose right is contested has given to any elector or Inspector, Judge, or Clerk of the election, any bribe or reward, or has offered any such bribe or reward for the purpose of procuring his election, or has committed any other offense against the elective franchise defined in Title IV, Part I of THE PENAL CODE; 4. On account of illegal votes. larity and conduct of Judges, annul 1112. No irregularity or improper conduct in the Irregu proceedings of the Judges, or any of them, is such improper malconduct as avoids an election, unless the irregu- when to larity or improper conduct is such as to procure the elections. person whose right to the office is contested to be declared elected when he had not received the highest number of legal votes. to. 1113. When any election held for an office exer- When not cised in and for a county is contested on account of any malconduct on the part of the Board of Judges of any township election, or any member thereof, the election cannot be annulled and set aside upon any proof thereof, unless the rejection of the vote of such township, or townships, would change the result as to such office in the remaining vote of the county. votes, when vitiate election. 1114. Nothing in the fourth ground of contest, Illegal specified in Section 1111, is to be so construed as to not to authorize an election to be set aside on account of illegal votes, unless it appear that a number of illegal votes has been given to the person whose right to the office is contested, which, if taken from him, would reduce the number of his legal votes below the number of votes given to some other person for the same office, after deducting therefrom the illegal votes which may be shown to have been given to such other person. 1115. When an elector contests the right of any person declared elected to such office, he must, within forty days after the return day of the election, file with the County Clerk a written statement, setting forth specifically: Proceed ings on contest. Same. Statement of cause 1. The name of the party contesting such election, and that he is an elector of the district, county, or township, as the case may be, in which such election was held; 2. The name of the person whose right to the office is contested; 3. The office; 4. The particular grounds of such contest; -Which statement must be verified by the affidavit of the contesting party that the matters and things therein contained are true. 1116. When the reception of illegal votes is of contest. alleged as a cause of contest, it is sufficient to state generally, that in one or more specified townships illegal votes were given to the person whose election is contested, which, if taken from him, will reduce the number of his legal votes below the number of legal votes given to some other person for the same office; but no testimony can be received of any illegal votes, unless the party contesting such election deliver to the contestant opposite party, at least three days before such trial, a written list of the number of illegal votes, and by whom given, which he intends to prove on such trial; and no testimony can be received of any illegal votes except such as are specified in such list. When based on reception of illegal votes, to deliver to respond ent a list of votes claimed to be illegal. Statement of cause of contest. Want of form not to vitiate. County Judge to hold special term for trial of contest. 1117. No statement of the grounds of contest will be rejected, nor the proceedings dismissed by any Court for want of form, if the grounds of contest are alleged with such certainty as will advise the defendant of the particular proceeding or cause for which such election is contested. 1118. Upon the statement being filed, the County Clerk must inform the Judge of the County Court, who must give notice and order a special term of Court to be held at the Court House of the proper county, on some day to be named by him, not less than ten nor more than twenty days from the date of such notice, to hear and determine such contested election. 1119. The Clerk must also, at the same time, issue a citation for the person whose right to the office is contested, to appear at the time and place specified in the notice, which citation must be delivered to the Sheriff and be served upon the party in person, or, if he cannot be found, by leaving a copy thereof at the house where he last resided. attendance enforced. 1120. The Clerk must issue subpoenas for witnesses Witnesses, at the request of either party, which must be served as of, how other subpoenas; and the County Court has full power to issue attachments to compel the attendance of witnesses who have been subpoenaed to attend. Court. 1121. The Court must meet at the time and place Power of designated, to determine such contested election, and shall have all the powers necessary to the determination thereof. It may adjourn from day to day until such trial is ended, and may also continue the trial, Adjouribefore its commencement, for any time not exceeding Court. twenty days, for good cause shown by either party upon affidavit, at the costs of the party applying for such continuance. 1122. The Court must be governed, in the trial and determination of such contested election, by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may be applicable; and may dismiss the proceedings if the statement of the cause or causes of the contest is sufficient, or for want of prosecution. After hearing the proofs and allegations of the parties, the Court must pronounce judgment in the premises, either confirming or annulling and setting aside such election. ment of Court may declare who was elected. Fees of officers and 1123. If in any such case it appears that another person than the one returned has the highest number of legal votes, the Court must declare such person elected. 1124. The Clerk, Sheriff, and witnesses shall rewitnesses. ceive, respectively, the same fees, from the party against whom judgment is given, as are allowed for similar services in the District Court. Costs. Appeal. When election void and office vacant. 1125. If the proceedings are dismissed for insufficiency, or want of prosecution, or the election is by the Court confirmed, judgment must be rendered against the party contesting such election, for costs, in favor of the party whose election was contested; but if the election is annulled and set aside, judgment for costs must be rendered against the party whose electior contested, in favor of the party contesting the same. Primarily, each party is liable for the costs created by himself, to the officers and witnesses entitled thereto, which may be collected in the same manner as similar costs are collected in the District Court. 1126. Either party, aggrieved by the judgment of the Court, may appeal therefrom to the Supreme Court, as in other cases of appeal thereto from the County Court. 1127. Whenever an election is annulled or set aside by the judgment of the County Court, and ten days have elapsed and no appeal has been taken, the commission, if any has issued, is void, and the office vacant. |