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The 190th General Court of the Commonwealth of Massachusetts

Section 87: Contested elections or nominations; preservation of ballots; notice; recount; penalties

Section 87. If within three week days after any caucus a person who has received votes thereat for nomination or election to any office shall file a written statement with the city or town clerk, claiming an election or nomination or declaring an intention to contest the election or nomination of any other person, the clerk shall preserve the ballots for such nomination or office until the claim or contest has been finally determined. Upon receipt of such statement, the clerk shall immediately give written notice to the persons affected and to the chairman and secretary of the caucus, fixing a time within twenty-four hours thereafter and a place at which said ballots will be recounted. The chairman and secretary of the caucus shall, at said time and place, recount said ballots and determine the questions raised. Each candidate affected may be present during such recount, or may be represented by an agent appointed by him in writing. If it shall appear upon a recount that persons were nominated or elected other than those declared to have been nominated or elected, certificates of such change shall be made in the manner provided in section five as to an original certificate.

Any presiding officer, secretary or clerk of a caucus who wilfully neglects or refuses to comply with the provisions of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months.