such recount, the court or judge shall grant the prayer of said petition and order said recount to be made, and set the same for hearing and the clerk of said court will issue process on the petition against the opposing candidate or candidates as provided in civil cases.

7020c. Time for recount.-3. In fixing such date for said recount and correction the court shall fix the time within twenty (20) days thereafter unless the time of granting said petition be in vacation and more than twenty (20) days prior to the first day of the next succeeding term of court, in which case he shall fix the said date for hearing on the first day of the following term of said court.

7020d. Recount commission, compensation.-4. And the court on granting the prayer of such petition shall appoint three (3) recount commissioners [,] one (1) of whom shall be a competent mechanic, and two (2) of whom shall be from different political parties. It shall be the duty of the three (3) recount commissioners so appointed to assist the court in the recount and correction of the votes as cast on the machines or by paper ballot. Such examination, recount and correction of the vote shall be made in open court and each candidate for the office in question shall be entitled to name one (1) watcher to be present at all times during said recount. Each of said three (3) commissioners shall receive as compensation ten dollars ($10) per day for such days as they are actually engaged in their duties.

7020e. Manner of recount.-5. Upon the day fixed the court shall proceed to make such recount and correction by opening up and examining the machines and paper ballots, by recounting the votes cast in either manner and by correcting the total.

7020f. Certificate of recount.-6. When such examination and recount is finished the commissioners or a majority of them shall make out a certificate under their hands stating the number of votes received by each candidate for the office in question, and such certificate shall be recorded on the order book of said court. Such certificate or record thereof shall be deemed pima [prima] facie proof of the facts therein recited in any contest proceeding but shall be deemed a conclusive determination of the matter for all other purposes unless its effect is suspended or set aside by such contest proceeding.

7020g. Machines and ballots during recount.-7. During such recount all of said election machines, ballots, returns and records of all sort shall be preserved in the safe custody of the circuit court and at the conclusion thereof said election machines, ballots, returns and records of all sort shall be returned intact and unaltered to the persons by law charged with the custody of the same.

7020h. Costs of recount.-8. The costs of said recount proceedings shall be paid by the petitioner.

7020i. Jurisdiction of superior court.-9. Any circuit or superior court on application of any party to a contest of election proceeding pending in such court may for the purpose of expediting such pending contest proceeding resort to the recount and correction proceedings herein provided for and any such circuit or superior court on application made during the pendency of such contest of election proceeding shall have the same jurisdiction and powers as are herein given to the circuit court on an original petition, Provided however, That the expenses of a recount on application of a party pendente lite shall abide the result of the final judgment in such contest proceedings of which such recount is in aid.

7020j. Act supplemental.-10. The provisions of this act shall not be construed as repealing or in conflict with any other laws now in existence upon the subject of recount of votes cast at any election whether cast on machines or by paper ballots but shall be construed as supplemental to any such law.

Section 11 of the above act provides that the act be in force and effect from and after its passage.

SEC.

ARTICLE 6.—VOTING MACHINES.

7021. Voting machine commission.

7021. Voting machine commission.

The statute providing for the use of voting machines at elections is not in violation of the provision of the constitution requiring that all elections by the people shall be by ballot. Spickerman v. Goddard, 182 Ind. 523, 107 N. E. 2. Voting machines may be used in elections held to vote on the question of licensing the sale of intoxicating liquors. Spickerman v. Goddard, 182 Ind. 523, 107 N. E. 2.

[Acts 1915, p. 359. In force April 26, 1915.]

7054a. Primary elections to nominate candidates.-1. That all political parties in the state which cast at the general election immediately preceding the time of holding a primary, as provided herein, ten per cent. or more of the total vote cast at such election, desiring to nominate candidates for state, congressional, county, city and township offices, including all nominations for judicial and legislative offices, prosecuting attorneys, representatives and senators in congress, shall make nominations in the manner prescribed by this act, and not otherwise. The selection of all precinct committeemen of such parties, and the election of all delegates to conventions for the nomination of candidates for state offices, including candidates for presidential electors and United States senators by all such parties shall be made in the manner provided in this act, and not otherwise. The name of no person as a candidate of a political party coming under the provisions of this act, shall be placed upon the official ballot as a candidate for any office when provision is made herein for nominating candidates for such office, unless such person shall have been nominated for such office under the provisions of this act. In determining whether a political party is subject to the provisions of this act, the vote received for its candidate for secretary of state at the preceding general election shall be taken as its vote at such election. The total vote cast at such election shall be the aggregate vote cast for all candidates for secretary of state at such election.

Section 59, Acts 1915, p. 359, repeals act 1907, p. 627, section 7055 to 7111 inclusive Revision of 1914.

See section 7054h2 this Supplement, and section 7111a Supplement of 1918. This section was numbered 7055 in the Supplement of 1918.

The constitutionality of primary election statutes, and the various provisions of such statutes are fully considered and explained in the case of Kelso v. Cook, 184 Ind. 173, 110 N. E. 987.

[Acts 1917, p. 354. In force May 31, 1917.]

7054b. Committees of political parties.-2. Every political party subject to the provisions of this act shall have the following committees and none other, a state central committee, a congressional district committee, a county committee, a city committee and a precinct committee, but any of the above named committees may elect or appoint such sub-committees as may be provided for their own rules or the rules of the state central committee. The state central committee of each party subject to the provisions of this act shall be composed of the district chairmen from the several congressional districts to be elected as hereinafter provided. The congressional district committee shall be composed of the county chairmen of the several counties in the congressional district. Provided, however, That in congressional districts having no more than one county, the county committee shall constitute the congressional district committee, and such committee in addition to the county chairman, shall elect a district chairman, who shall represent such district in the congressional district committee. The county committee shall be composed of the precinct committeemen to be elected from the several precincts of each county, as hereinafter provided. The city committee shall be composed of the members of the county committee representing precincts in whole or in part in such city. The precinct committee shall be composed of the precinct committeemen, and such other persons as may be designated and appointed by the county chairman. The state central committee of each party coming under the provisions of this law is hereby declared to be the highest party authority and may, by proper rules, regulations or resolutions, provide for all matters of party government which are not controlled by this act or by other statutes of the State of Indiana, such rules, regulations or resolutions not to be in conflict with any law of this state. Upon the refusal of any member or officer of any political committee of such party to obey or conform to any such rule, regulation or resolution so adopted, such member or officer may be removed by said state central committee after hearing upon reasonable notice. Said state central committee shall also have power in its own name to maintain suits in mandamus to enforce obedience to its rules, regulations or resolutions, said suits to be commenced, prosecuted and tried in the circuit court of the county wherein the defendant resides. Said proceedings in mandamus shall be tried by the court without the intervention of a jury. Any case so brought shall have precedence over all other cases pending in such courts except trials for capital offenses and no change of venue from the county shall be allowed in any such case. Process shall be served and the proceedings had as in other civil actions except that process shall be