§ 3515.13Contest of election involving recount

If any contest of election involves a recount of the ballots in any precincts, the court shall
immediately order the ballots of the precincts in which the recount is demanded to be sent to the
court in such manner as the court designates, and such court may appoint two master commissioners
of opposite political parties to supervise the making of the recount. The attorneys representing the
contestor and the prosecuting attorney of the county or the attorney general or one of the attorney
general's assistants representing the contestee shall be present at all hearings on such recount. Such
commissioners shall receive ten dollars each per day and their actual traveling expenses when
approved by the presiding judges. The compensation of such clerks as are deemed necessary by the
court shall be determined by the court on the basis of similar compensation in other public offices for
like work. Both the contestor and contestee may appoint one observer who shall be allowed to see all
ballots and tally sheets and observe the recount. If the court finds that the difference in the count
from the original count by the election authorities was the result of fraud, gross negligence, or
willfulness on the part of any election officer or other person, the court shall forthwith transmit a
copy of its decision and of the evidence to the prosecuting attorney of the county in which the fraud
or gross negligence was found with directions to present the same to the next grand jury in the
county or to the attorney general, in the case of state or federal offices, with directions to prosecute
the cases on behalf of the state.




                                                  Page 1