As Amended
SEC. 23-15-597. Canvas of returns and announcement of results by executive committee.
(1) The county executive committee shall meet on the first or second
day after each primary election, shall receive and canvass the returns
which must be made within the time fixed by law for returns of general
elections and declare the result, and announce the name of the nominees
for county and county district offices and legislative offices for districts
containing one (1) county or less, and the names of those candidates to
be submitted to the second primary. The vote for state and state district
offices and legislative offices for districts containing more than one
(1) county or parts of more than one (1) county shall be tabulated by precincts
and
certified to and returned to the State Executive Committee, such returns
to be mailed by registered letter or any safe mode of transmission within
thirty-six (36) hours after the returns are canvassed and the result ascertained.
The State Executive Committee shall meet a week from the day following
the first primary election held for state and state district offices and
legislative offices for districts containing more than one (1) county or
parts of more than one (1) county, and shall proceed to canvass the returns
and to declare the result, and announce the names of those nominated for
the different offices in the first primary and the names of those candidates
whose names are to be submitted to the second primary election. The State
Executive Committee shall also meet a week from the day on which the second
primary election was held and receive and canvass the returns for state
and district offices, if any, and legislative offices for districts containing
more than one (1) county or parts of more than one (1) county, if any,
voted on in such second primary. An exact and full duplicate of all tabulations
by precincts as certified under
this section shall be filed with the circuit clerk of the county who
shall safely preserve the same in his office.
(2) (a) If it is eligible under Section 1 of Senate Bill No. 2523, 2001
Regular Session, the county executive committee may enter into a written
agreement with the circuit clerk or the county election commission authorizing
the circuit clerk or the county election commission to perform any of the
duties required of the county executive committee pursuant to this section.
Any agreement entered into pursuant to this subsection shall be signed
by the chairman of the county executive
committee and the circuit clerk or the chairman of the county election
commission, as appropriate. The county executive committee shall notify
the State Executive Committee and the Secretary of State of the existence
of such agreement.
(b) If it is eligible under Section 1 of Senate Bill No. 2523, 2001 Regular Session, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the municipal executive committee and the municipal clerk or the chairman of the municipal election commission, as appropriate. The municipal executive committee shall notify the State Executive Committee and the Secretary of State of the existence of such agreement.
SOURCES: Derived from 1942 Code § 3142 [Codes, 1906, § 3705; Hemingway's 1917, § 6397; Laws, 1930, § 5895; repealed by Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346]; en, Laws, 1986, ch. 495, § 190; Laws, 2001, ch. 523, § 7, SB 2523, eff June 20, 2001 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.)
PREVIOUS VERSION: Pre-2001