Section 64. Contested elections  


Latest version.
  • Upon the application of any person desirous
      of  obtaining  testimony  respecting  the election of a member of either
      house, for the purpose of contesting an election, or resisting a contest
      thereof, any county judge of the county, or justice of the supreme court
      of the district, or the mayor or recorder of a city in which the  member
      or  applicant  shall reside, may require the attendance of persons named
      by the applicant,  at  a  specified  time  and  place,  to  be  examined
      respecting such election; and shall, at the same time, issue a notice to
      the  opposite  party  of the time, place and object of such examination.
      The notice shall be served in the same manner as a notice of motion in a
      court of record. At the time appointed for the examination,  upon  proof
      of the due service of such notice, the witnesses who shall attend or who
      shall  be  produced by either party, shall be examined under oath before
      such officer, respecting such matters relating to the election about  to
      be  contested, as shall be proposed by either party. The testimony given
      upon such examination  shall  be  reduced  to  writing,  signed  by  the
      witnesses  respectively,  certified  by  the  officer before whom it was
      taken, and with the subpoena, notice and proof of the  service  thereof,
      shall  be  sent  by  him under seal to the secretary or the clerk of the
      house to which the election pertains.
        A witness attending before such officer,  by  virtue  of  a  subpoena,
      shall  receive  the same fees as are allowed to witnesses in civil suits
      in courts of record, to be paid by the  party  at  whose  instance  such
      witness was summoned.