Regulations; subpoenas; oaths; witnesses; fees

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  • (a) Each board of elections may prescribe regulations, not inconsistent with this title or other law, to govern its public sessions, and may issue subpoenas, summon witnesses, compel production of books, papers, records and other evidence, and fix the time and place for hearing any matters relating to the administration and conduct of registrations and party enrollments of electors and of primaries and elections in the district under the provisions of this title. All subpoenas issued by the board shall be in substantially the same form and shall have the same force and effect as subpoenas issued by the district court, and, upon application, the board shall be entitled to the process of that court, if necessary, to enforce any subpoena issued by the board.

  • (b) Each member of a board may administer oaths and affirmations pursuant to the provisions of this title. Each person testifying before a board shall first be duly sworn or affirmed.

  • (c) A person filing a petition with a board, or opposing a petition filed therewith, may have subpoenas issued by the board to compel the attendance of witnesses, upon condition that all witnesses so subpoenaed shall be paid the standard prevailing witness fees, in the manner provided in this section.

  • (d) Except as provided in subsection (e) of this section, each witness subpoenaed by the board on its own motion or request shall be entitled to daily witness fees at the rate specified in subsection (c) of this section, to be paid by the board.

  • (e) Election officers, clerks, inspectors, and watchers, when subpoenaed by the board to appear before it, sitting for the computation and canvassing of votes cast at an election, shall not be entitled to witness fees.

  • (f) No subpoena shall be issued for the benefit of a person other than the board until he shall have deposited with the board one day's witness fees for each witness to be summoned thereby, whose names shall be given to the board and entered by it in such subpoena and among its records, and no such subpoena shall be effective to require the further attendance of a witness after the day mentioned therein, unless the hearing be postponed or continued by the board, and unless, before four o'clock p.m. of such day, the person for whose benefit it be issued shall have deposited with the board an additional day's witness fees for each witness whose further attendance is desired.

  • (g) As soon as convenient after a hearing is concluded, postponed or continued on any day, the board shall disburse the fees deposited with it by any persons aforesaid, among those witnesses who have appeared in response to subpoenas issued as aforesaid and shall return to the depositor any fees deposited by him for others who did not attend, and shall also pay the fees to any witnesses summoned by the board on its own motion or request, taking their receipts therefor, as long as there are sufficient funds available for such payments.


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