Barber v. Edgar 294 A.2d 453. 294 A.2d 453 (Cite as: 294 A.2d 453) Page 2 Sheriff of Androscoggin County in the Democratic Primary Election, June 19, 1972. When the polls opened on that day Robert W. Bonenfant and Emile Roy were likewise qualified candidates for nomination to that office. At approximately 12 o'clock noon on June 19, 1972, after the polls had opened but prior to their closing, Robert Bonenfant died. After the polls had closed it was determined that candidate Bonenfant had 6,135 votes cast for him; that the Plaintiff Barber had 2,884 and that Roy had 2,691 votes cast for him. Nothing contrary appearing in the Complaint or Answer, we bow to the presumption of regularity and assume for the purposes of this decision the appropriate procedures were followed for the tabulation of votes and announcing the totals as is provided by 21 M.R.S.A. s 924 and 21 M.R.S.A. s 1047, [FN1] and that reports required by 21 M.R.S.A. s 1091[FN2] and the tabulation provided *455 by 21 M.R.S.A. s 1092[FN3] were appropriately done. FN1. 21 M.R.S.A. s 924: The election officials shall count the ballots under the supervision of the warden, as soon as the polls are closed, except that if, in the opinion of the city or town clerk, the public interests will best be served, referendum ballots may be counted on the next day immediately following the election, provided such count is completed within 24 hours after the closing of the polls. If referendum ballots are counted subject to this exception, the city or town clerk shall have the responsibility for the security and safekeeping of such ballots until such time as the count has been completed. 1. Counted in public. The ballots must be counted publicly so that those present may observe the proceedings. 3. Results declared. As soon as the ballots are counted, the warden shall declare the results publicly at the voting place. 21 M.R.S.A. s 1047: The following regulations outline the procedure for tabulating votes at an election in which voting machines are used: 2. Totals announced. The warden shall announce the total for each candidate in the order shown on the ballot label, for each referendum question, and for each write-in candidate. As each total is read, it shall be recorded by an election clerk from a political party other than that of the warden. FN2. 21 M.R.S.A. s 1091: Within 10 days after a general election, the registrar shall send a report to the Secretary of State stating the number of voters in each voting district of the municipality at the close of the polls on election day. Within 10 days after a primary election, the registrar shall report the total number of voters in each voting district of the municipality and the number of voters enrolled in each political party in each voting district of the municipality at the close of the polls on election day. FN3. 21 M.R.S.A. s 1092: Within 20 days after an election, the Secretary of State shall tabulate the election returns and submit the tabulation to the Governor and Council. The Complaint alleges and the Answer concedes that in accordance with 21 M.R.S.A. s 1094 the Governor and Council met on July 5, 1972, and reviewed the tabulation of the vote. The Complaint further recites that on the 5th day of July, 1972, the Governor of the State issued a proclamation purporting to have been authorized and commanded by 21 M.R.S.A. s 1474,[FN4] proclaiming: FN4. 21 M.R.S.A. s 1474: If a person nominated for an office other than United States Senator, Representative to Congress or Governor at a regular primary election dies, withdraws or becomes disqualified before the general election, the Governor shall issue a proclamation as provided in section 1473, and the procedure outlined in section 1442 must be followed. (a) That Robert Bonenfant was nominated in the Primary Election of June 19, 1972; © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 141