Except as otherwise expressly provided in this chapter, election contests shall be tried in the chancery court of the division in which the defendant resides. The chief justice of the supreme court shall assign a chancellor from a different division to decide a contested election of chancellor. The incumbent office holder and any candidate for […]
Contests for the office of senator in the general assembly are decided by the senate, and contests for the office of representative in the general assembly are decided by the house of representatives.
Contests for the office of presidential and vice presidential elector shall be decided finally and unreviewably before the last day of November by the presidential electors tribunal composed of the governor, secretary of state and attorney general and reporter. A petition of contest shall be filed with the secretary of state and a copy of […]
Any candidate may contest the primary election of the candidate’s party for the office for which that person was a candidate. To institute a contest, the candidate shall, within five (5) days after the certification of results by the county election commission, file a written notice of contest with the state primary board of the […]
The complaint contesting an election under § 2-17-101 shall be filed within five (5) days after certification of the election.
The trial of an election contest shall be held not less than fifteen (15) nor more than fifty (50) days from the day the complaint is filed and not less than ten (10) days after the complaint is served on the defendant. A sheriff or constable of the division or circuit shall serve a copy […]
The testimony in an election contest may be taken orally or by deposition, upon such notice as the court may prescribe, and the court may make all necessary orders with respect to any matter required in the contest.
The clerk of the court may, upon the application of either party, issue subpoenas for witnesses, and the witnesses summoned shall be bound under the same penalties as witnesses in the circuit court to attend and give evidence, and for such attendance shall be allowed the same compensation.
Poll books, voter signature lists and ballot applications, or copies of them, certified by the officer having custody of them, are official records and shall be received as evidence in any case arising out of the election. They may be impeached by other evidence. If the poll books, voter signature lists and ballot applications or […]
If voting machines were used in the election, any party to the contest who challenges either the accuracy of the voting machines or the accuracy of the election officials’ recording of the vote on the machines may have the machine or machines brought into court to be examined by the parties or as evidence. The […]
The clerk of the court shall keep minutes of the proceedings in contested election cases as in other cases.
After hearing the case, the court shall give judgment either: Confirming the election; Declaring the election void; Declaring a tie between persons who have the same number of votes if it appears that two (2) or more persons who have the same number of votes have, or would have had if the ballots intended for […]
If the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of constitutional disqualifications on that person’s part or for other causes, the election shall be declared void.
A judgment confirming an election or declaring a person elected to an office commissioned by the governor shall be certified to the secretary of state. In all other cases, the judgment shall be certified to the tribunal before which the officer is required to qualify. A judgment declaring a tie shall be certified to the […]
Costs and a reasonable attorney’s fee shall be assessed against the contestant or the appellant if the contest or the appeal is maliciously or frivolously prosecuted.
Any court, primary board, legislative body, or tribunal having jurisdiction of an election contest pursuant to this chapter may order a recount of the ballots under any of the following circumstances: A tie vote; An indication of fraud if the number of votes affected would be sufficient to change the result of the election; A […]
