§ 1-13.5-1403. Filing Statement – Contents
The contestor shall file in the office of the clerk of the district court, within ten days after the expiration of the period within which a recount may be requested pursuant to section 1-13.5-1306, or within ten days after the conclusion of a recount conducted pursuant to section 1-13.5-1306, whichever is later, a written statement […]
§ 1-13.5-1404. Summons – Answer
(1) If the clerk of the district court receives a statement as set forth in section 1-13.5-1403, the clerk shall issue a summons in the ordinary form, naming the contestor as plaintiff and the contestee as defendant, stating the court in which the action is brought and a brief statement of the causes of contest, […]
§ 1-13.5-1405. Trial and Appeals
Immediately after the joining of issue, the district court shall fix a date for the trial to commence, which date shall not be more than twenty days nor less than ten days after the joining of issue. The trial takes precedence over all other business in the court. The testimony may be oral or by […]
§ 1-13.5-1406. Recount
If, upon the trial of any contested election under this article, the statement or counterstatement sets forth an error in canvass sufficient to change the result, the trial judge has the power to conduct a recount of the ballots cast or the votes tabulated on the voting machines in the precinct where the alleged error […]
§ 1-13.5-1407. Judgment
The court shall pronounce judgment whether the contestee or any other person was duly elected. The person so declared elected is entitled to the office upon qualification. If the judgment is against the contestee and he or she has received his or her certificate, the judgment annuls it. If the court finds that no person […]
§ 1-13.5-1408. Ballot Questions and Ballot Issues – How Contested
(1) The results of an election on any ballot question or ballot issue may be contested in the manner provided by this part 14. The grounds for such contest are those grounds set forth in section 1-13.5-1401 (1)(b), (1)(c), and (1)(d). The contestee is the appropriate election official. In addition to other matters required to […]
§ 1-13.5-1501. Controversies
(1) When any controversy arises between any official charged with any duty or function under this article and any candidate or other person, the district court, upon the filing of a verified petition by any such official or person setting forth in concise form the nature of the controversy and the relief sought, shall issue […]
§ 1-13.5-1601. Applicability of Criminal Penalties
Notwithstanding any provision of law to the contrary, except for parts 2 and 3 of article 13 of this title, election offenses and penalties described under article 13 of this title apply to elections conducted under this article. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 57, § 6, effective February 18. […]
§ 1-13.5-1105.5. Voting by Electors at Group Residential Facilities
For independent mail ballot elections conducted under this part 11, upon the request of any eligible elector of the local government residing in a facility described in section 1-7.5-113 (1), the designated election official shall appoint a committee for delivery of mail ballots to, and return of voted mail ballots from, the facility in accordance […]
§ 1-13.5-1306. Recount
(1) The designated election official shall order a recount of the votes cast in any election if it appears, as evidenced by the survey of returns, that the difference between the highest number of votes cast in the election and the next highest number of votes cast in the election is less than or equal […]