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§ 1-13.5-1401. Person Elected – Contest – Causes

(1) The election of any person declared duly elected to any local government office may be contested by any eligible elector of the local government on the following grounds: (a) The contestee is not eligible for the office to which he or she has been declared elected; (b) Illegal votes have been received, or legal […]

§ 1-13.5-1402. District Judge to Preside – Bond

(1) All contested election cases of local government officers shall be tried and determined in the district court of the county in which the local government is located. If the territorial boundaries of a local government overlap wholly or partially with more than one county, the district court of either county has jurisdiction. The style […]

§ 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 […]