§ 163-182.9. Filing an election protest.
§ 163‑182.9. Filing an election protest.
(a) Who May File a Protest With County Board. A protestconcerning the conduct of an election may be filed with the county board ofelections by any registered voter who was eligible to vote in the election orby any person who was a candidate for nomination or election in the election.
(b) How Protest May Be Filed. The following principles shallapply to the filing of election protests with the county board of elections:
(1) The protest shall be in writing and shall be signed by theprotester. It shall include the protester's name, address, and telephone numberand a statement that the person is a registered voter in the jurisdiction or acandidate.
(2) The protest shall state whether the protest concerns the mannerin which votes were counted and results tabulated or concerns some otherirregularity.
(3) The protest shall state what remedy the protester isseeking.
(4) The timing for filing a protest shall be as follows:
a. If the protest concerns the manner in which votes werecounted or results tabulated, the protest shall be filed before the beginningof the county board of election's canvass meeting.
b. If the protest concerns the manner in which votes werecounted or results tabulated and the protest states good cause for delay infiling, the protest may be filed until 5:00 P.M. on the second business dayafter the county board of elections has completed its canvass and declared theresults.
c. If the protest concerns an irregularity other than votecounting or result tabulation, the protest shall be filed no later than 5:00P.M. on the second business day after the county board has completed itscanvass and declared the results.
d. If the protest concerns an irregularity on a matter otherthan vote counting or result tabulation and the protest is filed beforeelection day, the protest proceedings shall be stayed, unless a party defendingagainst the protest moves otherwise, until after election day if any one of thefollowing conditions exists:
1. The ballot has been printed.
2. The voter registration deadline for that election haspassed.
3. Any of the proceedings will occur within 30 days beforeelection day.
(c) State Board to Prescribe Forms. The State Board ofElections shall prescribe forms for filing protests. (2001‑398, s. 3; 2005‑428, s. 4.)