20A-4-403 - Election contest -- Petition and response.
20A-4-403. Election contest -- Petition and response.
(1) (a) In contesting the results of all elections, except for primary elections and bondelections, a registered voter shall contest the right of any person declared elected to any office byfiling a verified written complaint with the district court of the county in which he resides within40 days after the canvass.
(b) The complaint shall include:
(i) the name of the party contesting the election;
(ii) a statement that the party is a registered voter in the jurisdiction in which the electionwas held;
(iii) the name of the person whose right to the office is contested;
(iv) the office to which that person was ostensibly elected;
(v) one or more of the grounds for an election contest specified in Section 20A-4-402;
(vi) the person who was purportedly elected to the office as respondent; and
(vii) if the reception of illegal votes or the rejection of legal votes is alleged as a groundfor the contest, the name and address of all persons who allegedly cast illegal votes or whoselegal vote was rejected.
(c) When the reception of illegal votes or the rejection of legal votes is alleged as a causeof contest, it is sufficient to state generally that:
(i) illegal votes were given in one or more specified voting precincts to a person whoseelection is contested, which, if taken from him, would reduce the number of his legal votes belowthe number of legal votes given to some other person for the same office; or
(ii) that legal votes for another person were rejected, which, if counted, would raise thenumber of legal votes for that person above the number of legal votes cast for the person whoseelection is contested.
(d) (i) The court may not take or receive evidence of any of the votes described inSubsection (1)(c) unless the party contesting the election delivers to the opposite party, at leastthree days before the trial, a written list of the number of contested votes and by whom thecontested votes were given or offered, which he intends to prove at trial.
(ii) The court may not take or receive any evidence of contested votes except those thatare specified in that list.
(2) (a) In contesting the results of a primary election, when contesting the petitionnominating an independent candidate, or when challenging any person, election officer, electionofficial, board, or convention for failing to nominate a person, a registered voter shall contest theright of any person declared nominated to any office by filing a verified written complaint within10 days after the date of the canvass for the primary election, after the date of filing of thepetition, or after the date of the convention, respectively, with:
(i) the district court of the county in which he resides if he is contesting a nominationmade only by voters from that county; or
(ii) the Utah Supreme Court, if he is contesting a nomination made by voters in morethan one county.
(b) The complaint shall include:
(i) the name of the party contesting the nomination;
(ii) a statement that the contesting party is a registered voter in the jurisdiction in whichthe election was held;
(iii) the name of the person whose right to nomination is contested or the name of the
person who failed to have their name placed in nomination;
(iv) the office to which that person was nominated or should have been nominated;
(v) one or more of the grounds for an election contest specified in Subsection (1);
(vi) the person who was purportedly nominated to the office as respondent; and
(vii) if the reception of illegal votes or the rejection of legal votes is alleged as a groundfor the contest, the name and address of all persons who allegedly cast illegal votes or whoselegal vote was rejected.
(c) When the reception of illegal votes or the rejection of legal votes is alleged as a causeof contest, it is sufficient to state generally that:
(i) illegal votes were given to a person whose election is contested, which, if taken fromhim, would reduce the number of his legal votes below the number of legal votes given to someother person for the same office; or
(ii) legal votes for another person were rejected, which, if counted, would raise thenumber of legal votes for that person above the number of legal votes cast for the person whoseelection is contested.
(d) (i) The court may not take or receive evidence of any the votes described inSubsection (2)(c), unless the party contesting the election delivers to the opposite party, at leastthree days before the trial, a written list of the number of contested votes and by whom thecontested votes were given or offered, which he intends to prove at trial.
(ii) The court may not take or receive any evidence of contested votes except those thatare specified in that list.
(3) (a) In contesting the results of a bond election, a registered voter shall contest thevalidity of the declared results by filing a verified written complaint with the district court of thecounty in which he resides within 40 days after the date of the official finding entered underSection 11-14-207.
(b) The complaint shall include:
(i) the name of the party contesting the election;
(ii) a statement that the party is a registered voter in the jurisdiction in which the electionwas held;
(iii) the bond proposition that is the subject of the contest;
(iv) one or more of the grounds for an election contest specified in Section 20A-4-402;and
(v) if the reception of illegal votes or the rejection of legal votes is alleged as a groundfor the contest, the name and address of all persons who allegedly cast illegal votes or whoselegal vote was rejected.
(c) When the reception of illegal votes or the rejection of legal votes is alleged as a causeof contest, it is sufficient to state generally that:
(i) illegal votes were counted in one or more specified voting precincts which, if takenout of the count, would change the declared result of the vote on the proposition; or
(ii) legal votes were rejected in one or more specified voting precincts, which, if counted,would change the declared result of the vote on the proposition.
(d) (i) The court may not take or receive evidence of any of the votes described inSubsection (3)(c) unless the party contesting the election delivers to the opposite party, at leastthree days before the trial, a written list of the number of contested votes and by whom thecontested votes were given or offered, which he intends to prove at trial.
(ii) The court may not take or receive any evidence of contested votes except those thatare specified in that list.
(4) The court may not reject any statement of the grounds of contest or dismiss theproceedings because of lack of form, if the grounds of the contest are alleged with such certaintyas will advise the defendant of the particular proceeding or cause for which the election iscontested.
(5) (a) The petitioner shall serve a copy of the petition on the respondent.
(b) (i) If the petitioner cannot obtain personal service of the petition on the respondent,the petitioner may serve the respondent by leaving a copy of the petition with the clerk of thecourt with which the petition was filed.
(ii) The clerk shall make diligent inquiry and attempt to inform the respondent that hehas five days to answer the complaint.
(c) The respondent shall answer the petition within five days after the service.
(d) If the reception of illegal votes or the rejection of legal votes is alleged as a groundfor the contest, the defendant shall set forth in the answer the name and address of all personswhom the defendant believes were properly or improperly admitted or denied the vote.
(e) If the answer contains a counterclaim, the petitioner shall file a reply within 10 daysafter service of the counterclaim.
(6) (a) The provisions of this Subsection (6) provide additional requirements that applyto municipal election contests that are in addition to the other requirements of this sectiongoverning election contest.
(b) Municipal election contests shall be filed, tried, and determined in the district court ofthe county in which the municipality is located.
(c) (i) As a condition precedent to filing a municipal election contest, the petitioner shallfile a written affidavit of intention to contest the election with the clerk of the court within sevendays after the votes are canvassed.
(ii) The affidavit shall include:
(A) the petitioner's name;
(B) the fact that the petitioner is a qualified voter of the municipality;
(C) the respondent's name;
(D) the elective office contested;
(E) the time of election; and
(F) the grounds for the contest.
(d) (i) Before the district court takes jurisdiction of a municipal election contest, thepetitioner shall file a bond with the clerk of the court with the sureties required by the court.
(ii) The bond shall name the respondent as obligee and be conditioned for the payment ofall costs incurred by the respondent if the respondent prevails.
Amended by Chapter 238, 2007 General Session