§ 20A-4-404. Election contest -- Calendaring and disposition.

(1)

(a) Upon receipt of the petition, the clerk shall inform the chief judge of the court having jurisdiction.

(b) The chief judge shall issue an order:

(i) assigning the case to a district court judge, if the district court has jurisdiction; and

(ii) setting a date and time, not less than 10 nor more than 30 days from the date the petition was filed to hear and determine the contest.

(c) The clerk shall:

(i) issue a subpoena for the person whose right to the office is contested to appear at the time and place specified in the order; and

(ii) cause the subpoena to be served.

(2) The court shall meet at the time and place designated to determine the contest.

(3)

(a) If it is necessary for the court to inspect the ballots of any voting precinct in order to determine any election contest the judge may order the proper officer to produce them.

(b) The judge shall:

(i) open and inspect the ballots in open court in the presence of the parties or their attorneys; and

(ii) immediately after the inspection, seal them in an envelope and return them, by mail or otherwise, to their legal custodian.

(4)

(a) If the petition, response, or counterclaim alleges an error in the canvass sufficient to change the result, the court may order and conduct a recount of the ballots or vote tabulation.

(b) The court may also require the production of any documents, records, and other evidence necessary to enable it to determine the legality or illegality of any vote cast or counted.

(c)

(i) After all the evidence in the contest is submitted, the court shall enter its judgment, either confirming the election result or annulling and setting aside the election.

(ii) If the court determines that a person other than the one declared elected received the highest number of legal votes, the court shall declare that person elected.

Enacted by Chapter 1, 1993 General Session