Section 115.579

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 01 Jan 1978, see footnote   

  115.579.  Duty of circuit clerk upon filing of petition — answer, when due. — 1.  Immediately after a petition is filed, the clerk of the circuit court shall issue a summons upon the petition to the contestee, returnable by the day designated by the circuit court to the circuit court.  The summons shall be served in any county of the state in the same manner provided for service of process in civil actions.  If the contestee cannot be found within two days, the summons shall be served by leaving the summons and a copy of the petition at the residence address shown on the contestee's declaration of candidacy and by posting the summons in a conspicuous place in the office of the clerk of the circuit court.

  2.  Immediately after the petition is filed, the clerk of the circuit court shall send by certified or registered mail a certified copy of the petition to the election authority responsible for issuing a statement announcing the results of the contested election and to each election authority responsible for conducting the election in any area where an alleged irregularity occurred.

  3.  Not later than fifteen days after the petition is filed, the contestee may file an answer to the petition, specifying reasons why his nomination should not be contested.  If the contestee wishes to contest the validity of any votes given to the contestant, he shall set forth in his answer the votes he wishes to contest and the facts he will prove in support of such contest and shall pray leave to produce his proof.

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(L. 1977 H.B. 101 § 13.310)

Effective 1-01-78