Election Contests

ELECTION
CONTESTS
Election Contests
An election is the process of choosing a
person to fill an office. An election contest is
a right of action conferred on every candidate
to contest the certification of nomination or
the certificate of vote as made by the
appropriate officials in any election.
Two Types of election Contest
Motion seeking to oust and replace the
certified winner; and
Motion seeking to declare an election void
altogether.
The fundamental purpose of an election
contest is to ascertain the true will of the
electorate. Moreover, an election contest
provides a simple and speedy means of
contesting elections. Additionally, an
election contest presupposes a full and
fair litigation of election disputes in an
expeditious manner.The remedy provided
in an election contest is a statutory one
and equity cannot be invoked to
determine an elections validity. An
election can be contested only for matters
that would impeach the fairness of the
result.
An election to any public office can
be contested on the following
grounds:
When illegal votes have been

received;
When legal votes rejected at the
polls, sufficient to change the
result;
Where any error is committed by
any board of canvassers in
counting the votes or declaring
There is no provision under the common law to contest
an election. The right to contest an election exists only
under the constitutional and statutory provisions. An
election contest is a special statutory proceeding. One
who seeks the benefit of a statutory proceeding must
comply with all the procedural terms of the statute.
Courts cannot exceed the provisions of applicable
statutes in resolving election contests. Thus the
procedure proscribed by a state must be strictly
followed in deciding election contests. The judicial
determination of election contests requires strict
adherence to the constitutional and statutory provisions
in the various jurisdictions. All candidates have the
right to protest the returns of an election by filing a
protest with the appropriate canvassing board. In order
to contest election results, the petitioner must show
that the result of the election will be different in the
absence of irregularities.
A candidate intending to
contest the election of a
member of the House of
Representatives must file a
notice of his/her intention to
contest the election with the
Board of Canvassers within
thirty days after the result of
the election. She/he must
serve a copy of notice upon
The court or board authorized by
statute or the constitution has
jurisdiction to hear an election contest.
The jurisdictional facts must appear
on the face of the proceedings.
However, jurisdictional defects can be
raised at any time[xiii]. A judge who
may be affected by the result of the
decision is disqualified from sitting in
the hearing. The proper or necessary
parties to election contest proceedings
are usually prescribed by each statute.
The right to contest an
election is generally
conferred on:
Electors;
Candidates; or
Both.
A petition for an election
contest must present more
than mere charges of fraud
and irregularity in the
election. Specifications are
necessary to avoid indefinite
and indeterminable inquiry. In
an election contest, courts
usually grant such relief which
the statutes specifically
In deciding an election
contest, the court can:
uphold the entire election or declare it
invalid;
declare a winner of the election or order a
new election between the candidates;
declare the election void if it concludes
that it cannot determine the true outcome
of the election; or
conclude that a new election is the fairest
way to ascertain the true will of the people.
In many jurisdictions, statutory or
constitutional provisions provide
appeal from election contests
available in many jurisdictions.
Moreover, the judgment of the trial
court can be stayed pending the
decision of the appellate court. In
reviewing the trial courts findings of
fact in an election contest, the
appellate court will not disturb the
trial courts findings of fact unless
those findings are plainly and
palpably wrong and not supported by

Election Contests

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Election Contests

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ELECTION

When illegal votes have been

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