Missouri Revised Statutes













Chapter 115

Election Authorities and Conduct of Elections

←115.529

Section 115.531.1

115.533→

August 28, 2015

Petition to contest primary election, contents of--filing in incorrect circuit, procedure.

115.531. 1. Not later than five days after the official announcement of

the results of a primary election is issued by the election authority or the

secretary of state, as the case may be, any candidate desiring to contest the

primary election shall file a verified petition in the office of the clerk of

the circuit court of any circuit in which part of the election was held and

in which any alleged irregularity occurred, unless the office involved in the

contest is that of a circuit or associate circuit judge not subject to

Section 25, Article V, Constitution of Missouri, in which case the verified

petition shall be filed, heard, and determined by an adjoining circuit court

selected by the contestant as specified in section 115.575. The contestant

shall only be required to file one petition with the circuit court for each

election contest regardless of the number of counties within the court's

jurisdiction. The petition shall set forth the points on which the

contestant wishes to contest the election and the facts the contestant will

prove in support of such points, and shall pray leave to produce such proof.

The judge of the court shall immediately note on the petition the date it was

filed and shall immediately set a date, not later than five days after the

petition is filed, for a preliminary hearing. If the petition is filed in

vacation, the judge of the circuit court shall immediately convene the court

in special session for the purpose of hearing the contest. If no regular

judge of the court is available the supreme court shall immediately assign

another judge. The circuit court in which the petition is filed shall have

exclusive jurisdiction over all matters relating to the contest and may issue

appropriate orders to all election authorities in the area in which the

contested election was held.



2. If a petition contesting a primary election is filed in an incorrect

circuit, the court in which it is filed shall have jurisdiction and shall

promptly transfer the suit to the correct circuit court.



(L. 1977 H.B. 101 § 13.010, A.L. 1997 S.B. 132, A.L. 2003 H.B. 133)





1997



1997



115.531. Not later than five days after the official announcement of

the results of a primary election is issued by the election authority or

the secretary of state, as the case may be, any candidate desiring to

contest the primary election shall file a verified petition in the office

of the clerk of the circuit court of any circuit in which part of the

election was held and in which any alleged irregularity occurred. The

contestant shall only be required to file one petition with the circuit

court for each election contest regardless of the number of counties within

the court's jurisdiction. The petition shall set forth the points on which

the contestant wishes to contest the election and the facts the contestant

will prove in support of such points, and shall pray leave to produce such

proof. The judge of the court shall immediately note on the petition the

date it was filed and shall immediately set a date, not later than five

days after the petition is filed, for a preliminary hearing. If the

petition is filed in vacation, the judge of the circuit court shall

immediately convene the court in special session for the purpose of hearing

the contest. If no regular judge of the court is available the supreme

court shall immediately assign another judge. The circuit court in which

the petition is filed shall have exclusive jurisdiction over all matters

relating to the contest and may issue appropriate orders to all election

authorities in the area in which the contested election was held.



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