Utah Code 20A-4-403. Election contest — Petition and response
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Terms Used In Utah Code 20A-4-403
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Bond election: means an election held for the purpose of approving or rejecting the proposed issuance of bonds by a government entity. See Utah Code 20A-1-102
- Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
- Election officer: means :(23)(a) the lieutenant governor, for all statewide ballots and elections;(23)(b) the county clerk for:(23)(b)(i) a county ballot and election; and(23)(b)(ii) a ballot and election as a provider election officer as provided in Section
Utah Code 20A-1-102 - Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipality: means a city or town. See Utah Code 20A-1-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Voter: means an individual who:
(79)(a) meets the requirements for voting in an election;(79)(b) meets the requirements of election registration;(79)(c) is registered to vote; and(79)(d) is listed in the official register book. See Utah Code 20A-1-102(1)(a) In contesting the results of all elections, except for primary elections and bond elections, a registered voter may contest the right of an individual declared elected to office by filing a verified written complaint with the district court of the county in which the registered voter resides within 40 days after the day on which the canvass concludes.(1)(b) The complaint shall include:(1)(b)(i) the name of the voter contesting the election;(1)(b)(ii) a statement that the voter is a registered voter in the jurisdiction in which the election was held;(1)(b)(iii) the name of the individual whose right to the office is contested;(1)(b)(iv) the office to which the individual was ostensibly elected;(1)(b)(v) one or more of the grounds for an election contest specified in Section 20A-4-402;(1)(b)(vi) the individual who was purportedly elected to the office as respondent; and(1)(b)(vii) if the reception of illegal votes or the rejection of legal votes is alleged as a ground for the contest, the name and address of all individuals who allegedly cast illegal votes or whose legal vote was rejected.(1)(c) When the reception of illegal votes or the rejection of legal votes is alleged as a cause of contest, it is sufficient to state generally that:(1)(c)(i) illegal votes were given in one or more specified voting precincts to an individual whose election is contested, which, if taken from the individual, would reduce the number of legal votes for the individual below the number of legal votes given to another individual for the same office; or(1)(c)(ii) legal votes for another individual were rejected, which, if counted, would raise the number of legal votes for that individual above the number of legal votes cast for the individual whose election is contested.(1)(d)(1)(d)(i) The court may not take or receive evidence of any of the votes described in Subsection (1)(c) unless the individual contesting the election delivers to the respondent, at least three days before the trial, a written list of the number of contested votes and by whom the contested votes were given or offered, which the individual intends to prove at trial.(1)(d)(ii) The court may not take or receive any evidence of contested votes except those that are specified in that list.(2)(2)(a) In contesting the results of a primary election, when contesting the petition nominating an independent candidate, or when challenging any person, election officer, election official, board, or convention for failing to nominate an individual, a registered voter may contest the right of an individual declared nominated to office by filing a verified written complaint within 10 days after the day on which the canvass for the primary election concludes, after the date of filing of the petition, or after the date of the convention, respectively, with:(2)(a)(i) the district court of the county in which the registered voter resides if the registered voter is contesting a nomination made only by voters from that county; or(2)(a)(ii) the Utah Supreme Court, if the registered voter is contesting a nomination made by voters in more than one county.(2)(b) The complaint shall include:(2)(b)(i) the name of the voter contesting the nomination;(2)(b)(ii) a statement that the voter contesting the nomination is a registered voter in the jurisdiction in which the election was held;(2)(b)(iii) the name of the individual whose right to nomination is contested or the name of the individual who failed to have their name placed in nomination;(2)(b)(iv) the office to which the individual was nominated or should have been nominated;(2)(b)(v) one or more of the grounds for an election contest specified in Subsection (1);(2)(b)(vi) the individual who was purportedly nominated to the office as respondent; and(2)(b)(vii) if the reception of illegal votes or the rejection of legal votes is alleged as a ground for the contest, the name and address of all individuals who allegedly cast illegal votes or whose legal vote was rejected.(2)(c) When the reception of illegal votes or the rejection of legal votes is alleged as a cause of contest, it is sufficient to state generally that:(2)(c)(i) illegal votes were given to an individual whose election is contested, which, if taken from the individual, would reduce the number of legal votes given to the individual below the number of legal votes given to another individual for the same office; or(2)(c)(ii) legal votes for another individual were rejected, which, if counted, would raise the number of legal votes for that individual above the number of legal votes cast for the individual whose election is contested.(2)(d)(2)(d)(i) The court may not take or receive evidence of any votes described in Subsection (2)(c), unless the voter contesting the election delivers to the opposite party, at least three days before the trial, a written list of the number of contested votes and by whom the contested votes were given or offered, which the voter intends to prove at trial.(2)(d)(ii) The court may not take or receive any evidence of contested votes except those that are specified in that list.(3)(3)(a) In contesting the results of a bond election, a registered voter may contest the validity of the declared results by filing a verified written complaint with the district court of the county in which the registered voter resides within 40 days after the date of the official finding entered under Section 11-14-207.(3)(b) The complaint shall include:(3)(b)(i) the name of the voter contesting the election;(3)(b)(ii) a statement that the voter is a registered voter in the jurisdiction in which the election was held;(3)(b)(iii) the bond proposition that is the subject of the contest;(3)(b)(iv) one or more of the grounds for an election contest specified in Section 20A-4-402; and(3)(b)(v) if the reception of illegal votes or the rejection of legal votes is alleged as a ground for the contest, the name and address of all individuals who allegedly cast illegal votes or whose legal vote was rejected.(3)(c) When the reception of illegal votes or the rejection of legal votes is alleged as a cause of contest, it is sufficient to state generally that:(3)(c)(i) illegal votes were counted in one or more specified voting precincts which, if taken out of the count, would change the declared result of the vote on the proposition; or(3)(c)(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.(3)(d)(3)(d)(i) The court may not take or receive evidence of any of the votes described in Subsection (3)(c) unless the voter contesting the election delivers to the respondent, at least three days before the trial, a written list of the number of contested votes and by whom the contested votes were given or offered, which the voter intends to prove at trial.(3)(d)(ii) The court may not take or receive any evidence of contested votes except those that are specified in that list.(4) The court may not reject any statement of the grounds of contest or dismiss the proceedings because of lack of form, if the grounds of the contest are alleged with sufficient certainty as will advise the defendant of the particular proceeding or cause for which the election is contested.(5)(5)(a) The petitioner shall serve a copy of the petition on the respondent.(5)(b)(5)(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 the court with which the petition was filed.(5)(b)(ii) The clerk shall make diligent inquiry and attempt to inform the respondent that the respondent has five days to answer the complaint.(5)(c) The respondent shall answer the petition within five days after the day of service.(5)(d) If the reception of illegal votes or the rejection of legal votes is alleged as a ground for the contest, the defendant shall include in the answer the name and address of all individuals whom the respondent believes were properly or improperly admitted or denied the vote.(5)(e) If the answer contains a counterclaim, the petitioner shall file a reply within 10 days after the day of service of the counterclaim.(6)(6)(a) The provisions of this Subsection (6) provide requirements that apply to municipal election contests that are in addition to the other requirements of this section governing election contest.(6)(b) Municipal election contests shall be filed, tried, and determined in the district court of the county in which the municipality is located.(6)(c)(6)(c)(i) As a condition precedent to filing a municipal election contest, the petitioner shall file a written affidavit of intention to contest the election with the clerk of the court within seven days after the day on which the votes are canvassed.(6)(c)(ii) The affidavit shall include:(6)(c)(ii)(A) the petitioner’s name;(6)(c)(ii)(B) the fact that the petitioner is a qualified voter of the municipality;(6)(c)(ii)(C) the respondent’s name;(6)(c)(ii)(D) the elective office contested;(6)(c)(ii)(E) the time of election; and(6)(c)(ii)(F) the grounds for the contest.(6)(d)(6)(d)(i) Before the district court takes jurisdiction of a municipal election contest, the petitioner shall file a bond with the clerk of the court with the sureties required by the court.(6)(d)(ii) The bond shall name the respondent as obligee and be conditioned for the payment of all costs incurred by the respondent if the respondent prevails.