Title II, ELECTIONS AND OFFICIAL DUTIES (Ch. 39 - 79)

The proceedings shall be assimilated to those in an action, so far as practicable, but shall be under the control and direction of the court, which shall have all the powers of the district court necessary to the right hearing and determination of the matter, to compel the attend…

The statement shall not be dismissed for want of form, if the particular causes of contest are alleged with such certainty as will sufficiently advise the incumbent of the real grounds of contest. [C51, §355; R60, §585; C73, §705; C97, §1211; C24, 27, 31, 35, 39, § 1033; C46, 50,…

If any part of the causes are held insufficient, they may be amended, but the incumbent will be entitled to an adjournment, if the incumbent states on oath that the incumbent has matter of answer to the amended causes, for the preparation of which the incumbent needs further time…

The testimony may be oral or by deposition, taken as in an action at law in the district court. [C51, §351; R60, §581; C73, §703; C97, §1209; C24, 27, 31, 35, 39, § 1035; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §62.16 ] Depositions in general, R.C.P. 1.701 et seq.

The court may require any person called as a witness, who voted at such election, to answer touching the person’s qualifications as a voter, and, if the person was not a registered voter in the county where the person voted, then to answer for whom the person voted. [C51, §360; R…

The court shall adjudge whether the incumbent or any other person was duly elected, and that the person elected is entitled to the certificate. If the court finds that the election resulted in a tie vote for any office, the tie shall be resolved pursuant to section 50.44 . If the…

When either the contestant or incumbent shall be in possession of the office, by holding over or otherwise, the presiding judge shall, if the judgment be against the party so in possession of the office and in favor of the party’s antagonist, issue an order to carry into effect t…

The court for the trial of contested county elections shall consist of a district court judge from the judicial district where the county election is being contested, appointed by the chief justice of the supreme court by January 30 of each odd-numbered year. [C51, §343; R60, §57…

Members of the contest court shall be sworn in the same manner and form as trial jurors are sworn in trials of civil actions. When a member fails to appear on the day of trial, that member’s place may be filled by the appointment of another member under the same rule. [C51, §347,…

The party against whom judgment is rendered may appeal within twenty days to the supreme court, but, if the party be in possession of the office, such appeal will not supersede the execution of the judgment of the court as provided in section 62.19 , unless the party gives a bond…

If, upon appeal, the judgment is affirmed, the supreme court may render judgment upon the bond for the amount of damages, against the appellant and the sureties thereon. [C73, §717; C97, §1223; C24, 27, 31, 35, 39, § 1040; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §62.21 ]…

The style, form, and manner of service of process and papers, and the fees of officers and witnesses, shall be the same as in the district court, so far as the nature of the case admits. [C51, §356, 374; R60, §586, 604; C73, §706, 724; C97, §1212; C24, 27, 31, 35, 39, § 1041; C46…

The judges shall be entitled to receive one hundred dollars a day for the time occupied by the trial. [C51, §363; R60, §593; C73, §710; C97, §1216; C24, 27, 31, 35, 39, § 1042; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §62.23 ] 93 Acts, ch 143, §39

The contestant and the incumbent are responsible for the expenses of the witnesses called by them, respectively. If the results of the election are upheld by the contest, if the statement is dismissed, or if the prosecution fails, the costs of the contest shall be paid by the con…

A transcript of the judgment may be filed and recorded in the office of the clerk of the district court and shall have the effect of a judgment of that court and execution may issue thereon. [C51, §365; R60, §595; C73, §712; C97, §1218; C24, 27, 31, 35, 39, § 1044; C46, 50, 54, 5…

The county auditor shall be clerk of this court, and keep all papers, and record the proceedings in the election book, in manner similar to the record of the proceedings of the district court, but when the county auditor is a party, the court shall appoint a suitable person as cl…

The court or presiding judge may direct the attendance of the sheriff or a deputy when necessary. [C51, §359; R60, §589; C73, §708; C97, §1214; C24, 27, 31, 35, 39, § 1023; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §62.4 ] Referred to in §331.653

1. Within twenty days after the board of supervisors declares a winner from the canvass of an election, the contestant shall file with the commissioner a written statement of intention to contest the election. If a recount is held for the office in question, and the recount board…

The contestant must also file with the county auditor a bond, with security to be approved by said auditor, conditioned to pay all costs in case the election be confirmed, or the statement be dismissed, or the prosecution fail. [C51, §345; R60, §575; C73, §697; C97, §1203; C24, 2…

When the auditor is a party, the county treasurer shall receive such statement and approve such bond. [C73, §697; C97, §1203; C24, 27, 31, 35, 39, § 1026; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §62.7 ] 93 Acts, ch 70, §1

The presiding judge shall fix a day for the trial, not more than thirty days thereafter, and shall cause a notice of such trial to be served on the incumbent, with a copy of the contestant’s statement, at least ten days before the day set for trial. If the trial date is set for l…