Title IX — SUFFRAGE AND ELECTIONS

115.483. Duties of judge after polls close (voting machines). — 1. As soon as the polls close in each polling place using electronic voting machines, the election judges shall secure each voting machine against further voting and proceed to count the votes. Once begun, the count …

115.491. Supervisory judges to return ballots and supplies to election authority, when. — 1. Except as otherwise expressly provided in this subchapter, the two supervisory judges, one from each major political party, shall return the voted ballots, the ballots marked "REJECTED", …

115.493. Ballots and records to be kept twenty-two months, may be inspected, when. — The election authority shall keep all voted ballots, ballot cards, processed ballot materials in electronic form and write-in forms, and all applications, statements, certificates, affidavits and…

115.495. Electronic voting machine to be kept secured — machine unlocked, when — election contest, initial election data to be removed and secured before subsequent election. — 1. After being secured against further voting by the election judges, electronic voting machines shall …

115.497. Verification board to convene, when. — As soon as practicable after each election, the election authority shall convene a verification board to verify the count and certify the results of the election. ­­-------- (L. 1977 H.B. 101 § 12.130) Effective 1-01-78

115.499. Verification board, how constituted. — 1. Where the election authority is a board of election commissioners, the board of election commissioners shall be the verification board. 2. Where the election authority is a county clerk, the county clerk and two verification judg…

115.501. Verification board, duties of — meetings, when. — As soon as possible after an election in which paper ballots or ballot cards are used, the verification board shall meet and check the addition and figures on all tally sheets and statements of returns and shall compare i…

115.503. Verification board to inspect or cause inspection of secured electronic voting machines. — 1. As soon as possible after an election in which electronic voting machines are used, the verification board, or a bipartisan committee appointed by the verification board, shall …

115.505. Corrected returns prima facie evidence in election contests. — In case of an election contest, the corrected returns of the verification board shall be prima facie evidence of the vote at the election to the same extent and in the same manner as are the returns of the el…

115.507. Announcement of results by verification board, contents, when due — abstract of votes to be official returns. — 1. Not later than the second Tuesday after the election, the verification board shall issue a statement announcing the results of each election held within its…

115.508. Certification of election prohibited prior to noon on Friday after election day. — Notwithstanding any other provision of law to the contrary, no election authority or verification board shall certify election results, as required under section 115.507, before noon on th…

115.509. Messenger to be sent for abstract of votes, when. — If the secretary of state fails to receive any abstract for one mail after it is due, he shall dispatch a messenger to the county not returned, with the direction to deliver the abstract, unless circumstances clearly ju…

115.511. Board of state canvassers to convene, when — secretary of state to announce results, when. — 1. The secretary of state shall convene the board of state canvassers to total the abstracts of each primary election and the board shall, not later than two weeks after receivin…

115.512. Votes for gubernatorial candidates, how reported. — Each election authority shall report the vote for each candidate for governor by committee district for each congressional district, senatorial district, and legislative district wholly or partially contained within the…

115.513. Evidence of fraud or violation of law discovered by verification board to be reported. — If any verification board, bipartisan committee, election authority or the secretary of state obtains evidence of fraud or any violation of law during a verification, it shall presen…

115.515. Tie vote in primary election, procedure to be followed. — 1. If two or more persons receive an equal number of votes for nomination as a party's candidate for any federal office, governor, lieutenant governor, secretary of state, attorney general, state treasurer, state …

115.517. Tie vote in general election, procedure to be followed. — 1. If two or more persons receive an equal number of votes for election to the office of governor, lieutenant governor, secretary of state, state auditor, state treasurer or attorney general, and a higher number o…

115.519. Runoff election between tied candidates only. — Only the names of those persons who have received an equal number of votes for nomination to an office at party primary and a higher number of votes than any other candidate for the same office on the same party ballot shal…

115.521. Notice of runoff election published, when. — Except as provided in subsection 2 of section 115.023, each election authority receiving a proclamation ordering a special election to decide a tie vote shall cause legal notice of the election to be published once in the four…

115.523. Certificate of nomination to issue, when — certificate of election to issue, when. — 1. As soon as possible after each primary election, each person nominated for an office at the primary election shall be issued a certificate of nomination. 2. As soon as possible after …

115.525. Each house of general assembly to receive list of its newly elected members, when. — Within two days after the first meeting of each general assembly, the secretary of state shall lay before each house a list of its elected members, consistent with the abstracts in his o…

115.526. Qualifications of candidates may be challenged, by whom, procedure — disqualification, when. — 1. Any candidate for nomination to an office at a primary election may challenge the declaration of candidacy or qualifications of any other candidate for nomination to the sam…

115.527. Challenge of nomination at primary, who may make. — Any candidate for nomination to an office at a primary election may challenge the correctness of the returns for the nomination charging that irregularities occurred in the election. ­­-------- (L. 1977 H.B. 101 § 13.00…

115.529. Circuit court to hear primary election contests. — Circuit courts shall have jurisdiction to hear and determine all primary election contests. ­­-------- (L. 1977 H.B. 101 § 13.005) Effective 1-01-78

115.531. Petition to contest primary election, contents of — filing in incorrect circuit, procedure. — 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 b…

115.533. Procedure after petition filed. — 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…

115.535. Election contest to have preference in order of hearing. — The contested election shall have preference in the order of hearing to all other cases and shall be commenced at the date set and heard day to day, including evenings and weekends if necessary, until determined.…

115.537. Hearing on necessity for recount, when. — Not later than five days after the petition is filed, a preliminary hearing shall be held to determine whether there shall be a recount and not to determine what the recount would show. The court shall hear all evidence by the co…

115.539. Circuit court to order recount of votes, when. — If the court finds there is a prima facie showing of irregularities which place the result of the primary election in doubt, the court shall order a recount of all votes brought in question by the petition or its answer. W…

115.541. Recount, primary election, irregularities in election — how conducted. — 1. Whenever a recount is ordered pursuant to section 115.539, the court shall order all materials and records relating to the contest brought before it, so that the court has the same materials and …

115.543. Court to appoint persons making recount — persons authorized to be present during recount. — Whenever a recount is ordered pursuant to section 115.539 or 115.601, the court shall determine the number of persons necessary to assist with the recount and shall appoint such …

115.545. Court to render judgment, when — effect of judgment. — Upon completion of the procedures provided for in this subchapter, the court shall render its judgment based upon the issues of law and fact and cause a certified copy of its judgment to be transmitted to each affect…

115.547. Contestant to post bond, when. — In each case of a contested primary election, the court may require the contestant to post bond for the costs and expenses of the election contest. The costs and expenses of any election contest, including the cost and expense of a recoun…

115.549. New primary election may be ordered, when. — If any court trying a contested primary election determines there were irregularities of sufficient magnitude to cast doubt on the validity of the initial election, it may order a new primary election for the contested office.…

115.551. Appeal, how taken. — Either party to the contest may appeal the judgment of the circuit court to the court of appeals of the appropriate jurisdiction, who shall give the case preference in the order of hearing to all other cases, modify its rules to the extent necessary …

115.553. Candidate may challenge returns — registered voter of area may contest result. — 1. Any candidate for election to any office may challenge the correctness of the returns for the office, charging that irregularities occurred in the election. 2. The result of any election …

[Repealed or reserved.]

115.557. Election contest to be filed, when. — Not later than thirty days after the official announcement of the election result by the secretary of state, any person authorized by section 115.553 who wishes to contest the election for any office or on any question provided in se…

115.559. Procedure after filing of petition. — 1. Immediately after a petition is filed, the clerk of the supreme court shall issue a summons upon the petition to the contestee, returnable by the day designated by the supreme court to the supreme court. The summons shall be serve…

115.561. Commissioner to take testimony, appointed, when — powers of commissioner. — 1. Immediately upon the filing of a petition and answer, if there is any, the supreme court shall appoint a commissioner of the court to take the testimony of witnesses at such times and places a…

115.563. Contests for office of senator or representative to be heard by respective body. — 1. All contested elections for the office of state senator shall be heard and determined by the state senate. All contested elections for the office of state representative shall be heard …

115.565. Contests for house or senate seats, where and how filed. — Not later than thirty days after the official announcement of the election result is issued by the secretary of state, any candidate who wishes to contest the election for an office provided in section 115.563 sh…

115.567. Contestee, service on, how made — notice to secretary of state — time for filing answer. — 1. At the time of filing, the contestee shall be served with a copy of the petition by the contestant or his representative. With the copy of the petition shall be included a writt…

115.569. Depositions, when taken — civil discovery rules to apply. — Immediately upon the filing of a petition and answer, the taking of depositions may commence at the option of the contestant, and the persons selected by the contestant and contestee to take depositions shall im…

115.571. Evidence to be received, form, contents. — 1. Evidence received by the senate or house may be either by depositions taken pursuant to section 115.569 or by witnesses subpoenaed for personal appearance before the senate or house. 2. No testimony shall be received in the t…

115.573. No appeal from decision of house or senate. — The determination made by the state senate or the state house of representatives on a contested election shall be final and not subject to court review. ­­-------- (L. 1977 H.B. 101 § 13.225) Effective 1-01-78

115.575. Contests for office of circuit judge, where heard — other contests, where heard — filing in incorrect circuit, procedure. — 1. Notwithstanding any provision of this chapter to the contrary, all contested elections for the office of circuit or associate circuit judge not …

115.577. Time in which election contest may be filed. — Not later than thirty days after the official announcement of the election result by the election authority, any person authorized by section 115.553 who wishes to contest the election for any office or on any question provi…

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 cou…

115.581. Case to be tried, when. — Immediately upon the filing of a petition and answer, if there is any, the court shall proceed to try the case and may at once appoint a commissioner to take testimony in the same way and manner as provided for the contest of state offices in se…