(1)
(a)
Any registered elector may, by written challenge, protest against the registration of any person whose name appears in a county registration record. The written challenge shall state the precinct number, the name of the challenged registrant, the basis for such challenge, the facts supporting the challenge, and some documentary evidence to support the basis for the challenge, and shall bear the signature and address of the challenger. The written challenge and supporting evidence shall be filed with the county clerk and recorder no later than sixty days before any election. The county clerk and recorder shall notify the registrant of the challenge and shall set a time and place for a hearing to be held not later than thirty days after the filing of the challenge, at which hearing the challenged registrant shall have the opportunity to appear. The person challenging the registration shall appear and shall bear the burden of proof of the allegations in the challenge. The county clerk and recorder shall conduct the hearing and receive testimony and evidence, shall render a decision in accordance with paragraph (b) of this subsection (1) no later than five days thereafter, and shall notify both parties of the decision.
(b)
In rendering a decision, the county clerk and recorder has the following options:
(I)
If the county clerk and recorder finds sufficient evidence to support the allegations in the challenge, he or she shall cancel the registered elector's name from the statewide voter registration system; or
(II)
(Deleted by amendment, L. 2013.)
(III)
If the county clerk and recorder finds no evidence or insufficient evidence to support the allegations in the challenge, he or she shall deny the challenge to cancel the registered elector's name from the statewide voter registration system.
(2)
All appeals from the decision of the county clerk and recorder shall be to the district court within three days after the decision is issued. The appellant shall file in the district court a verified petition setting forth the facts presented at the hearing, the decision of the county clerk and recorder, and the basis for the appeal. Within twenty-four hours, the clerk of the district court shall mail to the other party a notice of the appeal and the time set for hearing, which shall be not less than three days nor more than five days after the date of filing.
(3)
The court shall hear the testimony and other evidence and investigate summarily and, within forty-eight hours after the close of the evidence, determine whether or not the charges are sustained. Only competent legal evidence may be received at the hearing or considered by the court, and no name registered in accordance with law shall be canceled from the statewide voter registration system unless it is proven that the challenged person does not reside at the address provided by the person at the time of registration. No presumption may be made against any person whose registration is challenged merely because of the failure of that person to attend the hearing. The court has the power to subpoena any person as a witness at the hearing and make any necessary investigation to ascertain the truth of any of the charges in the petition if the method of the investigation does not cause unnecessary delay or interfere with the final disposition of the cause within the time provided for in this section. The hearing on any petition is summary and final and is not subject to delay. At the close of the hearing, the court shall announce the names in the petition as to which the charges have been sustained and shall direct the clerk of the court to certify forthwith to the county clerk and recorder the lists of names of those persons, with their addresses, arranged alphabetically and according to precinct. The county clerk and recorder, upon receipt of the list from the court, shall forthwith cancel those names from the statewide voter registration system for the proper precinct with the notation that the names were canceled pursuant to court order, giving the date of the order. The decision of the court is final, and no appeal lies to any other court; except that the supreme court, in the exercise of its discretion, may review any such proceedings in a summary way.
History
Amended by
2016
Ch.
173
,
§
59
, eff.
5/18/2016
.
Amended by
2013
Ch.
185
,
§
111
, eff.
5/10/2013
.
L. 80: Entire article R&RE, p. 380, § 1, effective
1/1/1981
. L. 87: (1) and (3) amended, p. 295, § 29, effective June 26. L. 89: (3) amended, p. 309, § 20, effective May 9. L. 91: (1)(b)(II) amended, p. 637, § 76, effective May 1. L. 92: Entire article amended, p. 771, § 12, effective
1/1/1993
. L. 93: (1)(b)(II) amended, p. 1769, § 16, effective June 6. L. 97: (1)(b)(II) amended, p. 477, § 21, effective July 1. L. 99: (1)(a) amended, p. 778, § 63, effective May 20. L. 2000: (1)(a) amended, p. 301, § 1, effective August 2. L. 2013: (1)(b) amended, (HB 13-1303), ch. 185, p. 745, § 111, effective May 10. L. 2016: (1)(b)(I), (1)(b)(III), and (3) amended, (SB 16-142), ch. 173, p. 585, § 59, effective May 18.
Editor's Note
This section is similar to former § 1-12-101 as it existed prior to 1980.