Repeals, adds to and amends existing law relating to elections, election contests and election offenses.
ELECTION CONTESTS -- Repeals, adds to and amends existing law relating to elections, election contests and election offenses.
STATEMENT OF PURPOSE
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This legislation repeals existing statutes governing contests of elections for legislative seats and executive departmentofficials. Therepealedsectionsarereplacedwithanewchapterthatgovernscontestsofelections. This legislation builds on the framework of the current statutes, but clarifies and streamlines the approach in light of what was learned during the 2017 Senate contest of election. Provisions included in this legislation (and not found in the current statutory framework) include defining terms, clarifying jurisdiction over the contests, clarifying the grounds upon which an election contest may be filed, specifically providing for legislative rules to supplement the statutory approach, clarifying notice requirements and providing for an early (summary) dismissal of a contest in certain instances. Also, the awarding of costs and attorney's fees are specifically provided for in certain instances and at the legislature's discretion. Further, legislation modernizes archaic language and provisions, some of which date from the late 19th century. Finally, the legislation revises a provision of the criminal code governing certain election offenses.
HOW THEY VOTED
Senate Third Reading
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YEA (35)
NAY (0)
House Third Reading
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YEA (69)
NAY (0)
ABSENT / NOT VOTING (1)
LATEST ACTION
Session Law Chapter 293 Effective: 07/01/2017