Adds to and amends existing law to allow the Secretary of State or a county clerk to petition for judicial review of an election when it appears that an error occurred in the administration of the election and the error might be sufficient to change the outcome of the election.
ELECTIONS -- Adds to and amends existing law to allow the Secretary of State or a county clerk to petition for judicial review of an election when it appears that an error occurred in the administration of the election and the error might be sufficient to change the outcome of the election.
STATEMENT OF PURPOSE
Due to the complex nature and many participants involved in the administration of elections, errors can occur. Currently, theonlyavailableremedytoaddressanerror, andtodetermineifanerrorwassufficienttochangethe result of an election, is for an elector of the district to contest the election in court pursuant to I.C. §34-2001 et seq. This places the cost and the burden of filing suit to address the error on a candidate or voter. If the secretary of state or a county clerk identifies an error, there is no legal means to seek an independent review of the impact of the error. This legislation grants the secretary of state or county clerks the authority to seek judicial review by the district court. It also grants the district court the authority to void and order a new election, if the error is found to be sufficient to likely change the results of the election.
HOW THEY VOTED
House Third Reading
YEA (69)
NAY (0)
ABSENT / NOT VOTING (1)
Senate Third Reading
YEA (33)
NAY (0)
ABSENT / NOT VOTING (2)
LATEST ACTION
Reported Signed by Governor on March 18, 2022 Session Law Chapter 73 Effective: 07/01/2022