115.531. Petition to contest primary election, contents of--filing in incorrect circuit, procedure. - Missouri Statutes

Petition to contest primary election, contents of--filing inincorrect circuit, procedure.

115.531. 1. Not later than five days after the official announcementof the results of a primary election is issued by the election authority orthe secretary of state, as the case may be, any candidate desiring tocontest the primary election shall file a verified petition in the officeof the clerk of the circuit court of any circuit in which part of theelection was held and in which any alleged irregularity occurred, unlessthe office involved in the contest is that of a circuit or associatecircuit judge not subject to section 25, article V, Constitution ofMissouri, in which case the verified petition shall be filed, heard, anddetermined by an adjoining circuit court selected by the contestant asspecified in section 115.575. The contestant shall only be required tofile one petition with the circuit court for each election contestregardless of the number of counties within the court's jurisdiction. Thepetition shall set forth the points on which the contestant wishes tocontest the election and the facts the contestant will prove in support ofsuch points, and shall pray leave to produce such proof. The judge of thecourt shall immediately note on the petition the date it was filed andshall immediately set a date, not later than five days after the petitionis filed, for a preliminary hearing. If the petition is filed in vacation,the judge of the circuit court shall immediately convene the court inspecial session for the purpose of hearing the contest. If no regularjudge of the court is available the supreme court shall immediately assignanother judge. The circuit court in which the petition is filed shall haveexclusive jurisdiction over all matters relating to the contest and mayissue appropriate orders to all election authorities in the area in whichthe contested election was held.

2. If a petition contesting a primary election is filed in anincorrect circuit, the court in which it is filed shall have jurisdictionand shall promptly transfer the suit to the correct circuit court.

(L. 1977 H.B. 101 § 13.010, A.L. 1997 S.B. 132, A.L. 2003 H.B. 133)