115.539. Circuit court to order recount of votes, when. - Missouri Statutes

Circuit court to order recount of votes, when.

115.539. If the court finds there is a prima facie showingof irregularities which place the result of the primary electionin doubt, the court shall order a recount of all votes brought inquestion by the petition or its answer. Where the issue is drawnover the validity of certain votes cast, a prima facie case ismade if the validity of a number of votes equal to or greaterthan the margin of defeat is placed in doubt. The court mayorder a recount of all votes brought in question by the petitionor its answer at any time if it finds that the primary electionresult is placed in doubt. All materials and records relating tothe contested election may be subpoenaed and all informationcontained therein shall be subject to the rules of discovery incivil cases. During a recount, the court may hear additionalevidence offered by any party bearing on any issue relating tothe contested election.

(L. 1977 H.B. 101 § 13.030)

Effective 1-1-78