115.579. Duty of circuit clerk upon filing of petition--answer, when due. - Missouri Statutes

Duty of circuit clerk upon filing of petition--answer, when due.

115.579. 1. Immediately after a petition is filed, theclerk of the circuit court shall issue a summons upon thepetition to the contestee, returnable by the day designated bythe circuit court to the circuit court. The summons shall beserved in any county of the state in the same manner provided forservice of process in civil actions. If the contestee cannot befound within two days, the summons shall be served by leaving thesummons and a copy of the petition at the residence address shownon the contestee's declaration of candidacy and by posting thesummons in a conspicuous place in the office of the clerk of thecircuit court.

2. Immediately after the petition is filed, the clerk of thecircuit court shall send by certified or registered mail acertified copy of the petition to the election authorityresponsible for issuing a statement announcing the results of thecontested election and to each election authority responsible forconducting the election in any area where an alleged irregularityoccurred.

3. Not later than fifteen days after the petition is filed,the contestee may file an answer to the petition, specifyingreasons why his nomination should not be contested. If thecontestee wishes to contest the validity of any votes given tothe contestant, he shall set forth in his answer the votes hewishes to contest and the facts he will prove in support of suchcontest and shall pray leave to produce his proof.

(L. 1977 H.B. 101 § 13.310)

Effective 1-1-78