16-351

16-351. Limitations on appeals of validity of
nomination petitions; disqualification of candidate

A. Any elector filing any court action challenging the nomination of a candidate as
provided for in this chapter shall do so no later than 5:00 p.m. of the tenth day,
excluding Saturday, Sunday and other legal holidays, after the last day for filing
nomination papers and petitions. The elector shall specify in the action the petition
number, line number and basis for the challenge for each signature being challenged.
Failure to specify this information shall result in the dismissal of the court action.
Within ten days after the filing of the action, the superior court shall hear and render
a decision on the matter. Such decision shall be appealable only to the supreme court,
and notice of appeal shall be filed within five days after the decision of the superior
court in the action. The supreme court shall hear and render a decision on the appeal
promptly.

B. Any elector may challenge a candidate for any reason relating to qualifications
for the office sought as prescribed by law, including age, residency or professional
requirements, if applicable.

C. In any action challenging a nomination petition, the following persons are
indispensable parties to the action and shall be named and served as defendants:

1. The candidate whose petition is the subject of the challenge.

2. The officer with whom the petitions are required to be filed.

3. The board of supervisors and the recorder of each county or the clerk of each
city or town who is responsible for preparing the ballots that contain the challenged
candidate's name.

D. For the purposes of an action challenging nomination petitions, the board of
supervisors and the recorder of each county or the clerk of each city or town responsible
for preparing the ballots that contain the challenged candidate's name and each person
filing a nomination petition under this chapter appoints the officer with whom the
candidate files the nomination paper and petitions as the person's agent to receive
service of process. Process in an action challenging a nomination petition shall be
served immediately after the action is filed and in no event more than twenty-four hours
after filing the action, excluding Saturdays, Sundays and other legal holidays.
Immediately on receipt of process served on the officer as agent for a person filing a
nomination petition, the officer shall mail the process to the person and shall notify
the person by telephone of the filing of the action.

E. Notwithstanding the system used pursuant to section 16-163, subsection D, the
most current version of the general county register at the time of filing of a court
action challenging a nomination petition shall constitute the official record to be used
to determine on a prima facie basis by the challenger that the signer of a petition was
not registered to vote at the residence address given, or at the address on the general
county register if a mailing address was given, on the date of signing of the
petition. This subsection does not preclude the challenged candidate from introducing
into evidence a certified copy of the registration form of any signer of a petition dated
on or before the date of the signing of the petition if the registration form is in the
possession of the county recorder but has not yet been filed in the general county
register.

F. In addition to the procedures set forth in this section, all petitions that have
been submitted by a candidate who is found guilty of petition forgery shall be
disqualified and that candidate shall not be eligible to seek election to a public office
for a period of not less than five years.