§11-172  Contests for cause; generally. 
With respect to any election, any candidate, or qualified political party
directly interested, or any thirty voters of any election district, may file a
complaint in the supreme court.  The complaint shall set forth any cause or
causes, such as but not limited to, provable fraud, overages, or underages,
that could cause a difference in the election results.  The complaint shall
also set forth any reasons for reversing, correcting, or changing the decisions
of the precinct officials or the officials at a counting center in an election
using the electronic voting system.  A copy of the complaint shall be delivered
to the chief election officer or the clerk in the case of county elections. [L
1970, c 26, pt of §2; am L 1973, c 217, §1(xx); am L 1975, c 36, §1(15); am L
1991, c 9, §2]



 



Case Notes



 



  A candidate's campaign coordinator has no standing to contest
election.  56 H. 47, 527 P.2d 236.



  Sufficiency of complaint.  56 H. 47, 527 P.2d 236.



  Electorate as whole had standing.  61 H. 179, 599 P.2d 286.



  Plaintiffs failed to meet burden of demonstrating that
irregularities in voting procedures for OHA trustees either could have caused a
difference in election outcome or could have precluded the correct result from
being ascertained.  84 H. 383, 935 P.2d 98.



  Where plaintiff made no showing that defendant was under any
obligation to debate plaintiff, the refusal to debate was not an error,
mistake, or irregularity that would have changed the results of the election;
thus plaintiff failed to meet plaintiff's burden of demonstrating errors,
mistakes, or irregularities that could have caused a difference in the election
results and the remedy of ordering a new election with televised debates was
not authorized by §11-174.5(b).  119 H. 337, 198 P.3d 124.