§11-172  Contests for cause; generally. With respect to any election, any candidate, or qualified political partydirectly interested, or any thirty voters of any election district, may file acomplaint in the supreme court.  The complaint shall set forth any cause orcauses, such as but not limited to, provable fraud, overages, or underages,that could cause a difference in the election results.  The complaint shallalso set forth any reasons for reversing, correcting, or changing the decisionsof the precinct officials or the officials at a counting center in an electionusing the electronic voting system.  A copy of the complaint shall be deliveredto the chief election officer or the clerk in the case of county elections. [L1970, c 26, pt of §2; am L 1973, c 217, §1(xx); am L 1975, c 36, §1(15); am L1991, c 9, §2]

 

Case Notes

 

  A candidate's campaign coordinator has no standing to contestelection.  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 thatirregularities in voting procedures for OHA trustees either could have caused adifference in election outcome or could have precluded the correct result frombeing ascertained.  84 H. 383, 935 P.2d 98.

  Where plaintiff made no showing that defendant was under anyobligation 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 electionresults and the remedy of ordering a new election with televised debates wasnot authorized by §11-174.5(b).  119 H. 337, 198 P.3d 124.