State Codes and Statutes
Statutes > Missouri > T09 > C128 > 128_100Contested elections.
128.100. All contested elections for electors shall bedetermined by a joint vote of both houses of the generalassembly. The joint meeting of the two houses deciding on suchelections shall be held in the hall of the house ofrepresentatives, and the president of the senate shall preside.If any person contests the election of an elector, he shallpresent a petition to the general assembly, setting forth thepoints on which he will contest the same and the facts which hewill prove in support of these points, and shall pray for leaveto produce his proof; and a vote shall be taken in the house, byyeas and nays, whether the prayer shall be granted. If themajority of the whole number of votes of both houses shall be inthe affirmative, they shall appoint a joint committee to take thetestimony on the part of the petitioner, and also on the part ofthe person whose place is contested, with the power to send forwitnesses, issue warrants, under the hand of the chairman, to anyjudge or associate circuit judge, and to take the depositions ofwitnesses at such time and place as the warrant shall direct,which warrant shall mention the points to which the testimony isto be taken. Reasonable notice shall be given by the party inwhose favor the deposition shall be allowed, to the oppositeparty, of the time and place of taking same; and the judge orassociate circuit judge shall proceed in all things, in procuringthe attendance of witnesses, and in taking and certifying thetestimony, as is directed herein.
(RSMo 1939 § 12320, A. 1949 H.B. 2061)Prior revisions: 1929 § 10739; 1919 § 5294; 1909 § 2753
