§ 26-8-120. Petition alleging irregularities - Procedure.

When a petition alleging irregularities other than fraud is filed, said petition must allege a sufficient number of irregularities and of such nature as to:

1.  Prove that the contestant is lawfully entitled to be certified the party's nominee or to be issued a certificate of election, or to have his name appear on the Runoff Primary Election ballot; or

2.  Prove that it is impossible to determine with mathematical certainty which candidate is entitled to be certified as the party's nominee or to be issued a certificate of election, or to have his name appear on the Runoff Primary Election ballot.

Additional irregularities may be presented at the hearing if not known to the contestant at the time the petition is filed.  If such allegations are not made, the petition shall be deemed frivolous by the presiding judge and shall be dismissed.  Said petition must be accompanied by either a cashier's check or certified check in the amount of Two Hundred Fifty Dollars ($250.00) for each county affected by the petition.  Said petition must set forth specific allegations of irregularities in certain precincts or in the casting of absentee ballots.  If said petition is filed in the manner herein provided, the district judge of the county or such other judge as may be assigned by the Supreme Court shall hear and determine said issue in the same manner as provided for a petition alleging fraud.  On the day of the hearing, the contestee may file an answer to the petition or may file a cross petition setting forth in detail, as required of petitioner herein, such claim of irregularities.  A cross petition must be accompanied by either a cashier's check or certified check in the amount of Two Hundred Fifty Dollars ($250.00) for each county affected by the cross petition.  Deposits shall be used to defray actual costs as provided for recounts.

Amended by Laws 1983, c. 171, § 16, emerg. eff. June 6, 1983.  Amended by Laws 1990, c. 306, § 6, emerg. eff. May 30, 1990.