When a losing candidate wishes to contest certain matters in the election, the contest
procedure must be used. Contests usually must be very specific. For example, the contestant may challenge the decision of the board of canvassers to count or reject particular provisional ballots or, the decision whether to count or reject a certain mark or vote on a ballot. If the issue is the eligibility of the winning candidate, the contestant may specify that issue. In some rare cases, the overall integrity of the election may be challenged, but a contest may not be based on general allegations of fraud unless the contestant is prepared to present specific evidence leading to the conclusion that the fraud was sufficient to change the outcome of the election.
For example, a candidate has evidence that two ineligible persons were allowed to cast ballots which were counted. However, the smallest difference between the winning and losing candidates in any office is 100 votes. Even though some fraud may have occurred, in this example, it would not have changed who was elected. A candidate who wishes to contest the results of his or her race must file a notice of contest within 10 days following the certification of the results of the election for that office. The law (and a number of court cases) require that the notice of contest be quite specific and properly written, so candidates should consider contacting a lawyer. If a notice of contest is filed, the municipal governing body should also contact an attorney to assist them in complying with the procedures, notice requirements, and contest proceedings. A candidate may appeal the results of an election contest to circuit court.
(Ord. 05-07. Passed 10-20-05.)