has been certified.[1] The complaint must allege one of the four statutory grounds for overturning the results of the election (misconduct, fraud, or corruption of an election official; ineligibility of the successful candidate; receipt of a number of illegal votes or rejection of a number of lawful votes “sufficient to change or place in doubt the result of the election”; or proof of bribery of voters or election officials).[2] Previous case law in Florida has shown that the filing party has the burden of proving the allegations made, and of showing that the proven fraud or illegality was in such numbers that “but for” those irregularities the result of the election would have been different,[3] or that the true result of the election cannot be ascertained with reasonable certainty.[4]
Nevada provides that a candidate or any registered voter may contest an election, including election to the office of presidential elector, by filing “with the clerk of the district court” a written “statement of contest” which includes general identifying information as to the contestant, the defendant, the office concerned, as well as an explanation of the “particular grounds of contest.”[5] The statement of contest must be filed within five days after a recount is completed or, if there is no recount, no later than 14 days after the election.[6] An election may be contested on the following grounds:
(a) That the election board or any member thereof was guilty of malfeasance.
(b) That a person who has been declared elected to an office was not at the time of election eligible to that office.
(c) That illegal votes were cast and counted for the defendant, which, if taken from the defendant, will reduce the number of the defendant’s legal votes below the number necessary to elect the defendant.
(d) That the election board, in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.
(e) That the defendant has given, or offered to give, to any person a bribe for the purpose of procuring his or her election.
(f) That there was a possible malfunction of any voting or counting device.[7]
The grounds of illegal votes given, or errors in canvassing returns must, therefore, be shown to be of such an extent that illegalities or errors would change the result of the election.
New Hampshire law does not appear to provide a specific statutory scheme for election contests relating to federal elections, but rather provides for a process for a recount and an appeal and hearing on such recount results. The New Hampshire statutes provide that “any candidate for whom a vote was cast” may apply for a recount, which application is to be made to the secretary of state no later than the Friday following the election.[8] During the recount process, the candidates and their counsels and representatives may “protest” the counting or failure to count
- ↑ Fla. Stat. Ann. § 102.168(1) and (2).
- ↑ Fla. Stat. Ann. § 102.168(3)(a)-(d).
- ↑ Smith v. Tynes, 412 So.2d 925 (Fla. 1982).
- ↑ Bolden v. Potter, 452 So.2d 564 (Fla. 1984).
- ↑ Nev. Rev. Stat. Ann. §293.407.
- ↑ Nev. Rev. Stat. Ann. §293.413.
- ↑ Nev. Rev. Stat. Ann. §293.410.
- ↑ N.H. Rev. Stat. Ann. § 660:1.
