115.333. Determination of validity or invalidity, when made--refusal to file, procedure to have court determine validity.
Determination of validity or invalidity, when made--refusal to file,procedure to have court determine validity.
115.333. 1. When any petition is filed with the secretary of stateor an election authority under the provisions of this subchapter, thesecretary of state or the election authority shall determine whether or notit complies with the provisions of this subchapter. When any petition isfiled with the secretary of state or an election authority under theprovisions of this subchapter, the secretary of state or the electionauthority shall, not later than the eleventh Tuesday prior to the generalelection, issue a statement setting forth such person's determination.When a petition for the formation of a new party or nomination of anindependent candidate for a special election is filed with the secretary ofstate or an election authority, the secretary of state or the electionauthority shall issue a statement setting forth its determination as soonas possible but in no case too late to permit placement of the party orcandidate on the ballot. If the secretary of state or the electionauthority determines that a petition does not comply with the provisions ofthis subchapter, such person shall state the reason for such person'sdetermination in the statement.
2. If the secretary of state or the election authority refuses tofile a petition for the formation of a new party or the nomination of anindependent candidate or refuses to issue a statement setting forth suchperson's determination within the time prescribed, any registered voter mayapply, within ten days after the refusal, to the circuit court for a writof mandamus to compel such person to file the petition or issue thestatement. Within ten days after the secretary of state or the electionauthority issues a statement setting forth such person's determination, anyregistered voter may apply to the circuit court to compel the secretary ofstate or the election authority to reverse such person's determination. Ifit is decided by the court that the petition is legally sufficient, thesecretary of state or the election authority shall file it, with acertified copy of the judgment attached thereto, as of the date it wasoriginally offered for filing in such person's office. On showing that anypetition filed is not legally sufficient, the court may enjoin all electionofficials from certifying or printing the name of the independent candidateor new party and its candidates on the official ballot. All such suitsshall be advanced on the court docket and heard and decided by the court asquickly as possible. Either party to the suit may appeal to the supremecourt within ten days after a circuit court decision is rendered. Thecircuit court of Cole County shall have jurisdiction if the secretary ofstate is a party, and otherwise, the circuit court of the county in whichthe election authority is located shall have jurisdiction.
(L. 1977 H.B. 101 § 10.070, A.L. 1996 H.B. 1557 & 1489)Effective 6-13-96