115.526. Qualifications of candidates may be challenged, by whom, procedure--disqualification, when.
Qualifications of candidates may be challenged, by whom,procedure--disqualification, when.
115.526. 1. Any candidate for nomination to an office at aprimary election may challenge the declaration of candidacy orqualifications of any other candidate for nomination to the sameoffice to seek or hold such office, or to have his name printedon the ballot, and any candidate for election to an office at ageneral or special election may challenge the declaration ofcandidacy or qualifications of any other candidate for electionto the same office to seek or hold such office or to have hisname printed on the ballot. Except as provided in sections115.563 to 115.573, challenges shall be made by filing a verifiedpetition with the appropriate court as is provided for in case ofa contest of election for such office in sections 115.527 to115.601. The petition shall set forth the points on which thechallenger wishes to challenge the declaration of candidacy orqualifications of the candidate and the facts he will prove insupport of such points, and shall pray leave to produce hisproof.
2. In the case of challenge to a candidate for nominationin a primary election, the petition shall be filed not later thanthirty days after the final date for filing for such election.Except as otherwise provided by law, in the case of challenge toa candidate for election to an office in a general or specialelection, the petition shall be filed not later than five daysafter the latest date for certification of a candidate by theofficer responsible for issuing such certification. In the caseof a disability occurring after said respective deadlines, thepetition shall be filed not later than five days after thedisability occurs or is discovered. Answers to the petition maybe filed at the time and as provided in sections 115.527 to115.601, specifying the qualifications of the candidate forholding the office for which he is a candidate for election orfor nomination.
3. The procedure in such matters shall be the same as thatprovided in sections 115.527 to 115.601, to the extent that it isapplicable and not in conflict with the provisions of thissection. For the purposes of this section, as used in sections115.527 to 115.601 the word "contestant" shall mean thechallenger and the word "contestee" shall mean the candidatewhose declaration of candidacy or qualifications are challenged.If the court determines that the candidate challenged is notqualified to seek or hold the office for which he is a candidatefor nomination or for election or to have his name printed on theballot, it shall so rule. The right of appeal exists, and may betaken, as provided in sections 115.527 to 115.601.
4. Any candidate finally determined to be not qualified toseek or hold the office for which he is a candidate fornomination or for election shall be disqualified as a candidatefor nomination for such office at the primary election or as acandidate for election to such office at the general or specialelection, as the case may be. Except as otherwise provided bylaw, whenever a candidate for nomination or election to an officedies, withdraws or is disqualified prior to the election, suchcandidate's name shall not be printed on the official ballot.
(L. 1982 S.B. 526, A.L. 1993 S.B. 31)