115.533. Procedure after petition filed.

Procedure after petition filed.

115.533. 1. Immediately after a petition is filed, theclerk of the circuit court shall issue a summons upon thepetition to the contestee, returnable by the day designated bythe circuit court to the circuit court. The summons shall beserved in any county of the state in the same manner provided forservice of process in civil actions. If the contestee cannot befound within two days, the summons shall be served by leaving thesummons and a copy of the petition at the residence address shownon the contestee's declaration of candidacy and by posting thesummons in a conspicuous place in the office of the clerk of thecircuit court.

2. Immediately after the petition is filed, the clerk of thecircuit court shall send by certified or registered mail acertified copy of the petition to the officer responsible forissuing the statement announcing the results of the contestedelection and to each election authority responsible forconducting the election in any area where an alleged irregularityoccurred. All officers and election authorities so notifiedshall immediately suspend all action on the office until thecontest has been determined.

3. Not later than four days after the petition is filed, thecontestee may file an answer to the petition, specifying reasonswhy his nomination should not be contested. If the contesteewishes to contest the validity of any votes given to thecontestant, he shall set forth in his answer the votes he wishesto contest, and the facts he will prove in support of suchcontest and shall pray leave to produce his proof.

(L. 1977 H.B. 101 § 13.015)

Effective 1-1-78