115.559. Procedure after filing of petition.

Procedure after filing of petition.

115.559. 1. Immediately after a petition is filed, theclerk of the supreme court shall issue a summons upon thepetition to the contestee, returnable by the day designated bythe supreme court to the supreme 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 thesupreme court.

2. Immediately after the petition is filed, the clerk of thesupreme court shall send by certified or registered mail acertified copy of the petition to the secretary of state and toeach election authority responsible for conducting the electionin any area where an alleged irregularity occurred.

3. Not later than fifteen days after the petition is filed,the contestee may file an answer to the petition, specifyingreasons why his nomination should not be contested. If thecontestee wishes to contest the validity of any votes given tothe contestant, he shall set forth in his answer the votes hewishes to contest and the facts he will prove in support of suchcontest and shall pray leave to produce his proof.

(L. 1977 H.B. 101 § 13.115)

Effective 1-1-78