115.595. Person holding certificate of election to hold office pending outcome--question shall be deemed decided as shown by returns pending outcome.
Person holding certificate of election to hold office pendingoutcome--question shall be deemed decided as shown by returnspending outcome.
115.595. 1. In each case of a pending election contest foran office, the person holding the certificate of election mayqualify and take the office at the time specified by law andexercise the duties of the office until the contest has beendecided. If the contest is decided against the contestee, thecourt or legislative body trying the contest shall make an orderfor him to give up the office to the person determined to beentitled to the office and to deliver to such person all books,records, papers, property and effects pertaining to the office.The court or legislative body trying the contest may enforce theorder by attachment or other proper process. If for any reasonthe person determined to be entitled to the office does not orcannot take office, a vacancy shall exist to be filled in themanner provided by law.
2. In each case of a pending election contest on a question,the question shall be deemed approved or disapproved as shown bythe official returns of the election until the contest isdecided. When the contest is decided, the question shall bedeemed approved or disapproved in accordance with the decision asof the day the contest is decided, or as of the day it wouldotherwise have been deemed approved or disapproved, whichever islater.
(L. 1977 H.B. 101 § 13.435)Effective 1-1-78