SB 2164

This bill authorizes a candidate in a local election to file a challenge to the election results if the candidate has reason to believe errors were made in the administration of the election. As used in this bill, a "local election"" means a general elec tion for a public office of a county or city, including elections for members of local boards of education. This bill requires a candidate challenging local election results to file the challenge in writing with the county election commission that administered the election within 10 business days of the election. Upon receiving such a challenge, the commissio n must investigate the claims made by the candidate in the challenge. The commission must conclude the investigation no later than 15 days after receiving the challenge and must send all evidence gathered as part of the investigation to the state electio n commission. Within 21 business days of receiving such evidence, this bill requires the state election commission to decide the challenge of the local election based on the evidence provided by the county election commission. If the state election commission finds t hat the claims of the candidate do not have merit or the claims have merit but the errors in administration would not change the outcome of the election, then the state election commission must provide an explanation of their decision to the candidate who m ade the challenge and notify the county election commission to proceed with certifying the election. On the other hand, if the state election commission finds that they have merit and the errors may change the outcome of the election, then the state elec tion commission must direct the county election commission to order a special election. This bill precludes a candidate who challenges an election result under this bill from contesting the election under other election laws of this state. CERTIFICATION OF TABULATION AND RESULTS After completing the comparison of the returns, present law requires the county election commission to make and certify the official tabulation and certification of results, showing both precinct and county totals, in the following manner:  In triplicate for the offices of governor, members of the general assembly, presidential and vice presidential elector, members of congress, judge, chancellor, or district attorney general.  In triplicate for questions submitted to the people of the entire state.  In duplicate for any other office not listed above and for questions submitted to people of a part of the state.  In triplicate for all primary elections. This bill prohibits a local election from being certified if a challenge has been filed pursuant to this bill until the challenge process is complete. However, only the election being challenged is affected by such provision. Any other elections on the ballot may be certified."