20A-1-403. Errors or omissions in ballots.
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Effective 5/4/2022
20A-1-403. Errors or omissions in ballots.
(1)The election officer shall, without delay, correct any errors in ballots that the election officer discovers, or that are brought to the election officer's attention, if those errors can be corrected without interfering with the timely distribution of the ballots.
(i)If an error or omission has occurred in the publication of the names or description of the candidates nominated for office, in the publication of sample ballots, or in the printing of official ballots, a candidate or the candidate's agent may file, without paying any fee, a petition for ballot correction with the district court.
(ii)If a petition is filed, the petitioner shall serve a copy of the petition on the respondents on the same day that the petition is filed with the court.
(b)The petition shall contain:
(i)an affidavit signed by the candidate or the candidate's agent identifying the error or omission; and
(ii)a request that the court issue an order to the election officer responsible for the ballot error or omission to correct the ballot error or omission.
(a)After reviewing the petition, the court shall:
(i)issue an order commanding the respondent named in the petition to appear before the court to answer, under oath, under penalty of perjury, to the petition;
(ii)summarily hear and dispose of any issues raised by the petition to obtain substantial compliance with the provisions of this title by the parties to the controversy; and
(iii)enter appropriate orders.
(b)The court may assess costs, including reasonable attorney fees, against either party.
Amended by Chapter 170 , 2022 General Session