§11-172  Contests for cause; generally.  With respect to any election, any candidate, or qualified political party directly interested, or any thirty voters of any election district, may file a complaint in the supreme court.  The complaint shall set forth any cause or causes, such as but not limited to, provable fraud, overages, or underages, that could cause a difference in the election results.  The complaint shall also set forth any reasons for reversing, correcting, or changing the decisions of the voter service center officials or the officials at a counting center in an election using the electronic voting system.  A copy of the complaint shall be delivered to the chief election officer or the clerk in the case of county elections. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(xx); am L 1975, c 36, §1(15); am L 1991, c 9, §2; am L 2021, c 213, §31]


Case Notes


  A candidate's campaign coordinator has no standing to contest election.  56 H. 47, 527 P.2d 236.

  Sufficiency of complaint.  56 H. 47, 527 P.2d 236.

  Electorate as whole had standing.  61 H. 179, 599 P.2d 286.

  Plaintiffs failed to meet burden of demonstrating that irregularities in voting procedures for OHA trustees either could have caused a difference in election outcome or could have precluded the correct result from being ascertained.  84 H. 383, 935 P.2d 98.

  Where plaintiff made no showing that defendant was under any obligation to debate plaintiff, the refusal to debate was not an error, mistake, or irregularity that would have changed the results of the election; thus plaintiff failed to meet plaintiff's burden of demonstrating errors, mistakes, or irregularities that could have caused a difference in the election results and the remedy of ordering a new election with televised debates was not authorized by §11-174.5(b).  119 H. 337, 198 P.3d 124.