Election Protest Hearings

The Board, acting as the county Board of Canvassers, will decide all cases under protest, in general, special, and municipal elections that may arise in the county in the case of a county or less than county office.

Candidates in a general election, in county or less than county office, may file a protest in writing with the Executive Director or Chair of the Board, along with a copy for each candidate in the race, by noon Wednesday following the certification of the election results by the Board. If the Executive Director or Chair is not available, the candidate may file the protest with the county Sheriff along with a copy for each candidate in the race. The Sheriff will take immediate steps to deliver these copies to the chair (7-17-30). The protest must contain each ground of protest concisely stated separately. The Chair of the Board will serve a copy of the protest and provide a notice of the time and place of the protest hearing for each candidate in the protested race (7-17-30).

Candidates in a municipal election must file their protests in writing with the Executive Director or Chair of the Board, with a copy for each candidate in the race, within 48 hours after the polls close (generally by 7 p.m. on Thursday). The protest must contain each ground of protest concisely stated separately. The Chair of the Board will serve a copy of the protest and provide a notice of the time and place of the protest hearing for each candidate in the protested race (7-17-30). The protest must be heard, after due notice to the parties concerned, within 48 hours after the protest is filed.

The county or state executive committee of a party hears protests that may arise following primary elections held by that party (7-17-30, 7-17-70 and 7-17-530 through 7-17- 570). The State Election Commission will decide all cases under protest in general or special elections in the case of federal and state offices, members of the State Senate and State House of Representatives, and offices involving more than one county (7-17-260).