1.    Except as provided in subsection 2, an action to contest an election must be commenced and the complaint must be filed in the district court of the contestee’s county of residence within five days after final certification of a recount by the appropriate canvassing board or within fourteen days after the final certification by the appropriate canvassing board if no recount is to be conducted.

Terms Used In North Dakota Code 16.1-16-04

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Ballot: means a paper ballot from which the votes for candidates and questions are tabulated by hand or by a voting system. See North Dakota Code 16.1-06-12
  • candidate: means :

    1. See North Dakota Code 16.1-01-00.1

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Summons: Another word for subpoena used by the criminal justice system.

2.    If the grounds for the action are the illegal payment of money or other valuable thing subsequent to the filing of any statement of expenses required by this title or if the contestee does not or cannot meet the qualifications to hold the office as required by law, the action may be commenced at any time. If the grounds for the action are the failure of a contestee to satisfy the requirements for having the contestee’s name listed on the ballot as a candidate, the action may be commenced within thirty days of the date the contestant knows or should know of the failure.

3.    The contestee shall serve and file an answer within fourteen days after service of the contest summons and complaint.