Legal Definitions - election contest

An election contest is a formal legal challenge initiated by a candidate who lost an election against the declared winner. The purpose of an election contest is to question the legitimacy or accuracy of the election results, often seeking a review of the vote count, an examination of voter qualifications, or an investigation into alleged irregularities in the voting process.

Here are some examples to illustrate this concept:

• Example 1: Close Municipal Election

  In a hotly contested race for city council, Candidate A is declared the winner by a mere 15 votes out of thousands cast. Candidate B, the runner-up, believes there were errors in the tabulation of ballots in several precincts and that some absentee ballots were improperly rejected. Candidate B files an election contest with the appropriate court, requesting a full recount of all ballots and a review of the rejected absentee ballots. The court would then oversee this process to determine if the original results should stand or be overturned.

  This illustrates an election contest because Candidate B, the loser, is formally challenging the declared winner (Candidate A) based on suspected counting errors and issues with specific ballots, seeking a judicial review of the election returns.

• Example 2: Allegations of Voting Machine Malfunctions

  Following a state legislative election, the incumbent candidate loses to their challenger by a small margin. The incumbent's campaign receives numerous reports from voters in certain districts claiming that voting machines either failed to register their vote or switched their vote to another candidate. The incumbent files an election contest, presenting affidavits from voters and requesting an investigation into the integrity of the voting machines in the affected precincts. The court would then evaluate the evidence and potentially order an audit or re-examination of the machines and ballots.

  This demonstrates an election contest as the losing candidate is challenging the outcome due to alleged technical malfunctions and irregularities in the voting process, aiming to prove that the declared results are inaccurate.

• Example 3: Dispute Over Voter Eligibility in a Local Referendum

  A local school district holds a referendum on a bond measure to fund new school construction. The measure passes by a very slim margin. A citizens' group that opposed the bond measure discovers evidence suggesting that a significant number of individuals who voted in the referendum were not legally registered residents of the school district. The citizens' group files an election contest, arguing that these ineligible votes swayed the outcome and asking the court to invalidate the results or order a new vote after verifying voter eligibility.

  This is an election contest because the citizens' group, representing the losing side of the referendum, is formally challenging the election's outcome by alleging that ineligible voters participated, thereby questioning the validity of the election returns.