Section 16-106. Proceedings as to the casting and canvass of ballots  


Latest version.
  • 1.
      The casting or canvassing or refusal to cast challenged  ballots,  blank
      ballots,  void  or  canvass absentee, military, special federal, federal
      write-in or emergency ballots and ballots voted in  affidavit  envelopes
      by  persons  whose  registration  poll records were not in the ledger or
      whose names were not on the computer generated registration list on  the
      day  of election or voters in inactive status, voters who moved to a new
      address in the city or county or after they  registered  or  voters  who
      claimed  to  be  enrolled  in  a  party  other  than that shown on their
      registration poll record or on the computer generated registration  list
      and  the  original applications for a military, special federal, federal
      write-in, emergency or absentee voter's ballot may  be  contested  in  a
      proceeding  instituted  in the supreme or county court, by any candidate
      or the chairman of any party committee, and by any voter with respect to
      the refusal to cast such voter's ballot, against the board of canvassers
      of the returns from such district, if any,  and  otherwise  against  the
      board  of  inspectors  of  election  of  such  district.  If  the  court
      determines that the person who cast such ballot was entitled to vote  at
      such  election,  it  shall order such ballot to be cast and canvassed if
      the court finds that ministerial error by the board of elections or  any
      of  its  employees  caused  such  ballot envelope not to be valid on its
      face.
        2. The canvass of returns by the  state,  or  county,  city,  town  or
      village board of canvassers may be contested, in a proceeding instituted
      in the supreme court by any voter, except a proceeding on account of the
      failure  of  the  state board of canvassers to act upon new returns of a
      board of canvassers of any county made pursuant to the order of a  court
      or  justice,  which may be instituted only by a candidate aggrieved or a
      voter in the county.
        3. The attorney general, on behalf of the state, and the  chairman  of
      the  state  committee  of  a party, may institute any proceeding allowed
      herein relating to the returns of canvass by inspectors upon the vote of
      any ballot proposal submitted to the people of the state.
        4. The court may direct a recanvass or the correction of an error,  or
      the  performance  of  any  duty  imposed by law on such a state, county,
      city, town or village board of inspectors, or canvassers.
        5. A proceeding under subdivisions one and three of this section  must
      be  instituted  within  twenty  days  and  under subdivision two, within
      thirty days  after  the  election  or  alleged  erroneous  statement  or
      determination  was  made, or the time when the board shall have acted in
      the particulars as to which it is claimed to have failed to perform  its
      duty,  except  that such a proceeding with respect to a village election
      must be instituted within  ten  days  after  such  election,  statement,
      determination or action.