(1) The house of the general assembly in which any contest for senator or representative, as applicable, is to be tried shall certify questions to the office of administrative courts for referral to an administrative law judge. The questions shall relate exclusively to the election returns in the district and the number of votes cast for each of the candidates for the contested seat. No question may be certified regarding the eligibility or qualification of any person for the contested office.
Upon certification pursuant to subsection (1) of this section, the house of the generalassembly in which the contest is to be tried shall transmit to the administrative law judge any papers submitted by the secretary of state pursuant to section 1-11-210 or any other documents submitted to that house in connection with the election contest.
The administrative law judge shall have jurisdiction to make findings of fact on thequestions certified by a house of the general assembly pursuant to subsection (1) of this section. Further evidence upon the points specified in such questions may be submitted by the contestor, the contestee, or both, in such contest. The administrative law judge may take and consider such additional evidence but shall limit its findings of fact to the questions certified.
Any issues of law or findings of fact decided in a prior judicial proceeding that affecta party that contests an election for state senator or representative pursuant to section 1-11-208 shall not be conclusive upon an administrative law judge conducting fact finding or making recommendations pursuant to this section.
The administrative law judge shall hold a hearing within twenty days after the datethat questions were certified to the administrative law judge pursuant to subsection (1) of this section. The administrative law judge's findings of fact and recommendations shall be completed not more than ten days after the date of the hearing. Such findings of fact and recommendations shall take precedence over all other business of the administrative law judge.
(a) If the administrative law judge finds that, based on a preponderance of the evidence, an accurate and verifiable vote count can be determined in the contested district showing that a person had the highest number of votes cast in the district for the contested state senate or state house of representatives seat, the administrative law judge shall make recommendations to the house that certified the questions, including, but not limited to, that such person be seated as the senator or representative from the contested district.
(b) If the administrative law judge finds that, based on a preponderance of the evidence, irregularities in the votes cast or counted in the district for the contested state senate or state house of representatives seat both prevented an accurate and verifiable vote count and may have directly affected the outcome of the election, the administrative law judge shall make recommendations to the house that certified the questions, including, but not limited to, that such house further resolve the election contest or call a special legislative election pursuant to section 1-11-303.
The administrative law judge shall transmit all the files and records of the proceedings to the presiding officer of the house in which the contest for senator or representative was filed.
The administrative law judge's findings of fact and recommendations shall be finaland not be subject to review by any other court.
Upon receipt of such findings of fact and recommendations, the house in which thecontest for senator or representative arose may take appropriate action, including, but not limited to:
A trial of the election contest;
Declaration of the duly elected member in the contested district in accordance withthe findings of the administrative law judge; or
Adoption of a resolution pursuant to section 1-11-302 calling for a special legislativeelection.
Source: L. 99: Entire section added, p. 1385, § 3, effective June 4. L. 2005: (1) amended, p. 853, § 6, effective June 1.