Protest of designations and nominations.

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(1) A petition or certificate of designation or nomination that has been verified and appears to be sufficient under this code shall be deemed valid unless a petition for a review of the validity of the petition pursuant to section 1-1-113 is filed with the district court within five days after the election official's statement of sufficiency is issued or, in the case of a certificate of designation, within five days after the certificate of designation is filed with the designated election official.

(1.5) If the election official determines that a petition is insufficient, the candidate named in the petition may petition the district court within five days for a review of the determination pursuant to section 1-1-113.

(2) This section does not apply to any nomination made at a primary election.

Source: L. 92: Entire part R&RE, p. 690, § 7, effective January 1, 1993. L. 93: (1) amended, p. 1407, § 35, effective July 1. L. 95: (1) amended, p. 833, § 37, effective July 1. L. 2001: (1) amended, p. 1002, § 6, effective August 8. L. 2007: (1) amended and (1.5) added, p. 1971, § 10, effective August 3.

Editor's note: This section is similar to former § 1-4-901 as it existed prior to 1992.

Cross references: For designation of candidates by assembly, see § 1-4-601; for designation of party candidates by petition, see § 1-4-603; for nomination of candidates by convention, see § 1-4-701.


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