(1) The clerk shall, on his own motion, correct without delay any error in publication or sample or official ballots which he discovers or which is brought to his attention and which can be corrected without interfering with the timely distribution of the ballots.
When it appears by verified petition of a candidate or his agent to the district courtthat an error or omission has occurred in the publication of the names or descriptions of the candidates or in the printing of the sample or official ballots which has not been corrected by the clerk, the court shall issue an order requiring the clerk to forthwith correct such error or to forthwith show cause why such error should not be corrected. Costs, including a reasonable attorney fee, may be taxed in the discretion of such court against either party.
Such proceedings may be reviewed and finally adjudicated by the supreme court ofthis state if application to such court is made within five days after the termination thereof by the court in which the petition was filed and if the supreme court is willing to assume jurisdiction of the case.
Source: L. 75: Entire title R&RE, p. 1069, § 1, effective July 1.
Editor's note: This section is similar to former § 31-10-1202 as it existed prior to 1975.