(1)Upon the failure or
neglect of any election judge to perform the duties of the office, any other election
judge, the designated election official, the county chairperson of a political party, or
an eligible elector of the political subdivision for which the election judge is
appointed, having knowledge of the failure or neglect, shall cause proper action for
removal to be instituted against the election judge.
(2)Election judges who neglect their duties, who commit, encourage, or
connive in any fraud in connection with their duties, who violate any of the election
laws or knowingly permit others to do so, who are convicted of any crime, who
violate their oath, who wrongfully hamper or interfere or tend to interfere with the
regular performance of the duties of the other elec
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(1) Upon the failure or
neglect of any election judge to perform the duties of the office, any other election
judge, the designated election official, the county chairperson of a political party, or
an eligible elector of the political subdivision for which the election judge is
appointed, having knowledge of the failure or neglect, shall cause proper action for
removal to be instituted against the election judge.
(2) Election judges who neglect their duties, who commit, encourage, or
connive in any fraud in connection with their duties, who violate any of the election
laws or knowingly permit others to do so, who are convicted of any crime, who
violate their oath, who wrongfully hamper or interfere or tend to interfere with the
regular performance of the duties of the other election judges, who commit any
other act that interferes or tends to interfere with a fair and honest registration and
election, or who are not appointed in accordance with the provisions of this article
may be removed in the following manner:
(a) Any eligible elector may file a brief petition in the district court at any
time up to twelve days before any election, setting out in brief and concise
language the facts constituting the cause for the removal of the election judge. The
petition shall be verified, but the verification may be upon information and belief.
Upon filing of the petition, the court shall issue a citation to the election judge
directing an appearance within forty-eight hours to answer the petition if the
election judge desires to do so.
(b) The court shall proceed summarily to hear and finally dispose of the
petition and may set a hearing within forty-eight hours after the answer is filed.
Evidence given by any accused election judge at the hearing shall not be used
against that election judge in any civil, criminal, or other proceedings. If the court
decides that the election judge should be removed for any cause stated in the
petition, the court shall so order and shall immediately notify the appropriate
election official.
(3) The validity of any part of the registration or election already completed
or other acts performed under this code, if otherwise legally performed, shall not
be affected by the removal of an election judge and shall be in every respect valid
and regular. The successor of any election judge removed shall proceed with the
duties of the election judge with the same power and effect as though originally
appointed.