§ 31-10-1402 — Correction of errors

(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.

(2) When it appears by verified petition of a candidate or his agent to the
district court that 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.

(3) Such proceedings may be reviewed and finally adjudicated by the
supreme court of this 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.

Legislative History

Source: L. 75: Entire title R&RE, p. 1069, � 1, effective July 1.