§ 16.1-16-08 — Judgment in election contest action

1. The judge in an election contest action shall pronounce judgment on which candidate
was elected or nominated and whether any question or proposition was approved or
rejected.
2. The appropriate officer shall issue a certificate to the person declared elected or
nominated in accordance with the judgment. Any certificate of nomination or election
previously issued that is in conflict with the judgment is annulled by the court's
judgment.
3. If the court declares that the election resulted in a tie, the election must be determined
by law.
4. If the court declares that no one was elected or nominated and sets aside the election,
the office must be deemed vacant and any certificate of election or nomination
previously issued is annulled. The vacancy must be filled according to law. This
subsection does not apply if an incumbent is in office and is entitled to serve until a
successor is duly elected and qualified, in which event the incumbent may only be
removed by impeachment.
5. In the discretion of the court, court costs may be awarded on the following bases:
a. If the contest action is dismissed for insufficient evidence or want of prosecution,
or if the court confirms the election results, judgment for costs must be for the
contestee and against the contestant.
b. If an election is annulled for errors or malfeasance of any election official during
any part of the election procedure, the costs must be a charge against the state
or political subdivision in which the election was held.
c. When an election is annulled on any other ground or when the contestant is
declared elected, judgment for costs must be for the contestant and against the
contestee.
6. Nothing in this chapter may be construed to authorize a nomination or election to be
set aside because of illegal votes unless either of the following is shown, that:
a. The contestee had knowledge of or connived in the illegal votes.
b. If the number of illegal votes is taken from the contestee, it would reduce the
number of the contestee's legal votes below the number of votes cast for some
other person for the same nomination or election, after deducting any illegal votes
from the other person.