§ 7-17-260 — Cases decided by state board; filing and service.

The state board shall decide all cases under protest or contest that may arise in the case of federal officers, state officers, members of the State Senate and the State House of Representatives, and offices involving more than one county. Any such protest or contest shall be filed in writing with the chairman of the board, together with a copy for each candidate in the race, not later than noon five days following the canvassing of the votes for such offices by the board; provided, however, that service upon the board may be perfected by depositing at the office of the Chief of the State Law Enforcement Division a copy of the protest, together with a copy for each candidate in the race. The chief shall take immediate steps to deliver such copies to the chairman. The protest shall contain each ground thereof concisely stated separately. The chairman of the board shall forthwith serve upon each candidate in the protested race a copy of the protest and serve a notice of the time and place of the meeting of the board for the purposes of hearing the protest. A protest or contested case heard by the state board pursuant to Chapter 17 of Title 7 shall be considered an "administrative action" pursuant to Section 15-36-10.

Legislative History

HISTORY: 1962 Code SECTION 23-476.1; 1968 (55) 2316; 1993 Act No. 91, SECTION 4, eff June 14, 1993; 2006 Act No. 284, SECTION 4, eff May 19, 2006. Editor's Note 2006 Act No. 284, SECTION 5, provides as follows: "This act takes effect upon approval by the Governor and must not be put into practice until it receives preclearance by the United States Department of Justice." [preclearance received September 5, 2006]