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Session Laws, 1985
Volume 760, Page 3563   View pdf image
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HARRY HUGHES, Governor 3563

(I) (1) THE DATE OF THE ACT OR OMISSION OR, IF
LATER, THE DATE THE ACT OR OMISSION BECAME KNOWN TO THE
PETITIONER; OR

(II) (2) THE DATE THE RESULTS OF THE CANVASS
FOR THAT ELECTION ARE DECLARED OFFICIAL.

19-4. PROCEDURE.

A PROCEEDING UNDER THIS SUBTITLE SHALL BE CONDUCTED
ACCORDING TO THE GENERALLY APPLICABLE RULES OF CIVIL PROCEDURE,
EXCEPT THAT:

(1)  IT SHALL BE HEARD AND DECIDED WITHOUT A JURY AND
AS EXPEDITIOUSLY AS THE CIRCUMSTANCES REQUIRE.

(2) IF THE CHIEF ADMINISTRATIVE JUDGE OF THE CIRCUIT
COURT DEEMS IT APPROPRIATE, THE CASE SHALL BE ASSIGNED TO A
3-JUDGE PANEL OF CIRCUIT COURT JUDGES.

(2) UPON THE REQUEST OF A PARTY OR SUA SPONTE, THE
CHIEF ADMINISTRATIVE JUDGE OF THE CIRCUIT COURT MAY ASSIGN THE
CASE TO A 3-JUDGE PANEL OF CIRCUIT COURT JUDGES.

(3) (I) ANY APPEAL SHALL BE TAKEN DIRECTLY TO THE
COURT OF APPEALS WITHIN 5 DAYS OF THE DATE OF THE DECISION OF THE
CIRCUIT COURT.

(II) THE APPEAL SHALL BE GIVEN PRIORITY AND
SHALL BE HEARD AND DECIDED AS EXPEDITIOUSLY AS THE CIRCUMSTANCES
REQUIRE.

19-5. JUDGMENT.

UPON A FINDING, BASED UPON CLEAR AND CONVINCING EVIDENCE,
THAT THE ACT OR OMISSION INVOLVED MATERIALLY AFFECTED THE RIGHTS
OF INTERESTED PARTIES OR THE INTEGRITY OF, OR CONFIDENCE IN, THE
PURITY OF THE ELECTIONS PROCESS AND:

(1)  MIGHT HAVE CHANGED THE OUTCOME OF AN ELECTION
ALREADY HELD, THE COURT SHALL:

(I)  DECLARE NULL AND VOID THE ELECTION FOR THE
OFFICE, OFFICES, QUESTION, OR QUESTIONS INVOLVED AND, IF
APPROPRIATE, ORDER THAT THE ELECTION BE HELD AGAIN ON A DATE SET
BY THE COURT; OR

(II)  ORDER ANY OTHER RELIEF THAT WILL PROVIDE
AN ADEQUATE REMEDY.

(2)  MIGHT CHANGE THE OUTCOME OF AN ELECTION NOT YET
HELD, THE COURT MAY:

(I) ORDER WHATEVER RELIEF IT DEEMS APPROPRIATE
UNDER THE CIRCUMSTANCES; AND

 

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Session Laws, 1985
Volume 760, Page 3563   View pdf image
 Jump to  
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