CHAPTER 60 CONTESTING ELECTIONS OF PRESIDENTIAL ELECTORS AND CONGRESSPERSONS
60.1 COURT OF CONTEST.
60.2 CLERK.
60.3 OATH.
60.4 STATEMENT.
60.5 ORGANIZATION AND TRIAL.
60.6 JUDGMENT.
60.7 CONTESTANT TO FILE BOND.



        

60.1 COURT OF CONTEST. The court for the trial of contested elections for presidential electors or for the office of senator or representative in Congress shall consist of the chief justice of the supreme court, who shall be presiding judge of the court, and four judges of the district court to be selected by the supreme court, two of whom, with the chief justice, shall constitute a quorum for the transaction of the business of the court. If the chief justice should for any cause be unable to attend at the trial, the judge longest on the supreme court bench shall preside in place of the chief justice; and any question arising as to the membership of the court shall be determined by the members of the court not interested in the question.

         Section History: Early Form

         [C97, § 1246; C24, 27, 31, 35, 39, § 1000; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 60.1]
        

60.2 CLERK. The secretary of state shall be the clerk of the court, or, in the secretary of state's absence or inability to act, the clerk of the supreme court.

         Section History: Early Form

         [C97, § 1246; C24, 27, 31, 35, 39, § 1001; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 60.2]
        

60.3 OATH. Each member of the court, before entering upon the discharge of the member's duties, shall take an oath before the secretary of state, or some officer qualified to administer oaths, that the member will support the Constitution of the United States and that of the state of Iowa, and that, without fear, favor, affection, or hope of reward, the member will, to the best of the member's knowledge and ability, administer justice according to law and the facts in the case.

         Section History: Early Form

         [C97, § 1246; C24, 27, 31, 35, 39, § 1002; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 60.3]
        

60.4 STATEMENT. The contestant shall file the statement provided for in chapter 62 in the office of the secretary of state within two days from the day on which the returns are canvassed by the state board of canvassers and, within the same time, serve a copy of the same, with a notice of the contest, on the incumbent in the manner provided by the rules of civil procedure for service of an original notice.

         Section History: Early Form

         [C97, § 1247; C24, 27, 31, 35, 39, § 1003; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 60.4; 81 Acts, ch 34, § 43] 

         Section History: Recent Form

         2002 Acts, ch 1134, §73, 115
        

60.5 ORGANIZATION AND TRIAL. The clerk of the court shall, immediately after the filing of the statement, notify the judges herein named, and fix a day for the organization of the court within two days thereafter, and also notify the parties to the contest. The judges shall meet on the day fixed, and organize the court, and make and announce such rules for the trial of the case as they shall think necessary for the protection of the rights of each party and a just and speedy trial of the case, and commence the trial of the case as early as practicable thereafter, and so arrange for and conduct the trial that a final determination of the same and judgment shall be rendered at least six days before the first Monday after the second Wednesday in December next following.

         Section History: Early Form

         [C97, § 1248; C24, 27, 31, 35, 39, § 1004; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 60.5] 

         Section History: Recent Form

         2002 Acts, ch 1134, §74, 115
        

60.6 JUDGMENT. The judgment of the court shall determine which of the parties to the action is entitled to hold the office and shall be authenticated by the presiding judge and clerk of the court and filed with the secretary of state; and the judgment so rendered shall constitute a final determination of the title to the office, and a certificate of appointment shall be issued to the successful party.

         Section History: Early Form

         [C97, § 1249; C24, 27, 31, 35, 39, § 1005; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 60.6]
        

60.7 CONTESTANT TO FILE BOND. The contestant shall file in the office of the clerk of the supreme court a bond, with security to be approved by the clerk of the supreme court, in such amount as shall be set by the presiding judge of the court, conditional to pay all costs in case the election be confirmed or the contest dismissed. The presiding judge shall further set the date upon which the required bond shall be filed. If the required bond is not filed by the date set, the contest shall stand dismissed by operation of law.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 60.7]

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