Section 1-1-113 - Neglect of duty and wrongful acts - procedures for adjudication of controversies - review by supreme court(1) When any controversy arises between any official charged with any duty or function under this code and any candidate, or any officers or representatives of a political party, or any persons who have made nominations or when any eligible elector files a verified petition in a district court of competent jurisdiction alleging that a person charged with a duty under this code has committed or is about to commit a breach or neglect of duty or other wrongful act, after notice to the official which includes an opportunity to be heard, upon a finding of good cause, the district court shall issue an order requiring substantial compliance with the provisions of this code. The order shall require the person charged to forthwith perform the duty or to desist from the wrongful act or to forthwith show cause why the order should not be obeyed. The burden of proof is on the petitioner.(3) The proceedings may be reviewed and finally adjudicated by the supreme court of this state, if either party makes application to the supreme court within three days after the district court proceedings are terminated, unless the supreme court, in its discretion, declines jurisdiction of the case. If the supreme court declines to review the proceedings, the decision of the district court shall be final and not subject to further appellate review.(4) Except as otherwise provided in this part 1, the procedure specified in this section shall be the exclusive method for the adjudication of controversies arising from a breach or neglect of duty or other wrongful act that occurs prior to the day of an election.(5) Notwithstanding any other provision of law, the procedures specified in section 1-1.5-105 shall constitute the exclusive administrative remedy for a complaint arising under Title III of the federal "Help America Vote Act of 2002", Pub.L. 107-252.L. 92: Entire article R&RE, p. 635, § 1, effective 1/1/1993. L. 93: (1) amended, p. 1396, § 8, effective July 1. L. 94: (2) amended and (4) added, p. 1151, § 4, effective July 1. L. 2003: (5) added, p. 2065, § 6, effective May 22. L. 2007: (3) amended, p. 1968, § 3, effective August 3. L. 2010: (2) repealed, (HB 10 -1291), ch. 325, p. 1506, § 2, effective July 1.This section is similar to former § 1-1-111 as it existed prior to 1992.
(1) For violation of duty and penalty therefor, see § 1-13-107. (2) For the "Help America Vote Act of 2002", see Pub.L. 107-252, codified at 42 U.S.C. sec. 15301 et seq.