If the complaint is sufficiently definite to make a prima facie case, unless the circuit court in which it is filed is in session or is to convene within thirty (30) days, the judge shall call a special term which shall possess the powers of a court convened in a regular term, and shall proceed at once to hear the case. The session of the special term to hear these cases shall not interfere with the validity of other courts proceeding at the same time in the circuit.
If the case comes in regular term, it shall be given precedence and be speedily determined. The judge may adjourn other courts in order to hear these cases and may call another judge in exchange to sit in other courts or vacate the bench in other courts and cause a special judge to be elected to hold the court.
Where a complaint fails to allege sufficient facts to state a cause of action in an election contest, it may not be subsequently amended by pointing to facts outside the complaint after the time for contesting the election has expired. McCastlain v. Elmore, 340 Ark. 365, 10 S.W.3d 835 (2000).
Refusal of Continuance.
An election contestant who challenged the way the election commission counted certain write-in ballots was not denied his substantial rights when the court, in making its speedy determination, refused to permit him continuances and time for discovery, since the court did permit both parties access to the write-in ballots upon which the contest was focused. Cartwright v. Carney, 286 Ark. 121, 690 S.W.2d 716 (1985).
Willis v. King, 98 S.W.3d 427 (Ark. 2003). · cites it 4ד2000) (seven-day time period for filing an appeal); Ark.Code Ann. § 7-5-802 (Repl.2000) (requiring the circuit court to "proceed at once" with election cases); Ark.”
Womack v. Foster, 8 S.W.3d 854 (Ark. 2000). · cites it 4דIn short, it seems that Womack's task in making a prima facie case in his counterclaim, as Ark.Code Ann. § 7-5-802 (Repl. 1993) requires, has been made immeasurably more difficult by the ballot-numbering snafu.”
King v. Whitfield, 5 S.W.3d 21 (Ark. 1999). · cites it 4דBut regardless of that, I believe the complaint states a prima facie case, as required by Ark.Code Ann. § 7-5-802 (1987). King alleged in his complaint: (1) that he should have been certified the winner of the election; (2) that Nathan Ashwood of Helena mailed in two batches of…”
Willis v. Crumbly, 242 S.W.3d 600 (Ark. 2006). · cites it 3דSee Ark. Code Ann. § 7-5-802 (b). In sum, the two appeals here involve post-election actions; such actions are authorized under § 7-5-801, which allows a candidate to contest wrongful acts that occurred during the election in the district where those alleged wrongful acts…”
Baker v. Rogers, 243 S.W.3d 911 (Ark. 2006). · cites it 4ד2000) (seven-day time period for filing an appeal); Ark.Code Ann. § 7-5-802 (Repl.2000) (requiring the circuit court to "proceed at once" with election.”
McCastlain v. Elmore, 10 S.W.3d 835 (Ark. 2000). · cites it 2ד”); Ark. Code Ann. § 7-5-802 (Repl. 1993) (requiring circuit court to “proceed at once” to hear the case, and the case shall be given “precedence and be speedily determined”).”
Ark. Code Ann. § 7-5-802(b): 1 case
Willis v. Crumbly, 242 S.W.3d 600 (Ark. 2006). “See Ark. Code Ann. § 7-5-802 (b). In sum, the two appeals here involve post-election actions; such actions are authorized under § 7-5-801, which allows a candidate to contest wrongful acts that occurred during the election in the district where those alleged wrongful acts…”
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