1. Within twenty days after the board of supervisors declares a winner from the canvass of an election, the contestant shall file with the commissioner a written statement of intention to contest the election. If a recount is held for the office in question, and the recount board finds that the winner was someone other than the person declared at the original canvass of votes, a contest may be filed within twenty days after the board of supervisors declares a winner from the recount of votes.
2. The contestant’s statement shall include the following:
a. The name of the contestant and that the contestant is qualified to hold such office.
b. The name of the incumbent.
c. The office contested.
d. The date of the election.
e. The particular causes of the contest pursuant to section 57.1, subsection 2. If a cause of the contest is an allegation that illegal votes were received or that legal votes were rejected, a statement shall be included setting forth the names of the persons who are alleged to have voted illegally or whose votes were rejected and the precinct where they voted or offered to vote.
f. The affidavit of the contestant, or some elector of the county, affirming the causes set forth are true. [C51, §345; R60, §575; C73, §697; C97, §1203; C24, 27, 31, 35, 39, §1024; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §62.5] 2002 Acts, ch 1134, §75, 114, 115 \n
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1949–2026 · leading case:
De Koning v. Mellema, 534 N.W.2d 391 (Iowa 1995).
De Koning v. Mellema, 534 N.W.2d 391 (Iowa 1995).
· cites it 12× “The district court sustained defendant’s motion on the basis that the electors had not timely filed a bond as required by Iowa Code sections 62.5 and 62.6, and therefore had not properly initiated a contest court proceeding.”
In re (Iowa 2026).
· cites it 86× “No matter which grounds are relied on, though, every contestant must comply with section 62.5, which governs the initiation of election contests.”
Patton v. Indep. Sch. Dist. of Coggon, 48 N.W.2d 803 (Iowa 1951).
· cites it 4× “” Section 62.5. The contestant must file a bond conditioned to pay all costs in case the election be confirmed.”
In Re Election Contest of Burchett, 39 N.W.2d 305 (Iowa 1949).
· cites it 4× “Section 62.5. It is a further provision of the statute that the statement filed for consideration of the contest court shall not be dismissed for want of form, if the particular causes of contest are alleged with such certainty as will sufficiently advise the incumbent of the…”
Walters v. Bartel, 254 N.W.2d 321 (Iowa 1977).
“See § 62.5, The Code. The legislature could have logically concluded an officeholder potentially exposed to successive removal proceedings should have protection from recurring attorney fees which ultimately could drive him from office.”
In Re AHST Cmty. Sch. Dist. Pub. Measure \B\" Election", 735 N.W.2d 605 (Iowa 2007).
· cites it 7× “On October 6, 2005, the appellants filed a petition with the Pottawattamie County Auditor seeking to convene a “contest court” pursuant to Iowa Code section 62.5. This statutory provision states, “Within twenty days after the board of supervisors declares a winner from the…”
— Iowa Code § 62.5(1) — 1 case
In re (Iowa 2026).
“No matter which grounds are relied on, though, every contestant must comply with section 62.5, which governs the initiation of election contests.”
— Iowa Code § 62.5(2) — 1 case
In re (Iowa 2026).
“No matter which grounds are relied on, though, every contestant must comply with section 62.5, which governs the initiation of election contests.”
— Iowa Code § 62.5(2)(e) — 1 case
In re (Iowa 2026).
“No matter which grounds are relied on, though, every contestant must comply with section 62.5, which governs the initiation of election contests.”
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