115.531. Petition to contest primary election, contents of — filing in incorrect circuit, procedure. — 1. Not later than five days after the official announcement of the results of a primary election is issued by the election authority or the secretary of state, as the case may be, any candidate desiring to contest the primary election shall file a verified petition in the office of the clerk of the circuit court of any circuit in which part of the election was held and in which any alleged irregularity occurred, unless the office involved in the contest is that of a circuit or associate circuit judge not subject to Section 25, Article V, Constitution of Missouri, in which case the verified petition shall be filed, heard, and determined by an adjoining circuit court selected by the contestant as specified in section 115.575. The contestant shall only be required to file one petition with the circuit court for each election contest regardless of the number of counties within the court's jurisdiction. The petition shall set forth the points on which the contestant wishes to contest the election and the facts the contestant will prove in support of such points, and shall pray leave to produce such proof. The judge of the court shall immediately note on the petition the date it was filed and shall immediately set a date, not later than five days after the petition is filed, for a preliminary hearing. If the petition is filed in vacation, the judge of the circuit court shall immediately convene the court in special session for the purpose of hearing the contest. If no regular judge of the court is available the supreme court shall immediately assign another judge. The circuit court in which the petition is filed shall have exclusive jurisdiction over all matters relating to the contest and may issue appropriate orders to all election authorities in the area in which the contested election was held.
2. If a petition contesting a primary election is filed in an incorrect circuit, the court in which it is filed shall have jurisdiction and shall promptly transfer the suit to the correct circuit court.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1978–2023 · leading case:
Wright-Jones v. Johnson, 256 S.W.3d 177 (Mo. Ct. App. 2008).
Wright-Jones v. Johnson, 256 S.W.3d 177 (Mo. Ct. App. 2008).
· cites it 13× “” On that same date, Johnson objected to the trial court holding a hearing on Wright-Jones’s petition later than April 29, 2008, on the grounds that section 115.531 RSMo Supp.2008 2 required the court to hear the petition within five days of being filed.”
Reeves v. Bockman, 101 S.W.3d 280 (Mo. Ct. App. 2002).
· cites it 22× “4 On September 3, 2002, the trial court held that a contest of the results of a primary election such as this is governed by § 115.531 and not § 115.575.1. The trial court dismissed the case for lack of subject matter jurisdiction because this suit was filed in Texas County,…”
State ex rel. Bouchard v. Grady, 86 S.W.3d 121 (Mo. Ct. App. 2002).
· cites it 4× “” Section 115.531 requires the party contesting the primary to file their petition “not later than five days after the official announcement of the results of a primary election is issued by .”
State ex rel. Bushmeyer v. Cahill, 575 S.W.2d 229 (Mo. Ct. App. 1978).
· cites it 3× “Within the statutory time prescribed by § 115.531, 1 a petition was filed in the circuit court by several plaintiffs contesting the primary election.”
Hockemeier v. Berra, 641 S.W.2d 67 (Mo. 1982).
· cites it 2× “1 Within the five day limitational period after the official announcement of the results prescribed by § 115.531, RSMo 1978, appellant filed his petition for recount and new election in circuit court.”
Roberts v. Wamser, 679 F. Supp. 1513 (E.D. Mo. 1987).
· cites it 4× “Louis, pursuant to Mo.Rev.Stat. § 115.531 (1978, now 1986), in which he sought a new election or a recount.”
Black v. Bockenkamp, 607 S.W.2d 176 (Mo. Ct. App. 1980).
· cites it 3× “Section 115.531, RSMo.1978 provides for the filing of an election contest “[n]ot later than five days after the official announcement of the results of a primary election is issued by by the election authority or the secretary of state, as the case may be.”
Dally v. Butler, 972 S.W.2d 603 (Mo. Ct. App. 1998).
· cites it 4× “1997, which reads, in pertinent part: “Not later than five days after the official announcement of the results of a primary election is issued by the election authority ... any candidate desiring to contest the primary election shall file a verified petition in the office of the…”
Blumenberg v. Hutcheson, 757 S.W.2d 312 (Mo. Ct. App. 1988).
· cites it 6× “Among the statutes pertinent to the issues before us is § 115.531, RSMo 1986, which provides: “Not later than five days after the official announcement of the results of a primary election is issued by the election authority .”
Graeff v. Ashcroft (E.D. Mo. 2023).
· cites it 2× “Charles County has “exclusive” jurisdiction pursuant Mo. Rev. Stat. § 115.531 . This motion is moot because, as discussed above, the Court lacks subject matter jurisdiction over all of the claims Plaintiff asserts in her Amended Complaint and must remand it on that basis.”
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