115.537. Hearing on necessity for recount, when. — Not later than five days after the petition is filed, a preliminary hearing shall be held to determine whether there shall be a recount and not to determine what the recount would show. The court shall hear all evidence by the contestant and contestee bearing on the alleged irregularities.
Notes of Decisions
Cited in
4
cases, 1979–2015 · leading case:
Dotson v. Kander, 464 S.W.3d 190 (Mo. 2015).
Dotson v. Kander, 464 S.W.3d 190 (Mo. 2015).
· cites it 2× “So, for example, section 115.537 provides that, not later - than five days after the election contest petition is filed, “a preliminary hearing shall be held to determine whether there shall be a recount and not to determine what the recount would show.”
State ex rel. Wilson v. Hart, 583 S.W.2d 550 (Mo. Ct. App. 1979).
“A similar conflict would also arise in applying § 115.537, which provides that “[njot later than five days after the petition is filed, a preliminary hearing shall be held to determine whether there shall be a recount .”
Blumenberg v. Hutcheson, 757 S.W.2d 312 (Mo. Ct. App. 1988).
· cites it 6× “” Section 115.537, RSMo 1986, also bears on the issues confronting us.”
D. Samuel Dotson III v. Missouri Sec'y of State Jason Kander, No. SC94482 (Mo. June 30, 2015).
· cites it 2× “So, for example, section 115.537 provides that, not later than five days after the election contest petition is filed, “a preliminary hearing shall be held to determine whether there shall be a recount and not to determine what the recount would show.”
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