115.577. Time in which election contest may be filed. — Not later than thirty days after the official announcement of the election result by the election authority, any person authorized by section 115.553 who wishes to contest the election for any office or on any question provided in section 115.575 shall file a verified petition in the office of the clerk of the appropriate circuit court. 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 he will prove in support of such points, and shall pray leave to produce his proof. 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.
Notes of Decisions
Beatty v. Metro. St. Louis Sewer Dist., 700 S.W.2d 831 (Mo. 1985).
· cites it 9× “§ 115.577, RSMo 1978. We affirm in part and reverse *833 and remand in part for proceedings consistent with this opinion.”
Clark v. City of Trenton, 591 S.W.2d 257 (Mo. Ct. App. 1979).
· cites it 8× “2, supra, provides in part that the result of “any election on any question” may be contested by one or more registered voters from the area in which the election is held, and Section 115.577, supra, provides in part that “[n]ot later than thirty days after the official…”
Foster v. Evert, 751 S.W.2d 42 (Mo. 1988).
· cites it 4× “On April 27, 1987, Foster filed a petition in the Circuit Court of Ray County pursuant to Section 115.577, contesting the election.”
Wes Shoemyer v. Missouri Sec'y of State Jason Kander, 464 S.W.3d 171 (Mo. 2015).
· cites it 4× “Section 115.577 provides an election contest under chapter 115 must be filed “[n]ot later than thirty days after the official announcement of the election result by the election authority.”
Wells v. Noldon, 679 S.W.2d 889 (Mo. Ct. App. 1984).
· cites it 5× “On May 10, 1983, the Circuit Court dismissed appellant’s petition on the grounds that: (1) a verified petition had not been filed as required by § 115.577, RSMo 1978; (2) appellants failed to produce sufficient evidence as to the invalidity of a sufficient number of absentee…”
Adams v. Friganza, 344 S.W.3d 240 (Mo. Ct. App. 2011).
· cites it 4× “In their third point, Appellants contend the trial court erred in granting Respondents’ motions to dismiss for “all of the other reasons stated in the motions to dismiss” because: (1) the Hancock Amendment takes precedence over the election challenge provisions of Section…”
Reeves v. Bockman, 101 S.W.3d 280 (Mo. Ct. App. 2002).
· cites it 5× “Section 115.577, also referred to in § 115.”
Sisco v. James, 820 S.W.2d 348 (Mo. Ct. App. 1991).
· cites it 4× “Section 115.577, RSMo 1986, pertains to the election contest here.”
Miller v. Frank, 519 S.W.3d 472 (Mo. Ct. App. 2017).
· cites it 2× “Lords County, that the SLCBEC was a necessary party, that Appellants’ petition was untimely filed under Section 115.577, and that Appellants’ failure to comply strictly with the election-contest laws deprived the trial court of jurisdiction 2 over the claim.”
Barks v. Turnbeau, 573 S.W.2d 677 (Mo. Ct. App. 1978).
· cites it 2× “The full ramifications of this argument are not apparent until we consider appellants’ third citation of error, however.”
KCAF Investors, L.L.C. v. Kansas City Downtown Streetcar Transp. Dev. Dist., 414 S.W.3d 470 (Mo. Ct. App. 2013).
· cites it 2× “The court held that Appellants’ challenges to the real-property special assessments were “election contests” which were untimely under § 115.577, because Appellants did not bring their claims within thirty days of the certification of the results of the election approving the…”
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