115.583. Recount of votes ordered, when. — If the court or legislative body hearing a contest finds there is a prima facie showing of irregularities which place the result of any contested election in doubt, the court or legislative body shall order a recount of all votes brought in question by the petition or its answer. Where the issue is drawn over the validity of certain votes cast, a prima facie case is made if the validity of a number of votes equal to or greater than the margin of defeat is placed in doubt. The court or legislative body may order a recount of all votes brought in question by the petition or its answer at any time if it finds that the election result is placed in doubt. All materials and records relating to the contested election may be subpoenaed, and all information contained therein shall be subject to the rules of discovery in civil cases. During a recount, the court may hear additional evidence offered by any party bearing on any issue relating to the contested election.
Notes of Decisions
Landwersiek v. Dunivan, 147 S.W.3d 141 (Mo. Ct. App. 2004).
· cites it 12× “See § 115.583. 1 Appellant also sought injunctive relief and damages.”
Bd. of Election Commissioners v. Knipp, 784 S.W.2d 797 (Mo. 1990).
· cites it 8× “The election law provides two remedies in an election contest when irregularities are shown: Section 115.583, RSMo 1986, permits the circuit court to order a recount; Section 115.”
Foster v. Evert, 751 S.W.2d 42 (Mo. 1988).
· cites it 5× “A prima facie case is made “if the validity of a number of votes equal to or greater than the margin of defeat is placed in *45 doubt_” Section 115.583. Any recount focuses only on the votes “brought in question by the petition or its answer.”
Miller v. Frank, 519 S.W.3d 472 (Mo. Ct. App. 2017).
· cites it 4× “See Section 115.583; Section 115.593. Chapter 115 provides only two remedies for an election-contest petition alleging irregularities: a recount under Section 115.”
Charnisky v. Chrismer, 185 S.W.3d 699 (Mo. Ct. App. 2006).
· cites it 2× “Charles County is directed to conduct a recount of the ballots, pursuant to § 115.583, RSMo.; (3) in such recount, the ballot cast by Dennis Gittemeier shall not be counted pursuant to § 115.”
Mickels v. Henderson, 642 S.W.2d 661 (Mo. Ct. App. 1982).
“In these two points defendants apparently argue that § 115.583 and § 115.-585, both sections relating to the recount of votes, require the trial court make a finding of irregularities which affect “the validity of votes equal to or greater than the margin of defeat” and order a…”
Marre v. Reed, 775 S.W.2d 951 (Mo. 1989).
· cites it 12× “Section 115.583, RSMo 1986, requires the court to order "a recount of all votes brought in question by the petition or its answer" if it "finds there is a prima facie showing of irregularities which would place the result of any contested election in doubt.”
McFarland v. Aaron, 65 S.W.3d 609 (Mo. Ct. App. 2002).
· cites it 5× “While we agree that there are circumstances under which the court may order a recount pursuant to § 115.583, such circumstances were not present in this case.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.