Law Summary
Amendment to Election Law on Election Contests
- The Assembly has exclusive authority to judge election contests concerning its members.
- The Assembly shall fix rules on filing, notification, expenses, costs, and bonds via resolution.
Jurisdiction of Election Contests
- Election contests not otherwise provided for shall be heard by the Court of First Instance in the district where the election occurred.
- Any candidate voted for may file a contest within two weeks after the election.
- Decisions must be rendered promptly after hearing.
- Court has exclusive and final jurisdiction except in provided cases.
Election Contest Procedures
- Registry lists and ballots must be brought before the court for examination.
- Court appoints necessary officers and fixes their compensation, paid initially from the provincial treasury.
- Court can issue a mandamus directing the board of canvassers to correct canvass results according to findings.
No Lawful Election Determination
- If court finds no person lawfully elected, it shall certify to the Governor-General.
- Governor-General orders a special election to fill the vacant office.
Appeals on Provincial Governor Election Contests
- Appeals allowed to the Supreme Court within ten days from final decisions on contests involving provincial governors.
- Appeals subject to criminal procedure rules.
Bond and Cost Provisions for Motions and Appeals
- Parties filing motions or appeals must post bond with two sufficient sureties or deposit cash.
- Bond conditioned on payment of all expenses and costs incidental to the motion or appeal.
- Successful parties in payment may have costs taxed and collected as judgments against the defeated party.
Nature of Proceedings
- Proceedings under this section are by motion with notice not exceeding 20 days to all candidates voted for.
- Proceedings do not require pleadings or formal actions.
- Courts hear cases in the district where election was held irrespective of its term status.
- Registry list corrected by the board of inspectors is conclusive on voter entitlement.
Notification Obligations
- The court clerk must immediately notify the Executive Secretary upon institution and resolution of contests.
This act enacts a fixed schedule for general elections, clarifies and expands rules on election contests, empowers the Courts of First Instance in election disputes, introduces appeal mechanisms for provincial governor contests, and regulates procedural and cost aspects to ensure orderly resolution of election disputes.