6.0223 Challenge by qualified electors-Grounds-Procedure.

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(a) Challenging Prior to Election Day. Any registered qualified elector may, for any cause not previously decided by the Board of Registration or the High Court in respect to the same person, challenge the right of that person to be or to remain registered as a qualified elector in any district. The challenge shall be in writing, setting forth the grounds upon which it is based, and be signed by the person making the challenge. The challenge shall be delivered to the election officer who shall immediately serve notice of it on the person challenged. The election officer shall, as soon as possible, investigate and rule on the challenge.

(b) Challenging on Election Day. Any qualified elector rightfully in the polling place may challenge the right of any person, presenting himself to the district officials to vote. The challenge shall be on the grounds that the qualified elector is not the person he alleges himself to be or that the qualified elector is not entitled to vote in that district. No other or further challenge shall be allowed. The challenge shall be considered and decided immediately by the district officials and the ruling announced.

(c) If neither the challenger nor the challenged appeals the ruling of the election officer or the district officials, then the qualified elector shall either be allowed t o vote or be prevented from voting in accordance with the ruling. If an appeal is taken to the Board of Registration, the challenged shall be allowed to vote; provided, that his ballot is placed in a sealed envelope to be later counted or rejected in accordance with the ruling on appeal. The Chief Election Officer shall adopt rules in accordance with 4.1001 et seq., to safeguard the secrecy of the challenge’s ballot.

(d) Notwithstanding 6.0902 and 6.0903, the exclusive means of challenging an elector’s qualifications subsequent to the elector casting his ballot are as follows:

(1) The challenge must be brought by filing a complaint in the Appellate Division of the High Court, without the necessity of prior review by the Board of Registration.

(2) The complaint must be filed in accordance with the procedural requirements of 6.0902 and 6.0903, and may be filed only by those persons authorized under 6.0902.

(3) It is a condition of any relief granted under this subsection that the complaining party plead and prove, by a preponderance of the evidence, that the facts alleged in support of the complaint were not known to him, and could not with due diligence have been discovered, prior to the challenged elector casting his ballot.

History: 1977, PL 15-42 § 1; amd 1980, PL 16-72 § 7.

Amendments: 1980 Subsection (d): added.

Case Notes:

Sections 6.0223, 6.0224, 6.0230, 6.0902, and 6.0903 provide separate and unrelated remedies to complaints concerning the election process. Dole v. Attorney General, ASR (1978).