TITLE 34

ELECTIONS

CHAPTER 2

DUTIES OF OFFICERS

34-214.  Noncompliance by local county election officials — Enforcement by county clerk. (1) Whenever it appears to a county clerk that any local election official in his county has failed to comply with any election law or any directive or instruction prepared and issued by the county clerk, the county clerk may issue an order to such local election official. The order shall specify in what manner the local election official has failed to comply, indicate the proper manner of compliance and direct the local election official to so comply with such law or directive or instruction within a designated reasonable time.

(2)  If the local election official fails to comply as directed by the order of the county clerk, the county clerk may apply to a judge of the district court for the county in which the county clerk holds office for an order, returnable within five (5) days from the date thereof, to compel the local election official to comply with the order of the county clerk or to show cause why he should not be so compelled. Upon receipt of the application of the county clerk the judge shall issue the appropriate order, which shall be final. The judge shall dispose of the matter as soon as possible and not more than ten (10) days after his order is returned by the local election official.

(3)  The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against the non-complying local election official.

History:

[34-214, added 1970, ch. 140, sec. 30, p. 351.]