First instance body dealing with electoral disputes

Voting Rights Act (1981)

? 1107. Placing candidate’s name on ballot.

The Election Commission shall examine thenomination papers of all candidates and political parties and investigate allcandidates to ensure that all the qualifications of the office have been met.The Election Commission shall, the day after the filing of the nominationpapers, provide a fifteen (15) day “challenging” period during which any personor group may submit a petition, supported by at least five (5) affidavits ofpersons registered in that candidate’s voting district, to request furtherinvestigation and verification of a candidate’s residency or citizenshipqualifications. At such time, the Election Commission shall request thechallenged candidate to provide a written consent to the release of documentsand information. The Election Commission shall further investigate thecandidate’s qualifications and publish its written findings within fifteen (15)days after receiving the petitioner’s request for further investigation andverification.

If a prospective candidate has not met thequalifications of office or fails to cooperate in the Election Commission’sinvestigation then the name of the candidate shall not be placed on the ballot.All signatures shall be verified. All nomination papers shall be reviewed bythe Election Commission and if not in order, the nomination papers shall berejected. A finding by the Election Commission that a candidate’squalifications are in order shall constitute prima facie evidence that thecandidate meets the qualifications for office, and the finding may be rebuttedonly by presentation of clear and convincing evidence to the contrary before the Supreme Court, TrialDivision, within ten (10) days after publication of the Election Commission’sfinding.