Possibility to appeal

Voting Rights Act (1981)

? 1107. Placing candidate’s name on ballot.

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

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