ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, pages 1 and 2, by deleting lines 7 through 11 on page 1 and lines 1 through 8 on page 2, and inserting:
“with the clerk of the district court. The parties to such a contest shall be designated contestant and defendant.
2. On or before December 15 of the year immediately preceding a regular legislative session:
(a) The contestant in a contest of a general election for the office of Assemblyman or Senator may amend the statement of contest filed pursuant to this section by filing an amended statement of contest and any relevant depositions, ballots and other documents relating to the contest with the Secretary of State; and
(b) Each party in a contest of a general election for the office of Assemblyman or Senator shall provide the Secretary of State with a list of the witnesses the party intends to present at the hearing of the contest.
3. Each party in a contest of a general election for the office of Assemblyman or Senator may:
(a) Before the hearing of the contest:
(1) Take the deposition of any witness in the manner prescribed by rule of court for taking depositions in civil actions in the district courts; and
(2) Investigate issues relating to the contest; and
(b) At the hearing of the contest, present any relevant depositions and other evidence obtained as a result of such investigation at the hearing of the contest, including, without limitation, evidence obtained after the date for filing an amended statement of contest. If a party obtains evidence after such date, the evidence may not be included in the statement of contest or amended statement of contest.”.
Amend sec. 2, page 2, by deleting lines 28 through 39 and inserting:
“5. In a contest of a general election for the office of Assemblyman or Senator, the house in which a contest was tried or was to be tried shall determine the remedy, if any, to be awarded to a party to such a contest. The remedy may include, without limitation, any costs incurred by a party in connection with the contest.”.
Amend the title of the bill to read as follows:
“AN ACT relating to elections; authorizing the contestant in a contest of a general election for the office of Assemblyman or Senator to amend the statement of contest by a certain date before the commencement of the legislative session; authorizing the parties in such a contest to take depositions, investigate the contest until the date of the hearing of the contest and present the evidence or findings of the investigation at the hearing of the contest; providing that the legislative house in which the contest was tried or was to be tried may determine the remedies awarded to a party in such a contest; and providing other matters properly relating thereto.”.