§ 7-103. Procedure for challenges.
A. Filing Deadline and Fee. Challenges must be filed in writing with the Office on the complaint form provided by the Office. The time limit for filing a challenge shall be within three consecutive business days following the announcement of election results. The challenge must provide the necessary information required by Section 7-102 of this Title and be accompanied by a cash bond of Five Hundred Dollars ($500.00).
B. Receipt. Upon receipt of a challenge the Board shall:
1. Review the challenge for complete compliance with this section, and if in compliance, shall forward the petition to the Chief Justice of the Osage Nation Court, or such other Judge as the Chief Justice may assign.
2. File a response or answer on or before the hearing date set by the Court.
a. The Judge shall hear and determine said issue without delay or continuance of more than five business days.
b. On the day of the hearing, the challenged candidate may file an answer to such petition or may file a cross-petition, setting forth in detail, as required of a petitioner herein, such cross claims of fraud.
c. The decision of said Judge shall be final as to any changes in the total votes, and a copy of such judgment and decision shall be furnished to the Board.
C. Proven Fraud of Candidate. If fraud is proven on the part of a candidate, such candidate shall be declared ineligible for the office for which he or she was a candidate. In all cases where a petition is filed which alleges fraud, but after a hearing said allegations are not proven by clear and convincing evidence, the contestant shall be civilly liable in damages to the challenged candidate or Board for all damages sustained, including reasonable attorney fees and all reasonable and proper costs of conducting such contest. The bond shall be forfeited.
D. Proven Outcome Is Impossible to Determine with Mathematical Certainty. If, in a general or special election, the challenger is able to prove it is impossible to determine with mathematical certainty which candidate is entitled to be certified as the election winner, or in an election concerning a proposed measure or issue, prove that the outcome of the election is impossible to determine with mathematical certainty, the Trial Court Judge shall issue an order for a new election as soon as is practical in the same manner as the contested election, with the identical candidates or issues; provided, that any candidate upon whom fraud has been proven shall not be a candidate in the new election.
1. This subsection shall not apply to primary elections. The general election following the primary election shall take the place of ordering a new election.
E. Evidence of Violation. The person or persons challenging the election results must prove by clear and convincing evidence that the Board or its subordinates violated an election ordinance or otherwise conducted an unfair election and that the outcome of the election would have been different. ONCA 17-107, eff. Oct. 4, 2017.