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Current as of January 01, 2025 | Updated by Findlaw Staff
A. On filing of the statement of contest, the clerk of the superior court shall issue a summons to be served on the contestee as summons in civil actions are served, except it shall require the contestee to file an answer to the statement with the clerk of the court within five days after service of the summons, exclusive of the day of service. If the answer is not filed within such period, the court shall proceed with the hearing of the contest ex parte. If the contest is on an initiative or referred measure, a proposed constitutional amendment, or other proposition or question submitted, which has been declared carried, the summons shall be served on the governor and attorney general who may appear and answer the statement of contest, or, by leave of court, an elector of the state may intervene and defend the contest.
B. If the election of a person declared elected is contested, the summons shall be in substantially the following form: In the superior court of the state of Arizona in and for the county of
____________
____________ Contestant.
vs.
____________ Contestee.
Summons.
To the above named ________ contestee;
You are hereby notified that ________a resident of ________county, state of Arizona, has on this day filed in this court a statement of contest wherein he contests your election to the office of at the election held on the ____ day of ____, 20_____, a copy of which statement accompanies this summons.
You are therefore required to file your answer to said statement with the clerk of this court within five days after the service of this summons on you exclusive of the day of service or the court will proceed with the hearing of such contest ex parte.
Given under my hand and the seal of said court this day of ____, 20____.
____________________
Clerk of said court.
C. If the contest is on an initiative or referred measure, a proposed constitutional amendment, or other proposition or question submitted, which has been declared carried, the summons shall be in substantially the following form:
In the superior court of the state of Arizona in and for the county of ________.
In the matter of the contest of a certain constitutional amendment (or proposition, describing it briefly, as the case may be.)
To the honorable ________, governor, and the honorable ________, attorney general of the state of Arizona:
You are hereby notified that ______ residing at ____________ in the county of ______, state of Arizona, has this day filed with the clerk of this court a statement wherein he contests the election by which the constitutional amendment (or proposition briefly describing it) was declared to have been carried. A copy of this statement is attached and served on you. You are further notified that unless an answer to this statement is filed within five days after the service of this summons on you the court will proceed with the hearing of this contest ex parte.
Given under my hand and the seal of said court this ________ day of ____, 20____.
________________
Clerk of said court.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 16. Elections and Electors § 16-675. Summons; form; answer - last updated January 01, 2025 | https://codes.findlaw.com/az/title-16-elections-and-electors/az-rev-st-sect-16-675/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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