§11-26 Appeal from ruling on challenge; or failure of clerk to act. (a) In cases where the clerk, or precinct officials, rules on a challenge on election day, the person ruled against may appeal from the ruling to the board of registration of the person's county for review under part III. The appeal shall be brought before the challenger and challenged party leave the polling place. If an appeal is brought, both the challenger and the challenged voter may be parties to the appeal.

(b) In cases where the clerk rules on a challenge, prior to election day, or refuses to register an applicant, or refuses to change the register under section 11-22, the person ruled against may appeal from the ruling to the board of registration of the person's county. The appeal shall be brought within ten days of service of the adverse decision. Service of the decision shall be made personally or by registered mail, which shall be deemed complete upon deposit in the mails, postage prepaid, and addressed to the aggrieved person's last known address. If an appeal from a decision on a challenge prior to election day is brought, both the challenger and the challenged voter may be parties to the appeal.

(c) If the appeal is sustained, the board shall immediately certify that finding to the clerk, who shall thereupon alter the register to correspond to the findings of the board, and when necessary, the clerk shall notify the precinct officials of the change in the register. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(n); am L 1980, c 264, §1(c); gen ch 1985; am L 1990, c 45, §7]

Case Notes

Where county board of registration only ruled on the individual's right to be or remain a registered voter, which was within the scope of its jurisdiction, and did not mention any possible consequences for the individual's candidacy under the provision applicable to a candidate whose nomination papers have been successfully challenged, board did not exceed its jurisdiction in finding that individual was a candidate for the council seat, an undisputed fact that provided background and context for the appeal, and entering conclusions of law containing extraneous information on the county charter and the residency requirement for running for a council seat. 121 H. 297, 219 P.3d 1084 (2009).