2010 Rules of Procedure for Municipal Election Contests

Section 1

Within five (5) days from receipt of the summons and the copy of the protest or petition, the protestee or the respondent shall file an answer in three (3) legible copies, with proof of service of a copy on the protestant or the petitioner. The answer shall be verified and may set forth admissions and denials, special and affirmative defenses, and a compulsory counterclaim. The protestee may incorporate a counter-protest in the answer. The counter-protest shall specify the counter-protested precincts and the parties’ votes per the Statement of Votes by Precinct and, in the proper case, a detailed specification of the acts or omissions complained of as electoral fraud, anomalies or irregularities in the counter-protested precincts; if the votes are not so specified, an explanation should be made for the omission.

Section 2

The protestant or petitioner shall answer the counterclaim or counter-protest within a non-extendible period of five (5) days from notice.

Section 3

Allegations in the answer. – (a) Specific denial. – A protestee or respondent must specify each material allegation of fact whose truth he or she does not admit; whenever practicable, he or she shall set forth the substance of the matters upon to support the denial. The protestee or respondent shall specify the averments that are true and material, and shall deny the rest. (b) Allegations not specify denied deemed admitted. – Material averments in the protest or petition, other than the amount of unliquidated damages and issues on the appreciation of ballots, shall be deemed admitted when not specifically denied.

Section 4

Effect of failure to plead. – (a) Defenses and objections not pleaded. – Defenses and objections not pleaded are deemed waived. The court shall dismiss the claim when it appears from the pleadings or the evidence on record that (1) the court has no jurisdiction over the subject matter; or (2) there is another action pending between the same parties for the same cause; or (3) the action is barred by a prior judgement or by the statute of limitations. (b) Compulsory counterclaim or cross-claim not set up barred. – A compulsory counterclaim or a cross-claim not set up shall be barred. (c) Effect of failure to answer. – If the protestee or the respondent fails to answer within the time allowed in an election protest that does not involve ballot revision or in a petition for quo warranto, the court – upon motion of the Protestant or the petitioner, with notice to the protestee or the respondent, and upon proof of such failure – shall proceed to render judgment granting the relief prayed for on the basis of the allegations of the verified protest or petition, unless the court in its discretion opts to require the protestant or the petitioner to submit evidence ex parte. Where the election protest involves revision or examination of ballots or the verification or re-tabulation of the election returns, the court shall issue the appropriate order and shall proceed to render judgment based on the results of the revision, examination, verification or re-tabulation. During these proceedings, only the protestant’s revisors may participate. The protestee, or his or her duly authorized representative, has the right to be present and to observe the proceedings, without the right to object and to lay claim to ballots and election returns.

Section 5

In computing any period of time prescribed or allowed by these Rules, by order of the court or by any applicable statute, the day of the act or the event marking the start when time begins to run is to be excluded and the date of performance included. If the last day of the period, as so computed, falls on a Saturday, a Sunday, or a legal holiday in the place where the court sits, time shall not run until the next working day.

Section 6

After the expiration of the period for the filling of an election protest, counter-protest or petition for quo warranto, substantial amendments that broaden the scope of the action or introduce an additional cause of action may be allowed only upon leave of court. Leave of court may be refused if the motion for leave appears to the court to be intended for delay. Any amendment in matters of form – such as a defect in the designation of the parties and other clearly clerical or typographical errors – may summarily corrected by the court at any stage of the proceedings, at its initiative or on motion, provided the correction does not prejudice the adverse party.