§ § 16.1-16-04Time for commencement of action.

1. Except as provided in subsection 2, an action to contest an election must be
commenced and the complaint must be filed in the district court of the contestee's
county of residence within five days after final certification of a recount by the
appropriate canvassing board or within fourteen days after the final certification by the
appropriate canvassing board if no recount is to be conducted.
2. If the grounds for the action are the illegal payment of money or other valuable thing
subsequent to the filing of any statement of expenses required by this title or if the
contestee does not or cannot meet the qualifications to hold the office as required by
law, the action may be commenced at any time. If the grounds for the action are the
failure of a contestee to satisfy the requirements for having the contestee's name listed
on the ballot as a candidate, the action may be commenced within thirty days of the
date the contestant knows or should know of the failure.
3. The contestee shall serve and file an answer within fourteen days after service of the
contest summons and complaint.