§ 168.748Contested election; petition to determine qualifications of electors

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Sec. 748.
    After issue joined in any case of contested election, either party to the cause may present a
 petition to the court before which the said cause is to be tried, setting forth among other things
 that the petitioner has good reason to believe and does believe that 1 or more voters at the
 election out of which the cause has arisen, naming him or them, and stating his or their place
 of residence, were unqualified to vote at such election; that he believes the same can be
 established by competent testimony; that the ballot or ballots of such voter or voters were
 received after being challenged, as provided by law; and praying that the court may try and
 determine the question of the qualification of such voter or voters at said election, which
 petition shall be verified by the oath of the petitioner or some other person acquainted with the
 facts, and thereupon the court shall direct an issue to be framed, within a time to be fixed
 therefor, for the purpose of determining the question of the qualifications of the voter or voters
 named in said petition to vote at said election; and such issue shall stand for trial as in other
 cases, and the verdict of the jury or judgment of the court upon such issue so made shall be
 received, upon the trial of the principal issue in said cause, as conclusive evidence to establish
 or to disprove the said qualifications of said voter or voters.

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