Foster v. Evert

ROBERTSON, Judge.

This is a direct appeal from the trial court’s dismissal of appellant’s petition for contest of a general election. Appellant attacks the constitutionality of Section 115.579, RSMo 1986. The dispositive issue, however, is whether the circuit court obtains jurisdiction over a general election contest when the circuit clerk issues a summons with a thirty-day return date in the face of Section 115.579, RSMo 1986 1, which requires that any answer filed by a contes-tee in a general election contest be filed within fifteen days of the filing of the general election contest…