Section 139Sec./Art. 139

Common Rules Governing Judicial Proceedings in the Matter of Inclusion and Exclusion of Voters. -

(a) Outside of the regular office hours, no application for inclusion, or exclusion of voters shall be received.

(b) Notices to the members of the election registration board, board of inspectors and to the challenged voters shall state the place, date and hour in which such application shall be heard, and such notice may be made by sending a copy thereof by registered mail or by personal delivery to them, or by leaving it in the possession of a person of sufficient discretion in the residence of the said persons, or, in the event that the foregoing procedure is not practicable, by posting a copy in conspicuous place within the municipality, at least ten days prior to the day set for the hearing.

In the interest of justice and to afford the challenged voter all the opportunities to contest the application for exclusion, the judge concerned may, when the challenged voter fails to appear on the first day set for the hearing, order that notice be effected in such manner and within such period of time as he may decide, which time shall in no case be more than ten days from the day the respondent is first found in default.

(c) Each application shall refer to only one election precinct.

(d) No filing fees shall be collected nor any costs be assessed in these proceedings. However, if the judge should be satisfied that the application has been filed for the sole purpose of molesting the adverse party and causing him to incur expenses, he may condemn the culpable party to pay the costs and incidental expenses.

(e) Any candidate who may be affected by the proceedings may intervene and present his evidence.

(f) The decision shall be based on the evidence presented. If the question is whether or not the voter can read and write, such voter shall be personally examined before the court and if the question is whether or not the voter is real or fictitious, his non-appearance on the day set for hearing shall be prima facie evidence that the registered voter is fictitious. In no case shall a decision be rendered upon a stipulation of facts.

(g) These applications shall be heard and decided without delay. The decision shall be rendered within six hours after the hearing and within ten days from the date of its filing or registration in court. Cases appealed or remanded to the judge of the Court of First Instance shall be decided within six hours after the hearing and within ten days after their receipt in the office of the clerk of court.