§ 7-5-319 — Recount

(a) (1) Any candidate voted for who may be dissatisfied with the returns from any precinct shall have a recount of the votes cast therein upon the candidate's presenting the county board of election commissioners with a petition requesting the recount. (2) When the number of outstanding absentee ballots of overseas voters combined with the number of uncanvassed provisional ballots is not sufficient to change the results of the election, the candidate must present the petition no later than two (2) days after the county board of election commissioners declares preliminary and unofficial results of the election, including a statement of the number of outstanding absentee ballots of overseas voters. (3) When the number of outstanding absentee ballots of overseas voters combined with the number of uncanvassed provisional ballots is sufficient to potentially change the results of the election, the candidate must present the petition at any time before: (A) The county board of election commissioners finally completes the canvass of the returns of the election and certifies the result; or (B) 12:00 noon on the seventh day following the election. (b) At the time that the petition requesting the recount is presented, the county board of election commissioners shall provide to the candidate requesting the recount a copy of the test results on the voting machines and the electronic vote tabulating devices. Only one (1) recount per candidate per election shall be permitted. The county board of election commissioners shall certify the results of the last recount. The county board of election commissioners may upon its own motion conduct a recount of the returns from any or all precincts. (c) (1) For the recount of an election in which paper ballots are used, the county board of election commissioners shall open the package containing the ballots and recount the ballots in the manner prescribed by law for the count to be made by the election officials in the first instance, or if there is a determination by the county board of election commissioners that the voting machine or electronic vote tabulating device may be malfunctioning, it may recount the ballots by any manner prescribed by law. (2) When conducting a recount, the county board of election commissioners shall: (A) Recount each precinct or other grouping of ballots necessary to recount all ballots cast in the race of the candidate requesting the recount; (B) Review any ballots which were duplicated due to damage or defect to ensure that the selections on each duplicated ballot match exactly to an original ballot for which a duplicate ballot had been created; (C) Ensure each affected candidate has been notified of the recount prior to conducting the recount; (D) Create a certified results tape for each batch of ballots recounted; and (E) Manually compile countywide totals from the certified return records and verify that they match the electronically derived totals from the devices used to collect votes from each tabulator if the tabulators are used in the recount. (d) If the result as found upon the recount differs from that certified by the election officials, the certified results obtained from the recount shall be included in the canvass as the vote for the particular precinct for which the recount was ordered and made. (e) After the recount is completed, the ballots shall again be sealed and kept as provided by law. (f) (1) The costs for any recount must be borne by the candidate petitioning for it, and payment of the costs must be made to the county board of election commissioners prior to the recount in an amount determined by the county board of election commissioners. (2) In the event that the outcome of the election is altered by recount, the costs of the recount shall be refunded to the candidate who petitioned for the recount. (g) The costs of any recount shall be based on the actual costs incurred to conduct the recount, but in no instance shall the amount charged to conduct a recount exceed the rate of twenty-five cents (25¢) per vote cast in the precincts where the recount is requested or a total of two thousand five hundred dollars ($2,500) for the entire county, whichever is less. (h) Within forty-eight (48) hours after a petition for recount is filed, the county board of election commissioners shall notify all candidates whose election could be affected by the outcome of the recount.

Legislative History

Amended by Act 2023, No. 321,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 321,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 534,§ 2, eff. 7/24/2019. Acts 1969, No. 465, Art. 5, § 8; A.S.A. 1947, § 3-508; Acts 1993, No. 430, § 1; 1997, No. 451, § 30; 1999, No. 1023, § 1; 2001, No. 1475, § 4; 2003, No. 1038, § 1; 2003, No. 1165, § 5; 2005, No. 2233, § 7; 2009, No. 1480, § 31.