§ 1-10-105 — Election results - certification by secretary of state

(1) After
receiving, compiling, and totaling the final abstracts of votes cast for all elections
from the counties, and after all mandatory recounts have been completed, the
secretary of state shall prepare and certify the official statewide election results
for all candidates, ballot issues, and ballot questions that the secretary of state
certified for the ballot. The secretary of state shall prepare and certify the official
statewide election results for any state-certified race that enters a requested
recount after receiving, compiling, and totaling the amended abstract of votes cast
from the counties involved in the recount. For each contest, the certified election
results must show the total number of votes received, with subtotals for each
county in which the candidate was on the ballot, and the ballot wording for each
ballot issue and ballot question.

(2) In the event of tie votes, the secretary of state shall include the method
of resolving votes and the final result in the statewide abstract of votes cast.

(3) (Deleted by amendment, L. 99, p. 480, � 7, effective July 1, 1999.)

(4) In the event that an accurate and verifiable determination of the count
cannot be made and therefore the secretary of state is unable to certify the
election of any candidate, the secretary shall issue a report indicating the nature of
the irregularity rather than issue a certification.

(5) The secretary of state shall publish on a biennial basis an official abstract
of votes cast for all statewide elections held in the year of the general election and
include the odd-number year immediately preceding that general election. The
abstract shall contain the following information:

(a) All information included in the statewide abstract of votes cast, as
provided in subsection (1) of this section;

(b) The names of candidates elected to county offices and the offices for
which they were elected, as furnished by the county clerk and recorders;

(c) The reconciled total number of active, registered voters in each county on
election day;

(d) Based on the total number of registered voters, the percent of voter
turnout in each county; and

(e) Any other information that the secretary of state determines would be
interesting or useful to the electorate or other elected officials.

(6) Upon the request of a county clerk and recorder, the secretary of state
shall furnish a copy of the complete official biennial statewide abstract of votes to
the county clerk and recorder, at no charge, no later than June of the odd-numbered
year immediately following the general election.

Legislative History

Source: L. 92: Entire article R&RE, p. 777, � 13, effective January 1, 1993. L. 94: (1) amended, p. 1169, � 49, effective July 1. L. 99: Entire section amended, p. 480, � 7, effective July 1. L. 2009: (5)(c) amended, (HB 09-1018), ch. 158, p. 685, � 7, effective August 5. L. 2010: (6) amended, (HB 10-1116), ch. 194, p. 839, � 25, effective May 5. L. 2012: (5)(d) amended, (HB 12-1292), ch. 181, p. 688, � 39, effective May 17. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 586, � 61, effective May 18. L. 2021: (1) amended, (SB 21-250), ch. 282, p. 1652, � 48, effective June 21.