(1)The municipal clerk shall conduct a recount of the
votes cast in any election if it appears, as evidenced by the survey of returns, that
the difference between the highest number of votes cast in the election and the
next highest number of votes cast in the election is less than or equal to one-half of
one percent of the highest number of votes cast in the election. Any recount
conducted pursuant to this subsection (1) shall be completed no later than the
fifteenth day following the election and shall be paid for by the governing body. The
clerk shall give notice of the recount to all candidates and, in the case of a ballot
issue or question, to any petition representatives identified pursuant to sections 31-2-221 (1), 31-4-502 (1)(a)(I), and 31-11-106 (2) that are affected by
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(1) The municipal clerk shall conduct a recount of the
votes cast in any election if it appears, as evidenced by the survey of returns, that
the difference between the highest number of votes cast in the election and the
next highest number of votes cast in the election is less than or equal to one-half of
one percent of the highest number of votes cast in the election. Any recount
conducted pursuant to this subsection (1) shall be completed no later than the
fifteenth day following the election and shall be paid for by the governing body. The
clerk shall give notice of the recount to all candidates and, in the case of a ballot
issue or question, to any petition representatives identified pursuant to sections 31-2-221 (1), 31-4-502 (1)(a)(I), and 31-11-106 (2) that are affected by the result of the
election. Such notice shall be given by certified mail, by posting such notice in three
public places within the municipal limits, or by other means reasonably expected to
notify the affected candidates or petition representatives. Any affected candidate
or petition representative is allowed to be present during and observe the recount.
(2) Whenever a recount of the votes cast in an election is not required
pursuant to subsection (1) of this section, any interested party, including a
candidate for office or the petition representatives for a ballot issue or question,
may submit to the clerk a written request for a recount at the expense of the
interested party making the request. This request shall be filed with the clerk within
ten days after the election. Before conducting the recount, the clerk shall give
notice of the recount in accordance with the provisions of subsection (1) of this
section, shall determine the cost of the recount, shall notify the interested party
that requested the recount of such cost, and shall collect the cost of conducting
the recount from such interested party. The interested party that requested the
recount shall pay on demand the cost of the recount to the clerk. The funds paid to
the clerk for the recount shall be placed in escrow for payment of all expenses
incurred in the recount. If, after the recount, the result of the election is reversed in
favor of the interested party that requested the recount or if the amended election
count is such that a recount otherwise would have been required pursuant to
subsection (1) of this section, the payment for expenses shall be refunded to the
interested party who paid them. Any recount of votes conducted pursuant to this
subsection (2) shall be completed no later than the fifteenth day after the election.
(3) The clerk shall be responsible for conducting the recount and shall be
assisted by those persons who assisted in preparing the official abstract of votes. If
the person cannot participate in the recount, another person shall be appointed as
provided in section 31-10-1201. The clerk may appoint additional persons qualified to
be the election judges who did not serve as judges in the election as assistants in
conducting the recount. Persons assisting in the conduct of the recount shall be
compensated as provided in section 31-10-1206.
(4) The clerk may require the production of any documentary evidence
regarding the legality of any vote cast or counted and may correct the survey of
returns in accordance with the clerk's findings based on the evidence presented.
(5) In precincts using paper or electronic ballots, the recounts shall be of the
ballots cast, and the votes shall be tallied on sheets other than those used at the
election. In precincts using voting machines, the recount shall be of the votes
tabulated on the voting machines, and separate tally sheets shall be used for each
machine.
(6) After a recount conducted pursuant to this section has been completed,
the clerk shall notify the governing body of the results of the recount, shall make a
certificate of election for each candidate who received the highest number of votes
for an office for which a recount was conducted, and shall deliver the certificate to
such candidate.