§ 13-16-418 — Certification After Recount

Montana § 13-16-418

• Jurisdiction: Montana
• Title 13: ELECTIONS
• Ch. 16: RECOUNTS AND TIE VOTES
• Part 4: Recount Procedure

Text

13-16-418 . Certification after recount. (1) (a) Immediately after the recount, the county recount board shall certify the result.
(b) At least two members of the board shall sign the certificate, and it must be attested to under seal by the election administrator.
(c) The certificate must set forth in substance the proceedings of the board and the appearance of any candidates or representatives. The certificate must adequately designate:
(i) each precinct recounted;
(ii) the vote of each precinct according to the official canvass previously made;
(iii) the nomination, position, or question involved; and
(iv) the correct vote of each precinct as determined by the recount.
(d) When the certificate relates to a recount for a congressional office, a state or district office voted on in more than one county, a legislative office, or an office of judge of the district court or a ballot issue voted on in more than one county, the certificate must be made in duplicate. One copy must be transmitted immediately to the secretary of state by certified mail.
(e) (i) If the recount relates to a county, municipal, or district office voted for in only one county, other than that of a legislator or a judge of the district court, or a precinct office or a ballot issue voted on in only one county, the county recount board shall immediately recanvass the returns as corrected by the certificate showing the result of the recount and make a corrected abstract of the votes.
(ii) If the corrected abstract shows no change in the result, no further action is needed.
(iii) If there is a change in the result, a new certificate of election or nomination must be issued to each candidate found to be elected or nominated and the first certificate is void. The individual receiving the second certificate must be elected or nominated to the office.
(2) (a) In the event of a school election recount, immediately after the recount, the school recount board shall certify the result. At least two members of the recount board shall sign the certificate, and it must be attested to under seal by the school election administrator.
(b) The certificate must adequately designate:
(i) the vote of the district according to the official canvass previously made;
(ii) the position or question involved; and
(iii) the correct vote of the district as determined by the recount.
(c) The school recount board shall immediately recanvass the returns as corrected by the certificate showing the result of the recount and make a corrected abstract of the votes. If the corrected abstract shows no change in the result, no further action is needed. If there is a change in the result, a new certificate of election must be issued to each candidate found to be elected and the first certificate is void. The individual receiving the second certificate must be elected to the office.

Legislative History

Ap. p. Sec. 206, Ch. 368, L. 1969; amd. Sec. 49, Ch. 365, L. 1977; Sec. 23-4117, R.C.M. 1947; Ap. p. Sec. 201, Ch. 368, L. 1969; Sec. 23-4112, R.C.M. 1947; R.C.M. 1947, 23-4112, 43-4117; amd. Sec. 186, Ch. 571, L. 1979; Sec. 13-16-404 , MCA 1979; redes. 13-16-418 by Code Commissioner, 1979; amd. Sec. 74, Ch. 56, L. 2009; amd. Sec. 10, Ch. 347, L. 2013.