§ 20A-4-401 — Recounts -- Procedure.

(1) This section does not apply to a race conducted by instant runoff voting under Part 6, Municipal Alternate Voting Methods Pilot Project.
(2) The election officer shall conduct a recount of votes cast in a race if:
(2)(a) two or more candidates for an office receive an equal and the highest number of votes for that office; or
(2)(b) in a race for an at-large office, two or more candidates receive an equal number of votes and at least one of the candidates must be eliminated to determine which candidates are elected.
(3) (3)(a) Except as provided in Subsection (2) or (3)(b), for a race between candidates, if the difference between the number of votes cast for a winning candidate in the race and a losing candidate in the race is equal to or less than .25% of the total number of votes cast for all candidates in the race, the losing candidate may file a request for a recount in accordance with Subsection (4).
(3)(b) Except as provided in Subsection (2), for a race between candidates where the total of all votes cast in the race is 400 or less, if the difference between the number of votes cast for a winning candidate in the race and a losing candidate in the race is one vote, the losing candidate may file a request for a recount in accordance with Subsection (4).
(4) A losing candidate who files a request for a recount under Subsection (3)(a) or (b) shall file the request:
(4)(a) for a municipal primary election, with the municipal clerk, no later than 5 p.m. on the first business day that is at least three calendar days after the day on which the canvass is completed; or
(4)(b) for all other elections, no later than 5 p.m. on the first business day that is at least three calendar days after the day on which the canvass is completed, with:
(4)(b)(i) the municipal clerk, if the election is a municipal general election;
(4)(b)(ii) the special district clerk, if the election is a special district election;
(4)(b)(iii) the county clerk, for a race voted on entirely within a single county; or
(4)(b)(iv) the lieutenant governor, for a statewide race or multi-county race.
(5) (5)(a) The election officer shall conduct the recount:
(5)(a)(i) for a race described in Subsection (2), no later than 10 calendar days after the day on which the board of canvassers certifies the vote totals; or
(5)(a)(ii) for a race described in Subsection (3), no later than seven calendar days after the day on which the losing candidate requests the recount.
(5)(b) In conducting the recount, the election officer shall:
(5)(b)(i) supervise the recount;
(5)(b)(ii) recount all ballots cast in the race;
(5)(b)(iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4, Disposition of Ballots; and
(5)(b)(iv) (5)(b)(iv)(A) for a race between candidates for a single office, declare elected the candidate who receives the highest number of votes on the recount;
(5)(b)(iv)(B) for a race for an at-large office, declare elected the candidate who receives the highest number of votes on the recount, until all offices are filled by the candidates who received the highest number of votes;
(5)(b)(iv)(C) for a race described in Subsection (5)(b)(iv)(A) in which two or more candidates receive an equal and the highest number of votes, declare a tie vote; or
(5)(b)(iv)(D) for a race described in Subsection (5)(b)(iv)(B) in which two or more candidates receive an equal number of votes, declare a tie vote if the selection of the winning candidate by lot under Section 20A-1-304 is necessary to determine which candidate is elected to the at-large office.
(6) The cost of a recount under Subsection (5) shall be paid by:
(6)(a) for a statewide race or multi-county race, the state; or
(6)(b) for all other races:
(6)(b)(i) the political subdivision that conducts the election; or
(6)(b)(ii) the political subdivision that enters into a contract or interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, with a provider election officer to conduct the election.
(7) (7)(a) Except as provided in Subsection (7)(b), for a ballot proposition or a bond proposition, if the proposition passes or fails by a margin that is equal to or less than .25% of the total votes cast for or against the proposition, any 10 voters who voted in the election where the proposition was on the ballot may file a request for a recount no later than 5 p.m. on the first business day that is at least seven calendar days after the day of the canvass with the person described in Subsection (8).
(7)(b) For a ballot proposition or a bond proposition where the total of all votes cast for or against the proposition is 400 or less, if the difference between the number of votes cast for the proposition and the number of votes cast against the proposition is one vote, any 10 voters who voted in the election where the proposition was on the ballot may file a request for a recount no later than 5 p.m. on the first business day that is at least seven calendar days after the day of the canvass with the person described in Subsection (8).
(8) The 10 voters who file a request for a recount under Subsection (7)(a) or (b) shall file the request with:
(8)(a) the municipal clerk, if the election is a municipal election;
(8)(b) the special district clerk, if the election is a special district election;
(8)(c) the county clerk, for a proposition voted on entirely within a single county; or
(8)(d) the lieutenant governor, for a statewide proposition or multi-county proposition.
(9) (9)(a) In conducting the recount, the election officer shall:
(9)(a)(i) supervise the recount;
(9)(a)(ii) recount all ballots cast for the ballot proposition or bond proposition;
(9)(a)(iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4, Disposition of Ballots; and
(9)(a)(iv) declare the ballot proposition or bond proposition to have "passed" or "failed" based upon the results of the recount.
(9)(b) Proponents and opponents of the ballot proposition or bond proposition may designate representatives to witness the recount.
(10) The voters requesting a recount under Subsection (7)(a) or (b) shall pay the costs of the recount.
(11) (11)(a) Upon completing a recount described in Subsection (5) or (9), the election officer shall immediately convene the board of canvassers.
(11)(b) The board of canvassers shall:
(11)(b)(i) canvass the election returns for the race or proposition that was the subject of the recount; and
(11)(b)(ii) with the assistance of the election officer, prepare and sign the report required by Section 20A-4-304 or 20A-4-306.
(11)(c) If the recount is for a statewide race, multi-county race, or a statewide proposition, the board of county canvassers shall prepare and transmit a separate report to the lieutenant governor as required by Subsection 20A-4-304(12).
(11)(d) The canvassers' report prepared as provided in this Subsection (11) is the official result of the race or proposition that is the subject of the recount.

Legislative History

Amended by Chapter 6, 2025 Special Session 1