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7 LONG TITLE
8 General Description:
9 This bill amends the Election Code by changing the formula for determining when a
10 voting recount may be requested.
11 Highlighted Provisions:
12 This bill:
13 . changes the formula for determining when a voting recount may be requested; and
14 . makes technical and conforming changes.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 20A-4-401, as last amended by Laws of Utah 2007, Chapter 329
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 20A-4-401 is amended to read:
25 20A-4-401. Recounts -- Procedure.
26 (1) (a) [
29 number of votes cast for the candidate who receives the highest number of votes in the race and
30 another candidate in the race is equal to or less than .25% of the total number of votes cast for
31 all candidates in the race, that other candidate may file a request for a recount:
32 (i) for a municipal primary election, with the municipal clerk, within three days after
33 the canvass; or
34 (ii) for all other elections, within seven days after the canvass with:
35 (A) the municipal clerk, if the election is a municipal general election;
36 (B) the local district clerk, if the election is a local district election;
37 (C) the county clerk, for races [
38 county; or
39 (D) the lieutenant governor, for statewide races and [
40 multicounty races [
44 (b) The election officer shall:
45 (i) supervise the recount;
46 (ii) recount all ballots cast for that [
47 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
48 3, Absentee Voting; and
49 (iv) declare elected the person receiving the highest number of votes on the recount.
50 (2) (a) [
51 fails by a margin that is equal to or less than .25% of the total votes cast for or against the
52 proposition, any 10 voters who voted in [
53 election where the proposition was on the ballot may file a request for a recount [
55 (i) the municipal clerk, if the election is a municipal election;
56 (ii) the local district clerk, if the election is a local district election;
57 (iii) the county clerk, for propositions voted on entirely within a single county; or
58 (iv) the lieutenant governor, for statewide propositions and multicounty propositions.
59 (b) The election officer shall:
60 (i) supervise the recount;
61 (ii) recount all ballots cast for that ballot proposition or bond proposition;
62 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
63 3, Absentee Voting; and
64 (iv) declare the ballot proposition or bond proposition to have "passed" or "failed"
65 based upon the results of the recount.
66 (c) Proponents and opponents of the ballot proposition or bond proposition may
67 designate representatives to witness the recount.
68 (d) The voters requesting the recount shall pay the costs of the recount.
69 (3) Costs incurred by recount under Subsection (1) may not be assessed against the
70 person requesting the recount.
71 (4) (a) Upon completion of the recount, the election officer shall immediately convene
72 the board of canvassers.
73 (b) The board of canvassers shall:
74 (i) canvass the election returns for the race or proposition that was the subject of the
75 recount; and
76 (ii) with the assistance of the election officer, prepare and sign the report required by
77 Section 20A-4-304 or Section 20A-4-306 .
78 (c) If the recount is for a statewide or multicounty race or for a statewide proposition,
79 the board of county canvassers shall prepare and transmit a separate report to the lieutenant
80 governor as required by Subsection 20A-4-304 (3).
81 (d) The canvassers' report prepared as provided in this Subsection (4) is the official
82 result of the race or proposition that is the subject of the recount.
Legislative Review Note
as of 1-8-13 3:41 PM