H.B. 85 Enrolled

1

VOTING RECOUNT AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Craig Hall
5 Senate Sponsor: Deidre M. Henderson
6
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:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 20A-4-401, as last amended by Laws of Utah 2007, Chapter 329
22
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) (i) For any regular primary, regular general, or municipal general election, or
27 the Western States Presidential primary, when any candidate loses by not more than a total of
28 one vote per voting precinct, the candidate may file a request for a recount within seven days
29 after the canvass with:]

30 (1) (a) Except as provided in Subsection (1)(b), for a race between candidates, if the
31 difference between the number of votes cast for a winning candidate in the race and a losing
32 candidate in the race is equal to or less than .25% of the total number of votes cast for all
33 candidates in the race, that losing candidate may file a request for a recount in accordance with
34 Subsection (1)(c).
35 (b) For a race between candidates where the total of all votes cast in the race is 400 or
36 less, if the difference between the number of votes cast for a winning candidate in the race and
37 a losing candidate in the race is one vote, that losing candidate may file a request for a recount
38 in accordance with Subsection (1)(c).
39 (c) A candidate who files a request for a recount under Subsection (1)(a) or (b) shall
40 file the request:
41 (i) for a municipal primary election, with the municipal clerk, within three days after
42 the canvass; or
43 (ii) for all other elections, within seven days after the canvass with:
44 (A) the municipal clerk, if the election is a municipal general election;
45 (B) the local district clerk, if the election is a local district election;
46 (C) the county clerk, for races [or ballot propositions] voted on entirely within a single
47 county; or
48 (D) the lieutenant governor, for statewide races and [ballot propositions and for]
49 multicounty races [and ballot propositions].
50 [(ii) For any municipal primary election, when any candidate loses by not more than a
51 total of one vote per voting precinct, the candidate may file a request for a recount with the
52 appropriate election officer within three days after the canvass.]
53 [(b)] (d) The election officer shall:
54 (i) supervise the recount;
55 (ii) recount all ballots cast for that [office] race;
56 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
57 3, Absentee Voting; [and]

58 (iv) for a race where only one candidate may win, declare elected the [person
59 receiving] candidate who receives the highest number of votes on the recount[.]; and
60 (v) for a race where multiple candidates may win, declare elected the applicable
61 number of candidates who receive the highest number of votes on the recount.
62 (2) (a) [Any] Except as provided in Subsection (2)(b), for a ballot proposition or a
63 bond proposition, if the proposition passes or fails by a margin that is equal to or less than
64 .25% of the total votes cast for or against the proposition, any 10 voters who voted in [an
65 election when any ballot proposition or bond] the election where the proposition was on the
66 ballot may file a request for a recount [with the appropriate election officer] within seven days
67 of the canvass with the person described in Subsection (2)(c).
68 (b) For a ballot proposition or a bond proposition where the total of all votes cast for or
69 against the proposition is 400 or less, if the difference between the number of votes cast for the
70 proposition and the number of votes cast against the proposition is one vote, any 10 voters who
71 voted in the election where the proposition was on the ballot may file a request for a recount
72 within seven days of the canvass with the person described in Subsection (2)(c).
73 (c) The 10 voters who file a request for a recount under Subsection (2)(a) or (b) shall
74 file the request with:
75 (i) the municipal clerk, if the election is a municipal election;
76 (ii) the local district clerk, if the election is a local district election;
77 (iii) the county clerk, for propositions voted on entirely within a single county; or
78 (iv) the lieutenant governor, for statewide propositions and multicounty propositions.
79 [(b)] (d) The election officer shall:
80 (i) supervise the recount;
81 (ii) recount all ballots cast for that ballot proposition or bond proposition;
82 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
83 3, Absentee Voting; and
84 (iv) declare the ballot proposition or bond proposition to have "passed" or "failed"
85 based upon the results of the recount.

86 [(c)] (e) Proponents and opponents of the ballot proposition or bond proposition may
87 designate representatives to witness the recount.
88 [(d)] (f) The voters requesting the recount shall pay the costs of the recount.
89 (3) Costs incurred by recount under Subsection (1) may not be assessed against the
90 person requesting the recount.
91 (4) (a) Upon completion of the recount, the election officer shall immediately convene
92 the board of canvassers.
93 (b) The board of canvassers shall:
94 (i) canvass the election returns for the race or proposition that was the subject of the
95 recount; and
96 (ii) with the assistance of the election officer, prepare and sign the report required by
97 Section 20A-4-304 or Section 20A-4-306 .
98 (c) If the recount is for a statewide or multicounty race or for a statewide proposition,
99 the board of county canvassers shall prepare and transmit a separate report to the lieutenant
100 governor as required by Subsection 20A-4-304 (3).
101 (d) The canvassers' report prepared as provided in this Subsection (4) is the official
102 result of the race or proposition that is the subject of the recount.

[Bill Documents]