32-1119.

Automatic recount; when; waiver; procedure.

(1) Any candidate who failed to be nominated or elected shall be entitled to a recount if it appears, as evidenced by the abstract of votes, that the candidate failed to be nominated or elected by one of the following margins:

(a) If more than five hundred votes were cast for the office, one percent or less of the votes received by the candidate:

(i) Who received the highest number of votes, for offices in which two or fewer candidates are nominated or one candidate is elected; or

(ii) Who received the fewest number of votes qualifying the candidate for nomination or election, for offices in which three or more candidates are nominated or two or more candidates are elected; and

(b) If five hundred or fewer votes were cast for the office, two percent or less of the votes received by the candidate:

(i) Who received the highest number of votes, for offices in which two or fewer candidates are nominated or one candidate is elected; or

(ii) Who received the fewest number of votes qualifying the candidate for nomination or election, for offices in which three or more candidates are nominated or two or more candidates are elected.

(2) Any losing candidate may waive his or her right to a recount by filing a written statement with the Secretary of State, election commissioner, or county clerk with whom he or she made his or her filing. All expenses of a recount under this section shall be paid by those political subdivisions involved in the recount.

(3) Recounts shall be made by the county canvassing board which officiated in making the official county canvass of the election returns. If any member of the county canvassing board cannot participate in the recount, another person shall be appointed by the election commissioner or county clerk to take the member's place.

(4) Recounts for candidates who filed with the Secretary of State shall be made on the fifth Wednesday after the election and shall commence at 9 a.m. The Secretary of State shall inform each election commissioner or county clerk of the names of the candidates for which the board of state canvassers deems a recount to be necessary.

(5) The election commissioner or county clerk shall be responsible for recounting the ballots for those candidates for whom the county canvassing board deems a recount to be necessary. The recount shall be made as soon as possible after the adjournment of the county canvassing board, except that if a recount is required under subsection (4) of this section, the recounts may be conducted concurrently.

(6) The Secretary of State, election commissioner, or county clerk shall notify all candidates whose ballots will be recounted of the time, date, and place of the recount. Candidates whose ballots will be recounted may be present or be represented by an agent appointed by the candidate.

(7) The procedures for the recounting of ballots shall be the same as those used for the counting of ballots on election day. The recount shall be conducted at the county courthouse, except that if vote counting devices are used for the counting or recounting, such counting or recounting may be accomplished at the site of the devices. Counties counting ballots by using a vote counting device shall first recount the ballots by use of the device. If substantial changes are found, the ballots shall then be counted using such device in any precinct which might reflect a substantial change.