SSB 1035

For a county with a population of 50,000 or greater, the board shall consist of two designees of the candidate requesting the recount, two designees of the apparent winning candidate, and three persons who are precinct election officials selected by the chief judge of the judicial district in which the canvass occurs. _____ simple majority of members appointed by a chief judge shall be from the same political party or organization. The bill removes the first and second Monday after an election as a possible date for canvassing an election. on the second day following the board’s canvass of the election. on the second day following the county canvass of the election in question. A request for a recount shall indicate whether the recount shall be conducted using only automated tabulating equipment or by hand following the use of such equipment. If a candidate requests a hand recount in one county, the bill requires the candidate to request a hand recount in all counties in which the candidate requests a recount. The state commissioner of elections shall assess a civil penalty of $100 against a candidate for each county in which the candidate was required to request a hand recount but did not. The bill requires the penalty to first be deducted from the recount bond paid by the candidate and to be deposited in the general fund of the state. on the sixth day following the canvass of the election. The commissioner shall then inform the board whether the candidate requested a hand recount. The board shall direct the commissioner to retabulate the ballots using the automatic tabulating equipment using the same program as was used to tabulate the votes on election day unless the program is believed or known to be flawed. _____ recount only the ballots which were voted and counted for the office in question, including disputed ballots. After retabulating, the board shall compare the results to the abstract prepared pursuant to the county board’s canvass and note any discrepancies. If the candidate requested a hand recount, the bill requires the ballots to be separated into categories and tabulated. The board shall then compare the results of the tabulation to the results of the canvass and the automatic recount. If there are discrepancies, the results of the hand recount shall control. The bill then requires the board to reseal and preserve the ballots. At the conclusion of the recount, the bill requires the board to make and file with the county commissioner of elections a report of its findings, signed by a majority of the board. The bill requires a recount board to include in its written report following the conclusion of a recount a full tally and accounting of ballots reviewed by the board. The report must allow the county commissioner of elections to correct the canvass of votes in the manner required by law, if applicable. The board shall file its report by days after the canvass of an election for the offices of president and vice president, by days after the canvass of an election for a state office or a seat in the United States Congress, and by days after the canvass of any other election. The bill also requires the county board of elections to reconvene no later than days following a presidential election to correct any errors identified by the recount board. The bill requires a petition for a recount of an election for a public measure to be submitted not later than two days following the canvass of the votes for the measure rather than three days. _____ chief judge of the judicial district where the canvass occurs. on the sixth day following the county board’s canvass of the election in question. Under current law, a county commissioner of elections may conduct an administrative recount if the commissioner suspects that voting equipment used in the election malfunctioned or that programming errors may have affected the outcome of the election, or if the precinct election officials report counting errors to the commissioner. The bill instead allows the county commissioner of elections to conduct an administrative audit if such circumstances exist. The bill allows political parties, as defined in Code, to appoint observers to witness the audit. The bill changes the clerk of a court of contest for presidential electors and congresspersons from the secretary of state to the clerk of the supreme court. If the clerk of the supreme court is absent or unable to act, the secretary of state shall be the clerk of the court. For elections for state officers, the bill changes the clerk of a contest court to the clerk of the supreme court. If the clerk of the supreme court is absent or unable to act, the secretary of state shall be the clerk of the court. However, if the secretary of state is a party to the contest, the auditor of state shall be the clerk of the court. The bill takes effect upon enactment.