Relating to the recounting and contesting of elections, and providing penalties

This bill relates to the recounting of elections and election contests. The bill requires an election recount to be conducted in each precinct where a ballot for a given office was cast when a recount is requested for that office. The bill changes the deadline for the receipt of a request for a recount to the second Wednesday following an election and makes conforming changes. The bill requires a person seeking a recount of an election for a statewide elected office, member of the general assembly, or federal office to submit the request to the state commissioner of elections. The difference between the total number of votes cast for the apparent winner and the total number of votes cast for the candidate requesting the recount must be percent or less in order for a recount to be called.1 percent or less. The bill requires the candidate requesting the recount to affirm that the candidate will be responsible for the payment of the bond if the candidate’s committee does not pay for the bond. The bill changes the composition of the election recount board to consist of the county commissioner of elections, the county commissioner of elections’ staff, and any persons employed by the county commissioner of elections to tally ballots during the election. The bill allows the apparent winning candidate and the candidate requesting the recount to select not more than five persons each to observe the recount. A recount may be conducted either by hand or by use of automatic tabulating equipment, but not by both. The county commissioner of elections must make all automatic tabulating equipment available for use during the recount. The bill requires the recount board’s written report of its findings to be signed by at least two-thirds of the members of the board. The bill requires a county commissioner of elections to comply with all guidance issued by the state commissioner of elections. If the state commissioner of elections believes that a recount is not being conducted as required by law, the bill allows the state commissioner to halt the recount, take custody of all ballots and equipment used in the recount, and appoint staff to conduct the recount. If the state commissioner of elections believes that a county commissioner of elections is purposefully conducting a recount in violation of law, the state commissioner may impose a civil penalty on the county commissioner not to exceed $25,000, to be deposited in the general fund of the state. The bill changes the membership of contest courts for public measures, governor and lieutenant governor, presidential electors and federal officers, state officers, and county officers to consist of five district court judges, appointed by the chief justice of the supreme court by January of each odd-numbered year. The bill allows the decisions of contest courts for public measures, governor and lieutenant governor, presidential electors and federal officers, state officers, and county officers to be appealed to the supreme court.