20A-4-401 - Recounts -- Procedure. - Utah Statutes

20A-4-401. Recounts -- Procedure.
(1) (a) (i) For any regular primary, regular general, or municipal general election, or theWestern States Presidential primary, when any candidate loses by not more than a total of onevote per voting precinct, the candidate may file a request for a recount within seven days after thecanvass with:
(A) the municipal clerk, if the election is a municipal election;
(B) the local district clerk, if the election is a local district election;
(C) the county clerk, for races or ballot propositions voted on entirely within a singlecounty; or
(D) the lieutenant governor, for statewide races and ballot propositions and formulticounty races and ballot propositions.
(ii) For any municipal primary election, when any candidate loses by not more than atotal of one vote per voting precinct, the candidate may file a request for a recount with theappropriate election officer within three days after the canvass.
(b) The election officer shall:
(i) supervise the recount;
(ii) recount all ballots cast for that office;
(iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part3, Absentee Voting; and
(iv) declare elected the person receiving the highest number of votes on the recount.
(2) (a) Any 10 voters who voted in an election when any ballot proposition or bondproposition was on the ballot may file a request for a recount with the appropriate election officerwithin seven days of the canvass.
(b) The election officer shall:
(i) supervise the recount;
(ii) recount all ballots cast for that ballot proposition or bond proposition;
(iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part3, Absentee Voting; and
(iv) declare the ballot proposition or bond proposition to have "passed" or "failed" basedupon the results of the recount.
(c) Proponents and opponents of the ballot proposition or bond proposition maydesignate representatives to witness the recount.
(d) The voters requesting the recount shall pay the costs of the recount.
(3) Costs incurred by recount under Subsection (1) may not be assessed against theperson requesting the recount.
(4) (a) Upon completion of the recount, the election officer shall immediately convenethe board of canvassers.
(b) The board of canvassers shall:
(i) canvass the election returns for the race or proposition that was the subject of therecount; and
(ii) with the assistance of the election officer, prepare and sign the report required bySection 20A-4-304 or Section 20A-4-306.
(c) If the recount is for a statewide or multicounty race or for a statewide proposition, theboard of county canvassers shall prepare and transmit a separate report to the lieutenant governoras required by Subsection 20A-4-304(3).

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(d) The canvassers' report prepared as provided in this Subsection (4) is the official resultof the race or proposition that is the subject of the recount.

Amended by Chapter 329, 2007 General Session