168.863 Error as to ballot question; recount petition by ballot question committee or elector; good faith winning.
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168.863 Error as to ballot question; recount petition by ballot question committee or elector; good faith winning.
Sec. 863.
If a ballot question committee participates in an election in which there was a ballot question on the ballot and that ballot question committee believes that, but for error, the outcome of the ballot question would have been the opposite result, that ballot question committee may file a recount petition of the votes cast on that ballot question in any precinct. If a ballot question committee that participates in an election in which there was a ballot question on the ballot files a recount petition, that ballot question committee must file that recount petition in good faith and the number of votes requested to be recounted must, at a minimum, be greater than the difference between the "yes" votes and the "no" votes on the proposed ballot question.
The ballot question committee must use the form as required under section 865(3). If a ballot question committee did not participate in an election in which there was a ballot question on the ballot, any elector who voted in that election may file a recount petition concerning that ballot question in the same manner as provided for a ballot question committee under this section.
History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1976, Act 141, Imd. Eff. June 2, 1976 ;-- Am. 2003, Act 302 , Eff. Jan. 1, 2005 ;-- Am. 2012, Act 586 , Imd. Eff. Jan. 7, 2013 ;-- Am. 2024, Act 74 , Eff. Apr. 2, 2025
Popular Name: Election Code