32-1121. Recount requested by losing candidate; procedure; costs.

343 words·~2 min read·/ne/chapter-32/32-1121

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)(a) If any candidate failed to be nominated or elected by more than the margin provided in section 32-1119 , the losing candidate may submit a certified written request for a recount at such candidate's expense. The request shall be filed with the filing officer with whom the candidate filed for election not later than the third day after the county canvassing board or the board of state canvassers concludes. The request shall list the counties where a recount is requested and shall include payment of the recount cost calculated pursuant to subdivision (2)(a) of this section. The recount shall be conducted as provided in section 32-1119 and subdivision

(b)of this subsection.

(b)If a recount is requested pursuant to this section and the filing officer is the:

(i)Secretary of State, the recount shall be conducted as provided in subsections (4), (6), and

(7)of section 32-1119 , except that if the recount cannot be conducted on the fifth Wednesday following the election, the recount shall be conducted on the sixth Wednesday following the election; or

(ii)Election commissioner or county clerk, the recount shall be conducted as provided in subsections

(5)through

(7)of section 32-1119 .

(2)(a) The cost of the recount shall be one hundred dollars per precinct voting in the contest. The candidate shall pay the cost on demand to the county treasurer of each county involved, and such sums shall be placed in the county general fund to help defray the cost of the recount.

(b)If the recount does not determine the candidate to be the winner:

(i)If the actual expense is less than the determined cost, the candidate may file a claim with the county board for overpayment of the recount; or

(ii)If the actual expense is more than the determined cost, the candidate shall be responsible for payment of the difference.

(c)If the recount determines the candidate to be the winner, all costs which he or she paid shall be refunded. Refunds shall be made from the county general fund.