§26-8-112. Conduct of recount - Duties of presiding judge.
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Once service has been accomplished, the recount shall commence pursuant to the order executed by the secretary of the appropriate election board. In the event of a recount for an office under the jurisdiction of the State Election Board, the actual recount of ballots shall be conducted by the county election board or boards as assigned by the Secretary of the State Election Board. The recount shall be conducted in the courtroom of the district court in the county or counties for which the recount is requested, and it shall be the duty of a judge of said court in and for said county to attend and, in conjunction with said county election board, conduct such recount.
The petitioner or petitioner's agent shall be present and remain in attendance when the district court judge calls the proceedings to order. In the event the petitioner or petitioner's agent is not present, the recount shall not be conducted and the deposit shall be forfeited by the petitioner. It shall be the exclusive and sole duty of said judge to hear evidence as to whether the ballots have been preserved in the manner and by the officers prescribed by law, and as to whether they are the identical ballots cast by the voters, and that they have not been exposed to the reach
of unauthorized persons, as to afford a reasonable opportunity of their having been changed or tampered with. The judgment of said court upon such questions shall be final and conclusive. If the court cannot determine that the ballots have been properly preserved, then no recount shall be conducted. If the judgment of the court is that the ballots have been properly preserved, then the recount of the ballots shall be conducted immediately thereafter under the exclusive supervision of the county election board. Added by Laws 1974, c. 153, § 8-112, operative Jan. 1, 1975. Amended by Laws 2019, c. 65, § 1, eff. Nov. 1, 2019.