Sec. 9-311a. Recanvass on close vote.
Sec. 9-311a. Recanvass on close vote. For purposes of this section, state, district
and municipal offices shall be as defined in section 9-372 except that the office of
presidential elector shall be deemed a state office. Forthwith after a regular or special
election for municipal office, or forthwith upon tabulation of the vote for state and
district offices by the Secretary of the State, when at any such election the plurality of
an elected candidate for an office over the vote for a defeated candidate receiving the
next highest number of votes was either (1) less than a vote equivalent to one-half of
one per cent of the total number of votes cast for the office but not more than two
thousand votes, or (2) less than twenty votes, there shall be a recanvass of the returns
of the voting machine or voting machines and absentee ballots used in such election for
such office unless such defeated candidate or defeated candidates, as the case may be,
for such office file a written statement waiving this right to such canvass with the municipal clerk in the case of a municipal office, or with the Secretary of the State in the case
of a state or district office. In the case of state and district offices, the Secretary of the
State upon tabulation of the votes for such offices shall notify the town clerks in the
state or district, as the case may be, of the state and district offices which qualify for an
automatic recanvass and shall also notify each candidate for any such office. When a
recanvass is to be held the municipal clerk shall promptly notify the moderator, as
defined in section 9-311, who shall proceed forthwith to cause a recanvass of such
returns of the office in question in the same manner as is provided in said section 9-311. In addition to the notice required under section 9-311, the moderator shall before
such recanvass is made give notice in writing of the time when, and place where, such
recanvass is to be made to each candidate for a municipal office which qualifies for an
automatic recanvass under this section. Nothing in this section shall preclude the right
to judicial proceedings on behalf of a candidate under any provision of chapter 149. For
the purposes of this section, "the total number of votes cast for the office" means in the
case of multiple openings for the same office, the total number of electors checked as
having voted in the state, district, municipality or political subdivision, as the case may
be. When a recanvass of the returns for an office for which there are multiple openings
is required by the provisions of this section, the returns for all candidates for all openings
for the office shall be recanvassed. No one other than a recanvass official shall take part
in the recanvass. If any irregularity in the recanvass procedure is noted by a candidate,
he shall be permitted to present evidence of such irregularity in any contest relating to
the election.
(1963, P.A. 185, S. 1; 1967, P.A. 885, S. 3; 1971, P.A. 542, S. 1; P.A. 80-281, S. 14, 31; P.A. 84-319, S. 37, 49; P.A.
85-382, S. 2.)
History: 1967 act provided for adding "of the office in question" to "cause a recanvass of such returns", also provided
for the clerk to notify the secretary of the state upon receipt of application for a recanvass where a state election is involved;
1971 act provided that the definitions contained in Sec. 9-372 would apply for purposes of section to state, district and
municipal offices but that office of presidential elector is deemed a state office, deleted provision for application for
recanvass and provided that a recanvass would take place where votes were within the limits already specified, immediately,
in the case of municipal elections or upon the tabulation of the vote for state and district offices by the secretary of the
state, unless a written waiver is filed by defeated candidate(s); P.A. 80-281 provided, in the case of multiple openings for
the same office, the total number of votes cast means the total number of electors checked as having voted and provided
that a recanvass in that case will result in the returns for all candidates being recanvassed; P.A. 84-319 amended section
to provide uniformity in procedures for recanvass after primaries and elections; P.A. 85-382 required only recanvass
officials to take part in recanvass and permitted candidates to present evidence of irregularities noted in any contest relating
to the election.
Invoking provisions of this section does not preclude candidate from obtaining judicial review under section 9-328.
155 C. 68. Cited. 231 C. 602.