115.601. Recount authorized when less than one percent difference in vote--recount, defined.
Recount authorized when less than one percent difference invote--recount, defined.
115.601. 1. Any contestant in a primary or other election contestwho was defeated by less than one percent of the votes cast for the officeand any contestant who received the second highest number of votes cast forthat office if two or more are to be elected and who was defeated by lessthan one percent of the votes cast, or any person whose position on aquestion was defeated by less than one percent of the votes cast on thequestion, shall have the right to a recount of the votes cast for theoffice or on the question.
2. In cases where the candidate filed or the ballot question wasoriginally filed with an election authority as defined in section 115.015,such recount shall be requested in accordance with the provisions ofsection 115.531 or 115.577 and conducted under the direction of the courtor the commissioner representing the court trying the contest according tothe provisions of this subchapter.
3. In cases where the candidate filed or the ballot question wasoriginally filed with the secretary of state, the defeated candidate or theperson whose position on a question was defeated by less than one percentof the votes cast on the question shall be allowed a recount pursuant tothis section by filing with the secretary of state a request for a recountstating that the person or the person's position on a question was defeatedby less than one percent of the votes cast. Such request shall be filednot later than seven days after certification of the election. Thesecretary of state shall notify all concerned parties of the filing of therequest for a recount. The secretary of state shall authorize the electionauthorities to conduct a recount pursuant to this section if therequesting party or his position on a question was defeated by less thanone percent of the votes cast. The secretary of state shall conduct andcertify the results of the recount as the official results in the electionwithin twenty days of receipt of the aforementioned notice of recount.
4. Whenever a recount is requested pursuant to subsection 3 of thissection, the secretary of state shall determine the number of personsnecessary to assist with the recount and shall appoint such persons equallyfrom lists submitted by the contestant and the opponent who received morevotes or a person whose position on a question received more votes than thecontestant's position on that question. Each person appointed pursuant tothis section shall be a disinterested person and a registered voter of thearea in which the contested election was held. Each person so appointedshall take the oath prescribed for and receive the same pay as an electionjudge in the jurisdiction where the person is registered. After beingsworn not to disclose any facts uncovered by the recount, except thosewhich are contained in the report, the contestant and the opponent whoreceived more votes or a person whose position on a question received morevotes than the contestant's position on that question shall be permitted tobe present in person or represented by an attorney at the recount and toobserve the recount. Each recount shall be completed under the supervisionof the secretary of state with the assistance of the election authoritiesinvolved, and the persons appointed to assist with the recount shallperform such duties as the secretary of state directs. Upon completion ofany duties prescribed by the secretary of state the persons appointed toassist with the recount shall make a written and signed report of theirfindings. The findings of the persons appointed to assist with the recountshall be prima facie evidence of the facts stated therein, but any personpresent at the examination of the votes may be a witness to contradict thefindings. No one other than the secretary of state, the electionauthorities involved, the contestant and the other witnesses described inthis subsection, their attorneys, and those specifically appointed by thesecretary of state to assist with the recount shall be present during anyrecount conducted pursuant to this section.
5. For purposes of this section, "recount" means one additionalcounting of all votes counted for the office or on the question withrespect to which the recount is requested.
(L. 1977 H.B. 101 § 13.450, A.L. 1985 H.B. 620, A.L. 1993 S.B. 31, A.L. 1995 H.B. 484, et al., A.L. 1997 S.B. 132)