2006 Utah Code - 20A-4-401 — Recounts -- Procedure.

     20A-4-401.   Recounts -- Procedure.
     (1) (a) (i) For any regular primary, regular general, or municipal general election, or the Western States Presidential primary, when any candidate loses by not more than a total of one vote per voting precinct, the candidate may file a request for a recount within seven days after the canvass with:
     (A) the municipal clerk, if the election is a municipal election;
     (B) the special district clerk, if the election is a special district election;
     (C) the county clerk, for races or ballot propositions voted on entirely within a single county; or
     (D) the lieutenant governor, for statewide races and ballot propositions and for multicounty races and ballot propositions.
     (ii) For any municipal primary election, when any candidate loses by not more than a total of one vote per voting precinct, the candidate may file a request for a recount with the appropriate election officer within three days after the canvass.
     (b) The election officer shall:
     (i) supervise the recount;
     (ii) recount all ballots cast for that office;
     (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part 3, Absentee Voting; and
     (iv) declare elected the person receiving the highest number of votes on the recount.
     (2) (a) Any ten voters who voted in an election when any ballot proposition or bond proposition was on the ballot may file a request for a recount with the appropriate election officer within seven days of the canvass.
     (b) The election officer shall:
     (i) supervise the recount;
     (ii) recount all ballots cast for that ballot proposition or bond proposition;
     (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part 3, Absentee Voting; and
     (iv) declare the ballot proposition or bond proposition to have "passed" or "failed" based upon the results of the recount.
     (c) Proponents and opponents of the ballot proposition or bond proposition may designate representatives to witness the recount.
     (d) The voters requesting the recount shall pay the costs of the recount.
     (3) Costs incurred by recount under Subsection (1) may not be assessed against the person requesting the recount.
     (4) (a) Upon completion of the recount, the election officer shall immediately convene the board of canvassers.
     (b) The board of canvassers shall:
     (i) canvass the election returns for the race or proposition that was the subject of the recount; and
     (ii) with the assistance of the election officer, prepare and sign the report required by Section 20A-4-304 or Section 20A-4-306.
     (c) If the recount is for a statewide or multicounty race or for a statewide proposition, the board of county canvassers shall prepare and transmit a separate report to the lieutenant governor as required by Subsection 20A-4-304(3).

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     (d) The canvassers' report prepared as provided in this Subsection (4) is the official result of the race or proposition that is the subject of the recount.

Amended by Chapter 105, 2005 General Session