Text: HF00277 Text: HF00279 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 43.56, unnumbered paragraph 2, Code 1 2 2003, is amended by striking the unnumbered paragraph. 1 3 Sec. 2. Section 50.48, subsections 1, 2, and 3, Code 2003, 1 4 are amended by striking the subsections and inserting in lieu 1 5 thereof the following: 1 6 1. a. The county board of canvassers shall order a 1 7 recount of the votes cast in all precincts in that county for 1 8 a particular office or nomination if a written request for a 1 9 recount is filed not later than five p.m. on the third day 1 10 following the county board's canvass of the election in 1 11 question. For elections for a state or federal office or 1 12 nomination, the request shall be filed with the state 1 13 commissioner of elections. Immediately upon receipt of a 1 14 request for a recount in an election for a state or federal 1 15 office or nomination, the state commissioner shall notify the 1 16 commissioners of all counties in which votes were cast for the 1 17 office or nomination for which a recount is requested. For 1 18 county officers, city elections, school elections, and all 1 19 other elections, except those for state or federal office, the 1 20 request shall be filed with each commissioner of each county 1 21 in which votes for that office or nomination were cast, or 1 22 with the commissioner responsible for conducting the election 1 23 if section 47.2, subsection 2, is applicable. 1 24 b. A recount may be requested only if the returns prepared 1 25 pursuant to section 50.24, or section 43.49 in the case of a 1 26 primary election, indicate that a candidate for an office or 1 27 nomination was defeated or eliminated by fifty or fewer votes 1 28 when fewer than five thousand votes are cast for the office or 1 29 nomination or by one percent or less of the votes cast when 1 30 five thousand or more votes are cast for the office or 1 31 nomination, or that a political party or nonparty political 1 32 organization did not retain or attain political party status 1 33 by fifty or fewer votes when fewer than five thousand votes 1 34 are cast or by one percent or less of the votes required to be 1 35 eligible for political party status when five thousand or more 2 1 votes are cast. 2 2 c. A recount may be requested by one of the following: 2 3 (1) A candidate elected or defeated by fifty or fewer 2 4 votes when fewer than five thousand votes are cast for the 2 5 office or nomination or by one percent or less of the votes 2 6 cast when five thousand or more votes are cast for the office 2 7 or nomination. 2 8 (2) A political party or nonparty political organization 2 9 that did not retain or attain political party status by fifty 2 10 or fewer votes when fewer than five thousand votes are cast or 2 11 by one percent or less of the votes required to be eligible 2 12 for political party status when five thousand or more votes 2 13 are cast. A request by a political party or a political 2 14 organization must be signed by an officer of that party or 2 15 organization or by the political party or nonparty political 2 16 organization candidate for the office of president of the 2 17 United States or governor, whichever is applicable. 2 18 d. If a recount is requested for an office to which more 2 19 than one person was elected, the vote difference calculations 2 20 shall be made using the difference between the number of votes 2 21 received by the person requesting the recount and the number 2 22 of votes received by the apparent winner who received the 2 23 fewest votes among the apparent winners. 2 24 2. Immediately upon receipt of a request for a recount, 2 25 the state commissioner or the commissioner receiving the 2 26 written request, as applicable, shall send a copy of the 2 27 request by certified mail to all candidates who received votes 2 28 for the particular office or nomination for which a recount is 2 29 requested. In addition, the commissioner shall notify the 2 30 following persons by first-class mail or by telephone: 2 31 a. The chairperson of each state political party, if the 2 32 office or nomination for which a recount is requested is a 2 33 state or federal office. 2 34 b. The county chairperson of each county political party, 2 35 if the office or nomination for which a recount is requested 3 1 is a county office. 3 2 c. An officer of any nonparty political organization whose 3 3 candidate received votes for the office or nomination for 3 4 which a recount is requested. 3 5 3. a. In each county that a recount has been requested, 3 6 the recount shall be conducted by a board which shall consist 3 7 of the following: 3 8 (1) A designee of the candidate who received the highest 3 9 number of votes cast for that office or nomination. 3 10 (2) A designee of the candidate who received the second 3 11 highest number of votes cast for that office or nomination. 3 12 (3) A designee of the candidate who requested the recount, 3 13 if such candidate is not otherwise allowed to designate a 3 14 board member under subparagraph (1) or (2). 3 15 (4) A person chosen jointly by the designees under 3 16 subparagraphs (1) and (2) if subparagraph (3) does not apply. 3 17 b. If paragraph "a", subparagraph (3) does not apply, the 3 18 commissioner shall convene the persons designated under 3 19 paragraph "a", subparagraphs (1) and (2), not later than nine 3 20 a.m. on the seventh day following the county board's canvass 3 21 of the election in question. If those board members cannot 3 22 agree on another member by eight a.m. on the ninth day 3 23 following the canvass, they shall immediately so notify the 3 24 chief judge of the judicial district in which the canvass is 3 25 occurring, who shall appoint the other member not later than 3 26 five p.m. on the eleventh day following the canvass. 3 27 Sec. 3. Section 50.48, subsection 4, unnumbered paragraph 3 28 1, Code 2003, is amended to read as follows: 3 29 When all members of the recount board have been selected, 3 30 the board shall undertake and complete the required recount as 3 31 expeditiously as reasonably possible. The commissioner or the 3 32 commissioner's designee shall supervise the handling of 3 33 ballots or voting machine documents to ensure that the ballots 3 34 and other documents are protected from alteration or damage. 3 35The board shall open only the sealed ballot containers from4 1the precincts specified to be recounted in the request or by4 2the recount board.The board shall recount only the ballots 4 3 which were voted and counted for the office in question, 4 4 including any disputed ballots returned as required in section 4 5 50.5. If an electronic tabulating system was used to count 4 6 the ballots, the recount board may request the commissioner to 4 7 retabulate the ballots using the electronic tabulating system. 4 8 The same program used for tabulating the votes on election day 4 9 shall be used at the recount unless the program is believed or 4 10 known to be flawed. 4 11 Sec. 4. Section 50.48, subsection 4, unnumbered paragraph 4 12 2, Code 2003, is amended by striking the unnumbered paragraph. 4 13 Sec. 5. Section 50.48, subsection 5, Code 2003, is amended 4 14 to read as follows: 4 15 5. If the recountboard's report isboard reports that the 4 16 abstracts prepared pursuant to the county board's canvass were 4 17 incorrect as to the number of votes cast for the candidates 4 18 for the office or nomination in question, in that county or 4 19 district, the commissioner shall at once so notify the county 4 20 board. The county board shall reconvene within three days 4 21 after being so notified, and shall correct its previous 4 22 proceedings. 4 23 Sec. 6. Section 50.49, unnumbered paragraph 4, Code 2003, 4 24 is amended to read as follows: 4 25 The petitioners requesting the recount shall post a bondas4 26required by section 50.48, subsection 2. The amount of the 4 27 bond shall be one thousand dollars for a public measure 4 28 appearing on the ballot statewide or one hundred dollars for 4 29 any other public measure. If the difference between the 4 30 affirmative and negative votes cast on the public measure is 4 31 less than the greater of fifty votes or one percent of the 4 32 total number of votes cast for and against the question, a 4 33 bond is not required. If approval by sixty percent of the 4 34 votes cast is required for adoption of the public measure, no 4 35 bond is required if the difference between sixty percent of 5 1 the total votes cast for and against the question and the 5 2 number of votes cast for the losing side is less than the 5 3 greater of fifty votes or one percent of the total number of 5 4 votes cast. If votes cast on the question were canvassed in 5 5 more than one county, the abstracts prepared by the county 5 6 boards in all of those counties shall be totaled for purposes 5 7 of this paragraph. If a bond is required, the bond shall be 5 8 filed with the commissioner responsible for conducting the 5 9 election. 5 10 Sec. 7. Section 50.49, Code 2003, is amended by adding the 5 11 following new unnumbered paragraphs after unnumbered paragraph 5 12 5: 5 13 NEW UNNUMBERED PARAGRAPH. After all recount proceedings on 5 14 a public measure are completed and the official canvass of 5 15 votes cast on the measure is corrected or completed, if 5 16 necessary, any bond posted under this section shall be 5 17 returned to the petitioners if the outcome of the election on 5 18 the question is different as shown by the corrected or 5 19 completed canvass. In all other cases, the bond shall be 5 20 deposited in the election fund of the county with whose 5 21 commissioner the bond was filed. 5 22 NEW UNNUMBERED PARAGRAPH. For purposes of this section, 5 23 "public measure" includes judicial retention elections held 5 24 pursuant to section 46.17. 5 25 EXPLANATION 5 26 This bill makes changes relating to procedures for 5 27 requesting and conducting recounts of votes cast. 5 28 The bill provides that a recount may be requested only if a 5 29 candidate for an office or nomination was defeated or 5 30 eliminated by 50 or fewer votes when less than 5,000 votes are 5 31 cast for the office or by 1 percent or less of the votes cast 5 32 when 5,000 or more votes are cast for the office or nomination 5 33 or if a political party or nonparty political organization did 5 34 not retain or attain political party status by 50 or fewer 5 35 votes required to be eligible for such status when less than 6 1 5,000 votes are cast or by 1 percent or less of the votes 6 2 required to be eligible for such status when 5,000 or more 6 3 votes are cast. A recount may be requested by a candidate 6 4 elected or defeated by the required amount of votes or by the 6 5 political party or nonparty political organization that failed 6 6 to retain or attain political party status by the required 6 7 amount of votes. The bill provides that if the recount is 6 8 requested for a state or federal office, the request shall be 6 9 filed with the state commissioner of elections. 6 10 The bill provides that the recount shall be for all 6 11 precincts in which votes were cast for the office or 6 12 nomination for which the recount is requested. The bill 6 13 strikes the requirement that a bond be posted by the candidate 6 14 requesting the recount. A bond is still required in some 6 15 cases for a recount of the vote on a public measure. 6 16 The bill requires the state or county commissioner of 6 17 elections, as applicable, to send a copy of the recount 6 18 request to all candidates who received votes for the office or 6 19 nomination. The bill requires the commissioner to also 6 20 notify, by first-class mail or telephone, the chairperson of 6 21 each state political party if the recount is a state or 6 22 federal office, the chairperson of each county political party 6 23 if the office is a county office, and an officer of a nonparty 6 24 political organization whose candidate received votes for the 6 25 office. 6 26 The bill provides that the recount board be composed of one 6 27 designee of each of the candidates who received the highest 6 28 and next highest number of votes for that office or nomination 6 29 and a third designee of the candidate who requested the 6 30 recount if the candidate is one who did not receive the 6 31 highest or second highest number of votes. If there are only 6 32 two designees, they are to jointly choose a third person. 6 33 LSB 1338HH 80 6 34 sc/pj/5
Text: HF00277 Text: HF00279 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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