S.F. _____ H.F. _____ Section 1. Section 43.56, subsection 1, paragraphs a, b, and 1 c, Code 2024, are amended to read as follows: 2 a. One person or two designees, according to the population 3 of the county as provided in section 50.48, subsection 3, 4 paragraph “a” , chosen by the candidate requesting the recount, 5 who shall be named in the written request when the request is 6 filed . 7 b. One person or two designees, according to the population 8 of the county as provided in section 50.48, subsection 3, 9 paragraph “a” , chosen by the candidate who received the highest 10 number of votes for the nomination being recounted at or before 11 the time the board is required to convene . However, if the 12 candidate who requested the recount received more votes than 13 anyone else for the nomination, the candidate who received the 14 second highest number of votes shall designate this person 15 choose the designee or designees, as applicable, to serve on 16 the recount board. 17 c. A third person mutually agreeable to the board members 18 designated by the candidates One or three persons, according 19 to the population of the county as provided in section 20 50.48, subsection 3, paragraph “a” , who are precinct election 21 officials selected by the chief judge of the judicial district 22 in which the canvass occurs at or before the time the board is 23 required to convene . 24 Sec. 2. Section 50.12, Code 2024, is amended to read as 25 follows: 26 50.12 Return and preservation of ballots. 27 Immediately after making the proclamation, and before 28 separating, the board members of each precinct in which votes 29 have been received by paper ballot shall enclose in an envelope 30 or other container all ballots which have been counted by them, 31 except those endorsed “Rejected as double”, “Defective”, or 32 “Objected to”, and securely seal the envelope. The signatures 33 of all board members of the precinct shall be placed across 34 the seal or the opening of the container so that it cannot 35 -1- LSB 5351XD (2) 90 ss/ns 1/ 17

S.F. _____ H.F. _____ be opened without breaking the seal. The precinct election 1 officials shall return all the ballots to the commissioner, 2 who shall carefully preserve them for six months. Ballots 3 from elections for federal offices shall be preserved for 4 twenty-two months. The sealed packages containing voted 5 ballots shall be opened only for an official recount authorized 6 by section 50.48 , or 50.49 , or 50.50 , for an election contest 7 held pursuant to chapters 57 through 62 , to conduct an audit 8 pursuant to section 50.50 or 50.51 , or to destroy the ballots 9 pursuant to section 50.19 . 10 Sec. 3. Section 50.24, subsections 1 and 4, Code 2024, are 11 amended to read as follows: 12 1. The county board of supervisors shall meet to canvass 13 the vote on the first Monday or Tuesday after the day of 14 each election to which this chapter is applicable, unless 15 the law authorizing the election specifies another date for 16 the canvass. If that Monday or Tuesday is a public holiday, 17 section 4.1, subsection 34 , controls. 18 4. For a regular or special city election or a city runoff 19 election, if the city is located in more than one county, the 20 controlling commissioner for that city under section 47.2 shall 21 conduct a second canvass on the second Monday or Tuesday after 22 the day of the election. However, if a recount is requested 23 pursuant to section 50.48 , the controlling commissioner shall 24 conduct the second canvass within two business days after the 25 conclusion of the recount proceedings. Each commissioner 26 conducting a canvass for the city pursuant to subsection 1 27 shall transmit abstracts for the offices and public measures of 28 that city to the controlling commissioner for that city, along 29 with individual tallies for each write-in candidate. At the 30 second canvass, the county board of supervisors of the county 31 of the controlling commissioner shall canvass the abstracts 32 received pursuant to this subsection and shall prepare a 33 combined city abstract stating the number of votes cast in the 34 city for each office and on each question on the ballot for 35 -2- LSB 5351XD (2) 90 ss/ns 2/ 17

S.F. _____ H.F. _____ the city election. The combined city abstract shall further 1 indicate the name of each person who received votes for each 2 office on the ballot, the number of votes each person named 3 received for that office, and the number of votes for and 4 against each question submitted to the voters at the election. 5 The votes of all write-in candidates who each received less 6 than five percent of the total votes cast in the city for 7 an office shall be reported collectively under the heading 8 “scattering”. 9 Sec. 4. Section 50.24, subsection 5, paragraph a, Code 2024, 10 is amended to read as follows: 11 a. For a regular or special school election, if the school 12 district is located in more than one county, the controlling 13 commissioner for that school district under section 47.2 shall 14 conduct a second canvass on the second Monday or Tuesday after 15 the day of election. However, if a recount is requested 16 pursuant to section 50.48 , the controlling commissioner shall 17 conduct the second canvass within two business days after the 18 conclusion of the recount proceedings. Each commissioner 19 conducting a canvass for the school district pursuant to 20 subsection 1 shall transmit abstracts for the offices and 21 public measures of that school district to the controlling 22 commissioner for that school district, along with individual 23 tallies for each write-in candidate. At the second canvass the 24 county board of supervisors of the controlling county shall 25 canvass the abstracts received pursuant to this subsection and 26 shall prepare a combined school district abstract stating the 27 number of votes cast in the school district for each office and 28 on each question on the ballot for the school election. The 29 combined school district abstract shall further indicate the 30 name of each person who received votes for each office on the 31 ballot, the number of votes each person named received for that 32 office, and the number of votes for and against each question 33 submitted to the voters at the election. The votes of all 34 write-in candidates who each received less than five percent of 35 -3- LSB 5351XD (2) 90 ss/ns 3/ 17

S.F. _____ H.F. _____ the total votes cast in the school district for an office shall 1 be reported collectively under the heading “scattering”. 2 Sec. 5. Section 50.48, subsection 1, Code 2024, is amended 3 to read as follows: 4 1. a. The Except as provided in paragraph “b” , the county 5 board of canvassers shall order a recount of the votes cast for 6 a particular office or nomination in one or more all specified 7 election precincts in that county if a written request for a 8 recount is made filed with the commissioner of that county not 9 later than 5:00 p.m. on the third second day following the 10 county board’s canvass of the election in question. For a city 11 runoff election held pursuant to section 376.9 , the written 12 request must be made filed with the commissioner of that county 13 not later than 5:00 p.m. on the day following the county 14 board’s canvass of the city runoff election. The request shall 15 be filed with the commissioner of that county and shall be 16 signed by either of the following: 17 (1) A candidate for that office or nomination whose name was 18 printed on the ballot of the precinct or precincts where the 19 recount is requested. 20 (2) Any other person who receives votes for that particular 21 office or nomination in the precinct or precincts where the 22 recount is requested and who is legally qualified to seek and 23 to hold the office in question. 24 b. The state commissioner shall order a recount of the 25 votes cast for a statewide office, a seat in the United States 26 Congress, or electors for president or vice president, or 27 nominations for such offices, in each county specified in a 28 written request if a written request for a recount is filed 29 with the state commissioner not later than 5:00 p.m. on the 30 second day following the county canvass of the election in 31 question. 32 c. If automatic tabulating equipment was used to tabulate 33 votes in the precinct, a written request for a recount must 34 indicate whether the recount shall be conducted only using 35 -4- LSB 5351XD (2) 90 ss/ns 4/ 17

S.F. _____ H.F. _____ automated tabulating equipment or by a hand recount. The same 1 method of recounting must be requested and used in each county 2 in which the candidate requests a recount. The request must be 3 filed with the commissioner of the county where the candidate 4 is requesting a recount and must be signed by either of the 5 following: 6 (1) A candidate for that office or nomination whose name 7 was printed on a ballot of the precinct where the recount is 8 requested. 9 (2) Any other person who receives votes for that particular 10 office or nomination in the precinct where the recount is 11 requested and who is legally qualified to seek and to hold the 12 office in question. 13 b. d. Immediately upon receipt of a request for a recount 14 under paragraph “a” , the commissioner shall send a copy of the 15 request to the apparent winner by certified mail and the state 16 commissioner by electronic mail . Immediately upon receipt 17 of a request for a recount under paragraph “b” , the state 18 commissioner shall send a copy of the request to the apparent 19 winner by certified mail and the commissioner of each county 20 specified in the request by electronic mail. The commissioner 21 or state commissioner who initially received the request for a 22 recount shall also attempt to contact the apparent winner by 23 telephone. If the apparent winner cannot be reached within 24 four three days, the chairperson of the political party or 25 organization which nominated the apparent winner shall be 26 contacted and shall act on behalf of the apparent winner, 27 if necessary. For candidates for state or federal offices, 28 the chairperson of the state party shall be contacted. For 29 candidates for county offices, the county chairperson of the 30 party shall be contacted. 31 e. Upon completion of an administrative audit, a candidate 32 who submitted a request for a recount may withdraw the request 33 within twenty-four hours. 34 Sec. 6. Section 50.48, subsection 2, Code 2024, is amended 35 -5- LSB 5351XD (2) 90 ss/ns 5/ 17

S.F. _____ H.F. _____ by adding the following new paragraph: 1 NEW PARAGRAPH . c. (1) Upon receipt of a written request 2 for a hand recount involving a state office, including a seat 3 in the general assembly, a seat in the United States Congress, 4 or electors for president or vice president, forwarded by 5 the commissioner, the state commissioner shall verify that 6 each request for a recount for that office submitted by that 7 candidate included a request for a hand recount. For each 8 request that did not include a request for a hand recount, the 9 state commissioner shall assess a civil penalty of one hundred 10 dollars against the candidate, to be deposited in the general 11 fund of the state. The civil penalty shall first be deducted 12 from the bond filed by the candidate. 13 (2) Upon verification that a candidate for a state office, 14 including a seat in the general assembly, a seat in the United 15 States Congress, or electors for president or vice president, 16 submitted a written request for a hand recount in at least one 17 but not all counties, the state commissioner shall, within six 18 days following the county canvass of the election, inform each 19 commissioner to which a hand recount was not requested that a 20 hand recount shall be performed pursuant to this section. 21 Sec. 7. Section 50.48, subsections 3 and 4, Code 2024, 22 are amended by striking the subsections and inserting in lieu 23 thereof the following: 24 3. a. The recount shall be conducted by a board which shall 25 consist of one of the following: 26 (1) For a county with a population of fewer than fifteen 27 thousand according to the most recent federal decennial census, 28 all of the following: 29 (a) A designee of the candidate requesting the recount, 30 who shall be named in the written request when the request is 31 filed. 32 (b) A designee of the apparent winning candidate, who shall 33 be named by the candidate at or before the time the board is 34 required to convene. 35 -6- LSB 5351XD (2) 90 ss/ns 6/ 17

S.F. _____ H.F. _____ (c) A member who is a precinct election official selected by 1 the chief judge of the judicial district in which the canvass 2 occurs at or before the time the board is required to convene. 3 (2) For a county with a population of at least fifteen 4 thousand but fewer than fifty thousand according to the most 5 recent federal decennial census, all of the following: 6 (a) A designee of the candidate requesting the recount, 7 who shall be named in the written request when the request is 8 filed. 9 (b) A designee of the apparent winning candidate, who shall 10 be named by the candidate at or before the time the board is 11 required to convene. 12 (c) Three members who are precinct election officials 13 selected by the chief judge of the judicial district in which 14 the canvass occurs at or before the time the board is required 15 to convene. 16 (3) For a county with a population of fifty thousand or 17 greater, all of the following: 18 (a) Two designees of the candidate requesting the recount, 19 who shall be named in the written request when the request is 20 filed. 21 (b) Two designees of the apparent winning candidate, who 22 shall be named by the candidate at or before the time the board 23 is required to convene. 24 (c) Three members who are precinct election officials 25 selected by the chief judge of the judicial district in which 26 the canvass occurs at or before the time the board is required 27 to convene. 28 b. Members appointed to the recount board by the chief judge 29 shall be selected consistent with section 49.13, subsection 2, 30 for partisan offices and section 49.12 for nonpartisan offices. 31 c. The commissioner shall convene the persons designated 32 under paragraph “a” not later than 9:00 a.m. on the sixth 33 day following the county board’s canvass of the election in 34 question. 35 -7- LSB 5351XD (2) 90 ss/ns 7/ 17

S.F. _____ H.F. _____ 4. When all members of the recount board have been selected, 1 the board shall undertake and complete the required recount as 2 expeditiously as reasonably possible in the following manner: 3 a. The commissioner shall inform the board whether the 4 candidate has requested a hand recount. The commissioner 5 or the commissioner’s designee shall supervise the handling 6 of ballots to ensure that the ballots are protected from 7 alteration or damage. 8 b. The board shall direct the commissioner to retabulate 9 the ballots using the automatic tabulating equipment. The same 10 program used for tabulating the votes on election day shall be 11 used at the recount unless the program is believed or known to 12 be flawed. 13 c. The board shall recount only the ballots which were voted 14 and counted for the office in question, including any disputed 15 ballots returned as required in section 50.5. 16 d. After retabulating the ballots as provided in paragraph 17 “b” , the board shall compare the printed results of the 18 tabulation equipment to the abstract prepared pursuant to the 19 county board’s canvass. The board shall note any discrepancies 20 between the two results. 21 e. If the candidate’s written request included a request 22 for a hand recount, the board shall separate the ballots into 23 piles: one for each candidate, one for write-in votes, and 24 one for ballots considered an over or under count. The board 25 shall review and tabulate the ballots in each pile as provided 26 in section 49.98. The board shall compare the hand recount 27 results to the printed results of the tabulation equipment and 28 the abstract. If there are discrepancies between the three 29 results, then the results of the hand recount shall control. 30 f. The ballots shall be resealed by the recount board before 31 adjournment and shall be preserved as required by section 32 50.12. 33 Sec. 8. Section 50.48, subsections 5 and 6, Code 2024, are 34 amended to read as follows: 35 -8- LSB 5351XD (2) 90 ss/ns 8/ 17

S.F. _____ H.F. _____ 5. a. At the conclusion of the recount, the recount board 1 shall make and file with the commissioner a written report of 2 its findings signed by a majority of the recount board. The 3 commissioner or commissioner’s designee may assist in compiling 4 the written report. The written report shall include a full 5 tally and accounting of ballots reviewed by the recount board 6 and shall be reported as required by sections 50.24 and 53.20. 7 The written report must allow the commissioner to correct the 8 canvass of voters in the manner required by law, if applicable. 9 b. If the recount board’s report is that the abstracts 10 prepared pursuant to the county board’s canvass were incorrect 11 as to the number of votes cast for the candidates for the 12 office or nomination in question, in that county or district, 13 the commissioner shall at once so notify the county board. The 14 county board shall reconvene within three days after being so 15 notified , but no later than noon on the twenty-seventh day 16 following the election in question for a recount of the offices 17 of president and vice president , and shall correct its previous 18 proceedings. 19 c. The recount board shall complete the recount and file its 20 report as follows: 21 (1) For the offices of president and vice president, not 22 later than the seventeenth day following the county board’s 23 canvass of the election in question. 24 (2) For a state office, including a seat in the general 25 assembly, or a seat in the United States Congress, not later 26 than the twenty-first day following the county board’s canvass 27 of the election in question. 28 (3) For any other office, not later than the thirteenth 29 day following the county board’s canvass of the election in 30 question. 31 6. a. The commissioner shall promptly notify the state 32 commissioner of any recount of votes for an office to which 33 section 50.30 , or section 43.60 in the case of a primary 34 election, is applicable , or any other office elected by the 35 -9- LSB 5351XD (2) 90 ss/ns 9/ 17

S.F. _____ H.F. _____ residents of more than one county . If necessary, the state 1 canvass required by section 50.38 , or by section 43.63 , as the 2 case may be, shall be delayed with respect to the office or the 3 nomination to which the recount pertains. The commissioner 4 shall subsequently inform the state commissioner at the 5 earliest possible time whether any change in the outcome of the 6 election in that county or district resulted from the recount. 7 b. Upon verification that a candidate submitted a 8 written request for a hand recount in at least one but not 9 all counties, the state commissioner shall, within six days 10 following the county canvass of the election, inform each 11 commissioner of a county in which a recount was requested that 12 a hand recount shall be performed pursuant to this section. 13 Sec. 9. Section 50.49, subsection 1, Code 2024, is amended 14 by striking the subsection and inserting in lieu thereof the 15 following: 16 1. a. A recount for any public measure shall be ordered 17 by the board of canvassers not later than two days after 18 the completion of the canvass of voters for the election if 19 a petition requesting a recount is filed with the county 20 commissioner of a county in which the question appeared on the 21 ballot. The petition for a recount shall indicate whether the 22 recount shall be conducted only using automatic tabulating 23 equipment or by a hand recount following the use of automatic 24 tabulating equipment. If a petition requests a hand recount 25 in one county, the petition shall also request a hand recount 26 in each county in which the petition is filed. A petition must 27 be filed by the person submitting the petition in each county 28 in which the public measure appeared on the ballot. If the 29 petition is not filed by the person submitting the petition in 30 each county in which the public measure appeared on the ballot, 31 a recount shall not be conducted. 32 b. The petition must be signed by the greater of ten 33 eligible electors or a number of eligible electors equaling 34 one percent of the total number of votes cast upon the public 35 -10- LSB 5351XD (2) 90 ss/ns 10/ 17

S.F. _____ H.F. _____ measure in the county. Each person signing the petition must 1 be a person who was entitled to vote on the public measure in 2 question or would have been so entitled if registered to vote. 3 c. Immediately upon receipt of a petition for a recount, 4 the commissioner shall send a copy of the petition to the 5 state commissioner by electronic mail. The state commissioner 6 shall confirm that a petition was filed in every county the 7 public measure appeared on the ballot prior to the convening of 8 the recount board. The state commissioner shall also verify 9 whether each petition for a recount included a request for 10 a hand recount. If the state commissioner verifies that a 11 petition included a request for a hand recount in at least one 12 but not all counties, the state commissioner shall, prior to 13 convening of the recount board, inform each commissioner at 14 which a hand recount was not requested that a hand recount 15 shall be performed. 16 Sec. 10. Section 50.49, subsection 2, paragraph b, Code 17 2024, is amended by striking the paragraph and inserting in 18 lieu thereof the following: 19 b. Two members who are precinct election officials selected 20 by the chief judge of the judicial district in which the 21 canvass occurs at or before the time the board is required to 22 convene. The members shall be selected consistent with section 23 49.12. 24 Sec. 11. Section 50.49, subsection 2, paragraph c, Code 25 2024, is amended by striking the paragraph. 26 Sec. 12. Section 50.49, subsection 3, Code 2024, is amended 27 by striking the subsection and inserting in lieu thereof the 28 following: 29 3. The commissioner shall convene the recount board not 30 later than 9:00 a.m. on the sixth day following the county 31 board’s canvass of the election in question. 32 Sec. 13. Section 50.50, Code 2024, is amended to read as 33 follows: 34 50.50 Administrative recounts audits . 35 -11- LSB 5351XD (2) 90 ss/ns 11/ 17

S.F. _____ H.F. _____ 1. The commissioner who was responsible for conducting an 1 election may request an administrative recount audit when the 2 commissioner is informed or suspects that voting equipment used 3 in the election malfunctioned or that programming errors may 4 have affected the outcome of the election, or if the precinct 5 election officials report counting errors to the commissioner 6 after the conclusion of the canvass of votes in the precinct. 7 An administrative recount audit shall be conducted by the board 8 of the special precinct established by section 53.23 . Bond 9 shall not be required for an administrative recount. The 10 state commissioner may adopt rules for administrative recounts 11 audits . 12 2. If the recount board finds that there is an error 13 in the programming of any voting equipment which may have 14 affected the outcome of the election for any office or public 15 measure on the ballot, the recount board shall describe the 16 errors in its report to the commissioner. The commissioner 17 shall notify the board of supervisors. The supervisors shall 18 determine whether to order an administrative recount for any 19 or all of the offices and public measures on the ballot. Each 20 political party, as defined in section 43.2, may appoint up 21 to five observers to witness an audit conducted pursuant to 22 this section. The observers shall be appointed by the county 23 chairperson or, if the county chairperson fails to make an 24 appointment, by the state chairperson. However, if either or 25 both political parties fail to appoint an observer, the board 26 may continue with the proceedings. 27 Sec. 14. Section 50.51, subsection 3, paragraph a, Code 28 2024, is amended by striking the paragraph. 29 Sec. 15. Section 60.2, Code 2024, is amended to read as 30 follows: 31 60.2 Clerk. 32 The secretary of state clerk of the supreme court shall be 33 the clerk of the court, or, in the secretary of state’s clerk 34 of the supreme court’s absence or inability to act, the clerk 35 -12- LSB 5351XD (2) 90 ss/ns 12/ 17

S.F. _____ H.F. _____ of the supreme court secretary of state . 1 Sec. 16. Section 61.2, Code 2024, is amended to read as 2 follows: 3 61.2 Clerk. 4 The secretary of state clerk of the supreme court shall be 5 the clerk of this court ; but if the person holding that office 6 is a party to the contest, the clerk of the supreme court, or, 7 in case of that person’s absence or inability, the auditor of 8 state shall be clerk , or, in the clerk of the supreme court’s 9 absence or inability to act, the secretary of state. If the 10 person holding the office of secretary of state is a party to 11 the contest, the auditor of state shall be clerk . 12 Sec. 17. Section 260C.15, subsection 5, Code 2024, is 13 amended to read as follows: 14 5. The votes cast in the election shall be canvassed and 15 abstracts of the votes cast shall be certified as required by 16 section 277.20 . In each county whose commissioner of elections 17 is the controlling commissioner for a merged area under section 18 47.2 , the county board of supervisors shall convene on the 19 second Monday or Tuesday after the day of the election to 20 canvass the abstracts of votes cast from each county in the 21 merged area, and declare the results of the voting. The 22 commissioner shall at once issue certificates of election to 23 each person declared elected, and shall certify to the merged 24 area board in substantially the manner prescribed by section 25 50.27 the result of the voting on any public question submitted 26 to the voters of the merged area. Members elected to the board 27 of directors of a merged area shall qualify by taking the oath 28 of office prescribed in section 277.28 . 29 Sec. 18. EFFECTIVE DATE. This Act, being deemed of 30 immediate importance, takes effect upon enactment. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to the conduct of election recounts. 35 -13- LSB 5351XD (2) 90 ss/ns 13/ 17

S.F. _____ H.F. _____ The bill changes the composition of recount boards based 1 on the population of the county. For a county of fewer than 2 15,000, the board shall consist of a designee of the candidate 3 requesting the recount, a designee of the apparent winning 4 candidate, and a person who is a precinct election official 5 selected by the chief judge of the judicial district in which 6 the canvass occurs. For a county with a population between 7 15,000 and 49,999, the board shall consist of a designee of the 8 candidate requesting the recount, a designee of the apparent 9 winning candidate, and three persons who are precinct election 10 officials selected by the chief judge of the judicial district 11 in which the canvass occurs. For a county with a population 12 of 50,000 or greater, the board shall consist of two designees 13 of the candidate requesting the recount, two designees of the 14 apparent winning candidate, and three persons who are precinct 15 election officials selected by the chief judge of the judicial 16 district in which the canvass occurs. Members appointed by 17 the chief judge for the recount of a partisan election shall 18 not be comprised of more than one-third of persons who are not 19 members of either of the two political parties whose candidates 20 for president received the most or next-most votes at the last 21 general election for a partisan election and not more than a 22 simple majority of members appointed by a chief judge shall be 23 from the same political party or organization. 24 The bill removes the first and second Monday after an 25 election as a possible date for canvassing an election. 26 The bill requires a county board of canvassers to order a 27 recount in all election districts in a county for a particular 28 office or nomination if a request for a recount is filed with 29 the commissioner of that county not later than 5:00 p.m. on the 30 second day following the board’s canvass of the election. The 31 bill requires the state commissioner of elections to order a 32 recount of the votes cast for a statewide office, a seat in 33 the United States Congress, or electors for president or vice 34 president, or nominations for such offices, in each county 35 -14- LSB 5351XD (2) 90 ss/ns 14/ 17

S.F. _____ H.F. _____ specified in a written request if the request is filed with the 1 state commissioner not later than 5:00 p.m. on the second day 2 following the county canvass of the election in question. If 3 automatic tabulating equipment was used to tabulate ballots in 4 the precinct, a request for a recount shall indicate whether 5 the recount shall be conducted using only automated tabulating 6 equipment or by hand. The bill requires the candidate to 7 request the same method of recounting in all counties in which 8 the candidate requests a recount. The state commissioner 9 of elections shall assess a civil penalty of $100 against a 10 candidate for each county in which the candidate was required 11 to request a hand recount but did not. The bill requires the 12 penalty to first be deducted from the recount bond paid by the 13 candidate and to be deposited in the general fund of the state. 14 The bill allows a candidate to withdraw a request for a recount 15 within 24 hours of the completion of an administrative audit 16 by a commissioner. 17 The bill requires a recount board to be convened no later 18 than 9:00 a.m. on the sixth day following the canvass of 19 the election. The commissioner shall then inform the board 20 whether the candidate requested a hand recount. The board 21 shall direct the commissioner to retabulate the ballots using 22 the automatic tabulating equipment using the same program as 23 was used to tabulate the votes on election day unless the 24 program is believed or known to be flawed. The board shall 25 recount only the ballots which were voted and counted for 26 the office in question, including disputed ballots. After 27 retabulating, the board shall compare the results to the 28 abstract prepared pursuant to the county board’s canvass and 29 note any discrepancies. If the candidate requested a hand 30 recount, the bill requires the ballots to be separated into 31 categories and tabulated. The board shall then compare the 32 results of the tabulation to the results of the canvass and the 33 automatic recount. If there are discrepancies, the results of 34 the hand recount shall control. The bill then requires the 35 -15- LSB 5351XD (2) 90 ss/ns 15/ 17

S.F. _____ H.F. _____ board to reseal and preserve the ballots. 1 At the conclusion of the recount, the bill requires the board 2 to make and file with the county commissioner of elections a 3 report of its findings, signed by a majority of the board. 4 The bill requires a recount board to include in its written 5 report following the conclusion of a recount a full tally 6 and accounting of ballots reviewed by the board. The report 7 must allow the county commissioner of elections to correct the 8 canvass of votes in the manner required by law, if applicable. 9 The board shall file its report by 17 days after the canvass of 10 an election for the offices of president and vice president, 11 by 21 days after the canvass of an election for a state office 12 or a seat in the United States Congress, and by 13 days after 13 the canvass of any other election. The bill also requires 14 the county board of elections to reconvene no later than 27 15 days following a presidential election to correct any errors 16 identified by the recount board. 17 The bill requires a county commissioner of elections to 18 notify the state commissioner when the county commissioner 19 receives a recount request for any office elected by the 20 residents of more than one county. Upon verification that a 21 candidate requested a hand count in at least one but not all 22 counties where a recount was requested, the bill also requires 23 the state commissioner to inform each commissioner of a county 24 where a recount was requested that a hand recount shall be 25 performed. 26 The bill requires a petition for a recount of an election 27 for a public measure to be submitted not later than two days 28 following the canvass of the votes for the measure rather 29 than three days. The bill changes the makeup of the recount 30 board for a public measure by removing a designee named by the 31 commissioner and a person jointly selected by that person and 32 a designee named in the petition requesting the recount and 33 replacing them with two election officials selected by the 34 chief judge of the judicial district where the canvass occurs. 35 -16- LSB 5351XD (2) 90 ss/ns 16/ 17

S.F. _____ H.F. _____ The commissioner shall convene the recount board not later than 1 9:00 a.m. on the sixth day following the county board’s canvass 2 of the election in question. 3 Under current law, a county commissioner of elections may 4 conduct an administrative recount if the commissioner suspects 5 that voting equipment used in the election malfunctioned or 6 that programming errors may have affected the outcome of the 7 election, or if the precinct election officials report counting 8 errors to the commissioner. The bill instead allows the county 9 commissioner of elections to conduct an administrative audit if 10 such circumstances exist. The bill allows political parties, 11 as defined in Code, to appoint observers to witness the audit. 12 The bill changes the clerk of a court of contest for 13 presidential electors and congresspersons from the secretary 14 of state to the clerk of the supreme court. If the clerk of 15 the supreme court is absent or unable to act, the secretary of 16 state shall be the clerk of the court. For elections for state 17 officers, the bill changes the clerk of a contest court to the 18 clerk of the supreme court. If the clerk of the supreme court 19 is absent or unable to act, the secretary of state shall be the 20 clerk of the court. However, if the secretary of state is a 21 party to the contest, the auditor of state shall be the clerk 22 of the court. 23 The bill takes effect upon enactment. 24 -17- LSB 5351XD (2) 90 ss/ns 17/ 17