S.F. _____ H.F. _____ Section 1. Section 43.56, subsection 1, paragraphs a, b, and 1 c, Code 2023, 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 2023, 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 1232XD (4) 90 ss/ns 1/ 16

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 2023, 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 1232XD (4) 90 ss/ns 2/ 16

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 2023, 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 1232XD (4) 90 ss/ns 3/ 16

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 2023, 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. A written request for a recount shall indicate whether 33 the recount shall be conducted only using automated tabulating 34 equipment or by a hand recount following the use of automatic 35 -4- LSB 1232XD (4) 90 ss/ns 4/ 16

S.F. _____ H.F. _____ tabulating equipment. If a candidate requests a hand recount 1 in one county, the candidate shall also request a hand recount 2 in each county in which the candidate requests a recount. The 3 request shall be signed by either of the following: 4 (1) A candidate for that office or nomination whose name 5 was printed on a ballot in the county where the recount is 6 requested. 7 (2) Any other person who receives votes for that particular 8 office or nomination in the county where the recount is 9 requested and who is legally qualified to seek and to hold the 10 office in question. 11 b. d. Immediately upon receipt of a request for a recount 12 under paragraph “a” , the commissioner shall send a copy of the 13 request to the apparent winner by certified mail and the state 14 commissioner by electronic mail . Immediately upon receipt 15 of a request for a recount under paragraph “b” , the state 16 commissioner shall send a copy of the request to the apparent 17 winner by certified mail and the commissioner of each county 18 specified in the request by electronic mail. The commissioner 19 or state commissioner who initially received the request for a 20 recount shall also attempt to contact the apparent winner by 21 telephone. If the apparent winner cannot be reached within 22 four three days, the chairperson of the political party or 23 organization which nominated the apparent winner shall be 24 contacted and shall act on behalf of the apparent winner, 25 if necessary. For candidates for state or federal offices, 26 the chairperson of the state party shall be contacted. For 27 candidates for county offices, the county chairperson of the 28 party shall be contacted. 29 Sec. 6. Section 50.48, subsection 2, Code 2023, is amended 30 by adding the following new paragraph: 31 NEW PARAGRAPH . c. (1) Upon receipt of a written request 32 for a hand recount involving a state office, including a seat 33 in the general assembly, a seat in the United States Congress, 34 or electors for president or vice president, forwarded by 35 -5- LSB 1232XD (4) 90 ss/ns 5/ 16

S.F. _____ H.F. _____ the commissioner, the state commissioner shall verify that 1 each request for a recount for that office submitted by that 2 candidate included a request for a hand recount. For each 3 request that did not include a request for a hand recount, the 4 state commissioner shall assess a civil penalty of one hundred 5 dollars against the candidate, to be deposited in the general 6 fund of the state. The civil penalty shall first be deducted 7 from the bond filed by the candidate. 8 (2) Upon verification that a candidate for a state office, 9 including a seat in the general assembly, a seat in the United 10 States Congress, or electors for president or vice president, 11 submitted a written request for a hand recount in at least one 12 but not all counties, the state commissioner shall, within six 13 days following the county canvass of the election, inform each 14 commissioner to which a hand recount was not requested that a 15 hand recount shall be performed pursuant to this section. 16 Sec. 7. Section 50.48, subsections 3 and 4, Code 2023, 17 are amended by striking the subsections and inserting in lieu 18 thereof the following: 19 3. a. The recount shall be conducted by a board which shall 20 consist of one of the following: 21 (1) For a county with a population of fewer than fifteen 22 thousand according to the most recent federal decennial census, 23 all of the following: 24 (a) A designee of the candidate requesting the recount, 25 who shall be named in the written request when the request is 26 filed. 27 (b) A designee of the apparent winning candidate, who shall 28 be named by the candidate at or before the time the board is 29 required to convene. 30 (c) A member who is a precinct election official selected by 31 the chief judge of the judicial district in which the canvass 32 occurs at or before the time the board is required to convene. 33 (2) For a county with a population of at least fifteen 34 thousand but fewer than fifty thousand according to the most 35 -6- LSB 1232XD (4) 90 ss/ns 6/ 16

S.F. _____ H.F. _____ recent federal decennial census, all of the following: 1 (a) A designee of the candidate requesting the recount, 2 who shall be named in the written request when the request is 3 filed. 4 (b) A designee of the apparent winning candidate, who shall 5 be named by the candidate at or before the time the board is 6 required to convene. 7 (c) Three members who are precinct election officials 8 selected by the chief judge of the judicial district in which 9 the canvass occurs at or before the time the board is required 10 to convene. 11 (3) For a county with a population of fifty thousand or 12 greater, all of the following: 13 (a) Two designees of the candidate requesting the recount, 14 who shall be named in the written request when the request is 15 filed. 16 (b) Two designees of the apparent winning candidate, who 17 shall be named by the candidate at or before the time the board 18 is required to convene. 19 (c) Three members who are precinct election officials 20 selected by the chief judge of the judicial district in which 21 the canvass occurs at or before the time the board is required 22 to convene. 23 b. Members appointed to the recount board by the chief judge 24 shall be selected consistent with section 49.13, subsection 2, 25 for partisan offices and section 49.12 for nonpartisan offices. 26 c. The commissioner shall convene the persons designated 27 under paragraph “a” not later than 9:00 a.m. on the sixth 28 day following the county board’s canvass of the election in 29 question. 30 4. When all members of the recount board have been selected, 31 the board shall undertake and complete the required recount as 32 expeditiously as reasonably possible in the following manner: 33 a. The commissioner shall inform the board whether the 34 candidate has requested a hand recount. The commissioner 35 -7- LSB 1232XD (4) 90 ss/ns 7/ 16

S.F. _____ H.F. _____ or the commissioner’s designee shall supervise the handling 1 of ballots to ensure that the ballots are protected from 2 alteration or damage. 3 b. The board shall direct the commissioner to retabulate 4 the ballots using the automatic tabulating equipment. The same 5 program used for tabulating the votes on election day shall be 6 used at the recount unless the program is believed or known to 7 be flawed. 8 c. The board shall recount only the ballots which were voted 9 and counted for the office in question, including any disputed 10 ballots returned as required in section 50.5. 11 d. After retabulating the ballots as provided in paragraph 12 “b” , the board shall compare the printed results of the 13 tabulation equipment to the abstract prepared pursuant to the 14 county board’s canvass. The board shall note any discrepancies 15 between the two results. 16 e. If the candidate’s written request included a request 17 for a hand recount, the board shall separate the ballots into 18 piles: one for each candidate, one for write-in votes, and 19 one for ballots considered an over or under count. The board 20 shall review and tabulate the ballots in each pile as provided 21 in section 49.98. The board shall compare the hand recount 22 results to the printed results of the tabulation equipment and 23 the abstract. If there are discrepancies between the three 24 results, then the results of the hand recount shall control. 25 f. The ballots shall be resealed by the recount board before 26 adjournment and shall be preserved as required by section 27 50.12. 28 Sec. 8. Section 50.48, subsection 5, Code 2023, is amended 29 to read as follows: 30 5. a. At the conclusion of the recount, the recount board 31 shall make and file with the commissioner a written report of 32 its findings signed by a majority of the recount board. The 33 commissioner or commissioner’s designee may assist in compiling 34 the written report. The written report shall include a full 35 -8- LSB 1232XD (4) 90 ss/ns 8/ 16

S.F. _____ H.F. _____ tally and accounting of ballots reviewed by the recount board 1 and shall be reported as required by sections 50.24 and 53.20. 2 The written report must allow the commissioner to correct the 3 canvass of voters in the manner required by law, if applicable. 4 b. If the recount board’s report is that the abstracts 5 prepared pursuant to the county board’s canvass were incorrect 6 as to the number of votes cast for the candidates for the 7 office or nomination in question, in that county or district, 8 the commissioner shall at once so notify the county board. The 9 county board shall reconvene within three days after being so 10 notified , but no later than noon on the twenty-seventh day 11 following the election in question for a recount of the offices 12 of president and vice president , and shall correct its previous 13 proceedings. 14 c. The recount board shall complete the recount and file its 15 report as follows: 16 (1) For the offices of president and vice president, not 17 later than the seventeenth day following the county board’s 18 canvass of the election in question. 19 (2) For a state office, including a seat in the general 20 assembly, or a seat in the United States Congress, not later 21 than the twenty-first day following the county board’s canvass 22 of the election in question. 23 (3) For any other office, not later than the thirteenth 24 day following the county board’s canvass of the election in 25 question. 26 Sec. 9. Section 50.49, subsection 1, Code 2023, is amended 27 by striking the subsection and inserting in lieu thereof the 28 following: 29 1. a. A recount for any public measure shall be ordered 30 by the board of canvassers not later than two days after 31 the completion of the canvass of voters for the election if 32 a petition requesting a recount is filed with the county 33 commissioner of a county in which the question appeared on the 34 ballot. The petition for a recount shall indicate whether the 35 -9- LSB 1232XD (4) 90 ss/ns 9/ 16

S.F. _____ H.F. _____ recount shall be conducted only using automatic tabulating 1 equipment or by a hand recount following the use of automatic 2 tabulating equipment. If a petition requests a hand recount 3 in one county, the petition shall also request a hand recount 4 in each county in which the petition is filed. A petition must 5 be filed by the person submitting the petition in each county 6 in which the public measure appeared on the ballot. If the 7 petition is not filed by the person submitting the petition in 8 each county in which the public measure appeared on the ballot, 9 a recount shall not be conducted. 10 b. The petition must be signed by the greater of ten 11 eligible electors or a number of eligible electors equaling 12 one percent of the total number of votes cast upon the public 13 measure in the county. Each person signing the petition must 14 be a person who was entitled to vote on the public measure in 15 question or would have been so entitled if registered to vote. 16 c. Immediately upon receipt of a petition for a recount, 17 the commissioner shall send a copy of the petition to the 18 state commissioner by electronic mail. The state commissioner 19 shall confirm that a petition was filed in every county the 20 public measure appeared on the ballot prior to the convening of 21 the recount board. The state commissioner shall also verify 22 whether each petition for a recount included a request for 23 a hand recount. If the state commissioner verifies that a 24 petition included a request for a hand recount in at least one 25 but not all counties, the state commissioner shall, prior to 26 convening of the recount board, inform each commissioner at 27 which a hand recount was not requested that a hand recount 28 shall be performed. 29 Sec. 10. Section 50.49, subsection 2, paragraph b, Code 30 2023, is amended by striking the paragraph and inserting in 31 lieu thereof the following: 32 b. Two members who are precinct election officials selected 33 by the chief judge of the judicial district in which the 34 canvass occurs at or before the time the board is required to 35 -10- LSB 1232XD (4) 90 ss/ns 10/ 16

S.F. _____ H.F. _____ convene. The members shall be selected consistent with section 1 49.12. 2 Sec. 11. Section 50.49, subsection 2, paragraph c, Code 3 2023, is amended by striking the paragraph. 4 Sec. 12. Section 50.49, subsection 3, Code 2023, is amended 5 by striking the subsection and inserting in lieu thereof the 6 following: 7 3. The commissioner shall convene the recount board not 8 later than 9:00 a.m. on the sixth day following the county 9 board’s canvass of the election in question. 10 Sec. 13. Section 50.50, Code 2023, is amended to read as 11 follows: 12 50.50 Administrative recounts audits . 13 1. The commissioner who was responsible for conducting an 14 election may request an administrative recount audit when the 15 commissioner is informed or suspects that voting equipment used 16 in the election malfunctioned or that programming errors may 17 have affected the outcome of the election, or if the precinct 18 election officials report counting errors to the commissioner 19 after the conclusion of the canvass of votes in the precinct. 20 An administrative recount audit shall be conducted by the board 21 of the special precinct established by section 53.23 . Bond 22 shall not be required for an administrative recount. The 23 state commissioner may adopt rules for administrative recounts 24 audits . 25 2. If the recount board finds that there is an error 26 in the programming of any voting equipment which may have 27 affected the outcome of the election for any office or public 28 measure on the ballot, the recount board shall describe the 29 errors in its report to the commissioner. The commissioner 30 shall notify the board of supervisors. The supervisors shall 31 determine whether to order an administrative recount for any 32 or all of the offices and public measures on the ballot. Each 33 political party, as defined in section 43.2, may appoint up 34 to five observers to witness an audit conducted pursuant to 35 -11- LSB 1232XD (4) 90 ss/ns 11/ 16

S.F. _____ H.F. _____ this section. The observers shall be appointed by the county 1 chairperson or, if the county chairperson fails to make an 2 appointment, by the state chairperson. However, if either or 3 both political parties fail to appoint an observer, the board 4 may continue with the proceedings. 5 Sec. 14. Section 50.51, subsection 3, paragraph a, Code 6 2023, is amended by striking the paragraph. 7 Sec. 15. Section 60.2, Code 2023, is amended to read as 8 follows: 9 60.2 Clerk. 10 The secretary of state clerk of the supreme court shall be 11 the clerk of the court, or, in the secretary of state’s clerk 12 of the supreme court’s absence or inability to act, the clerk 13 of the supreme court secretary of state . 14 Sec. 16. Section 61.2, Code 2023, is amended to read as 15 follows: 16 61.2 Clerk. 17 The secretary of state clerk of the supreme court shall be 18 the clerk of this court ; but if the person holding that office 19 is a party to the contest, the clerk of the supreme court, or, 20 in case of that person’s absence or inability, the auditor of 21 state shall be clerk , or, in the clerk of the supreme court’s 22 absence or inability to act, the secretary of state. If the 23 person holding the office of secretary of state is a party to 24 the contest, the auditor of state shall be clerk . 25 Sec. 17. Section 260C.15, subsection 5, Code 2023, is 26 amended to read as follows: 27 5. The votes cast in the election shall be canvassed and 28 abstracts of the votes cast shall be certified as required by 29 section 277.20 . In each county whose commissioner of elections 30 is the controlling commissioner for a merged area under section 31 47.2 , the county board of supervisors shall convene on the 32 second Monday or Tuesday after the day of the election to 33 canvass the abstracts of votes cast from each county in the 34 merged area, and declare the results of the voting. The 35 -12- LSB 1232XD (4) 90 ss/ns 12/ 16

S.F. _____ H.F. _____ commissioner shall at once issue certificates of election to 1 each person declared elected, and shall certify to the merged 2 area board in substantially the manner prescribed by section 3 50.27 the result of the voting on any public question submitted 4 to the voters of the merged area. Members elected to the board 5 of directors of a merged area shall qualify by taking the oath 6 of office prescribed in section 277.28 . 7 Sec. 18. EFFECTIVE DATE. This Act, being deemed of 8 immediate importance, takes effect upon enactment. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to the conduct of election recounts. 13 The bill changes the composition of recount boards based 14 on the population of the county. For a county of fewer than 15 15,000, the board shall consist of a designee of the candidate 16 requesting the recount, a designee of the apparent winning 17 candidate, and a person who is a precinct election official 18 selected by the chief judge of the judicial district in which 19 the canvass occurs. For a county with a population between 20 15,000 and 49,999, the board shall consist of a designee of the 21 candidate requesting the recount, a designee of the apparent 22 winning candidate, and three persons who are precinct election 23 officials selected by the chief judge of the judicial district 24 in which the canvass occurs. For a county with a population 25 of 50,000 or greater, the board shall consist of two designees 26 of the candidate requesting the recount, two designees of the 27 apparent winning candidate, and three persons who are precinct 28 election officials selected by the chief judge of the judicial 29 district in which the canvass occurs. Members appointed by 30 the chief judge for the recount of a partisan election shall 31 not be comprised of more than one-third of persons who are not 32 members of either of the two political parties whose candidates 33 for president received the most or next-most votes at the last 34 general election for a partisan election and not more than a 35 -13- LSB 1232XD (4) 90 ss/ns 13/ 16

S.F. _____ H.F. _____ simple majority of members appointed by a chief judge shall be 1 from the same political party or organization. 2 The bill removes the first and second Monday after an 3 election as a possible date for canvassing an election. 4 The bill requires a county board of canvassers to order a 5 recount in all election districts in a county for a particular 6 office or nomination if a request for a recount is filed with 7 the commissioner of that county not later than 5:00 p.m. on the 8 second day following the board’s canvass of the election. The 9 bill requires the state commissioner of elections to order a 10 recount of the votes cast for a statewide office, a seat in 11 the United States Congress, or electors for president or vice 12 president, or nominations for such offices, in each county 13 specified in a written request if the request is filed with 14 the state commissioner not later than 5:00 p.m. on the second 15 day following the county canvass of the election in question. 16 A request for a recount shall indicate whether the recount 17 shall be conducted using only automated tabulating equipment 18 or by hand following the use of such equipment. If a candidate 19 requests a hand recount in one county, the bill requires the 20 candidate to request a hand recount in all counties in which 21 the candidate requests a recount. The state commissioner 22 of elections shall assess a civil penalty of $100 against a 23 candidate for each county in which the candidate was required 24 to request a hand recount but did not. The bill requires the 25 penalty to first be deducted from the recount bond paid by the 26 candidate and to be deposited in the general fund of the state. 27 The bill requires a recount board to be convened no later 28 than 9:00 a.m. on the sixth day following the canvass of 29 the election. The commissioner shall then inform the board 30 whether the candidate requested a hand recount. The board 31 shall direct the commissioner to retabulate the ballots using 32 the automatic tabulating equipment using the same program as 33 was used to tabulate the votes on election day unless the 34 program is believed or known to be flawed. The board shall 35 -14- LSB 1232XD (4) 90 ss/ns 14/ 16

S.F. _____ H.F. _____ recount only the ballots which were voted and counted for 1 the office in question, including disputed ballots. After 2 retabulating, the board shall compare the results to the 3 abstract prepared pursuant to the county board’s canvass and 4 note any discrepancies. If the candidate requested a hand 5 recount, the bill requires the ballots to be separated into 6 categories and tabulated. The board shall then compare the 7 results of the tabulation to the results of the canvass and the 8 automatic recount. If there are discrepancies, the results of 9 the hand recount shall control. The bill then requires the 10 board to reseal and preserve the ballots. 11 At the conclusion of the recount, the bill requires the board 12 to make and file with the county commissioner of elections a 13 report of its findings, signed by a majority of the board. 14 The bill requires a recount board to include in its written 15 report following the conclusion of a recount a full tally 16 and accounting of ballots reviewed by the board. The report 17 must allow the county commissioner of elections to correct the 18 canvass of votes in the manner required by law, if applicable. 19 The board shall file its report by 17 days after the canvass of 20 an election for the offices of president and vice president, 21 by 21 days after the canvass of an election for a state office 22 or a seat in the United States Congress, and by 13 days after 23 the canvass of any other election. The bill also requires 24 the county board of elections to reconvene no later than 27 25 days following a presidential election to correct any errors 26 identified by the recount board. 27 The bill requires a petition for a recount of an election 28 for a public measure to be submitted not later than two days 29 following the canvass of the votes for the measure rather 30 than three days. The bill changes the makeup of the recount 31 board for a public measure by removing a designee named by the 32 commissioner and a person jointly selected by that person and 33 a designee named in the petition requesting the recount and 34 replacing them with two election officials selected by the 35 -15- LSB 1232XD (4) 90 ss/ns 15/ 16

S.F. _____ H.F. _____ chief judge of the judicial district where the canvass occurs. 1 The commissioner shall convene the recount board not later than 2 9:00 a.m. on the sixth day following the county board’s canvass 3 of the election in question. 4 Under current law, a county commissioner of elections may 5 conduct an administrative recount if the commissioner suspects 6 that voting equipment used in the election malfunctioned or 7 that programming errors may have affected the outcome of the 8 election, or if the precinct election officials report counting 9 errors to the commissioner. The bill instead allows the county 10 commissioner of elections to conduct an administrative audit if 11 such circumstances exist. The bill allows political parties, 12 as defined in Code, to appoint observers to witness the audit. 13 The bill changes the clerk of a court of contest for 14 presidential electors and congresspersons from the secretary 15 of state to the clerk of the supreme court. If the clerk of 16 the supreme court is absent or unable to act, the secretary of 17 state shall be the clerk of the court. For elections for state 18 officers, the bill changes the clerk of a contest court to the 19 clerk of the supreme court. If the clerk of the supreme court 20 is absent or unable to act, the secretary of state shall be the 21 clerk of the court. However, if the secretary of state is a 22 party to the contest, the auditor of state shall be the clerk 23 of the court. 24 The bill takes effect upon enactment. 25 -16- LSB 1232XD (4) 90 ss/ns 16/ 16