§ 31.07. Recounts  

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  • (a) Required recounts. A candidate eliminated in the final round of counting may request a recount of the votes cast for the election to that office if the difference between the vote total in the final round of counting for that candidate and for a winning candidate is less than one-quarter (¼) of one (1) percent of the total votes counted for that office.

    (1) Candidates shall file a written request for the recount with the city clerk. All requests shall be filed during the time for notice of contest of the election for which a recount is sought.

    (2) Upon receipt of a written request, the city shall recount the votes for a municipal office at the expense of the city.

    (b) Discretionary candidate recounts. Candidates eliminated in the final round of counting when the vote difference is greater than the difference required by section 31.07(a), and candidates eliminated in an earlier round of counting, may request a recount in the manner provided in this section at the candidate's own expense. A recount for a candidate eliminated before the final round of counting must continue only to the point that the candidate is eliminated. The votes shall be recounted as provided in this section if the requesting candidate files with the city clerk a bond, cash, or surety in an amount set by the city for payment of the recount expenses before the recount begins.

    (c) Notice of contest. Time for notice of contest of election to a municipal office which is recounted as provided in this section shall begin to run upon certification of the results by the governing body of the municipality.

    (d) Scope of recount. A recount conducted as provided in this section is limited in scope to the determination of the number of votes validly cast for the office to be recounted. Only the ballots cast in the election and summary statements certified by the election judges may be considered in the recount process.

    (e) Challenges during recount. Challenges that occur during a recount of the results of the election may take place only during the process in which ballots are separated into piles by candidate.

    (f) Waiver of recount A candidate who requests a recount may waive the recount at any time.

(Ord. No. 10-60, § 1, 2-9-11)