§ 17-19-37.1 Recount eligibility –Candidates for public office. – A candidate for election or nomination for election to public office shall beeligible to request a recount of the votes cast in his or her race pursuant tothe following:
(1) In those races in which a single candidate is elected acandidate who trails the winning candidate may request a recount of the votescast at each precinct by a manual re-feeding of the computer ballots cast insaid race into the optical scan voting equipment provided that the candidateshall trail the winning candidate by less than the following number of votes:
(a) In those races where the number of votes cast is lessthan or equal to twenty thousand (20,000) the candidate requesting the recountshall trail the winning candidate by two percent (2%) or two hundred (200)votes, whichever is less; in those races where the number of votes cast isbetween twenty thousand one (20,001) and one hundred thousand (100,000) thecandidate requesting the recount shall trail the winning candidate by onepercent (1%) or five hundred (500) votes, whichever is less; and, in thoseraces where more than one hundred thousand (100,000) votes are cast thecandidate requesting the recount shall trail the winning candidate by one-halfof one percent (1/2%) or one thousand five hundred (1,500) votes, whichever isless.
(b) For the purpose of determining recount eligibility, asprescribed in subsections (1)(a) and (3) of this section, the number of votescast in a race shall include the votes cast for candidates and irregularballots cast pursuant to § 17-19-31.
(2) In those races in which more than one candidate iselected a candidate who trails the winning candidate may request a recount ofthe votes cast at each precinct by a manual re-feeding of the computer ballotscast in said race into the optical scan voting equipment provided that thecandidate shall trail the winning candidate by less than the following numberof votes:
(a) In those races where the number of votes cast is lessthan or equal to five thousand (5,000) the candidate requesting the recountshall trail the winning candidate by two percent (2%) or fifty (50) votes,whichever is less; in those races where the number of votes cast is betweenfive thousand one (5,001) and twenty thousand (20,000) the candidate requestingthe recount shall trail the winning candidate by one percent (1%) or onehundred (100) votes, whichever is less; and in those races where more thantwenty thousand (20,000) votes are cast the candidate requesting the recountshall trail the winning candidate by one-half of one percent (1/2%) or onehundred fifty (150) votes, whichever is less.
(b) For the purpose of determining recount eligibility, asprescribed in subsections (2)(a) and (3) of this section, the total number ofvotes cast in a race shall be determined by dividing the total number of voteseligible to be cast in the race by the number of candidates for whom each voterwas eligible to cast votes.
(3) Notwithstanding the requirements of subsections (1)(a)and (2)(a) of this section, a candidate who trails the winning candidate byfive percent (5%) or less, but more than the minimum percentage or number ofvotes as required in subsections (1)(a) or (2)(a) of this section, asapplicable, may petition the state board to conduct a recount of the votes castat each precinct by re-reading the programmed memory device or devices andcomparing the results and totals obtained at such recount with the results andtotals obtained on election night. If, after said recount, a candidate shalltrail the winning candidate by less than the number of votes prescribed insubsection (1)(a) or (2)(a) of this section, as the case may be, the candidatemay request a recount of the votes cast at each precinct to subsection (1)(a)or (2)(a) of this section, as is applicable.
The state board shall have the authority to adopt rules andregulations to implement and administer the provisions of this section.
§ 17-19-37.1 Recount eligibility –Candidates for public office. – A candidate for election or nomination for election to public office shall beeligible to request a recount of the votes cast in his or her race pursuant tothe following:
(1) In those races in which a single candidate is elected acandidate who trails the winning candidate may request a recount of the votescast at each precinct by a manual re-feeding of the computer ballots cast insaid race into the optical scan voting equipment provided that the candidateshall trail the winning candidate by less than the following number of votes:
(a) In those races where the number of votes cast is lessthan or equal to twenty thousand (20,000) the candidate requesting the recountshall trail the winning candidate by two percent (2%) or two hundred (200)votes, whichever is less; in those races where the number of votes cast isbetween twenty thousand one (20,001) and one hundred thousand (100,000) thecandidate requesting the recount shall trail the winning candidate by onepercent (1%) or five hundred (500) votes, whichever is less; and, in thoseraces where more than one hundred thousand (100,000) votes are cast thecandidate requesting the recount shall trail the winning candidate by one-halfof one percent (1/2%) or one thousand five hundred (1,500) votes, whichever isless.
(b) For the purpose of determining recount eligibility, asprescribed in subsections (1)(a) and (3) of this section, the number of votescast in a race shall include the votes cast for candidates and irregularballots cast pursuant to § 17-19-31.
(2) In those races in which more than one candidate iselected a candidate who trails the winning candidate may request a recount ofthe votes cast at each precinct by a manual re-feeding of the computer ballotscast in said race into the optical scan voting equipment provided that thecandidate shall trail the winning candidate by less than the following numberof votes:
(a) In those races where the number of votes cast is lessthan or equal to five thousand (5,000) the candidate requesting the recountshall trail the winning candidate by two percent (2%) or fifty (50) votes,whichever is less; in those races where the number of votes cast is betweenfive thousand one (5,001) and twenty thousand (20,000) the candidate requestingthe recount shall trail the winning candidate by one percent (1%) or onehundred (100) votes, whichever is less; and in those races where more thantwenty thousand (20,000) votes are cast the candidate requesting the recountshall trail the winning candidate by one-half of one percent (1/2%) or onehundred fifty (150) votes, whichever is less.
(b) For the purpose of determining recount eligibility, asprescribed in subsections (2)(a) and (3) of this section, the total number ofvotes cast in a race shall be determined by dividing the total number of voteseligible to be cast in the race by the number of candidates for whom each voterwas eligible to cast votes.
(3) Notwithstanding the requirements of subsections (1)(a)and (2)(a) of this section, a candidate who trails the winning candidate byfive percent (5%) or less, but more than the minimum percentage or number ofvotes as required in subsections (1)(a) or (2)(a) of this section, asapplicable, may petition the state board to conduct a recount of the votes castat each precinct by re-reading the programmed memory device or devices andcomparing the results and totals obtained at such recount with the results andtotals obtained on election night. If, after said recount, a candidate shalltrail the winning candidate by less than the number of votes prescribed insubsection (1)(a) or (2)(a) of this section, as the case may be, the candidatemay request a recount of the votes cast at each precinct to subsection (1)(a)or (2)(a) of this section, as is applicable.
The state board shall have the authority to adopt rules andregulations to implement and administer the provisions of this section.
§ 17-19-37.1 Recount eligibility –Candidates for public office. – A candidate for election or nomination for election to public office shall beeligible to request a recount of the votes cast in his or her race pursuant tothe following:
(1) In those races in which a single candidate is elected acandidate who trails the winning candidate may request a recount of the votescast at each precinct by a manual re-feeding of the computer ballots cast insaid race into the optical scan voting equipment provided that the candidateshall trail the winning candidate by less than the following number of votes:
(a) In those races where the number of votes cast is lessthan or equal to twenty thousand (20,000) the candidate requesting the recountshall trail the winning candidate by two percent (2%) or two hundred (200)votes, whichever is less; in those races where the number of votes cast isbetween twenty thousand one (20,001) and one hundred thousand (100,000) thecandidate requesting the recount shall trail the winning candidate by onepercent (1%) or five hundred (500) votes, whichever is less; and, in thoseraces where more than one hundred thousand (100,000) votes are cast thecandidate requesting the recount shall trail the winning candidate by one-halfof one percent (1/2%) or one thousand five hundred (1,500) votes, whichever isless.
(b) For the purpose of determining recount eligibility, asprescribed in subsections (1)(a) and (3) of this section, the number of votescast in a race shall include the votes cast for candidates and irregularballots cast pursuant to § 17-19-31.
(2) In those races in which more than one candidate iselected a candidate who trails the winning candidate may request a recount ofthe votes cast at each precinct by a manual re-feeding of the computer ballotscast in said race into the optical scan voting equipment provided that thecandidate shall trail the winning candidate by less than the following numberof votes:
(a) In those races where the number of votes cast is lessthan or equal to five thousand (5,000) the candidate requesting the recountshall trail the winning candidate by two percent (2%) or fifty (50) votes,whichever is less; in those races where the number of votes cast is betweenfive thousand one (5,001) and twenty thousand (20,000) the candidate requestingthe recount shall trail the winning candidate by one percent (1%) or onehundred (100) votes, whichever is less; and in those races where more thantwenty thousand (20,000) votes are cast the candidate requesting the recountshall trail the winning candidate by one-half of one percent (1/2%) or onehundred fifty (150) votes, whichever is less.
(b) For the purpose of determining recount eligibility, asprescribed in subsections (2)(a) and (3) of this section, the total number ofvotes cast in a race shall be determined by dividing the total number of voteseligible to be cast in the race by the number of candidates for whom each voterwas eligible to cast votes.
(3) Notwithstanding the requirements of subsections (1)(a)and (2)(a) of this section, a candidate who trails the winning candidate byfive percent (5%) or less, but more than the minimum percentage or number ofvotes as required in subsections (1)(a) or (2)(a) of this section, asapplicable, may petition the state board to conduct a recount of the votes castat each precinct by re-reading the programmed memory device or devices andcomparing the results and totals obtained at such recount with the results andtotals obtained on election night. If, after said recount, a candidate shalltrail the winning candidate by less than the number of votes prescribed insubsection (1)(a) or (2)(a) of this section, as the case may be, the candidatemay request a recount of the votes cast at each precinct to subsection (1)(a)or (2)(a) of this section, as is applicable.
The state board shall have the authority to adopt rules andregulations to implement and administer the provisions of this section.
