§ 17-19-37.3 Recount eligibility –Ballot questions and other offices. – (1) A person, group or organization of "recognized standing" regarding a ballotquestion, as determined by the board of elections, may request a recount of thevotes cast on the ballot question pursuant to the following:
(a) The person, group or organization may request a recountof the votes cast at each precinct by re-reading the programmed memory deviceor devices and comparing the results and totals obtained at such recount withthe results and totals obtained on election night, provided that for thoseballot questions where less than one hundred thousand (100,000) votes are castthe difference between the approval or rejection of the question shall be bytwo percent (2%) or less; and, for those ballot questions where one hundredthousand (100,000) or more votes are cast the difference between the approvalor rejection of the question shall be by one percent (1%) or less. If, aftersaid recount, the difference between the approval or rejection of the ballotquestion shall be less than one-half of one percent (1/2%) or five hundred(500) votes, whichever is less, the petitioner may request a recount pursuantto subsection (1)(b) of this section.
(b) The person, group or organization may request a recountof the votes cast at each precinct by a manual re-feeding of the computerballots are cast into the optical scan voting equipment if the differencebetween the approval and rejection of the ballot question shall be by less thanone-half of one percent (1/2%) or five hundred (500) votes, whichever is less.
(c) For the purpose of determining recount eligibility forballot questions, as prescribed in subsections (1)(a) and (b) of this section,only the total number of votes cast as "approve" and "reject" for said questionshall be included.
(2) A candidate for any office other than a public officeshall be eligible to request a recount of the votes cast in his or her racepursuant to the following:
(a) In those races in which a single candidate is elected acandidate who trails the winning candidate by less than two percent (2%) or onehundred (100) votes, whichever is less, may request 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.
(ii) For the purpose of determining recount eligibility, asprescribed in subsection (2)(a)(i) of this section, the number of votes cast ina race shall include the votes cast for candidates and irregular ballots castpursuant to § 17-19-31.
(b) In those races in which more than one but less than eight(8) candidates are elected a candidate who trails the winning candidate by lessthan one percent (1%) or twenty-five (25) votes, whichever is less, may requesta recount of the votes cast at each precinct by re-reading the programmedmemory device or devices and comparing the results and totals obtained at suchrecount with the results and totals obtained on election night.
(c) In those races in which more eight (8) or more candidatesare elected a candidate who trails the winning candidate by less than one-halfof one percent (1/2%) or twenty-five (25) votes, whichever is less, may requesta recount of the votes cast at each precinct by re-reading the programmedmemory device or devices and comparing the results and totals obtained at suchrecount with the results and totals obtained on election night.
(d) For the purpose of determining recount eligibility, asprescribed in subsections (2)(b) and (c) 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.
The state board shall have the authority to adopt rules andregulations to implement and administer the provisions of this section.
§ 17-19-37.3 Recount eligibility –Ballot questions and other offices. – (1) A person, group or organization of "recognized standing" regarding a ballotquestion, as determined by the board of elections, may request a recount of thevotes cast on the ballot question pursuant to the following:
(a) The person, group or organization may request a recountof the votes cast at each precinct by re-reading the programmed memory deviceor devices and comparing the results and totals obtained at such recount withthe results and totals obtained on election night, provided that for thoseballot questions where less than one hundred thousand (100,000) votes are castthe difference between the approval or rejection of the question shall be bytwo percent (2%) or less; and, for those ballot questions where one hundredthousand (100,000) or more votes are cast the difference between the approvalor rejection of the question shall be by one percent (1%) or less. If, aftersaid recount, the difference between the approval or rejection of the ballotquestion shall be less than one-half of one percent (1/2%) or five hundred(500) votes, whichever is less, the petitioner may request a recount pursuantto subsection (1)(b) of this section.
(b) The person, group or organization may request a recountof the votes cast at each precinct by a manual re-feeding of the computerballots are cast into the optical scan voting equipment if the differencebetween the approval and rejection of the ballot question shall be by less thanone-half of one percent (1/2%) or five hundred (500) votes, whichever is less.
(c) For the purpose of determining recount eligibility forballot questions, as prescribed in subsections (1)(a) and (b) of this section,only the total number of votes cast as "approve" and "reject" for said questionshall be included.
(2) A candidate for any office other than a public officeshall be eligible to request a recount of the votes cast in his or her racepursuant to the following:
(a) In those races in which a single candidate is elected acandidate who trails the winning candidate by less than two percent (2%) or onehundred (100) votes, whichever is less, may request 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.
(ii) For the purpose of determining recount eligibility, asprescribed in subsection (2)(a)(i) of this section, the number of votes cast ina race shall include the votes cast for candidates and irregular ballots castpursuant to § 17-19-31.
(b) In those races in which more than one but less than eight(8) candidates are elected a candidate who trails the winning candidate by lessthan one percent (1%) or twenty-five (25) votes, whichever is less, may requesta recount of the votes cast at each precinct by re-reading the programmedmemory device or devices and comparing the results and totals obtained at suchrecount with the results and totals obtained on election night.
(c) In those races in which more eight (8) or more candidatesare elected a candidate who trails the winning candidate by less than one-halfof one percent (1/2%) or twenty-five (25) votes, whichever is less, may requesta recount of the votes cast at each precinct by re-reading the programmedmemory device or devices and comparing the results and totals obtained at suchrecount with the results and totals obtained on election night.
(d) For the purpose of determining recount eligibility, asprescribed in subsections (2)(b) and (c) 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.
The state board shall have the authority to adopt rules andregulations to implement and administer the provisions of this section.
§ 17-19-37.3 Recount eligibility –Ballot questions and other offices. – (1) A person, group or organization of "recognized standing" regarding a ballotquestion, as determined by the board of elections, may request a recount of thevotes cast on the ballot question pursuant to the following:
(a) The person, group or organization may request a recountof the votes cast at each precinct by re-reading the programmed memory deviceor devices and comparing the results and totals obtained at such recount withthe results and totals obtained on election night, provided that for thoseballot questions where less than one hundred thousand (100,000) votes are castthe difference between the approval or rejection of the question shall be bytwo percent (2%) or less; and, for those ballot questions where one hundredthousand (100,000) or more votes are cast the difference between the approvalor rejection of the question shall be by one percent (1%) or less. If, aftersaid recount, the difference between the approval or rejection of the ballotquestion shall be less than one-half of one percent (1/2%) or five hundred(500) votes, whichever is less, the petitioner may request a recount pursuantto subsection (1)(b) of this section.
(b) The person, group or organization may request a recountof the votes cast at each precinct by a manual re-feeding of the computerballots are cast into the optical scan voting equipment if the differencebetween the approval and rejection of the ballot question shall be by less thanone-half of one percent (1/2%) or five hundred (500) votes, whichever is less.
(c) For the purpose of determining recount eligibility forballot questions, as prescribed in subsections (1)(a) and (b) of this section,only the total number of votes cast as "approve" and "reject" for said questionshall be included.
(2) A candidate for any office other than a public officeshall be eligible to request a recount of the votes cast in his or her racepursuant to the following:
(a) In those races in which a single candidate is elected acandidate who trails the winning candidate by less than two percent (2%) or onehundred (100) votes, whichever is less, may request 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.
(ii) For the purpose of determining recount eligibility, asprescribed in subsection (2)(a)(i) of this section, the number of votes cast ina race shall include the votes cast for candidates and irregular ballots castpursuant to § 17-19-31.
(b) In those races in which more than one but less than eight(8) candidates are elected a candidate who trails the winning candidate by lessthan one percent (1%) or twenty-five (25) votes, whichever is less, may requesta recount of the votes cast at each precinct by re-reading the programmedmemory device or devices and comparing the results and totals obtained at suchrecount with the results and totals obtained on election night.
(c) In those races in which more eight (8) or more candidatesare elected a candidate who trails the winning candidate by less than one-halfof one percent (1/2%) or twenty-five (25) votes, whichever is less, may requesta recount of the votes cast at each precinct by re-reading the programmedmemory device or devices and comparing the results and totals obtained at suchrecount with the results and totals obtained on election night.
(d) For the purpose of determining recount eligibility, asprescribed in subsections (2)(b) and (c) 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.
The state board shall have the authority to adopt rules andregulations to implement and administer the provisions of this section.
