Sec. 9-445. Recanvass on close vote.
Sec. 9-445. Recanvass on close vote. Forthwith after a primary for nomination to
a municipal office or for election of members of a town committee, or forthwith upon
tabulation of the vote for a state or district office by the Secretary of the State when the
plurality of an elected or nominated candidate over the vote for a defeated candidate
receiving the next highest number of votes was either (1) less than a vote equivalent to
one-half of one per cent of the total number of votes cast at the primary for the office
or position but not more than one thousand votes, or (2) less than twenty votes, there
shall be a recanvass of the returns of the voting machine or voting machines used in
such primary for said office or position unless within one day after the primary, in the
case of nomination to a municipal office or for election of members of a town committee,
or prior to the time the Secretary of the State notifies the town clerk of state and district
offices which qualify for an automatic recanvass, the defeated candidate or defeated
candidates, as the case may be, for such office or position file a written statement waiving
this right to such recanvass with the municipal clerk in the case of a municipal office
or town committee, or with the Secretary of the State in the case of a state or district
office. In the case of a state or district office, the Secretary of the State upon tabulation
of the votes for such an office shall notify the town clerks in the state or district, as the
case may be, of the state and district offices which qualify for an automatic recanvass
and shall also notify each candidate for any such office. When a recanvass is to be held
the municipal clerk shall promptly notify the moderator, as defined in section 9-311,
who shall proceed forthwith to recanvass such returns of the office in question in the
same manner as is provided for a recanvass in regular elections, except that the recanvass
officials shall be divided equally, as nearly as may be, among the candidates for such
office. In addition to the notice required under section 9-311, the moderator shall, before
such recanvass is made, give notice in writing of the time and place of such recanvass
to each candidate for a municipal office which qualifies for an automatic recanvass
under this section. For purposes of this section, "the total number of votes cast at the
primary for the office or position" means in the case of multiple openings for the same
office or position, the total number of electors checked as having voted in the primary,
in the state, district, municipality or political subdivision, as the case may be. When a
recanvass of the returns for an office for which there are multiple openings is required
by the provisions of this section, the returns for all candidates for all openings for the
office shall be recanvassed. Nothing in this section shall preclude the right to judicial
proceedings in behalf of such defeated candidate under any provision of this chapter.
(1963, P.A. 225, S. 1; 1969, P.A. 694, S. 16; 1971, P.A. 542, S. 2; P.A. 80-281, S. 29, 31; P.A. 84-319, S. 40, 49; P.A.
03-241, S. 49.)
History: 1969 act substituted "an elected or nominated candidate" for "candidate receiving highest number of votes"
and added application of section to elections of members of a town committee or delegates to a convention; 1971 act
deleted time limit of "within five days" and substituted therefor "forthwith", provided for automatic recanvass where votes
are within the limits prescribed unless waived in writing by defeated candidates and deleted provision for successful
candidate to apply for recanvass in any other municipality within which the primary was held when defeated candidate or
chairman applied for a recanvass; P.A. 80-281 provided for determining application of section where multiple openings
for the same office or position are involved and that where such a recanvass is applicable the returns for all candidates for
all openings of the office are recanvassed; P.A. 84-319 amended section to provide uniformity in recanvass procedures
for primaries and elections; P.A. 03-241 removed convention delegates from application of section, effective January 1,
2004, and applicable to primaries and elections held on or after that date.