25-3107. Procedure for canvass by county board; recount, when; recount procedure; payment of costs.
25-3107
25-3107. Procedure for canvass by county board;recount, when; recountprocedure; payment of costs.(a) At the time of commencement of any canvass by the county board ofcanvassers the county election officer shall present to the county boardof canvassers the preliminary abstracts of election returns, togetherwith the ballots and records returned by the election boards. The countyboard of canvassers shall inspect and check the records presented by thecounty election officer and shall hear any questions which the countyelection officer believes appropriate for determination of the board.The county board of canvassers shall do what is necessary to obtain an accurateand just canvass of the election andshall finalize the preliminary abstract of election returns bymaking any needed changes, and certifying itsauthenticity and accuracy. Thecertification of the county board of canvassers shall be attested by thecounty election officer. Neither the county board of canvassers nor the countyelection officer shall open or unseal sacks or envelopes of ballots,except as is required by K.S.A. 25-409, 25-1136 and 25-1337, and amendmentsthereto, or other specific provisionof law or as is authorized to carry out a recount under subsection (b).
(b) If a majority of the members of the county board of canvassersshall determine that there are manifest errors appearing on the face ofthe poll books of any election board, which might make a difference inthe result of any election, or if any candidate shall request therecount of the ballots cast in all or in only specified voting areas forthe office for which such person is a candidate, or if any registeredelector who cast a ballot in a question submitted election requests a recountin all or only specified voting areas to determine the result of the election,the county board ofcanvassers shall cause a special election boardappointed by the county election officer to meet under thesupervision of the county election officer and recount the ballots withrespect to any office or question submitted specified bythe county board ofcanvassers or requested by such candidate or elector.If a recount is required in a county that uses optical scanning systemsas defined in K.S.A. 25-4601 et seq., and amendments thereto,or electronic orelectromechanical voting systems, as defined in K.S.A. 25-4401, and amendmentsthereto,the method ofconducting the recount shall be at the discretion of the person requesting suchrecount.The county electionofficer shall not be a member of such special election board. Before thespecialelection board meets to recount the ballots upon a properly filed request,the party who makes the request shallfile with the county election officer a bond, withsecurity to be approved by the county or district attorney, conditionedto pay all costs incurred by the county in making suchrecount. In the event that the candidate requesting the recount isdeclared the winner of the election as a result of therecount, or if as a result of the recount a question submitted is overturned,no action shall be taken on the person's bond and the countyshall bear the costs incurred for the recount. Any recountmustbe requested in writing and filed with the county electionofficernot later than 12:00 noon on the Monday following the election or, if thecanvass is held on Monday, not later than 5:00 p.m. on the Tuesday nextfollowing the election. The requestshall specify which voting areas are to be recounted. The county electionofficer shall immediately notify any candidate involved in the election forwhich such recount is requested, or shall notify the county chairperson of eachcandidate's party. Any such recountshall be initiated not later than the following day and shall be completednot later than 5:00 p.m. on Friday of such week or, if the recountrequest is made on the Tuesday after the electionbecause of a Monday canvass, not later than 5:00 p.m. the next followingMonday. Upon completion of anyrecount underthis subsection, the election board shall package and reseal theballots as provided by law and the county board of canvassers shallcomplete its canvass. The members of the specialelection boardshall be paid as prescribed in K.S.A. 25-2811 and amendments thereto for timeactually spent making the recount.
(c) (1) The provisions of this subsection shall apply to candidates atany election for:
(A) Any state or national office elected on a statewide basis;
(B) the office of president or vice president of the United States;
(C) the office of members of United States house of representatives;
(D) office of members of state senate or house of representative whosedistrict is located in two or more counties; and
(E) office of members of state board of education.
(2) Any candidate mayrequest a recount in one or more counties. Any such recount must be requestedin writing and filed with the secretary of state not later than 12:00 noon onthe Monday following the election or, if the canvass in one ormore counties in the district is held onMonday, not later than 5:00 p.m. on the Tuesday next following the election.The request shall specify which counties are to berecounted. If a recount is required in a county that uses optical scanningsystems as defined in K.S.A. 25-4601, and amendments thereto, or electronic orelectromechanical voting systems, as defined in K.S.A. 25-4401, and amendmentsthereto, the method of conducting the recount shall be at the discretion of theperson requesting such recount. Except as provided by this subsection andsubsection (d), the person requesting the recount shall file with the secretaryof state a bond, with security to be approved by the secretary of state,conditioned to pay all costs incurred by the counties and the secretary ofstate in making such recount. The amount of the bond shall be determined by thesecretary of state.A candidate described in paragraphs (D) and (E) of subsection (c)(1) may posta bond as provided by subsection (b) in lieu of the bond required by thissubsection.In the event that the candidate requesting the recount isdeclared the winner of the election as a result of the recount, no action shallbe taken on the candidate's bond and the counties shall bear the costs incurredfor therecount.
(3) The secretary of state immediately shall notify each countyelection officer affected by the recount and any candidate involved in theelection for which such recount is requested. If the candidate cannot bereached, then the secretary of state shall notify the state chairperson of suchcandidate's party. Any such recount shall be conducted under the supervision ofthe county election officers at the direction of the secretary of state, andshall be initiated not later than the following day and shall be completed notlater than 5:00 p.m. on Friday of such week or, if therequest is made on the Tuesday after the election because of a Monday canvass,not later than 5:00 p.m. on the next following Monday. Each countyelection officerinvolved in the recount shall appoint a special election board to recount theballots. The members of the special election board shall be paid as prescribedin K.S.A. 25-2811 and amendments thereto for time actually spent making therecount. Upon completion of any recount under this subsection, the specialelection board in each county shall package and reseal the ballots as providedby law and the county board of canvassers shall complete its canvass.The county election officer in each county immediately shall certify theresults of the recount to the secretary of state.
(d) (1) The provisions of this subsection shall apply to candidates atgeneral elections for:
(A) Any state or national office elected on a statewide basis;
(B) the office of president or vice president of the United States;
(C) the office of members of United States house of representatives;
(D) office of members of state senate or house of representative; and
(E) office of members of state board of education.
(2) Whenever the election returns reflect that a candidate for office wasdefeated byone-half of one percent or less of the total number of votes cast and if suchcandidate requests a recount in one or more counties of the ballots, the stateshall bear the cost of any recount performed using the method by which suchballots were counted originally.
(3) Not later than 60 days following a recount conducted pursuant to thissubsection, the board of county commissioners of each county in which therecount occurred shall certify to the secretary of state the amount of allnecessary direct expenses incurred by the county.Payment for such expenses shall be made to the countytreasurer of the county upon warrants of the director of accounts andreports pursuant to vouchers approved by the secretary of state. Uponreceipt of such payment and reimbursements, the county treasurer shalldeposit the entireamount thereof in the county election fund, if there is one and if thereis not then to the county general fund.
(4) The secretary of state, with the advice of the director of accounts andreports, shall determine the correctness of each amount certified underthis section and adjust any discrepancies discovered before approving vouchersfor payment to any county.
History: L. 1968, ch. 406, § 46;L. 1969, ch. 194, § 1;L. 1970, ch. 146, § 1;L. 1972, ch. 132, § 8;L. 1975, ch. 206, § 3;L. 1978, ch. 143, § 1;L. 1982, ch. 160, § 1;L. 1984, ch. 143, § 1;L. 1987, ch. 128, § 1;L. 1995, ch. 192, § 6;L. 2001, ch. 124, § 1;L. 2002, ch. 130, § 2; July 1.