115.583. Recount of votes ordered, when.

Recount of votes ordered, when.

115.583. If the court or legislative body hearing a contestfinds there is a prima facie showing of irregularities whichplace the result of any contested election in doubt, the court orlegislative body shall order a recount of all votes brought inquestion by the petition or its answer. Where the issue is drawnover the validity of certain votes cast, a prima facie case ismade if the validity of a number of votes equal to or greaterthan the margin of defeat is placed in doubt. The court orlegislative body may order a recount of all votes brought inquestion by the petition or its answer at any time if it findsthat the election result is placed in doubt. All materials andrecords relating to the contested election may be subpoenaed, andall information contained therein shall be subject to the rulesof discovery in civil cases. During a recount, the court mayhear additional evidence offered by any party bearing on anyissue relating to the contested election.

(L. 1977 H.B. 101 § 13.400)

Effective 1-1-78