115.585. Recounts, how conducted.
Recounts, how conducted.
115.585. 1. Whenever a recount is ordered pursuant tosection 115.583 or 115.601, the court or legislative body tryingthe contest shall issue a writ to each election authorityresponsible for conducting the election in any area in which analleged irregularity occurred, commanding the election authorityto prepare its office and all records and materials relating tothe contested election for the recount. Such writ shall beserved immediately on the election authority by the sheriff ofthe county. Upon receipt of a writ, each election authorityshall set a day, not more than twenty days after receiving thewrit, on which it will have its office and all records andmaterials relating to the contested election prepared.Immediately upon setting the day, the election authority shallsend by certified or registered mail a notice to the court orlegislative body issuing the writ. The notice shall set forththe day selected by the election authority for the recount.
2. Whenever a recount is ordered pursuant to section115.583, the court or legislative body shall have authority topass upon the form and determine the legality of the votesbrought into question and to determine the qualifications of anyvoter whose vote is brought into question, provided that the nameof a voter upon a precinct register for the polling place shallbe prima facie evidence of the proper qualifications of thevoter. A comparison may be made between the signatures on theidentification certificates and those which appear in theprecinct registers, and no votes shall be counted except thevotes of registered voters and those entitled to vote as providedin subsection 2 of section 115.137 and section 115.277 withoutbeing registered. No votes of any person found by the court tobe unqualified to vote at the election shall be counted.
3. Whenever a recount of votes cast on paper ballots isordered pursuant to section 115.583 or 115.601, the court orlegislative body shall proceed to open and count the votes and,after the count has been completed, shall tabulate by votingdistrict the votes cast for the contestant and the contestee.
4. Whenever a recount of votes cast on any voting machineis ordered pursuant to section 115.583 or 115.601, the court orlegislative body shall make visible the registering counters ofthe machine and, without unlocking the machine against voting,shall record the votes cast on the machine.
5. Whenever a recount of votes cast on ballot cards isordered pursuant to section 115.583 or 115.601, the court orlegislative body shall supervise a test of the automatictabulating equipment conducted in the manner provided in section115.233 and shall cause the votes to be recounted automatically,or may order a hand count of the votes. In its discretion, thecourt or legislative body may order a new computer program to bemade, which shall be tested in the manner provided in section115.233 before the votes in question are recounted automatically.
(L. 1977 H.B. 101 § 13.410, A.L. 1993 S.B. 31)