2-17-117 - Circumstances justifying recount Determining procedure for recount.
2-17-117. Circumstances justifying recount Determining procedure for recount.
(a) Any court, primary board, legislative body, or tribunal having jurisdiction of an election contest pursuant to this chapter may order a recount of the ballots under any of the following circumstances:
(1) A tie vote;
(2) An indication of fraud if the number of votes affected would be sufficient to change the result of the election;
(3) A malfunction of a voting machine or tabulator if the number of votes affected would be sufficient to change the result of the election; or
(4) In any other instance the court or body with jurisdiction of a contested election finds that a recount is warranted.
(b) Any recount ordered by this section shall be a complete recount of all ballots cast in such election.
(c) The court or body with jurisdiction of a contested election shall determine if the recount shall be conducted by hand or with automated tabulators.
[Acts 2001, ch. 465, § 7.]