[Amended 6-17-2010 by Ord. No. O-10-10; 6-16-2016 by Ord. No. O-16-5; 12-19-2019 by Ord. No. O-19-16
A. 
Mandatory recount. At the time the Board certifies the election results as required by § C-612 of the Town Charter, the Board shall determine whether a mandatory recount is necessary and, if so, advise the Mayor and Town Council of that fact within 24 hours. For the election of the Mayor, a mandatory recount is necessary if the results of the election are such that the difference between the votes received by the winning candidate and the votes of the candidate receiving the next highest number of votes is equal to or less than 5% of the total number of voters voting in this election. For the election of the Town Council, a mandatory recount is necessary if the results of the election are such that the difference between the votes received by the candidate with the sixth highest number of votes and the votes of the candidate receiving the seventh highest number of votes is equal to or less than 5% of the total number of voters voting in this election. For a referendum question, a mandatory recount shall be required if the difference between the number of votes cast in favor of the subject ordinance and against the subject ordinance is equal to or less than 5% of the total number of voters voting in this election. The necessity of a mandatory recount for mayor, a member of the Town Council and/or a specific referendum question are independent requirements, and the recount shall only apply to the election results for the office or item which is within the margins set forth in this subsection A. A mandatory recount shall be performed in the manner set forth in § 22-72 of this chapter.
B. 
Permissive recount. The Board shall conduct a recount in the manner set forth in § 22-72 upon the filing of a written request of a candidate or a citizen of the Town who was registered to vote in the election which is the subject of the recount request. The written request for a recount must be made by a petition for recount meeting the requirements of § 22-70. The petition for recount must be filed with the Town Clerk no later than the close of business on the first Monday following the election and must specify which election contest is the subject of the recount (Mayor, Town Council and/or referendum question). A recount fee deposit of $500 with respect to a mayoral election, an election for a Council seat or each referendum question must be paid at the time the petition for recount is filed and is necessary for a valid filing of a petition for recount. A different petition for recount and deposit is necessary for each election contest or referendum question for which the person is requesting a recount. The recount fee deposit shall be held by the Town Clerk, pending the results of the recount, If the recount does not change the results of the election contest, then the entire fee shall be paid to the Town from the deposit, to defer the costs of conducting the recount. If, as a result of a recount, the results of the election contest are changed such that a different candidate is declared the winner or there is a different answer on a referendum question, the recount fee deposit shall be refunded to the petitioner. Except for counter-petitions, the first valid petition for a recount of a specific election contest shall be the only petition upon which a recount for that contest shall be conducted.
A person who wishes to request a recount is known as a "petitioner." A petition for recount must be in writing, include the petitioner's name, address, and telephone number, identify the contest for which the person requests a recount, and be signed by the petitioner. Only one person can act as the petitioner for each petition.
[Amended 6-16-2016 by Ord. No. O-16-5; 12-19-2019 by Ord. No. O-19-16
Upon the completion of a recount undertaken pursuant to § 22-69A or B and the announcement of the result by the Board, any candidate who was a candidate in the election contest which was recounted or any person who objects to a recount with respect to a referendum election may request a second recount using a petition for recount in the form set forth in § 22-70. A petition for a second recount under this section must be filed with the Town Clerk no later than the close of business on the second day after the day the results of the first recount were announced by the Board. A petition for a second recount under this section requires the same recount fee deposit as set forth in § 22-69B. A second recount under this section shall be performed as set forth in § 22-72.
[Amended 6-17-2010 by Ord. No. O-10-10]
A. 
Announcement. Upon a determination that a mandatory recount is necessary, or upon the receipt of a timely and valid recount petition or a counter-petition for a recount, the Board shall announce to all interested persons, including the candidates, the current Mayor and Town Council, and the Town Clerk, its receipt and acceptance of a petition for recount, the name of the person requesting the recount, the Board's intention to conduct a recount of the vote, and specifying the election contest that is the subject of the recount.
[Amended 12-19-2019 by Ord. No. O-19-16]
B. 
Notice. The Board shall send or deliver written notice to all candidates for the election contest which is subject of the recount, as well as to the Mayor, the Town Council, the Town Clerk and, if applicable, the person requesting the recount. That notice shall specify the date, time, and location on which the Board will conduct the recount, and shall notify each of their right to have a designated challenger present during the recount process.
C. 
Rights and responsibilities of challengers. A challenger may be appointed by a candidate, the Mayor, the Town Council and, if applicable, the person requesting the recount. Appointed challengers shall have the right to observe the recount process to ensure it is accomplished in a fair and impartial manner. Challengers will not interfere with the recount process and will not touch or handle any ballots or related materials without specific permission from a member of the Board of Elections. Challengers will remain quiet during the recount process except to bring a challenge or potential challenge to the attention of the Board of Election Chairman. Challengers who fail to comply will be directed to leave the recount room by a member of the Board of Elections.
[Amended 6-16-2016 by Ord. No. O-16-5]
D. 
Conduct of recount. On the date and time set for the recount, the Board shall meet and act as the sole election judges for purposes of conducting the recount. A majority of the Board must be present to conduct a recount. The recount shall utilize the same processes for canvassing as a regular canvassing after the close of the polls. A recount does not require a hand recount of scanned ballots. A recount does not require an audit of the operation of ballot scanner and/or voting machines, including the tabulations made by such machines. The Board may, however, require an audit of the operation of one or more machines or voting processes if it finds that such an audit is necessary to protect the fairness of the election contest or the accuracy of the election result. As part of the audit, the Board may direct a hand recount of scanned ballots. The Board may specify a full recount or a partial recount, such as a specific contest, specific candidates, and/or a question.
[Amended 12-19-2019 by Ord. No. O-19-16]
[Amended 6-17-2010 by Ord. No. O-10-10]
Upon the completion of any recount, the Board shall recertify the results of the election contest to the Mayor and Town Council and shall announce the result to all interested parties. Said certification shall be made within 72 hours after the conclusion of the recount.