A. 
A defeated candidate, or 10 qualified City voters, may file an application for a recount of the votes from any particular City precinct, or for any particular office, proposition or question by filing in person with the Clerk by noon on the day of certification of the election by the Council.
B. 
If two or more candidates tie in having the highest number of votes for the same office to which only one candidate is to be elected, the Clerk shall initiate a recount.
(Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 12, 2016; Formerly 3.40.010)
A. 
A recount application shall contain:
1. 
The basis of the belief that a mistake has been made;
2. 
The precinct, office, proposition, or question for which the recount is requested;
3. 
The name, residence address, contact information and notarized signature of each candidate or City voter who is an applicant; and
4. 
The contact information of a representative who will receive communications from the City regarding the application.
B. 
The application shall include a deposit in the amount of $250.00 for each precinct subject to a recount, which shall be made in cash, certified check, or credit card.
(Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 12, 2016; Formerly 3.40.020)
A. 
If the Clerk determines that an application for recount is substantially in the required form, the Clerk shall schedule the recount to be held within seven calendar days after receipt of the application.
B. 
The Clerk shall provide notice to the applicants, representative and to each candidate and sponsor of a proposition or question for which the vote will be recounted of the date, time and place of the recount.
(Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 12, 2016; Formerly 3.40.030)
A. 
The Clerk shall direct the Canvass Board to perform the recount using the ballot tabulation system designated by the Clerk.
B. 
In conducting the recount, the Canvass Board shall:
1. 
Check the accuracy of the original count and all documentation provided by the Clerk and election officials;
2. 
Compare the number of ballots issued and cast to the numbers distributed to each precinct and early voting location and issued for other methods of voting.
C. 
The ballots and other election materials shall remain in the custody of the Clerk during the recount and the highest degree of care shall be exercised to protect the ballots against alteration or mutilation. The recount shall be completed within 10 calendar days. The Clerk may employ additional personnel necessary to assist in the recount.
(Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 12, 2016; Ord. 25-04 § 1, 2025; Formerly 3.40.040)
Upon completing the recount, the Canvass Board shall provide a report of the results of the recount for submission to the City Council. The City Council shall certify the recount results and issue a resolution certifying the election.
(Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 12, 2016; Formerly 3.40.050)
A. 
The deposit submitted with a recount application pursuant to HMC § 3.41.020(B) shall be refunded to the candidate or applicants if, upon recount:
1. 
A different candidate is elected or the result of the vote on a proposition or question changes; or
2. 
The number of votes for the candidate or position on a proposition or question changes by more than two percent of the original amount.
B. 
If the requirements of subsection (A) of this section are not met:
1. 
The Clerk shall refund to the candidate or applicants who requested the recount any excess of the deposit over the cost of the recount;
2. 
If the cost of the recount exceeds the amount of the deposit, the City may recover the excess from any recount applicant, each of whom shall be individually liable for the amount of the excess. The cost of the recount includes the compensation that the City pays to election officials and City staff for working on the recount.
(Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 12, 2016; Formerly 3.40.060)
A candidate or person requesting a recount who is aggrieved by the result of a recount or decision not to grant a recount may appeal the recount to the superior court, third judicial district. The appeal shall be filed within 10 calendar days of City Council action certifying the election. Upon order of the court, the Clerk shall furnish the record of the recount, including all ballots, registers, and other election material and papers pertaining to the recount. The court sitting without a jury shall hear the appeal. The issues on appeal shall include whether the Clerk has properly determined what ballots, parts of ballots, or marks for candidates on ballots are valid, and to which candidate or division on the proposition the vote should be attributed. If an action under this section is not commenced within the 10-day period, the election and the election result shall be conclusive, final and valid in all respects.
(Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 12, 2016; Formerly 3.40.070)