Within seven days after the certification of the election, a defeated candidate or ten qualified voters may file an application with the municipal clerk for a recount of the votes from any particular precinct, or for any particular office, proposition, or measure. The date on which the municipal clerk receives an application rather than the date of mailing or transmission determines whether the application is filed within the time allowed under this subsection.
(GAAB 7.05.205, 7.05.220; AO No. 85-75; AO No. 2013-130(S-1), § 8, 1-14-2014; AO No. 2020-5(S), § 7, 2-11-2020; AO No. 2020-131(S), § 12, 1-14-2021)
A. 
A recount application shall:
1. 
Identify the particular precinct, office, proposition or question for which the recount is to be held;
2. 
Designate by full name, residence address, phone number, and mailing address two persons who shall represent the applicant during the recount;
3. 
Contain the signature of the candidate or persons making the application; and
4. 
Contain the typed or printed full name and residence address of the candidate or qualified voters.
B. 
The application shall include a deposit. The amount of the deposit shall be $50.00 for each precinct.
(GAAB 7.05.205, 7.05.220; AO No. 85-75; AO No. 2001-43, § 6, 2-27-2001; AO No. 2013-130(S-1), § 8, 1-14-2014; AO No. 2020-5(S), § 7, 2-11-2020; AO No. 2024-109(S), § 5, 12-3-2024)
A. 
The assembly, by resolution, may order the municipal clerk to conduct a recount of the votes from any particular precinct, or for any particular office, proposition, or measure, within seven days after the certification of the election.
B. 
The municipal clerk, within seven days after the certification of the election, may, on the clerk's own initiative, conduct a recount of the votes from any particular precinct, or for any particular office, proposition, or measure when, in the judgment of the clerk, conducting a recount may increase voter confidence in the election process.
C. 
The municipal clerk shall initiate a recount within seven days of the certification of the election if the results show that:
1. 
A candidate wins by less than a 0.5% margin;
2. 
When a runoff election is required between the top two candidates and the second and third place candidates are separated by less than 0.5%; or
3. 
A proposition or measure passes or fails by less than a 0.5% margin.
D. 
The municipal clerk shall initiate a recount within seven days of the certification of the election if the results show that the aggregate of all votes cast for a write-in candidate meet the requirements of section 28.80.050B.12 and must be allocated to the individual write-in candidates.
(AO No. 2016-68, § 1, 6-21-2016; AO No. 2020-5(S), § 7, 2-11-2020; AO No. 2020-131(S), § 12, 1-14-2021; AO No. 2021-114, § 14, 12-28-2021; AO No. 2023-124, § 4, 12-5-2023)
A. 
The municipal clerk shall give notice of the time and place of the recount to the potentially affected candidate(s), sponsors of potentially affected initiative or referendum measure(s), and any recount applicant(s) by certified mail, by fax, by e-mail or by telephone.
B. 
The municipal clerk shall publish notice of the time and place of the recount on the municipal website.
(GAAB 7.05.205, 7.05.220; AO No. 85-75; AO No. 2001-43, § 6, 2-27-2001; AO No. 2013-130(S-1), § 8, 1-14-2014; AO No. 2020-5(S), § 7, 2-11-2020)
A. 
The municipal clerk shall appoint election officials for the recount. The recount shall continue daily until completed. The municipal clerk may designate the hours each day during which the election officials are to conduct the recount. To obtain the most expeditious election results, the municipal clerk may combine two or more recounts.
B. 
Candidates or organized groups having a direct interest in a recount may provide two observers to witness the recount. The municipal clerk shall insure that the recount shall be open to observation by the public in a manner consistent with the orderly conduct of the recount and security of the ballots.
C. 
In conducting the recount, the election officials shall review all ballots to determine which votes are to be counted in the recount and declare which ballots will be recounted. When available, the recount shall be limited to reviewing the electronic version of the ballot images, adjudicating those images, tabulating them, and comparing to the original results. Otherwise:
1. 
The election officials shall check the number of ballots cast in a precinct:
a. 
Against the registers for a poll based election; and
b. 
Against the number of properly returned and validated ballot envelopes for a vote by mail election; and
2. 
Shall check questioned and absentee ballots voted against questioned and absentee ballots distributed.
D. 
The rules regarding adjudication of votes in chapter 28.80 shall be followed in the recount.
(GAAB 7.05.205, 7.05.220; AO No. 85-75; AO No. 2001-43, § 6, 2-27-2001; AO No. 2002-182, § 1, 3-24-2003; AO No. 2013-130(S-1), § 8, 1-14-2014; AO No. 2017-29(S), § 46, 6-1-2017; AO No. 2020-5(S), § 7, 2-11-2020; AO No. 2020-131(S), § 12, 1-14-2021; AO No. 2021-110(S), § 15, 12-28-2021)
A. 
Upon completing the recount, the election commission and the municipal clerk shall report the results of the recount to the assembly at a meeting as soon as practicable.
B. 
If, after considering the report, the assembly determines that the recount was validly conducted the assembly shall certify the results of the election in accordance with the report of the election commission and municipal clerk. The certification shall be subject to the outcome of any election contest under chapter 28.100. Certification of the recount election is not subject to an assembly motion to reconsider.
C. 
If the election commission or municipal clerk reports a failure to comply with the provisions of law or illegal election practices, and that such failure is sufficient to change the outcome of the election, the assembly may exclude the votes cast where such failure or illegal practices occurred from the total return or may declare the entire election invalid and order a new election.
(GAAB 7.05.205, 7.05.220; AO No. 85-75; AO No. 2004-176, § 11, 6-1-2005; AO No. 2013-130(S-1), § 8, 1-14-2014; AO No. 2020-5(S), § 7, 2-11-2020)
A. 
The full deposit shall be returned after a recount if:
1. 
A different candidate or result on a proposition or measure is certified, or
2. 
The vote on recount is four percent or more greater than the vote originally certified for the candidate or result on a proposition or measure supported by the recount applicant.
B. 
If this section does not require that the entire deposit be refunded, the municipal clerk shall refund any money remaining after the cost of the recount has been paid from the deposit.
C. 
The assembly may waive or refund all or part of a deposit in the interests of maintaining voter confidence in the election process.
(GAAB 7.05.205, 7.05.220; AO No. 85-75; AO No. 2020-5(S), § 7, 2-11-2020)
If after a recount and the time for appeal has run, two or more candidates tie in having the highest number of votes for the same office, the municipal clerk shall notify the candidates who are tied of a suitable time and place to determine the successful candidate by lot. After consideration of the election commission's report and the determination has been made by lot, the assembly shall certify the result.
(AO No. 85-75; AO No. 2020-5(S), § 7, 2-11-2020)