Section 1-10.5-106 - Request for recount by interested party - definition(1) As used in this section, "interested party" means the candidate who lost the election, the political party or political organization of such candidate, any petition representative identified pursuant to section 1-40-113 for a ballot issue or ballot question that did not pass at the election, the governing body that referred a ballot question or ballot issue to the electorate if such ballot question or ballot issue did not pass at the election, or the agent of an issue committee that is required to report contributions pursuant to the "Fair Campaign Practices Act", article 45 of this title, that either supported a ballot question or ballot issue that did not pass at the election or opposed a ballot question or ballot issue that passed at the election.(2) Whenever a recount is not required an interested party may submit a notarized written request for a recount to be conducted in accordance with section 1-10.5-102 at the expense of the interested party making the request. This request must be filed with the secretary of state, the county clerk and recorder, the designated election official, or other governing body that originally certified the candidate, ballot question, or ballot issue for the ballot no sooner than ten days or later than twenty-two days after any primary, general, coordinated, or recall election. A request under this section by an interested party may be made only once. The election official shall notify the political subdivision within which the election was held no later than the day following receipt of the request. Before conducting the recount, the election official who will conduct the recount shall determine the cost of the recount within four days of receiving the request to recount, but no later than twenty-four days following the election, and shall notify the interested party that requested the recount of the cost. If the request is filed with the secretary of state, the secretary of state shall determine the cost of the recount by adding the individual amounts determined by the political subdivisions conducting the recount. The interested party that requested the recount shall pay the cost of the recount by certified funds to the election official with whom the request for a recount was filed no later than twenty-seven days after the election. The funds must be placed in escrow for payment of all direct and indirect expenses, including staff time and related expenses, incurred by the county or secretary of state in the recount. If after the recount the result of the election is reversed in favor of the interested party that requested the recount or if the amended election count is such that a recount otherwise would have been required, the payment for expenses shall be refunded to the interested party that requested the recount. Any escrow amounts not refunded to the interested party that requested the recount must be paid to the election officials who conducted the recount. Any recount of votes pursuant to this section must be completed no later than the thirty-fifth day after any primary, general, coordinated, or recall election.Amended by 2023 Ch. 399,§ 40, eff. 6/6/2023.Amended by 2018 Ch. 262, § 38, eff. 5/29/2018.L. 99: Entire article added with relocations, p. 486, § 13, effective July 1. L. 2002: (2) amended, p. 1639, § 31, effective June 7. L. 2005: (2) amended, p. 1424, § 53, effective June 6; (2) amended, p. 1460, § 53, effective June 6. L. 2011: (2) amended, (SB 11 -189), ch. 243, p. 1066, § 18, effective May 27. L. 2018: (2) amended, (SB 18-233), ch. 262, p. 1616, § 38, effective May 29.This section is similar to former §§ 1-10-1304 and 1-10-304.5 as they existed prior to 1999.