SB 14

Currently, with a limited exception, a board of canvassers must use automatic

tabulating equipment to conduct a recount of ballots that are in machine-readable

form. However, a candidate, or an elector if the recount is for a referendum question,

may petition the circuit court for an order requiring ballots in machine-readable

form to be recounted by hand or by another method approved by the court. To obtain

such an order, the candidate or elector must show by clear and convincing evidence

that due to an irregularity, defect, or mistake committed during the voting or

canvassing process the results of a recount using automatic tabulating equipment

will produce incorrect results and there is a substantial probability that recounting

the ballots by hand or by another method will produce a more correct result and

change the outcome of the election.

This bill permits the board of canvassers conducting a recount to determine to

conduct the recount of a specific election by hand unless a court orders the recount

to be conducted by another method.