Transmitting returns to the secretary of state - total of results.

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(1) Immediately after the official abstract of votes cast has been certified and no later than the twenty-second day after any general or primary election or any coordinated election that includes a statewide ballot measure, the county clerk and recorder shall transmit to the secretary of state the portion of the abstract of votes cast that contains the statewide abstract of votes cast.

  1. No later than the twenty-seventh day after any primary or general election or anycoordinated election that includes a statewide ballot measure, the secretary of state shall compile and total the returns received from all counties for all candidates, ballot issues, and ballot questions certified by the secretary of state, determine if a recount of any office, ballot issue, or ballot question is necessary, and order the appropriate recounts, if any.

  2. Following each general election, the county clerk and recorder shall transmit a list ofthe names of those candidates elected to county offices to the secretary of state.

Source: L. 92: Entire article R&RE, p. 777, § 13, effective January 1, 1993. L. 94: (1) amended, p. 1169, § 48, effective July 1. L. 99: Entire section amended, p. 479, § 5, effective July 1. L. 2002: Entire section amended, p. 1638, § 27, effective June 7. L. 2005: (1) and (2) amended, p. 1422, § 49, effective June 6; (1) and (2) amended, p. 1457, § 49, effective June 6. L. 2011: (2) amended, (SB 11-189), ch. 243, p. 1066, § 17, effective May 27. L. 2018: Entire section amended, (SB 18-233), ch. 262, p. 1615, § 34, effective May 29.

Editor's note: This section is similar to former § 1-10-104 (1) as it existed prior to 1992. 1-10-104. Imperfect returns - corrections. (1) If, in the course of their duties, the canvass board or the secretary of state finds that the method of making or certifying returns from any precinct, county, or district does not conform to the requirements of law, the returns shall nevertheless be canvassed if they are sufficiently explicit in showing how many votes were cast for each candidate, ballot question, or ballot issue.

(2) If the canvass board or the secretary of state finds a clerical error or omission in the returns, the county clerk and recorder, after consultation with the election judges, shall make any correction required by the facts of the case. The election judges shall sign and submit to the canvass board any documentation required for any explanation or verification of the additions or corrections. The canvass board may adjourn from day to day for the purpose of obtaining the additions or corrections.

Source: L. 92: Entire article R&RE, p. 777, § 13, effective January 1, 1993. L. 99: Entire section amended, p. 480, § 6, effective July 1.

Editor's note: This section is similar to former § 1-10-105 as it existed prior to 1992.


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