Recount in contests for county and nonpartisan elections.

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If, at trial of any election contest as provided in section 1-11-214 and this section, the statement or counterstatement alleges an error in the abstract of votes cast sufficient to change the result, the district judge has the power to order a recount of the ballots cast or the votes tabulated in the precincts in which the alleged error was made. The court may also require the production before it of witnesses, documents, records, and other evidence as may have or contain information regarding the legality of any vote cast or counted for either of the contesting candidates or a ballot issue or ballot question, or concerning the correct number of votes cast for a candidate or a ballot issue or ballot question. The court may order the returns corrected in accordance with the evidence presented and the court's findings.

Source: L. 92: Entire article R&RE, p. 792, § 14, effective January 1, 1993. L. 94: Entire section amended, p. 1178, § 67, effective July 1. L. 99: Entire section amended, p. 491, § 21, effective July 1.

Editor's note: This section is similar to former § 1-11-212 as it existed prior to 1992.


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