Deposits accompanying petitions shall be used by the appropriate election board to defray the actual expenses of a recount. Expenses shall include mileage and salaries of the county election board members, which shall be made on a per diem basis at the same rate as for normal compensation; salaries for counters deemed necessary by the secretary of the board to conduct an expedient and accurate recount; the expense of service of process; court reporter fees and transcript expense; travel reimbursement for the court reporter and the presiding judge; mileage and per diem of witnesses; and for all other actual and necessary expenses. The balance, if any, shall be returned to the contestant. In the event the contestant is successful in the recount, the deposit shall be returned to the contestant, and the expense of the recount shall be borne by the county or state, as the case may be. Provided, no portion of a deposit required by paragraph 6 of subsection A of Section 8-111 of this title shall be refundable unless the contestant is successful in the recount in changing the outcome of the election.
Added by Laws 1974, c. 153, § 8-117, operative Jan. 1, 1975. Amended by Laws 2013, c. 275, § 2, eff. Nov. 1, 2013.