Circumstances Justifying Recount — Determining Procedure for Recount

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  1. Any court, primary board, legislative body, or tribunal having jurisdiction of an election contest pursuant to this chapter may order a recount of the ballots under any of the following circumstances:
    1. A tie vote;
    2. An indication of fraud if the number of votes affected would be sufficient to change the result of the election;
    3. A malfunction of a voting machine or tabulator if the number of votes affected would be sufficient to change the result of the election; or
    4. In any other instance the court or body with jurisdiction of a contested election finds that a recount is warranted.
  2. Any recount ordered by this section shall be a complete recount of all ballots cast in such election.
  3. The court or body with jurisdiction of a contested election shall determine if the recount shall be conducted by hand or with automated tabulators.


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