§ Ark. Code § 7-5-319Recount

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(a)(1) Any candidate voted for who may be dissatisfied with the returns from any precinct shall
have a recount of the votes cast therein upon the candidate’s presenting the county board of
election commissioners with a petition requesting the recount.
(2) When the number of outstanding absentee ballots of overseas voters combined with the
number of uncanvassed provisional ballots is not sufficient to change the results of the election,
the candidate must present the petition no later than two (2) days after the county board of
election commissioners declares preliminary and unofficial results of the election, including a
statement of the number of outstanding absentee ballots of overseas voters.
(3) When the number of outstanding absentee ballots of overseas voters combined with the
number of uncanvassed provisional ballots is sufficient to potentially change the results of the
election, the candidate must present the petition at any time before:
(A) The county board of election commissioners finally completes the canvass of the returns
of the election and certifies the result; or
(B) 12:00 noon on the seventh day following the election.
(b) At the time that the petition requesting the recount is presented, the county board of
election commissioners shall provide to the candidate requesting the recount a copy of the test
results on the voting machines and the electronic vote tabulating devices. Only one (1) recount
per candidate per election shall be permitted. The county board of election commissioners shall
certify the results of the last recount. The county board of election commissioners may upon its
own motion conduct a recount of the returns from any or all precincts.
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ELECTION PROCEDURE GENERALLY
7-5-323
(c)(1) For the recount of an election in which paper ballots are used, the county board of
election commissioners shall open the package containing the ballots and recount the ballots in
the manner prescribed by law for the count to be made by the election officials in the first
instance, or if there is a determination by the county board of election commissioners that the
voting machine or electronic vote tabulating device may be malfunctioning, it may recount the
ballots by any manner prescribed by law.
(2) When conducting a recount, the county board of election commissioners shall:
(A) Recount each precinct or other grouping of ballots necessary to recount all ballots cast in
the race of the candidate requesting the recount;
(B) Review any ballots which were duplicated due to damage or defect to ensure that the
selections on each duplicated ballot match exactly to an original ballot for which a duplicate
ballot had been created;
(C) Ensure each affected candidate has been notified of the recount prior to conducting the
recount;
(D) Create a certified results tape for each batch of ballots recounted; and
(E) Manually compile countywide totals from the certified return records and verify that
they match the electronically derived totals from the devices used to collect votes from each
tabulator if the tabulators are used in the recount.
(d) If the result as found upon the recount differs from that certified by the election officials,
the certified results obtained from the recount shall be included in the canvass as the vote for the
particular precinct for which the recount was ordered and made.
(e) After the recount is completed, the ballots shall again be sealed and kept as provided by
law.
(f)(1) The costs for any recount must be borne by the candidate petitioning for it, and payment
of the costs must be made to the county board of election commissioners prior to the recount in
an amount determined by the county board of election commissioners.
(2) In the event that the outcome of the election is altered by recount, the costs of the recount
shall be refunded to the candidate who petitioned for the recount.
(g) The costs of any recount shall be based on the actual costs incurred to conduct the recount,
but in no instance shall the amount charged to conduct a recount exceed the rate of twenty-five
cents (25¢) per vote cast in the precincts where the recount is requested or a total of two thousand
five hundred dollars ($2,500) for the entire county, whichever is less.
(h) Within forty-eight (48) hours after a petition for recount is filed, the county board of
election commissioners shall notify all candidates whose election could be affected by the outcome
of the recount.

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