W. Va. Code R. § 153-20-3

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 153-20-3 - Requesting a Recount

3.1. The person requesting a recount for an elected office must be a candidate for the elected office in which the recount is requested. The person requesting a recount for a special issue election must be a voter of the jurisdiction of the election.

3.1.a. The request for a recount shall include all precincts covered by that election unless the person filing the request specifies otherwise.

3.1.b. If the candidate filing the request specifies only specific precincts to be recounted, that candidate cannot afterwards add other precincts to the list to be recounted.

3.1.c. The person filing the request, or preserving his or her right to demand a continuation of the recount, may specify precincts which are not to be hand-counted. Any precinct recounted which was not to be hand-counted, will be recounted by processing the votes as required by W.Va. Code §§ 3-4A-27 and 3-6-9.

3.2. A candidate shall make a request for recount within forty-eight (48) hours after the canvass. The forty-eight-hour (48) period begins when the board of canvassers publicly declares the results of the election. For offices filled by the voters of more than one county, the forty-eight (48) hours begins when the last of the counties voting for the office declares the results. Saturdays, Sundays and legal holidays are excluded when computing the forty-eight-hour (48) period.

3.2.a. A candidate shall make the request in writing to the county clerk who shall present the request to the board.

3.2.b. The recount request of an elected office shall state the name of the candidate making the request, the elected office for which the recount is requested, the precincts which the candidate is requesting to be recounted, and which recounted precincts need not be hand-counted.

3.2.c. The recount request for an issue shall state the voter's name and address and the precincts in which the recount is requested.

3.2.d. The person requesting a recount must furnish bond in an amount sufficient to pay for the cost and expenses of the recount if the results do not change. The recount bond shall be set as described in section 4.7 of this rule.

3.3. The board shall give notice of the recount to candidates who filed for the same elected office as the one in which a recount has been requested or the governing board that officially requested the special issues election in which a recount has been requested according to the provisions of section 5 of this rule.

3.4. Candidates who filed for the same elected office as one in which a recount has been requested or the governing board that officially requested the special issues election in which a recount has been requested may preserve their right to demand a recount of precincts not recounted in the original recount request or to have the recount continued and completed should the candidate or voter initiating the recount request stop the recount.

3.4.a. The candidate shall file the request to preserve the right to recount in writing to the county clerk who will present the request to the board. This request must be filed within twenty-four (24) hours from the time the notice of recount is served. Saturdays, Sundays and legal holidays are excluded when computing the twenty-four (24) hour period.

3.4.b. The request to preserve the right to recount shall state the name of the candidate(s) or of the governing board filing the request to preserve the right to recount and the intention to preserve the right to request the recount of precincts not originally requested by the initiating candidate or to continue the recount should the initiating candidate or voter stop the recount.

3.4.c. The candidate(s) or the governing board filing the request to preserve the right to recount shall furnish bond in an amount sufficient to pay for any recount cost incurred by request for a continuation of the recount or a recount of additional precincts. The bond must be the same amount as the bond required of the original candidate or voter requesting the recount.

W. Va. Code R. § 153-20-3