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This entry was published on 2023-09-22
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SECTION 9-208
Provisions for recanvass of vote in every election district in the state; procedure in case of discrepancy
Election (ELN) CHAPTER 17, ARTICLE 9, TITLE 2
§ 9-208. Provisions for recanvass of vote in every election district
in the state; procedure in case of discrepancy. 1. Within fifteen days
after each general or special election, and within twenty days after a
primary election, and within seven days after every village election
conducted by the board of elections at which ballot scanners are used,
the board of elections, or a bipartisan committee of or appointed by
said board shall, in each county using ballot scanners, make a record of
the serial number of each ballot scanner used in each election district
in such general, special or primary election. No person who was a
candidate at such election shall be appointed to membership on the
committee. Such board of elections or bipartisan committee shall
recanvass the tabulated result tape from each ballot scanner used in
each election district by comparing such tape with the numbers as
recorded on the return of canvass. The said board or committee shall
also make a recanvass of any election day paper ballots that have not
been scanned and were hand counted pursuant to subdivision two of
section 9-110 of this article and compare the results with the number as
recorded on the return of canvass. The board or committee shall then
recanvass write-in votes, if any, on ballots which were otherwise
scanned and canvassed at polling places on election night. The board or
committee shall validate and prove such sums. Before making such canvass
the board of elections, with respect to each election district to be
recanvassed, shall give notice in writing to the voting machine
custodian thereof, to the state and county chair of each party or
independent body which shall have nominated candidates for the said
general or special election or nominated or elected candidates at the
said primary election and to each individual candidate whose name
appears on the office ballot, of the time and place where such canvass
is to be made; and the state and county chair of each such party or
independent body and each such individual candidate may send a
representative to be present at such recanvass. Each candidate whose
name appears on the official ballot, or his or her representative, shall
have the right personally to examine and make a record of the vote
recorded on the tabulated result tape and any ballots which were hand
counted.

2. If upon such recanvass, it shall be found that the original canvass
of the returns of an election district has been incorrectly made from
any tabulated result tape plus any ballots which were hand counted, a
statement in writing shall be prepared giving the details for any
corrections made for such election district. The result of the
recanvass, and such statement shall be witnessed by the persons required
to be present and shall be filed with the board of elections. Such
recanvass of votes made pursuant hereto shall thereupon supersede the
returns filed by the inspectors of election of the election district in
which the canvass was made.

3. If upon the recanvass of an election district, it shall be found
that a discrepancy exists between the number of voters who cast a vote
in an election district and the number of votes recorded on the
tabulated results tape plus any election day paper ballots counted by
hand the board of elections, or the committee thereof, shall proceed
thoroughly to examine all the election day paper ballots in that
election district to determine the result from such election district.
The result of this examination of election day ballots shall supersede
the returns filed by the inspectors of election of the election district
in which the canvass was made. After the completion of such examination,
the board of elections, or the committee thereof, shall then and there
prepare a statement in writing giving in detail the result thereof, and
such statement shall be witnessed by the persons required to be present
and shall be filed in the office of the board of elections.

4. (a) The board of elections or a bipartisan committee appointed by
the board shall conduct a full manual recount of all ballots for a
particular contest:

i. Where the margin of victory is twenty votes or less; or

ii. Where the margin of victory is 0.5% or less; or

iii. In a contest where one million or more ballots have been cast and
the margin of victory is less than 5,000 votes.

(b) For the purposes of this section, the term margin of victory shall
mean the margin between all votes cast in the entire contest following
the recanvass of votes.

(c) Where the contest involves portions of two or more counties, the
margin of victory shall be determined by the state board of elections
based on the most recent recanvass results for the contest submitted by
the boards of elections of the counties involved.

(d) No board of elections shall commence a full manual recount of a
particular contest unless and until such board of elections has
completed and announced the results of the recanvass required by
subdivision one of this section, for each applicable election district.

(e) The result of the manual recount of ballots shall supersede the
returns filed by the inspectors of election of the election district in
which the canvass was initially made.