13-16-418. Certification after recount. (1) (a) Immediately after the recount, the county recount board shall certify the result.

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Terms Used In Montana Code 13-16-418

  • Ballot: means a paper ballot counted manually or a paper ballot counted by a machine, such as an optical scan system or other technology that automatically tabulates votes cast by processing the paper ballots. See Montana Code 13-1-101
  • Candidate: means :

    (a)an individual who has filed a declaration or petition for nomination, acceptance of nomination, or appointment as a candidate for public office as required by law;

    (b)for the purposes of chapter 35, 36, or 37, an individual who has solicited or received and retained contributions, made expenditures, or given consent to an individual, organization, political party, or committee to solicit or receive and retain contributions or make expenditures on the individual's behalf to secure nomination or election to any office at any time, whether or not the office for which the individual will seek nomination or election is known when the:

    (i)solicitation is made;

    (ii)contribution is received and retained; or

    (iii)expenditure is made; or

    (c)an officeholder who is the subject of a recall election. See Montana Code 13-1-101

  • Election: means a general, special, or primary election held pursuant to the requirements of state law, regardless of the time or purpose. See Montana Code 13-1-101
  • Election administrator: means , except as provided in subsection (14)(b), the county clerk and recorder or the individual designated by a county governing body to be responsible for all election administration duties, except that with regard to school elections not administered by the county, the term means the school district clerk. See Montana Code 13-1-101
  • Individual: means a human being. See Montana Code 13-1-101
  • issue: means a proposal submitted to the people at an election for their approval or rejection, including but not limited to an initiative, referendum, proposed constitutional amendment, recall question, school levy question, bond issue question, or ballot question. See Montana Code 13-1-101
  • School election: has the meaning provided in 20-1-101. See Montana Code 13-1-101
  • School recount board: means the board authorized pursuant to 20-20-420 to perform recount duties in school elections. See Montana Code 13-1-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(b)At least two members of the board shall sign the certificate, and it must be attested to under seal by the election administrator.

(c)The certificate must set forth in substance the proceedings of the board and the appearance of any candidates or representatives. The certificate must adequately designate:

(i)each precinct recounted;

(ii)the vote of each precinct according to the official canvass previously made;

(iii)the nomination, position, or question involved; and

(iv)the correct vote of each precinct as determined by the recount.

(d)When the certificate relates to a recount for a congressional office, a state or district office voted on in more than one county, a legislative office, or an office of judge of the district court or a ballot issue voted on in more than one county, the certificate must be made in duplicate. One copy must be transmitted immediately to the secretary of state by certified mail.

(e)(i) If the recount relates to a county, municipal, or district office voted for in only one county, other than that of a legislator or a judge of the district court, or a precinct office or a ballot issue voted on in only one county, the county recount board shall immediately recanvass the returns as corrected by the certificate showing the result of the recount and make a corrected abstract of the votes.

(ii)If the corrected abstract shows no change in the result, no further action is needed.

(iii)If there is a change in the result, a new certificate of election or nomination must be issued to each candidate found to be elected or nominated and the first certificate is void. The individual receiving the second certificate must be elected or nominated to the office.

(2)(a) In the event of a school election recount, immediately after the recount, the school recount board shall certify the result. At least two members of the recount board shall sign the certificate, and it must be attested to under seal by the school election administrator.

(b)The certificate must adequately designate:

(i)the vote of the district according to the official canvass previously made;

(ii)the position or question involved; and

(iii)the correct vote of the district as determined by the recount.

(c)The school recount board shall immediately recanvass the returns as corrected by the certificate showing the result of the recount and make a corrected abstract of the votes. If the corrected abstract shows no change in the result, no further action is needed. If there is a change in the result, a new certificate of election must be issued to each candidate found to be elected and the first certificate is void. The individual receiving the second certificate must be elected to the office.