50.49 Recounts for public measures.
1. A recount for any public measure shall be ordered by the board of canvassers if a petition requesting a recount is filed with the county commissioner not later than three days after the completion of the canvass of votes for the election at which the question appeared on the ballot. The petition shall be signed by the greater of not less than ten eligible electors or a number of eligible electors equaling one percent of the total number of votes cast upon the public measure. Each petitioner must be a person who was entitled to vote on the public measure in question or would have been so entitled if registered to vote.
2. The recount shall be conducted by a board which shall consist of:
a. A designee named in the petition requesting the recount.
b. A designee named by the commissioner at or before the time the board is required to convene.
c. A person chosen jointly by the members designated under paragraphs “a” and “b”.
3. The commissioner shall convene the persons designated under subsection 2, paragraphs “a” and “b”, not later than 9:00 a.m. on the seventh day following the canvass of the election in question. If those two members cannot agree on the third member by 8:00 a.m. on the ninth day following the canvass, they shall immediately notify the chief judge of the judicial district in which the canvass is occurring, who shall appoint the third member not later than 5:00 p.m. on the eleventh day following the canvass.
4. The petitioners requesting the recount shall post a bond as required by section 50.48, subsection 2. The amount of the bond shall be one thousand dollars for a public measure appearing on the ballot statewide or one hundred dollars for any other public measure. If the difference between the affirmative and negative votes cast on the public measure is less than the greater of fifty votes or one percent of the total number of votes cast for and against the question, a bond is not required. If approval by sixty percent of the votes cast is required for adoption of the public measure, no bond is required if the difference between sixty percent of the total votes cast for and against the question and the number of affirmative votes cast is less than the greater of fifty votes or one percent of the total number of votes cast.
5. The procedure for the recount shall follow the provisions of section 50.48, subsections 4 through 7, as far as possible.
95 Acts, ch 189, §14; 2002 Acts, ch 1134, §48, 115; 2008 Acts, ch 1032, §154; 2008 Acts, ch 1115, §103
Referred to in §50.12
Structure Iowa Code
Title II - ELECTIONS AND OFFICIAL DUTIES
Section 50.1A - Canvass by officials.
Section 50.2 - One tally list in certain machine precincts.
Section 50.3 - Double or defective ballots.
Section 50.4 - Ballots objected to.
Section 50.5 - Disputed ballots returned separately.
Section 50.6 - Votes in excess of voter declarations.
Section 50.7 - Error on county office — township office.
Section 50.8 - Error on state or district office — tie vote.
Section 50.9 - Return of ballots not voted.
Section 50.10 - Record of ballots returned.
Section 50.11 - Proclamation of result.
Section 50.12 - Return and preservation of ballots.
Section 50.13 - Destruction of ballots.
Section 50.14 - Return of results.
Section 50.15 - Destruction in abeyance pending contest.
Section 50.15A - Unofficial results of voting — general election only.
Section 50.16 - Tally list of board.
Section 50.17 - Return of election register.
Section 50.19 - Preservation and destruction of books.
Section 50.20 - Notice of number of provisional ballots.
Section 50.21 - Special precinct board reconvened.
Section 50.22 - Special precinct board to determine challenges and canvass absentee ballots.
Section 50.23 - Messengers for missing tally lists.
Section 50.24 - Canvass by board of supervisors.
Section 50.25 - Abstract of votes in the general election.
Section 50.26 - Duplicate abstracts.
Section 50.27 - Declaration of election.
Section 50.28 - Tally lists filed.
Section 50.29 - Certificate of election.
Section 50.30 - Abstracts forwarded to state commissioner.
Section 50.30A - Election canvass summary forwarded to state commissioner.
Section 50.31 - Abstracts for governor and lieutenant governor.
Section 50.32 - Endorsement on other envelope.
Section 50.33 - Forwarding of envelopes.
Section 50.34 - Missing abstracts.
Section 50.35 - Delivery of abstracts.
Section 50.36 - Envelopes containing other abstracts — canvass.
Section 50.37 - State canvassing board.
Section 50.38 - Time of state canvass.
Section 50.40 - Record of canvass.
Section 50.41 - Certificate of election.
Section 50.42 - Certificates mailed.
Section 50.43 - Senator or representative.
Section 50.45 - Canvass public — result determined.
Section 50.46 - Special elections — canvass and certificate.
Section 50.47 - Messengers for election tally lists.
Section 50.48 - General recount provisions.
Section 50.49 - Recounts for public measures.
Section 50.50 - Administrative recounts.