MUNICIPAL RECOUNTS – FREQUENTLY ASKED QUESTIONS

What is an automatic recount?

A recount is a re-counting of a particular race on the ballot that is conducted by retabulating the votes through the same systems that tabulated the original results. The tabulation machines are tested after the election, reprogrammed to only tabulate the races subject to recount pursuant to a court order, and tested again prior to the recount. A.R.S. §§ 16-663, 16-664.

A recount is not a hand count, although there is a hand count component to the recount similar to the original tabulation procedures. A.R.S. § 16-663.

Who conducts the recounts?

The county will conduct the recount since the municipality has contracted with the county to administer its election. Please see https://www.coconino.az.gov/195/Elections for more information on the recount process.

When does an automatic recount occur?

Under Arizona law, an automatic recount occurs when the official election results show the margin between two candidates receiving the greatest number of votes for a particular office is less than or equal to one-half of one percent of the number of votes cast for both candidates. A.R.S. §16-661(A).

Can a person request a recount?

No, state law only authorizes a recount based on the margin established in A.R.S. § 16-661(A). There is no statutory authorization for the clerk to seek a court order based on a personal request for a recount.

Does the recount apply to municipal ballot measures?

No, the recount statute applies only to municipal candidates and not municipal questions, propositions or measures based on a recent Attorney General opinion. See Ariz. Att’y Gen. Op. I24-001. However, statewide measures are subject to recount.

Why are there more recounts this year?

Recounts have always been in place for close elections but in 2022, the state legislature increased the margin that requires an automatic recount increasing the likelihood of more recounts this election cycle.

Who makes the recount calculations?

The election officers (county election staff and municipal clerk) calculate whether a recount is necessary based on the statutory formula in A.R.S. § 16-661 and if a recount is triggered, the clerk will certify this calculation to the superior court.

Why is the court involved in the recount process?

State law mandates the court’s involvement by requiring the clerk to file a certification of facts requiring the recount to superior court within 24 hours of the official canvass. The court then orders the recount to proceed with an expected timeline for completion and announcement of the results. A.R.S. § 16-662.

I  am a candidate who was notified that my race is subject to a recount – what does this mean for my election?

The statute requires an automatic recount as outlined in A.R.S. §16-661(A). If you are a candidate whose race is subject to an automatic recount, the clerk is required to certify the facts requiring a recount to the court within 24 hours of the official canvass. The clerk can provide you with an update following the court order requiring the recount and provide updates on the expected timeframe for the completion of the recount. The clerk cannot provide you with a certificate of nomination or election until the recount results are announced and it affirms the candidates declared elected or those proceeding to a runoff.

I heard that the county has finished the recount but why can’t I find out the results?

Until announced by the court, the recount results are confidential, and the clerk is prohibited from disclosing the results to any person. The results are shared directly with the court who then announces the results in open court and enters an order determining the results. A.R.S. § 16-665.

What if there is a discrepancy between the original results and the recount results?

If there are discrepancies between the original votes and the recount results, the county elections department is required to take reasonable efforts to reconcile the discrepancy and provide a report explaining the reasons at the time the results are transmitted to the court.

Will there be another canvass after the court announces the recount results?

No, when the court announces the result, it is final. Upon receipt of the court order, the clerk will issue the appropriate certificates and notify the candidates of the election results. There will not be another canvass.

What if I disagree with the recount results?

The clerk cannot provide legal advice. Please seek your own legal counsel.

Who pays for the recount?

The municipality must pay for the recount involving a municipal candidate race. If other jurisdictions are subject to recount, the costs will be proportionally shared amongst the affected jurisdictions. A.R.S. §16-666.