Understanding Election Recounts and Appeals Process in ICAC Elections Conference

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In the ICAC Elections Conference, the Deputy Attorney General, Robert A. Berry, presented details on election recounts, recalls, and the involvement of their office in such processes. The content covers jurisdiction, application for recount, receipt of proper application, manner of recount, appeal process, who bears the costs, and examples of recent recounts. It outlines the steps, requirements, and timelines involved in conducting a recount after an election, including the roles of different authorities and parties.

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2022 ICAC ELECTIONS CONFERENCE ELECTION RECOUNTS RECALLS PRESENTED BY: ROBERT A. BERRY DEPUTY ATTORNEY GENERAL

A. Jurisdiction: Or when does our office get involved? (34-2301) 1. No jurisdiction over all elections. 2301(1) 2. Examples: Driggs City Council recount (2021) but not CWI levy recount (2018). 3. Timing to file application

B. Application for Recount 1. Must be made to the appropriate officer 2. Must identify each precinct to be recounted (2302)* 3. If the application does not qualify for a free recount, then the $100 fee for each precinct must be remitted within the 20-day window; otherwise, the application must be denied.

C. Receipt of a Proper Application 1. First step: Secure the ballots 2. Contact all interested parties to set up the recount 3. Clerk s Office 4. Order for Recount (34-2304) 5. Proceedings Recount

D. Manner of Recount (2305) 1. If it is an AG recount, the AG is final authority; if county; the county prosecuting attorney The recount begins at the time and place set in the order Sheriff Recount Team Difference Revealed by Recount Difference Revealed by Recount (2306) 2. 3. 4. 5.

E. Appeal 1. Any candidate who disagrees has twenty-four hours following the recount to appeal. 34-2308 Question arises from when does the clock run: my interpretation is from when the prosecutor or AG orally declares the results at the completion of the re-count 2.

F. Costs 1. 2. What is included State shall pay for the recount of a federal, state, or legislative district office County pays for the recount of a county, city or district office or measure Requestor 3. 4.

G. Recent Recounts 1. 2022: Ada (McGrane) and Teton (Keeley) 2020: Valley (Miller) and Boise (Prisco) 2019: Payette (Dresson), Boundary (Poston), and Lewis (Winner) 2018: Ada (McGrane) 2017: Ada (McGrane), Payette (Dressen), and Minidoka (Page). 2. 3. 4. 5.

I. Recalls 1. Article VI, Section 6 of the Idaho Constitution guarantees the right of the people to recall anyone holding elective office in the state. It states, Recall of Officers Authorized. Every public officer in the State of Idaho, excepting the judicial officers, is subject to recall by the legal voters of the state or of the electoral district from which he is elected. The legislature shall pass the necessary laws to carry this provision into effect."

2. WHO CAN BE RECALLED (Section 34-1701, Idaho Code) The following public officers, whether holding their elective office by election or appointment are subject to recall: (c) County Officials (County commissioners, sheriff, treasurer, assessor, prosecuting attorney, clerk of the district court and coroner) (d) City Officials (Mayor and city council members) (e) Special district elected officers for whom recall procedure is not otherwise provided by law

3. DRAFTING THE PETITION (Section 34-1703, 34-1704 and 34-1705 Idaho Code) What the petition must include 4. APPROVAL OF THE PETITION (Section 34-1704, Idaho Code) All recall petitions need to be approved as to form by the appropriate filing office with the first 20 signatures. The filing officer shall inform whoever is circulating the recall petitions, in writing, that they have been approved

5. TIME DEADLINE FOR THE PETITIONS (Section 34-1704, Idaho Code) The circulators shall then have seventy-five (75) days from the date of approval to collect the required number of signatures. Petitions must be signed by qualified electors of the jurisdiction in which the recall is being conducted and must be signed in the presence of the signature gatherer. All signatures must be witnessed by the signature gatherer

6. County Officeholder The petition must be signed by registered electors of the county equal in number to twenty percent (20%) of the number of electors registered to vote at the last general election held in the county at which the officer was elected EXAMINATION AND CERTIFICATION OF PETITION (Section 34-1706, Idaho Code) Within the seventy- five (75) day period, the petitions shall be filed on the same day with the proper filing officer 7.

8. SPECIAL ELECTION (Section 34-1707, Idaho Code) If the filing officer finds the petition to contain the required number of signatures, he shall notify the petitioner and the officer subject to recall by certified mail that the petition is in proper form.

9. BALLOT FORM (Section 34-1708, Idaho Code) The special election ballot shall be titled "RECALL BALLOT", and will include the reasons demanding the recall used by the petitioners, and also a rebuttal issued by the officer subject to recall. Both statements must not exceed more than 200 words

10. CONDUCT OF ELECTION (Section 34-1710, Idaho Code) Special elections for the recall of an officer shall be conducted and the results thereof canvassed and certified in all respects as general elections, except as otherwise provided. Nothing precludes the holding of a recall election with another election

11. VOTES REQUIRED (Section 34-1712, Idaho Code) To recall any officer, a majority of the votes cast at the special recall election must be in favor of such recall, and additionally, the number of votes cast in favor of the recall, must equal or exceed the votes cast at the last general election for that officer. If the officer was appointed or was not required to stand for election, then a majority of the votes cast in the recall election shall be the number necessary for recall.