Current through Public Act 151 of the 2024 Legislative Session
Section 168.882 - [Effective Until 91 days after adjournment of the 2024 Regular Session sine die] Notice of recount petition; filing counter petition; refund of deposit money; filing objections to recount petition; notice; meeting; ruling(1) If a candidate has filed a recount petition and paid the deposit under sections 879 and 881, the secretary of state shall give notice of the recount petition to each opposing candidate within 48 hours after the filing of the petition by delivering to each candidate a copy of the recount petition, or, if the candidate cannot be found, by leaving a copy at the candidate's last known place of residence with a member of the candidate's immediate family of suitable age. If a member of the candidate's family cannot be found, the secretary of state may give notice by posting the recount petition in a conspicuous place at the candidate's last known place of residence.(2) A candidate may file a counter petition in the same manner as the original petition under section 881 not later than 48 hours after the original recount petition is filed with the secretary of state. At the time of filing the counter petition, the counter petitioner shall deposit the sum of money as required in section 881 for the original petitioner. The secretary of state shall refund to the counter petitioner the money deposited by the counter petitioner if the original petitioner does not establish fraud or receive a certificate of election.(3) Not later than 48 hours after an original recount petition is filed under section 881, an opposing candidate may file objections to the recount petition with the board of state canvassers. The opposing candidate shall set forth the objections to the recount petition in writing. Upon receipt of an objection under this subsection, the board of state canvassers shall notify the petitioner and the objecting candidate of the date of the meeting of the board of state canvassers to consider the objections. The board of state canvassers shall allow the recount petitioner and the objecting candidate to present oral or written, or both, arguments on the objections raised to the recount petition at the meeting. The board of state canvassers shall rule on the objections no later than 4 calendar days after the deadline for filing objections.Amended by 2023, Act 269,s 11, eff. 2/13/2024.1954, Act 116, Eff. 6/1/1955 ;--Am. 1955, Act 271, Imd. Eff. 6/30/1955 ;--Am. 1969, Act 188, Imd. Eff. 8/5/1969 ;--Am. 1980, Act 61, Imd. Eff. 4/1/1980 ;--Am. 1995, Act 261, Eff. 3/28/1996.This section is set out more than once due to postponed, multiple, or conflicting amendments.