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LD 1289

An Act To Amend The Election Recount Process

132nd Legislature (2025-2026) Introduced by Jill Duson and 3 co-sponsors

Recounts that do not change the result would require the requesting candidate to pay the actual recount costs, including state staff payroll, with refunds for any overpayment.

Pursuant to Joint Rule 310.3 Placed in Legislative Files (DEAD)
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Bill Summary · LD 1289

Summary: LD 1289 — An Act To Amend The Election Recount Process

Status

  • Dead for the current session (Pursuant to Joint Rule 310.3; Placed in Legislative Files on 2025-04-30)
  • Introduced: March 25, 2025
  • Committee: Veterans and Legal Affairs
  • Legislative actions: Referred to committee (2025-03-25); Work session (2025-04-24); Voted ONTP (2025-04-24); Reported OUT ONTP (2025-04-29)

Purpose and Intent

  • The bill aims to modify the financial mechanics of state-funded election recounts. Specifically, it would shift the cost burden to the requesting candidate if a recount does not change the election result, by requiring the candidate to pay actual recount costs, including payroll costs for state staff necessary to conduct the recount. The underlying intent appears to be to deter non-productive recounts or to ensure that when a recount fails to alter the outcome, the candidate bears the cost.

Key Provisions

  • Cost responsibility if no result change:
    • If a recount does not change the election result, the requesting candidate must pay the actual cost of the recount.
    • Costs include payroll costs for state workers necessary to staff the recount.
  • Reimbursement and overpayment:
    • If the candidate overpaid the actual costs, the Department of Secretary of State would reimburse the difference to the candidate.
    • The department would receive revenue from the reimbursed amount into Other Special Revenue Funds; conversely, if the candidate underpaid, the department would collect the shortfall.
  • Fiscal note reference:
    • The bill includes a Preliminary Fiscal Impact Statement noting potential revenue increases or decreases in Other Special Revenue Funds for the Department of Secretary of State, depending on reimbursements and overpayments.

Who Would Be Affected

  • Primary: Candidates who request an election recount.
  • State entities: Department of the Secretary of State (recount staff payroll and related costs would be treated as recoverable costs).
  • Other: State workers who staff recounts (their payroll costs would be eligible for reimbursement if the recount is pursued and the result remains unchanged).

Fiscal Impact (as described in the Fiscal Note)

  • The fiscal note indicates:
    • Potential current biennium revenue increase or decrease to Other Special Revenue Funds, depending on reimbursements and overpayments.
    • If a candidate pays the full actual cost and there is an overpayment, the department would reimburse the difference, affecting revenues and expenditures accordingly.
  • Fiscal note approval date: 2025-04-17.

Procedural Timeline and Context

  • 2025-03-25: Referred to the Committee on Veterans and Legal Affairs.
  • 2025-04-24: Work session; voted ONTP (Ought Not To Pass).
  • 2025-04-29: Reported Out - ONTP.
  • 2025-04-30: Placed in Legislative Files (DEAD) under Joint Rule 310.3.

Additional Context

  • LR 1846(01) accompanies the bill’s fiscal note.
  • Subject area: Elections, Recounts, Voting Procedures.
  • The bill’s status indicates it did not advance to enactment for the current session, but it frames a policy approach to funding recounts that could be revisited in future sessions.

Compiled from official sources — confirm details with the bill’s official record.

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