HB113.html

Code Section 21-2-495 of the Official Code of Georgia Annotated, relating to procedure for recount or recanvass of votes, is amended by striking subsection (c) of that Code section in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c)(1) Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in an election or who has been declared eligible for a run-off primary or election, and the number of votes received by any other candidate or candidates not declared so nominated or elected or eligible for a runoff shall be not more than 1 percent of the total votes which were cast for such office therein, any such candidate or candidates receiving a sufficient number of votes so that the difference between his or her vote and that of a candidate declared nominated, elected, or eligible for a runoff is not more than 1 percent of the total votes cast, within a period of five days following the certification of the election results, shall have the right to a recount or recanvass, as appropriate, of the votes cast, if such request is made in writing by the losing candidate. If the office sought is a federal or state office voted upon by the electors of more than one county, the request shall be made to the Secretary of State who shall notify the superintendents of the several counties involved of the request. In all other cases, the request shall be made to the superintendent. The superintendent or superintendents shall order a recount or recanvass, as appropriate, of such votes to be made immediately. If, upon such recount or recanvass, it is determined that the original count was incorrect, the returns and all papers prepared by the superintendent, the superintendents, or the Secretary of State shall be corrected accordingly and the results recertified.
(2) Whenever the difference between the number of votes received by a candidate in a primary or election who has been declared eligible for a run-off primary or election and the number of votes required to win such primary or election without a runoff shall be not more than 1 percent of the total votes which were cast for such office therein, such candidate or candidates receiving a sufficient number of votes so that the difference between his or her vote and the number of votes required to win without a runoff is not more than 1 percent of the total votes cast, within a period of five days following the certification of the election results, shall have the right to a recount or recanvass, as appropriate, of the votes cast, if such request is made in writing by such candidate. If the office sought is a federal or state office voted upon by the electors of more than one county, the request shall be made to the Secretary of State who shall notify the superintendents of the several counties involved of the request. In all other cases, the request shall be made to the superintendent. The superintendent or superintendents shall order a recount or recanvass, as appropriate, of such votes to be made immediately. If, upon such recount or recanvass, it is determined that the original count was incorrect, the returns and all papers prepared by the superintendent, the superintendents, or the Secretary of State shall be corrected accordingly and the results recertified."