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(a) Procedure. Within five days after the City Council’s declaration of the results of an election, any registered voter of the City, or of the School District in the case of Board of Education elections, may file with the City Clerk a written request to recount all of the votes cast at that election for candidates for any office, or for and against any measure. The request shall set forth the following:
(1) The name and address of the person requesting the recount, together with a statement that the person is a registered voter of the City, or of the Los Angeles Unified School District in the case of a Board of Education election, who voted in the election for which the recount is sought;
(2) The candidate or position on a measure (whether for or against) on behalf of which the recount is sought;
(3) A statement of the facts supporting the basis for the recount.
(4) If the recount requested shall be a manual recount or an electronic recount.
(b) Costs of Recount. Any request for recount shall be accompanied by a bond or cash deposit in a sum specified by ordinance, in a form satisfactory to the City Clerk. The bond or deposit shall be payable to the City of Los Angeles in the event that the recount does not change the result of the election. If the result of an election is changed by the recount, the expense of the recount shall be borne by the City, and the bond or cash deposit shall be returned to the registered voter who requested the recount. The results of an election are considered changed if the identity of any person who had been declared nominated or elected is changed, or if the approval or disapproval of any ballot measure is changed.
(c) Recount Board.The Mayor, the City Attorney and the City Clerk or their designated representatives, shall constitute a recount board. If any of these recount board members is a candidate for the office that is subject to the recount, the City Council shall designate a disinterested registered voter of the City to be a member of the recount board in the place of that recount board member. The recount board shall conduct the recount publicly. The recount shall commence within seven calendar days after the City Clerk’s acceptance of the recount request.
(d) Recount Results. Upon completion of the recount, the recount board shall certify the result to the City Council in writing, and the City Council shall then declare the result. If any candidate who had not been declared nominated or elected is found upon a recount conducted pursuant to Subsection (c) to be entitled to nomination or election, the City Council shall so declare and direct that the proper certificate of nomination or election be issued. If by the recount it is determined that the result of a ballot measure election is different than as already declared, the City Council shall so declare.
(e) Fees and Bonds. It shall be the duty of the City Clerk, at least three months prior to each biennial Primary Nominating Election, to recommend to the City Council the amount of the bond to be required of any registered voter demanding a recount pursuant to this Chapter. It shall be the duty of the City Council, prior to each Primary Nominating Election, to fix the fees and amounts of bonds to cover these items.
(f) This Chapter applies only to elections conducted by the City Clerk.
In addition to the recounts provided for in this Chapter, any registered voter may contest any election at which the voter was entitled to vote by way of a judicial challenge pursuant to the California Elections Code.
After a petition for a recount has been filed and the City Clerk determines that the conditions for the recount have been met, the City Clerk shall immediately select a suitable location open to the public and the City Clerk shall post a notice on the bulletin board of the City Council designating the particular location selected and the time at which the recount will be conducted.
The City Clerk is authorized to employ all clerks necessary to conduct any recount conducted under the provisions of Charter Section 406. All clerks employed under the provisions of this section shall be selected from either present or past regular or as neededemployees of the Election Division, from persons who served as Precinct Board Members, or other persons disinterested with the subject of the recount and the provisions of the Charter respecting the classified Civil Service of the City shall not apply to the persons so employed.
At the beginning of the recount canvass all persons assisting shall take the following oath: “I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of California and the Charter of the City of Los Angeles, and that I will faithfully discharge the duties of the office of (here inserting the name of the office) according to the best of my ability.”