The bill amends Arkansas law to refine the procedures for challenging election results, particularly concerning recounts and election contests. It mandates that candidates must file recount petitions with both the county board of election commissioners and the county clerk, while also allowing at least ten qualified electors who voted in the election to request a recount. The county board is required to notify candidates of a recount within 48 hours and must utilize certified court reporters during the process. Additionally, candidates or electors who do not submit a recount petition or fail to prepay for the recount are barred from filing an election contest. The bill also clarifies that the costs of recounts are the responsibility of the petitioners, with provisions for refunds if the recount changes the election outcome.

Moreover, the bill modifies the appointment process for a special judge in election contests by removing the previous requirement for a committee of qualified electors to make the appointment. Instead, the circuit judge can appoint any attorney as a special judge, who will have the same authority as a regular circuit judge. The bill stipulates that election contests will be reviewed de novo, meaning the circuit court will reassess the actions of the county board during the recount. It also restricts the review of issues not raised during the recount unless they were unknown at that time or if good cause is shown. The circuit court can only overturn the county board's decisions if there is clear and convincing evidence of an incorrect or unjust ruling.

Statutes affected:
SB 430: 7-5-319, 7-5-309(a), 11-4-210, 7-5-804, 7-5-801, 7-5-803, 7-5-804(a)