What Is A "Discovery Recount?"

Rogers Park Bench has the most intelligent readers in the world, for which we are grateful. We've worked hard to weed out the cretins, with an estimated 93.17 percent rate of success. One of our more thoughtful readers, RP, asks an excellent question: What is a discovery recount, and what is its purpose? First, RP's question, then RPB's Legal Studies Department's super fast and highly accurate answer.

RP said... Excellent job on keeping us up with everything. I'm not a ward member (by only a few blocks), but I do find all of the election law portion of this quite interesting. Does anyone know what the purpose of a "Discovery Recount" is? I know Gordon didn't get the 95% of Moore's votes for this, but it states that "it does not change the results for candidate elections." So what is it for, for fun? Now he's got to hope the city council or a court will find enough evidence to do a recount or find him the winner. April 18, 2007 4:45:00 PM CDT

RPB's Legal Studies Department's super fast and highly accurate answer: DISCOVERY RECOUNTS (10 ILCS 5/22-9.1, 24A-15.1) Within five days after the last day for proclaiming the results of the election, any losing candidate who received votes equal to 95% of the number of votes received by any successful candidate for the same office may file a petition for a discovery recount with the election authority. Any five electors of the same area within which votes cast for a public question may file a petition for discovery if the losing side of the question would have prevailed had it received an additional number of votes equal to 5% of the total votes cast. The election authority conducts the discovery recount. The results of a discovery recount cannot be certified and a discovery recount cannot be used to amend or change the abstract of votes or used to deny the successful candidate his election. A discovery recount does not change the results for candidate elections or questions of public policy and the recount cannot be used as a prerequisite for an election contest or prevent an election contest. Ah ha. For more information, click this fancy hyperlink here.