16-645. Canvass and return of precinct vote; declaring nominee of party; certificate of nomination; write-in candidates

1. When the board of supervisors, or the governing body of a city or town, has completed its canvass of precinct returns, the person having the largest number of votes, or if more than one candidate is necessary, those candidates to the required number who have received the largest number of votes for the nomination for an office in the political party of which he was set forth on the ballot as a candidate for the nomination, shall be declared the nominee of the party for that office and shall be given a certificate of nomination therefor by the board or governing body, which shall entitle him to have his name placed upon the official ballot at the ensuing election as the nominee of the party for the office. When canvassing write-in votes the apparent intent of the voter shall be taken into consideration to the extent possible.

2. The board of supervisors shall deliver the canvass to the secretary of state within ten days after the primary election, and the secretary of state shall on or before the second Monday following the primary election canvass the return and issue the certification of nomination as provided in this section to the nominees who filed nominating petitions and papers with the secretary of state pursuant to section 16-311, subsection D.

3. A certificate of election shall not be issued to a write-in candidate for precinct committeeman unless he receives a number of votes equivalent to at least the same number of signatures required by section 16-322 for nominating petitions for the same office.

4. Except as provided in subsection C of this section, a certificate of nomination shall not be issued to a write-in candidate of a party which has not qualified for continued representation on the official ballot pursuant to section 16-804 unless he receives a plurality of the votes of the party for the office for which he is a candidate.

5. Except as provided by subsection C of this section, a certificate of nomination shall not be issued to a write-in candidate of a party qualified for continued representation on the official ballot unless he receives a number of votes equivalent to at least the same number of signatures required by section 16-322 for nominating petitions for the same office.

6. A certificate of election shall not be issued to presidential electors who are pledged to a write-in candidate for president unless that candidate received the highest number of votes cast for the office of president.

WARNING - The above text was curent June 2003, but may be outdated now.