25-4611. Procedure when polls are closed; comparison count; ballots to counting location; public counting; manual count, when; advance voting ballots; printing and posting of tabulated return.
25-4611
25-4611. Procedure when polls are closed; comparisoncount; ballotsto counting location; public counting; manual count, when; advance votingballots;printing and posting of tabulated return.(a) As soon as the polls are closed, the supervisingjudge shallcount the number of ballots or envelopescontainingballots that have been cast to determine that the number of ballotsequals the number of voters shown on the poll book. Ifthere is a discrepancy, this fact shall be reported in writing to thecounty election officerwith the reasons therefor if known.
(b) The election judge shall place all ballots that have been cast inthe container provided for the purpose, which shall be sealed and deliveredby two election board members who shall not be of the samepolitical party, tothe counting location together with the provisional, unused, void anddefective ballots andreturns.
(c) All proceedings at the counting location shall be under the directionof the county election officer and under the observation of two electionboard members who shall not be of the same political partyand shall be open tothe public, but no persons except those employed and authorized for thepurpose shall touch any ballot, ballot container or return. If any ballotis damaged or defective so that it cannot properly be counted by the opticalscanning equipment, it shall be counted manually.
(d) Advance voting ballots may be counted by the opticalscanning equipmentif they have been marked in a manner which will enable them to be properlycounted by such equipment.If any advance voting ballot is damaged or defective so that it cannotproperly be counted by the optical scanning equipment, it shall be countedmanually.
(e) The return printed by the optical scanning equipment, to which hasbeen added the return of write-in and advance voting votes andmanually countedvotes, shall constitute the official return of each precinct or voting area.Upon completion of the count the returns shall be open to the public. Acopy of the returns shall be posted at the office of the county electionofficer.
(f) If for any reason it becomes impracticable to count all or a partof the ballots with optical scanning equipment, the county election officermay direct that they be counted manually, following as far as practicablethe provisions governing the counting of paper ballots.
History: L. 1982, ch. 158, § 11;L. 1995, ch. 192, § 50;L. 2007, ch. 125, § 31; July 1.