Title 21, Chapter 2, Section 471
( 21-2-471)
(a) In primaries and elections in which vote recorders have been
used, the ballot cards shall be counted at one or more tabulating
machine centers under the direction of the superintendent. All
persons who perform any duties at a tabulating machine center shall
be deputized by the superintendent, and only persons so deputized
shall touch any ballot card, container, paper, or machine utilized
in the conduct of the count or be permitted to be inside the area
designated for officers deputized to conduct the count. (b) All proceedings at a tabulating machine center or other
locations designated by the superintendent as provided in subsection
(c) of this Code section shall be open to the view of the public,
but no person except one employed and designated for the purpose by
the superintendent or his or her authorized deputy shall touch any
ballot cards or ballot card container. (c) At a tabulating machine center or such other location or
locations designated by the superintendent for this purpose, the
seal on each container of ballot cards shall be inspected, and it
shall be certified that the seal has not been broken before the
container is opened. In no event shall a ballot container be opened
at such other location or locations. The ballot container shall
only be opened and the ballots counted at a tabulating machine
center. The ballot cards and other contents of the container shall
then be removed, and the ballot cards shall be prepared for
processing by the tabulating machine. The ballot cards of each
polling place shall be plainly identified and not commingled with
the ballot cards of other polling places. (d) Each write-in vote shall be examined to ascertain whether it is
valid by checking with the vote cast on the ballot card by the same
elector. If any vote cast on the write-in ballot in combination
with the vote cast for the same office on the ballot card exceeds
the allowed number for the office, the entire vote cast for that
office shall be marked void and shall not be counted. In the
discretion of the superintendent, either a duplicate ballot card
shall be made on which any invalid vote shall be omitted or the
write-in ballot and the ballot card shall be counted in such manner
as may be prescribed by State Election Board rules, omitting the
invalid vote. (e) If it appears that a ballot card is so torn, bent, or otherwise
defective that it cannot be processed by the tabulating machine, the
superintendent, in his or her discretion, may either order that the
ballot card be counted in the same manner as paper ballots are
counted or order the proper election official at the tabulating
center to prepare a true duplicate copy for processing with the
ballot cards of the same polling place, which shall be verified in
the presence of a witness. All duplicate cards shall be red in
color, shall be clearly labeled by the word "duplicate," shall bear
the designation of the polling place, and shall be given the same
serial number as the defective card. The defective ballot card shall
be attached to the duplicate and shall remain therewith at all times
except for that period of time during which it is being processed by
the tabulating machine. (f) The official returns of the votes cast on ballot cards at each
polling place shall be printed by the tabulating machine, to which
shall be added the votes of absentee electors and write-in votes.
The returns thus prepared shall be certified and promptly posted as
provided by this chapter for paper ballots. The official returns for
the primary or election may be printed by the tabulating machine, to
which are added the tally of write-in and absentee votes, and shall
be canvassed and certified as provided by this chapter. The ballot
cards, write-in ballots, spoiled, defective, and invalid ballot
cards, and returns shall be filed and retained in the same manner as
provided by this chapter for paper ballots. (g) The final canvass of the votes cast on vote recorders and
counted by tabulating machines in a primary or election may be made
by adding the results as determined by the superintendent to the
results of the canvass of votes cast by absentee electors and
write-in votes and making the statement of the vote in the manner
provided for the particular primary or election. If paper ballots
or voting machines are used in part of the county for all or a part
of the primary or election, such votes shall be canvassed in the
manner provided by this chapter and shall be added to the votes cast
on ballot cards as provided by this chapter. |