Title 21, Chapter 2, Section 483
(a) In primaries and elections in which optical scanners are used,
the ballots shall be counted at the precinct or tabulating center
under the direction of the superintendent. All persons who perform
any duties at the tabulating center shall be deputized by the
superintendent, and only persons so deputized shall touch any
ballot, 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 the tabulating center and precincts shall be
open to the view of the public, but no person except one employed
and designated for the purpose by the superintendent or the
superintendent's authorized deputy shall touch any ballot or ballot
(c) At the tabulating center, the seal on each container of ballots
shall be inspected, and it shall be certified that the seal has not
been broken before the container is opened. The ballots and other
contents of the container shall then be removed, and the ballots
shall be prepared for processing by the tabulating machines. The
ballots of each polling place shall be plainly identified and cannot
be commingled with the ballots of other polling places.
(d) Upon completion of tabulation of the votes, the superintendent
shall cause to be completed and signed a ballot recap form, in
sufficient counterparts, showing:
(1) The number of valid ballots, including any that are damaged;
(2) The number of spoiled and invalid ballots; and
(3) The number of unused ballots.
The superintendent shall cause to be placed one copy of the recap
form and the defective, spoiled, and invalid ballots, each enclosed
in an envelope, in the ballot supply container.
(e) For any election for which there is a qualified write-in
candidate, the feature on precinct count and central count
tabulators allowing separation of write-in votes shall be utilized.
If any vote cast on the write-in ballot in combination with the vote
cast for the same office on the ballot exceeds the allowed number
for the office, the vote cast for that office only shall not be
counted. In the discretion of the superintendent, either a
duplicate ballot shall be made on which any invalid vote shall be
omitted or the write-in ballot and the ballot shall be counted in
such manner as may be prescribed by State Election Board rules,
omitting the invalid vote.
(f) If it appears that a ballot is so torn, bent, or otherwise
defective that it cannot be processed by the tabulating machine, the
superintendent, in his or her discretion, may order the proper
election official at the tabulating center or precinct to prepare a
true duplicate copy for processing with the ballots of the same
polling place, which shall be verified in the presence of a witness.
All duplicate ballots 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 ballot. The
defective ballot shall be retained.
(g) The precinct tabulator shall be programmed to return to the
voter at the time that the voter inserts the ballot any ballot that
cannot be processed by the tabulator for reevaluation or correction
or spoiling of the ballot, and a new ballot shall be issued if
(h) The official returns of the votes cast on ballots at each
polling place shall be printed by the tabulating machine. The
returns thus prepared shall be certified and promptly posted. The
ballots, spoiled, defective, and invalid ballots, and returns shall
be filed and retained as provided by law.