§ 7-5-603 — Counting paper ballots

When paper ballots are to be counted, the following procedures shall be followed: (1) (A) In counting the paper ballots, the ballot box shall be opened and each paper ballot shall be counted in turn or by counting by offices and issues by first being run through a tabulation device before any hand count is conducted. (B) The poll workers shall witness the counting of the paper ballots and shall keep separate tally lists of the votes cast for each candidate or issue on the paper ballot by precinct. (C) The tabulated results shall be posted at each polling site prior to the completion of the hand count of the paper ballots; (2) (A) After being run through a tabulation device, the paper ballots shall be placed in a sealed double-locking hard shell ballot box for transport to the designated hand count location and the seal initialed by a minimum of two (2) election officials. (B) Each county board of election commissioners shall designate the hand count location thirty (30) days before an election. (C) A minimum of two (2) election officials shall transport the paper ballots to the hand count location. (D) All ballots from voting machines used for compliance with the Equal Access to Voting Rights Act, Pub. L. No. 98-435, the Americans with Disabilities Act, Title II of Pub. L. No. 101-336, and the Help America Vote Act of 2002, Pub. L. No. 107-252, shall be counted with the hand-counted paper ballots. (E) All paper ballots shall be stored in a secure location approved by the county board of election commissioners when not in use by a poll worker performing the hand count of the paper ballots; (3) (A) When two (2) or more paper ballots are found folded together, it shall be considered as conclusive evidence the paper ballots are fraudulent and neither of the paper ballots shall be counted. (B) If a paper ballot is found to contain marks for more than the maximum allowable number of candidates in any one (1) contest, the contest shall be considered overvoted, and it shall be the responsibility of the county board of election commissioners to determine the voter's intent; (4) (A) Upon the close of the polls, the poll workers immediately shall certify and attest the list of voters and continue the count to completion, within twenty-four (24) hours of the close of the polls, and with no significant breaks in the counting process. (B) (i) A hand count of paper ballots shall be completed a minimum of twenty-four (24) hours before the certification deadline. (ii) If the hand count of paper ballots is not completed a minimum of twenty-four (24) hours before the certification deadline, the machine tabulated results under subdivision (1) of this section shall be the certified results of the election. (C) (i) If a poll worker becomes sick or incapacitated from any other cause, the remaining poll workers shall continue the count until it is completed. (ii) The county board of election commissioners shall ensure there is a minimum of four (4) poll workers available to continue the count. (D) All hand-count paper ballot totals shall be recorded by race in each precinct, and posted at the designated hand-count location upon the completion of the hand count of the paper ballots; (5) A minimum of two (2) poll workers are required to verify the vote on each hand-counted paper ballot; (6) After the count is completed, the poll workers shall make out the certificates of election in triplicate and immediately post one (1) copy outside the polling site; and (7) (A) (i) The counting of paper ballots shall be open to the public. (ii) The public shall maintain a minimum distance of three feet (3') from the poll workers counting the paper ballots. (iii) If sufficient room to maintain a minimum distance of three feet (3') from the poll workers counting the paper ballots may not be achieved, the candidate, the candidate's designated or authorized representative, and designated or authorized representatives of the political parties shall be given priority viewing by the county board of election commissioners. (B) Any candidate or political party may be present in person or by representative designated in writing under § 7-5-312 at the count of the paper ballots in any election for the purpose of determining whether or not the paper ballots in any election precinct are fairly and accurately counted. (C) The candidate in person or an authorized representative of the candidate or political party shall be permitted, upon a request's being made to a poll worker, to inspect any or all paper ballots after the paper ballots have been counted.

Legislative History

Amended by Act 2023, No. 743,§ 3, eff. 4/12/2023. Amended by Act 2023, No. 350,§ 4, eff. 3/21/2023. Amended by Act 2023, No. 350,§ 3, eff. 3/21/2023. Acts 1977, No. 77, § 8; A.S.A. 1947, § 3-1807; Acts 2005, No. 2233, § 35; 2009, No. 1480, § 37.