§ 7-5-615 — Tabulation of votes - Defective ballots - Certification of returns

(a) The counting of votes by electronic vote tabulating devices at the courthouse or other central counting location shall be open to the public, and any candidate or political party may be present in person or by representative designated in writing pursuant to § 7-5-312 to view the counting. (b) No person except those employed and authorized for that purpose shall touch any ballot or return. (c) The election officials at the counting place and all persons operating the electronic vote tabulating devices shall take the same oath required by law for election officials before entering upon their duties. (d) (1) If any ballot is damaged or defective so that it cannot properly be counted by the electronic vote tabulating device, a true duplicate copy shall be made of the damaged ballot. (2) When duplicating a ballot, and in the presence of another election official and designated poll watchers, if any, an election official shall: (A) Reproduce the selections of the voter on a second ballot that is the same ballot style as the ballot cast by the voter; (B) Stamp or write the word "duplicate" on the duplicated ballot; (C) Stamp or write the word "original" on the original damaged or defective ballot; (D) Label both the original damaged or defective ballot and the duplicate ballot with the same unique serial number; (E) Substitute the duplicated ballot for the original damaged or defective ballot; (F) Count the duplicated ballots in the same manner as other ballots in that election; and (G) Secure and separately store the original damaged or defective ballots in the same manner as other ballots in that election. (3) The duplication of a damaged or defective ballot counted at the central counting facility shall be conducted by an election official at the same time and location that ballots with no defects are counted. (4) The duplication of a damaged or defective ballot cast at a polling site shall be delivered securely to the county board of election commissioners to be duplicated by election officials or added to the precinct's count manually on the night of the election. (5) An election official under subdivision (d)(2) of this section shall maintain a recorded count of damaged ballots to be duplicated in the presence of authorized poll watchers, if any, and provide the report to the county board of election commissioners. (e) The return printed by the electronic vote tabulating device, to which the return of write-in, early, and absentee votes have been added, shall constitute the official return of each polling site. All returns shall be certified by the election officials in charge of the tabulation thereof in the manner provided by law. (f) Upon completion of the count, the returns shall be open to the public.

Legislative History

Amended by Act 2023, No. 460,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 444,§ 6, eff. 8/1/2023. Acts 1977, No. 77, § 6; A.S.A. 1947, § 3-1805; Acts 1997, No. 446, § 31; 2003, No. 1154, § 5; 2005, No. 2233, § 46; 2007, No. 835, § 9.