§ 26-1052 — Number of votes required

A. A person shall not be convicted of any offense except as provided in section 26-1045 or by the concurrence of two-thirds of the members present at the time the vote is taken.

B. All sentences shall be determined by the concurrence of two-thirds of the members present at the time the vote is taken.

C. All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.