§ 31-10-610 — Counting paper ballots

(1) In precincts which use paper ballots,
as soon as the polls at any election have finally closed, the judges shall
immediately open the ballot box and proceed to count the votes polled, and the
counting thereof shall be continued until finished before the judges of election
adjourn. They shall first count the number of ballots in the box. If the ballots are
found to exceed the number of names entered on the pollbook, the judges of
election shall then examine the official endorsements upon the outside of the
ballots without opening the same, and if, in the unanimous opinion of the judges,
any of the ballots in excess of the number on the pollbook do not bear the proper
official endorsement, they shall be put into a separate pile by themselves, and a
separate record and return of the votes in such ballots shall be made under the
head of excess ballots. When the ballots and the pollbook agree, the judges of
election shall proceed to count the votes. Each ballot shall be read and counted
separately, and every name separately marked as voted for on such ballot, where
there is no conflict to obscure the intention of the voter, shall be read and marked
upon the tally sheets before any other ballot is proceeded with. The entire number
of ballots, excepting excess ballots, shall be read and counted and placed upon
the tally sheets in like manner. When all of the ballots, excepting excess ballots,
have been counted, the judges of election shall estimate and publish the votes.

(2) When all the votes have been read and counted, the ballots, together with
one of the tally lists, shall be returned to the ballot box, and the opening shall be
carefully sealed, and each of the judges shall place his initials on said seal. The
cover shall then be locked and the ballot box delivered to the clerk as provided in
section 31-10-614.

(3) All persons, except judges of election and watchers, shall be excluded
from the place where the counting is being carried on until the count has been
completed.

Legislative History

Source: L. 75: Entire title R&RE, p. 1051, � 1, effective July 1. L. 81: (1) and (3) amended, p. 1504, � 23, effective July 1.