115.467. Duties of judges after polls close (electronic voting).
Duties of judges after polls close (electronic voting).
115.467. 1. As soon as the polls close in each pollingplace using an electronic voting system, the election judgesshall secure the marking devices against further voting and beginto count the write-in votes. If earlier counting of write-invotes is begun pursuant to section 115.469, the election judgesshall complete the count in the manner provided in this section.Once begun, the count shall not be adjourned or postponed untilall proper write-in votes in the ballot box have been counted.
2. The election judges shall remove the ballot cards fromthe ballot box and separate the ballots with write-in votes fromthose without write-in votes. If there is a separate form forwrite-in votes, all forms on which write-in votes have beenrecorded shall be consecutively numbered, starting with thenumber one, and the same number shall be placed on the ballotcard of the voter. Where tallying of write-in votes is to bedone at the polling place, the election judges shall compare thewrite-in votes with the votes cast on the ballot card. If thetotal number of votes including write-in votes for any officeexceeds the number allowed by law, or if a voter has voted morethan once for the same person for the same office at the sameelection, a notation of the fact shall be noted on the back ofthe ballot card, and it shall be returned with the write-in form,if any, to the counting location in an envelope marked "DEFECTIVEBALLOTS".
3. All proper write-in votes shall be read, recorded andcounted as provided in sections 115.449 and 115.453. No write-invote shall be counted for any candidate for any office whose nameappears on the ballot label as a candidate for the office, exceptwhen more than one person is to be nominated or elected to anoffice. When more than one person is to be nominated or electedto an office, the voter may write in the names of one or morepersons whose names do not appear on the ballot label with orwithout the names of one or more persons whose names do appear.
4. If any ballot card is damaged so that it cannot properlybe counted by the automatic tabulating equipment, the fact shallbe noted on the back of the ballot card and it shall be returnedto the counting location in the envelope marked "DEFECTIVEBALLOTS".
(L. 1977 H.B. 101 § 12.050, A.L. 1978 S.B. 582)