115.477. Ballot cards, procedure for counting (electronic voting).

Ballot cards, procedure for counting (electronic voting).

115.477. 1. In each jurisdiction using an electronic votingsystem, all proceedings at the counting location shall be underthe direction of the election authority. The election authorityshall appoint two judges, one from each major political party, tobe present and observe the count. The counting shall be open tothe public, but no persons, except those employed and authorizedfor the purpose, shall touch any ballot, ballot container orreturn.

2. All ballot cards shall be counted in order by pollingplace. The automatic tabulating equipment shall produce a returnshowing the total number of votes cast for each candidate and oneach question at each polling place and in the jurisdiction as awhole.

3. If any ballot is damaged and cannot be properly countedby the automatic tabulating equipment, it may be handcounted inthe manner provided for absentee ballots, or a true duplicatecopy may be made of the defective ballot. If any ballot containsa number of votes and write-in votes for any office which exceedsthe number allowed by law, it may be handcounted in the mannerprovided for absentee ballots, a true duplicate copy be madewhich does not include the invalid votes or, at the discretion ofthe election judges, a self-adhesive removable label, sensitized,may be placed over any mark to allow the ballot to be processedthrough the automatic tabulating equipment. The duplication ofeach ballot shall be closely observed by two election judges oremployees of the election authority, one from each majorpolitical party. Each duplicate ballot shall be clearly labeled"duplicate", shall bear a serial number which shall be recordedon the defective ballot, and shall be counted in lieu of thedefective ballot.

(L. 1977 H.B. 101 § 12.070, A.L. 1979 S.B. 275)