1-10.5-110. Procedures for recount on direct recording electronic voting equipment.

["Paul Tiger" <tigerp@xxxxxxxxx>]

1-10.5-110. Procedures for recount on direct recording electronic voting
equipment.
Statute text
(1) Any recount procedure for votes cast on direct record electronic voting
machines adopted by a designated election official shall:
(a) Be submitted in writing to the secretary of state; and
(b) Provide for an electronic recount of votes cast on such voting machine
as prescribed by this section.
(2) A recount of votes cast on direct record electronic voting machines
shall include early voting, election day voting, and election day emergency
voting. The designated election official shall produce a recount report that
shall include, but shall not be limited to, the following:
(a) A summary of the recount results;
(b) Political subdivision recount results; and
(c) Precinct recount results.
(3) All recounts of votes cast on direct record electronic voting machines
shall be conducted using electronic ballot images. As used in this section,
"ballot image" means a record of each vote cast by a voter that is stored on
a removable memory device contained in such voting machine. All ballot
images shall be randomized in such voting machine to assure voter anonymity.
(4) All recounts of votes cast on direct record electronic voting machines
shall retabulate vote totals from individual ballot images. Tabulating
incremented or summary vote totals from individual direct record electronic
voting machines shall not constitute a recount for purposes of compliance
with this section.
(5) Before any recount of votes cast on direct record electronic voting
machines, the designated election official shall store or record all
previous preelection, official election, or postelection tabulations of
votes cast on such voting machine on an external device such as a diskette,
tape, or compact disc.
(6) No tabulation system software utilized by a designated election official
to perform a recount of votes cast on a direct record electronic voting
machine shall delete any previously tabulated results from such voting
machine, including preelection, official election, or postelection
tabulations of votes cast, in order to perform the recount.
(7) If the retabulation of ballot images from a removable memory device is
impossible due to destruction, loss, or any other reason, the audit trail
from the direct record electronic voting machine from which such device was
removed shall be copied to a new transfer device and the ballot images shall
then be recounted by the tabulation system software.
(8) After all of the ballot images from all of the removable memory devices
used in the election have been retabulated by the tabulation system
software, the designated election official shall produce the recount reports
described in subsection (2) of this section to determine if the recount
results and official election results match.

Source: L. 2000: Entire section added, p. 1727, § 2, effective July 1.