1-10.5-108. Method of recount.

(1) The recount shall be of the ballots cast, and the votes shall be recorded on sheets other than those used at the election.

(2) Unless otherwise directed by the secretary of state, the ballots cast shall be recounted utilizing the same procedures, methods, and processes that were utilized for the original count of the ballots cast.

History

Source: L. 99: Entire article added with relocations, p. 487, § 13, effective July 1. L. 2001: Entire section amended, p. 301, § 4, effective August 8.

^^^^^^^^^^^^^^^^^^^^

Paragraph (1) is simply telling clerks to set aside all your old you old notes

Paragraph (2) is where the SoS or somebody in elections at the state could maybe say that they could be counted in some other way. I believe that they are following the as interpreted by the attorney general. If that is concrete remains to be seen.

^^^^^^^^^^^^^

1-10.5-102. Recounts for congressional, state, and district offices, state ballot questions, and state ballot issues.

(3) Prior to any recount, the canvass board shall choose a precinct at random and a test number of ballots on which to conduct a machine count and hand count of ballots. The precinct chosen shall have at least fifty ballots for the count. If the results of the machine count and the hand count are identical, then the recount shall be conducted in the same manner as the original ballot count.

1-10.5-106. Request for recount by interested party - definitions.

[[ed note – in section (2) of this is a long explanation of the responsibility of cost to the person or group that requests a recount if one is not required. A proponent of a hand count might argue that since they are paying for it, they could demand a hand count entirely. Not sure how this would stand up, but it could be worth some investigation.]

1-10.5-109. Challenge of recount

says who can stop a recount, and that the remedy is replacement of the officials doing the recount. It doesn’t address the method.

Look around, read the references to case law history. See if something strikes your fancy.