Sec. 33.12.05.03. Using Tabulating Equipment  


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  • A. Scope. This regulation applies when the petitioner specifies that the ballots are to be recounted on vote tabulating equipment.

    B. Preparation. The election director shall:

    (1) Where applicable, prepare the tabulating unit certified for use in the State;

    (2) Assemble all materials needed to conduct the recount; and

    (3) Appoint the special teams needed for the recount, assigning a team identifier to each (for example, "Team A", "Team B", etc.).

    C. Precount Testing. Immediately before ballots are recounted, the election director shall assign a special team to conduct the appropriate logic and accuracy test.

    D. Issuing Ballots.

    (1) The election director shall then:

    (a) Issue ballots for recounting to the special teams; and

    (b) Record in the recount log:

    (i) The team identifier;

    (ii) The ballots issued to the team; and

    (iii) Later, the ballots returned by the team.

    (2) Each team may be issued the ballots of only one precinct at a time.

    (3) The ballots shall be issued to a team in batches consisting of a controllable number of ballots (for example, 25).

    E. Recount Procedure.

    (1) Each special team shall:

    (a) Retabulate the ballots for the precinct assigned;

    (b) Record the vote totals from the precinct on the precinct tally sheet;

    (c) Sign the precinct tally sheet; and

    (d) Give the precinct tally sheet and retabulated ballots to the election director.

    (2) The election director shall then:

    (a) Recalculate the totals on the precinct tally sheets; and

    (b) Enter those totals on the contest tally sheet.

    F. Securing Materials. After each precinct has been recounted, the election director shall:

    (1) Secure the ballots from that precinct;

    (2) Invite all interested parties to verify the security; and

    (3) Place the ballots in a locked area.

    G. Certification.

    (1) After all precincts have been recounted, the election director shall:

    (a) Complete and sign the contest tally sheet; and

    (b) Present the contest and precinct tally sheets to the local board.

    (2) The board shall:

    (a) Recalculate the totals reported on the contest tally sheet; and

    (b) If the totals are correct, sign the recount certification statement on the contest tally sheet.