§ 26-22-104. Method of counting.

A.  In a declared election emergency when the ballots are counted manually, the counting of ballots shall be conducted in accordance with the requirements of Sections 7-127 and 22-105 of this title and the procedure prescribed by the Secretary of the State Election Board so as to ensure accuracy and promptness in determining the result.  Provided, however, that the following provisions shall be incorporated into the prescribed procedure:

1.  In elections for which counters have been authorized, two counters, of different political parties if possible, shall call from the ballots the names of the candidates voted for, while two other counters, also of different political parties if possible, shall record the votes upon the official tally sheets.  Only pencils may be used in recording the vote;

2.  If only two counters are authorized for an election, they shall be of different political parties, if possible.  Both counters shall examine the ballots at the same time, while calling out the vote and recording the vote upon the tally sheets in the manner prescribed by the Secretary of the State Election Board; and

3.  If no counters are authorized for an election, the judge and clerk shall count the ballots cast in the precinct, and the county election board chair and vice-chair shall count the absentee ballots.

B.  In a declared election emergency when ballots are to be counted with voting devices, the counting of ballots shall be conducted in accordance with the requirements of Sections 7-127 and 22-105 of this title and the procedures prescribed by the Secretary of the State Election Board so as to ensure the accuracy and promptness in determining the result.

C.  It shall be unlawful for any person to divulge the progress of the count until after all ballots have been counted and the results of the count have been certified.

Added by Laws 1991, c. 321, § 44, eff. March 1, 1992.  Amended by Laws 2011, c. 139, § 20.