§ 26-8-114. Procedure for recount – Determination of validity of ballots – Watchers and counters.

A.  If a recount is to be conducted using electronic voting devices, the devices used shall be tested for accuracy by the county election board, giving all contestants, or their agents, an opportunity to view the testing procedure.  In conducting a recount using electronic voting devices, the county election board shall open the transfer cases containing regular ballots and counted provisional ballots from each requested precinct or for absentee ballots individually and shall assign the ballots to one or more voting devices operated by persons appointed by the secretary of the county election board.  The county election board shall supervise such counting and its decision shall be final in all cases.  The county election board shall have the authority, by a majority vote, to determine if a ballot is valid and if the ballot should be counted.  Each contestant is entitled to have a watcher present at each place where a voting device is being used.  The watcher shall be limited to a challenge, in writing, of any action taken by operators of the voting devices.  Such challenge shall be made immediately to the county election board, whose decision on the challenge shall be final.

B.  In conducting a manual recount of ballots, the county election board shall open the transfer cases containing regular ballots and counted provisional ballots from each requested precinct or for absentee ballots individually and shall assign the ballots to a group of counters appointed by the secretary of the county election board.  Counters shall then conduct the recount in the same manner as provided by law for counting ballots in Primary, Runoff Primary and General Elections.  The county election board shall supervise such counting and its decision shall be final in all cases.  The county election board shall have the authority, by a majority vote, to determine if a ballot is valid and if the ballot should be counted.  Each candidate affected by or individual petitioning for the recount is entitled to have a watcher present at each place where a count is being made.  The watcher shall be limited to a challenge, in writing, of any decision made by the counters with regard to counting of a ballot.  Such challenge shall be made immediately to the county election board, whose decision on the challenge shall be final.  Each group of counters shall have representation of at least two political parties, where possible.  The counters shall be appointed from among the registered voters of the county and shall meet such qualifications as may be imposed for a precinct inspector, judge or clerk.  Counters shall be paid on the same basis as precinct judges and clerks are paid for Primary, Runoff Primary or General Elections.

Added by Laws 1974, c. 153, § 8-114, operative Jan. 1, 1975. Amended by Laws 1989, c. 289, § 5, emerg. eff. May 24, 1989; Laws 1991, c. 321, § 32, eff. March 1, 1992; Laws 2004, c. 545, § 14, eff. July 1, 2005; Laws 2009, c. 151, § 1, eff. Nov. 1, 2009; Laws 2011, c. 139, § 15.