§ 44-3278. Number of votes required.

A.  No person may be convicted of an offense except as provided in Section 48 of this act or by the concurrence of two-thirds (2/3) of the members present at the time the vote is taken.

B.  All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.  A tie vote on a challenge disqualifies the member challenged.  A tie vote on a motion relating to the question of the accused’s sanity is a determination against the accused.  A tie vote on any other question is a determination in favor of the accused.

Added by Laws 2007, c. 86, § 56, eff. Nov. 1, 2007.