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Revised Statues - Chapter 32 Elections


32-1021: Precinct counting; checking ballots against sign-in register; excessive ballots; procedure.

(1) In precincts in which the receiving board acts as the counting board after the polls close, the counting board shall open the ballot box and count the ballots without unfolding them. If the whole number of votes cast exceeds the number of persons voting as shown by the sign-in register, the ballots shall be replaced in the ballot box, the box shall be locked, and the ballots shall be thoroughly shaken. The ballot box shall then be opened and one member of the counting board shall draw from the box as many ballots as have been cast exceeding the number as shown by the sign-in register. The ballots withdrawn shall, without unfolding, be placed in a separate envelope. The envelope shall be sealed and marked Excessive Ballots, and the Excessive Ballots envelope shall be sent with other election returns to the election commissioner or county clerk.

(2) In precincts which have a separate counting board, the receiving board shall furnish to the counting board a statement signed by the judges of election which shows the number of ballots that are found in each ballot box as the ballot boxes are exchanged. The counting board shall proceed to determine the number of ballots in the ballot boxes as received and compare the number of ballots to the number shown on the statement furnished by the receiving board. If the number of ballots exceed the number shown on the statement, the ballots shall be replaced in the ballot box, the box shall be locked, and the ballots shall be thoroughly shaken. The ballot box shall then be opened and one member of the counting board shall draw from the box as many ballots as have been cast exceeding the number as shown by the statement. The ballots withdrawn shall, without unfolding, be placed in a separate envelope. The envelope shall be sealed and marked Excessive Ballots, and the Excessive Ballots envelope shall be sent with other election returns to the election commissioner or county clerk.



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