13-15-206. Counting votes -- uniformity -- rulemaking -- definitions. (1) When conducting vote counts as provided by law, a counting board, absentee ballot counting board, or recount board shall count and determine the validity of each vote in a uniform manner as provided in this section.
     (2) A manual count of votes cast on a paper ballot must be conducted as follows:
     (a) One election judge on the board shall read the ballot while the two other judges on the board shall each record on an official tally sheet the number of valid votes cast for each individual or ballot issue. Write-in votes must be counted in accordance with rules adopted pursuant to subsection (7). If a vote has not been cast according to instructions, the entire ballot must be set aside and counted as provided in subsection (4).
     (b) (i) After the vote count is complete, the tally sheets of the two judges recording the votes must be compared.
     (ii) If the two tallies match, the judges shall record in the pollbook:
     (A) the names of all individuals who received votes;
     (B) the offices for which individuals received votes;
     (C) the total votes received by each individual as shown by the tally sheets; and
     (D) the total votes received for or against each ballot issue, if any.
     (iii) If the tallies do not match, the count must be conducted again as provided in this subsection (2) until the two tallies match.
     (3) (a) Except as provided in subsection (3)(b):
     (i) if a vote on a paper ballot or nonpaper ballot is recognized and counted by the system, it is a valid vote;
     (ii) if a vote on a paper ballot or nonpaper ballot is not recognized and counted by the system, it is not a valid vote;
     (iii) write-in votes must be counted in accordance with rules adopted pursuant to subsection (7).
     (b) (i) If a paper ballot being counted by a voting system is rejected by the system or if the system records an overvote or undervote on a ballot, the ballot must be set aside and counted as provided in subsection (4).
     (ii) If an election administrator determines that a voting system is not functioning correctly, the election administrator shall follow the procedures prescribed in 13-16-414.
     (c) After all valid votes have been counted and totaled pursuant to subsection (4) and this subsection (3), the judges shall record in the pollbook the information specified in subsection (2)(b)(ii).
     (4) (a) Each questionable vote on a paper ballot set aside under subsection (2)(a) or (3)(b) must be counted if the voter's intent can be clearly determined and agreed upon by a majority of the election judges on the counting board in accordance with rules adopted pursuant to subsection (7).
     (b) After each questionable vote on a ballot set aside under subsection (2)(a) or (3)(b) has been determined to be a valid vote, an invalid vote, or an intentional nonvote, the valid votes must be counted manually or automatically tabulated by the voting system. If the votes are to be counted manually, the votes must be tallied as provided in subsection (2). If the votes are to be counted using a voting system, all valid votes must be transferred to a ballot that will be accepted by the voting system and tabulated as provided in subsection (3).
     (c) Votes counted pursuant to this subsection (4) and the votes initially counted under subsections (2) and (3) must be totaled.
     (5) A write-in vote may be counted only if the write-in vote identifies an individual by a designation filed pursuant to 13-10-211(1)(a).
     (6) A vote is not valid and may not be counted if the elector's choice cannot be determined as provided in this section.
     (7) The secretary of state shall adopt rules defining a valid vote and a valid write-in vote for each type of ballot and for each type of voting system used in the state. The rules must provide a sufficient guarantee that all votes are treated equally among jurisdictions using similar ballot types and voting systems.
     (8) Local election administrators shall adopt policies to govern local processes that are consistent with the provisions of this title and that provide for:
     (a) the security of the counting process against fraud;
     (b) the place and time and public notice of each count or recount;
     (c) public observance of each count or recount, including observance by representatives authorized under 13-16-411;
     (d) the recording of objections to determinations on the validity of an individual vote or to the entire counting process; and
     (e) the keeping of a public record of count or recount proceedings.
     (9) For purposes of this section:
     (a) "overvote" means an elector's vote that has been interpreted by the voting system as an elector casting more votes than allowable for a particular office or ballot issue; and
     (b) "undervote" means an elector's vote that has been interpreted by the voting system as a nonvote.

     History: En. Sec. 2, Ch. 414, L. 2003.