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17-13-15
Section 17-13-15 When voted ballots container and records of election container may be opened.
After the result has been canvassed and declared by the county executive committee, the sheriff
shall securely keep the voted ballots container and the records of election container in accordance
with state and federal law. The voted ballots container and records of election container
shall not be opened except in one or the other of the following events: (1) In the event of
a contest, where the opening of the container has been authorized under authority of the chair
of the executive committee trying the contest. (2) Where a container has been returned but
no certificate of the result of the election has been sent the chair outside of the container,
the container may be opened by the sheriff in the presence of the chairs, or their designees,
of the county committees for the political parties participating in the primary election,
and the committees, for canvassing purposes, may obtain the...
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17-13-14
Section 17-13-14 Counting of ballots; materials to be sealed; delivery and retention of materials;
posting of certificate of result. (a) No ballot shall be counted until the polls are closed;
and, before counting any ballot or examining the same, the voters' poll list, as provided
in Section 17-9-15, shall be securely sealed in an envelope designated to the appropriate
political party chair and the inspector shall write his or her name across every fold at which
the envelope, if fastened, could be opened. After the counting of the votes is finished and
certificates of the result have been prepared and signed, the inspector shall seal in a separate
voted ballots container all the ballots cast at such election. The following items shall be
placed into a records of election container, which shall then be securely sealed: (1) One
certificate of the results. (2) The spoiled ballot envelope. (3) Clerk's poll list. (4) All
partial ballot pads. (5) Stubs of ballot pads. The inspector shall...
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45-4-111
Section 45-4-111 Electronic voting system authorized; requirements for use. (a) As used in
this section: (1) "Automatic tabulating equipment" shall mean apparatus which automatically
examines and counts votes recorded on paper ballots or ballot cards and tabulates the results.
(2) "Paper ballot" shall mean a printed paper ballot which conforms in layout and
format to the electronic voting system in use. (3) "Ballot card" shall mean a tabulating
card on which votes may be recorded. (4) "Ballot label" shall mean the cards, papers,
booklet, pages, or other material which contain the names of offices and candidates and statements
of measures to be voted on and which are used in conjunction with ballot cards. (5) "Ballot"
shall mean ballot cards or paper ballots. (6) "Counting center" shall mean one or
more locations selected and designated by the county commission or the municipal governing
body, as the case may be, for the automatic counting of ballots in the election. (7) "Electronic...
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17-10-2
Section 17-10-2 Provisional ballots; certification; tabulation; identification of ballots.
(a) A voter shall be required to cast a provisional ballot when: (1) The name of the individual
does not appear on the official list of eligible voters for the precinct or polling place
in which the individual seeks to vote, and the individual's registration cannot be verified
while at the polling place by the registrar or the judge of probate. (2) An inspector has
knowledge that the individual is not entitled to vote at that precinct and challenges the
individual. (3) The individual is required to comply with the voter identification provisions
of Section 17-10-1 but is unable to do so. If the voter's ballot becomes a provisional ballot
due to lack of identification, the identification, including the address and telephone number
of the voter, must be provided to the board of registrars no later than 5:00 p.m. on the Friday
following the election. If the voter fails to provide identification to...
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17-12-12
Section 17-12-12 Returns of election - Sealing, delivery, and disposition of records. After
completing and signing the certificate of result, the election officials shall seal the ballots,
certificates, and other records as follows: (1) Where precinct ballot counters are used: a.
The list of registered voters shall be delivered to the judge of probate for transmittal to
the board of registrars for use by the board of registrars in updating their records. b. The
ballot accounting certificate and the first copy of the certificates of result shall be placed
in an envelope addressed to the judge of probate who shall keep them for public inspection
or election contest, or both. c. All voted ballots shall be placed in a voted ballot box and
sealed. All spoiled ballots, unused ballots, and ballot stubs, one copy of the certificate
of results, and the clerk's poll list (already sealed in a separate envelope) shall be placed
in the records of election container which shall be sealed and signed...
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17-16-1
Section 17-16-1 Preservation of voted ballot containers and records of election containers;
electronic voting specialists. (a) The voted ballot containers and records of election containers
shall remain sealed for the time provided by law for the filing of contests and then shall
have the seal broken only on the order of that body which, under the general provisions of
law, now has charge of and control over voted ballot containers and records of election containers
in that county, municipality, or other political subdivision. If, in the opinion of such body,
a contest has developed or is likely to develop, the containers shall remain sealed until
such time as ordered opened by the court hearing the contest, or until a final determination
of the contest. On the order of any court of competent jurisdiction or on the order of any
legislative body or governing body having jurisdiction over such election, the seal may be
broken for the purpose of proper investigation and when such...
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17-1-2
Section 17-1-2 Definitions. For the purposes of this title, the following terms shall have
the definitions ascribed to them: (1) APPOINTING BOARD. In all elections the appointing board
consists of the judge of probate, circuit clerk, and sheriff of the county. (2) BALLOT. The
term includes paper ballots and electronic ballots. (3) BALLOT CONFIGURATION. The particular
combination and arrangement of offices, candidates, and questions for a precinct or subdivision
thereof. (4) BEAT. Has the same meaning as precinct. (5) BOX. The voting place in a precinct
or subdivision of a precinct for voting purposes. (6) CANVASSING BOARD. In all elections except
primary elections, the canvassing board consists of the judge of probate, circuit clerk, and
sheriff of the county. In primary elections, the county executive committee of the party is
the canvassing board for the primary of the party. (7) CENSUS BUREAU. The Bureau of the Census
of the United States Department of Commerce, or any successor...
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17-13-18
Section 17-13-18 Candidate with majority of votes declared nominee of party; second primary
election; certification of results. (a) At the respective meetings of the respective executive
committees, the county executive committee, as to candidates in the primary election for office,
except candidates for county office, shall publicly ascertain, determine, and declare whether
any candidate for office in the primary election has received a majority of the votes cast
for the office, and, if so, declare the candidate the nominee of the party for the office
for which he or she was a candidate and for which he or she received a majority of the votes
cast for that office in the primary election. (b) If no candidate receives a majority of all
of the votes cast in such primary election for any one office or offices for the nomination
to which there were more than two candidates, then there shall be held a second primary election
on the fourth Tuesday following the primary election, and the...
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45-2-234.07
Section 45-2-234.07 Sheriff's Office Personnel Appeals Board - Nomination and election of members.
(a) The personnel officer shall notify all classified employees that nominations for membership
on the board will be accepted for a period of 10 days from that date and instructing all interested
classified employees to submit nominations to the personnel officer of the sheriff's office
within that period. Nominations shall be limited to persons who are merit employees of the
sheriff's office. (b) The personnel officer shall compile a list of the nominations and cause
ballots to be prepared and distributed to all classified employees, other than appointed officials,
and shall instruct all classified employees of their right to vote for one name contained
on the list of nominees. (c) The employees shall be instructed to tender their ballots in
sealed envelopes to the personnel officer who shall make appropriate arrangements for their
tabulation. Upon tabulation of the ballots, the...
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17-16-21
Section 17-16-21 Recount procedures. (a) Any person with standing to contest the election under
Sections 17-16-40 and 17-16-47 may petition the canvassing authority for a recount of any
or all precinct returns. The time period for requesting a recount begins with the production
of the certificate of result and ends 48 hours after the official canvass of county returns.
The canvassing authority is the canvassing board in general elections and the county executive
committee in a party primary. The petitioner must be prepared to pay the cost of the recount
and shall give security to cover these costs. The canvassing authority shall set the amount
of the security based upon an estimate of actual costs. The costs shall be kept to a minimum
by using county personnel or volunteer workers whenever possible. However, the recount must
be conducted under the supervision of a trained and certified precinct election official.
Representatives of opposing interests shall be given at least 24 hours'...
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