17-12-11
Section 17-12-11 Returns of election - How made; duty of judge of probate. One copy of the
certificate of the result of the election shall be signed by the inspector and enclosed in
an envelope, which shall then be securely sealed, and the inspector shall write his or her
name across every fold at which the envelope, if unfastened, could be opened. The envelope,
with certificate enclosed, shall be at once delivered to the judge of probate in the condition
received. The judge of probate shall keep and preserve the same unopened until the canvassing
board meets to ascertain the result of the election. In case of loss, mutilation, or absence
of the original certificate of the result of the election by the inspectors of any voting
place, the envelope shall be opened, and the copy therein shall be accepted as a certificate
of the result of the election for that voting place. The judge of probate shall preserve a
copy of the sealed election returns as a public record at least one year from...
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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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17-12-12
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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17-10-2
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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17-12-16
Section 17-12-16 Certification of results. Immediately after ascertaining the results of an
election for county officers, including members of the House of Representatives of the Legislature,
the canvassing board must make in writing a public certification of the result, stating the
name of each officer elected and the office to which elected. The certification must be signed
by at least two of the members of the canvassing board and must be published by filing the
original in the office of the judge of probate, by posting a copy thereof at the courthouse
door, and by immediately transmitting a copy to the Secretary of State by fax or electronic
transmission. The original certificate shall be recorded by the judge of probate in a book
to be provided for the purpose; and the record, or a duly certified copy thereof, shall constitute
prima facie evidence of the result of the election and the certification thereof as provided
by law. (Code 1876, §292; Code 1886, §388; Code 1896, §1645;...
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11-46-52
Section 11-46-52 Closing of polls; locking of machines; announcement of results; statements
of canvass; proclamation; disposition of voting materials. (a) When the time arrives for closing
the polls, all qualified voters who are then waiting within the voting room to vote shall
be permitted by the election officers to do so. As soon as the last voter has voted and the
poll closed, the election officials shall immediately lock the machines against voting. (b)
The election officials shall then sign a certificate stating that the machine was locked and
sealed, giving the exact time. Such certificate shall also state the number of voters shown
on the public counters, which shall be the total number of votes cast on such machine in that
ward, the number on the seal, and the number registered on the protective counter. (c) The
election officials shall then open the counting compartment in the presence of the watchers
and of at least one representative of any newspaper or press association...
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11-41-6
Section 11-41-6 Report of election result to probate judge; issuance and recordation of order
approving report and election result; vacancies; setting aside, etc., of elections; record
and costs of incorporation proceedings and elections. Within five days after such election,
inspectors shall report the result of the election to the judge of probate, who may enter
an order confirming and approving the election and report, and, in that event, the officers
shown by such report to have been elected shall, upon the recording of such order, be entitled
to hold office until the next general municipal election and until their successors are elected
and qualified. If any person fails to qualify within 30 days after he shall have been declared
elected, the judge of probate may appoint some person to fill such vacancy. The judge of probate
may, for fraud or material irregularities, set either of such elections aside and order another
election in like manner to be held by the same or other...
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11-41-4
Section 11-41-4 Certification of election result to probate judge; census enumeration of inhabitants;
issuance, recordation, and filing of order of incorporation; filing fee. Within five days
after the election, the inspectors must certify the result to the judge of probate, who must,
if a majority of the votes cast at the election are for "corporation," cause an
enumeration of the inhabitants residing within such territory to be made by such inspectors
or other persons appointed by him and, within three days after such enumeration has been completed
and returned to him, shall make an order to be entered of record in the minutes of the court
that the inhabitants of such territory are incorporated as a town or city, as the case may
be, by the name and with the boundaries shown by the petition, whereupon such town or city
shall be vested with the rights and powers incident to such corporations granted in this title.
The judge of probate shall file, within 10 days after its issuance, a...
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11-16-25
Section 11-16-25 Preparation, recordation, filing, and publication of certified copy of election
result. The board of commissioners upon the conclusion of canvassing said returns shall certify
in writing the result of said election, a copy of which shall be filed and recorded in the
office of the judge of probate of the county and another copy published by at least one insertion
in a newspaper published in the county if there be such newspaper. (Code 1907, §197; Code
1923, §289; Code 1940, T. 12, §252.)...
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17-12-9
Section 17-12-9 Delivery of certificates to judge of probate; forwarding to Secretary of State.
The canvassing board must, as soon as they have ascertained the result of an election, make
on forms furnished by the Secretary of State certificates stating the exact number of votes
cast in the county by voting place for each person voted for and the office for which such
person was voted for, and file the certificates with the judge of probate who must immediately
forward such certificate to the Secretary of State. (Code 1876, §292; Code 1886, §389; Code
1896, §1646; Code 1907, §435; Code 1923, §525; Code 1949, T. 17, §209; Acts 1988, 1st
Ex. Sess., No. 88-908, p. 482, §1; §17-13-7; amended and renumbered by Act 2006-570, §56.)...

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