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17-16-45
Section 17-16-45 Examination of ballots, voting equipment, etc. In all election contests other
than political party primaries or runoffs, any person or candidate involved in the contest
is entitled to make an examination of the ballots cast, given, or rejected in the election,
to make an examination of the voting equipment used in the election, and to make an examination
of voting machine computations or printouts. (Acts 1989, No. 89-877, p. 1757, §1; §17-8-45;
amended and renumbered by Act 2006-570, p. 1331, §83.)...
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17-16-46
Section 17-16-46 Procedure for examination of ballots, voting machines, etc.; bond. In all
election contests involving elections other than party primaries or runoffs: (1) The examining
person or candidate seeking to examine the ballots, electronic voting machines, or electronic
voting machine computations or printouts must move, within 10 days of the filing of the contest,
the court before whom the election contest is pending for an examination. The court shall
set a hearing on the motion for examination which must take place within 10 days after service
of the motion on the parties and candidates involved in the election contest. The hearing
shall be held to determine the procedures to be used for the examination and the court shall,
within five days after the hearing, set forth the procedures for the examination. Absent a
subsequent court order extending the time for reasonable cause shown, the examination must
be finished within 15 days of the court order which sets forth the...
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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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17-9-35
Section 17-9-35 Preservation of ballots and records of voting machines. THIS SECTION WAS AMENDED
AND RENUMBERED AS SECTIONS 17-16-1 AND 17-12-23 BY ACT 2006-570 IN THE 2006 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2007. The voting machines shall remain locked against voting 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 ballot boxes in that county, municipality or other political subdivision, and if, in
the opinion of such body, the contest has developed or is likely to develop, shall remain
locked until such time as ordered opened by the court hearing the contest, or until a final
determination thereof; provided, that 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...
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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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17-7-21
Section 17-7-21 Requirements for approval of system. (a) The governing body of any county or
municipality or other political subdivision of the state by adoption of an appropriate resolution,
may authorize, adopt, and direct the use of electronic vote counting systems for use in all
elections held in such county or municipality or other political subdivision or any portion
thereof; and such resolution, a copy of which shall be filed with the Secretary of State,
shall specify the particular type of equipment to be used and a procedure for implementation.
(b) Notwithstanding subsection (a), no electronic vote counting system shall be used unless
it has been constructed so that it: (1) Permits and requires voting in secrecy. (2) Permits
each elector to vote at any election for all persons and offices for whom and for which he
or she is lawfully entitled to vote; to vote for as many persons for an office as he or she
is entitled to vote for; and to vote for or against any question upon...
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17-4-35
Section 17-4-35 Supervisor of Voter Registration. The Supervisor of Voter Registration shall
be employed by the Secretary of State under the terms and conditions of the state Merit System
and the salary and benefits shall be set by the Secretary of State out of funds appropriated
for such purpose. The Supervisor of Voter Registration shall work at the direction of the
Secretary of State. In addition to those duties assigned by the Secretary of State, the Supervisor
of Voter Registration shall have the following duties: (1) To keep the minutes of the meetings
of the Voter Registration Advisory Board, conduct the day-to-day business activities of the
Voter Registration Advisory Board, and give progress reports on such activities at its meetings.
(2) To serve as a liaison between the Secretary of State and the county boards of registrars
on implementation of existing and future laws pertaining to voter registration. (3) To provide
to the county boards of registrars such information as...
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17-8-45
Section 17-8-45 Examination of ballots, voting machines, etc., by persons involved in certain
election contests. THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-16-45 BY ACT 2006-570.
(Acts 1989, No. 89-877, p. 1757, §1.)...
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17-10-3
Section 17-10-3 Voting in precinct, etc., where elector's name does not appear on official
list. It shall be unlawful for any elector to cast his or her ballot during any general election,
primary election, municipal election or special election in any precinct, any district, any
ward, or any other subdivision where his or her name does not duly appear upon the official
list of the precinct, district, ward, or subdivision. All ballots cast in any election contrary
to this section are hereby declared illegal and, upon a contest duly instituted, the ballots
shall be excluded in determining the final result of any election; provided, that nothing
in this section shall prevent any qualified elector residing in the precinct, ward, or voting
district from voting after presenting a proper certificate from the board of registrars, or
from voting a provisional ballot or a provisional ballot in municipal elections when his or
her name does not duly appear upon the official list of the precinct,...
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17-13-16
Section 17-13-16 Public proclamation of results of election; distribution of certificates of
results. The counting of the ballots having been completed, the results shall be publicly
proclaimed. Separate certificates for each of the political parties entering the primary and
the results of the election shall be drawn up by the inspector and clerks at each and every
voting place, which shall contain all matters and things provided for in the law regulating
general elections. The certificates shall be signed by the election workers; one copy of the
same shall be forthwith posted in a conspicuous place at such voting place, one copy shall
be transmitted to the chair of the county executive committee of each of the political parties
in the primary, at such place as the county executive committee of the county shall designate
at which to receive such returns, and another copy shall be transmitted to the chairs of the
state executive committees of the political parties participating in the...
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