16-621. Proceedings at the counting
center
A. All proceedings at the counting center shall be under the direction of the board
of supervisors or other officer in charge of elections and shall be conducted in
accordance with the approved instructions and procedures manual provided for in section
16-452 under the observation of representatives of each political party and the public.
The proceedings at the counting center may also be observed by up to three additional
people representing a candidate for nonpartisan office, or representing a political
committee in support of or in opposition to a ballot measure, proposition or question. A
draw by lot shall determine which three groups or candidates shall have representatives
participate in the observation at the counting center. Persons representing a candidate
for nonpartisan office or persons or groups representing a political committee in support
of or in opposition to a ballot measure, proposition or question, who are interested in
participating in the observation, shall notify the officer in charge of elections of
their desire to be included in the draw no later than ten days before the election.
After the deadline to receive submissions from the interested persons or groups, but
prior to seven days before the election, the county officer in charge of elections shall
draw by lot, from the list of those who expressed interest, three persons or groups and
those selected shall be notified and allowed to observe the proceedings at the counting
center. If a group is selected they may alter who represents that group for different
days of observation but on any given observation day a selected group shall not send more
than one observer. A group may rotate an observer throughout the day. No persons except
those authorized for the purpose shall touch any ballot or ballot card or return. All
persons who are engaged in processing and counting of the ballots shall be qualified
electors, shall be deputized in writing and shall take an oath that they will faithfully
perform their assigned duties. There shall be no preferential counting of ballots for
the purpose of projecting the outcome of the election. If any ballot, including any
ballot received from early voting, is damaged or defective so that it cannot properly be
counted by the automatic tabulating equipment, a true duplicate copy shall be made of the
damaged ballot in the presence of witnesses and substituted for the damaged ballot. All
duplicate ballots shall be clearly labeled "duplicate" and shall bear a serial number
which shall be recorded on the damaged or defective ballot.
B. If for any reason it becomes impracticable to count all or a part of the ballots
with tabulating equipment, the officer in charge of elections may direct that they be
counted manually, following as far as practicable the provisions governing the counting
of paper ballots.
C. For any statewide, county or legislative election, the county recorder or
officer in charge of elections shall provide for a live video recording of the custody of
all ballots while the ballots are present in a tabulation room in the counting center.
The live video recording shall include date and time indicators and shall be linked to
the secretary of state's website. The secretary of state shall post links to the video
coverage for viewing by the public. The county recorder or officer in charge of elections
shall record the video coverage of the ballots at the counting center and shall retain
those recordings as a public record for at least as long as the challenge period for the
general election. If the live video feed is disrupted or disabled, the recorder or
officer in charge of elections is not liable for the disruption but shall attempt to
reinstate video coverage as soon as is practicable. Any disruption in video coverage
shall not affect or prevent the continued tabulation of ballots. This subsection is
contingent on legislative appropriation.
D. The county recorder or other officer in charge of elections shall maintain
records that record the chain of custody for all election equipment and ballots during
early voting through the completion of provisional voting tabulation.
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