16-641. Retally of vote; lever voting
machine
A. When it appears that there is a discrepancy in the election returns in an
election precinct, the board of supervisors or other authority in charge of elections
shall summon the election officers of the precinct, and the election officers in the
presence of such authorities shall make a record of the number of the seal and number of
the protective counter, open the counter compartment of the machine and, without
unlocking the machine against voting, shall retally the vote cast thereon.
B. Before making the retally the authorities shall give notice in writing to each
local candidate whose name appears on the election ballot, and to the chairman of each
party or independent party having candidates on the ballot, and each of the candidates
and two representatives of each of the parties may be present at the retally.
C. If, upon the retally, it is found that the original tally of the returns has
been correctly made from the machine and that the discrepancy still remains unaccounted
for, the board of supervisors or other authority, in the presence of the officers of the
election, the candidates and the representatives of the several parties, shall unlock the
voting and counting mechanism of the machine and thoroughly examine and test the machine
to determine the reason for the discrepancy, if any, in the returns from the
machine. Before testing the counters they shall be reset at zero, after which each
counter shall be operated at least one hundred times.
D. After completion of the examination and test the board of supervisors or other
authority in charge of the election shall then and there prepare a statement in writing,
giving in detail the result. The statement shall be witnessed by the persons present and
shall be filed with the board of supervisors or other authority in charge of elections.
E. If the results of a retally conducted by authority of the court or under the
provisions of this section shall establish discrepancies in the official returns of any
precinct, the necessary corrections shall be made and shall be considered part of the
official election returns.
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