26-1052. Number of votes required
A. A person shall not be convicted of any offense except as provided in section
26-1045 or by the concurrence of two-thirds of the members present at the time the vote
is taken.
B. All sentences shall be determined by the concurrence of two-thirds of the
members present at the time the vote is taken.
C. All other questions to be decided by the members of a general or special
court-martial shall be determined by a majority vote, but a determination to reconsider a
finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be
made by any lesser vote which indicates that the reconsideration is not opposed by the
number of votes required for that finding or sentence. A tie vote on a challenge
disqualifies the member challenged. A tie vote on a motion for a finding of not guilty
or on a motion relating to the question of the accused's sanity is a determination
against the accused. A tie vote on any other question is a determination in favor of the
accused.
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