13-19-314. Resolving ballots in question. Any questions concerning the validity of a ballot or signature must be resolved in the following manner:
     (1) If the election administrator is unable to determine without doubt whether a ballot is valid or invalid, the election administrator shall give notice to the elector as provided in 13-19-313.
     (2) If, subsequent to following the procedure in 13-19-313, the election administrator is still unable to determine without doubt whether the ballot is valid or invalid, the election administrator shall present the issue for a determination to the counting board appointed pursuant to 13-15-112.
     (3) If a majority of the counting board is unable to agree on whether the ballot is valid or invalid, it may not count the ballot in question, and the election administrator shall present the ballot to the board of canvassers for a determination of the issue.
     (4) If a majority of the board of canvassers is unable to agree that the ballot is valid, the ballot is invalid and may not be counted.

     History: En. Sec. 26, Ch. 196, L. 1985; amd. Sec. 79, Ch. 414, L. 2003.