13-15-202. Counting votes cast -- pollbook. (1) (a) When the procedures required by 13-15-201 are completed, the election judges shall count and determine the votes cast for each individual, except as provided in subsection (1)(b).
     (b) The judges may not count or record write-in votes for candidates who have not filed a declaration of intent as provided in 13-10-211, except for write-in votes cast:
     (i) for an office for which a candidate has not filed a declaration or petition for nomination or a declaration of intent; or
     (ii) on a federal write-in absentee ballot as provided in 13-13-273.
     (2) In counting, the ballots must be opened singly by one of the election judges and the contents read aloud to the other judges.
     (3) A ballot or part of a ballot is void and may not be counted if the elector's choice cannot be determined. If part of a ballot is sufficiently plain to determine the elector's intention, the election judges shall count that part. Except as provided in 13-10-211(4), a write-in vote may be counted only if the write-in vote identifies an individual by any of the designations filed pursuant to 13-10-211(1)(a).
     (4) As the ballots are read, two judges shall write on a tally sheet the name of every individual and the office voted for and keep tallies of the number of votes for each individual, except as provided in subsection (1)(b).
     (5) The tally sheets must be compared and their correctness ascertained, and the judges shall immediately write in the pollbook:
     (a) the names of all individuals who received votes;
     (b) the offices for which they received votes;
     (c) the total votes received by each individual as shown by the tally sheets.
     (6) In making the count in precincts where voting machines are used, the votes cast by absentee ballot must be added to the votes cast on the voting machines.
     (7) A ballot or vote rejected by the election judges may not be included in the count.

     History: En. Secs. 134, 173, Ch. 368, L. 1969; R.C.M. 1947, 23-3716(3), 23-4003; amd. Sec. 153, Ch. 571, L. 1979; amd. Sec. 4, Ch. 391, L. 1989; amd. Sec. 3, Ch. 143, L. 1995; amd. Sec. 2, Ch. 129, L. 1999.