13-16-414. Recount of votes using voting system. (1) (a) Before a voting system may be used to automatically recount votes, the recount board shall test the automatic tabulating equipment in accordance with rules adopted pursuant to 13-17-211.
     (b) If the test does not show any errors, the votes cast for the candidates or on the issues for which a recount is ordered must be recounted by the tabulating equipment as provided in 13-15-206(3).
     (c) (i) If any errors are found in the test or if any questions remain as to the accuracy of the voting system, the board shall have the system checked by a qualified individual who did not participate in the original preparation of the system.
     (ii) If the errors are corrected, the recount must proceed as provided in 13-15-206(3).
     (iii) If the errors are not corrected, the recount must be conducted as provided in subsection (3).
     (2) The board may order a recount, which must be conducted as provided in subsection (3), if the board unanimously agrees that a recount is necessary to resolve all questions relating to the election.
     (3) (a) A recount of paper ballots under this subsection (3) must be conducted manually as provided in 13-15-206(2).
     (b) A recount of ballots cast using a nonpaper-based system must be conducted as provided in rules adopted under 13-17-211.

     History: En. Sec. 182, Ch. 571, L. 1979; amd. Sec. 51, Ch. 575, L. 1981; amd. Sec. 60, Ch. 414, L. 2003.