Compilation of Rules and Regulations of the State of Georgia › Department 183 - RULES OF STATE ELECTION BOARD › Chapter 183-1 - GEORGIA ELECTION CODE › Subject 183-1-15 - RETURNS OF PRIMARIES AND ELECTIONS › Rule 183-1-15-.03 - Recount Procedure

Current through Rules and Regulations filed through June 27, 2024
(1) Recount by Electronic Tabulation
(a) Recounts of primaries and elections
				conducted using an optical scanning voting system shall be in accordance with
				this rule.
(b) The recount shall be
				conducted by tabulating all ballots utilizing ballot scanners.
(c) Prior to conducting a recount, the
				election superintendent shall test each ballot scanner to be used in the
				recount. A test deck shall be prepared to include at least 75 ballots marked by
				an electronic ballot marker and 25 absentee ballots marked by hand that were
				cast in the election to be recounted. The ballots shall be selected from at
				least 3 different precincts, if available. The selection of individual ballots
				from a precinct's ballot container shall be conducted in a manner that selects
				ballots from throughout the ballot container. The test desk shall be tabulated
				by the ballot scanner or scanners to be used in the recount using one or more
				batches. A manual hand count of the test deck shall be made and compared to the
				electronic tabulation of the test deck. If the two counts do not match, the
				discrepancy shall be researched and additional tests may be run. If the
				discrepancy cannot be resolved so that the manual hand count and electronic
				tabulation of the test deck matches, the ballot scanner shall not be used in
				the recount. If, after testing all available ballot scanners, there are no
				ballot scanners authorized to be used in the recount, the recount shall be
				conducted by manual hand count. Upon completion of the test, the test deck
				ballots shall be returned to their original ballot containers.
(d) The recount shall be open to the view of
				the public, but no person except one designated by the superintendent or the
				superintendent's authorized deputy shall touch any ballot or ballot container.
				The superintendent may designate a viewing area by which members of the public
				are limited for the purpose of good order and maintaining the integrity of the
				recount.
(e) The tabulation of
				ballots must be completed through a precise, controlled process that ensures,
				for each ballot scanner used in the recount, no more than one ballot container
				is unsealed at any given time.
(f)
				A clear audit trail must be maintained at all times during the recount,
				including but not limited to, a log of the seal numbers on ballot containers
				before and after the recount.
(g)
				The ballot scanner shall be programmed to flag or reject ballots that contain
				an overvote for the contest to be recounted. One or more recount vote review
				panels shall be established, consistent with O.C.G.A. §
										21-2-483(g), to
				manually review the overvoted ballots. The recount vote review panel shall
				determine by majority vote the elector's intent, as described in O.C.G.A.
				§
										21-2-438(c), a
				duplicate ballot shall be created consistent with the elector's intent for the
				contest to be recounted, labeled "RECOUNT DUPLICATE", and used in the recount.
				The original overvoted ballot shall be retained.
(h) All ballots that required a duplicate
				ballot to be created in the original primary or election, as allowed by law,
				shall be reviewed by a recount vote review panel to determine that the votes
				marked in the contest to be recounted on the duplicated ballot are consistent
				with the elector's intent on the original ballot, as described in O.C.G.A.
				§
										21-2-438(c). If a
				majority of the recount vote review panel determine that the duplicated ballot
				is not consistent with the elector's intent on the original ballot, a new true
				duplicate ballot shall be created consistent with the elector's intent for the
				contest to be recounted, labeled "RECOUNT DUPLICATE", and used in the recount.
				The original overvoted ballot and initial duplicated ballot shall be
				retained.
(i) If it appears that a
				ballot is so torn, bent, or otherwise defective that it cannot be processed by
				the ballot scanner, the recount vote review panel shall prepare a duplicate
				ballot for the contest to be recounted. All duplicate ballots created during
				the recount shall be clearly labeled by the word "RECOUNT DUPLICATE". The
				defective ballot shall be retained.
(j) After all of the valid ballots to be
				included in the recount have been tabulated, the superintendent shall cause a
				printout to be made of the results and shall compare the results to the results
				previously obtained. If upon completing the recount, it shall appear that the
				original vote count for the recounted contest was incorrect, such returns and
				all papers being prepared by the superintendent shall be corrected
				accordingly.