Section 9-208. Provisions for recanvass of vote in every election district in the state; procedure in case of discrepancy  


Latest version.
  • 1. Within  fifteen  days
      after  each  general, special or primary election, and within seven days
      after every village election conducted by  the  board  of  elections  at
      which  voting machines are used, the board of elections, or a bipartisan
      committee of or appointed by said board,  shall  in  each  county  using
      voting  machines, make a record of the number on the seal and the number
      on the protective counter, of each voting machine used in each  election
      district  in  such  general, special or primary election, shall open the
      counter compartment of each of such machine, and, without unlocking such
      machine against voting, shall recanvass the vote cast thereon or, if the
      machine is provided with a device  for  printing  or  photographing  the
      counters,  such  board  or  committee  shall  recanvass  such printed or
      photographic record or, if the machine  is  provided  with  a  removable
      electronic  or  computerized  device which records the vote cast on such
      machine and from  which  a  printed  copy  of  such  vote  may  be  made
      mechanically  or  electronically  and  also  a  device  for  printing or
      photographing such vote directly from the voting machine, such board  or
      committee  shall recanvass the vote by comparing the vote on the printed
      copy of the canvass made from such removable device with the printed  or
      photographed  copy  of the canvass made directly from the voting machine
      at the close of the polls.  No  person  who  was  a  candidate  at  such
      election  shall  be  appointed to membership on the committee.  The said
      board or committee shall during such  time,  make  a  recanvass  of  any
      absentee  and military, special federal, special presidential, emergency
      and write-in ballots which were canvassed at polling places on  election
      night  and  delivered  to  the  board  of elections by the person filing
      returns. Before making such canvass the board of elections, with respect
      to each election district  to  be  recanvassed,  shall  give  notice  in
      writing to the voting machine custodian thereof, to the state and county
      chairman  of  each  party or independent body which shall have nominated
      candidates for the said general or  special  election  or  nominated  or
      elected  candidates  at the said primary election and to each individual
      candidate whose name appears on said machine,  of  the  time  and  place
      where  such  canvass is to be made; and the state and county chairman of
      each such party or independent body and each such  individual  candidate
      may  send  a  representative  to  be  present  at such recanvass.   Each
      candidate whose name appears on said  machine,  or  his  representative,
      shall  have  the right personally to examine and make a copy of the vote
      recorded on such machine and ballots.
        2. If upon such recanvass, it shall be found that the original canvass
      of the returns has been incorrectly made from any machine or machines or
      upon the result of any absentee and military, special  federal,  special
      presidential,  emergency  or  alleged  write-in  ballot,  a statement in
      writing shall be prepared giving in detail  for  each  such  machine  or
      total  of  such  ballots or alleged write-in ballots cast, the result of
      the recanvass, and such statement shall  be  witnessed  by  the  persons
      required  to  be present and shall be filed with the board of elections.
      Such recanvass of votes made pursuant hereto shall  thereupon  supersede
      the returns filed by the inspectors of election of the election district
      in which the canvass was made.
        3.  If upon such recanvass, it shall be found that a discrepancy still
      remains unaccounted for,  the  board  of  elections,  or  the  committee
      thereof,  with  the  assistance  of  the custodian of the machine, shall
      unlock the voting and  counting  mechanism  of  the  machine  and  shall
      proceed  thoroughly  to  examine  and  test the machine to determine and
      reveal the true cause or causes, if  any,  of  the  discrepancy  in  the
      returns  from  such machine. Before testing, the counters shall be reset
    
      at zero and each counter shall be operated at least one  hundred  times.
      After  the  completion of such examination and test, the custodian shall
      then and there prepare a statement  in  writing  giving  in  detail  the
      result  thereof,  and  such  statement shall be witnessed by the persons
      required to be present and shall be filed in the office of the board  of
      elections.