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Reply #17: Actually we can get a machine recount without a judge's order, but not a hand recount [View All]

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Bjorn Against Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-09-11 07:39 PM
Response to Reply #14
17. Actually we can get a machine recount without a judge's order, but not a hand recount
I know you have seen this section of law before, but I am posting it again so everyone knows what the law says in order to underscore the importance of why we need to fight for a hand recount and not just "watch" as you suggest.

10. Programming
Optical Scan tabulating equipment may be reprogrammed to count only votes cast in the office being recounted, or only the votes cast for a referendum if the recount concerns a referendum question. After being retested in Step #8 by the board of canvassers and the candidates or their representatives, the ballots will be re-tabulated by the optical scan equipment. The ballots may not be hand counted without a court order. Wis. Stat. 5.90(2).

Recount initiators may petition the court for a recount to be conducted by hand, though the law specifies that the burden of proof is on the petitioner to demonstrate why a hand count should be enforced. Otherwise, the default counting method is the same as that used in the initial canvass: paper ballots are counted by hand; optical scan ballots are retabulated on an automatic tabulator; and for votes cast on direct-recording electronic machines (DREs), the voter-verified paper audit trail (VVPAT) is detached and counted by hand. See pages 7-13 of Wisconsin's Election Recount Procedures Manual for a full description of counting methods:
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