Recounting Electronic Voting Machines

[Kansas Wyatt]

:argh:

Now different States would have their own procedures for a recount in an election, which may and probably would include a manual recount. Assuming that a manual recount is written into the law, then something is wrong with the way that they would recount an electronic voting machine.

Does anyone know how one would manually recount votes on a machine that just re-tabulates votes on that machine, instead of individually verifying votes on the machine?

If no actual manual recount is really possible, then how would the voting machine comply with election laws to make it a valid election under the law?

[teach1st]

1. Here's the Ohio recount procedure

http://moritzlaw.osu.edu/electionlaw/procedures_recount01.html

Once the recount process is initiated, section 3515.03 compels the county Board of Elections to set a time, place, and method for the recount. The board must notify the applicant and others for whom votes were cast of the recount by certified mail no later than five days before the recount is scheduled. This notice, however, can be waived by filing a written notice. All who receive notice are permitted to attend the recount or select a witness to attend on their behalf.

At the designated time and place for the recount, the Board of Elections opens the sealed ballot containers and recounts the ballots. Only the director of the Board of Elections, board members, or employees can handle the ballots. Witnesses can only observe the recount; they cannot touch the ballots. R.C. 3515.04. Following the 2000 Florida punch card controversy, the Ohio General Assembly amended the recount procedure. Section 3515.04 now mandates that a selection on a punch card ballot will not count unless the chad is detached by at least two corners. ("Chad" means the small piece of paper or cardboard produced from a punch card ballot when a voter pierces a hole in a perforated, designated position on the ballot with a marking device to record the voter's candidate, question, or issue choice. R.C. 3506.16.)

Once a recount starts, the applicant or declared losing nominee or candidate can file a written request to stop the recount with the Board of Elections. R.C. 3515.04. However, if the results at the time of the request show that the election results would be reversed if the recount stopped immediately, the recount continues until all of the precincts have been recounted.

When the recount is complete, the Board of Elections declares the amended results, or in the case of a statewide election, the revised numbers are sent to the Secretary of State pursuant to section 3515.05. If the effect of the recount is to declare a different winner of the election, the candidate who came out on top in the original count may, within five days of the release of the new results, apply for a recount of any or all of the precincts that were not already recounted. R.C. 3515.06. In this second recount, all of the rules of the first recount apply, including the required deposit of $10 per precinct.

[teach1st]

2. Florida

I don't see any provision in Ohio or Florida code specifically detailing recounts involving electronic voting machines. Maybe I missed something.

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0101/SEC5615.HTM&Title=-%3E2000-%3ECh0101-%3ESection%205615#0101.5615

101.5615 Recounts and election contests.--Recounts and election contests shall be conducted as provided for in this code. The automatic tabulating equipment shall be tested prior to the recount or election contest, as provided in s. 101.5612, if the official ballots or ballot cards are recounted on the automatic tabulating equipment. Each duplicate ballot shall be compared with the original ballot to ensure the correctness of the duplicate.

101.5614 Canvass of returns.--

(1)(a) In precincts in which an electronic or electromechanical voting system is used, as soon as the polls are closed, the election board shall secure the voting devices against further voting. The election board shall thereafter open the ballot box in the presence of members of the public desiring to witness the proceedings and count the number of voted ballots, unused ballots, and spoiled ballots to ascertain whether such number corresponds with the number of ballots issued by the supervisor. If there is a difference, this fact shall be reported in writing to the county canvassing board with the reasons therefor if known. The total number of voted ballots shall be entered on the forms provided. The proceedings of the election board at the precinct after the polls have closed shall be open to the public; however, no person except a member of the election board shall touch any ballot or ballot container or interfere with or obstruct the orderly count of the ballots.

(b) In lieu of opening the ballot box at the precinct, the supervisor may direct the election board to keep the ballot box sealed and deliver it to a central or regional counting location. In this case, the election board shall count the stubs removed from the ballots to determine the number of voted ballots.

(2)(a) If the ballots are to be tallied at a central location or at no more than three regional locations, the election board shall place all ballots that have been cast and the unused, void, and defective ballots in the container or containers provided for this purpose, which shall be sealed and delivered forthwith to the central or regional counting location or other designated location by two inspectors who shall not, whenever possible, be of the same political party. The election board shall certify that the ballots were placed in such container or containers and each container was sealed in its presence and under its supervision, and it shall further certify to the number of ballots of each type placed in the container or containers.

(b) If ballots are to be counted at the precincts, such ballots shall be counted pursuant to rules adopted by the Department of State, which rules shall provide safeguards which conform as nearly as practicable to the safeguards provided in the procedures for the counting of votes at a central location.

(3)(a) All proceedings at the central or regional counting location or other designated location shall be under the direction of the county canvassing board and shall be open to the public, but no person except a person employed and authorized for the purpose shall touch any ballot or ballot container, any item of automatic tabulating equipment, or any return prior to its release. If the ballots are tabulated at regional locations, one member of the canvassing board or a person designated by the board to represent it shall be present at each location during the testing of the counting equipment and the tabulation of the ballots.

(b) If ballots are tabulated at regional locations, the results of such election may be transmitted via dedicated teleprocessing lines to the main computer system for the purpose of compilation of complete returns. The security guidelines for transmission of returns by dedicated teleprocessing lines shall conform to rules adopted by the Department of State pursuant to s. 101.015.

(4) If ballot cards are used, and separate write-in ballots or envelopes for casting write-in votes are used, write-in ballots or the envelopes on which write-in ballots have been cast shall be serially numbered, starting with the number one, and the same number shall be placed on the ballot card of the voter. This process may be completed at either the precinct by the election board or at the central counting location. For each ballot or ballot and ballot envelope on which write-in votes have been cast, the canvassing board shall compare the write-in votes with the votes cast on the ballot card; if the total number of votes for any office exceeds the number allowed by law, a notation to that effect, specifying the office involved, shall be entered on the back of the ballot card or in a margin if voting areas are printed on both sides of the ballot card. Such votes shall not be counted. All valid votes shall be tallied by the canvassing board.

(5) If any ballot card of the type for which the offices and measures are not printed directly on the card is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, a true duplicate copy shall be made of the damaged ballot card in the presence of witnesses and substituted for the damaged ballot. Likewise, a duplicate ballot card shall be made of a defective ballot which shall not include the invalid votes. All duplicate ballot cards shall be clearly labeled "duplicate," bear a serial number which shall be recorded on the damaged or defective ballot card, and be counted in lieu of the damaged or defective ballot. If any ballot card of the type for which offices and measures are printed directly on the card is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, a true duplicate copy may be made of the damaged ballot card in the presence of witnesses and in the manner set forth above, or the valid votes on the damaged ballot card may be manually counted at the counting center by the canvassing board, whichever procedure is best suited to the system used. If any paper ballot is damaged or defective so that it cannot be counted properly by the automatic tabulating equipment, the ballot shall be counted manually at the counting center by the canvassing board. The totals for all such ballots or ballot cards counted manually shall be added to the totals for the several precincts or election districts. No vote shall be declared invalid or void if there is a clear indication of the intent of the voter as determined by the canvassing board. After duplicating a ballot, the defective ballot shall be placed in an envelope provided for that purpose, and the duplicate ballot shall be tallied with the other ballots for that precinct.

(6) If an elector marks more names than there are persons to be elected to an office or if it is impossible to determine the elector's choice, the elector's ballot shall not be counted for that office, but the ballot shall not be invalidated as to those names which are properly marked.

(7) Absentee ballots may be counted by automatic tabulating equipment if they have been punched or marked in a manner which will enable them to be properly counted by such equipment.

(8) The return printed by the automatic tabulating equipment, to which has been added the return of write-in, absentee, and manually counted votes, shall constitute the official return of the election. Upon completion of the count, the returns shall be open to the public. A copy of the returns may be posted at the central counting place or at the office of the supervisor of elections in lieu of the posting of returns at individual precincts.