Chapter 16 — [Old]

PART I. GENERAL PROVISIONS §16-1 Voting systems authorized. The chief election officer may adopt, experiment with, or abandon any voting system authorized under this chapter or to be authorized by the legislature. These systems shall include, but not be limited to voting machines…

PART II. VOTING MACHINE SYSTEM §16-11 Definitions. "Protective counter" means an apparatus built into the voting machine which cannot be reset, which records the total movement of the operating lever. "Voting machine system" means the method of electrically, mechanically, or elec…

§16-12 Voting machines; requirements. No voting machine shall be installed for use in any election in the State unless it shall satisfy the following requirements:

§16-2 Voting system requirements. All voting systems adopted under this chapter by the chief election officer or the legislature shall satisfy the following requirements:

PART III. PAPER BALLOT VOTING SYSTEM §16-21 Definition. "Paper ballot voting system" means the method of recording votes which are counted manually. [L 1970, c 26, pt of §2; am L 1975, c 36, §5(4)]

§16-22 Marking. The method of marking a paper ballot shall be prescribed by the chief election officer by rules and regulations promulgated in accordance with chapter 91. The chief election officer shall prescribe a uniform method of marking the ballots in all precincts in a coun…

§16-23 Paper ballot; voting. Upon receiving the ballot the voter shall proceed into one of the voting booths provided for the purpose, and shall mark the voter's ballot in the manner prescribed by section 16-22. The voter shall then leave the booth and deliver the ballot to the v…

§16-24 Count, public. Insofar as the limits of the room in which the voting takes place reasonably allow, no person shall be prevented from attending the counting of the ballots on election day, unless it is necessary to preserve the peace. [L 1970, c 26, pt of §2]

§16-25 Order and method of counting. Each ballot shall be counted and finished as to all the candidates thereon before counting a second and subsequent ballots. The ballots shall be counted by teams in the following manner only: by one election official announcing the vote in a l…

§16-26 Questionable ballots. A ballot shall be questionable if: Each ballot that is held to be questionable shall be endorsed on the back by a voter service center official with the official's name or initials, and the word "questionable". All questionable ballots shall be set as…

§16-27 Number of blank and questionable ballots; record of. In addition to the count of the valid ballots, the voter service center officials shall, as to each separate official ballot, also determine and record the number of totally blank ballots and the number of questionable b…

§16-28 Declaration of results. When the voter service center officials have ascertained the number of votes given for each candidate they shall make public declaration of the whole number of votes cast, the names of the persons voted for, and the number of votes for each person. …

§16-29 Tally sheets. The tally sheets used in counting the ballots cast shall be marked and handled in a secure fashion prescribed in rules and regulations promulgated by the chief election officer in accordance with chapter 91. [L 1970, c 26, pt of §2]

PART IV. ELECTRONIC VOTING SYSTEM §16-41 Definitions. "Counting center" means the computer facilities and surrounding premises designated by the chief election officer or the clerk in county elections where electronic voting system ballots are counted. "Defective ballot" means an…

§16-42 Electronic voting requirements. (a) When used at primary or special primary elections, the automatic tabulating equipment of the electronic voting system shall count only votes for the candidates of one party, or nonpartisans. In all elections, the equipment shall reject a…

§16-43 Ballot handling. In every case where the ballots are handled by election officials or election employees for disposition upon completion of the tabulation, they shall be handled in the presence of not less than two officials assigned in accordance with section 16-45. [L 19…

§16-44 Counting center employees. (a) The chief election officer or clerk in county elections shall designate counting center employees who will be responsible for the tabulation of the ballots. (b) Counting center employees shall follow the procedures established by the chief el…

§16-45 Official observers. Official observers shall be designated by the chief election officer or the clerk in county elections to be present at the counting centers and selected in the following manner: The chief election officer or clerk shall give all official observers reaso…

§16-46 Counting defective ballots. Counting center employees shall prepare a new ballot to replace each defective ballot; provided that the replacement ballot may not be counted until reviewed by at least two official observers. The defective ballots shall be segregated and the r…