The procedure for tabulating the votes by the automatic tabulating equipment shall be under the direction of the person in charge of the election, and shall conform to the specifications and requirements of the automatic tabulating equipment. The results printed by the automatic tabulating equipment shall constitute the immediate unofficial returns. These returns shall be open to the public. The final returns printed by the automatic tabulating equipment shall be presented to the canvassing board for review and certification as the official returns. Source: SL 1994, ch 110, § 17. Effective July 1, 2026 12-17B-13. Procedure for tabulating votes--Results as unofficial returns--Public records--Software limitation--Certification by board. The process of tabulating the votes using the automatic tabulating equipment must be under the direction of the person in charge of the election, and must conform to the specifications and requirements of the automatic tabulating equipment. The results printed by the automatic tabulating equipment are the immediate unofficial returns. These returns and any cast vote record or ballot images collected by the automatic tabulating equipment are public records under chapter 1-27. The county auditor is not required to produce a cast vote record or collection of ballot images, if the operating software of the automatic tabulating equipment used in a county does not produce a cast vote record or ballot images. The results printed by the automatic tabulating equipment must be presented to the canvassing board for review and certification as the official returns. For purposes of this section, "ballot image" means a digital rendering or facsimile of a paper ballot tabulated in the election. For purposes of this section, "cast vote record" means an electronic record of how the marks on a ballot are tabulated as a vote for a candidate or other ballot question. Source: SL 1994, ch 110, § 17; SL 2026, ch 71, § 1.
§ § 12-17B-13Procedure for tabulating votes--Results as unofficial returns--Certification by board
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