§ 168.799aRecounting punched, marked, or stamped ballot; procedure; stray marks;

releasing sealed materials.
 Sec. 799a.
    (1) This section governs the recounting of a ballot on which a voter has made a selection by
 means of a punch, mark, or stamp.
    (2) If the electronic voting system requires that the elector cast a vote by punching out a
 hole in a ballot, the vote shall not be considered valid unless the portion of the ballot
 designated as a voting position is completely removed or is hanging by 1 or 2 corners or the
 equivalent.
    (3) If the electronic voting system requires that the elector place a mark in a predefined area
 on the ballot in order to cast a vote, the vote shall not be considered valid unless there is a
 mark within the predefined area. A stray mark made within a predefined area is not a valid
 vote. In determining whether a mark within a predefined area is a stray mark, the board of
 canvassers or election official shall compare the mark subject to recount with other marks
 appearing on the ballot. The secretary of state shall issue instructions, subject to the approval
 of the board of state canvassers, relevant to stray marks to ensure the fairness and uniformity
 of determinations made under this subsection. A secretary of state's instruction relevant to
 stray marks shall not be applied to a ballot unless the secretary of state issued the instruction
 not less than 63 days before the date of the election.
    (4) Unless a petition for recount has been filed and the recount has not been completed,
 ballots, ballot labels, programs, test results, and other sealed materials may be released from
 their original seal after 7 days following the final determination of the board of canvassers
 with respect to the election at which the ballots were voted. However, the released materials
 shall be secured and preserved for the time period required by this act and the rules
 promulgated by the secretary of state.