2006 Kansas Code - 25-4412

      25-4412.   Same; securing devices against voting after polls closed; counting ballots or envelopes; checking against poll book; entry on tally sheets; write-in votes; serially numbering, when; defective ballots; sealing of ballots and delivery to judges; duties of election officer and election officials at counting location; duplicate of damaged or defective ballot cards or ballots; counting advance voting ballots; official returns, open to public, printing; counting ballots manually, when. (a) In voting areas where electronic or electromechanical voting systems are used, as soon as the polls are closed, the election judge shall secure the marking devices against further voting. The judge shall thereafter open the ballot box and count the number of ballots or envelopes containing ballots that have been cast to determine that the number of ballots does not exceed the number of voters shown on the poll book. If there is an excess, this fact shall be reported in writing to the county election officer with the reasons therefor if known. The total number of voters shall be entered on the tally sheets. The write-in votes shall then be counted by the election judge and clerks. If ballot cards are used and separate write-in ballots or envelopes for recording write-in votes are used, all ballots or envelopes on which write-in votes have been recorded shall be serially numbered, starting with the number one, and the same number shall be placed on the ballot card of the voter. The election judge shall compare the write-in votes with the votes cast on the ballot card and if the total number of votes for any office exceeds the number allowed by law, a notation to that effect shall be entered on the back of the ballot card and it shall be returned to the counting location in an envelope marked "defective ballots" and such invalid votes shall not be counted. So far as applicable, provisions relating to defective paper ballots shall apply.

      (b)   The election judge shall place all ballots that have been cast in the container provided for the purpose, which shall be sealed and delivered forthwith by two election judges who shall not be of the same political party, to the counting location together with the unused, void and defective ballots and returns.

      (c)   All proceedings at the counting location shall be under the direction of the county election officer and under the observation of two election officials who shall not be of the same political party and shall be open to the public, but no persons except those employed and authorized for the purpose shall touch any ballot, ballot container or return. If any ballot 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 ballots or ballot cards shall be clearly labeled "duplicate," shall bear a serial number which shall be recorded on the damaged or defective ballot or ballot card and shall be counted in lieu of the damaged or defective ballot.

      If any ballot card, of the type where offices and questions 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 such ballot card may be manually counted at the counting center by at least two election officials in the manner which is best suited to the system used. If any paper ballot is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, such ballot shall be manually counted at the counting center. The totals for all such ballots or ballot cards manually counted shall be added to the totals for the respective precincts or election districts.

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

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

      (f)   If for any reason it becomes impracticable to count all or a part of the ballots with tabulation equipment, the county election officer may direct that they be counted manually, following as far as practicable the provisions governing the counting of paper ballots.

      History:   L. 1977, ch. 129, § 12; L. 1995, ch. 192, § 49; July 1.