Election officers -- Disposition of ballots -- Release of number of provisional ballots cast.

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  • (1) Upon receipt of the election returns from the poll workers, the election officer shall:
    • (a) ensure that the poll workers have provided all of the ballots and election returns;
    • (b) inspect the ballots and election returns to ensure that they are sealed;
    • (c) for manual ballots, deposit and lock the ballots and election returns in a safe and secure place;
    • (d) for mechanical ballots:
      • (i) count the ballots; and
      • (ii) deposit and lock the ballots and election returns in a safe and secure place; and
    • (e) for bond elections, provide a copy of the election results to the board of canvassers of the local political subdivision that called the bond election.
  • (2) Each election officer shall:
    • (a) before 5 p.m. on the day after the date of the election, determine the number of provisional ballots cast within the election officer's jurisdiction and make that number available to the public;
    • (b) preserve ballots for 22 months after the election or until the time has expired during which the ballots could be used in an election contest;
    • (c) preserve all other official election returns for at least 22 months after an election; and
    • (d) after that time, destroy them without opening or examining them.
  • (3)
    • (a) The election officer shall package and retain all tabulating cards and other materials used in the programming of the automatic tabulating equipment.
    • (b) The election officer:
      • (i) may access these tabulating cards and other materials;
      • (ii) may make copies of these materials and make changes to the copies;
      • (iii) may not alter or make changes to the materials themselves; and
      • (iv) within 22 months after the election in which they were used, may dispose of those materials or retain them.
  • (4)
    • (a) If an election contest is begun within 12 months, the election officer shall:
      • (i) keep the ballots and election returns unopened and unaltered until the contest is complete; or
      • (ii) surrender the ballots and election returns to the custody of the court having jurisdiction of the contest when ordered or subpoenaed to do so by that court.
    • (b) When all election contests arising from an election are complete, the election officer shall either:
      • (i) retain the ballots and election returns until the time for preserving them under this section has run; or
      • (ii) destroy the ballots and election returns remaining in the election officer's custody without opening or examining them if the time for preserving them under this section has run.




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