If inspection of the
ballot reveals a physically damaged ballot or ballot that may be
otherwise unreadable or uncountable by the tabulating system, the
county auditor may refer the ballot to the county canvassing
board or duplicate the ballot if so authorized by the county
canvassing board. The voter's original ballot may not be
altered. A ballot may be duplicated only if the intent of the
voter's marks on the ballot is clear and the electronic voting
equipment might not otherwise properly tally the ballot to
reflect the intent of the voter. Ballots must be duplicated by
teams of two or more people working together. When duplicating
ballots, the county auditor shall take the following steps to
create and maintain an audit trail of the action taken:
(1) Each original ballot and duplicate ballot must be
assigned the same unique control number, with the number being
marked upon the face of each ballot, to ensure that each
duplicate ballot may be tied back to the original ballot;
(2) A log must be kept of the ballots duplicated, which must
at least include:
(a) The control number of each original ballot and the
corresponding duplicate ballot;
(b) The initials of at least two people who participated in
the duplication of each ballot; and
(c) The total number of ballots duplicated.
Original and duplicate ballots must be sealed in secure
storage at all times, except during duplication, inspection by
the canvassing board, or tabulation.
[2005 c 243 § 10.]