R 168.910 Determining when to recount precinct.

Rule 10. (1) A precinct shall be recounted if all the following are satisfied: (a) The ballots are properly sealed in a ballot container in a manner that does not allow a ballot to be added to, or removed from, the ballot container. (b) The seal number on the seal is accurately recorded in the poll book, on the ballot container certificate, or on the statement of results. (c) The precinct is in balance, which means the number of ballots to be recounted is the same as the number of ballots issued in the precinct as shown in the poll book, the number of ballots tabulated as shown on the tabulator tape, or the number of ballots cast as shown by the county canvass; or the precinct was certified as out of balance during the county canvass and remains out of balance by an identical or fewer number of ballots. (2) A recount may still be conducted even if the precinct does not satisfy the conditions under subrule (1) of this rule, if there is a satisfactory explanation in a sworn affidavit demonstrating that the security of the ballots is preserved. (3) An explanation is satisfactory if the reason for the discrepancy does not affect the security of the ballots and demonstrates that a recount of the ballots will yield a reliable and accurate result. For example, a discrepancy that was caused by innocent human error and specifically explained in the poll book remarks, or when evaluating whether the total number of ballots and the total number of voters match, a discrepancy that was caused by spoiled or defective ballots, ballots that were duplicated for proper reasons or provisional envelope ballots not included in the ballot container. (4) The only documents that a board of canvassers may use to determine whether a precinct may be recounted are the poll book, the poll lists, the statement of results, the ballot container certificate, the total ballots counted by a tabulator, the county canvass notations on the number of ballots and electors in the poll book, affidavits, and tabulator tapes. (5) If a precinct is not eligible for a recount, the original return of the votes for that precinct must be taken as correct.