Procedure for Recount or Contested Election

PURPOSE: This rule provides program tabulating and accuracy tests in addition to those set out in 15 CSR 30-10.020 for tabulating a recount or contested election. (1) Procedure for Recall Contest Using Electronic Data Processing System. A recall contest has two (2) parts. Part 1 consists of a yes or no vote for the recall proposal. Part 2 consists of candidates for the vacant office in the event a majority of yes votes are cast for the recall proposal. Only voters casting valid votes in Part 1 are eligible to vote in Part 2. Ballots which do not contain a vote in Part 1 and ballots which contain both yes and no votes in Part 1 represent invalid ballots not eligible to vote in Part 2, and must be manually removed from the ballots to be tabulated with the electronic processing system. Once the invalid ballots have been identified manually and have been put aside, and the total removed has been verified, the remaining valid ballots are processed to determine the number of yes and no votes for the recall proposal and the candidate(s) elected to succeed the incumbent. (2) Standard electronic data processing tests and auditing procedures shall be used to test the accuracy and validity of the programming of the electronic data processing system. AUTHORITY: section 115.225, RSMo Supp. 2023.* Original rule filed March 31, 1972, effective April 15, 1972. Emergency rescission filed Oct. 5, 1982, effective Nov. 2, 1982. Emergency rule filed Oct. 5, 1982, effective Nov. 2, 1982, expired Feb. 2, 1983. Rescinded and readopted: Filed Oct. 5, 1982, effective Feb. 11, 1983. Amended: Filed Nov. 29, 2023, effective June 30, 2024. *Original authority: 115.225, RSMo 1977, amended 1993, 1995, 2002, 2006, 2018, 2022.