This bill amends several sections of the Idaho Code related to the counting of ballots, postelection audits, and recount procedures for automated tabulation systems. Key changes include the introduction of a provision for ballot adjudication, allowing voters to adjudicate their ballots in cases of overvotes. The bill mandates that if a ballot is found to have an overvote, it must be reviewed and adjudicated to reflect the voter's intent, either through the vote tally system's adjudication software or by producing a duplicate ballot. Additionally, the bill establishes a requirement for the Secretary of State to conduct postelection audits of selected ballots, including a hand recount and a comparison to reported results, and outlines the procedures for selecting precincts for audit.

Furthermore, the bill specifies that for ballots cast using voting machines that have overvotes or undervotes, those ballots will remain unchanged for recount purposes. It also details the recount procedures for automated tabulation systems, including the conditions under which hand tallies or automated recounts will be conducted based on discrepancies in results. The bill declares an emergency, allowing it to take effect immediately upon passage and approval.

Statutes affected:
Bill Text: 34-1203, 34-1203A, 34-2313