13-17-510 . Random-sample audit of vote-counting machines optional after nonfederal elections -- rulemaking authority. (1) After unofficial results are available to the public in a nonfederal election, but before the official canvass by the county board of canvassers, the board of county commissioners may request a random-sample audit of vote-counting machines. (2) The random-sample audit may not include a ballot that a vote-counting machine was unable to process and that was not resolved pursuant to 13-15-206 because the ballot: (a) appeared to have at least one overvote; (b) appeared to be blank; (c) was in a condition that prevented its processing by a vote-counting machine; or (d) contained a mark, error, or omission that prevented its processing by a vote-counting machine. (3) On or before May 1, 2024, the secretary of state shall adopt rules to implement the provisions of this section, including but not limited to rules for: (a) the manner in which the random-sample audit of vote-counting machines will be conducted; (b) the process to be used for selecting precincts, races, and ballot issues for the random-sample audit; and (c) the process to be used to select the ballots that are to be included in the random-sample audit.
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