115.541. Recount, primary election, irregularities in election--how conducted.

MISSOURI STATUTES AND CODES

115.541. Recount, primary election, irregularities in election--how conducted.

Recount, primary election, irregularities in election--how conducted.

115.541. 1. Whenever a recount is ordered pursuant tosection 115.539, the court shall order all materials and recordsrelating to the contest brought before it, so that the court hasthe same materials and records as the election judges had whilemaking the count and statements of returns. The court shall haveauthority to pass upon the form and determine the legality of thevotes brought into question and to determine the qualificationsof any voter whose vote is brought into question, provided thatthe name of a voter upon a precinct register for the pollingplace shall be prima facie evidence of the proper qualificationsof the voter. A comparison may be made between the signatures onthe identification certificates and those which appear in theprecinct registers, and no votes shall be counted except thevotes of registered voters and those entitled to vote as providedin section 115.277 without being registered. No votes of anyperson found by the court to be unqualified to vote at theprimary election shall be counted.

2. Whenever a recount of votes cast on paper ballots isordered pursuant to section 115.539 or 115.601, the court shallproceed to open and count the votes and, after the count has beencompleted, shall tabulate by voting district the votes cast forthe contestant and the contestee.

3. Whenever a recount of votes cast on any voting machineis ordered pursuant to section 115.539 or 115.601, the courtshall make visible the registering counters of the machine and,without unlocking the machine against voting, shall record thevotes cast on the machine.

4. Whenever a recount of votes cast on ballot cards isordered pursuant to section 115.539 or 115.601, the court shallsupervise a test of the automatic tabulating equipment conductedin the manner provided in section 115.233 and shall cause thevotes to be recounted automatically or may order a hand count ofthe votes. In its discretion, the court may order a new computerprogram to be made, which shall be tested in the manner providedin section 115.233 before the votes in question are recountedautomatically.