16-664. Recount of votes by automatic tabulating system

A. In the event of a court-ordered recount of votes that were cast and tabulated on electronic voting equipment for a state primary, state general or state special election, the secretary of state shall order the ballots recounted on an automatic tabulating system to be furnished and programmed under the supervision of the secretary of state. In the event of a court-ordered recount for elections other than for the office of supervisor, the secretary of state may designate the county board of supervisors to perform the duties assigned to the secretary of state.

B. If the office of secretary of state is contested, the governor shall order the ballots recounted on an automatic tabulating system to be furnished and programmed under the supervision of the governor.

C. The programs to be used in the recount of votes pursuant to this section shall differ from the programs prescribed by section 16-445 and used in the initial tabulation of the votes.

D. The secretary of state shall conduct logic and accuracy testing on the automated tabulating system to be used in the recount of votes not more than two calendar days after the court orders a recount. Each team that is conducting a logic and accuracy test shall be supervised by a certified election officer.  A person is not eligible to serve as contract staff for logic and accuracy testing on the automated tabulating system to be used in a recount of votes if that person has been affiliated with or received any income in the preceding three years from a voting system vendor for a voting system that is used in that county.