§ Miss. Code § 23-15-531.10(untitled)

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Counting votes and determining results in elections conducted with
DREs.
(1) In elections in which DRE voting equipment is used, the ballots shall be counted at the
precinct under the direction of the officials in charge of the election. All persons who perform
any duties at the precinct shall be deputized by the officials in charge of the election and only
persons so deputized shall touch any ballot, container, paper or machine utilized in the conduct
of the count or be permitted to be in the immediate area designed for officers deputized to
conduct the count.
(2) All proceedings at the precincts shall be open to the view of the public, but no person
except one employed and designated for the purpose by the officials in charge of the election
shall touch any ballot, any DRE unit or the tabulating equipment.
(3) After the polls have closed and all voting in the precinct has ceased, the poll manager
shall shut down the DRE units and extract the election results from each unit as follows:
(a) The manager shall obtain the results tape from each DRE unit and verify that the number
of ballots cast as recorded on the tape matches the public count number as displayed on the DRE
unit;
(b) If a system is established by the Secretary of State, the poll manager shall first transmit the
election results extracted from each DRE unit in each precinct via modem to the central
tabulating center of the county; and
(c) The manager shall then extract the memory card, if applicable, from each DRE unit.
(4) (a) Upon completion of shutting down each DRE unit and extracting the election results,
the manager shall cause to be completed and signed a ballot recap form, in sufficient
counterparts, showing:
(i) The number of valid ballots;
(ii) The number of spoiled and invalid ballots;
(iii) The number of affidavit ballots; and
(iv) The number of unused affidavit ballots and any other unused ballots.
(b) The manager shall cause to be placed in the ballot supply container one (1) copy of the
recap form and any unused, defective, spoiled and invalid ballots, each enclosed in an envelope
or communication pack.
(5) The manager shall collect and retain the zero tape and the results tape for each DRE unit
and place the tapes with the memory card, if any, for each unit and enclose all such items for all
of the DRE units used in the precinct in one (1) envelope or communication pack which shall be
sealed and initialed by the manager so that it cannot be opened without breaking the seal.
(6) The returning manager shall then deliver the envelope or communication pack to the
tabulating center for the county or municipality or to such other place designated by the officials
in charge of the election and shall receive a receipt therefor. The copies of the recap forms,
unused ballots, records and other materials shall be returned to the designated location and
retained as provided by law.
(7) Upon receipt of the sealed envelope or communication pack containing the zero tapes,
results tapes and memory cards, the officials in charge of the election shall verify the signatures
on the envelope or communication pack. Once verified, the officials in charge of the election
shall break the seal of the envelope or communication pack and remove its contents. The
officials in charge of the election shall then download the results stored on the memory card from
each DRE unit into the election management system located at the central tabulation point of the
county in order to obtain election results for certification.

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