114 Counting the Ballots

(A) The Election Commission shall count the votes cast for each candidate in accordance with the requirements of the Constitution [Const., Art. X, Sec. 3] as follows (in pertinent part):

The Election Commission shall certify all elections within seventy-two hours of the close of the polls.

(B) At the close of the polls, the Election Commission shall count the votes as marked on the ballots. The Election Commission shall count each vote as long as the choice of the voter can be determined. The Election Commission shall count each vote whether or not the voter cast a vote, or cast all of the eligible votes, in each category on the ballot. The candidate or candidates receiving the highest number of votes for each available seat shall be declared the winner or winners.

(C) The tallying of the votes shall be open for public observation, but the public shall remain at a reasonable distance from the Election Commission and shall not disrupt the Election Commission.

(D) At the end of the tally, the Election Commission shall determine the total vote cast for each candidate. These results shall be written down, together with the number of rejected ballots, and shall be certified by each member of the Election Commission by the signing of his name thereto. The results shall be posted at the polling place and in other public locations. The Election Commission may conduct a recount of the ballots; provided, that the recount is conducted prior to the final certification of the election results.

(E) Upon final certification of the election results, the Election Commission shall secure the ballots, including any unused, spoiled, and rejected ballots, for at least one year.