5.1.9.060 Counting the Ballots.

(a) At the close of the polls, the Election Commission shall count the votes as marked on the ballots, including absentee ballots. At the end of the tally of in-person vote results, the Election Commission shall count votes as marked on the absentee ballots in accordance with Section (b) below. After the in-person and absentee ballot vote tally, the Election Commission shall determine the total votes cast for each candidate or issue. These unofficial results shall be written down, together with the number of spoiled, rejected and unused ballots, and shall be certified by each member of the Election Commission by signing his or her name thereto.

(b) Counting Absentee Ballots

(1) The Election Commission shall verify the validity of each cast absentee ballot by reviewing the voter list and list of absentee voters that were issued an absentee ballot and other documents necessary to ensure that the voter cast only a single ballot in the election.

(A) In the event that a voter casts more than one absentee ballot, the Election Commission shall reject the older absentee ballot.

(B) In the event that the voter has voted in-person at the polling place and also by absentee ballot, the in-person vote shall be counted and the absentee ballot shall be rejected.

(2) The Election Commission shall count the votes as marked on the absentee ballots and add to the total vote tally.

(c) The tallying of the votes shall be open for public observation, but the public must remain at a distance of at least ten (10) feet from the Election Commissioners and the ballot box. The public must remain quiet and in no way interfere with the orderly tallying of the ballots. If order cannot be kept, the Election Commission shall halt the tallying until such time order has been restored.

(d) At the end of the tally, the Election Commission shall place the counted ballots, any spoiled ballots and any rejected ballots, in the ballot box. The ballot box shall be locked and sealed.