809.1 The rules of this section shall apply to all instances when manual vote tabulation may occur, including, but not limited to, manual tabulation required by law and this chapter, discretionary manual tabulation, tabulation of write-ins, audits, and recounts.

809.2 Validity of ballots and votes shall be determined pursuant to the rules of this chapter.

809.3 Whenever votes cast on DRE machines are counted by hand, the voter-verified paper audit trail (VVPAT) shall be the ballot of record. Whenever the VVPAT is damaged or illegible, the cast ballot audit log shall become the ballot of record and be reproduced in accordance with vendor guidelines and public manner.

809.4 The counting shall be conducted by counting teams of two (2) or more officials. An election official known as the "Counting Team Captain" shall be designated as being in charge of one or more counting teams as determined by the Executive Director, or his or her designee. The counting shall proceed according to administrative proceed according to administrative procedures established by the Executive Director.

SOURCE: Final Rulemaking published at 27 DCR 1836 (May 2, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1222 (March 21, 1980); renumbered by Final Rulemaking published at 31 DCR 2129, 2130 (May 4, 1984); as amended by Final Rulemaking published at 31 DCR 4524, 4527 (September 14, 1984); as amended by Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Emergency and Federal Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 941 (February 10, 2012).