1. (a) Unless the recount commission makes a finding under subsection (b), the recount commission shall:

   1. (1) count ballots in accordance with this article; and
   2. (2) not order that all ballots in a precinct not be counted.

2. (b) If:

   1. (1) a party to the recount presents evidence of fraud, tampering, or misconduct affecting the integrity of the ballot within a precinct; and

   2. (2) the commission determines that the fraud, tampering, or misconduct within that precinct was so pervasive that it is impossible for the commission to determine the approximate number of votes that each candidate received in that precinct;

      the commission may order that none of the ballots from that precinct be counted.

As added by P.L.3-1995, SEC.128.