101.40  Voting machine out of order.--In case any voting machine used in any precinct shall, during the time the polls are open, become inoperable, the election board shall substitute an operable machine, if possible, and, at the close of the polls, the records of votes shown on the counters of both machines shall be added together in ascertaining the results of the election. If no other machine can be prepared for use at the election, and the inoperable machine cannot be repaired in time for use, unofficial ballots made as nearly as possible like the official ballots may be used, received by election officers, and placed in a receptacle, in such case to be provided by said officers, and counted with votes registered on the voting machines, and the result shall be declared the same as though no machine had become inoperable. The ballots thus voted shall be preserved and returned with a certificate or statement setting forth how and why same were voted.

History.--s. 16, ch. 13893, 1929; CGL 1936 Supp. 337(16); s. 6, ch. 18405, 1937; s. 5, ch. 26870, 1951; s. 18, ch. 77-175.