Part of the internal process of the PCOS at the time of voting is the creation of a digital image of each ballot. The PCOS evaluates each vote mark on the ballot digital image to check if each vote mark passes a pre-defined shading threshold. If the PCOS determines that an oval is shaded less than 20 percent, the PCOS will reject the ballot and will give the voter the chance to correct the shading. If the PCOS determines that all vote marks pass the 20 percent threshold, it then appends at the end of the ballot digital image a ballot appreciation record which shows the choices made by the voter. Following the close of polls, the PCOS generates the total number of votes garnered by each candidate and records this into the election return. As soon as the election return is completed, it is printed out and electronically transmitted to the city or municipal canvassing and consolidation server.

The question that I pose for election lawyers is: Can the ballot digital images be used for the counting of votes or for resolving election protests?

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