Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 26.05.575 - Number of votes required(a) A person may not be convicted of an offense under this chapter that is tried by a court-martial unless by the unanimous verdict of the members of the court present at the time the vote is taken.(b) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote that indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on any other question is a determination in favor of the accused.Added by SLA 2016, ch. 55,sec. 4, eff. 7/1/2016.This section was originally numbered as 26.05.505 but was changed by the revisor of statutes.