Section 124B-78 - Votes required for conviction, sentencing, and other matters(a) No person shall be convicted of an offense in a general or special court-martial, other than:(1) After a plea of guilty under section 124B-70;(2) By a military judge in a court-martial with a military judge alone under section 124B-31; or(3) In a court-martial with members under section 124B-31, by the concurrence of at least three-fourths of the members present when the vote is taken.(b) Except as provided in subsections (a) and (c), all matters to be decided by members of a general or special court-martial shall be determined by a majority vote; provided that a reconsideration of a finding of guilty or reconsideration of a sentence with a view toward decreasing the sentence 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.(c) Sentences imposed by members shall be determined by the concurrence of at least three-fourths of the members present when the vote is taken.(d) A tie vote on a challenge under section 124B-66 shall disqualify the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity shall be a determination against the accused. A tie vote on any other question shall be a determination in favor of the accused.Added by L 2022, c 286,§ 2, eff. 1/1/2023.