Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment updates
terms.
(1) Voted and unvoted
ballots shall be processed using the following rules:
(A) Voted ballots shall always be handled or
moved either by a bipartisan team or in the direct view of a bipartisan
team;
(B) In those cases where the
election authority determines it is more efficient to move voted ballots by use
of a single person, those items shall be placed into a tamperproof container
and sealed with a numbered seal. Members of a bipartisan team shall witness the
sealing and verify the number of the seal by their signatures on a certificate
placed on the exterior of the container. The container shall only be opened in
the presence of a bipartisan team which shall verify the accuracy of the seal
number before the seal is broken;
(C) The election authority shall be
responsible for insuring that sufficient certificates are made on each transfer
of ballot responsibility to accurately recreate each movement of the ballot
from one (1) team to the next. Each transfer shall include a statement that no
election material was added, subtracted or altered except as provided by
statute or rule and that no irregularities were noticed unless otherwise noted;
and
(D) The election authority or
his/her representative shall be on hand at all times in the counting center
when ballots are unsealed.
(2) Ballot counting shall be conducted as
follows:
(A) The election authority shall have
the authority to limit access by persons, other than those previously appointed
to bipartisan teams, in those areas where ballots are unsealed or are being
counted;
(B) Ballot duplication for
damaged ballots shall be done by bipartisan teams using whatever method is
selected by the election authority provided that-
1. The system provides an exact duplicate of
the voter's intent, pursuant to 15 CSR 30-9.010, 15 CSR 30-9.020, and 15 CSR
30-9.030;
2. Both members of the
team participate in the process;
3.
Both members can review the other's work;
4. There is an undisputed method to match the
duplicate ballot with its original after it has been placed with the remainder
of the ballots from that precinct; and
5. Allowances are made for watchers appointed
pursuant to section 115.107, RSMo, to perform their statutory duties;
(C) Any changes to the operating
system, application programs, files or counters used in the ballot counting
shall be documented by the election authority;
(D) The last transaction with the electronic
tabulating system prior to counting ballots shall be the public logic and
accuracy test; and
(E) The election
authority may conduct other logic and accuracy tests as s/he deems necessary
including the hand count of ballots.
(3) Prior to certification of the election
results, the accuracy and certification team shall recount the test deck used
prior to the start of ballot tabulation on each electronic tabulating machine
as follows:
(A) In the event that the counts
are not identical, the team shall not certify that the electronic tabulating
system was operating properly;
(B)
Necessary corrections shall be made to the tabulating program until the test
deck is counted properly, and all ballots shall be recounted; and
(C) If the counts are identical, the team
shall certify that the system is operating properly.
(4) After the accuracy certification team has
approved the count and before the ballots are sealed for final storage, the
team processing the ballots shall select one (1) precinct by mutual consent to
be recounted. The results of that recount shall be reported on certificates
supplied by the secretary of state. One (1) copy shall be filed with the
secretary of state within four (4) weeks of the election date and one (1) copy
shall be filed with the public records of the election.
(5) After the recount of the selected
precinct, bipartisan teams shall place all ballots and other support materials
into appropriate tamperproof containers which are sealed in such a way as to
prevent any undisclosed entry. If numbered seals are used, those numbers shall
appear on the exterior of the container and shall be witnessed by the
signatures of the team members.
*Original authority: 115.225, RSMo 1977, amended 1993,
1995.
