Current through Register Vol. 49, No. 24, December 16, 2024
(1) Election authorities in jurisdictions in
which electronic ballot tabulators are used shall be responsible for ensuring
that the devices accurately record and count all proper votes cast and that the
systems comply with all applicable state statutes and rules.
(2) The election authority shall be
responsible for taking all steps necessary to ensure that the electronic ballot
tabulators operate properly at the time of the pre-election public logic and
accuracy test and during the tabulation of votes on the day of the
election.
(3) The election
authority shall be responsible for making necessary arrangements for a backup
ballot tabulating method.
(4) The
election authority shall be responsible for providing a duplicate of the
counting program for the computer system on which the ballot tabulation is to
be done, regardless of the backup counting system used.
(5) The election authority shall be
responsible for appointing a bipartisan accuracy certification team(s) pursuant
to 15 CSR
30-10.040(5) and (6).
(6) Prior to election day the election
authority shall supervise a public logic and accuracy test of the electronic
ballot tabulators conducted by the accuracy certification team(s).
(A) The logic and accuracy test shall be open
to any member of the public, and the election authority, by some appropriate
method, shall notify the public of the time and date of the test.
(B) Persons, other than candidates and other
individuals required to be notified under section
115.233, RSMo, wishing to
participate in the testing process, in the manner provided in state law and
this rule, shall file a written request with the election authority at least
twenty-four (24) hours prior to the publicized beginning of the logic and
accuracy test.
(C) The election
authority shall cause each electronic ballot tabulator to be programmed for the
ballot style for the precinct(s) at which the electronic ballot tabulator will
be used and the programmed memory card assigned to that unit shall be inserted.
After programming the electronic ballot tabulator, each unit shall have such
internal diagnostic tests performed as shall be directed by the election
authority. Following the completion of the diagnostic tests, all units shall
have an internal logic and accuracy test performed using the programmed ballot
style for the election and precinct(s) for which the unit is being prepared and
shall test the conditions described in
15 CSR
30-10.040(7)(C). In addition, for
electronically assisted ballot marking devices, the test script shall include
votes cast using a combination of audio and touch-screen methods.
(D) The accuracy certification team(s) shall
compare the results of the electronic test to the data entered and to the
results from a manual count of the paper cast vote records and the results of a
manual count of the paper ballots to the electronic ballot tabulators. If the
results are incorrect, then changes or corrections will be made to the
programming until an errorless count is made. A unit shall not be used on
election day until an errorless count is made on that unit.
(E) After the team(s) is satisfied that the
equipment is tabulating the votes properly, each candidate on the ballot or any
representative of a group which has notified the election authority pursuant to
15 CSR
30-10.140(6)(B) may inspect the paper
audit trail for the optical scan test deck.
(G) The election authority shall make a
certification for each electronic ballot tabulator stating the serial number of
the unit, the number on the system counter of the unit, the number on the seal
with which the unit is sealed, and that the election counter and each vote
register on the unit was set at zero. The case shall be appropriately labeled
with the name of the polling location in which the unit is to be used and the
serial number of the unit. The certification shall be retained with the records
for such election and shall be stored for the same period of time and in the
same manner as required by law for other election records.
(H) All logic and accuracy test materials
shall be sealed in a tamperproof container securely sealed in such a manner
that if the container is opened, the seal will be broken beyond repair. All
members of the accuracy certification team(s) shall verify, by signature or
initials, the date and time the container was sealed on a certificate placed on
the outside of the container. The election authority shall have custody of the
logic and accuracy test materials, including the program, until called for by
the accuracy certification team.
(I) After being prepared for voting, each
electronic ballot tabulator shall be safely and securely stored until such time
as the unit is transported to the polling location in which such unit is to be
used.
*Original authority: 115.225, RSMo 1977, amended 1993,
1995, 2002.
