Administrative Rules of Montana
Department 44 - SECRETARY OF STATE
Chapter 44.3 - ELECTIONS
Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines
Rule 44.3.1704 - CRITERIA OF EXAMINATION
Universal Citation: MT Admin Rules 44.3.1704
Current through Register Vol. 6, March 22, 2024
(1) The examination of a mechanical voting machine shall be conducted by the examiner or examiners to ensure that the machine meets the criteria set out in ARM 44.3.1703(1) as well as:
(a) It shall be determined that if
levers or buttons of any description are used as the method of casting a ballot
that such levers or buttons will produce a positive vote regardless if they are
fully depressed or not.
(b) If the
system includes its own voting booth or compartment provision shall be made for
a larger voting area which will accommodate a wheelchair and/or persons named
to assist a handicapped elector.
(c) It shall be determined, in the judgment
of the examiners whether or not the system complies with all other applicable
requirements of the election laws.
(2) The examination of a voting device shall be conducted by the examiner or examiners as follows:
(a) It shall be determined that the criteria
in ARM 44.3.1704 are met.
(b) By tabulation of the preprogrammed
materials supplied under ARM
44.3.1702(1)(e),
it shall be determined whether the tabulating apparatus will count accurately
on no less than two nor more than five tabulations of the materials so
supplied. Any difference in count on any tabulation of preprogrammed material
shall be deemed a material cause for rejection of the system.
(c) A set of sample ballots, not less than 25
nor more than 100 in number, shall be marked or pierced at the site of the
examination by a person present other than the applicant or his agent. Such set
shall be tabulated no less than two nor more than five times. The failure of
any subsequent tabulation to agree completely with the initial tabulation shall
be deemed a material cause for rejection of the system.
(d) At least two of the ballots marked or
pierced under ARM
44.3.1703(1)(b)
shall contain a vote for one office in excess of the number of votes which an
elector would be entitled to cast for such office. Failure of the machine to
reject such ballot shall be deemed a material cause for rejection of the
system.
(e) The manufacturer or his
agent shall demonstrate the extent to which bending, folding or otherwise
abusing a ballot or ballot card is possible without causing said ballot or
ballot card to be unusable in the tabulating equipment. If more than one per
cent of the ballots marked or pierced at the site of the examination shall be
rejected by the tabulating equipment for such cause, such rejection shall be
deemed a material cause for rejection of the system.
(f) If the system being examined uses a paper
ballot which is to be marked with ink or other visible substance, the
manufacturer or his agent shall demonstrate the extent to which a mark may fail
to cover the voting space, or fail to be in ideal position before the vote
shall fail to be counted by the tabulating equipment.
(g) Failure of the tabulating equipment to
count a vote cast because of the condition of the mark made thereon shall be
deemed a material cause for rejection of the system, if, in the opinion of the
examiners, such mark would have been counted for the person voted for if the
ballots were manually tabulated.
(h) Engineering change orders considered to
be de minimis changes to voting systems shall be reviewed and approved by the
Secretary of State upon written application.
13-17-103, 13-17-107, MCA; IMP, 13-17-101, 13-17-103, MCA;
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