South Dakota Administrative Rules
Title 5 - Secretary of State
Article 5:02 - State Board of Elections
Chapter 5:02:09 - Automatic tabulating equipment
Section 5:02:09:01.02 - Test of tabulating equipment
Current through Register Vol. 50, page 114, March 25, 2024
The person in charge of the election shall conduct tests of the automatic tabulating equipment as required in SDCL 12-17B-5 and 12-17B-12. The tests shall be conducted by processing a preaudited group of ballots in a test deck marked to record a predetermined number of valid votes for each candidate and each measure. A tally sheet shall be created prior to the machine count to fully show how the sample of ballots is marked and what the machine vote totals must be to prove an errorless count. If more than one ballot is used in the election, a test deck shall be made for each ballot that is unique in any way. The test deck(s) shall include for each office and ballot question:
(1) One or more ballots with a vote for each candidate and each side of a ballot question;
(2) One or more ballots which have votes in excess of the number allowed by law for each office and question; and
(3) One or more ballots which contain an undervote.
At least twenty-five test ballots shall be included in the total of all test decks. Individual test decks for individual ballots shall be of sufficient size to prove the accuracy of the system. If absentee ballots are to be received folded, at least ten percent of the test ballots in any individual test deck shall be similarly folded. The person conducting the test of the tabulating equipment shall date and sign the printout, verifying that the results of the machine's printed paper vote totals exactly match the tally sheet from which the sample of ballots was marked. The test deck(s), tally sheet, and signed printout must be secured and retained with the official ballots.
The test procedure shall include the processing of at least one ballot completely blank to verify that the machine is correctly configured according to SDCL 12-17B-13.1.
If more than one tabulating machine is to be used in the election, each machine shall be fully tested according to the ballot(s) which each machine will be used to count in the election.
In addition to these tests, any test deck may be processed any time before or after completion of the official count.
General Authority: SDCL 12-17B-17(3)
Law Implemented: SDCL 12-17B-5, 12-17B-12
