Rules & Regulations of the State of Tennessee
Title 1360 - Department of State
Subtitle 1360-02 - Elections
Chapter 1360-02-12 - Electronic Vote Counting (Optical Scan) Systems Rules and Regulations
Section 1360-02-12-.08 - TESTING AND SEALING
Current through September 24, 2024
Before the automatic vote counting systems are prepared for delivery to the counting locations, each device shall be tested by the election officials in charge of the election to insure that they will operate correctly and accurately and perform the functions for which it is intended to be used. The testing procedure is as follows:
(1) A series of properly marked test ballots from the manufacturer or an independent auditing firm of CPA's shall be inserted in each vote counter to insure that the vote counter will accurately count votes for each candidate and each proposition or measure.
(2) A series of improperly marked test ballots shall also be inserted into the vote counter to ensure that votes will not be counted contrary to the program and election requirements.
(3) The testing shall be open to the public and held no later than 2 days before the election. At least 5 days prior to testing, the presiding officer of the authority holding the election shall cause to be published in the public press and posted in the county courthouse or other public location(s) the date, time, and place the testing will be conducted. The candidates or their representatives, as well as representatives of the news media and, in partisan elections, representatives of the political parties, shall be permitted to observe all testing procedures.
(4) The test ballots shall be either a special color or voided official ballots and be printed in sufficient quantity for this testing procedure.
(5) The test ballots and the results of the testing shall be sealed and retained by the county election commission.
(6) The automatic voter counter to be used as precinct counter which is delivered to a precinct or polling place, shall be reset so that its totals are zero at the opening of the polls. The automatic vote counter shall then be sealed or locked for delivery to the precinct.
(7) The automatic vote counter to be used in a central location as the central counter for absentee ballots, it shall be reset so that its totals are zero at the beginning of counting.
Authority: T.C.A. § 2-11-201(c).
