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-.09 - PROCEDURES FOR AUTOMATIC VOTER COUNTERS USED AS PRECINCT COUNTERS

Universal Citation: TN Comp Rules and Regs 1360-02-12-.09

Current through September 24, 2024

Detailed procedures for voting and for using automatic vote counting equipment at the precinct will be issued by the election officials in charge of the election. Procedures issued on the use of automatic vote counting equipment at the precinct shall include the following:

(1) Before the automatic vote counting equipment may be assembled for voting, the precinct officials at each polling place shall compare the number on the seal or lock number written on the tag attached to the tabulator or included on a form in the precinct supplies. If the numbers do not correspond, the precinct officials shall not assemble the automatic vote counter, but shall call the appropriate officer in charge of the delivery of the counters for assistance. If the numbers do correspond, the precinct officials may proceed with the opening procedures as they have been instructed.

(2) Precinct officials shall assemble and lock the automatic vote counter in accordance with the instructions given to them by the election officials in charge of the election. The precinct officials shall then insure that the counters' totals are zero by obtaining a 'zero' printout as instructed.

(3) The conduct of the voting at polling places where automatic vote counters are used shall be generally the same as at polling places where ordinary ballots are used insofar as practical and not otherwise provided for in this directive or in subsequent official procedures. The conduct of voting under these regulations shall include these procedures.

(a) The voter shall mark the ballot in secret with the marking device provided by the precinct officials.

(b) If the vote counter becomes inoperative, or cannot be used for any reason, the voter shall place his voted ballot into a locked ballot box known as the auxiliary or emergency ballot box until the problem with the counter has been corrected. After the polling place has closed, the precinct official, in the presence of the poll watchers, if any, shall unlock the auxiliary or emergency ballot box and insert the voted ballots into the automatic vote counter as if they had actually been inserted by the voters. If at the time the polls close, the automatic vote counter is not functioning, the officials in charge of the election may direct the precinct officials to manually count all ballots or to use a substitute automatic vote counter to count all of the ballots including those in the auxiliary or emergency ballot box.

(4) Before obtaining the precinct vote count, the precinct officials shall insert any ballots in the auxiliary ballot box into the automatic vote counting equipment. The precinct official shall then obtain the vote counts as instructed by the election officials in charge of the election.

(5) The precinct officials shall examine the ballots not read or with "write-in" votes and manually count the votes which should be lawfully counted and be added to votes counted by the automatic vote counting equipment.

Authority: T.C.A. § 2-11-201(c).

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