Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 10 - Voting Machines (Electronic) › Section 15 CSR 30-10.160 - Electronic Ballot Tabulation - Election Procedures (Ballot Marking Devices and Precinct Counters)

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides procedures to be used by
				  election authorities using optical scan electronic ballot tabulator voting
				  systems and ballot marking devices.
(1) Each unit or case shall only be opened in
				the presence of a bipartisan team which shall verify the accuracy of the seal
				number before the seal is broken.
(2) The election authority shall be
				responsible for ensuring that sufficient certificates or log entries are made
				on each transfer of ballot marking devices, electronic ballot tabulators,
				memory components, paper cast vote records, and ballots to accurately recreate
				each movement of the ballot marking devices, electronic ballot tabulators,
				memory components, paper cast vote records, and ballots. Each transfer shall
				include a statement that no election material was added, subtracted, or altered
				except as provided by statute or rule and that no irregularities were noticed
				unless otherwise noted.
(3) The
				election authority or his/her representative shall be on hand at all times in
				the counting center when the ballots, paper cast vote records, and memory
				components are unsealed. The units and containers shall be unsealed in the
				presence of bipartisan teams which shall verify that the seal is intact, and
				verify the seal number where numbered seals are used, before the seal is
				broken. When sealing and unsealing the containers, the members of the
				bipartisan teams shall verify the seal numbers by their signatures on a log
				sheet designed for that purpose.
(4) The tabulation and consolidation shall be
				performed in public. The election authority may make reasonable rules and
				regulations for conduct at the tabulating center, including limiting access to
				the tabulation area, to ensure the security of the results and the returns and
				to avoid interference with the tabulating center personnel.
(5) Upon receiving the ballot marking
				devices, electronic ballot tabulators, memory components, paper cast vote
				records, and ballots, the election authority shall verify that the seals are
				intact, verify the seal number where numbered seals are used, and that there is
				no evidence of tampering with the units, cases, containers, or their
				contents.
(6) Following acceptable
				procedures appropriate for the make, model, and version of the ballot marking
				device or electronic ballot tabulators in use, the election authority or
				his/her designee shall transfer the vote totals from the memory components into
				the election management system for official tabulation and
				consolidation.
(7) Prior to
				certification of the election results, the accuracy certification team(s) shall
				tabulate the same set of votes used in the pre-election internal logic and
				accuracy test performed pursuant to
				15 CSR
				30-10.140(6)(C) on each memory
				component used at the polling locations to tabulate votes on ballot marking
				devices and electronic ballot tabulators. This section shall not apply to any
				memory component on which election results are stored.
(A) If the results are not identical to those
				produced in the pre-election test for any memory component, the team shall not
				certify that the unit in which that component was used was operating properly.
1. In the case of an electronic ballot
				tabulators, the necessary corrections shall be made to the program until the
				results are identical and the ballots cast on the electronic ballot tabulators
				in which the memory component was used shall be retabulated and the
				consolidated results corrected accordingly.