Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 10 - Voting Machines (Electronic) › Section 15 CSR 30-10.140 - Electronic Ballot Tabulation - Counting Preparation and Logic and Accuracy Testing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates
				  terms.
PURPOSE: This rule provides procedures in connection
				  with the preparation of optical scan electronic ballot tabulation voting
				  systems for vote tabulation, including equipment and program preparation and
				  pre-election logic and accuracy testing and certification.
(1) Election authorities in jurisdictions in
				which electronic ballot tabulators are used shall be responsible for ensuring
				that the devices accurately record and count all proper votes cast and that the
				systems comply with all applicable state statutes and rules.
(2) The election authority shall be
				responsible for taking all steps necessary to ensure that the electronic ballot
				tabulators operate properly at the time of the pre-election public logic and
				accuracy test and during the tabulation of votes on the day of the
				election.
(3) The election
				authority shall be responsible for making necessary arrangements for a backup
				ballot tabulating method.
(4) The
				election authority shall be responsible for providing a duplicate of the
				counting program for the computer system on which the ballot tabulation is to
				be done, regardless of the backup counting system used.
(5) The election authority shall be
				responsible for appointing a bipartisan accuracy certification team(s) pursuant
				to
				15 CSR
				30-10.040(5) and (6).
(6) Prior to election day the election
				authority shall supervise a public logic and accuracy test of the electronic
				ballot tabulators conducted by the accuracy certification team(s).
(A) The logic and accuracy test shall be open
				to any member of the public, and the election authority, by some appropriate
				method, shall notify the public of the time and date of the test.
(B) Persons, other than candidates and other
				individuals required to be notified under section
				115.233,
				RSMo, wishing to participate in the testing process, in the manner provided in
				state law and this rule, shall file a written request with the election
				authority at least twenty-four (24) hours prior to the publicized beginning of
				the logic and accuracy test.
(C)
				The election authority shall cause each electronic ballot tabulator to be
				programmed for the ballot style for the precinct(s) at which the electronic
				ballot tabulator will be used and the programmed memory card assigned to that
				unit shall be inserted. After programming the electronic ballot tabulator, each
				unit shall have such internal diagnostic tests performed as shall be directed
				by the election authority. Following the completion of the diagnostic tests,
				all units shall have an internal logic and accuracy test performed using the
				programmed ballot style for the election and precinct(s) for which the unit is
				being prepared and shall test the conditions described in 15 CSR
				30-10.040(7)(C). In addition, for electronically assisted ballot marking
				devices, the test script shall include votes cast using a combination of audio
				and touch-screen methods.
(D) The
				accuracy certification team(s) shall compare the results of the electronic test
				to the data entered and to the results from a manual count of the paper cast
				vote records and the results of a manual count of the paper ballots to the
				electronic ballot tabulators. If the results are incorrect, then changes or
				corrections will be made to the programming until an errorless count is made. A
				unit shall not be used on election day until an errorless count is made on that
				unit.
(E) After the team(s) is
				satisfied that the equipment is tabulating the votes properly, each candidate
				on the ballot or any representative of a group which has notified the election
				authority pursuant to 15 CSR 30-10.140(6)(B) may inspect the paper audit trail
				for the optical scan test deck.
(G)
				The election authority shall make a certification for each electronic ballot
				tabulator stating the serial number of the unit, the number on the system
				counter of the unit, the number on the seal with which the unit is sealed, and
				that the election counter and each vote register on the unit was set at zero.
				The case shall be appropriately labeled with the name of the polling location
				in which the unit is to be used and the serial number of the unit. The
				certification shall be retained with the records for such election and shall be
				stored for the same period of time and in the same manner as required by law
				for other election records.
(H) All
				logic and accuracy test materials shall be sealed in a tamperproof container
				securely sealed in such a manner that if the container is opened, the seal will
				be broken beyond repair. All members of the accuracy certification team(s)
				shall verify, by signature or initials, the date and time the container was
				sealed on a certificate placed on the outside of the container. The election
				authority shall have custody of the logic and accuracy test materials,
				including the program, until called for by the accuracy certification
				team.
(I) After being prepared for
				voting, each electronic ballot tabulator shall be safely and securely stored
				until such time as the unit is transported to the polling location in which
				such unit is to be used.