Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 10 - Voting Machines (Electronic) › Section 15 CSR 30-10.040 - Electronic Ballot Tabulation - Counting Preparation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the statutory
				  reference and removes outdated terms.
(1) The election authority shall be
				responsible for insuring that the electronic tabulating system s/he chooses to
				use accurately records, and/or counts, all proper votes cast and complies with
				all applicable state statutes and rules.
(2) The election authority shall be
				responsible that all steps have been taken to insure that the electronic
				tabulating equipment operates properly at the time of the pre-election public
				logic and accuracy test and during the tabulation of ballots on election
				night.
(3) The election authority
				shall be responsible for making necessary arrangements for a backup ballot
				tabulating system.
(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) Prior to each election day, the election
				authority shall be responsible for appointing one (1) or more bipartisan teams
				composed of equal numbers of members from the two (2) major parties to carry
				out the functions of-certifying the accuracy of the electronic tabulating
				equipment, receiving election materials from the polls, duplicating damaged or
				defective ballots, processing ballots through the electronic tabulating system
				and preparing election materials for final storage. Each person so appointed
				shall have the qualifications of and take the oath of office prescribed for
				election judges in section
				115.091,
				RSMo. These persons will be selected from lists compiled as outlined in section
				(6) except where an election authority is a board of election commissioners,
				the election authority may designate persons of its own choosing.
(6) Beginning in 1987, not less than sixty
				(60) days prior to the first election date of each calendar year, each election
				authority, except as noted in section (5), shall notify the chairpersons of the
				two (2) major political parties within their jurisdiction of the number of
				persons from their parties needed for the bipartisan teams used in processing
				and counting ballots. Each chairperson shall have thirty (30) days to provide a
				list to the election authority of twice as many persons meeting the
				qualifications of section 115.085, RSMo, as the election authority has
				indicated are necessary. If the chairpersons cannot respond in that thirty-
				(30-) day period with the list of names or enough persons to fill all
				positions, the election authority shall select persons from that party to
				fulfill those functions. Nothing contained in this rule shall prohibit an
				election authority from requesting a new list of names for the bipartisan teams
				for each election provided that the lists are requested sixty (60) days prior
				to the election and that the chairpersons have thirty (30) days for response.
				If the election authority has not previously utilized automated tabulating
				equipment, it shall follow the same schedule as will be used in succeeding
				years except that the chairpersons shall be notified not later than sixty (60)
				days prior to the August primary.
(7) Prior to election day the election
				authority shall supervise a public logic and accuracy test of the electronic
				tabulating equipment conducted by the accuracy certification team.
(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 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 prepare an
				appropriate logic and accuracy test deck which will include the following
				conditions:
1. Each ballot position must be
				tested;
2. No two (2) candidates
				for the same office may receive the same number of votes, but each candidate
				must receive one (1) vote;
3. No
				ballot question may receive the same number of votes for and against;
4. In situations where a voter can legally
				vote for more than one (1) person for an office, at least one (1) ballot shall
				be voted for the maximum number of allowable candidates;
5. One (1) ballot shall be marked to have one
				(1) more vote for each candidate or question than is allowable;
6. One (1) ballot shall have no votes
				recorded on it;
7. Ballots should
				be marked to test all name rotations, if used; and
8. One (1) ballot (if possible) shall contain
				a vote for a candidate for whom persons using that ballot format are not
				entitled to vote.
(D) The
				accuracy certification team may run the test deck as provided by the election
				authority again, making as many additions, subtractions, or changes in the
				ballots as they desire.
(E) The
				public logic and accuracy team shall compare the results of the electronic test
				to those from a manual count of the test ballots. If the results are incorrect,
				then changes and/or corrections will be made until an errorless count is made.
				An electronic ballot tabulation machine shall not be used on election day until
				an errorless count is made on that machine.
(F) After the team is satisfied that the
				equipment is tabulating the ballots properly, each candidate on the ballot or
				any representative of a group which has notified the election authority
				pursuant to subsection (7)(B) may inspect and manually recount the test
				deck.
(G) If the results match with
				the manual count, the team shall certify that the system is accurate and
				properly counting ballots. All logic and accuracy test materials including the
				deck shall be sealed in a tamperproof container and sealed with a numbered
				seal. All team members shall verify, by signature or initials, the seal number
				on a certificate placed on the outside of the container.
(H) The election authority shall have custody
				of the logic and accuracy test materials including the program until called for
				by the accuracy certification team.