Kentucky Administrative Regulations › Title 31 - STATE BOARD OF ELECTIONS › Chapter 2 - Electronic Voting Systems › Section 31 KAR 2:020 - Accuracy test and setting of voting systems prior to election day

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 116.025,
				116.065,
				117.075,
				117.125,
				117.145,
				117.155,
				117.165,
				117.175,
				117.195,
				117.205,
				117.215,
				117.255,
				117.275,
				117.285,
				117.375,
				117.377,
				117.379,
				117.381,
				117.383,
				117.385,
				117.387,
				117.389,
				117.391,
				117.393,
				118.015,
				118.215(1),
				118.770,
				118A.010,
				119.005,
				424.290
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				117.383(1) requires the
				State Board of Elections to promulgate rules and administrative regulations to
				achieve and maintain the maximum degree of correctness, impartiality, and
				efficiency of the procedures of voting.
				KRS
				117.383(6) requires the
				State Board of Elections to promulgate rules and administrative regulations to
				provide for checking the accuracy of the equipment.
				KRS
				117.389 requires the State Board of Elections
				to prescribe the manner by which the county clerk shall have the automatic
				tabulating equipment tested not less than five (5) days prior to the election
				day. This administrative regulation establishes the procedures for checking the
				accuracy of the voting equipment and testing the automatic tabulating equipment
				prior to each election to achieve and maintain the maximum degree of
				correctness, impartiality, and efficiency of the procedures of voting and
				setting the voting equipment prior to the public examination performed
				according to
				KRS
				117.165.
Section
			 1. Definitions.
(1) "Accuracy
			 Board" means the county board of elections or at least two (2) individuals
			 appointed by the county board of elections in accordance with this
			 administrative regulation.
(2)
			 "Accuracy test" means the checking of the accuracy of the voting equipment
			 required by
			 KRS
			 117.383(6) and the testing
			 of the automatic tabulating equipment and voting systems required by
			 KRS
			 117.389.
(3) "Accuracy test checklist" means a
			 checklist prepared by the county board of elections for each voting machine and
			 voting system in accordance with Section 4 of this administrative
			 regulation.
(4) "Ballot style"
			 means the ballot unique to a specific precinct listing the federal, state,
			 county, and local candidates, offices, and ballot questions for which a voter
			 in the precinct may cast a vote.
(5) "Certificate" means the County Board of
			 Elections Certificate of Completion of Accuracy Test, SBE 16.
(6) "Certification" means the information
			 provided by the county clerk to the program administrator that includes an
			 accurate listing of all federal, state, county, and local candidates; offices;
			 and ballot questions to be placed on the ballot for each voting machine or
			 voting system for each precinct within five (5) days of receiving the
			 certification of candidates by the Secretary of State, pursuant to
			 KRS
			 118.215(1), or immediately
			 after receiving the Secretary of State's certification pursuant to
			 KRS
			 118.770.
(7) "Program administrator" means the county
			 clerk or authorized assistant designated to configure the voting machines and
			 voting systems as required by
			 31
			 KAR 2:010.
(8) "Public examination" means the
			 examination conducted by the county board of elections prior to election day
			 pursuant to
			 KRS
			 117.165.
(9) "Tally sheet" means a listing of the
			 results from the test deck to be compared to the results printout from each
			 voting machine or voting system after an accuracy test.
(10) "Test deck" means a set of example
			 ballots marked with predetermined results or a set of predetermined votes
			 prepared by the Accuracy Board used to perform an accuracy test on each voting
			 machine or voting system in accordance with Section 3 of this administrative
			 regulation.
(11) "Verification
			 sheet" means the sheet approved by the county board of elections for each
			 voting machine and voting system in accordance with Section 6 of this
			 administrative regulation.
(12)
			 "Voting machine" means hardware, which is a component of the voting system,
			 used or relied upon by a voter in casting and recording his or her votes in a
			 precinct in an election, which has been approved by the State Board of
			 Elections for use in elections in the Commonwealth of Kentucky, pursuant to
			 KRS
			 117.379 and
			 117.381.
(13) "Voting system" means a system of
			 components of hardware and software, including the voting machine, used by a
			 voter to cast a ballot and by the election officials to tabulate the votes on
			 election day, which has been approved by the State Board of Elections for use
			 in elections in the Commonwealth of Kentucky, pursuant to
			 KRS
			 117.379 and
			 117.381.