Preparation of machines for election — Logic and accuracy testing and public testing

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  1. (a) Immediately upon the proper certification of candidates and questions, the county board of election commissioners shall oversee programming of the election, proof the ballots, prepare the voting machines, and test and adjust the voting machines for the election.

  2. (b) In performing these functions, the county board of election commissioners may be assisted by experts appointed or employed by the county board of election commissioners.

  3. (c)

    1. (1)

      1. (A) As soon as the election media is prepared, but no later than seven (7) days before the beginning of voting, the county board of election commissioners, with respect to all elections except a runoff election under subdivision (c)(1)(B) of this section, shall conduct logic and accuracy testing by having all election media tested to ascertain that the voting system has been correctly configured and will correctly tabulate the votes cast for all offices and on all measures.

      2. (B) As soon as the election media is prepared, but no later than five (5) days before the beginning of voting, the county board of election commissioners, with respect to a runoff election, shall conduct logic and accuracy testing by having all runoff election media tested to ascertain that the voting system has been correctly configured and will correctly tabulate the votes cast for all offices and on all measures.

    2. (2) In addition to the logic and accuracy testing under subdivision (c)(1) of this section, the county board of election commissioners shall conduct public testing as follows:

      1. (A) The county board of election commissioners shall give public notice of the time and place of the test at least forty-eight (48) hours prior to the public test by publication one (1) time in one (1) or more daily or weekly newspapers published in the town, city, or county using the machines if a newspaper is published in the town, city, or county;

      2. (B) The public test shall be open to representatives of the political parties, candidates, media, and the public;

      3. (C)

        1. (i) The public test shall be conducted by processing a preaudited group of test ballots that are to be voted on the machines so as to record a predetermined number of valid votes for each candidate and on each measure.

        2. (ii) The public test shall include for each office one (1) or more ballots which have votes in excess of the number allowed by law in order to test the ability of the machines to reject the votes; and

      4. (D) If any error is detected, the cause shall be ascertained and corrected and an errorless count shall be made before the machine is approved.

  4. (d) After completion of the logic and accuracy test and the public test, the ballots and programs used shall be sealed, retained, and disposed of as provided by law.

  5. (e) After completion of the logic and accuracy test and the public test, the county board of election commissioners shall certify the accuracy of the voting system by:

    1. (1) Sending a copy of the electronic results to the Secretary of State; and

    2. (2) Filing the test results with the county clerk.


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