16-445. Filing of computer election programs
with secretary of state
A. For any state, county, school district, special district, city or town election,
including primary elections, utilizing vote tabulating devices as provided in this
article, there shall be filed with the secretary of state at least ten days before the
date of the election a copy of each computer program for each election. The secretary of
state shall hold all computer program software filed pursuant to this section in escrow
for three years. The secretary of state shall securely destroy the software filed
pursuant to this section on the expiration of the three year period.
B. A copy of any subsequent revision of the computer program shall be filed in the
same manner within forty-eight hours following the revision.
C. Any tape or disc used in the programming or operation of a vote tabulating
device upon which votes are counted and any tape used in compiling vote totals shall be
kept under lock and seal, and if there is a retally of votes, the officer entrusted with
the tapes or discs shall submit his affidavit stating that they are the tapes or discs,
or both, used in the election and have not been altered.
D. All materials submitted to the secretary of state shall be used by the secretary
of state or attorney general to preclude fraud or any unlawful act under the laws of this
title and title 19 and shall not be disclosed or used for any other purpose.
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