16-449. Required test of equipment and
programs; notice; procedures manual
A. Within the period of time before the election day prescribed by the secretary of
state in the instructions and procedures manual adopted pursuant to section 16-452, the
board of supervisors or other election officer in charge, or for an election involving
state or federal candidates, the secretary of state, shall have the automatic tabulating
equipment and programs tested to ascertain that the equipment and programs will correctly
count the votes cast for all offices and on all measures. Public notice of the time and
place of the test shall be given at least forty-eight hours prior thereto by publication
once in one or more daily or weekly newspapers published in the town, city or village
using such equipment, if a newspaper is published therein, otherwise in a newspaper of
general circulation therein. The test shall be observed by at least two election
inspectors, who shall not be of the same political party, and shall be open to
representatives of the political parties, candidates, the press and the public. The test
shall be conducted by processing a preaudited group of ballots so punched or marked as to
record a predetermined number of valid votes for each candidate and on each measure and
shall include for each office one or more ballots which have votes in excess of the
number allowed by law in order to test the ability of the automatic tabulating equipment
and programs to reject such votes. If any error is detected, the cause therefor shall be
ascertained and corrected and an errorless count shall be made before the automatic
tabulating equipment and programs are approved. A copy of a revised program shall be
filed with the secretary of state within forty-eight hours after the revision is made.
If the error was created by automatic tabulating equipment malfunction, a report shall be
filed with the secretary of state within forty-eight hours after the correction is made,
stating the cause and the corrective action taken. The test shall be repeated immediately
before the start of the official count of the ballots in the same manner as set forth
above. After the completion of the count, the programs used and the ballots shall be
sealed, retained and disposed of as provided for paper ballots.
B. Electronic ballot tabulating systems shall be tested for logic and accuracy
within seven days before their use for early balloting pursuant to the instructions and
procedures manual for electronic voting systems that is adopted by the secretary of state
as prescribed by section 16-452. The instructions and procedures manual shall include
procedures for the handling of ballots, the electronic scanning of ballots and any other
matters necessary to ensure the maximum degree of correctness, impartiality and
uniformity in the administration of an electronic ballot tabulating system.
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