§16-42  Electronic voting requirements. (a)  When used at primary or special primary elections, the automatictabulating equipment of the electronic voting system shall count only votes forthe candidates of one party, or nonpartisans.  In all elections, the equipmentshall reject all votes for an office when the number of votes therefor exceedsthe number that the voter is entitled to cast.

No electronic voting system shall be used inany election unless it generates a paper ballot or voter verifiable paper audittrail that may be inspected and corrected by the voter before the vote is cast,and unless every paper ballot or voter verifiable paper audit trail is retainedas the definitive record of the vote cast.

(b)  The chief election officer may rely onelectronic tallies created directly by electronic voting systems, in lieu ofcounting the paper ballots by hand or with a mechanical tabulation system if:

(1)  The electronic voting system is subject toinspection, audit, and experimental testing, by qualified observers, before andafter the election, pursuant to administrative rules adopted by the chiefelection officer under chapter 91;

(2)  No upgrades, patches, fixes, or alterations shallbe applied to the system through thirty days after the election;

(3)  The chief election officer conducts apost-election, pre-certification audit of a random sample of not less than tenper cent of the precincts employing the electronic voting system, to verifythat the electronic tallies generated by the system in those precincts equalhand tallies of the paper ballots generated by the system in those precincts;and

(4)  If discrepancies appear in the pre-certificationaudits in paragraph (3), the chief election officer, pursuant to administrativerules, shall immediately conduct an expanded audit to determine the extent ofmisreporting in the system. [L 1970, c 26, pt of §2; am L 1973, c 217, §6(g);am L 1979, c 139, §12; am L 2005, c 200, §1; am L 2006, c 5, §2]