Ala. Admin. Code r. 307-X-1-.23

Current through Register Vol. 43, No. 02, November 27, 2024

Section 307-X-1-.23 - Direct Recording Electronic Voting Devices

(1) Except for the following listed rules, the use of electronic voting devices shall be not be governed by Rules 307-X-1-.03 through 307-X-1-.22 but shall be governed by this rule:

(a) Rule 307-X-1-.03, Application to Municipal Elections.

(b) Rule 307-X-1-.07, Custody and Transportation of Equipment.

(c) Rule 307-X-1-.18, Certificates of Result for Precinct Ballot Counters.

(d) Paragraph (1) of Rule 307-X-1-.19, Disposition of Forms, except as applied to marksense ballots and that there shall be no ballot accounting certificate.

(e) Rule 307-X-1-.21, Recount, except as provided for in Paragraph (6) of this Rule.

(f) Rule 307-X-1-.22, Absentee Voting.

(2) Keys. Unless the direct recording electronic voting device is designed to be locked with a key, the requirements in Chapter 17-9 relating to a key and key envelope shall not apply. However, each device shall be sealed before delivery to the polling place and after the polls close as required by Sections 17-9-17 and 17-9-33.

(3) Testing. The probate judge shall have each direct recording electronic voting device tested to ascertain that it will accurately count the votes cast for all offices and all measures. Each direct recording electronic voting device shall be publicly tested before each election in which it is to be used. The date of the public test shall be as close as is practical to the date of the election and not more than fourteen (14) days [required by § 17-24-9] before the election. Public notice of the time and place of the test shall be given. The device shall be tested by casting votes so that each candidate and each position on each amendment or other proposition shall receive at least two (2) votes. There shall be at least one over-vote in each race. In general elections, the device shall be tested for straight ticket and split ticket voting; and there shall be at least one write-in vote for each contested office. For auditing purposes, the Probate Judges shall have produced a paper record of each individual test vote cast which shall be retained with the records of the election associated with that voting device.

(4) Opening the polls. The poll officials shall follow the manufacturer's instructions to open the equipment and prepare it for voting. They shall produce a printout showing the initial values of the vote registers. The poll officials and at least two poll watchers of opposing interests (if such there be) shall check the printout to verify that the registers are set at zero and shall sign the same. The printout shall remain attached to the paper roll so that all events of the day shall be recorded on one continuous roll of paper. If any vote registers are not set on zero or if the ballot face is incorrect, the inspector shall immediately notify the probate judge or his designee. Voting shall not be permitted on such device until it has been repaired. Voters may be permitted to vote on a substitute device or use paper ballots.

(5) Challenged ballots. The procedure for challenging voters shall be the same as prescribed in Rule 307-X-1-.15 except that the votes placed on the challenged ballots are to be counted by hand by the precinct polling officials after the polls are closed. The results shall be handwritten on the tape containing the totals from the direct recording electronic vote counters. The challenged ballots shall then be placed inside an envelope and otherwise handled in accordance with state law.

(6) Recount.

(a) Where a direct recording electronic voting device system is not capable of producing a recount of individual votes cast in an election, the county canvassing authority shall provide for a retest of the direct recording electronic voting devices using the procedure provided for in Paragraph (3) of this Rule. If any of the direct recording electronic voting devices fail the retest, and if the machines failing the retest recorded a sufficient number of votes on election day to effect the result of the election, such failure shall constitute grounds for an election contest as now prescribed by law and the cost of the retest shall be borne by the county.

(b) Where a direct recording electronic voting device system is capable of producing receipts of individual votes cast, such receipts shall be deposited by the voter into a sealed container preserved for the performance of a recount or use in an election contest. Such receipts may be recounted either manually or electronically as the technology of the system provides. At the conclusion of the recount, the receipts shall be re-deposited into the container, resealed and preserved with the records of the election.

Author: Charles E. Grainger, Jr.

Ala. Admin. Code r. 307-X-1-.23

New Rule: Filed February 10, 1998; effective March 17, 1998. Amended: Filed February 7, 2002; effective March 14, 2002.

Statutory Authority:Code of Ala. 1975, § 17-24-7(b).