D.C. Mun. Regs. tit. 3, r. 3-801

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 3-801 - PRE-ELECTION LOGIC AND ACCURACY TESTING

801.1

In preparation for any election, Board employees shall conduct complete testing of the automatic tabulation system before the use of the system.

801.2

Before each election, every unit of voting equipment shall be subject to public testing referred to as logic and accuracy testing ("L&A testing").

801.3

Notice of the L&A testing period shall be provided to candidates, proponents and opponents of measures, party officials, the news media, and to any other public representatives the Board deems appropriate, at least seven (7) days before the L&A testing period begins.

801.4

Notice of the final public L&A test shall be provided to candidates, proponents and opponents of measures, party officials, the news media, and to any other public representatives the Board deems appropriate, at least forty-eight (48) hours before the final public L&A test shall occur.

801.5

An L&A test shall verify the conditions required of the voting equipment, and that each unit of voting equipment is correctly configured for the specifics of that election. Conditions required of the voting equipment are:

(a) Each unit of voting equipment contains correct ballot information, including the names or texts of all applicable candidates, contests, and ballot questions;

(b) Tabulation is accurate and consistent; and

(c) All required components of the voting equipment, including specifications mandated by the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101, et seq., are functional.

801.6

Each unit of voting equipment shall be tested by recording test votes from a predetermined script, verifying that it is possible to vote for each candidate or each answer to a question on the ballot, and that these votes are tabulated correctly.

801.7

The predetermined script shall include valid votes, overvotes, and blank votes for each candidate and each answer to a ballot question.

801.8

Equipment shall not be approved unless it produces the exact count of the predetermined script, rejects all improper votes, and meets all other test criteria. If a unit of voting equipment fails L&A testing, it shall not be used in the election and shall be subject to review.

801.9

The final public L&A test shall conclude by setting all vote totals to zero and emptying the physical or electronic ballot boxes, and then sealing the systems prior to their official use for the election.

801.10

After the final public L&A test has been successfully completed, all test votes, test results, and the computer programs tested shall be kept in sealed containers and shall not be removed from such containers except in the presence of two or more witnesses not affiliated with the Board, or two (2) or more credentialed election observers or poll watchers not of the same political party or organizational affiliation.

801.11

The voting equipment configuration tested during the L&A testing period shall be the same configuration used during the early voting period and on Election Day.

D.C. Mun. Regs. tit. 3, r. 3-801

Final Rulemaking published at 27 D.C. Reg. 1836 (May 2, 1980), incorporating the text of Proposed Rulemaking published at 27 D.C. Reg. 1222, 1231 (March 21, 1980); and further amended by Final Rulemaking published at 30 D.C. Reg. 5289, 5299 (October 14, 1983); as amended by Final Rulemaking published at 51 D.C. Reg. 5063 (May 14, 2004) 7426 (July 30, 2004); as amended by Final Rulemaking published at 51 D.C. Reg. 7426 (July 30, 2004); as amended by Notice of Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11149, 11151 (November 26, 2010); amended by Final Rulemaking published at 62 DCR 14744 (11/13/2015)

3 DCMR § 801 is formerly entitled, "Public Testing of Programs."

Authority: The District of Columbia Board of Elections and Ethics pursuant to the authority set forth in D.C. Code § 1-1001.05(a)(14).