Arkansas Statutes § 7-5-611 Preparation of electronic vote tabulating devices - Test - Disposition of voting materials

Statute Text

(a)

(1) The county board of election commissioners, with respect to all elections, shall cause the electronic vote tabulating devices used for voting to be properly programmed and tested before delivery to the election precincts.

(2) As soon as the election media are prepared, but no later than seven (7) days before the beginning of voting, the county board of election commissioners, with respect to all elections except a runoff election as described in subdivision (a)(3) of this section, shall conduct logic and accuracy testing by having all election media from each electronic vote tabulating device tested to ascertain that the devices will correctly tabulate the votes cast for all offices and on all measures.

(3) In a runoff election, as soon as the election media are prepared, but no later than five (5) days before the beginning of voting, the county board of election commissioners shall conduct logic and accuracy testing by having all runoff election media from each electronic vote tabulating device tested to ascertain that the devices will correctly tabulate the votes cast for all offices and on all measures.

(b) In addition to the logic and accuracy test under subsection (a) of this section, the county board of election commissioners shall conduct public testing as follows:

(1) The county board of election commissioners shall provide public notice of the time and place of the public test at least forty-eight (48) hours prior thereto by publication one (1) time in one (1) or more daily or weekly newspapers published in the town, city, or county using the devices, if a newspaper is published therein;

(2) The public test shall be open to representatives of the political parties, candidates, the press, and the public;

(3)

(A) The public test shall be conducted by processing predetermined results from a group of ballots marked to record a predetermined number of valid votes for each candidate and on each measure for each precinct or voting location.

(B) Prior to the start of the public test, a printout shall be generated to show that no votes are recorded on the electronic vote tabulating device.

(C) The public test shall include for each office one (1) or more ballots which have votes in excess of the number allowed by law in order to test the ability of the electronic vote tabulating devices to reject such votes;

(4) If any error is detected, the cause shall be ascertained and corrected, and an errorless count shall be made before the electronic vote tabulating device or devices are certified for use in the election; and

(5) Upon completion of the public test, the electronic vote tabulating devices shall be cleared of any votes cast during the test.

(c) After completion of the logic and accuracy test and the public test, the county board of election commissioners shall certify the accuracy of the voting system by sending a copy of the electronic results to the Secretary of State and filing the test results with the county clerk.

(d)

(1) Before the opening of the polls, the poll workers shall generate a printout from the electronic vote tabulating device or devices to verify that the candidates and measures are correct for the location and that no votes are recorded on the electronic vote tabulating device or devices.

(2) The poll workers shall sign and post the printout upon the wall of the polling room where it shall remain throughout the election day.

(3) The certified printout shall be filed with the election returns.

History

Amended by Act 2017 , No. 164 , § 2 , eff. 8/1/2017 .

Amended by Act 2015 , No. 1218 , § 19 , eff. 7/22/2015 .

Acts 1977, No. 77, § 4; A.S.A. 1947, § 3-1803; Acts 1997, No. 446, § 27; 2005, No. 2233, § 43; 2009, No. 959, § 29; 2009, No. 1480, § 39.

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