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Delaware Statutes § 5523 Logic and accuracy testing of absentee ballot tabulating equipment; authority of the state election commissioner

⤴ Up to Chapter 55: Absentee Voting

Statute Text

(a) The State Election Commissioner, in consultation with the [Department,] Department offices, shall promulgate rules and regulations relating to logic and accuracy testing of absentee ballot tabulating machines.
(b) Rules and regulations promulgated pursuant to this section shall ensure that:
(1) All machines are thoroughly tested immediately following maintenance and programming thereof to determine whether:
a. The voting system is properly programmed;
b. The election is correctly defined on the voting system; and
c. All of the voting system input, output, and communication devices are working properly;
(2) Any machine deemed unsatisfactory shall be recoded, repaired, or replaced and shall be retested;
(3) Machines are publicly tested prior to use to ascertain that they will correctly count votes cast for all offices and all measures in the upcoming election;
(4) Public notice of public tests is given at least 7 days prior to the tests being conducted;
(5) The resetting and sealing of each publicly tested machine is witnessed by the election officials, representatives of the political parties, and any candidates or candidate representatives who were in attendance;
(6) Each publicly tested machine is secured following the test in a state of readiness until the day of the election; and
(7) Records are kept of all pre-election testing of each absentee ballot tabulating machine which shall be present and available for inspection and reference during public pre-election testing of that machine by any person in attendance during such testing.

History

Amended by Laws 2019 , ch. 170 , s 46 , eff. 7/30/2019 .

Amended by Laws 2013 , ch. 275 , s 95 , eff. 7/1/2015 .

75 Del. Laws, c. 149 , § 1 .;

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