North Dakota Regulations § 72-06-01-08 Criteria for approving ballot marking devices

Regulation Text

Before the secretary of state grants a certificate of approval, the following capabilities or features of a ballot marking device must be demonstrated to the secretary of state or the secretary of state's designee upon such official's request. As used in this section, the term "device" means ballot marking device. The secretary of state may grant a certificate of approval for a device if the device fulfills the applicable subsection requirements of North Dakota Century Code section 16.1-06-14 and is approved or certified by the EAC. The secretary of state may also require that one or more of the following capabilities or features also be included in a system prior to its approval:

1. Presents the entire ballot to the voter in a series of sequential screens that include methods to ensure the voter sees all ballot options on all screens before completing the vote and allows the voter to review all ballot choices before casting a ballot;

2. Does not allow the voter to over vote or cross-party vote and or cross-party voteinforms the voter if a contest has been under voted;

3. Is an electronic computer-controlled voting system that provides for direct marking of the voter's choices on a paper ballot without tabulation of votes cast;

4. Has a battery backup system that, at a minimum, allows voting to continue uninterrupted for two hours without external power;

5. Is designed to accommodate multiple ballot styles in each election precinct and multiple precincts;

6. Has a real-time clock capable of recording and documenting the total time polls are open in a precinct and capable of documenting the opening and closing of polls;

7. Complies with the disability voting requirements of the Help America Vote Act [ Pub. L. 107-252 ; 42 U.S.C. 15301-15545 ];

8. For security purposes, along with each associated activating and recording device and component, employs a unique, electronically implanted election-specific internal security code such that the absence of the security code prevents substitution of any unauthorized system or related component;

9. Has a color touchscreen that is at least fifteen inches [38.1 centimeters] in diagonal measure;

10. Has an option to accommodate a wheelchair voter without intervention of the poll worker other than a minor adjustment such as the angle of the display, and the voter must be able to vote in a face-first position so that privacy is maintained with the ballot surface adjusted to a vertical position;

11. Has wheels so that the system may be easily rolled by one person on rough pavement and rolled through a standard thirty-inch [76.2-centimeter] doorframe if the net weight of the system, or aggregate of voting device parts, is over twenty pounds [9.07 kilograms];

12. Is activated by an official election ballot;

13. Upon activation is able to detect any premarked votes, and if votes are present, the device will not allow the voter to mark any additional votes with the device;

14. Has the capability to display, both visually and through voice files, the marked votes on a paper ballot for the benefit of a person who is not able to read or see the marks on the ballot and who desires an independent verification of marked votes prior to casting and tabulation of the votes;

15. The system central processing unit is designed so that no executable code may be launched from random access memory. If the operating system is open or widely used, it must be an embedded system;

16. Has a programmable memory card that plugs into the system. This programmable memory card shall contain the ballot definitions;

17. Has a self-contained, internal backup battery that powers all components of the system that are powered by alternating current power. In the event of a power outage, the self-contained, internal backup battery power shall engage with no disruption of operation or loss of ballot definitions;

18. Has the capability to support early voting; and

19. Has internal operating system software or firmware that:

a. Is specifically designed and engineered for the election application;

b. Is contained within each ballot marking device;

c. Is stored in a nonvolatile memory within each terminal;

d. Includes internal quality checks such as purity or error detection and correction codes; and

e. Includes comprehensive diagnostics to ensure that failures do not go undetected.

History

Effective July 1, 2006.

Amended by Administrative Rules Supplement 2021-383, January 2022 , effective 1/1/2022 .

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