Wyoming Regulations § 29-6 Preparation and Logic and Accuracy (L&A) Testing

Regulation Text

(a) Preparation and L&A testing of the ballot marking, ballot printing, and ballot tabulation devices may begin after:

(i) the official ballot has been programmed and proofed;

(ii) the County Clerk has accepted the visual and audio databases; and

(iii) the official ballots have been received from the printer.

(b) Encrypted USB flash drives for the ballot marking and ballot tabulation devices shall be created from the accepted ballot database for each ballot marking device to be used in the election.

(i) Blan bkallots are returned to the voter for action;

(ii) Over-voted ballots are returned to the voter for action;

(iii) If the voter under-voted a race or races, the ballot will not be returned to the voter, but will be automatically accepted by the machine; and

(iv) Write-in votes shall be available for review in a report.

(d) Ballots produced using a ballot on demand printer must be tested as specified by the manufacturer and by the County Clerk using the voting equipment they will be tabulated on. The County Clerk shall retain a marked test deck of ballots whether printed from the vendor or the ballot on demand printer.

(e) The County Clerk shall hold a public L&A test of the voting equipment before any ballot tabulation device is used. The County Clerk shall notify in writing, as specified in W.S. 22-10-108 , the chairman of each political party and all independent candidates informing them of the date, time, and place for testing the ballot marking and ballot tabulation devices. Other witnesses may be present.

(f) Ballot marking devices shall be tested for logic and accuracy as follows:

(i) Affirm that the voter can change their candidate choice before marking their ballot;

(ii) Affirm that a voter cannot over vote;

(iii) Affirm that a blank ballot is returned to the voter;

(iv) Affirm that the ballot is accurately marked;

(v) Affirm that the audio is clearly recorded, understandable, and usable with the touch pad; and

(vi) Affirm that the ballot marked by the ballot marking device is accurately read by the ballot tabulation device.

(g) Prior to and following the public test and prior to dispatching the equipment to the polling locations, the following inventory and security precautions shall be taken:

(i) One encrypted USB flash drive shall be created from the accepted database for each ballot tabulation device to be used in the election;

(ii) A backup of the election shall be available and secured by the County Clerk;

(iii) The County Clerk shall generate a testing certificate for each device, both the ballot marking and ballot tabulation device according to the following specifications:

(A) The certificate shall include the following for the ballot marking device:

(I) The number of the seal on the USB access door; and

(II) The signature of the County Clerk and the representatives of each major political party, if any, that are present for the public L&A test.

(B) The certificate shall include the following for the ballot tabulation device:

(I) Precinct or Polling location and serial number of ballot tabulation device;

(II) The location of each non-removable seal on the ballot tabulation device and bin and its corresponding seal number, which includes the encrypted media stick;

(III) A notation that the device was set to zero (0000); and

(IV) The signature of the County Clerk and representatives of each major political party, if any, that are present for the public L&A test.

(h) Each certificate shall be kept on file in the County Clerk's Office for a minimum of 22 months or until any election contest affected by the ballots has concluded, whichever is later.

(i) The County Clerk may require all witnesses to the public L&A test to sign an attendance sheet that attests to their presence and witnessing of the testing of the voting systems equipment.

(j) All documentation of incidents occurring with either the ballot marking or the ballot tabulation device shall be retained by the County Clerk's Office.

(k) The ballot marking and ballot tabulation devices shall be stored in a secure facility, meeting manufacturer's specifications, with controlled access to only authorized personnel.

(l) A standard requirement for placement of security seals and an L&A checklist for the ballot marking and ballot tabulation devices shall be provided by the Secretary of State's office.

History

Adopted, Eff. 10/26/2020 .

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