Title 21, Chapter 2, Section 322
( 21-2-322)
No voting machine shall be adopted or used unless it shall, at the
time, satisfy the following requirements: (1) It shall provide facilities for voting for such candidates as
may be nominated and upon such questions as may be submitted; (2) It shall permit each elector, in one operation, to vote for
all the candidates of one party or body for presidential electors; (3) Except as provided in paragraph (2) of this Code section for
presidential electors, it shall permit each elector, at other than
primaries, to vote a ticket selected from the nominees of any and
all parties or bodies, from independent nominations, and from
persons not in nomination; (4) It shall permit each elector to vote, at any election, for any
person and for any office for whom and for which he or she is
lawfully entitled to vote, whether or not the name of such person
or persons appears upon a ballot label as a candidate for
election; to vote for as many persons for an office as he or she
is entitled to vote for; and to vote for or against any question
upon which he or she is entitled to vote; (5) It shall preclude each elector from voting for any candidate
or upon any question for whom or upon which he or she is not
entitled to vote; from voting for more persons for any office than
he or she is entitled to vote for; and from voting for any
candidate for the same office or upon any question more than once; (6) It shall be capable of adjustment by poll officers so as to
permit each elector at a primary to vote only for the candidates
seeking nomination by the party in whose primary he or she is then
voting and so as to preclude him or her from voting for the
candidates seeking nomination by any party in whose primary he or
she is not then voting; (7) It shall fairly permit each elector to deposit, write in, or
affix upon receptacles or devices provided for the purpose ballots
containing the names of persons for whom he or she desires to vote
whose names do not appear upon the machine; provided, however,
that, if the machine does not fairly permit such a vote to be
cast, an elector desiring to vote for any person whose name does
not appear on the machine shall be permitted to vote in the
election by the use of a paper ballot which shall be furnished by
the superintendent; (8) It shall permit each elector to change his or her vote for any
candidate or upon any question appearing upon the ballot labels up
to the time he or she begins to register his or her vote or
indicates or expresses his or her intentions to register his or
her vote; (9) It shall permit and require voting in absolute secrecy and
shall be so constructed that no person can see or know for whom
any other elector has voted or is voting, save an elector whom he
or she has assisted or is assisting in voting, as prescribed by
law;
(10) It shall have voting devices for separate candidates and
questions, which shall be arranged in separate parallel rows or
columns, so that, at any primary, one or more adjacent rows or
columns may be assigned to the candidates of a party or body and
shall have parallel office columns or rows transverse thereto; (11) It shall have a public counter or other device, the register
of which is visible from the outside of the machine, which shall
show during any period of voting the total number of electors who
have operated the machine during such period of voting; (12) It shall have a protective counter or other device, the
register of which cannot be reset, which shall record the
cumulative total number of movements of the operating mechanism; (13) It shall be provided with a lock or locks, by the use of
which, immediately after the polls are closed or the operation of
the machine for a primary or election is completed, all movements
of the registering mechanism are absolutely prevented; (14) It shall be provided with a screen, hood, or curtain which
shall conceal the actions of the elector while voting; (15) It shall be constructed of material of good quality in a neat
and workmanlike manner; (16) It shall, when properly operated, register or record
correctly and accurately every vote cast; (17) It shall be so constructed that an elector may readily learn
the method of operating it; (18) It shall be safely transportable; (19) It shall be so constructed and controlled that during the
progress of voting it shall preclude every person from seeing or
knowing the number of votes registered for any candidate and from
tampering with any of the registering mechanism; and (20) If it is of a type equipped with a mechanism for printing
paper proof sheets and not requiring the counters to be made
visible in order to canvass the votes recorded on the machine, the
door or other device concealing such counters or keeping the same
concealed may be equipped with a lock or locks, requiring the
simultaneous use of three separate and substantially different
keys to open or operate the same. |