Title 21, Chapter 2, Section 374
( 21-2-374)
(a) The superintendent of each county or municipality shall order
the proper programming to be placed in each tabulator used in any
precinct or central tabulating location. (b) On or before the third day preceding a primary or election,
including special primaries, special elections, and referendum
elections, the superintendent shall have the optical scanning
tabulators tested to ascertain that they will correctly count the
votes cast for all offices and on all questions. Public notice of
the time and place of the test shall be made at least five days
prior thereto. Representatives of political parties and bodies,
candidates, news media, and the public shall be permitted to observe
such tests. The test shall be conducted by processing a preaudited
group of ballots so marked as to record a predetermined number of
valid votes for each candidate and on each question and shall
include for each office one or more ballots which are improperly
marked and one or more ballots which have votes in excess of the
number allowed by law in order to test the ability of the optical
scanning tabulator to reject such votes. The optical scanning
tabulator shall not be approved unless it produces an errorless
count. If any error is detected, the cause therefor shall be
ascertained and corrected; and an errorless count shall be made
before the tabulator is approved. The superintendent shall cause
the pretested tabulators to be placed at the various polling places
to be used in the primary or election. The superintendent shall
require that each optical scanning tabulator be thoroughly tested
and inspected prior to each primary and election in which it is used
and shall keep such tested material as certification of an errorless
count on each tabulator. In counties using central count optical
scanning tabulators, the same test shall be repeated immediately
before the start of the official count of the ballots and at the
conclusion of such count. Precinct tabulators shall produce a zero
tape prior to any ballots being inserted on the day of any primary
or election. (c) In every primary or election, the superintendent shall furnish,
at the expense of the county or municipality, all ballots, forms of
certificates, and other papers and supplies required under this
chapter and which are not furnished by the Secretary of State, all
of which shall be in the form and according to the specifications
prescribed, from time to time, by the Secretary of State. |