Title 21, Chapter 2, Section 450
( 21-2-450)
(a) In the precincts in which voting machines are used, the seals of
the package furnished by the superintendent shall be publicly broken
at the opening of the polls and such package shall be opened by the
chief manager. Not less than three cards of instruction and notices
of penalties, and not less than two diagrams of the face of the
machine shall be immediately posted in or about the voting room
outside the enclosed space; and such cards and notices of penalties
shall be given to any elector at his or her request, so long as
there are any on hand. The managers, before opening the envelope
containing the keys which unlock the operating mechanism and
registering counters or counter compartment of the voting machine,
shall examine the number of the seal on the machine and the number
registered on the protective counter or device and shall see whether
they are the same as the numbers written on the envelope containing
the keys. If either number shall be found not to agree, the envelope
shall remain unopened until the poll officers shall have notified
the proper custodian of voting machines, or the superintendent and
until the custodian or some other person authorized by the
superintendent shall have presented himself or herself at the
polling place for the purpose of reexamining the machine and shall
have certified that it is properly arranged. But, if the numbers on
the seal and the protective counter or device shall both be found to
agree with the numbers on the envelope, the envelope shall be
opened, and where the voting machine provided is not equipped with a
mechanism for printing paper proof sheets, the poll officers shall
examine the registering counters and, for that purpose, shall open
the doors concealing such counter, if the construction of the voting
machine shall so require; and, before the polls are opened, each
manager shall carefully examine every counter and shall see that it
registers zero. When the voting machine provided is equipped with a
mechanism for printing paper proof sheets and requires the
simultaneous use of three keys to unlock the registering counters or
counter compartment, the chief manager shall deliver one of the two
keys to an assistant manager, to be retained by him or her, and
shall then print at least two proof sheets, one of which each
manager shall carefully examine to ascertain whether every counter
registers zero and shall then preserve such proof sheets to be
signed by them and returned to the superintendent, with the
duplicate return sheet, and shall sign and post the other proof
sheet upon the wall of the polling place, where it shall remain
until the polls are closed. The key delivered by the chief manager
to such assistant manager, as provided in this subsection, shall be
retained by him or her until the polls have been closed; and the
voting and counting mechanism of the machine shall have been locked
and sealed against voting and shall then be returned to the chief
manager, for return by him or her to the superintendent, as provided
in this part. (b) If the ballot labels containing the names of officers, political
parties and bodies, candidates, and questions shall not be in their
proper places on the voting machine, the poll officers shall
immediately notify the proper custodian of voting machines or the
superintendent, and the machine shall not be used until the
custodian or some other person authorized by the superintendent
shall have supplied ballot labels as provided in this subsection.
If the ballot labels for a voting machine shall not be delivered at
the time required or, if after delivery, they shall be lost,
destroyed, or stolen, the superintendent or custodian shall cause
other ballot labels to be prepared, printed, or written, as nearly
in the form of the official ballot labels as practicable, and shall
cause such ballot labels to be used in the same manner, as nearly as
may be, as the official ballot labels would have been used. (c) The managers shall sign a certificate showing: (1) The identifying number or other designation of the voting
machine; (2) The delivery of the keys in a sealed envelope; (3) The number on the seal upon the machine; (4) The number registered on the protective counter or device; (5) That all the counters were set at zero; and (6) That the ballot labels are properly placed in the machine, which certificate shall be returned by the chief manager to the
superintendent with the other certificates, as provided in this
part. (d) The machine shall remain locked against voting until the polls
are opened and shall not be operated except by electors in voting.
If any counter is found not to register zero, the poll officers
shall immediately notify the custodian or the superintendent, who
shall, if practicable, adjust or cause the counters to be adjusted
at zero; but, if it shall be found impracticable for the custodian
or other person authorized by the superintendent to arrive in time
so as to adjust such counters before the time set for opening the
polls, the poll officers shall immediately make a written record of
the designation or designating letter or number of such counter,
together with the number registered thereon (called the initial
number below) and shall sign and post the same upon the wall of the
polling place, where it shall remain until the polls are closed;
provided, however, that if the voting machine used is equipped with
a mechanism for printing paper proof sheets, in any case where any
counter is shown by such proof sheet not to register zero, if it
shall be found impracticable to have such counter adjusted before
the time set for opening the polls, the poll officer shall sign such
printed proof sheet and post the same upon the wall of the polling
place where it shall remain until the polls are closed; and, in
filling out the returns of the election, if the final number of such
counter is greater than the initial number, the poll officers shall
subtract the initial number from the final number and enter the
difference on the returns as the vote for the candidate or on the
question represented by such counter; if the final number of such
counter is less than the initial number, the poll officers shall add
1,000 to the final number, shall subtract the initial number from
the sum so ascertained, and shall enter upon the returns as the vote
for the candidate or on the question represented by such counter the
final plus 1,000 less the initial number. (e) The exterior of the voting machine and every part of the polling
place shall be in plain view of the poll officers. The voting
machine shall be located at the polling place, at least six feet
back of the guardrail or barrier, in such a position that, unless
its construction shall require otherwise, the ballot labels on the
face of the machine can be seen plainly by the poll officers when
the machine is not occupied by an elector. (f) The poll officers shall not themselves be, nor allow any other
person to be, in any position that will permit anyone to see or
ascertain how an elector votes or how he or she has voted. A poll
officer shall inspect the face of the machine at least once every
hour during the time when the polls are open to see that the ballot
labels are in their proper places and that the machine has not been
damaged or tampered with. (g) If during the primary or election a voting machine becomes inoperative in such manner that it cannot be readily repaired without exposing the count on the candidate counters, the poll officer shall immediately lock and seal the operating lever or mechanism of the machine so that the voting and counting mechanism will be prevented from operation. Upon the close of the polls, the poll officers shall perform their duties set forth in Code Sections 21-2-454 through 21-2-457 with respect to such machine. If necessary, because of the lack of another machine or other machines for use by the electors, after a voting machine becomes inoperative, paper ballots shall be used. |