Section 115.257

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 01 Jan 2018, 3 histories, see footnote   (history) 

  115.257.  Electronic voting machines to be put in order, procedure to be followed — absentee ballots, procedure — on-site storage of voting machines permitted. — 1.  In jurisdictions where electronic voting machines are used, the election authority shall cause the voting machines to be put in order, set, adjusted and made ready for voting before they are delivered to polling places.

  2.  At least five days before preparing electronic voting machines for any election, notice of the time and place of such preparation shall be mailed to each independent candidate and the chairman of the county committee of each established political party named on the ballot.  The preparation shall be watched by two observers designated by the election authority, one from each major political party, and shall be open to representatives of the political parties, candidates, the news media and the public.

  3.  When an electronic voting machine has been examined by such observers and shown to be in good working order, the machine shall be locked against voting.  The observers shall certify the vote count on each machine is set at zero.

  4.  After an electronic voting machine has been properly prepared and locked, its keys shall be retained by the election authority and delivered to the election judges along with the other election supplies.

  5.  For the purpose of processing absentee ballots, cast by voters in person in the office of the election authority, the election authority may cause voting machines to be put in order, set, adjusted, tested, and made ready for voting within one business day of the printing of absentee ballots as provided in section 115.281.  The election authority shall have the recording counter except for the protective counter on the voting machine set to zero (000).  After the voting machines have been made ready for voting, the election authority shall not permit any person to handle any voting machine, except voters while they are voting and others expressly authorized by the election authority.  The election authority shall neither be nor permit any other person to be in any position or near any position that enables the authority or person to see how any absentee voter votes or has voted.

  6.  Nothing in this section shall prohibit the on-site storage of electronic voting machines and the preparation of the electronic machines for voting, provided the electronic voting machines are put in order, set, adjusted and made ready for voting as provided in subsections 1, 2, 3, 4, and 5 of this section.

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(L. 1977 H.B. 101 § 8.320, A.L. 1978 H.B. 971, A.L. 2014 H.B. 1136, A.L. 2016 H.B. 1480)

Effective 1-01-18