52.35 - EQUIPMENT TESTED.
52.35 EQUIPMENT TESTED.
Before the date of any election at which votes are to be cast by
means of an optical scan voting system, the commissioner shall have
the automatic tabulating equipment, including the portable tabulating
devices, tested to ascertain that it will correctly count the votes
cast for all offices and on all public questions. Testing shall be
completed not later than twelve hours before the opening of the polls
on the morning of the election. The procedure for conducting the
test shall be as follows:
1. For any election to fill a partisan office, the county
chairperson of each political party shall be notified in writing of
the date, time, and place the test will be conducted, so that they
may be present or have a representative present. For every election,
the commissioner shall publish notice of the date, time, and place
the test will be conducted. The commissioner may include such notice
in the notice of the election published pursuant to section 49.53.
The test shall be open to the public.
2. The test shall be conducted by processing a preaudited group
of ballots marked so as to record a predetermined number of valid
votes for each candidate, and on each public question, on the ballot.
The test group shall include for each office and each question one or
more ballots having votes in excess of the number allowed by law for
that office or question, in order to test the ability of the
automatic tabulating equipment to reject such votes. Any observer
may submit an additional test group of ballots which, if so
submitted, shall also be tested. The state commissioner shall
promulgate administrative rules establishing procedures for any
additional test group of ballots submitted by an observer. If any
error is detected, its cause shall be ascertained and corrected and
an errorless count obtained before the automatic tabulating equipment
is approved. When so approved, a statement attesting to the fact
shall be signed by the commissioner and kept with the records of the
election.
3. The test group of ballots used for the test shall be clearly
labeled as such, and retained in the commissioner's office. The test
group of ballots and the programs used for the counting procedure
shall be sealed, retained for the time required for and disposed of
in the same manner as ballots cast in the election.
4. Those present for the test shall sign a certificate which
shall read substantially as follows:
The undersigned certify that we were present and witnessed the
testing of the following tabulating devices; that we believe the
devices are in proper condition for use in the election of ......
(date); that following the test the vote totals were erased from the
memory of each tabulating device and a report was produced showing
that all vote totals in the memory were set at 0000; that the devices
were securely locked or sealed; and that the serial numbers and
locations of the devices which were tested are listed below.
Signed ...............
(name and political party affiliation,
if applicable)
...............
(name and political party affiliation,
if applicable)
...............
Voting equipment custodian
Dated ............
Precinct Location Serial Number
..... ...... ......
..... ...... ......
..... ...... ......
Section History: Early Form
[C77, 79, 81, § 52.35] Section History: Recent Form
86 Acts, ch 1224, § 26; 97 Acts, ch 170, § 63; 98 Acts, ch 1123, §
9; 2002 Acts, ch 1134, §59, 115; 2007 Acts, ch 190, §10--12