Mo. Code Regs. tit. 15 § 30-10.120

Current through Vol. 47, No. 9, May 2, 2022
Section 15 CSR 30-10.120 - Ballot Management Systems

PURPOSE: This rule provides that management controls shall be instituted by local election authorities on ballot cards counted by electronic ballot tabulating equipment.

(1) Definitions.
(A) Ballot cards-the computer card on which a voter indicates their votes in the case of a punch card system or the entire ballot on which a voter marks their votes in the case of an optical scan system.
(B) Destruction of ballot cards-any method which renders the cards unusable for further use as ballot cards including burning, mechanical shredding or cutting and chemical decomposition but does not include landfilling or burying.
(2) All county election officials shall develop and operate a management system to document on the public record the acquisition and usage of all ballot cards provided to them for use in automated tabulating systems.
(3) At a minimum, the system shall provide an ongoing inventory record and a signed written affidavit on the public record for the following activities:
(A) Receipt of ballot cards including date of receipt, total shipment received and serial numbers (if available) of the ballot cards;
(B) Issuance of ballot cards to each polling place including the election date, total number of ballot cards issued and serial numbers, if available;
(C) Receipt of ballot cards from each polling place following the election including election date, a reconciliation for each precinct showing total ballots issued, total ballots voted, total ballots invalidated, total ballots lost and total ballots returned unvoted. The election authority within thirty (30) days after the election shall verify by physical count the number of unvoted ballots. Unvoted ballots shall be shown by serial numbers, if available;
(D) Issuance of ballots to the election authority for the purpose of absentee ballot preparation. This record shall contain all the elements contained in subsection (3)(B). Following the election, the election authority shall complete a record containing all information contained in subsection (3)(C);
(E) Destruction of unvoted ballots for whatever purpose the election authority deems appropriate. This record shall contain the number of ballots destroyed, the method of destruction and the serial numbers of the ballot cards, if available;
(F) Issuance of ballots for educational, testing or any purposes other than those mentioned in subsections (3)(A)-(E). In every case the record shall indicate the purpose for which the ballot cards are issued, the serial numbers of the ballots, if available, and the steps taken by the election authority, including the marking of the word VOID on the face or back of the ballot card or changes to the ballot card to insure that the ballot cards will not be used in subsequent elections; and
(G) All the affidavits in this section shall be maintained in the office of the election authority for a period of two (2) years after the date on which all ballot cards from a single shipment of ballot cards have been completely issued.
(4) Each election authority shall conduct an annual inventory of all ballot cards in their custody comparing the actual number of ballot cards in their custody with the number of cards indicated as being on their inventory records.
(A) This inventory must include verification of all serial numbers if available.
(B) The election authority shall establish the date(s) of the inventory at their discretion between April 1 and June 1 of each year.
(C) Following the required inventory, the election authority shall sign an affidavit including the actual number of ballots on hand at the end of the previous inventory, the number of ballots received since the previous inventory, the number of ballots restocked following elections or other activities outlined in section (3), the number of ballots issued or destroyed since the last inventory based on previously filed affidavits, the actual number of ballots on hand as determined by the present inventory and any discrepancies. In the case of discrepancies, the election authority shall include their assessment of the reason for the discrepancy. In all cases the affidavit shall include serial numbers, if available.
(D) One (1) copy of the affidavit shall be held by the election authority in their office for five (5) years from the date of affidavit and one (1) copy shall be forwarded to the secretary of state.

15 CSR 30-10.120

AUTHORITY: section 115.225.1., RSMo 1986.* Original rule filed Jan. 3, 1990, effective March 26, 1990.

*Original authority: 115.225, RSMo 1977.