Mo. Code Regs. tit. 15 § 30-10.130
Current through Register Vol. 49, No. 9, May 1, 2024
Section 15 CSR 30-10.130 - Voter Education and Voting Device Preparation (DREs and Precinct Counters)PURPOSE: This rule provides for the conduct of voter education and preparation of Direct Recording Electronic voting systems (DREs) and Optical Scan Precinct Count voting systems (Precinct Counters).
(1) Before elections in which a direct recording electronic (DRE) or Precinct Counter is to be used for the first time, the election authority shall conduct a public information program to acquaint voters who will be using the system with the manner in which ballots are voted and counted.(2) DREs and Precinct Counters shall be tested in accordance with section 115.233, RSMo and 15 CSR 30-10.140, using test scripts and testing procedures appropriate for the make, model, and version of the system.(3) Each memory component must be programmed in a secured facility under the supervision of the election authority or their designated representative. Before and after programming, all memory cards shall be kept in a secure area until inserted into an assigned unit prior to the election and the local election authority must maintain a written log that records all access and transfers of all memory components.(4) In addition to the standard displayed ballot, the election authority shall ensure that alternative format ballots are available, including, but not limited to a ballot with large print and an audio ballot for use with DREs and with electronically-assisted ballot marking devices. (A) The election authority shall ensure that any alternative format ballot conforms to federal voting equipment guidelines, provides the same information presented to voters in the standard displayed ballot and can be cast and counted as a secret ballot.(B) The election authority shall ensure that the order and content of any large print ballot are presented in a manner that is consistent with that of the standard ballot.(C) The election authority shall ensure that the audio ballot is recorded correctly and that the names of the candidates are pronounced correctly in the audio recordings. The election authority shall also ensure that no candidate's name; political party, political body, or independent designation; incumbency; or other such information nor any ballot issue or answer or response thereto is emphasized, stressed or otherwise inflected in any manner to distinguish a particular candidate, party or body, issue, answer or response to a ballot issue either negatively or positively or to suggest whether to vote for or against such candidates or issues in such audio recordings.(5) Vote Recording Preparation-Polling Place. In addition to those supplies required for the conduct of elections generally, the election authority shall cause to have prepared and delivered to each polling place using DREs and Precinct Counters no later than forty-five (45) minutes prior to the opening of the polls, a sufficient quantity of the following: (A) In jurisdictions in which DREs are the principal system used to cast votes, each polling place in a primary or general election shall be provided with at least one (1) DRE for each one hundred fifty (150) registered voters. A sufficient number of DREs shall be provided for other elections. A sufficient number of assistive devices (i.e., sip-and-puff input devices, headphones, etc.) shall be provided for use with each unit provided. The DREs shall have been put in order, set, adjusted, and ready to open for voting when delivered to the polling places;(B) In jurisdictions in which DREs or electronically-assisted ballot marking devices are used to provide an accessible voting station, at least one (1) DRE or one (1) ballot marking device shall be provided in each polling location with a sufficient number of assistive devices (i.e., sip-and-puff input devices, headphones, etc.) for use with each unit provided. The units shall have been put in order, set, adjusted, and ready to open for voting when delivered to the polling places;(C) In jurisdictions in which Precinct Counters are the principal system used to cast votes, each polling place shall be provided with at least one (1) Precinct Counter. The Precinct Counter(s) shall have been put in order, set, adjusted, and ready to open for voting when delivered to the polling places;(D) Voter access or activation cards or devices programmed with the correct ballot styles for each polling location, in quantities sufficient to conduct the election and delivered to the polling place in a secure container securely sealed in such a manner that if the container is opened, the seal will be broken beyond repair;(E) Ballot boxes as required by general election law;(F) Optical Scan paper ballots in locations using Precinct Counters, provisional ballots, provisional ballot envelopes and spoiled ballot envelopes in all locations;(G) Pencils, seals, rolls of paper for DRE paper cast vote record printers and other supplies and forms deemed necessary;(H)Instruction Guide(s) for Election Judges and Clerks, for the system(s) being used, issued by the secretary of state. In addition to the Instruction Guide issued by the secretary of state, the local election authority may include instructional materials developed by the local election authority for each system used at that polling location;(I) A transfer case sufficiently large to hold, transfer to the central location from the polling place and store paper cast vote records, electronic media, any paper ballots which have been voted in a polling place and any spoiled ballot envelopes. The transfer case shall be constructed of durable material and tamperproof design and securely sealed in such a manner that if the case is opened, the seal will be broken beyond repair;(J) Two (2) sample ballots of each ballot to be voted on in the polling place; and(K) Privacy sleeves for ballots or paper cast vote records that are carried by the voter from one location in the polling place to another for verification purposes and that are not otherwise covered. AUTHORITY: section 115.225, RSMo Supp. 2005.* Emergency rule filed June 21, 2006, effective July 1, 2006, expired Feb. 22, 2007. Original rule filed June 21, 2006, effective Dec. 30, 2006. *Original authority: 115.225, RSMo 1977, amended 1993, 1995, 2002.