Current through the 2024 Fourth Special Session
Section 20A-5-802 - Certification of voting equipment(1) For the voting equipment used in the jurisdiction over which an election officer has authority, the election officer shall: (a) before each election, use logic and accuracy tests to ensure that the voting equipment performs the voting equipment's functions accurately;(b) develop and implement a procedure to protect the physical security of the voting equipment; and(c) ensure that the voting equipment is certified by the lieutenant governor under Subsection (2) as having met the requirements of this section.(2)(a) Except as provided in Subsection (2)(b)(ii): (i) the lieutenant governor shall ensure that all voting equipment used in the state is independently tested using security testing protocols and standards that: (A) are generally accepted in the industry at the time the lieutenant governor reviews the voting equipment for certification; and(B) meet the requirements of Subsection (2)(a)(ii);(ii) the testing protocols and standards described in Subsection (2)(a)(i) shall require that a voting system: (A) is accurate and reliable;(B) possesses established and maintained access controls;(C) has not been fraudulently manipulated or tampered with;(D) is able to identify fraudulent or erroneous changes to the voting equipment; and(E) protects the secrecy of a voter's ballot; and(iii) The lieutenant governor may comply with the requirements of Subsection (2)(a) by certifying voting equipment that has been certified by: (A) the United States Election Assistance Commission; or(B) a laboratory that has been accredited by the United States Election Assistance Commission to test voting equipment.(b)(i) Voting equipment used in the state may include technology that allows for ranked-choice voting.(ii) The lieutenant governor may, for voting equipment used for ranked-choice voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, certify voting equipment that has been successfully used within the United States or a territory of the United States for ranked-choice voting for a race for federal office.Amended by Chapter 305, 2019 General Session ,§ 5, eff. 3/26/2019.Renumbered from § 20A-5-402.5 and amended by Chapter 32, 2017 General Session ,§ 2, eff. 5/9/2017.Amended by Chapter 8, 2010 General Session.