T34CH24

Title 34 > T34CH24

Sections (28)

34-2401

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2401. Definitions. As used in this chapter: (1) Ballot means any material used or the voting surface of a direct recording electronic system on which votes are cast for offices, candidates and measures. (2) Ballot card means the tabulating card or cards of any size upon which the voter records his vote. (3) Election means all state, county, city, district and other political subdivision elections including bond issue elections. (4) Governing body means the board of county commissioners of any county or the governing body of any city, district or other political subdivision elections including bond issue elections. (5) Measure means a proposed law, act or part of an act of the legislative assembly or amendment to the constitution of the state of Idaho to be submitted to the people for their approval or rejection at an election. Measure also means other propositions that can be submitted to the voters at any election by counties, cities, districts or other political subdivisions. (6) Precinct includes all election districts. (7) Vote tally system means the total combination of equipment, including hardware, firmware, software, materials, and documentation, used to perform the following functions of an election: (a) To define or read ballots and verify accuracy; (b) To mark, scan, and count ballots; (c) To report or produce election results; and (d) To maintain and produce any audit trail information. (8) Voting machine means: (a) Any mechanical or electronic device that will record every vote cast by any voter on candidates and measures and that will either internally or externally total all votes cast on that device; or (b) Any device into which a ballot card may be inserted and that is so designed and constructed that the vote for any candidate or measure may be indicated by marking the ballot card. History: [34-2401, added 1970, ch. 140, sec. 132, p. 351; am. 1974, ch. 3, sec. 1, p. 17; am. 2001, ch. 272, sec. 3, p. 994; am. 2003, ch. 48, sec. 14, p. 187; am. 2024, ch. 260, sec. 2, p. 902.]

34-2402

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2402. Authority to use. It is the policy of this state that at all elections, including bond issue elections, that ballots or votes may be cast, registered, recorded and counted by means of voting machines or vote tally systems as provided in this chapter. History: [I.C., sec. 34-2402, as added by 1974, ch. 3, sec. 3, p. 17.]

34-2403

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2403. Applicability of other laws. All election laws, including, but not limited to, bond election laws, city charters or ordinances, not inconsistent with this chapter, shall apply to all elections in election precincts where voting machines or vote tally systems are used. No provision of law, city charter or ordinance which in any way conflicts with this chapter or with the use of voting machines or vote tally systems as provided in this chapter, shall operate to prohibit use of voting machines or vote tally systems in any election or bond issue election. History: [I.C., sec. 34-2403, as added by 1974, ch. 3, sec. 5, p. 17.]

34-2404

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2404. Tampering with machines prohibited. (1) No person shall: (a) Tamper with or injure or attempt to injure any voting machine or vote tally system to be used or being used in an election; (b) Tamper with any voting machine or vote tally system that has been used in an election; or (c) Prevent or attempt to prevent the correct operation of any voting machine or vote tally system. (2) No unauthorized person shall make or have in his possession a key to a voting machine to be used or being used in an election. (3) The secretary of state may authorize access to voting machines or vote tally systems with consent of the county clerk for the purposes of testing, inspection, maintenance, or any other reason deemed necessary by the secretary of state. Such authorization shall be in writing. (4) Neither the secretary of state nor any officer or employee of any county, city, district or other political subdivision using voting machines or vote tally systems shall solicit or accept any compensation, other than amounts paid by the governmental unit, in connection with the sale, lease or use of voting machines or vote tally systems. History: [34-2404, added 1970, ch. 140, sec. 135, p. 351; am. 2024, ch. 260, sec. 3, p. 902.]

34-2405

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2405. Authority for procurement of machines. (1) After consultation with the county clerk as chief elections officer of his county, the governing body at any regular meeting or a special meeting called for the purpose, may rent, purchase or otherwise procure, and provide for the use of, in all or a portion of the election precincts of the county, any voting machine or vote tally system which the governing body deems to be in the best interest of that county and which machine or system is approved by the secretary of state. (2) Thereafter the voting machine or vote tally system shall be used for voting and for receiving, registering and counting the votes in all primary and general elections held in such precincts. (3) In all other elections, the voting machine or vote tally system may be used for voting, receiving, registering and counting the votes at the direction of the county clerk. History: [34-2405, added 1970, ch. 140, sec. 136, p. 351; am. 1972, ch. 129, sec. 1, p. 257.]

34-2406

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2406. Joint purchase and use of machines authorized. (1) In procuring the necessary voting machines or vote tally systems to be used, a governing body of any county, city, district or other political subdivision in the county, may by agreement entered into by the board of county commissioners and the governing bodies of cities, districts or other political subdivisions, provide for the joint purchase and subsequent ownership of voting machines or vote tally systems and for the care, maintenance and use of the machines or vote tally systems. (2) The governing body of two (2) or more counties may by agreement provide for the joint use of voting machines or vote tally systems. History: [34-2406, added 1970, ch. 140, sec. 137, p. 351.]

34-2407

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2407. Purchase of machines — Manner of payment. (1) The governing body may, on the adoption and purchase of voting machines or vote tally systems, provide for their payment in the method it determines to be for the best interest of the county, city, district or other political subdivision. The governing body may make contracts for the purchase of the machines or vote tally systems with such provisions with regard to price, manner of purchase and time of payment that the governing body determines are proper. (2) For the purpose of paying for voting machines or vote tally systems, the governing body may: (a) Issue bonds, warrants, notes or other negotiable obligations. The bonds, warrants, certificates, notes or other obligations shall be a charge upon the county, city, district or other political subdivisions. (b) Pay for the voting machines or vote tally system in cash out of the general fund. (c) Provide for the payment for the voting machines or vote tally systems by other means. (3) In estimating the amount of taxes for the general fund, if any, the amount required for payment for voting machines or vote tally systems shall be added, extending over the time required to pay for the machines or vote tally systems. History: [34-2407, added 1970, ch. 140, sec. 138, p. 351.]

34-2408

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2408. Prior approval required for issuance of bonds. The governing body of any county shall, prior to authorizing the issuance of bonds obtain the approval in writing of the secretary of state as to the type and number of machines or vote tally systems to be purchased and the price to be paid therefor. History: [34-2408, added 1970, ch. 140, sec. 139, p. 351.]

34-2409

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2409. Examination of machines by secretary of state prior to certification. (1) The secretary of state shall publicly examine all makes of voting machines or vote tally systems submitted to him and determine whether the machines or vote tally systems comply with the requirements of this chapter and can safely be used by voters at elections under the provisions of this chapter. All voting machines or vote tally systems shall be certified by the secretary of state for use in Idaho. Except for functions or capabilities unique to this state, voting machines and vote tally systems shall be tested by a voting system testing laboratory prior to the examination of voting machines and vote tally systems by the secretary of state. (2) Any person owning or interested in a voting machine or vote tally system may submit it to the secretary of state for examination. No examination shall be conducted unless documentation is provided indicating that the voting machine or vote tally system meets United States election assistance commission guidelines. For the purpose of assistance in examining the machine or vote tally system, the secretary of state may employ not more than three (3) individuals who are expert in one (1) or more of the fields of data processing, mechanical engineering, and public administration. The compensation of these assistants shall be paid by the person submitting the machine or vote tally system. (3) Within thirty (30) days after completing the examination of any voting machine or vote tally system, the secretary of state shall make and file in his office his report and determination of certification on the machine or vote tally system, together with a written or printed description and drawings or photographs clearly identifying the machine or vote tally system and the operation thereof. As soon as practicable after such filing, the secretary of state upon request shall send a copy of the report to any governing body within the state. (4) Any voting machine or vote tally system that receives the certification of the secretary of state may be used for conducting elections in this state. Any machine or vote tally system that does not receive such certification shall not be adopted for or used at any election. After a voting machine or vote tally system has been certified by the secretary of state, any change or improvement in the machine or vote tally system that does not impair its accuracy, efficiency, or capacity shall not render necessary a reexamination or recertification of the machine or vote tally system. (5) Any voting system, including paper ballots, that was used in the 2004 general election shall be continued to be authorized for use as long as the voting system meets the requirements of the Help America Vote Act of 2002, Public Law 107-252. (6) For all elections conducted after 2004, no direct recording electronic voting device shall be used unless the dire

34-2410

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2410. Specifications for voting machines or vote tally systems. (1) No voting machine or vote tally system shall be approved by the secretary of state unless it is constructed so that it: (a) Secures to the voter secrecy in the act of voting. (b) Provides opportunity for voters to vote for candidates of as many political parties or organizations as may make nominations and for or against as many measures as may be submitted. (c) Permits the voter to vote for any person for any office and upon any measure that he has the right to vote for. (d) Permits the voter, except at primary elections, to vote for all the candidates of one (1) party or in part for the candidates of one (1) party and in part for the candidates of one (1) or more other parties. (e) Permits the voter to vote for as many persons for an office as he is lawfully entitled to vote for but no more. (f) Prevents the voter from voting for the same person more than once for the same office. (g) Correctly registers or records all votes cast for any and all persons and for or against any and all measures. (h) Can reject any vote cast in excess of the number that the voter is entitled to vote, which shall be considered an overvote. (i) Provides that a vote for more than one (1) candidate cannot be cast by one (1) single operation of the machine or vote tally system. (2) A vote tally system shall be: (a) Capable of correctly counting votes on ballots or ballot cards on which the proper number of votes have been marked for any office or question or issue that has been voted. (b) Capable of ignoring the votes marked for any office or question or issue where more than the allowable number of votes have been marked, but shall correctly count the properly voted portions of the ballot card. (c) Capable of accumulating a count of the specific number of ballots or ballot cards tallied for a precinct, accumulating total votes by a candidate for each office, and accumulating total votes for and against each question and issue of the ballots or ballot cards tallied for a precinct. (d) Capable of tallying votes from ballots or ballot cards of different political parties, from the same precinct, in the case of a primary election. (e) Capable of accommodating rotation of candidates’ names on the ballot or ballot card, provided that all ballots or ballot cards from one (1) precinct shall be of the same rotation sequence. (f) Capable of automatically producing precinct totals in either printed, marked, or digital form, or combinations thereof. (3) No vote tally system shall be connected to the internet at any time, and no vote tally system shall receive or transmit data through wireless communications. The provisions of this subsection shall not apply to electronic poll books authorized pursuant to section 34-1106A , Idaho Code. History: [34-2410, added 1970, ch. 140, sec. 141, p. 351; am. 2024, ch. 260, sec. 5, p. 904.]

34-2411

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2411. Duties of clerks of election boards. (1) The secretary of state shall issue an administrative order outlining the duties of each of the clerks on the election board. He shall devise and prescribe for use by each local election officer the contents, form, character and kinds of ballots, ballot cards, formats, records, papers and documents and other materials and supplies and procedures necessary in the use of voting machines or vote tally systems and in the process of counting and tabulating the ballots by mechanical or electrical counting devices or equipment or computers. (2) The secretary of state shall prescribe rules to achieve and maintain the maximum degree of correctness, impartiality, and efficiency on the procedures of voting and of counting, tabulating, and recording votes by the devices, machines or vote tally systems and methods provided by this chapter. History: [34-2411, added 1970, ch. 140, sec. 142, p. 351; am. 2024, ch. 260, sec. 6, p. 905.]

34-2412

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2412. Composition of precinct election boards. (1) The election board of each election precinct in which a voting machine or vote tally system is used shall consist of an election judge and one (1) or more clerks. Each election board shall contain personnel representing all existing political parties if a list of applicants has been provided to the county clerk by the precinct committeemen of the precincts at least sixty (60) days prior to the primary election. The county clerk shall establish the number of election board clerks. (2) The qualifications and duties of election judges shall apply to the appointment of election board clerks in counties or precincts where voting machines or vote tally systems are used. History: [34-2412, added 1970, ch. 140, sec. 143, p. 351; am. 1974, ch. 75, sec. 1, p. 1162; am. 1989, ch. 346, sec. 1, p. 873; am. 2012, ch. 211, sec. 12, p. 578.]

34-2413

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2413. Preparation of machines for use — Instructions. (1) Before each election at which voting machines or vote tally systems are to be used, the county clerk of a county, in which voting machines or vote tally systems are to be used, shall cause them to be properly prepared and shall cause the election board to be properly instructed in their use. (2) For the purpose of giving such instruction, the county clerk shall call the meeting or meetings of the election board that are necessary. Each election board shall attend the meetings and receive the instruction necessary for the proper conduct of the election with the machine or vote tally system. (3) No election board judge or clerk shall serve in any election at which a voting machine or vote tally system is used unless he has received the required instruction and is fully qualified to perform the duties in connection with the machine or vote tally system; but this requirement shall not prevent the appointment of an election board clerk to fill a vacancy in an emergency. History: [34-2413, added 1970, ch. 140, sec. 144, p. 351; am. 2012, ch. 211, sec. 13, p. 579.]

34-2414

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2414. Printed matter and supplies. (1) The election officer charged with the duty of providing ballots shall provide all necessary instruction, forms and supplies required for the proper use of the voting machines or vote tally systems. (2) Within a proper and reasonable time before the first election at which voting machines or vote tally systems are to be used, the secretary of state shall prepare samples of the printed matter and supplies required. He shall furnish one (1) of each of the samples to the election officer in charge of the election of each county, city, district or other political subdivision in which the machines or vote tally systems are to be used. (3) The county clerk or other election officer shall deliver voting machines to each election board as provided for election supplies. History: [34-2414, added 1970, ch. 140, sec. 145, p. 351.]

34-2415

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2415. Preparation of polling place for election. (1) The election board of each election precinct in which a voting machine is to be used shall meet at the polling place for the election precinct at least thirty (30) minutes before the time set for opening the polls. Before preparing the machine for voting, the election board shall cause the voting machine to be placed where it can be conveniently attended by the election board and conveniently operated by the voters and where the machines can be plainly seen by the election board and the public when not being voted on. (2) After performing its duties as provided in this section, the election board shall certify to the fact in the appropriate places in the poll book. History: [34-2415, added 1970, ch. 140, sec. 146, p. 351; am. 2024, ch. 260, sec. 7, p. 905.]

34-2416

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2416. Procedure for preparing machines for an election. (1) In preparing a voting machine for an election, the county clerk or the clerk of the city, district or other political subdivision, as the case may be, shall: (a) Arrange the machine so that it shall in every particular case meet the requirements of voting and counting at such elections; and (b) Thoroughly inspect and test the machine and file a certificate in his office. (2) Representatives of political parties and candidates shall be permitted to examine the voting machines or vote tally systems. History: [34-2416, added 1970, ch. 140, sec. 147, p. 351; am. 2024, ch. 260, sec. 8, p. 905.]

34-2417

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2417. Notice of locations of voting machines and polling places. Before preparing the voting machines or vote tally systems for any election, the county clerk shall mail to the chairman of the county or legislative district central committees of each political party who has notified such clerk that notice is desired, a written notice stating the time and place or places where voting machines or vote tally systems will be prepared for the election. At such times and places, one (1) representative of each political party is entitled to be present and see that the machines or vote tally systems are properly prepared and placed in proper condition and order for use at the election. In nonpartisan elections each candidate may designate one (1) representative who has the same powers as the political party representatives. The political party and candidate representatives shall certify that they have witnessed the testing and preparation of the machines or vote tally systems. The certificates shall be filed in the office of the county clerk. History: [34-2417, added 1970, ch. 140, sec. 148, p. 351.]

34-2418

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2418. Ballots. (1) The ballots required to be furnished for general or special elections shall be printed in black ink on clear white material of such size and arrangements as to suit the construction of the machine. The ballot for measures may contain a condensed statement of purpose for each measure to be voted on, accompanied by the words Yes and No. The title of the offices on the ballot shall be printed in type as large as the space for the office will reasonably permit. Where more than one (1) candidate can be voted for an office, there shall be printed below the office title words indicating the number the voter is lawfully entitled to vote for out of the whole number of candidates, such as Vote for Two. (2) The ballots required to be furnished for primary elections may be of different colors for the political parties who are nominating or electing candidates. (3) The judiciary ballot may be added to the ballot for the political parties. Candidates for the above offices will be shown under the general title of nonpartisan judicial candidates. (4) When a vote tally system is used, the county clerk shall prepare the ballots as nearly as practicable as required by law. History: [34-2418, added 1970, ch. 140, sec. 149, p. 351; am. 1994, ch. 54, sec. 4, p. 94; am. 2024, ch. 260, sec. 9, p. 906.]

34-2419

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2419. Rotation of names of candidates. In each primary and general election when two (2) or more persons are candidates for nomination or election to the same office, the county clerk or the clerk of a city, district or other municipality in which voting machines or vote tally systems are used shall rotate the names of candidates as directed by the secretary of state. History: [34-2419, added 1970, ch. 140, sec. 150, p. 351.]

34-2420

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2420. Examinations of machine during election. The election board shall occasionally examine the voting machine and the ballots to determine that the machine and the ballots have not been damaged or tampered with. History: [34-2420, added 1970, ch. 140, sec. 151, p. 351; am. 2024, ch. 260, sec. 10, p. 906.]

34-2421

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2421. Procedure if a voting machine becomes inoperative. (1) If any voting machine used in any election precinct, during or before the time the polls are opened, becomes damaged so as to render it inoperative in whole or in part, an election board clerk immediately shall notify the election officer charged with the care of the machine. (2) If possible, the election officer so notified shall repair the machine at once or substitute another machine for the damaged machine. (3) If no other machine can be procured for use at the election and the damaged machine cannot be repaired in time for further use at the election, or where in the discretion of a majority of the members of the election board it is impracticable to use the machine, the election board shall permit the voters to use paper ballots prepared as in cases where paper ballots are used. The paper ballots shall be furnished to the election board by the county clerk. The paper ballots shall be issued, voted and deposited in ballot boxes in as nearly the same manner as provided by law, except that the paper ballots shall not be tallied and returned by the election board. Instead, these paper ballots shall be delivered to the county clerk for his tally and canvass. History: [34-2421, added 1970, ch. 140, sec. 152, p. 351; am. 1971, ch. 5, sec. 7, p. 11.]

34-2422

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2422. Closing of polls — Delivery of ballots to clerk before polls closed. (1) At the hour for closing the polls, the election board shall declare the polls of the election closed and shall not permit any further voting. However, electors who are, at the hour of closing, within the polling room or awaiting their turn to vote shall be considered as having begun the act of voting and shall be permitted to cast their votes. (2) At any time prior to the closing of the polls provision may be made for the delivery of voted ballots to the county clerk or the clerk of a city, district or other political subdivision for counting. If such procedure is adopted, the result of this early count shall not be released to the public until after 8:00 p.m. of election day. History: [I.C., sec. 34-2422 as added by 1971, ch. 5, sec. 8, p. 11.]

34-2423

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2423. Absent voting by voting machine or paper ballot. The county clerk may provide that absent voting shall be either by voting machine or by marking a paper ballot or a combination of both. In any of the foregoing cases he may establish one (1) absent elector unit to handle and process absent elector ballots for each legislative district within his county and shall cause sufficient ballots of the proper kind or kinds to be provided. Voted ballots shall be retained by the county clerk until election day when they shall be transferred to the ballot processing center and thereafter made a part of the election returns. History: [34-2423, added 1970, ch. 140, sec. 154, p. 351; am. 1976, ch. 73, sec. 2, p. 243.]

34-2424

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2424. Paper ballots used in conjunction with voting machines. In any election where voting machines or vote tally systems are used: (1) Paper ballots may be used to record the electors’ votes for party offices. (2) Paper ballots may be used to record the electors’ votes for or against municipal candidates or measures. (3) Paper ballots which are used in conjunction with voting machines may be returned to the office of the county clerk for counting by special counting boards. Ballots so counted shall be tallied and returned by precinct or polling location for elections conducted pursuant to chapter 14, title 34 , Idaho Code. (4) Ballots or ballot cards may be returned to the office of the county clerk for counting. (5) In the event that paper ballots are used in conjunction with voting machines or vote tally systems to record write-in votes, these paper ballots may be returned to the office of the county clerk for counting by special counting boards. Ballots so counted shall be tallied and returned by precinct or polling location for elections conducted pursuant to chapter 14, title 34 , Idaho Code. History: [34-2424, added 1970, ch. 140, sec. 155, p. 351; am. 2012, ch. 211, sec. 14, p. 579.]

34-2425

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2425. Preparation and distribution of sample ballots. (1) At each primary, general and special election there shall be provided as many sample ballots as the county clerk considers necessary. The sample ballots shall be prepared and distributed as provided by law. (2) For each primary, general and special election the county clerk shall cause to be published a facsimile, except as to size, of the sample ballot required in subsection (1) of this section. History: [34-2425, added 1970, ch. 140, sec. 156, p. 351.]

34-2426

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2426. public logic and accuracy tests. (1) Each county clerk shall hold a public logic and accuracy test prior to election day to demonstrate to the public that the vote tally system is accurately reading and tabulating votes cast. Each county clerk utilizing a voting machine shall conduct internal election setup testing to ensure electronic vote tally system functionality and accuracy. (2) Public notice shall be published on the county’s official website, if the county maintains a website, or shall be posted within the office of the county clerk at least ten (10) days prior to the commencement of the public test. (3) The county clerk shall adopt procedures for testing that ensure the vote tally system can: (a) Verify that each contest position and ballot style on the ballot can be voted and is accurately counted; (b) Include overvotes and undervotes for each race, if applicable to the system being tested; (c) Include write-in votes, when applicable to the election; (d) Determine expected test outcomes depending on marking pattern applied; (e) Produce a zero report during the logic and accuracy test to show that no ballots have been cast and no votes have been tabulated; and (f) Allow the county clerk to observe the tabulation of all ballots and compare the actual results to the expected results. (4) A logic and accuracy test is successful if the actual results are identical to the expected results. In the event a test produces different results from the expected results, the county clerk shall investigate the cause of the variance and repeat the test until accurate results are produced. (5) Upon completion of a successful test, the county clerk shall declare the public logic and accuracy test complete. History: [34-2426, added 2024, ch. 260, sec. 12, p. 906.]

34-2427

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2427. voters with physical or other disability. (1) The election board clerks shall instruct electors on how to record their votes on the voting machine or vote tally system, and shall give assistance to any elector who declares that he is unable by reason of physical or other disability to record his vote on the machine or vote tally system, and on request by the elector after he has entered the voting booth, shall give him the necessary information to enable him to record his vote. (2) Any elector who, because of blindness, physical or other disability, is unable to mark his ballot shall, upon request, receive the assistance of the election board clerks or some other person chosen by the elector in the marking thereof. Such clerks or person shall ascertain the wishes of the elector and mark his ballot in accordance therewith, and shall thereafter give no information regarding such marking. Whenever an elector receives assistance in this manner, a clerk shall make a notation thereof in the combination election record and poll book following the name of the elector. (3) If any elector, after entering the voting booth, asks for information regarding the operation of the voting machine or marking device, the election board clerks shall give him the necessary information. History: [34-2427, added 1970, ch. 140, sec. 158, p. 351; am. 1972, ch. 129, sec. 2, p. 257; am. 2010, ch. 235, sec. 20, p. 557; am. 2015, ch. 282, sec. 8, p. 1150.]

34-2429

TITLE 34 ELECTIONS CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM 34-2429. Validation of elections. All elections, including but not limited to bond issue elections, heretofore conducted pursuant to this chapter and all proceedings had or to be had in the authorization and issuance of the bonds authorized thereat, together with all such bonds when issued, are hereby validated, ratified and confirmed, and all such bonds when issued are declared to constitute legally binding obligations in accordance with their terms. Nothing in this section shall be construed to affect or validate any bond election, or bonds issued pursuant thereto, the legality of which are being contested at the time this act takes effect. History: [I.C., sec. 34-2429, as added by 1974, ch. 3, sec. 6, p. 19.]