§ 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.

Legislative History

[34-2426, added 2024, ch. 260, sec. 12, p. 906.]