§ 656:41 — Approval by Ballot Law Commission

The ballot law commission shall act as a board to examine devices for the electronic counting of ballots. The commission shall, whenever requested, examine any device which may be capable of meeting the requirements for elections held in this state and shall, at least every 5 years, review current and new devices to determine whether the devices require upgrading. The commission, after such review, shall file an explanatory report with the secretary of state within 30 days of its determination that outlines the basis for its determination, taking into account such factors as hardware and software standards, policies and procedures, security requirements, and usability. The commission shall approve a device upon request in its discretion, and no device shall be used in any election in this state unless it reads the voter's choice on a paper ballot and is of a type so approved by the ballot law commission. Any device that is altered must be re-approved by the ballot law commission before it is used in any election in this state in accordance with procedures set by the ballot law commission. For the purposes of this section, a device shall be considered altered if any mechanical or electronic part, hardware, software, or programming has been altered.

Legislative History

1979, 436:1. 1994, 118:2. 1998, 311:2. 2009, 70:2, eff. Aug. 8, 2009. 2019, 128:1, eff. Aug. 24, 2019. 2024, 4:8, eff. Feb. 1, 2024.