§ 22-11-104 — Conduct of elections in which systems utilized

(a) All provisions of the Election Code governing the
conduct of elections shall apply to elections in which
electronic voting systems are used, except that the county clerk
of any county in which an electronic voting system is used may
make such modifications in ballot form as are necessary to
facilitate the use of the electronic voting system and yet
maintain the integrity of the election and the intent of the
law.
(b) The county clerk of each county using an electronic
voting system shall:
(i) Determine whether paper ballots, ballot cards or
a combination of both will be used in each polling place;
(ii) Before the day of election deliver to each
polling place using an electronic voting system:
(A) A sufficient number of voting devices and
ballots;
(B) Repealed By Laws 2014, Ch. 108, § 2.
(C) Other appropriate instructional materials or
devices; and
(D) All other materials required by law.
(iii) Before testing an electronic voting system for
an election, notify the county chairman of each political party
having a candidate on the ballot, stating the time and place of
the test. The political party representatives and
representatives of independent candidates may be present for the
test, which shall be held at least two (2) weeks before the
election. The test shall ascertain that the automatic
tabulating equipment will accurately count the votes cast for
all offices and all measures. The test shall be conducted by
processing a preaudited group of paper ballots or ballot cards
on which are recorded a predetermined number of valid votes for
each candidate and on each measure and shall include for each
office one (1) or more ballots which have votes in excess of the
number allowed by law in order to test the ability of the
automatic tabulating equipment to reject such votes. During the
test a different number of valid votes shall be assigned to each
candidate for an office, and for and against each measure. If
any error is detected, the cause of it shall be ascertained and
corrected and an errorless count shall be secured and certified
to by the county clerk. On completion of the count, the
programs, test materials and ballots shall be sealed and
retained as provided for paper ballots;
(iv) Designate one (1) or more counting centers;
(v) Provide adequate security for the delivery of all
ballots to the designated counting center;
(vi) Provide that if any ballot is damaged or
defective so that it cannot be properly counted by the automatic
tabulating equipment, a true, duplicate copy shall be made by
counting board members and substituted for the damaged or
defective ballot. All duplicate ballots shall be clearly labeled
"Duplicate" and shall bear a serial number which shall be
recorded on the damaged or defective ballot. Damaged or
defective ballots shall be delivered with the returns to the
county clerk;
(vii) Ensure that every electronic voting system used
in the county has and uses an air gap.
(c) In addition to any other duties prescribed by law,
election judges in polling places using an electronic voting
system shall:
(i) Repealed By Laws 2014, Ch. 108, § 2.
(ii) Provide adequate instruction in the use of the
voting device to each voter before he enters the voting booth.
Additional instruction may be provided as specified by law.