5:02:09:02.  Approval of automatic tabulating systems required before distribution. Prior to distribution in South Dakota, a company or corporation dealing in automatic tabulating or electronic ballot marking systems shall give written notice to the state board of elections and demonstrate that its system complies with SDCL 12-17B-2 and § 5:02:09:02.01 or 5:02:09:02.03 and is certified as fulfilling the requirements of the Election Assistance Commission 2015 voting system standards by an independent test authority accredited by the Election Assistance Commission. If the State Board of Elections approves the system, it shall issue a certificate of approval.

 

          Any changes or modifications in an approved automatic tabulating or electronic ballot marking system may be certified by the State Board of Elections with or without the demonstration described in this section for initial approval. The modification for the already approved system must have been certified as fulfilling the requirements of the Election Assistance Commission voting system 2015 standards by an independent test authority accredited by the Election Assistance Commission or been certified to meet the national standard by another state. Any change or modification determined to be de minimis by the independent test authority does not need state board of elections certification.

 

          Source: 2 SDR 5, effective July 30, 1975; 6 SDR 25, effective September 24, 1979; 16 SDR 203, effective May 28, 1990; 21 SDR 77, effective October 24, 1994; 22 SDR 95, effective January 18, 1996; 29 SDR 113, effective January 30, 2003; 32 SDR 109, effective December 26, 2005; 33 SDR 230, effective July 1, 2007; 35 SDR 306, effective July 1, 2009; 46 SDR 42, effective September 30, 2019; 47 SDR 37, effective October 6, 2020.

          General Authority: SDCL 12-17B-17(1).

          Law Implemented: SDCL 12-17B-2.

 

          5:02:09:02.02.  Criteria for approving direct recording electronic voting machines. Repealed.

 

          Source: 29 SDR 113, effective January 30, 2003; 29 SDR 177, effective July 2, 2003; 46 SDR 42, effective September 30, 2019.

 

          5:02:09:02.03.  Criteria for approving electronic ballot marking systems. Before the State Board of Elections grants a certificate of approval, the following capabilities of the electronic ballot marking system must be demonstrated to the board or its designee. The board may grant a certificate of approval for a system, if the system fulfills the following requirements:

 

          (1)  Accurately mark 250 ballots with at least 10 races on each ballot with no ballot jams;

 

          (2)  If the system has the capability of marking a ballot on the back side, the races must be split between the front and back of the ballot;

 

          (3)  Enables the voter to vote in absolute secrecy;

 

          (4)  Presents the entire ballot to the voter in a series of sequential screens that include methods to ensure the voter sees all ballot options on all screens before completing the vote and allows the voter to review all ballot choices before casting a ballot;

 

          (5)  Prevents any voter from selecting more than the allowable number of candidates for any office to prevent overvoting, alerts the voter on the screen if the voter attempts to overvote, and provides information on how to correct the overvote;

 

          (6)  Alerts the voter to any undervote prior to marking the ballot;

 

          (7)  Accurately marks a paper ballot for each vote for each position voted;

 

          (8)  Is an electronic computer-controlled voting system that provides for marking of votes cast;

 

          (9)  Has a battery back-up system that, at a minimum, allows voting to continue uninterrupted for two hours without external power;

 

          (10)  Is designed to accommodate multiple ballot styles in each election precinct and have an option to handle multiple precincts;

 

          (11)  Has a real-time clock capable of recording and documenting the total time polls are open in a precinct and capable of documenting the opening and closing of polls;

 

          (12)  Complies with the disability voting requirements of the Help America Vote Act of 2002 as of January 1, 2005;

 

          (13)  Has a color touch-screen that is at least fifteen inches in diagonal measure;

 

          (14)  Has an option to accommodate a voter who uses a mobility device without intervention of the poll worker other than a minor adjustment such as the angle of the display, and the voter must be able to vote in a face-first position so that privacy is maintained with the ballot surface adjusted to a vertical position;

 

          (15)  Has wheels so that the system may be easily rolled by one person on rough pavement and rolled through a standard thirty-inch door frame if the net weight of the system, or aggregate of voting device parts, is over twenty pounds;

 

          (16)  Has a method to activate the system for each individual voter and which shall prevent any voter from voting more than once;

 

          (17)  Has internal operating system software or firmware, that:

 

               (a)  Is specifically designed and engineered for the election application;

               (b)  Is contained within each voting device;

               (c)  Is stored in a nonvolatile memory within each terminal;

               (d)  Includes internal quality checks such as purity or error detection and correction codes; and

               (e)  Include comprehensive diagnostics to ensure that failures do not go undetected; and

 

          (18)  Marks ballots that can be accurately counted as provided in § 5:02:09:02.01 for each automatic tabulating system which will be counting ballots.

 

          Source: 31 SDR 214, effective July 4, 2005; 42 SDR 15, effective August 11, 2015.

          General Authority: SDCL 12-17B-17(1) (3).

          Law Implemented: SDCL 12-17B-2.