HB 1010 permit certain direct recording electronic voting...
ENTITLED, An Act to
permit certain direct recording electronic voting systems and to regulate the
use of automatic tabulating equipment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
12-17B-1
be amended to read as follows:
12-17B-1.
Terms used in this chapter mean:
(1)
"Automatic tabulating equipment," the apparatus necessary to automatically examine and
count votes as designated on ballots, punch cards, or entered directly into a computer by
means of a touch screen or other data entry device and data processing machines which
can be used for counting these votes and tabulating results;
(2)
"Ballot," paper ballots containing the names of candidates and statements of measures to
be voted on;
(3)
"Ballot labels," the cards, booklet, or pages containing the names of officers and
candidates and statements of measures to be voted on;
(4)
"Counting location," any location selected by the person in charge of the election for the
counting of votes cast in an election. A counting location shall be within the territorial
jurisdiction of such person unless there is no suitable tabulating equipment available within
the jurisdiction. However, in any event, all counting locations shall be within this state;
(5)
"Marking device," an apparatus in which punch cards are inserted and used in connection
with a punch apparatus for the piercing of punch cards by the voter;
(6)
"Optical scan," a procedure in which votes are tabulated by means of examining marks
made in voting response locations on the ballots with an optical mark reader (OMR);
(7)
"Punch card," a ballot which is voted by the process of punching;
(8)
"Resolution board," a board at an automatic tabulating location comprised of a
representative from each political party having a candidate on the ballot and whose
candidate on the county-wide ballot at the last general election received at least fifteen
percent of the votes. The board shall determine the disposition of those ballots which
cannot be properly counted by the tabulating equipment and observe the activities at the
counting location on behalf of their respective party affiliation. In strictly nonpartisan
elections, the resolution board shall be comprised of two persons who are not employees
of the jurisdiction conducting the election and shall be appointed by the person in charge
of the election;
(9) "Direct recording electronic," a voting system which records votes by means of a ballot
display provided by electro-optical devices that can be actuated by the voter, that process
the data by means of a computer program, and that records voting data in internal memory
devices.
Section
2.
That chapter
12-17B
be amended by adding thereto a NEW SECTION to read as
follows:
No direct recording electronic voting system may be certified or used unless it is capable of
producing in random order a paper copy of each ballot cast on the system. No direct recording
electronic voting system may be certified which transmits uncounted votes or ballots through the
internet.
Section
3.
That chapter
12-17B
be amended by adding thereto a NEW SECTION to read as
follows:
If automatic tabulating equipment is located at a polling place for processing ballots while the
polls are open, the equipment may not be operated in a manner which returns an over-voted or
partially under-voted ballot to the voter. The equipment shall be operated in a manner which returns
any ballot that appears to be blank. If a blank ballot is returned to the voter, the voter may choose to
remark that ballot, obtain a new ballot, or have the ballot resubmitted as a blank ballot.
Any central count automatic tabulating equipment containing the capability to out-stack ballots
shall be operated in a manner to out-stack any ballot which appears to be blank. If the ballot contains
votes from which the voter's intent may be legally determined, the resolution board shall make a
duplicate ballot as prescribed in
§
12-17B-14 which shall be counted by the automatic tabulating
equipment.
An Act to permit certain direct recording electronic voting systems and to regulate the use of
automatic tabulating equipment.
=========================
I certify that the attached
Act
originated in the
HOUSE as
Bill
No.
1010
|
____________________________
Chief Clerk
=========================
____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House
Bill
No.
1010
File No. ____
Chapter No. ______
=========================
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
=========================
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
=========================
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
