115.225. Automated equipment to be approved by secretary of state--standards to be met--rules, promulgation, procedure.
Automated equipment to be approved by secretary of state--standards tobe met--rules, promulgation, procedure.
115.225. 1. Before use by election authorities in this state, thesecretary of state shall approve the marking devices and the automatictabulating equipment used in electronic voting systems and may promulgaterules and regulations to implement the intent of sections 115.225 to115.235.
2. No electronic voting system shall be approved unless it:
(1) Permits voting in absolute secrecy;
(2) Permits each voter to vote for as many candidates for each officeas a voter is lawfully entitled to vote for;
(3) Permits each voter to vote for or against as many questions as avoter is lawfully entitled to vote on, and no more;
(4) Provides facilities for each voter to cast as many write-in votesfor each office as a voter is lawfully entitled to cast;
(5) Permits each voter in a primary election to vote for thecandidates of only one party announced by the voter in advance;
(6) Permits each voter at a presidential election to vote by use of asingle punch or mark for the candidates of one party or group ofpetitioners for president, vice president and their presidential electors;
(7) Accurately counts all proper votes cast for each candidate andfor and against each question;
(8) Is set to reject all votes, except write-in votes, for any officeand on any question when the number of votes exceeds the number a voter islawfully entitled to cast;
(9) Permits each voter, while voting, to clearly see the ballotlabel;
(10) Has been tested and is certified by an independent authoritythat meets the voting system standards developed by the Federal ElectionCommission or its successor agency. The provisions of this subdivisionshall not be required for any system purchased prior to August 28, 2002.
3. The secretary of state shall promulgate rules and regulations toallow the use of a computerized voting system. The procedures shallprovide for the use of a computerized voting system with the ability toprovide a paper audit trail. Notwithstanding any provisions of thischapter to the contrary, such a system may allow for the storage ofprocessed ballot materials in an electronic form.
4. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2002, shall beinvalid and void.
(L. 1977 H.B. 101 § 8.005, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2002 S.B. 675, A.L. 2006 S.B. 1014 & 730)