31 KAR 2:010. Electronic voting systems.

31 KAR 2:010. Electronic voting systems.

RELATES TO: KRS 64.300, 65.170, 67.260, 67A.020, 68.540, 81A.030, 81A.420, 81A.430, 83A.100, 83A.120, 83A.170, 96.183, 96.360, 96.540, 96.543, 96.640, 96.860, 96A.350, 97.610, 107.360, 108.100, 108.160, 116.025, 116.065, 117.075, 117.255, 117.375, 117.377, 117.379, 117.381, 117.383, 117.385, 117.387, 117.389, 117.391, 117.393, 118.015, 118A.010, 119.005, 132.120, 132.380, 160.220, 160.230, 160.250, 160.260, 160.470, 160.597, 165.175, 173.470, 173.610, 173.620, 173.630, 212.080, 212.720, 215.120, 215.140, 216.317, 216.318, 242.050, 242.070, 242.080, 242.120, 242.125, 242.129, 242.1292, 242.1294, 247.487, 247.560, 247.660, 247.760, 247.860, 262.120, 262.130, 262.220, 262.370, 262.540, 262.730, 262.735, 262.748, 262.778, 424.290, 436.165

STATUTORY AUTHORITY: KRS 117.383

NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 117.383 requires the State Board of Elections to prescribe rules and administrative regulations to achieve and maintain the maximum degree of correctness, impartiality, and efficiency of the procedures of voting. KRS Chapter 117 also permits the use of automatic tabulating equipment or data processing equipment during elections. This administrative regulation sets forth the rules to be followed to comply with KRS Chapter 117.

Section 1. Definitions. An expansion of definitions offered by KRS 117.375 and additional definitions required by this administrative regulation follows:

(1) "Absent voter ballot card" means a ballot card attached to a backing that aids a voter to punch out the scored position on the ballot card.

(2) "Absent voter card" means a ballot card with the names of candidates, issues and questions to be voted on, printed on the card.

(3) "Accuracy test" means a test conducted to determine that the program and the computer being used to tabulate the results of the election count the votes in the manner prescribed by the act.

(4) "Act" refers to Chapter 360 of the Kentucky Acts 1982, which sets forth all of the statutes which this administrative regulation relates to.

(5) "Approved computer" means a manufacturer model which has been approved by the State Board of Elections to tabulate ballot cards in this state.

(6) "Ballot card" means a data processing card approved by the State Board of Elections.

(7) "Ballot label assembly" means the assembled unit containing ballot labels and mask.

(8) "Chad" means the scored portion of the ballot card which is punched out of the ballot card by the voter when casting a vote.

(9) "Computer" means one (1) or more pieces of automatic tabulating equipment which examines, tabulates, and counts votes recorded on ballot cards or magnetic tapes and prints results.

(10) "Console log" means a listing of the computer responses to program instructions and of instructions to the computer by the operator.

(11) "Correction tape" means a tape designed solely for use in correcting errors on data processing cards.

(12) "Demonstration ballot card" means a ballot card of a distinctive color used to instruct voters on the use of the voting device. The card shall have the word "DEMONSTRATION" printed or stamped on it.

(13) "Demonstrator model" means a voting device on which voters are instructed in the use of the device.

(14) "Duplicate ballot card" means a ballot card on which the word "DUPLICATE" is printed, stamped, or written and which is used to transfer a voter's valid selections from the original ballot card.

(15) "End card" means a data processing card which instructs the computer that all ballots of a precinct have been counted.

(16) "Header card" means a data processing card which contains the necessary data to identify a precinct to the computer. A header card may be an end car for the preceding precinct.

(17) "Mask" means a piece of material with defined areas for each voting position, into which holes are punched corresponding only to the voting positions appearing on the ballot label.

(18) "Overvote" means a combination of votes, including write-in votes, which exceeds the number for which the elector is entitled to vote.

(19) "Program" means the operating instructions for a computer by which it examines, counts, tabulates and prints the results of the votes cast on a ballot card.

(20) "Receiving station" means a site which is located at a building or place other than where the counting center is located.

(21) "Specialized computer" means automatic tabulating equipment constructed primarily for the purpose of tabulating ballots and printing results.

(22) "Spoiled ballot" means a ballot card which has been returned by a voter and for which a new ballot card has been issued.

(23) "Template" means a piece of material containing precisely located holes, conical in shape and positioned so that a stylus tip can penetrate only the scored areas of the ballot card.

(24) "Transfer case" means a metal container used for transporting and storing voted ballot cards. The container shall be capable of being sealed with a metal seal and be approved.

(25) "Valid punch" means a punch of a ballot card such that the chad is completely removed or is hanging by one (1) or two (2) corners.

(26) A term defined in the act has the same meaning when used in these rules.

Section 2. General Provisions. (1) The procedures in the general election laws shall be applicable in elections in which electronic voting systems are used, except where such laws are superseded by specific provisions of the act or these rules.

(2) When electronic voting systems are used throughout the county, the size of the precincts is not limited by the mechanical constraints of voting machines.

(3) Notwithstanding any other provisions of these rules, the county board of elections and local units of government may enter into a mutual agreement for the joint use of a computer. Such an agreement shall state that the county clerk has control of the programs to be used for election purposes.

Section 3. Ballot Preparation. (1) The ballot cards used after the effective date of these rules, shall have the words "OFFICIAL BALLOT CARD" printed on the face of the stubs.

(2) One (1) corner of the ballot card shall be cut.

(3) The following statement may be printed or stamped on the back of the stub on official ballot cards in bold face capital letters:

STOP

WRONG SIDE

TURN CARD OVER

(4) A combination ballot card and write-in ballot to be used in an election shall be approved by the State Board of Elections.

(5) A ballot envelope to be used in an election shall be approved by the State Board of Elections and shall satisfy all of the following requirements:

(a) Be of sufficient size, weight, and design to preserve the secrecy of the ballot card.

(b) Have an inner pocket into which the ballot card shall be inserted.

(c) Display printed instructions as to the method of inserting the ballot card after voting, and if the ballot envelope is to be used for write-ins, shall display instructions and space for casting a write-in vote.

(6) The number of ballot cards and envelopes required to be printed and distributed to each precinct shall:

(a) For the general election, be a number equal to the number of registered voters as of the close of registration.

(b) For a primary election, be not less than a number equal to the total number of votes cast in the most recent corresponding primary election.

(7) A question, proposal, or proposition shall be placed last on the ballot label following the names of candidates and shall be placed in the following order: state, county, local. An exemption from this requirement may be obtained prior to the election from the State Board of Elections in writing.

(8) For a general election, the name of the party which a candidate represents shall be printed along with the name of the candidate.

(9) Voting instructions shall be printed on the first page of the ballot label. The ballot label shall contain instructions as to where the voter is to continue voting. additional instructions which conform with the act may be printed on the ballot label.

Section 4. Absentee Ballots: Issuance, Processing and Tabulation. (1) In a community in which electronic voting devices are used and absentee votes are cast on regular paper ballots, the absentee ballots shall be counted by absent voter counting boards as paper ballots.

(2) In a community in which electronic voting devices are used and absentee votes are cast on absent voter ballot cards, the absentee ballots shall be sent to the county clerk to be tabulated with the precinct ballot cards or to an absent voter counting board to be processed and tabulated.

(3) In a county using voting machines, absentee votes may be cast on absent voter ballot cards. The absentee ballot cards shall be sent to county clerk, tabulated, and added to the other precinct returns.

(4) If the voter is to vote by means of an absent voter ballot card, the clerk shall prepare and issue an absent voter ballot packet consisting of the following, when required by the system being used:

(a) Absentee voter ballot card;

(b) Punching tool;

(d) Ballot envelope for the voter to insert the voted portion of the ballot card after voting;

(e) Absent voting instructions prescribed by the State Board of Elections.

(5) Absent voter instruction ballots where used in conjunction with a ballot card shall be printed in plain, clear type and contain instructions for voting. There shall be printed in boldface type alongside each candidate's name and the choice for each measure, a number which corresponds to the respective position number on the ballot card. The words "ABSENT VOTER INSTRUCTION BALLOT" shall appear at the head of the absent voter instruction ballot. An absent voter instruction ballot may be a facsimile of the ballot label used in the absent voter's precinct. Arrows placed on the ballot labels may be omitted from the absent voter instruction ballot.

Section 5. Preparation of Program. (1) A program shall be written so as to accurately tabulate a voter's choice for each candidate, office, and measure for which the voter is lawfully entitled to vote, in conformity with the act and these rules.

(2) A program shall include an instruction requiring the header card precede the deck of ballot cards for each precinct. In programs to be used on a specialized computer, one (1) header card is required, unless the function of the header card is performed by the program.

(3) An end card shall follow the ballots of each precinct. The program may provide that if a header card contains instructions to the computer that all ballots of the preceding precinct have been counted, a separate end card is not required. In a program to be used in a specialized computer, an end card is not required.

(4) A program may be maintained by a generally accepted method, within the computer industry, of input or output or a combination of methods.

(5) Two (2) edit listings shall be prepared and, not less than three (3) days before the preliminary accuracy test, shall be delivered to the county board of elections responsible for supplying the program.

(6) The county board of elections responsible for supplying the program shall provide necessary information to the person or company designated to write or prepare the program.

(7) The program for an election and a duplicate copy shall be completed and delivered to the county board of elections responsible for supplying the program not less than three (3) days before the preliminary accuracy test. A duplicate is not required where a specialized computer is used.

(8) If a program is written to be used on a general purpose computer, the person or company providing the program shall, at the time the program is delivered, submit to the county board of elections a certificate stating that the program was prepared from all relevant input data, describing the procedures which were used to determine its accuracy, and stating that the program has been written pursuant to the act and these rules.

(9) The person preparing the program shall submit to the county board of elections, responsible for supplying the program, instructions containing the information and procedures required to operate the program. The county board of elections shall make the instructions available to the computer operators.

(10) The vote tabulation portion of the program shall be written:

(a) In statewide races to reflect the rotation sequence of the candidate's names and ballot position numbers (when required by the system being used) as they appear on the ballot labels in the various congressional districts.

(b) To count valid votes cast by a voter for candidates of an office.

(d) So as not to count votes cast by a voter for an office or question if the number of votes cast by a voter exceeds the number which the voter is entitled to vote for on that office or question.

(e) To ignore punches in a ballot card in positions where a candidate's name or questions do not appear on the official ballot. These punches shall not have effect on the ballot.

(f) So that the partisan, nonpartisan, and proposal sections of the ballot are considered separate sections of the ballot. The action of a voter in one (1) section on the ballot shall not affect the voter's action on another section of the ballot.

(11) For a partisan primary election, the vote tabulation section of the program shall be written to determine if a voter has cast votes for candidates of more than one (1) political party.

(12) For a general election, the vote tabulation section of the program shall be written so that a vote shall be counted for each candidate of the political party indicated by the voter's straight ticket vote.

Section 6. Preparation of Official Test Deck. (1) The county board of elections providing the program or its authorized assistant shall prepare a test deck with predetermined results.

(2) The test deck shall consist of ballot cards of the same type to be used in the election.

(3) A document, record, chart or listing shall be prepared indicating the punches, recorded in the test ballot card. This documentation shall indicate each valid or invalid vote.

(4) A duplicate of the test deck shall be prepared. The duplicate of the test deck may consist of standard data processing cards.

(5) The approved test deck by the company providing the services may be used for this purpose.

Section 7. Preliminary Accuracy Test. (1) The county board of elections providing the program or its authorized assistant shall conduct a preliminary accuracy test of the computers and programs for all precincts prior to the accuracy test.

(2) The preliminary accuracy test shall be conducted using the test decks prepared under the direction of the board. For the purpose of this test, the test deck may be reproduced onto standard data processing cards.

Section 8. Accuracy Test. (1) The county board of elections providing the program shall designate a time and place for an accuracy test, which shall be held not less than five (5) days before the election.

(2) The accuracy test shall be conducted by an accuracy board, which shall be the county board of elections supplying the program. A member of the board may designate a person to serving in his or her place on the accuracy board. A member of the county board of elections who so designates a person to serve at the accuracy test shall notify the clerk before the test. The clerk or the designated representative of the clerk shall be chairperson.

(3) The clerk in charge of the program may limit the number of persons who may be in the computer room and the duration of their stay in the computer room.

(4) The initial testing of the computers and programs shall be with the test deck prepared under the direction of the county board of elections. The number of precincts to be tested shall be determined by the accuracy board. The members of the accuracy board may prepare or cause to have prepared additional ballot cards to be included in the test deck.

(5) Each program and test deck shall be tested on the computer on which it is to be used for the election.

(6) After demonstrating the accuracy of the programs and computers, the following persons may prepare test ballot cards for testing:

(a) the county chairperson of each political party appearing on the ballot or a designated representative.

(b) A candidate whose name appears on the ballot or a designated representative.

(c) A representative from each group interested in a proposal or measure who has informed the board in writing of that person's intent to participate in the testing procedure.

(7) The number of cards each eligible person is allowed to prepare shall be determined by the board, except that an eligible person shall not be limited to less than ten (10) cards.

(8) The county board of elections supplying the program shall provide the following items at the accuracy test:

(a) An edit listing.

(b) Test ballot cards.

(9) If an error is detected in the testing, the cause shall be ascertained, the error shall be corrected, and an errorless count shall be made for all precincts. If determined by the board, the meeting may be adjourned to a time and date certain.

(10) The State Board of Elections or designated representative may provide a test deck for a program. If so, it shall be delivered at the accuracy test. At the discretion of the State Board of Elections, it may be used in place of, or in addition to, the test deck prepared by the county board of elections.

(11) The county board of elections shall certify the accuracy of the test. The certification may be attached to, or written on, the computer results of the accuracy test.

(12) The county board of elections shall secure all programs, test decks, certified computer results of the test and the predetermined results in a metal container which shall be sealed with a metal seal in a manner so that the container cannot be opened without breaking the seal. Attached to or inside the container shall be a certificate describing its contents and on which the number of the seal has been recorded. The certificate shall be signed by the members of the board and, if attached to the container in a plastic envelope, it shall be attached in such a manner that it cannot be removed without breaking the seal.

(13) The board shall immediately deliver to the clerk in charge of the election the metal case containing the programs and the test decks. The clerk shall retain and secure the programs.

Section 9. Preparation of Voting Device. The following rules apply to those systems which require a special voting device to be used during the election:

(1) The clerk or an authorized assistant shall prepare each voting device pursuant to the provisions of these rules.

(2) A voting device shall be identified with the precinct number in which it shall be used.

(3) A ballot label page used in the voting device shall be firmly attached for insertion and positioning in the ballot frame. A person shall not attach a ballot label by tape to a rod, or place a ballot label into a clear plastic envelope through which a rod is inserted.

(4) The ballot label assembly shall be inserted and sealed into each voting device so that the ballot label assembly cannot be removed without breaking the seal.

(5) The ballot label of each voting device of a precinct shall be compared against the edit listing and instruction ballot for the precinct to ascertain that the offices, candidates' names, and ballot position numbers are the same and appear in the same position.

(6) The ballot labels of each device shall be examined to ascertain that holes in the mask appear directly opposite each arrow, that other holes do not appear in the mask, and that the ballot labels are in proper sequence.

(7) An assembled voting device shall be tested to determine if it is operating properly.

(8) The identifying number of the voting device and the seal number used to seal the ballot label assembly to the device shall be recorded on the certificate in the poll book for the precinct in which the device is to be used. The clerk or an authorized assistant who sealed the device shall sign the certificate.

(9) When a voting device has been prepared for the election, the county board of elections shall execute a certificate in writing, which shall be filed with the county board of elections of the jurisdiction in which they are authorized to act. The certificate shall contain the precinct number, the identifying number of the device, and the number of the seal or seals used to seal the device, and state that the ballot labels have been compared against the edit list for that precinct and that the candidates' names and ballot numbers agree and appear in the same position and that the device has been properly prepared and tested. If the certificate is signed by other than the county board of elections, the county board of elections shall be offered an opportunity to inspect the voting devices to determine whether they are properly prepared.

(10) If a system is being used which has the candidates' names, issues and questions printed on the ballot, in such instances the ballot itself will be inspected prior to issuing the ballots to the precincts, in lieu of inspecting the voting device.

Section 10. Preparation and Delivery of Election Supplies. (1) The clerk of the unit of government providing the voting devices or an authorized assistant may place into a transfer case the ballot cards, envelopes and ballot frames for each precinct. The transfer case shall be secured with a seal and contain a certificate signed by the clerk or an authorized assistant setting forth the number of ballots in the case and that the ballots were counted and sealed by the clerk or by an authorized assistant. Ballot cards not issued to a precinct or assigned for absentee voting shall be secured and accounted for by the clerk. The clerk shall maintain a record of the number of ballot cards and serial numbers issued to each precinct. The ballot cards shall be delivered to a member or judge of the precinct election officers in the proper precinct.

(2) Precinct supplies shall include the following items:

(a) A specimen ballot for posting.

(b) A pencil for each voting device.

(d) An envelope labeled "SPOILED BALLOT CARDS."

(e) An envelope labeled "ORIGINAL BALLOT CARDS FOR WHICH DUPLICATES HAVE BEEN MADE FOR ANY REASON" if the duplication is to be done at the precinct.

(3) If the precinct header card is sent to the precinct, it shall be contained in an envelope for that purpose and included in the transfer case for the precinct.

(4) The voting devices, demonstration voting devices, voting booths, ballot cards, ballot envelopes, transfer case, and all other necessary supplies shall be delivered to the precinct not later than 5:45 a.m. on election day.

(5) A ballot box shall be provided to each precinct for the deposit of voted ballot cards. The ballot box shall be capable of being locked or sealed during election day.

Section 11. Precinct Election Officers' Duties Prior to Opening the Polls. (1) Voting devices shall be used in voting booths or in self-contained voting stations.

(2) If voting devices are used in self-contained voting stations, the stations shall be arranged so that the secrecy of the ballot is not violated.

(3) The precinct election officers shall do all the following if it is applicable to the system being used in the precinct:

(a) Compare the seal number and identifying numbers on the devices with the numbers recorded in the poll book.

(b) Compare the names, proposals, and ballot position printed on the ballots or ballot labels, edit listing, and precinct instruction ballot to ascertain that the offices, proposals, and candidate names are the same.

(d) Check the mask to see that holes only appear directly opposite each arrow and that the arrow points directly to the hole opposite it.

(e) On a mechanical punch system, a sufficient number of votes shall be voted with demonstration cards to assure that the machine is functioning properly.

(f) Verify that there is a pencil or pen provided for each device for general elections only.

(g) If a stylus is used, check each stylus to assure that it is not broken.

(h) Determine that there is adequate lighting.

(4) In the event of a discrepancy, the election inspectors shall notify the clerk immediately and the voting device shall not be used until the discrepancy is resolved.

(5) The demonstration voting device shall be placed so as to afford each voter an opportunity to use it prior to voting.

Section 12. Conduct of Election and Manner of Voting. (1) Before being issued a ballot, each voter shall be instructed by the use of a demonstration ballot on the device to be used in that particular precinct. Training instructions shall also be displayed for the voters to see.

(2) The precinct election officers having charge of the ballots shall deliver to the voter an official ballot card and envelope or folder.

(3) The ballot card number issued to the voter shall be placed beside the voter's name in the poll book or precinct roster.

(4) Upon being issued a ballot card and envelope, the voter shall enter a voting station and record his or her selections on the ballot card. Before leaving the booth, the voter shall insert the ballot card in the ballot holder with the detachable stub on the outside in such a manner that the voting portion of the ballot card is not exposed.

(5) The precinct election officers designated to receive the ballot from the voter may ascertain by comparing the number on the ballot with the number recorded on the precinct list whether the ballot given to the precinct election officer/or deposited is the same ballot furnished to the voter. If it is the same ballot, the voter or the precinct election officer shall remove the detachable stub and in the presence of the voter deposit the ballot into the ballot box or insert it in the counter for tallying.

(6) The precinct election officers shall frequently check the seals and ballot label pages of the voting devices to ensure that none have been altered or defaced. If the officers find that the ballot pages of a device have been altered, mutilated, or damaged in such a manner that the precinct election officers cannot correct them without doing damage to the offices, names and proposals appearing on the pages, the device shall not be used until the condition is corrected. A note of the occurrence shall be made in the remarks section of the precinct roster.

(7) A ballot card found in a booth or device shall be marked with the words "FOUND IN BOOTH." The card shall be placed in an envelope which shall be placed in the transfer case. A note of the occurrence shall be made in the remarks section of the precinct roster.

Section 13. Precinct Election Officers; Duties After Polls are Closed. (1) The ballot labels and seals of each voting device shall be inspected to ensure that they have not been altered and are intact and that seal numbers agree with the numbers as verified at the opening of the polls. A discrepancy shall be noted in the remarks section of the poll book.

(2) If the votes are tabulated at the precincts, the precinct election officers shall open the ballot box and remove the ballots. Prior to removing the ballots from their envelopes, they shall be counted to determine the total number. If the number of ballots counted is less than the number of voters according to the poll lists, the reason for the discrepancy shall be noted in the remarks section of the poll book. If the precinct election officers are unable to explain the discrepancy, they shall so state in the remarks section of the poll book. The inspectors' determination shall constitute conclusive and sufficient explanation for purposes of recount.

(3) At an election where a candidate's name has been written in on the ballot, the election inspectors shall identify each ballot card and its corresponding official ballot envelope.

(4) At the discretion of the county board of elections in charge of the election, the examination of ballot cards for damage, hanging chads, distinguishing marks made by the voter, and for indications of write-in votes may be done at the precinct or at the counting center.

(5) When the ballot cards have been processed and checked, the precinct election officers shall determine that the number of ballot cards which they are submitting to the counting center for tabulation agrees with the number of names recorded on the precinct roster less discrepancies for which notations have been made in the precinct roster. The number of ballot cards which are being submitted for tabulation shall be entered in the appropriate place on the certification prepared by the precinct election officers.

(6) The precinct election officers shall prepare a certificate indicating the number of ballot cards issued to the precinct, number of ballot cards issued to the voters, number of spoiled ballot cards, and the number of unused ballot cards. The certificate shall be placed in the transfer case or include on the precinct roster.

(7) The precinct election officers shall place into the transfer case and/or ballot box for delivery, as directed, all of the following, if required by the system being used:

(a) Voted ballot cards.

(b) Ballot envelopes used in the election, unless they are placed and sealed in a separate metal container at which time they may be delivered to a place other than the counting center at the direction of the clerk.

(c) An envelope marked "ORIGINAL BALLOT CARDS FOR WHICH DUPLICATES HAVE BEEN MADE FOR ANY REASON" and containing those ballots, if used.

(d) An envelope containing spoiled ballot cards.

(e) Envelopes with notations and contents, containing any other issued ballot cards which are not to be counted.

(f) A certificate signed by the precinct election officers indicating the number of ballot cards issued, spoiled, and unused, unless included in the precinct roster.

(g) The write-in tally return sheet, unless included in poll book or precinct roster.

(h) Unused ballot cards, unless sealed in a separate container.

(8) All of the precinct election officers shall sign a certificate stating the following if it applies to the system being used in their precinct:

(a) the number of voters who voted as shown by the poll list.

(b) That the challenged and disabled voter list is correct.

(c) That prior to opening the polls, each device was examined and found to be sealed with metal seals bearing the same number as certified by the county board of elections.

(d) That the ballot labels were in their proper places and conformed to the instruction ballots.

(e) That the position of candidate names and ballot numbers on the ballot labels was the same and appeared in the same position as indicated on the edit listing.

(f) That at the close of the polls, each device as examined and found to be sealed with the same numbers as verified at the opening of the polls and that the ballot labels were in their correct position.

(g) The number of ballot cards submitted for tabulation.

(h) That if the number of ballots being submitted for tabulation does not agree with the number of voters as indicated by the precinct roster, the discrepancy is noted in the remarks section of the precinct roster.

(i) That ballot cards with write-in votes have been identified to their corresponding ballot envelopes.

(j) That ballot cards required to be duplicated by the precinct election officers have been properly duplicated.

(k) That write-in votes if counted at the precinct have been properly recorded, that ballot cards, duplicated cards, and ballot envelopes used in the election have been placed in the transfer case and/or ballot box and that the case or box was securely sealed with an official metal seal in such a manner as to render it impossible to open the case without breaking the seal.

(1) The number of the seal used to seal the transfer case and/or ballot box.

(9) The precinct election officers shall either place the precinct roster in the envelope, seal it with a red paper seal, and deliver it with the transfer case or insert the precinct roster into the transfer case for delivery.

(10) If the space in one (1) transfer case is inadequate, a second transfer case or metal container of a type approved by the county board of elections for the storage of ballots shall be used and the sealing and security handled in the same manner as the transfer case.

(11) The transfer case shall be sealed with a metal seal in a manner as to render it impossible to open the case or insert or remove ballots without breaking the seal. The seal number shall be recorded in the certificate of the precinct election officers in the poll book.

(12) The poll book and the transfer case containing the required items shall be delivered by two (2) precinct election officers to the location designated by the clerk.

Section 14. Hanging Chads. (1) A ballot card with a hanging chad shall be processed by not less than two (2) precinct election officers of differing political party preference.

(2) A ballot card with a hanging chad shall be processed as follows:

(a) When a chad is found attached to the card by one (1) or two (2) corners, the chad shall be removed by the election officer and the ballot card placed with the other ballot cards to be tabulated.

(b) The vote will not be counted, when a chad is found attached to the card by three (3) corners, the number not punched shall be circled on the original card. The original ballot card shall then be placed in the envelope for "ORIGINAL BALLOT CARDS FOR WHICH DUPLICATES HAVE BEEN MADE FOR ANY REASON;" and the duplicate ballot card, if made, placed with the other ballot cards to be tabulated. A chad hanging by three (3) corners may be covered with a piece of correction tape instead of being duplicated. The original ballot card, after being corrected, shall be placed with the other ballot cards to be tabulated.

Section 15. Processing Write-in Ballots. Write-in ballots shall be processed by not less than two (2) precinct election offices of differing political party preference.

Section 16. Duplication of Ballot Cards. (1) When a ballot card is duplicated, the duplication process shall be performed by not less than two (2) precinct election officers of differing political party preference.

(2) A duplicate ballot card shall be marked "DUPLICATE #_____." The number to be recorded on the duplicate card shall be the same identifying number recorded on the original card by the precinct election officer. The precinct number shall be recorded on the duplicate card.

(3) A duplicate ballot card shall be compared against the original ballot card to ensure that it has been accurately duplicated.

(4) An original ballot card which required duplication shall be placed in the envelope marked "ORIGINAL BALLOT CARDS FOR WHICH DUPLICATES HAVE BEEN MADE FOR ANY REASON." The duplicate ballot cards shall be placed with the ballot cards to be tabulated.

Section 17. Receiving Station. (1) At the option of the clerk in charge of the election, a transfer case and/or ballot box may be delivered by the precinct election officers to a receiving station instead of directly to the counting center. If a receiving station is used, the clerk shall appoint at least one (1) receiving board.

(2) The county board of elections in charge of the election shall determine the number of precincts which may be received by receiving station (stationary or mobile).

(3) Upon receipt of the transfer case and/or ballot box from the precinct election officers, the receiving board shall verify that the seal number on the transfer case and/or ballot box is the same as that recorded by the precinct election officers.

(4) The receiving board shall issue a receipt for the transfer case and/or ballot box to the precinct election officers delivering the case. The receipt shall indicate in general terms the condition of the transfer case and be made in duplicate. The original copy shall be given to the precinct election officers delivering the transfer case and/or ballot box and the duplicate retained for delivery to the clerk in charge of the election.

(5) The receiving board shall deliver the transfer case and/or ballot box to the counting center.

(6) The transfer case and/or ballot box identification tag shall be attached to the transfer case or ballot box by the seal.

(7) The receiving station certificate section of the precinct roster shall read substantially as follows:

RECEIVING STATION CERTIFICATE

We hereby certify that the transfer case and/or ballot box properly sealed, for this precinct was received by the receiving board. The seal number agreed with the number recorded in the precinct roster.

We further certify that after examining the transfer case and/or ballot box the original seal was attached to the transfer case and/or ballot box.

Section 18. Canvass. (1) The county board of elections may, for reasonable cause, require the person who prepared the program to appear before the board, to bring documents pertinent to the program, and to answer questions relevant to the program.

(2) The county board of elections may, for reasonable cause, require the person having the custody of the program to appear with the program before the board. A board of canvassers may conduct a test to determine the accuracy of the program.

(3) After testing, if it is found that the program which was used to tabulate the ballots produced incorrect returns, a board of elections may require the person who prepared and supplied the program to correct the portions of the program found to be in error and submit to it a corrected program to be used to retabulate the ballots, In that event, and accuracy test shall be held under the direction of the board of elections at which time the corrected program shall be tested and certified as provided in these rules. The ballots of the precincts shall be retabulated using the corrected program in the same manner as prescribed. A board of elections may summon the certifying board which originally certified the returns to retabulate the ballots and make correct returns. The board of elections shall canvass the votes from the corrected returns.

(4) When an examination of documents or programs is completed or the ballots have been counted or retabulated, they shall be returned to the transfer case or containers and shall be sealed and delivered to their legal custodian. The number of the seal shall be recorded on a certificate to be filed with the clerk of the board of elections.

Section 19. Challengers/Party Inspectors. Challengers designated pursuant to KRS 117.315(5) may be at the counting center and a receiving station, including one (1) challenger for each separate receiving, ballot inspection, duplicating and certifying board for each computer being used to tabulate the ballots.

Section 20. County Center; Election Inspectors; Appointment. (1) If a counting center is used, the county board of elections of a local unit of government using that counting center shall appoint not less than one (1) receiving board and one (1) certifying board.

(2) If the county owns the devices and supplies the program, and when more than one (1) local unit of government shares a computer center and a mutual agreement exists with the county, the county board of elections shall appoint not less than one (1) receiving board and one (1) certifying board. In this case, the county clerk shall be in charge of the counting center.

(3) The county board of elections may appoint a separate board for the purpose of examining, processing and duplicating ballot cards. The board shall consist of not less than two (2) members of differing political party preference.

(4) The county board of elections in charge of the computer counting center may appoint the same persons to the receiving, certifying and other boards.

(5) The county board of elections supplying the program shall appoint a person knowledgeable and capable of operating the computer on which the ballots shall be tabulated. They may, in addition, appoint another person to observe the operation of the computer. These persons shall be considered election officials. When more than one (1) local unit of government shares a computer and an agreement has been made with the county as provided, the county board of elections shall make the appointment.

(6) A member of the county board of elections which certifies all or part of the election shall not serve on any board established under this rule.

Section 21. County Center; Receiving, Tabulating and Certifying Ballots. (1) The county board of elections shall determine that the seal number on the container containing the programs, official test deck, and predetermined results agree with those recorded in the certificate of the accuracy board.

(2) The county board of elections shall test the program and computer as to accuracy prior to the tabulation of ballots and again after the last precinct has been counted, and shall certify the results. The accuracy test shall be conducted using the official test deck prepared under the direction of the county board of elections and certified by the accuracy board. The county board shall use the same test as was conducted by the accuracy board. The county board of elections shall ascertain that the results agree with the results as certified by the accuracy board. The computer results of the county board of elections accuracy test shall be identified as to date and time they were conducted. The county board of elections shall certify that the required tests have been performed. This certification shall be placed under seal with the program, test deck results, and other required materials and shall be delivered to the clerk in charge of the election.

(3) The county board of elections at least once during the tabulation of ballots must test the program and computer using the official test deck.

(4) A console log of the ballot tabulation shall be maintained and, at the completion of the count and accuracy test, certified by the computer operator and any observer appointed by the county board of elections. The console log shall be delivered to the clerk in charge of the election. If the computer used to tabulate the ballots is not capable of generating a console log, than a manual log of any abnormal events shall be maintained.

(5) Upon receipt of the transfer case and/or the ballot box from the stationary or mobile receiving board, the inspectors shall verify that the seal number on the transfer case and/or ballot box is the same as that recorded by the precinct election officers. The case or box shall then be opened and the computer center receiving board shall determine whether it contains ballot cards and other required items. A discrepancy in the seal number or contents shall be noted and explained in the remarks section of the precinct roster by the election inspectors delivering the transfer case and/or ballot box.

(6) The computer center receiving board shall issue a receipt for the transfer case and/or ballot box to the election inspectors delivering the case. The receipt shall indicate in general terms the contents of the transfer case or box and shall be made in duplicate. The original copy shall be given to the inspectors delivering the transfer case or box and the duplicate retained for delivery to the clerk in charge of the election.

(7) The computer center receiving board shall place the metal seal with which the case was sealed inside the transfer case or ballot box. The receiving board shall complete the certificate in the poll book, which shall read substantially as follows:

RECEIVING BOARD CERTIFICATE

We hereby certify that the transfer case and/or ballot box, properly sealed, containing the ballot cards for this precinct was received by the counting center receiving board. The seal number agreed with the number recorded on the transfer case or ballot box identification tag and in the precinct roster.

(8) The computer center receiving board shall place the cards in a sealed file.

(9) The clerk in charge of the election, the designated representatives of the clerk, the observer appointed by the county board of elections, computer personnel, data processing installation employees, authorized challengers, and the certifying board shall be allowed in the immediate area of the computer. The immediate area of the computer shall be defined by the clerk, but the clerk shall provide the public with a means of observing the computer.

(10) The clerk in charge of the election or the designated representative of the clerk shall be present in the computer room until the count is completed and all items required to be sealed have been sealed.

(11) The certifying board shall determine if the number of ballot cards tabulated by the computer agrees with the number of ballot cards submitted by the inspectors as indicated by the poll book. If a discrepancy exists, the board shall endeavor to correct it. If the discrepancy cannot be resolved, a notation of the pertinent facts shall be made in the remarks section of the poll book.

(12) The certifying board shall complete and certify a statement of returns in duplicate. The certificate of the statement of returns shall read substantially as follows:

STATEMENT OF RETURNS CERTIFICATE

We hereby certify that this is a statement of votes cast in this precinct as indicated by the tabulating equipment and that upon completion of the count, all ballots were placed in the transfer case or ballot box, that the case was sealed with seal number ____, and that the seal number was recorded in the poll book.

(13) County board of election members may serve as members of the certifying board at the discretion of the clerk in charge of the election.

(14) Upon the completion of the count of a precinct, the ballot cards shall be returned to a transfer box or ballot box. The transfer case or ballot box shall be either secured by a metal seal or placed in a secured place so as to render it impossible to open the case or box, to insert or remove ballots without breaking the seal, or impossible to enter the secured area where the ballots are stored. If the transfer case or ballot box is identified as to political unit and precinct, the identification tag shall be placed in the transfer case or ballot box or attached to the case or box in some manner.

(15) The precinct statement of returns and precinct roster shall be delivered to the persons authorized by statute to receive them. If permitted by the clerk of the board of elections, precinct statement of returns from one (1) or more precincts and poll books may be included in a single envelope or package.

(16) The clerk in charge of the counting center may require that a manual count of one (1) or more proposals in a precinct be conducted by the certifying board prior to certification of the computer tabulated results for that precinct.

(17) If the manual count and the computer count tabulated results do not agree, the certifying board shall not certify the results until the discrepancy has been recounciled.

(18) After the last precinct has been counted and the final accuracy test has been conducted, the certifying board shall secure all programs, test decks, certified results of accuracy tests, and other related material in a metal container, or in a secured place that cannot be entered by anyone without authority to do so. If these documents are placed in a container, the container must be sealed and have a certificate, signed by the certifying board, attached to it describing the contents. If these documents are placed in a secured place other than a sealed metal container, a certificate shall be attached to the container and the secured place shall not be entered unless two (2) members of the county board of elections of differing political parties are present.

(19) The clerk in charge of the election shall secure the container containing the programs, test decks, accuracy test results, and other related materials, and the original edit listing until fifteen (15) days following the certification of the election if a recount has not been requested or until a date prescribed by the State Board of Elections.

(20) Ballots used at an election may be destroyed after fifteen (15) days following the final determination of the county board of elections with respect to the election, unless their destruction has been stayed by an order of the court. Ballots shall not be released for examination, review or research unless prior approval is obtained by the county board of elections. (9 Ky.R. 626; Am. 771; eff. 12-1-82.)