13-17-103. Required specifications for voting systems. (1) A voting system may not be approved under 13-17-101 unless the voting system:
     (a) allows an elector to vote in secrecy;
     (b) prevents an elector from voting for any candidate or on any ballot issue more than once;
     (c) prevents an elector from voting on any office or ballot issue for which the elector is not entitled to vote;
     (d) allows an elector to vote only for the candidates of the party selected by the elector in the primary election;
     (e) allows an elector to vote a split ticket in a general election if the elector desires;
     (f) allows each valid vote cast to be registered and recorded within the performance standards adopted pursuant to subsection (3);
     (g) may be protected from tampering for a fraudulent purpose;
     (h) prevents an individual from seeing or knowing the number of votes registered for any candidate or on any ballot issue during the progress of voting;
     (i) allows write-in voting;
     (j) will, if purchased by a jurisdiction within the state, be provided with a guarantee that the training and technical assistance will be provided to election officials under the contract for purchase of the voting system;
     (k) uses a paper ballot that allows votes to be manually counted, except as provided in subsection (2); and
     (l) allows auditors to access and monitor any software program while it is running on the system to determine whether the software is running properly.
     (2) A direct recording electronic system that does not mark a paper ballot may be used to facilitate voting by a disabled voter pursuant to the Help America Vote Act of 2002, 42 U.S.C. 15301, et seq., if:
     (a) (i) a direct recording electronic system that uses a paper ballot has not yet been certified by the federal election assistance commission; or
     (ii) a direct recording electronic system that marks a paper ballot has not yet been approved by the secretary of state pursuant to 13-17-101; and
     (b) the system records votes in a manner that will allow the votes to be printed and manually counted or audited if necessary.
     (3) To implement the provisions of subsection (1)(f), the secretary of state shall adopt rules setting a benchmark performance standard that must be met in tests by each voting system prior to approval under 13-17-101. The standard must be based on commonly accepted industry standards for readily available technologies.

     History: En. Sec. 143, Ch. 368, L. 1969; R.C.M. 1947, 23-3802(1), (3); amd. Sec. 196, Ch. 571, L. 1979; amd. Sec. 33, Ch. 370, L. 1987; amd. Sec. 65, Ch. 414, L. 2003; amd. Sec. 1, Ch. 275, L. 2005; amd. Sec. 17, Ch. 286, L. 2005.