44.3.1714    HANDLING VOTING SYSTEM ERROR DURING COUNT

(1) During a count of paper ballots in which votes are being automatically tabulated by a voting system, if the election administrator or counting board has reason to believe that the voting system is not operating correctly, the count must be halted and the system must be tested, as applicable, in accordance with the procedures specified in the instruction manuals, user guides, and technical manuals provided by the manufacturer of the voting system, as well as the election judge handbook provided by the office of the Secretary of State, except in cases in which those materials conflict with state laws or rules, in which case the laws or rules shall apply.

(2) If the test does not show any errors, the count must proceed using the voting system.

(3) If the test shows errors and the errors cannot be corrected or if a majority of the counting board agrees that the system may not be functioning correctly, votes cast on paper ballots must be counted manually in accordance with 13-15-206 (2) , MCA.

History: 13-15-206, 13-15-209, MCA; IMP, 13-15-209, MCA; NEW, 2006 MAR p. 2671, Eff. 10/27/06.