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Bill > HB1124


SD HB1124

SD HB1124
Modify provisions pertaining to the testing of automatic tabulating equipment.


summary

Introduced
01/25/2023
In Committee
02/22/2023
Crossed Over
02/06/2023
Passed
02/27/2023
Dead
Signed/Enacted/Adopted
03/27/2023

Introduced Session

2023 Regular Session

Bill Summary

AN ACT ENTITLED An Act to modify provisions pertaining to the testing of automatic tabulating equipment.

AI Summary

This bill modifies provisions pertaining to the testing of automatic tabulating equipment used in elections. Key provisions include: 1. Requiring a public test of the automatic tabulating equipment no more than 10 days prior to an election to ensure it will correctly count the votes. This test must be open to the public, and the person in charge of the election must notify political parties, independent candidates, and ballot question committees about the test. 2. Specifying the testing process, including using a predetermined number of valid votes for each candidate and measure, as well as at least one ballot with invalid votes to ensure the equipment can reject them. The test ballots must be clearly marked and the testing materials sealed after each test. 3. Prohibiting any software or firmware updates to the automatic tabulating equipment after testing and until the certification of the election results. The equipment must also be sealed with a unique numbered seal, which the person in charge of the election must verify has not been tampered with prior to the official counting of the ballots. 4. Amending existing law to require the automatic tabulating equipment to be tested prior to a recount or election contest, and the new returns printed by the equipment to be certified as the official returns.

Committee Categories

Government Affairs

Sponsors (15)

Last Action

Signed by the Governor on March 27, 2023 H.J. 545 (on 03/27/2023)

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