950 CMR, § 50.02 - Standards

The Secretary shall determine the approved types of voting equipment based on compliance with the minimum requirements for this equipment imposed by law and the ability of this equipment to further the efficient administration of elections. Specifically:

(1) Equipment actually used to vote shall be simple and convenient to use:

(a) A reasonable and average person should be able to operate the equipment after a brief demonstration or explanation.

(b) Voting an average ballot on the equipment shall not take an undue length of time.

(c) Safeguards such as indicator devices or markings must be employed so as to allow the voter to examine the choices he has made and ensure that the correct choices have been indicated. The voter shall have the ability to change a vote either by resetting the device or by obtaining as many as two new ballots until the time when the final vote has been registered either by pulling a lever or other device or by casting the ballot.

(d) If ordinary lighting is inadequate, special lighting must be supplied.

(e) Voting machines shall be equipped to permit the insertion of four-inch wide ballot labels for display of ballot questions.

(2) Equipment shall be designed so as to maximize accuracy and prevent fraud:

(a) There shall be a sufficient number of locks and seals to prevent tampering with the counters or other mechanisms.

(b) Voting machines that do not contain electronic components shall have the following counters:

1. public counter - the counter or other device that registers each time the machine is operated during the election and shows the number of persons who have voted on that machine in that election.

2. protective counter - the counter or other device which registers the total number of times the machine has been operated in its lifetime.

3. vote counters - the counters which numerically register the votes cast for candidates and on questions to voters.

4. vote indicators - the pointers or other devices by which are indicated the votes for candidates or on questions to voters.

Voting machines that contain electronic components need not be equipped with a protective counter, and, instead of candidate and question counters, may be equipped with internal components which register votes electronically.

(c) Ballot boxes shall contain mechanical devices for receiving, registering, and canceling every ballot deposited in them, but no ballot box shall record any distinguishing number or mark on a ballot, other than the identity of the ward or precinct. Ballot boxes that contain electronic components may be equipped with internal components which register votes electronically.

(d) If a marking device used in a punch-card electronic system contains a mask and template, the mask and template must contain at least 235 positions.

(e) Devices shall be present in voting machines that can prevent the machines from being used to register votes before and after the election, or provide a means for detection of such use.

(f) Special regard must be given to the prevention and detection of double voting.

(g) Special regard must be given to the prevention and detection of voting for candidates of more than one political party at a primary election. All voting machines used in primary elections shall be equipped so that election officers can adjust the machines to prevent voters from voting for candidates of any party in which they are not enrolled. Similar safeguards must be provided for electronic voting devices.

(3) The minimum standard for secrecy in voting shall be that afforded by the use of paper ballots.

(4) Equipment must be adequate to the demands of an average election.

(a) Equipment capacity must be such as to accommodate a reasonable number of candidates and offices on a ballot. Voting machines not in use as of April 3, 1979 must contain spaces for at least 50 candidate names in a single row or column, unless:

(i) machines are purchased solely for the purpose of replacing less than a majority of the machines in a city or town which already uses only the same type of machines containing fewer spaces, or

(ii) the construction of the machine permits the names of candidates and questions to be arranged in the same format as on the official paper ballot.

(b) A recount of votes cast for each candidate and on each question shall be possible.

(c) Space must be provided where the voter may indicate a write-in or sticker vote if desired.

(d) Punch cards used in an electronic voting system must meet Electronic Industries Association standard RS-292 and U.S.A. standard X3.21-1967.

(5) Absentee ballots used with punch-card systems shall be punch-card ballots. Absentee ballots used with optical scanner systems shall be optical scanner ballots.

(6) Equipment must be accompanied by availability of service by the manufacturer or other persons.

(7) Equipment must be judged sturdy and reliable and able to withstand regular use at elections for at least a decade.

(8) The Secretary may take into account any other factors which he considers relevant pursuant to statutory and regulatory mandates.

(9) Nothing in 950 CMR 50.00 shall be interpreted as removing from the city or town the obligation to test individual pieces of approved types of voting equipment to ensure compliance with these standards.

Notes

950 CMR, § 50.02