Mich. Admin. Code R. 168.778 - Accuracy test

Rule 8.

(1) The commission providing the program shall designate a time and place for an accuracy test, which shall be held not less than 5 days before the election.

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

(3) Members of the accuracy board shall be present at the accuracy test.

(4) 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.

(5) The initial testing of the computers and programs shall be with the test deck prepared under the direction of the commission. 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.

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

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

(a) A member of a board of canvassers which shall certify all or part of the election or a designated representative.

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

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

(d) A representative from each group interested in a proposal or measure who has informed the commission in writing of that person's intent to participate in the testing procedure. The number of cards each eligible person is allowed to prepare shall be determined by the accuracy board, except that an eligible person shall not be limited to less than 10 cards.

(8) The commission supplying the program shall provide the following items at the accuracy test:

(a) An edit listing.

(b) Test ballot cards.

(c) At least 1 set of ballot labels or sample ballots for each precinct.

(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 accuracy board, the meeting may be adjourned to a time and date certain.

(10) The secretary of state or a 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 secretary of state, it may be used in place of, or in addition to, the test deck prepared by the commission.

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

Notes

Mich. Admin. Code R. 168.778

1979 AC