32-1044.

Vote counting device; verify accuracy; tests; certify; watchers and observers.

(1) An election commissioner or county clerk using a vote counting device to count ballots shall conduct at least three independent tests before counting begins to verify the accuracy of the counting process, which includes the computerized program installed for counting various ballots by vote counting device. The test shall be conducted by:

(a) The election commissioner or county clerk;

(b) The chief deputy election commissioner or a registered voter with a different party affiliation than that of the election commissioner or county clerk; and

(c) The person who installed the program in the vote counting device or the person in charge of operating the device.

(2) Watchers may be appointed to be present and observe the tests. Each political party shall be entitled to one watcher appointed and supplied with credentials by the county central committee of such political party. All other persons shall be excluded, except for observers authorized by the election commissioner or county clerk. Watchers and observers shall comply with the requirements for watchers and observers under section 32-1525. Watchers and observers cannot be excluded from the testing location unless the election commissioner or county clerk provides an unobstructed view of the testing by use of closed-circuit television or similar device.

(3) Prior to any statewide primary or general election, the election commissioner or county clerk shall certify the date the testing was completed to the Secretary of State. The Secretary of State shall post the certification on the Secretary of State's website.