32-1049.

Vote counting device; requirements.

Any election commissioner or county clerk using a vote counting device to count ballots in a centralized location shall:

(1) Provide for the proper sealing of the containers and the security of the ballots when transported from each polling place to the centralized location and when removed from their containers and delivered to the personnel who operate the vote counting devices;

(2) Provide a process of counting which allows for the ballots of each precinct to be placed in a sealed container and placed in a secure location after the counting process has been completed;

(3) Provide for a method of overseeing the ballots that have been overvoted or damaged which does not involve judging voter intent to assure that these ballots have not been or will not be intentionally mismarked;

(4) Provide for a procedure for counting write-in votes when such votes and names of write-in candidates are to be counted and recorded;

(5) Provide the Secretary of State with the anticipated date by which the testing required pursuant to section 32-1044 will be completed;

(6) Before any ballots are counted by a vote counting device, provide for the running of a zero report that indicates the vote counting devices are clear of any previous results;

(7) Provide for storing and safeguarding the magnetic tapes or computer chips of the vote counting devices for the required period of time;

(8) Provide the appropriate security personnel or measures necessary to safeguard the secrecy and security of the counting process;

(9) Develop a procedure for picking up and counting ballots during election day at the discretion of the election commissioner or county clerk. No report or tabulation of vote totals for such ballots shall be produced or generated prior to one hour before the closing of the polls;

(10) Develop a procedure for picking up and transporting ballots from a secure ballot drop-box to the office of the election commissioner or county clerk;

(11) Provide a process for verifying early voting ballots that includes verifying the voter's signature on the envelope and, for elections conducted pursuant to section 32-953, the voter's valid photographic identification;

(12) Provide for verification of provisional ballots;

(13) Provide a timeline for counting that includes the anticipated date the counting and canvassing boards will convene; and

(14) Submit a written plan to the Secretary of State specifically outlining the procedures that will be followed before, during, and after election day to implement this section. The plan shall be submitted no later than twenty-five days before the election and may be modified as necessary.