Mo. Code Regs. tit. 15 § 30-10.150
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 15 CSR 30-10.150 - Closing Polling Places Ballot Marking DevicesPURPOSE: This rule is being amended to update terms and remove outdated references.
PURPOSE: This rule provides procedures for administering and closing polling places using a ballot marking device.
(1) Once one (1) vote is cast on a ballot marking device, the poll workers shall encourage voters to cast their votes on that unit so that at least two (2) more ballots are cast on that unit, even if not by voters needing its accessibility components, in order to protect the privacy of the voter.(2) Abandoned Ballots. (A) If a voter places an optical scan ballot into an electronic ballot tabulator and the electronic ballot tabulator rejects the ballot after the voter has left the polling place and if the ballot is still in the electronic ballot tabulator, a bipartisan team of election judges shall take action to ensure that the ballot is counted and deposited in the ballot box.(B) If a voter leaves their optical scan ballot anywhere in the polling place other than in the electronic ballot tabulator or ballot box and the voter leaves the polling place, the ballot shall not be counted. A bipartisan team of election judges shall mark the ballot "Abandoned" and place the ballot in the spoiled ballot envelope. The judges shall make a corresponding notation on an Abandoned Ballot Tracking Form, initialed by both judges.(3) Immediately after the polls close and the last voter has voted, the election judges shall close, or supervise the closing of, each of the ballot marking devices and electronic ballot tabulators in the polling location against further voting.(4) The election judges shall cause each ballot marking device and electronic ballot tabulator to print a minimum of one (1) tape showing the number of votes cast on each unit. They shall compare the number of ballots cast as shown on the tape with the number of ballots cast as shown on the election counter of the unit and with the number of voters who signed the precinct register and for the electronic ballot tabulator with the number of ballots marked. If these numbers are not identical, the election judges shall document the discrepancy.(5) After completing the procedures in sections (3) and (4), the memory components shall be removed from any unit that will not be returned to the central location on election night or shall remain sealed in any unit that will be returned to the central location, as appropriate for the make, model, and version of the system in use. The ballot marking device and the electronic ballot tabulator shall be turned off and secured in their cases and locked or resealed. The number of each seal shall be entered on the appropriate form along with the serial number of the unit or unit case on which it is used. The units or cases shall then be secured.(6) Any provisional ballots, optical scan ballots, spoiled ballots, paper cast vote records, and memory components shall be secured in tamperproof containers securely sealed in such a manner that if the container is opened, the seal will be broken beyond repair.(7) Audit trail tapes, voter access cards, supervisor's card, ballot encoder devices, precinct binders, numbered lists of voters, voter certificates, recap sheets, and other such paperwork shall be transported to the election authority. In the event the paper cast vote record is unreadable, the audit trail tapes shall be available as an official record when a manual recount of votes is ordered.(8) All paper cast vote records shall be preserved and secured by election judges in the same manner as paper ballots and shall be available as an official record when a manual recount of votes is ordered and for the post-election verification of the electronically tabulated vote results required by 15 CSR 30-10.060. AUTHORITY: section 115.225, RSMo Supp. 2005.* Emergency rule filed June 21, 2006, effective July 1, 2006, expired Feb. 22, 2007. Original rule filed June 21, 2006, effective Dec. 30, 2006. Amended by Missouri Register May 15, 2024/volume 49, Number 10, effective 6/30/2024.*Original authority: 115.225, RSMo 1977, amended 1993, 1995, 2002.