SB2166

Timing: The public logic-and-accuracy test must ordinarily occur no later than the 48th day before Election Day, instead of 48 hours before voting begins. If the custodian cannot meet the new deadline, the test must occur as soon as practicable afterward and the secretary of state must be notified within 24 hours of that determination. Notice of the public test remains due at least 48 hours before it begins, on the political subdivision’s website or, if it has none, its governing body’s meeting-notice bulletin board. The 48-day test deadline and 48-hour notice rule are different. Final law, section 7.

Tabulators: The Chapter 127 test requirement now covers automatic tabulating equipment used in the election, not only equipment at a central counting station. The election-records custodian and testing board conduct the first central-station test and polling-place equipment test together with the public logic-and-accuracy test. The programmer, tabulation supervisor, counting-station manager and presiding judge conduct later central-station tests immediately before and after each counting session, replacing the wording that specified three tests for an election. Final law, sections 1–3.

The initial tests use ballots generated in the public logic-and-accuracy test, printed on the same stock as official ballots. Later central-station tests use the electronic media produced during that testing. Existing rules requiring successful tests before tabulators count voted ballots, and invalidating a central-station count after an unsuccessful post-count test with a prescribed correction/recount process and a manual-count fallback, are not repealed. Final law, section 2; Initial successful-test requirement; Pre-count test; Post-count failure procedure.

Coverage and failures: The logic-and-accuracy procedures must test each equipment type and each ballot type, including mail-ballot stock and ballots from marking devices, and label test ballots so they cannot be used in the upcoming election. Existing contest, precinct, ballot-style, overvote/undervote and accessibility checks remain. If the board finds the test unsuccessful, the custodian must identify the cause, publish a written explanation online, retain the failed-test materials and hold a public retest. Final law, section 7; Retained test safeguards.

Software checks: Acceptance testing immediately after receiving a system from a vendor adds hash validation—a mathematical file fingerprint check—on each ballot-marking device, tabulator unit and tabulation computer to check for altered source code. Separately, the source-code demonstration within the recurring logic-and-accuracy test uses a representative sample of each type: ten devices or five percent of that type to be used, whichever is fewer. The sample rule does not replace the each-device acceptance check. Final law, sections 6–7.

Electronic pollbooks: A new test is required no later than 48 hours before voting begins, with notice at least 48 hours before the test on the subdivision’s website or meeting-notice board. It checks voter-data loading, peripheral devices, correct assignment of ballot styles and whether any ballots the system issues can be read by the voting system. The secretary of state must prescribe procedures and training materials for this and the main logic-and-accuracy test. Final law, sections 7–8.

Records and public inspection: The custodian seals the initial tabulator-test materials with signatures from the testing board and up to two watchers, of opposing interests if present. The custodian transfers materials to the central-station presiding judge for later tests; that judge reseals them with the manager, supervisor and specified watchers before eventual return with the election returns. Test materials under both affected chapters become available for public inspection only on the first day after the final canvass—the official vote-total review—is completed; containers opened for inspection must be resealed. This concerns test materials, not a new general rule withholding every election record. Final law, sections 4–5 and 9; Retained final delivery rule.

Notice repeal and passage: The act removes Chapter 127’s separate newspaper-notice wording and repeals its separate primary-election county-chair notice provision while tying the initial test to Chapter 129’s public-test procedures. Chapter 129’s existing primary county-chair and applicable county-election-board notices remain. All five operative bill versions match; both committees reported without amendments and none are indexed. Final law, sections 3 and 10; Retained special notices; Introduced; Senate committee; Senate-passed; House committee; Version index; Amendment index.

Compare the published text versions in the official text index. A change is not attributed to a specific amendment here without a verified record.

Election administrators must coordinate earlier testing, equipment and ballot coverage, notices, records and failure explanations. Voters and observers gain specified public testing and later inspection opportunities. These procedures may help identify errors; they are not evidence that a particular election was inaccurate or a guarantee that every error will be found. Final law.

The March 26 fiscal note anticipates no significant state or local fiscal impact, citing the secretary of state’s assessment. It does not quantify every jurisdiction’s staff or equipment costs. The act makes no appropriation. Official fiscal note; Final law.