Title 7, Elections

(a) When the name and voting precinct of a voter is read by the election official, any candidate or qualified poll watcher pursuant to § 7-5-312 may challenge the vote in the manner provided by law for personal voting challenges, and the election officials shall consider the ball…

(a) (1) (A) Except as provided in subdivision (a)(1)(B) of this section, early voting shall be available to any qualified elector who applies to the county clerk's designated early voting location within the county seat, beginning fifteen (15) days before a preferential primary o…

All laws of this state applicable to elections where voting is done in any manner other than by machines and all penalties prescribed for violation of these laws shall apply to elections and precincts where voting machines are used insofar as they are applicable.

(a) Any person or corporation selling voting machines may apply to exhibit machines to the State Board of Election Commissioners. (b) The state board shall examine the machine and file a report of its accuracy, efficiency, and capacity with the office of the Secretary of State. (…

(1) No make of voting machine shall be approved for use unless it is so constructed that:(1) It will ensure secrecy to the voter in the act of voting;(2) It shall provide the capacity for voting for or against as many questions as may be submitted;(3) It shall permit the voter to…

(a) (1) The manufacturer shall demonstrate the machine to the county election officials prior to the first election at which the machines are placed in use.(2) The date for the demonstration shall be agreed upon by the vendor and the county board of election commissioners. (1) Th…

(a) (1) The county board of election commissioners may designate suitable times and places where voting machines shall be exhibited for the purpose of giving instructions in their use to all voters who apply for instruction.(2) Public notice of the times and places where voting m…

(a) At each polling place at which voting machines are used, the county board of election commissioners shall provide forms that voters may use for complaints about the function of a voting machine. The complaint form shall include space for the following information:(1) The name…

(a) It shall be the duty of the county board of election commissioners to prepare and certify the ballot styles for the voting machine. (b) In addition, the county board of election commissioners shall furnish any election materials and supplies as may be necessary or as may be r…

The county board of election commissioners in any county in which voting machines are to be used shall be ready at any time on election day to deliver ballots, ballot boxes, replacement voting machines, if available, or other necessary equipment required by law for voting to any …

(a) Immediately upon the proper certification of candidates and questions, the county board of election commissioners shall oversee programming of the election, proof the ballots, prepare the voting machines, and test and adjust the voting machines for the election. (b) In perfor…

(1) Before the county board of election commissioners begins the preparation of the machines for any election, it shall publish a notice in a newspaper of general circulation in the county stating:(1) The time and place the machines will be prepared for the election; and(2) A tim…

(a) When a voting machine has been properly prepared by the county board of election commissioners and examined by the representatives of the candidates or the candidate himself or herself, it shall be made inaccessible to voting. (b) (1) Any device required to activate the machi…

(a) The voting machine shall remain inactivated against voting until the polls are formally opened and shall not be operated except by voters for voting. (b) If any counter is found not to register zero (000), the poll workers shall immediately notify the county board of election…

During the election, each voter shall be instructed regarding the operation of voting machines before voting. The voter's attention shall also be called to the sample ballot, so that the voter shall become familiar with the questions, the names of the offices, and the names of th…

(a) The exterior of the voting machine and every part of the polling place shall be in plain view of the poll workers. (b) The machine shall be placed so that no person can see or determine how the voter casts his or her vote. (c) After the opening of the polls, the poll workers …

(a) (1) When a voter presents himself or herself for the purpose of voting, the poll workers shall ascertain whether he or she is properly qualified and registered under § 7-5-305.(2) In preparing the machines, the poll workers shall ensure that each voter will have access only t…

(a) During the time that the polls are open for voting, no more voters shall be permitted to approach the voting machine than there are vacant machines available for voting. (b) At the time of the closing of the polls, all persons who have presented themselves for voting and who …

(a) At the official time for closing the polls and upon termination of the voting, the poll workers shall announce that the polls have closed and in the presence of all persons authorized to be present shall remove the activation devices from the voting machines to make them inac…

(a) The poll workers shall then expose the count in the presence of all persons authorized to be present. (b) It is the intention of this section to accord a full, complete, and public view of the count from each voting machine to all poll workers and designated watchers for the …

Voting machines shall be released to a person designated by the county board of election commissioners for storage in a secure facility designated by the county board of election commissioners.

(a) The county board of election commissioners shall compile countywide totals from the activation pack or device used to collect votes from each voting machine. (b) Prior to certification of the official election results, the county board of election commissioners shall manually…

(a) The county board of election commissioners shall produce an audit log for each voting machine used in the election. (b) In the event that there is an election contest filed, the judge of the court that has jurisdiction may order the county board of election commissioners to s…

(a) All audit logs and voter-verified paper audit trails produced by a voting machine shall remain secured for a period of two (2) years. (b) (1) All voting machines used in any election shall remain secured for a period of at least three (3) days following the election unless th…

(a) For purposes of this section:(1) “Direct-recording electronic voting machine” means a voting machine that:(A) Records votes by means of a ballot display provided with mechanical or electro-optical components that may be actuated by the voter;(B) Processes the data by means of…

(a) All paper ballots provided by the county board of election commissioners of any county in this state for any election shall be alike and shall be printed in plain type. (b) Each ballot shall be printed on paper with a perforated portion capable of being detached for use as th…

(a) (1) The county board of election commissioners of each county in this state using paper ballots counted by hand at the polling site, paper ballots counted by an electronic vote tabulating device at the polling site, or paper ballots cast at a polling site and counted at a cen…

(1) When paper ballots are to be counted, the following procedures shall be followed:(1) (A) In counting the paper ballots, the ballot box shall be opened and each paper ballot shall be counted in turn or by counting by offices and issues by first being run through a tabulation d…

(a) Paper ballot voting systems that include electronic vote tabulating devices may be used in elections, provided that the systems shall:(1) Enable the voter to cast a vote in secrecy;(2) Enable the voter to vote for all offices and measures on which he or she is entitled to vot…

(a) The State Board of Election Commissioners may promulgate rules for the administration of this subchapter and shall approve the marking devices and electronic vote tabulating devices. (b) (1) Any person or company wishing to exhibit marking devices and electronic vote tabulati…

In precincts where an electronic vote tabulating device is used, sufficient space shall be provided for the use of the device, and it shall be arranged in such a manner as to assure secrecy in voting.

Any voter who spoils his or her ballot or makes an error may return it to the election officials and mark another, not to exceed three (3) in all.

(a) (1) The county board of election commissioners, with respect to all elections, shall cause the electronic vote tabulating devices used for voting to be properly programmed and tested before delivery to the election precincts.(2) As soon as the election media are prepared, but…

In precincts where an electronic vote tabulating device is used, as soon as the polls are closed the poll workers shall compare the total number of voters indicated by the electronic vote tabulating device with the list of voters to ensure that the number recorded by the tabulato…

(1) For the tabulation of votes of a precinct by electronic vote tabulating devices at a central counting location:(1) (A) The poll workers shall place all ballots that have been cast in the container provided for that purpose.(B) The container shall be sealed and delivered to th…

(a) The counting of votes by electronic vote tabulating devices at the courthouse or other central counting location shall be open to the public, and any candidate or political party may be present in person or by representative designated in writing pursuant to § 7-5-312 to view…

A person who violates this subchapter shall be subject to the same fine and imprisonment as provided by law for violating the comparable provisions of the laws of this state regarding voting by other voting methods.

(a) Marked absentee or provisional ballots shall be transported in a secure manner during the election period between locations, including without limitation between:(1) Polling sites;(2) Vote centers;(3) Offices of the county clerk;(4) Designated absentee or provisional ballot c…

(a) (1) No earlier than forty-eight (48) hours after the election and no later than the fifteenth calendar day after the election, the county board of election commissioners, from the certificates and ballots received from the several precincts, shall proceed to ascertain, declar…

(a) After the election has been finally certified by the county board of election commissioners, the county board of election commissioners shall retain the custody of and safely keep in a sealed container appropriately marked in a secure location in the county courthouse or othe…

(a) It shall be the duty of the Secretary of State, in the presence of the Governor, within thirty (30) days after the time allowed to make returns of election by the county board of election commissioners, or sooner, if all the returns have been received, to cast up and arrange …

(a) It shall be the duty of the Secretary of State, in the presence of the Governor, within thirty (30) days after the time allowed in this subchapter to make returns of elections by the county board of election commissioners, or sooner, if all the returns have been received, to …

(a) During the first week of the session after each election for Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, and Attorney General, and in the presence of both houses of the General Assembly, the Speaker of the House of Representatives …

It shall be the duty of the Secretary of State, on the first day of each regular session of the General Assembly, to lay before each house a list of members elected in accordance with the returns in his or her office.

(a) For all state and federal elections, the county board of election commissioners shall transmit the certified results for each precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State. (b) The county board of election…

(a) A right of action is conferred on any candidate to contest the certification of nomination or the certificate of vote as made by the appropriate officials in any election. (b) The action shall be brought in the circuit court of the county in which the certification of nominat…