Title 34, ELECTIONS

34-2401. Definitions. As used in this chapter: (1) "Ballot" means any material used or the voting surface of a direct recording electronic system on which votes are cast for offices, candidates and measures. (2) "Ballot card" means the tabulating card or cards of any size upon wh…

34-2402. Authority to use. It is the policy of this state that at all elections, including bond issue elections, that ballots or votes may be cast, registered, recorded and counted by means of voting machines or vote tally systems as provided in this chapter.

34-2403. Applicability of other laws. All election laws, including, but not limited to, bond election laws, city charters or ordinances, not inconsistent with this chapter, shall apply to all elections in election precincts where voting machines or vote tally systems are used. No…

34-2404. Tampering with machines prohibited. (1) No person shall: (a) Tamper with or injure or attempt to injure any voting machine or vote tally system to be used or being used in an election; (b) Tamper with any voting machine or vote tally system that has been used in an elect…

34-2405. Authority for procurement of machines. (1) After consultation with the county clerk as chief elections officer of his county, the governing body at any regular meeting or a special meeting called for the purpose, may rent, purchase or otherwise procure, and provide for t…

34-2406. Joint purchase and use of machines authorized. (1) In procuring the necessary voting machines or vote tally systems to be used, a governing body of any county, city, district or other political subdivision in the county, may by agreement entered into by the board of coun…

34-2407. Purchase of machines — Manner of payment. (1) The governing body may, on the adoption and purchase of voting machines or vote tally systems, provide for their payment in the method it determines to be for the best interest of the county, city, district or other political…

34-2408. Prior approval required for issuance of bonds. The governing body of any county shall, prior to authorizing the issuance of bonds obtain the approval in writing of the secretary of state as to the type and number of machines or vote tally systems to be purchased and the …

34-2409. Examination of machines by secretary of state prior to certification. (1) The secretary of state shall publicly examine all makes of voting machines or vote tally systems submitted to him and determine whether the machines or vote tally systems comply with the requiremen…

34-2410. Specifications for voting machines or vote tally systems. (1) No voting machine or vote tally system shall be approved by the secretary of state unless it is constructed so that it: (a) Secures to the voter secrecy in the act of voting. (b) Provides opportunity for voter…

34-2411. Duties of clerks of election boards. (1) The secretary of state shall issue an administrative order outlining the duties of each of the clerks on the election board. He shall devise and prescribe for use by each local election officer the contents, form, character and ki…

34-2412. Composition of precinct election boards. (1) The election board of each election precinct in which a voting machine or vote tally system is used shall consist of an election judge and one (1) or more clerks. Each election board shall contain personnel representing all ex…

34-2413. Preparation of machines for use — Instructions. (1) Before each election at which voting machines or vote tally systems are to be used, the county clerk of a county, in which voting machines or vote tally systems are to be used, shall cause them to be properly prepared a…

34-2414. Printed matter and supplies. (1) The election officer charged with the duty of providing ballots shall provide all necessary instruction, forms and supplies required for the proper use of the voting machines or vote tally systems. (2) Within a proper and reasonable time …

34-2415. Preparation of polling place for election. (1) The election board of each election precinct in which a voting machine is to be used shall meet at the polling place for the election precinct at least thirty (30) minutes before the time set for opening the polls. Before pr…

34-2416. Procedure for preparing machines for an election. (1) In preparing a voting machine for an election, the county clerk or the clerk of the city, district or other political subdivision, as the case may be, shall: (a) Arrange the machine so that it shall in every particula…

34-2417. Notice of locations of voting machines and polling places. Before preparing the voting machines or vote tally systems for any election, the county clerk shall mail to the chairman of the county or legislative district central committees of each political party who has no…

34-2418. Ballots. (1) The ballots required to be furnished for general or special elections shall be printed in black ink on clear white material of such size and arrangements as to suit the construction of the machine. The ballot for measures may contain a condensed statement of…

34-2419. Rotation of names of candidates. In each primary and general election when two (2) or more persons are candidates for nomination or election to the same office, the county clerk or the clerk of a city, district or other municipality in which voting machines or vote tally…

34-2420. Examinations of machine during election. The election board shall occasionally examine the voting machine and the ballots to determine that the machine and the ballots have not been damaged or tampered with.

34-2421. Procedure if a voting machine becomes inoperative. (1) If any voting machine used in any election precinct, during or before the time the polls are opened, becomes damaged so as to render it inoperative in whole or in part, an election board clerk immediately shall notif…

34-2422. Closing of polls — Delivery of ballots to clerk before polls closed. (1) At the hour for closing the polls, the election board shall declare the polls of the election closed and shall not permit any further voting. However, electors who are, at the hour of closing, withi…

34-2423. Absent voting by voting machine or paper ballot. The county clerk may provide that absent voting shall be either by voting machine or by marking a paper ballot or a combination of both. In any of the foregoing cases he may establish one (1) absent elector unit to handle …

34-2424. Paper ballots used in conjunction with voting machines. In any election where voting machines or vote tally systems are used: (1) Paper ballots may be used to record the electors’ votes for party offices. (2) Paper ballots may be used to record the electors’ votes for or…

34-2425. Preparation and distribution of sample ballots. (1) At each primary, general and special election there shall be provided as many sample ballots as the county clerk considers necessary. The sample ballots shall be prepared and distributed as provided by law. (2) For each…

34-2426. public logic and accuracy tests. (1) Each county clerk shall hold a public logic and accuracy test prior to election day to demonstrate to the public that the vote tally system is accurately reading and tabulating votes cast. Each county clerk utilizing a voting machine …

34-2427. voters with physical or other disability. (1) The election board clerks shall instruct electors on how to record their votes on the voting machine or vote tally system, and shall give assistance to any elector who declares that he is unable by reason of physical or other…

34-2429. Validation of elections. All elections, including but not limited to bond issue elections, heretofore conducted pursuant to this chapter and all proceedings had or to be had in the authorization and issuance of the bonds authorized thereat, together with all such bonds w…