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(1) For each voting system approved under 13-17-101, MCA, the system must comply, as applicable, with the following procedures specified in the instruction manuals, user guides, and technical manuals provided by the manufacturer and distributor of the system, as well as the election judge handbook provided by the office of the secretary of state (except in cases in which those materials conflict with state laws or rules, in which case the laws or rules shall apply):

(a) performance certification under 13-17-212, MCA;

(b) how electors ensure the proper disposition of a ballot pursuant to 13-13-117(2), MCA;

(c) the procedures to be followed if the comparison under 13-15-206(2)(b), MCA, reveals discrepancies;

(d) how to operate and test the system during counts or recounts;

(e) the security measures necessary to secure the voting system before, during, and after an election, including security following a recount under 13-16-417, MCA; and

(f) testing and certification of voting systems pursuant to 13-17-212, MCA.

(i) Except when (ii) is applicable, a random test must be conducted by a county election administrator or designee of 10% of each type of voting system, a minimum of one per county, on election day, to validate the accuracy of voted paper ballots with the voting system results.

(ii) County election administrators choosing to start automatic tabulation the day before the election pursuant to 13-13-241(7), MCA, must test all used central count vote tabulation machines the day before the election, before counting begins.

History: 13-17-211, 13-17-212, MCA; IMP, 13-17-211, 13-17-212, MCA; NEW, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2022 MAR p. 167, Eff. 1/29/22.

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