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(1) During a count of paper ballots in which votes are being automatically tabulated by a voting machine, if the election administrator or counting board has reason to believe that the voting machine is not operating correctly, the count must be halted and the machine must be tested, as applicable, in accordance with the procedures specified in the instruction manuals, user guides, and technical manuals provided by the manufacturer of the voting 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.

(2) If the test does not show any errors, the count must proceed using the voting machine.

(3) If the test shows errors and the errors cannot be corrected or if a majority of the counting board agrees that the machine may not be functioning correctly:

(a) if no other tested voting machine is available, votes cast on paper ballots must be counted manually in accordance with 13-15-206, MCA; and

(b) the vote-counting machine involved in the discrepancy in that county may not be used in another election until it has been examined and tested by a computer software expert in consultation with a voting machine vendor and approved by the secretary of state.

History: 13-15-206, 13-17-211, MCA; IMP, 13-15-209, MCA; NEW, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2012 MAR p. 760, Eff. 4/13/12.

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