TITLE 34

ELECTIONS

CHAPTER 24

VOTING BY MACHINE OR VOTE TALLY SYSTEM

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 voters to vote for candidates of as many political parties or organizations as may make nominations and for or against as many measures as may be submitted.

(c)  Permits the voter to vote for any person for any office and upon any measure that he has the right to vote for.

(d)  Permits the voter, except at primary elections, to vote for all the candidates of one (1) party or in part for the candidates of one (1) party and in part for the candidates of one (1) or more other parties.

(e)  Permits the voter to vote for as many persons for an office as he is lawfully entitled to vote for but no more.

(f)  Prevents the voter from voting for the same person more than once for the same office.

(g)  Correctly registers or records all votes cast for any and all persons and for or against any and all measures.

(h)  Can reject any vote cast in excess of the number that the voter is entitled to vote, which shall be considered an overvote.

(i)  Provides that a vote for more than one (1) candidate cannot be cast by one (1) single operation of the machine or vote tally system.

(2)  A vote tally system shall be:

(a)  Capable of correctly counting votes on ballots or ballot cards on which the proper number of votes have been marked for any office or question or issue that has been voted.

(b)  Capable of ignoring the votes marked for any office or question or issue where more than the allowable number of votes have been marked, but shall correctly count the properly voted portions of the ballot card.

(c)  Capable of accumulating a count of the specific number of ballots or ballot cards tallied for a precinct, accumulating total votes by a candidate for each office, and accumulating total votes for and against each question and issue of the ballots or ballot cards tallied for a precinct.

(d)  Capable of tallying votes from ballots or ballot cards of different political parties, from the same precinct, in the case of a primary election.

(e)  Capable of accommodating rotation of candidates’ names on the ballot or ballot card, provided that all ballots or ballot cards from one (1) precinct shall be of the same rotation sequence.

(f)  Capable of automatically producing precinct totals in either printed, marked, or digital form, or combinations thereof.

(3)  No vote tally system shall be connected to the internet at any time, and no vote tally system shall receive or transmit data through wireless communications. The provisions of this subsection shall not apply to electronic poll books authorized pursuant to section 34-1106A, Idaho Code.

History:

[34-2410, added 1970, ch. 140, sec. 141, p. 351; am. 2024, ch. 260, sec. 5, p. 904.]