2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 1 - Elections
CHAPTER 52 - VOTING SYSTEMS
52.35 - EQUIPMENT TESTED.

        52.35  EQUIPMENT TESTED.
         Before the date of any election at which votes are to be cast by
      means of an optical scan voting system, the commissioner shall have
      the automatic tabulating equipment, including the portable tabulating
      devices, tested to ascertain that it will correctly count the votes
      cast for all offices and on all public questions.  Testing shall be
      completed not later than twelve hours before the opening of the polls
      on the morning of the election.  The procedure for conducting the
      test shall be as follows:
         1.  For any election to fill a partisan office, the county
      chairperson of each political party shall be notified in writing of
      the date, time, and place the test will be conducted, so that they
      may be present or have a representative present.  For every election,
      the commissioner shall publish notice of the date, time, and place
      the test will be conducted.  The commissioner may include such notice
      in the notice of the election published pursuant to section 49.53.
      The test shall be open to the public.
         2.  The test shall be conducted by processing a preaudited group
      of ballots marked so as to record a predetermined number of valid
      votes for each candidate, and on each public question, on the ballot.
      The test group shall include for each office and each question one or
      more ballots having votes in excess of the number allowed by law for
      that office or question, in order to test the ability of the
      automatic tabulating equipment to reject such votes.  Any observer
      may submit an additional test group of ballots which, if so
      submitted, shall also be tested.  The state commissioner shall
      promulgate administrative rules establishing procedures for any
      additional test group of ballots submitted by an observer.  If any
      error is detected, its cause shall be ascertained and corrected and
      an errorless count obtained before the automatic tabulating equipment
      is approved.  When so approved, a statement attesting to the fact
      shall be signed by the commissioner and kept with the records of the
      election.
         3.  The test group of ballots used for the test shall be clearly
      labeled as such, and retained in the commissioner's office.  The test
      group of ballots and the programs used for the counting procedure
      shall be sealed, retained for the time required for and disposed of
      in the same manner as ballots cast in the election.
         4.  Those present for the test shall sign a certificate which
      shall read substantially as follows:

         The undersigned certify that we were present and witnessed the
      testing of the following tabulating devices; that we believe the
      devices are in proper condition for use in the election of ......
      (date); that following the test the vote totals were erased from the
      memory of each tabulating device and a report was produced showing
      that all vote totals in the memory were set at 0000; that the devices
      were securely locked or sealed; and that the serial numbers and
      locations of the devices which were tested are listed below.
               Signed  ...............
                       (name and political party affiliation,
                         if applicable)
                       ...............
                       (name and political party affiliation,
                         if applicable)
                       ...............
                       Voting equipment custodian
                       Dated ............

               Precinct      Location        Serial Number
               .....         ......          ......
               .....         ......          ......
               .....         ......          ......

      

         Section History: Early Form

         [C77, 79, 81, § 52.35] 

         Section History: Recent Form

         86 Acts, ch 1224, § 26; 97 Acts, ch 170, § 63; 98 Acts, ch 1123, §
      9; 2002 Acts, ch 1134, §59, 115; 2007 Acts, ch 190, §10--12