The person in charge of the election shall conduct tests of the automatic tabulating equipment as required in SDCL 12-17B-5 and 12-17B-12. The test must be conducted by processing a preaudited group of ballots in a test deck marked to record a predetermined number of valid votes for each candidate and each measure. A tally sheet must be created prior to the machine count to show how the sample of ballots is marked and what the machine vote totals must be to prove an errorless count. If more than one ballot is used in the election, a test deck must be made for each ballot that is unique in any way. For each office and ballot question, the test deck must include:

1. (1) One or more ballots with a vote for each candidate and each side of a ballot question;
2. (2) One or more ballots with votes in excess of the number allowed by law for each office and question; and
3. (3) One or more ballots with an undervote;
4. (4) One or more ballots completely blank to verify that the machine is correctly configured pursuant to SDCL 12-17B-13.1; and

5. (5) One or more ballots that do not have a ballot stamp.

   At least twenty-five test ballots must be included in the total of all test decks. Individual test decks for individual ballots must be of sufficient size to prove the accuracy of the system. If absentee ballots are to be received folded, at least ten percent of the test ballots in any individual test deck must be similarly folded. The person conducting the test of the tabulating equipment shall date and sign the printout, verifying that the results of the machine's printed paper vote totals exactly match the tally sheet from which the sample of ballots was marked. Any test deck, tally sheet, and signed printout must be secured and retained with the official ballots.

   If more than one tabulating machine is to be used in the election, each machine must be fully tested on any ballot which each machine will be used to count in the election.

   In addition to these tests, any test deck may be processed any time before or after completion of the official count.

Source: 8 SDR 81, effective January 10, 1982; 21 SDR 77, effective October 24, 1994; 23 SDR 236, effective July 17, 1997; 29 SDR 113, effective January 30, 2003; 33 SDR 230, effective July 1, 2007 ; 50 SDR 12, effective August 8, 2023 .

General Authority: SDCL 12-17B-17 (3).

Law Implemented: SDCL 12-17B-5 , 12-17B-12 .

Prior versions effective: 2007-07-01.