R 168.775 Preparation of tabulators.

Rule 5. (1) The clerk or an authorized assistant shall prepare each tabulator pursuant to the provisions of the act and these rules. (2) A tabulator must be labeled with the precinct number in which it is to be used if more than 1 tabulator is in the polling place, early voting site, or absent voter ballot counting facility. (3) A tabulator must be programmed to notify the voter if the voter submits a blank ballot, a ballot containing overvotes, or a partisan primary ballot that is invalid due to crossover voting, as tested by the preliminary test and public logic and accuracy test. The tabulator must provide the voter with the following options: (a) The voter may acknowledge that no vote will be awarded if a ballot is blank or in a contest that contains an overvote or crossover vote and submit the ballot to the tabulator. (b) The voter may remove the ballot from the tabulator, spoil the ballot, and receive a replacement ballot from the election inspectors. If the ballot is blank, the voter may remove the ballot from the tabulator, vote the ballot, and resubmit the ballot to the tabulator. (4) A tabulator must be tested to determine if it is operating properly, as described in these rules. (5) A tabulator must be sealed at all times the tabulator is being used for voting or is being stored. (6) The identifying number of the tabulator and the seal number used to seal the tabulator must be recorded on the certificate in the physical pollbook for the precinct in which the tabulator is to be used. The clerk or an authorized assistant who sealed the tabulator shall sign the certificate. (7) When a tabulator has been prepared for the election, the election commission, the clerk, or an authorized assistant shall execute a certificate in writing, which must be filed with the election commission of the jurisdiction in which they are authorized to act. The certificate must contain the precinct number, the identifying number of the tabulator, and state that the tabulator has been properly prepared and tested. If the certificate is signed by an individual other than the election commission, the election commission or its authorized assistant shall be offered an opportunity to inspect the tabulators to determine whether they are properly prepared. In an election when state and county officers or measures are to be voted for, a duplicate certificate must be filed with the county clerk.