Definitions

PURPOSE: This rule provides definitions of terms in addition to those found in Chapter 115, RSMo for the conduct of elections. (1) Election authority shall mean the county clerk or board of election commissioners. The election authority shall be the chief custodian of the electronic voting system and its components and shall be responsible for the proper maintenance and all necessary preparation for elections. The election authority is authorized to appoint as many custodians as deemed necessary and is permitted by law. (2) Electronic voting system is a system of casting votes by use of marking devices, and counting votes by use of automatic tabulating or electronic data processing equipment and includes computerized voting systems. (3) Automatic tabulating equipment shall mean a system consisting of a mechanical or electronic ballot reader, or both, an electronic central processing unit and visually readable tabulated results of the voters’ markings on the ballot. Integral to the system is a capacity to determine the number of ballots processed and the votes cast on each candidate and each ballot question by precinct, jurisdiction total, and any other needed total such as ward or township. Absentee totals shall be determinable. (4) Program shall mean the prepared election computer program or the section of the computer program that contains the information for the particular election being tabulated. Additionally, the term shall extend to all programs in the system including but not limited to system software, utilities software, and compilers, which may be used during the operation of the application software which tabulates the ballots. The program may be stored on electronic, optical, or paper storage media that utilizes air-gapped tabulating or data-processing equipment. (5) Ballot is a ballot which is voted by making a mark which can be tabulated by automatic tabulating equipment. All types of automatic or electronic system ballots shall be known as ballots regardless of size or stock thickness. (6) Ballot label is the paper, booklet, page, or other material containing the names of all offices, candidates, and questions to be voted on. (7) Systems which use a single unit for the ballot and the ballot label shall conform to the rules for both. (8) Accessible voting station is a voting station equipped for individuals with disabilities. (9) Audio ballot is a ballot in which a set of offices and issues is presented to the voter in audible, rather than visual form. (10) Audit trail is recorded information that allows election officials to review the activities that occurred on the voting equipment to verify or reconstruct the steps followed without compromising the ballot or voter secrecy. (11) Ballot marking device is any approved device which will enable the votes cast on paper ballots to be counted by automatic tabulating equipment. (12) Ballot style is the particular set of contests and issues to appear on the ballot for a particular election district, their order, the list of ballot positions for each contest or issue, and the binding of candidate names and issues to ballot positions. (13) Cast vote record is the permanent record of all votes cast by a single voter whether in electronic, paper, or other form. (14) Election management system is a set of processing functions and databases within a voting system that define, develop, and maintain election databases, perform election definition and setup functions, format ballots, count votes, consolidate and report results, and maintain audit trails. (15) Electronically assisted ballot marking device is a device that provides assistance to voters who are visually impaired or who have difficulty correctly marking by hand a preprinted paper ballot that is to be counted in optical scan systems. The device marks, or assists the voter to mark, selected choices on a previously inserted, preprinted paper ballot. The device then provides audio, tactile, or visual feedback to the voter with regard to the choices the voter has made on the ballot. The completed ballots are later tabulated on the same unit that processes other paper ballots and provides a paper audit trail. (16) Logic and accuracy testing is the testing of the tabulator setups of a new election definition to ensure that the content correctly reflects the election being held (i.e., contests, candidates, number to be elected, ballot styles, etc.) and that all voting positions can be voted for the maximum number of eligible candidates and that results are accurately tabulated and reported. (17) Paper cast vote record is a paper record of all votes cast by a single voter that can be directly verified by the voter. It is the record that is created from the voter verifiable audit record after the selections are verified and the vote is cast by the voter. (18) Precinct count voting system is a voting system that tabulates ballots at the polling place. These systems typically tabulate ballots as they are cast and are capable of printing the results after the close of polling. AUTHORITY: section 115.225, RSMo Supp. 2023.* Original rule filed March 31, 1972, effective April 14, 1972. Emergency rescission filed Oct. 5, 1982, effective Nov. 2, 1982. Emergency rule filed Oct. 5, 1982, effective Nov. 2, 1982, expired Feb. 2, 1983. Rescinded and readopted: Filed Oct. 5, 1982, effective Feb. 11, 1983. Amended: Filed Dec. 15, 1986, effective Feb. 28, 1987. Emergency amendment filed June 21, 2006, effective July 1, 2006, expired Feb. 22, 2007. Amended: Filed June 21, 2006, effective Dec. 30, 2006. Amended: Filed Nov. 29, 2023, effective June 30, 2024. *Original authority: 115.225, RSMo 1977, amended 1993, 1995, 2002, 2006, 2018, 2022.