52.9  Duties of local authorities -- certificate of test.

The commissioner having jurisdiction of any precinct for which the board of supervisors has adopted voting by machine shall, as soon as practicable thereafter, provide for the precinct polling place one or more voting machines in complete working order, and shall thereafter keep them in repair, and shall have the custody thereof and of the furniture and equipment of the polling place when not in use at an election. The machines shall be used for voting at all elections unless the commissioner directs otherwise pursuant to section 49.26. If it shall be impracticable to supply each and every election precinct for which machine voting has been adopted with a voting machine or voting machines at any election following such adoption, as many may be supplied as it is practicable to procure, and the same may be used in such election precincts as the commissioner may direct.

It shall be the duty of the commissioner or the commissioner's duly authorized agents to examine and test the voting machines to be used at any election, after the machines have been prepared for the election and not less than twelve hours before the opening of the polls on the morning of the election. For any election to fill a partisan office, the county chairperson of each political party referred to in section 49.13 shall be notified in writing of the time said machines shall be examined and tested so that they may be present, or have a representative present. For every election, the commissioner shall include the notice in the notice of the election published as required by section 49.53. Those present for the examination and testing shall sign a certificate which shall read substantially as follows: 

The Undersigned Hereby Certify that, having duly qualified, we were present and witnessed the testing and preparation of the following voting machines; that we believe the same to be in proper condition for use in the election of . . . . . . (date); that each registering counter of the machine is set at 000; that the public counter is set at 000; that the seal numbers and the protective counter numbers are as indicated below.

               Signed:                                                                                                                                    . . . . . . . . .                                                                                                                                                Republican (if applicable)                                                                                                                . . . . . . . . .                                                                                                                                                Democrat (if applicable)                                                                                                                  . . . . . . . . .                                                                                                                                        . . . . . . . . .                                                                                                                                        Voting machine custodian                                                                                                                   Dated . . . . . . . . .                                                                                                                    Machine        Protective                      Seal                                                                                                   Number        Counter                          Number                                                                                                                   Number                                                                                                                       . . . . . .   . . . . . .                     . . . . . . . . .                                                                                                         . . . . . .   . . . . . .                     . . . . . . . . .                                                                                                         . . . . . .   . . . . . .                     . . . . . . . . .                                                                                                         . . . . . .   . . . . . .                     . . . . . . . . . 

On those voting machines presently equipped with an after-election latch and on all machines placed in use after January 1, 1961, in this state, the after-election latch shall be fully used by the election officials.

Section History: Early form

  [S13, § 1137-a13; C24, 27, 31, 35, 39, § 912; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 52.9]

Section History: Recent form

  98 Acts, ch 1123, §7, 8; 2000 Acts, ch 1058, §59, 60


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