16-445. Filing of computer election programs with secretary of state

1. For any state, county, school district, special district, city or town election, including primary elections, utilizing vote tabulating devices as provided in this article, there shall be filed with the secretary of state at least two weeks before the date of the election a copy of each computer program for each election.

2. A copy of any subsequent revision of the computer program shall be filed in the same manner within forty-eight hours following the revision.

3. Any tape or disc used in the programming or operation of a vote tabulating device upon which votes are counted and any tape used in compiling vote totals shall be kept under lock and seal, and if there is a retally of votes, the officer entrusted with the tapes or discs shall submit his affidavit stating that they are the tapes or discs, or both, used in the election and have not been altered.

4. All materials submitted to the secretary of state shall be used by the secretary of state or attorney general to preclude fraud or any unlawful act under the laws of this title and title 19 and shall not be disclosed or used for any other purpose.

5. Each program tape or disc or any other material submitted to the secretary of state shall be returned to the county, city or town within six months after the close of the election for which it was submitted except:
   1. When a court ordered recount is pending.

   2. When a restraining order is in effect.

   3. When any other legal action is pending.

WARNING - The above text was curent June 2003, but may be outdated now.