(1) Any voting machine or vote tally system involving the use of computers, a computer network, computer program, computer software or computer system shall be subject to audit by the Secretary of State at any time for the purpose of checking the accuracy of the voting machine or vote tally system.

Terms Used In Oregon Statutes 246.565

  • County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 246.012
  • Vote tally system: means one or more pieces of equipment necessary to examine and tally automatically the marked ballots. See Oregon Statutes 246.012
  • Voting machine: means any device that will record every vote cast on candidates and measures and that will either internally or externally total all votes cast on that device. See Oregon Statutes 246.012

(2) The county clerk shall obtain a copy of the written instructions for the operation and maintenance of any component of a vote tally system described in subsection (1) of this section. The clerk shall obtain the copy from the manufacturer or vendor of any component and shall retain the copy.

(3) The county clerk shall keep a log of all maintenance performed on any component of a vote tally system after the component is purchased and installed. The county clerk shall distinguish maintenance performed during the period that occurs after the preparatory test conducted under ORS § 254.235 (1) and before the public certification test conducted under ORS § 254.525.

(4) As used in this section:

(a) ‘Computer’ means, but is not limited to, an electronic device that performs logical, arithmetic or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network.

(b) ‘Computer network’ means, but is not limited to, the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals or a complex consisting of two or more interconnected computers.

(c) ‘Computer program’ means, but is not limited to, a series of instructions or statements, in a form acceptable to a computer, that permits the functioning of a computer system in a manner designed to provide appropriate products from the computer system.

(d) ‘Computer software’ means, but is not limited to, computer programs, procedures and associated documentation concerned with the operation of a computer system.

(e) ‘Computer system’ means, but is not limited to, a set of related, connected or unconnected computer equipment, devices and software. [1989 c.959 § 2; 2001 c.965 § 25; 2007 c.71 § 77]