Electronic voting machines, on which voters shall enter their vote, and from which Voter Verified Paper Ballots shall be printed for verification of accuracy by voters before casting, shall be permitted for use in Guam elections, provided:

(a) that the electronic voting machines used in Guam elections are warranted to be accurate by the manufacturer prior to each election wherein the electronic voting machines are to be used;

(b) that precinct officials have been properly trained in the operation, basic maintenance, and replacement of supplies in electronic voting machines;

(c) that precinct officials have been properly trained in procedures, which shall be established by the Commission:

(1) to inform voters about the proper use of the electronic voting machines;

(2) to verify that a voter’s ballot has been printed correctly based on each voter’s choices;

(3) to properly handle spoiled ballots associated with the machines; and

(4) to place correctly printed ballots in ballot boxes;

(d) that each electronic voting machine not be networked to the internet, or to any other voting machine or computer through either wired or wireless connections;

(e) that tallies from individual electronic voting machines be recorded by hand, entered into a log, and signed by the precinct board. Such tallies shall be either included with the ballots in the ballot boxes

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CH. 7 BALLOTS

to be delivered to the Election Return Center, or if tabulated on-site, be placed with the counted ballots when delivered to storage;

(f) that the on-site services of a manufacturer-authorized technician or technicians be available in Guam prior to and during each election, and until the polls have officially closed, to ensure the proper set-up and operation of the electronic voting machines; and

(g) that no electronic voting machine that prints paper ballots and also counts votes shall be procured or utilized by the Commission in any election.

SOURCE: Added by P.L. 29-033:2 (Oct. 25, 2007) as 3 Guam Code Ann. § 7103.1. Repealed and reenacted by P.L. 31-068:2 (May 24, 2011). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

2012 NOTE: This section was originally codified from GC § 2252, entitled “”Method of Tabulating Ballots.”” Repealed and reenacted as 3 Guam Code Ann. §§ 2107 (b) and (c) by P.L.
31-255:2 (Dec. 11, 2012).