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Legislative Assembly for the ACT: 2000 Week 11 Hansard (30 November) . . Page.. 3545 ..

[5.5]  New Division 9.2A-

After section 118, insert the following Division:

'Division 9.2A-Electronic voting devices and vote counting programs

'118A  Approval of computer program for electronic voting and vote counting

'(1)   The commissioner may approve a computer program to allow electronic voting and perform steps in the scrutiny of votes in an election.

'(2)   The commissioner may only approve a program if-

(a) the proper use of the program would give the same result in the scrutiny of votes in an election as would be obtained if the scrutiny were conducted without computer assistance; and

(b) the program will allow an elector to show consecutive preferences starting at "1"; and

(c) the program gives an elector an opportunity to correct any mistakes before processing the elector's vote; and

(d) the program will allow an elector to make an informal vote showing no preferences for any candidate; and

(e) the program will not allow a person to find out how a particular elector cast his or her vote; and

(f) the program is designed to pause while the commissioner makes a determination by lot required by Schedule 4; and

(g) the program can produce indicative distributions of preferences at any time after the close of the poll and before the declaration of the poll.

'(3)   The commissioner must determine processes that must be followed in relation to the use of an approved computer program in the scrutiny of votes in an election.

'(4)   Without limiting subsection (3), the commissioner may approve a process-

(a) for entering preferences shown on paper ballots into the approved computer program; and

(b) for counting preferences using the program to work out-

(i) the number of unrejected ballot papers on which a first preference is recorded for each candidate; and

(ii) the number of informal ballot papers for each electorate.

'118B  Security of electronic voting devices and related material

'(1)   The commissioner must take steps to ensure that electronic devices and computer programs used or intended to be used for or in connection with electronic voting are kept secure from interference at all times.

'(2)   The commissioner must keep backup copies of electronic data produced at a polling place or scrutiny centre until whichever of the following happens last:

(a) the beginning of the pre-election period for the next election;

(b) the documents are no longer required by the commissioner, another member of the electoral commission or a member of the staff of the commission for exercising a function under this Act.'.

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