Section 17-9-31Breaking seal of voting machine.
It shall be unlawful and constitute a misdemeanor for members of the county executive committee of any political party holding a primary election, or for any board of canvass, to break the seal of a voting machine for any purpose other than the following:
(1) For obtaining the results of an election when the election officials have failed to make a return, but only after the fact of failure to make a return has been certified to the circuit court having jurisdiction in that county and an order to break the seals to obtain the results of an election has been issued by that court;
(2) For the hearing of a contest conducted in accordance with law;
(3) For the purpose of a grand jury investigation, upon the order of a court having jurisdiction in the county in which the machines are used.
In the event that the seal of a machine is broken to obtain the results of an election, the chairman of the county executive committee of the political party holding the election, or the members of the board of canvass, and at least two other witnesses, shall sign a record of the action of breaking the seal, which record must show the date and time of opening the machine and the number of the seal broken. When the results have been obtained, the persons opening the machine shall reseal the machine with a metal seal, and shall make a record of the resealing of the machine, which record must show the number of the seal used to reseal the machine. The persons opening the machine, and at least two other witnesses, shall sign the record of the action of resealing the machine. When it becomes necessary to break the seal of a machine in order to obtain the results of an election, the persons breaking the seal shall report to the next grand jury sitting in that county the failure of the election officials to return the results of the election.
(Acts 1953, No. 865, p. 1164.)
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