SECTION 81.60. Voting System Certification Procedures

In addition to the procedures prescribed by the Texas Election Code, Chapter 122, compliance with the following procedures is required for certification of a voting system.

(1) Application for Certification.

(2) The entity applying for certification must deliver seven copies of their completed application forms (Form 100, Form 101, and if applicable, Form 100 Schedule A), user operating and maintenance manuals, training material, nationally accredited voting system test laboratory reports, and a change log detailing changes from any previously certified system or component, to the Secretary of State no later than 45 days prior to examination. At least, six of the seven copies must be in electronic form.

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(3) The applicant must have the nationally accredited voting system test laboratory (VSTL) deliver a copy of all nationally qualified software/firmware and source codes for the system and/or system components requested for Texas certification, directly to the Secretary of State no later than 45 days prior to examination.

(4) The applicant must authorize the nationally accredited voting system test laboratory to deliver all the applicable executable and installation files to the National Software Reference Library (NSRL) within 30 days after receiving federal certification.

(5) The certification fee for a new election management system, tabulation device, electronic ballot marker, and other complex component of a system is $3,000 each and must be received by the Secretary of State 45 days prior to examination. The certification fee for a modification of a voting system shall be determined by the Secretary of State according to the complexity of the modification, and must be received by the Secretary of State 45 days prior to the examination.

(6) Each application shall include authorizations for release of information along with the application for certification in the form of the following set of letters:

(A) a blanket letter addressed to the Secretary of State authorizing the release of information about the system being tested from any local, state or federal official or from any VSTL that has tested their system, upon request;

(B) a copy of a specific letter sent to the VSTL and to the federal Elections Assistance Commission (EAC) or equivalent federal commission or agency which authorizes the organizations to release information about the system being tested to the Texas Secretary of State upon the Secretary of State's request; and

(C) a list, by state, of users of their voting systems, especially those similar or identical to the system being submitted and copies of letters sent to each user which authorizes them to release any information requested to the Secretary of State.

(7) Examination Dates and Location.

(A) Certification examinations will be scheduled by the Secretary of State three times a year during the months of January, June, and September, unless extenuating circumstances provide otherwise.

(B) The time and date of each examination will not be scheduled until after the entity applying for certification has delivered all required documentation and fees to the Secretary of State.

(C) All physical examinations of voting systems will take place at the Office of the Secretary of State, Elections Division, in Austin, unless extenuating circumstances provide otherwise.

(8) Procedures.

(A) The applicant must demonstrate that the voting system meets the applicable standards outlined in the Texas Election Code and the Texas Administrative Code.

(B) The applicant must demonstrate an installation and configuration of the software/firmware on each system and system component using the Secretary of State's copy of the software/firmware received from the nationally accredited voting system test laboratory.

(C) The applicant shall furnish a sufficient number of sample ballots, designed from the templates provided by the Secretary of State, at least two weeks prior to the examination for use during the certification process.

(D) At the completion of the in-person examination period, if the Secretary of State determines that additional information is needed for the examiners to complete their examination report, the Secretary of State may:

(i) Request additional written information from the applicant; or

(ii) Request additional demonstrations of the voting system or voting system equipment submitted for examination.

(9) Voting System Examiners.

(A) Examiners must submit a written report to the Secretary of State stating his or her findings for each voting system no later than the 30th day after examination, unless written notice provided by the Secretary of State in accordance with subparagraph (C) of this paragraph provides an extended deadline.

(B) Examiner reports shall be posted on the Secretary of State's website before the public hearing held in accordance with paragraph (10) of this section.

(C) If the Secretary of State determines that due to extenuating circumstances, the examiners need more than 30 days to complete their examiner reports, the Secretary of State will provide written notice of the extended deadline to the examiners and the vendor.

(D) The Secretary of State must also post notice of the extended deadline on the Secretary of State's website from the date the extension is issued until the examiner reports are posted on the Secretary of State's website.

(E) An examiner appointed by the Secretary of State will be compensated after he or she files his or her written report.

(10) Public Hearing.

(A) A public hearing shall be held no later than 60 days from the date the examiners submit a written report to the Secretary of State.

(B) The notice for the public hearing shall be posted in accordance with Chapter 551, Government Code.

(C) Those wishing to participate in the public hearing will be required to sign in with a representative of the Secretary of State.

(D) Each person desiring to speak will be allotted 5 minutes to make their public comments.

(E) Each person desiring to provide comments in writing shall provide those written comments to the Secretary of State's representative.

(11) Written Comment Period.

(A) The Secretary of State shall accept written public comments on the voting system for a period of 10 days after the date of the public hearing.

(B) Comments shall be accepted by email at [e-mail], or by regular mail at: Elections Division, Secretary of State, P.O. Box 12060, Austin, Texas 78711-2060.

(12) The Secretary of State must approve or disapprove the voting system(s) within 30 days of the required public hearing, unless there are extenuating circumstances. If the Secretary of State determines that due to extenuating circumstances, the Secretary of State needs more than 30 days, the Secretary of State will provide written notice of the extended deadline to the examiners and the vendor.

Source Note: The provisions of this §81.60 adopted to be effective January 8, 2007, 32 TexReg 41; amended to be effective March 5, 2012, 37 TexReg 1483; amended to be effective May 25, 2015, 40 TexReg 2745