SECTION 81.64. Notice of Voting System Malfunction Required; Submission of Explanatory Report by Vendor Required Upon Request of Secretary of State

(a) A vendor (or the political subdivision, if no private vendor supports their system) must give notice to the Secretary of State within 24 hours of a malfunction of its voting system software or equipment in an election held in this state. The notice may be verbal or in writing.

(b) Following the notice, the Secretary of State shall determine whether further information on the malfunction is required. At the request of the Secretary of State, a vendor (or the political subdivision, if no private vendor supports their system) must submit a report to the Secretary of State's office detailing the reprogramming (or any other actions) necessary to redress a voting system malfunction in an election held using the vendor's system. The report shall address whether permanent changes are necessary to prevent similar malfunctions in the future.

(c) The report shall be submitted within 30 days after the date of the request by the Secretary of State.

(d) Failure to submit a report within the required period shall be grounds to decertify the system.

(e) The authority holding the election in which the voting system malfunction occurred may submit the report in lieu of a report from the system's vendor.

(f) A copy of this report will be attached to the system's most recent certification on file in the Secretary of State's Office.

(g) The Secretary of State's Office will distribute a copy of this report to all counties using the voting system in question.

Source Note: The provisions of this §81.64 adopted to be effective February 23, 2003, 28 TexReg 1377