SECTION 81.65. Procedure for Administrative Certification of Minor Modifications to Previously-Certified Voting Systems

(a) A voting system vendor who wishes to request administrative certification of minor modifications to a previously certified voting system shall submit the request to the Secretary of State in writing. The request also may be submitted by e-mail. The submission must contain sufficient information to identify the changes to the system's most recently certified version. The submission must contain either a statement from an independent testing authority (ITA) approving the proposed minor modifications or that the proposed minor modifications do not warrant examination by the ITA. The Secretary of State shall retain sole discretion in making the determination if the proposed minor modification qualifies for the administrative certification process described herein.

(b) In the event that the Secretary of State deems the proposed minor modification qualifies for the administrative certification process described herein, the Secretary of State shall forward a copy of the submitted materials to its employee voting systems examiner and one of the non-employee voting systems examiners, requesting an opinion on whether the proposed minor modifications warrant additional examination. The response from the two examiners must be in writing.

(c) Upon receipt of the two voting system examiners' responses, the Secretary of State shall make a prompt determination of whether or not to certify the proposed minor modifications without further examination. If the Secretary of State determines the proposed minor modifications may be certified without further examination, a letter to that effect shall be forwarded to the vendor. If the Secretary of State determines that the proposed minor modifications warrant further examination, the vendor shall be notified in writing or by e-mail.

(d) The Secretary of State shall forward a copy of the vendor's original request and the Secretary of State's final determination with respect to the vendor's request for administrative certification pursuant to the terms of this rule to the remaining voting systems examiners.

(e) A copy of the vendor's request for administrative certification shall be posted on the agency website immediately upon receipt. The Secretary of State shall accept written public comment on applications for administrative certification submitted in accordance with this rule. Comments shall be accepted by e-mail at [e-mail] or by regular mail at: Elections Division, Secretary of State, P.O. Box 12060, Austin, Texas 78711-2060.

(f) Copies of the examiners' reports related administrative certification shall be posted on the agency's website immediately upon receipt.

(g) A copy of the Secretary of State's final determination with respect to the vendor's request for administrative certification shall be posted on the agency's website within 5 business days after it is signed.

Source Note: The provisions of this §81.65 adopted to be effective September 29, 2005, 30 TexReg 6039