Current through Reg. 49, No. 12; March 22, 2024
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.
Attached Graphic
Attached Graphic
Attached Graphic
(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
elections@sos.texas.gov, 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.