Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter D - VOTING SYSTEM CERTIFICATION › Section 81.65 - Procedure for Administrative Certification of Minor Modifications to Previously-Certified Voting Systems

Current through Reg. 49, No. 28; July 12, 2024
(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
				  elections@sos.state.tx.us 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.