Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter D - VOTING SYSTEM CERTIFICATION › Section 81.60 - Voting System Certification Procedures

Current through Reg. 49, No. 28; July 12, 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.
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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.