West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-10 - Loan and Grant Programs Under the Help America Vote Act (HAVA) for the Purchase of Voting Equipment, Election Systems, Software, Services and Upgrades › Section 153-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For the
				purposes of this rule:
2.1.1. "Approved"
				means authorization granted by die State Election Commission or the
				EAC.
2.1.2. "Clerk" means the Clerk
				of die County Commission or other official charged with die administration of
				elections.
2.1.3. "Election
				Assistance Commission" or "EAC" means die federal agency created by HAVA to
				provide programs for voting assistance to state and local
				governments.
2.1.4 "Election
				system" means any mechanical device, hardware, software, or combination thereof
				designed to work or operate in conjunction with 4., secure, maintain, or
				improve any part of the voting process or systems, including but not limited to
				accessible electronic voting systems and e-pollbooks.
2.1.5. "Electronic pollbook" or "e-pollbook"
				means an approved electronic device containing voter registration information
				for die purpose of facilitating voting at the precinct.
2.1.6. "Electronic voting system" means one
				or more approved accessible integrated devices that utilize an electronic
				component for the following functions: ballot presentation, vote capture, vote
				recording, or vote tabulation.
2.1.7. The "Tund" means the County Assistance
				Voting Equipment Fund bearing the designation "1615" by the State.
2.1.8. "Grant" means a sum of money
				authorized for disbursement by the State Election Commission to a county sub
				grantee from the Fund to improve the administration of elections for Federal
				office, including to enhance election technology and make election security
				improvements, such as electronic voting system upgrades, cybersecurity
				enhancements, physical security upgrades, and e-pollbooks.
2.1.9. "HAVA" means the Help America Vote
				Act,
				52
				U.S.c. §
											20901,
et
				seq.
2.1.10. "HAVA Grant
				Board" means a body authorized by W. Va. Code §
										3-1-48
				for the purpose of making recommendations to the State Election Commission to
				issue grants to West Virginia counties from the Fund consistent with this Rule.
				The HAVA Grant Board shall be comprised of members appointed by the Secretary
				from the following agencies and organizations:
2.1.10.a. The Director of the Elections
				Division of the Secretary of State's office who shall act as Chairperson of the
				Board;
2.1.10.b. A representative
				from a disability rights organization;
2.1.10.c. Two Clerks of opposite political
				parties from the West Virginia Association of County Clerks; and
2.1.10.d. A representative from the
				Governor's office.
2.1.11. "Loan" means a sum of money borrowed
				by a county from the Fund that is expected to be paid back to the
				State.
2.1.12. "Nonpayment of the
				loan installments" means a nonpayment of two consecutive monthly payments or
				nonpayment of an annual payment when over thirty days have passed beyond the
				scheduled payment date.
2.1.13.
				"Physical security" means equipment and techniques employed to securely
				administer a federal election, such as to protect hardware, software, networks
				and data from physical actions, tampering, and events that could cause loss or
				damage to election systems due to burglary, theft, vandalism, terrorism, fire,
				flood, or natural disaster. The term also includes the addition of necessary
				and reasonable resources and staff to protect the integrity of a federal
				election, such as unanticipated increases in election materials and supplies,
				cleaning or sanitization supplies, temporary staff, and other items or
				expenditures permitted by federal law.
2.1.14. "Program" means the county loan and
				grant programs created to facilitate the improvement of the administration of
				elections for federal offices, including programs to enhance election
				technology and make election security improvements, such as electronic voting
				system upgrades, cybersecurity enhancements, physical security upgrades, and
				e-pollbooks.
2.1.15. "Secretary"
				means the West Virginia Secretary of State.