Part 4.
OFFICE OF THE SECRETARY OF STATE
Chapter 81.
ELECTIONS
Subchapter D. VOTING SYSTEMS CERTIFICATION
1 TAC §81.60, §81.61
The Office of the Secretary of State, Elections Division,
adopts amendments to §81.60 and §81.61, concerning voting system
certification procedures. Section 81.61 is being adopted without changes to
the proposed text published in the November 3, 2000, issue of the
Texas Register
(25 TexReg 10845). Section 81.60 is being adopted with
nonsubstantive changes
The amendment to §81.60 requires applicants for certification or modification
of a voting system in Texas to include a summary report from a Nationally
Recognized Test Laboratory declaring that the item meets the Federal Election
Commission's minimum voting system requirements.
The amendment to §81.61 is proposed to delete the requirement that
the nationally recognized test laboratory (NRTL) at which a voting system
is tested has been approved for testing of voting systems by the National
Association of State Election Directors (NASED).
No comments were received concerning the rules.
The amendments are adopted under the Texas Election Code (the
Code), Chapter 31, Subchapter A, §31.003, which provides the Secretary
of State with authority to promulgate rules to obtain uniformity in the interpretation
and application of the Code, and under the Code, Chapter 122, §122.001(c),
which authorizes the Secretary of State to prescribe additional standards
for voting systems.
The Texas Election Code, Chapter 122, is affected by this proposed amendment.
§81.60.Voting System Certification Procedures.
In addition to the procedures prescribed by the Texas Election Code,
Chapter 1322, compliance with the following procedures is required for certification
of a voting system.
(1)
The entity applying for certification must complete Forms
100 and 101 prescribed by the secretary of state, and deliver them to the
secretary of state no later than 45 days prior to examination.
(2)
The applicant must deliver four copies of all relevant
software and source codes, and six copies of any user and/or reference manuals,
and six copies of the summary report(s) for all examinations conducted by
a Nationally Recognized Test Laboratory (NRTL), declaring that the item meets
the Federal Election Commission's minimum voting system requirements to the
Office of the Secretary of State no later than 45 days prior to the examination.
(3)
The certification fee for a new system is $3,000 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.
(4)
Certification examinations will be scheduled by the secretary
of state three times a year during the months of January, May, and September,
unless extenuating circumstances provide otherwise.
(5)
The time and date of each examination will not be scheduled
until after the entity applying for certification has delivered all forms,
software, source codes, user and/or reference manuals, and fees to the secretary
of state.
(6)
All physical examinations of voting systems will take place
at the Office of Secretary of State, Elections Division, in Austin, unless
extenuating circumstances require otherwise.
(7)
The applicant shall furnish sample ballots at the time
of examination, which will allow the examiners to test the voting system(s)
using all ballot styles permitted under Texas law.
(8)
All examinations must be videotaped by the secretary of
state.
(9)
Each examiner must submit a written report to the secretary
of state stating his or her findings for each voting system no later than
the 45th day after examination.
(10)
An examiner appointed by the secretary of state will be
compensated after he or she files his or her written report.
(11)
The secretary of state must approve or disapprove the
voting system(s) within 30 days of receipt of all the examiners' reports.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on December 20, 2000.
TRD-200008851
Jeffrey H. Eubank
Assistant Secretary of State
Office of the Secretary of State
Effective date: January 9, 2001
Proposal publication date: November 3, 2000
For further information, please call: (512) 463-5701
Chapter 371.
MEDICAID FRAUD AND ABUSE PROGRAM INTEGRITY
Subchapter E. OPERATING AGENCY RESPONSIBILITIES RULE
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION