1 TAC §81.62
The Office of the Secretary of State, Elections Division,
proposes an amendment to §81.62, concerning the use of audit logs in
automatic tabulation equipment.
Ann McGeehan, Director of Elections, has determined that for the first
five-year period the amended rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
amended rule.
Ms. McGeehan also has determined that for the first five-year period the
amended rule is in effect the public benefits expected as a result of adoption
of the amended rule will be to reflect changes in technology that have provided
multiple levels of tabulation which make it difficult to comply with the printer
requirement but also provide redundant electronic audit trails which provide
records from which the system may be audited. There will be no effect on small
businesses or micro-businesses.
Comments on the proposal may be submitted to the Office of the Secretary
of State, Ann McGeehan, Director of Elections, P.O. Box 12060, Austin, Texas
78711.
The amendment is proposed under the Texas Election Code, §31.003,
which provides the Office of the Secretary of State with the authority to
obtain and maintain uniformity in the application, interpretation, and operation
of provisions under the Texas Election Code and other election laws.
Statutory Authority: Election Code, Chapter 31, Subchapter A, §31.003
Election Code §122.001 is affected by this rule.
§81.62.Use of Audit Logs in Automatic Tabulation Equipment.
(a)
For any voting tabulation device, or any modification to
a voting tabulation device, to be certified for use in Texas elections, the
device shall include a continuous feed printer dedicated to a real-time audit
log. All significant election events and their date and time stamps shall
be printed to the audit log.
(b)
The definition of "significant election events" in subsection
(a) of this
section
[
rule
] includes but is not limited
to:
(1)
error messages and operator response to those messages;
(2)
number of ballots read for a given precinct;
(3)
completion of reading ballots for a given precinct;
(4)
identity of the input ports used for modem transfers from
precincts;
(5)
users logging in and out from election system;
(6)
precincts being zeroed;
(7)
reports being generated; and
(8)
diagnostics of any type being run.
(c)
The audit log for an election shall be retained by the
custodian of election records for the appropriate preservation period.
(d)
An alternative to the real-time printed
audit log requirement may be approved by the Secretary of State for use on
a precinct level voting system if the Secretary determines that the alternative
produces at a minimum a sufficient record of items in subsection (b)(1) -
(8) of this section and any administrative functions performed prior to opening
the polls, the opening and closing of the polls, all ballot images, and any
administrative functions performed after the closing of the polls. The alternative
audit must be capable of being printed and a printed copy must be made available
upon request.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 7, 2003.
TRD-200300043
David N. Roberts
General Counsel
Office of the Secretary of State
Earliest possible date of adoption: February 16, 2003
For further information, please call: (512) 463-5562