1 TAC §81.64
The Office of the Secretary of State, Elections Division,
adopts new §81.64, creating a requirement for vendors of certified voting
systems to submit detailed reports upon the Secretary of State's request explaining
problems that have surfaced with particular systems in the course of conducting
an election and the actions taken by the vendor to resolve the problem. Section §81.64
is adopted without change to the text as proposed in the October 11, 2002,
issue of the
Texas Register
(27 TexReg 9513).
The rule will permit the Secretary of State to create a clearinghouse of
problems that have arisen with particular voting systems. The rule also will
be a means by which the Secretary of State will be informed of issues that
have arisen with systems post-certification. Under current law and administrative
rule, there is no requirement that vendors or the entity holding an election
notify this office of voting system failures.
No comments were received regarding the proposal.
The rule is adopted under the Texas Election 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 Texas Election 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 rule.
Statutory Authority: Election Code, §31.003 and §122.001(c).
Section or Code Affected: Election Code, Chapter 122.
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 February 3, 2003.
TRD-200300819
Geoffrey S. Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: February 23, 2003
Proposal publication date: October 11, 2002
For further information, please call: (512) 463-5562