Emergency Sections 
 An agency may adopt a new or amended section or repeal an existing section on 
an emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the Texas Register, or on a stated date less than 
20 days after filing, for no more than 120 days. The emergency action is 
renewable once for no more than 60 days. 
 Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of bold text. [Brackets] indicate deletion of 
existing material within a section. 
 
   
  TITLE 1. ADMINISTRATION 
 Part IV. Office of the Secretary of State 
  Chapter 81. Elections 
  
  Voting Systems 
 
  1 TAC sec.81.60 
 
  The Office of the Secretary of State adopts on an emergency basis new 
sec.81.60, concerning a directive to facilitate the certification of voting 
systems. The directive provides for procedures relating to the examination of 
voting systems. The Texas Election Code is silent concerning some of the 
specific procedures necessary to conduct a certification examination of voting 
systems. 
 The amendment is adopted on an emergency basis because voting system 
certification is in progress, and current election law does not adequately or 
clearly establish specific procedures necessary to conduct a certification 
examination. 
 The secretary of state is required to obtain and maintain uniformity in the 
application, operation, and interpretation of the Election Code and of the 
election laws outside the Election Code (Texas Election Code Annotated sec.31. 
003 (Vernon 1986)). To perform this duty, the secretary is required to prepare 
detailed and comprehensive written directives and instructions relating to and 
based on the Election Code and the election laws outside the Election Code. 
<nl>Id.<ol> This directive is adopted to facilitate the certification of voting 
systems. 
 The new section is adopted on an emergency basis under the Texas Election Code, 
sec.31.003, which provides the secretary of state with authority to obtain and 
maintain uniformity in the application, operation, and interpretation of 
election laws, and prepare detailed and comprehensive written directives and 
instructions relating to election laws. 
 
 
  sec.81.60. Voting System Certification Procedures. 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) 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 vendor must deliver four copies of all relevant software and source 
codes and six codes of any user and/or reference manuals to the Office of the 
Secretary of State no later than 45 days prior to the examination. 
   
  (3) The certification fee is determined by the secretary of state according to 
the complexity of the voting system and the time required to conduct the 
examination, and must be received by the secretary of state 45 days prior to 
examination. 
   
  (4) Certification examinations will be scheduled by the secretary of state 
three times a year during the months of January, May, and September. 
   
  (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 system will take place at the Office 
of the Secretary of State, Elections Division, in Austin, unless extenuating 
circumstances required otherwise. 
   
  (7) If the entity applying for certification desires that the examiners sign 
confidentiality statements, the entity must submit its own confidentiality 
statements to the secretary of state. 
   
  (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' report. 
 Issued in Austin, Texas, on July 20, 1992. 
 TRD-9209929 
  Audrey Selden 
 Assistant Secretary of State 
 Office of the Secretary of State 
    Effective date: July 20, 1992 
 Expiration date: November 17, 1992 
 For further information, please call: (512) 463-5650