Texas Register, Volume 25, Number 44, Pages 10833-11184, November 3, 2000 Page: 10,845
10833-11184 p. ; 28 cm.View a full description of this periodical.
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TITLE 1. ADMINISTRATION
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, proposes
amendments to 81.60 and 81.61, concerning voting system
certification procedures.
Section 81.60 is amended to delete the requirement that voting
systems be certified by the National Association of State Election
Directors in order to be certified. The amendment is proposed to
retain the requirement that applicants for certification or modifi-
cation of a voting system in Texas include a summary report from
a Nationally Recognized Test Laboratory (NRTL), declaring that
the system meets the Federal Election Commission's minimum
voting system requirements.
Section 81.61 is amended to delete the requirement that the
NRTL at which a voting system is tested has been approved for
testing of voting systems by the NASED.
Comments on the proposal may be submitted to Ann McGeehan,
Director of Elections, Office of the Secretary of State, P.O. Box
12060, Austin, Texas, 78711-2060.
The amendments are proposed under the Code, Chapter 31,
Subchapter A, 31.003, which provides the Secretary of State
with authority to promulgate rules to obtain uniformity in the in-
terpretation 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 Elections Code, Chapter 122, is affected by the pro-
posed amendments.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) (No change.)
(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 NRTL [and c ti ied by the NASED- if applicable]
declaring that the item meets the Federal Election Commission's mini-
mum voting system requirements to the Office of the Secretary of State
no later than 45 days prior to the examination.
(3)-(11) (No change.)
81.61. Condition for Approval of Electronic Voting Systems.
For any voting machine, voting device, voting tabulation device and
any software used for each, including the programs and procedures for
vote tabulation and testing, or any modification to any of the above, to
be certified for use in Texas elections, the system shall have been cer-
tified, if applicable, by means of qualification testing by a Nationally
Recognized Test Laboratory (NRTL) and shall meet or exceed the min-
imum requirements set forth in the Performance and Test Standards for
Punch Card, Mark Sense, and Direct Recording Electronic Voting Sys-
tems, or in any successor voluntary standard document developed and
promulgated by the Federal Election Commission. [The NRTL must
have been approved for testing ofvo ng systems by the NASED.] This
section applies only to systems and modifications to previously certi-
fied systems submitted after the effective date of this rule.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State, on October 19,
2000.
TRD-200007396PROPOSED RULES November 3, 2000 25 TexReg 10845
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Texas. Secretary of State. Texas Register, Volume 25, Number 44, Pages 10833-11184, November 3, 2000, periodical, November 3, 2000; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113968/m1/14/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.