111:3-9-06. Demonstration and approval of equipment; generally

(A) All equipment and related materials must be submitted to the board of voting machine examiners for examination and testing. Upon receipt of the filing fee and copies of the standard operations manual, the board of voting machine examiners shall call a meeting to receive both an oral presentation and a physical demonstration of the output device. The device and other backup machinery shall be available for inspection.

(B) If a majority of the members vote that the equipment meets the mandatory criteria set forth in rule 111:3-3-01 of the Administrative Code, the board of voting machine examiners shall make a recommendation to the secretary of state to certify such equipment for use.

(C) The board of voting machine examiners shall prepare and file a written report with its recommendations to the secretary of state regarding whether the equipment and related materials can be used safely by voters. The statement should indicate one of the following:

(1) Approval or disapproval of the equipment and related materials;

(2) Conditions under which the equipment is approved;

(3) Temporary approval for experimental use of the equipment;

To be approved for experimental use, a voting machine need not comply with the requirements of paragraphs (C)(1) to (C)(14) of rule 111:3-3-01 of the Administrative Code.

(4) Reasons for which testing requires a longer period of time.

(D) The board of voting machine examiners shall meet to conduct such examination within sixty days after the submission of the equipment and payment of the fee, or as soon thereafter as is reasonably practicable, but in any event shall conduct such examination and file the required report with the secretary of state not more than ninety days after the submission and payment.

Replaces: 111:3-2-05

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 3506.05(H)
Rule Amplifies: 3506.05(B), 3506.05(C), 3506.05(D)
Prior Effective Dates: 1/28/95