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

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Secretary of State

Agency Name

 

Elections                                                               Craig Forbes

Division                                                                  Contact

 

180 East Broad St., 16th Floor Columbus OH 43215-0000

614-644-1373

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

111:3-9-06

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Demonstration and approval of equipment; generally.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 3506.05(H)

5.  Statute(s) the rule, as filed, amplifies or implements: 3506.05(B), 3506.05(C), 3506.05(D)

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

The Secretary of State's office is re-ordering its sections of the Ohio Administrative Code in order to provide a more organized and user-friendly structure. In order to accomplish this, existing rules are proposed for rescission and then re-ordered as proposed new rules.

There are no changes to the content of this rule.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

The rule replaces 111:3-2-05. The rule prescribes the demonstration procedures that are to be followed by the board of voting machine examiners when reviewing equipment.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

The rule is being revise-filed to upload a BIA and complete questions stemming from S.B. 2 on the rule summary and fiscal analysis.

12.  Five Year Review (FYR) Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this

rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0

n/a

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

n/a

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

This rule has no cost of compliance.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? Yes

Yes, the rule requires certification by the Board of Voting Machine Examiners in order to submit a voting system for use in Ohio elections.

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

There is a filing fee of $2,400 each vendor must submit to request examination, testing, and approval of voting equipment. Any portion of the fee that is unused by the BVME in reviewing and certifying the equipment is returned to the vendor. The fee is prescribed by R.C. 3506.05(C)(1).

In addition, the vendor might incur travel costs to attend the Ohio Board of Voting Machine Examiners certification meeting.

The rule requires vendors who wish to have their equipment certified for use in Ohio to submit documentation including source codes, system configurations, and standard operations manuals. Certification also requires an oral presentation and a physical demonstration of the equipment#s functions before the Board of Voting Machine Examiners.