111:5-1-01 Standards for voter verified paper audit trail.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Secretary Of State

Agency Name

 

Standards for Voter Verified Paper Audit Trail

H. Delmar Huff

Division                                                                  Contact

180 East Broad Street 16th floor Columbus OH 43215-0000

614-387-0304        614-644-0649

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

111:5-1-01

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Standards for voter verified paper audit trail.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? Yes

Bill Number: HB262               General Assembly: 125           Sponsor: Carmichael

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: 3501.05

5.  Statute(s) the rule, as filed, amplifies or implements: 3501.05, 3501.10, 3501.28, 3506.01, 3506.05, 3506.06, 3506.10, 3509.07, 3513.052, 3517.109, 3517.1010, 3519.16, 3506.17, 3506.18, 3506.19

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

The purpose of this rule is to codify the standards for the voter verified paper audit trail and to be in compliance with HB262.

After meeting with the vendors, we decided to modify the langauge of the rules.

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 sets forth the standards to be used for the Voter Verified Paper Audit Trail. The standards outline the requirements for vendors of voting machines as they relate to the voter verified paper audit trail.

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:

In addition to correcting capitalization errors, the following language was added to 111:5-1-01(B), "Only for the purpose of complying with the accessibility requirements of Ohio Revised Code Section 3506.19, optical scan marking devices determined by the secretary of state to provide the same or substantially similar levels of accessibility, including non-visual accessibility, shall be considered direct recording electronic voting devices."

Correct typos.

111:5-1-01(E)(1)(d)(i)(a) and 111:5-1-01(E)(3)(b)(i) were changed to read, "The headline should be printed in no smaller than twenty-five point font, however, if the vendor cannot print the headline in at least twenty-five point font then they have the option of using a typeface of not less than nine point font and the VVPAT machine must include magnification capability to read the font as if it were thirty point font."

Change language regarding font and typeface.

(D)(1)(d) was modified to allow the DRE to use a wireless connection as long as the wireless connection does not exceed 1 inch.

(D)(2)(a) "prior to casting a ballot" was inserted and "upon completion of selecting the contest choice" was removed. This allows the voter to review their choices prior to casting the ballot.

(E)(1)(a)(i)(b) removed language which required a unique identifier for the VVPAT.

(E)(1)(d)(ii) "On and after the first federal election that occurs after January 1, 2006, unless required sooner by the help america vote act of 2002," was added to the beginning of this paragraph.

(E)(1)(j)The following weas insetrted: Capability: The VVPAT device should draw its power from the DRE or the same electrical circuit the DRE draws its power source from.

(E)(1)(j)(i) additional language was added to allow for the VVPAT to have its own battery but the DRE must become inoperable if the VVPAT does not work.

added "vendor controlled" in front of security keys of section (G)(8)(c)

12.  119.032 Rule Review 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

NA

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

NA

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:

NA

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