Plain Text Law

Title 33 — Subtitle 09. Voting Systems — Certification and General Requirements

Chapter 01. Definitions; General Provisions

Regulation .01 Definitions.Copy Citation

A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Federal Standards” means the Voluntary Voting System Guidelines adopted by the U.S. Election Assistance Commission.
(2)
“Independent testing laboratory” means a laboratory accredited by the U.S. Election Assistance Commission.
(3)
“Qualification testing” means testing to determine a system’s compliance with the Voluntary Voting System Guidelines.
(4)
Voting System.
(a)
“Voting system” means all or any component of any system for casting and tabulating ballots or votes.
(b)
“Voting system” includes any model or version of:
(i)
A voting system;
(ii)
A voting machine, voting device, tabulating equipment, vote-counting program, or other equipment, hardware, firmware, or software used by or with a voting system;
(iii)
Election management software or hardware used by or with a voting system; and
(iv)
Any other component of a voting system.

Regulation .02 Scope.Copy Citation

This subtitle establishes the certification process for a voting system to be used for voting in polling places and a voting system for absentee voting as required by Election Law Article, §9-101, Annotated Code of Maryland.

Regulation .03 Overview of Required Process.Copy Citation

Prior to using the voting system selected and certified for voting in polling places and the voting system selected and certified for absentee voting:
A.
The model or version of the voting system, including all parts and components, shall have successfully completed:
(1)
Qualification testing by an independent testing laboratory, as required by Election Law Article, §9-102(d)(2), Annotated Code of Maryland;
(2)
Certification evaluation and testing by the State Board, as specified in COMAR 33.09.03 and 33.09.04; and
(3)
Acceptance testing by the State Board, as specified in COMAR 33.09.05;
B.
The State Board shall have adopted regulations for the use of that model or version, as specified in COMAR 33.09.04;
C.
The State Board and local boards shall have adopted an implementation plan, as specified in COMAR 33.09.06; and
D.
All other requirements of Election Law Article, Annotated Code of Maryland, and this subtitle shall have been met.

Regulation .04 Standards and Considerations.Copy Citation

A.
Standards. The State Board may not certify a voting system unless it meets the standards imposed by Election Law Article, §9-102(d), Annotated Code of Maryland.
B.
Factors To Be Considered. In determining whether a voting system meets the required standards, the State Board shall consider the factors set forth in Election Law Article, §9-102(e), Annotated Code of Maryland.

Regulation .05 Specialists; Evaluation Agent.Copy Citation

A.
Employment of Specialists.
(1)
The State Administrator may contract with one or more specialists to assist the State Board in evaluating a voting system for which certification is sought under this subtitle.
(2)
The specialists may include:
(a)
An election director;
(b)
A lawyer;
(c)
An accountant;
(d)
A specialist in electronic systems;
(e)
A specialist in computer science;
(f)
A specialist in computer security; and
(g)
A specialist in usability and accessibility.
(3)
The State Administrator shall use the nonrefundable application fee under COMAR 33.09.03.02G and funds required by COMAR 33.09.04.02C to fund the compensation and expenses of all specialists employed to evaluate a voting system.
B.
Evaluation Agent.
(1)
On receipt of an application for certification of a voting system, the State Administrator shall designate an evaluation agent to coordinate the evaluation process.
(2)
The individual so designated shall be:
(a)
One of the specialists employed under §A of this regulation; or
(b)
A member of the State Administrator's staff.

Regulation .06 Conflicts of Interest.Copy Citation

A member of the State Board, specialist employed by the Board, evaluation agent, or any other public officer or employee who participates in the examination, certification, or purchase of any voting system may not have any financial interest in any vendor or manufacturer of the system or in any of their suppliers.

Regulation .07 Emergency Waiver of Regulations.Copy Citation

A.
Scope. This regulation applies if:
(1)
An emergency arises, such as the destruction of a voting system by fire, flood, or otherwise; and
(2)
Insufficient time remains before the next election to certify a substitute system in full compliance with this subtitle.
B.
Temporary Waiver Authorized. The State Board may waive one or more of the requirements of this subtitle as required to facilitate the use of a substitute voting system for the ensuing election, subject to such special procedures or requirements the State Board sets to assure that the substitute system will be reliable and accurate.
C.
Limitations.
(1)
A waiver granted under this regulation may not:
(a)
Waive any requirement expressly set by statute; or
(b)
Apply to the use of a substitute system beyond the general election that immediately follows the emergency.
(2)
A substitute system used under this regulation may not again be used unless that system has been fully certified in accordance with all procedures and requirements of this subtitle.

Chapter 02. Minimum System Requirements

Regulation .01 In General.Copy Citation

The requirements of this chapter represent a minimum level of the system capabilities needed to assure reliable and accurate elections.

Regulation .02 Voting Options.Copy Citation

A.
In General. The voting system shall permit each voter to vote in any election:
(1)
For all individuals and offices for which the voter is entitled to vote;
(2)
For as many individuals for an office as the voter is entitled to vote for; and
(3)
For or against any question on which the voter is entitled to vote.
B.
Presidential and Gubernatorial Candidates. The voting system shall permit a voter in a:
(1)
Presidential general election, to vote by one operation for electors for a pair of candidates for president and vice-president of the United States; and
(2)
Gubernatorial election, to vote by one operation for a pair of candidates for governor and lieutenant-governor of Maryland.
C.
Write-In Option (General Elections). The voting system shall:
(1)
Provide a method for write-in voting in general elections; and
(2)
Report the number of votes cast in each contest in write-in voting positions.
D.
Adjustment for Primaries. In a primary election, the voting system shall be capable of adjustment so that a voter is:
(1)
Able to vote for candidates seeking nomination by:
(a)
The party with which the voter is affiliated, or
(b)
A party that otherwise authorizes that voter's participation; and
(2)
Precluded from voting for candidates seeking nomination by any other party.

Regulation .03 Secrecy.Copy Citation

The voting system shall ensure voting in secrecy.

Regulation .04 Counter.Copy Citation

Each voting machine shall be equipped with a public counter that, during any period of voting, will show the total number of voters who have operated the machine during that period of voting.

Regulation .05 Registering and Recording Votes.Copy Citation

A.
In General. The voting system shall correctly register and record votes that have been properly voted.
B.
Over-Voting or Improper Voting. The voting system may not count the votes in a contest that has been over-voted or otherwise improperly voted.
C.
Misplaced Votes. In vote counting, the voting system shall ignore any mark that is not in a voting position:
(1)
For a candidate whose name is on the ballot;
(2)
Designated for write-in voting; or
(3)
For a question printed on the ballot.

Regulation .06 Ballot Totaling and Reporting.Copy Citation

A.
What To Be Reported. The voting system shall total and report:
(1)
The number of ballots voted in an election;
(2)
The number of votes cast for a candidate;
(3)
The number of votes cast for or against a question;
(4)
The number of undervotes in a contest; and
(5)
In a primary election:
(a)
The number of ballots voted in each party's primary, and
(b)
The number of ballots voted in any nonpartisan ballot election.
B.
How To Be Reported. For each of these items, the voting system shall report by:
(1)
Precinct; and
(2)
Groups of precincts (such as districts, wards, and countywide).

Regulation .07 Audit Trail Required.Copy Citation

The voting system shall be capable of providing an audit trail of all ballots cast so that, in a recount, the election can be reconstructed, starting with the individual votes of all eligible voters.

Chapter 03. State Board Certification — Preliminary Submissions

Regulation .01 Prerequisites to Application.Copy Citation

The State Board's evaluation and certification procedures are limited to voting systems:
A.
That are beyond the prototype stage and available for installation and use within the time frame specified by the State Board; and
B.
For which the qualification testing, as required by Election Law Article, §9-102(d)(2), Annotated Code of Maryland:
(1)
Has been successfully completed; or
(2)
Has not been completed, but the voting system vendor has provided:
(a)
Documentation from the U.S. Election Assistance Commission that the voting system has been submitted for qualification testing; and
(b)
A schedule that indicates completion within the time frame specified by the State Board.

Regulation .02 Applications.Copy Citation

A.
In General. The vendor of a voting system may apply to the State Board for evaluation and certification of the system for use in the State.
B.
Identification of System, etc.
(1)
The application shall specify clearly the specific equipment, hardware, firmware, and software for which certification is sought.
(2)
Each model or version of a voting system requires a separate application.
C.
Overview of System. The application shall provide a brief overview description of the voting system. Marketing brochures may be used for this purpose.
D.
Use in Other Jurisdictions. The application shall include a list of all jurisdictions where:
(1)
The exact system for which certification is being sought or a model or version of the system is in use, together with:
(a)
The price that was charged to the jurisdiction for the system, and
(b)
A breakdown of the per unit price and the price of any components;
(2)
The exact system for which certification is being sought or a model or version of the system has been but is no longer in use; and
(3)
A request has been made for approval of the exact system for which certification is being sought or a model or version of the system, together with a statement of whether the request was granted, was denied, was withdrawn, or is pending.
E.
Qualification Certificate. If an independent testing laboratory has completed qualification testing on the voting system, the application shall be accompanied by a:
(1)
Copy of the qualification certificate issued for the voting system; and
(2)
Signed authorization directing the independent testing laboratory that performed the qualification testing to:
(a)
Submit the results of its testing directly to the evaluation agent; and
(b)
Allow the evaluation agent or his or her designee full access to all test records and data.
F.
Certification Testing Transfer. If the voting system has successfully completed certification testing by or for another state, the application shall be accompanied by a:
(1)
Copy of the certification issued for the voting system; and
(2)
Signed authorization directing the agency that performed the certification testing to:
(a)
Submit the results of its testing directly to the evaluation agent, and
(b)
Allow the evaluation agent or his or her designee full access to all test records and data.
G.
Application Fee. The application shall be accompanied by a nonrefundable application fee of $5,000.

Regulation .03 Acknowledgment; Scheduling Start.Copy Citation

On receipt of an application for certification, the State Administrator shall promptly:
A.
Acknowledge the application; and
B.
Notify the applicant and local boards of when the evaluation will begin.

Regulation .04 Notice and Package Submissions.Copy Citation

A.
Notice of Evaluation Agent. When the evaluation is ready to begin, the State Administrator shall notify the applicant of the name, address, and telephone number of the evaluation agent assigned to the application.
B.
Submissions to Agent. The applicant shall submit to the evaluation agent the:
(1)
Technical data package required by Regulation .05 of this chapter;
(2)
Business information package required by Regulation .06 of this chapter; and
(3)
Voting system equipment required by Regulation .08 of this chapter.
C.
Notice of Deficiency.
(1)
The evaluation agent shall review the submissions and notify the applicant of any deficiency.
(2)
The applicant shall correct all deficiencies before the certification process may proceed.
D.
Disposition of Submissions.
(1)
If the application is denied or withdrawn or the system is not selected for use as the Statewide voting system, the technical data, business information packages, and voting system equipment submitted under this chapter shall be returned to the applicant.
(2)
If the application is approved and the voting system certified and selected for use as the Statewide voting system, the technical data, business information packages, and voting system equipment shall be retained by the State Board for as long as the voting system is used in this State.

Regulation .05 Technical Data Package.Copy Citation

A.
Required Information — In General. The technical data package shall contain all documentation previously submitted for the qualification testing of the system, including each of the following:
(1)
Hardware schematic diagrams;
(2)
Hardware theory of operation;
(3)
Customer maintenance documentation;
(4)
Operations manual;
(5)
Software source code (both in the form of a listing and in a machine-readable form on media acceptable to the evaluation agent);
(6)
Software system design;
(7)
Customer documentation;
(8)
Any known and unresolved system problems;
(9)
When available, the report and test results of the independent testing laboratory; and
(10)
Any capability for the system to conduct a risk limiting audit of its tabulated results.
B.
Required Information — License and Warranty. The package also shall include:
(1)
A list of all third-party software required to install or operate the system; and
(2)
The terms of the license agreements for all software identified under §B(1) of this regulation.
C.
Identification of Submissions. Each item in the package shall be clearly identified.

Regulation .06 Business Information Package.Copy Citation

A.
Scope. The information required by this regulation shall be provided separately for:
(1)
The applicant's business; and
(2)
If the applicant is not the manufacturer of the voting system, the manufacturer's business.
B.
Required Information. The business information package shall include:
(1)
History and description of the business, including:
(a)
Year established;
(b)
Products and services offered;
(c)
Areas served;
(d)
Branch offices;
(e)
Subsidiaries;
(f)
Parent companies; and
(g)
Subsidiaries of parent companies;
(2)
Management and staff organization, including:
(a)
Number of full-time employees by category; and
(b)
Number of part-time employees by category;
(3)
The name and address of each:
(a)
Officer of the business;
(b)
Person who is known to have a beneficial interest (as defined in State Finance and Procurement Article, §13-221, Annotated Code of Maryland) in the business or any parent company;
(4)
Financial history of business, including:
(a)
A financial statement for each of the past 3 fiscal years;
(b)
Gross sales in voting products and voting services for the past 3 fiscal years; and
(c)
The percentage those sales represent of all sales of the business and its subsidiaries;
(5)
Location and manufacturing capability of each facility that is or will be used to fabricate and assemble all or any part of the voting system for which certification is being sought;
(6)
Location and servicing capability, including any service limitations, of each facility that is or will be used to serve the voting system for which certification is being sought; and
(7)
The legal and financial relationship among all vendors and manufacturers of the voting system and its various components.
C.
Required Affidavit. The package also shall include the affidavits required by Regulation .07 of this chapter.
D.
Identification of Submissions. Each item in the package shall be clearly identified.

Regulation .07 Anti-Bribery and Anti-Debarment Affidavits.Copy Citation

A.
Definitions.
(1)
In this regulation, the following terms have the meanings indicated.
(2)
Terms Defined.
(a)
“Controlling stockholder” means a stockholder who:
(i)
Owns more than 25 percent of the voting stock of a corporation; or
(ii)
Notwithstanding the number of shares that the stockholder owns, has the power to direct or control the direction of the management or policies of a corporation.
(b)
“Convicted” includes an accepted plea of nolo contendere.
(c)
“Principal” means:
(i)
A sole proprietor;
(ii)
A partner, officer, director, or controlling stockholder; or
(iii)
An employee directly involved in the process of obtaining contracts with public bodies.
(d)
“Public body” means:
(i)
The United States;
(ii)
Any state, territory, or possession of the United States; or
(iii)
Any political subdivision of a state, territory, or possession of the United States.
B.
Scope. An affidavit shall be submitted under this regulation separately for:
(1)
The applicant; and
(2)
If the applicant is not the manufacturer of the voting system, the manufacturer.
C.
Contents. The affidavit shall state whether, to the best of the vendor's/manufacturer's knowledge, the vendor/manufacturer or any principal in the vendor's/manufacturer's business:
(1)
Has been convicted under the laws of any public body of bribery, attempted bribery, or conspiracy to bribe;
(2)
Has been convicted under the laws of any public body of:
(a)
A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract, or
(b)
Fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property;
(3)
Has been convicted under the laws of any public body of a criminal violation of an antitrust statute;
(4)
Has been convicted of a violation of the Racketeer Influenced and Corrupt Organization Act or of the Mail Fraud Act for acts in connection with the submission of bids or proposals for a public or private contract;
(5)
Has been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction under any of the laws or statutes described in §C(1)—(4) of this regulation;
(6)
During the course of an official investigation or other proceeding, has admitted, in writing or under oath, an act or omission that would constitute bribery, attempted bribery, or conspiracy to bribe under the laws of any public body;
(7)
Has been found civilly liable under an antitrust statute of any public body for acts or omissions in connection with the submission of bids or proposals for a public or private contract;
(8)
Has ever been debarred or suspended from doing business with any public body or any agency, instrumentality, or unit of a public body; or
(9)
Is a principal, successor, assignee, subsidiary, or affiliate of any other person who has:
(a)
Been convicted under any of the laws or statutes described in §C(1)—(5) of this regulation,
(b)
Made an admission described in §C(6) of this regulation,
(c)
Been found civilly liable for an act or omission described in §C(7) of this regulation, or
(d)
Been debarred or suspended as described in §C(8) of this regulation.

Regulation .08 Voting System Equipment.Copy Citation

The voting system vendor shall provide all equipment that was submitted for qualification testing and is necessary for the evaluation agent to fully test all system functions. Equipment shall include:
A.
Optical scanners for precinct voting and central count optical scanners for absentee and provisional voting;
B.
Any voting equipment and assistive devices for use by voters with disabilities;
C.
Optical scan ballots for testing under COMAR 33.09.04.01C;
D.
Election management server software;
E.
All third-party software required to operate the system; and
F.
All necessary ancillary equipment.

Chapter 04. State Board Certification — Evaluation and Decision

Regulation .01 Agent's Evaluation Proposal.Copy Citation

A.
Agent to Prepare. The evaluation agent shall:
(1)
Conduct a preliminary analysis of the technical data, business information packages, and equipment; and
(2)
Prepare and submit to the applicant an evaluation proposal.
B.
Contents of Proposal. The proposal shall:
(1)
Identify any components of the voting system that will require supplemental qualification testing by an independent testing laboratory;
(2)
Identify any additional components of the voting system that will require evaluation by the evaluation agent;
(3)
Describe the certification testing and other evaluation activities needed to complete the State's evaluation;
(4)
Estimate the time needed to complete the State's evaluation; and
(5)
Estimate the costs of the State's evaluation.
C.
Certification Testing — In General.
(1)
The proposed certification testing shall comprise, among any other elements the evaluation agent requires, mock-election tests for an actual State:
(a)
Primary election; and
(b)
General election.
(2)
The mock election tests shall be designed to evaluate all operations and procedures.
D.
Certification Testing—Reciprocity. If the voting system has successfully completed certification testing by or for another state, the evaluation agent may accept the results of that test in place of all or any part of the certification testing required by this regulation.

Regulation .02 Authorization to Proceed.Copy Citation

A.
Authorization Required. The State Board is aware of the need for vendors and manufacturers to control costs. Accordingly, evaluation of the system will not proceed until the applicant, having reviewed the evaluation proposal, notifies the State Board to proceed.
B.
Notice by Applicant.
(1)
The applicant shall review the evaluation proposal and notify the State Board of its intent to continue or terminate the evaluation process.
(2)
The notice shall be in writing and sent to the State Administrator, with a copy to the evaluation agent.
C.
Costs of Evaluation.
(1)
If the applicant decides to proceed, the notice shall be accompanied by payment to the State Board of the estimated costs contained in the evaluation proposal.
(2)
The State Board may deposit the funds in an appropriate treasury trust account.
(3)
If the actual costs exceed the amount of the deposit, the applicant shall pay the balance owed to the State Board within 30 days of notice of the deficiency from the State Board.
(4)
If the deposit exceeds the actual costs incurred, the State Board shall refund the excess to the applicant within 30 days after the evaluation process has been completed.

Regulation .03 Evaluation.Copy Citation

A.
Supplemental Qualification Testing. The applicant is responsible for arranging with an independent testing laboratory for any supplemental qualification testing identified in the evaluation proposal.
B.
Certification Testing. After all supplemental qualification tests have been successfully completed, the evaluation agent shall proceed to:
(1)
Conduct the certification testing and other evaluation activities described in the evaluation proposal; and
(2)
Submit a report of the findings to the State Administrator.

Regulation .04 Administrator's Recommendations.Copy Citation

The State Administrator shall refer the evaluation agent's report to the State Board, together with the State Administrator's recommendations.

Regulation .05 Public Demonstration and Comment.Copy Citation

Prior to the State Board’s determination on whether to grant certification under Regulation .06 of this chapter, the State Administrator shall provide a public demonstration of the voting system and solicit comments from the public on the system and its proposed certification.

Regulation .06 Board Decision.Copy Citation

Based on the evaluation agent's report, the State Administrator's recommendations, and any other information in its possession, the State Board shall decide whether the proposed voting system will be certified for use in this State and so notify the vendor.

Regulation .07 System Regulations.Copy Citation

As required by Election Law Article, §9-102(i), Annotated Code of Maryland, the State Board will adopt regulations governing the use of each voting system that it certifies.

Chapter 05. State Board — Acquisition and Acceptance

Regulation .01 Scope.Copy Citation

This chapter applies to each contract for the purchase or lease by the State Board of all or any part of a voting system.

Regulation .02 Certification and Acceptance Contingency.Copy Citation

The contract shall provide that:
A.
The sale or lease is contingent on successful completion of all acceptance testing; and
B.
If the product fails acceptance testing, the State Board may cancel the contract without penalty.

Regulation .03 Governing Law.Copy Citation

The contract shall provide that Maryland law prevails in all matters.

Regulation .04 Source Code Protection.Copy Citation

The contract shall provide that, if the vendor discontinues its support of the system for any reason, the State Board is authorized to use the archival system source codes and other software in any way that the State Board considers necessary or appropriate to support the continued use of the system.

Chapter 06. Implementation and Use

Regulation .01 Implementation Plan Required.Copy Citation

A.
Voting System Implementation Plan.
(1)
The State Administrator shall develop a voting system implementation plan.
(2)
The plan shall include:
(a)
A detailed project schedule;
(b)
All tasks required by the Department of Information Technology for implementation of a major information technology project;
(c)
Documentation and training of election personnel and election judges;
(d)
Detailed instructions for all aspects of the management and maintenance of the system; and
(e)
Security of the system.
B.
Local Implementation and Funding. The local board shall implement and provide the required level of funding for the voting system implementation plan developed by the State Administrator.
C.
Reports.
(1)
The State Administrator shall provide the State Board with reports on the progress of the implementation of the voting system.
(2)
The election director shall:
(a)
When requested by the State Administrator, report in writing to the State Administrator on the conduct of the voting system implementation; and
(b)
Report at each meeting of the local board the status of the voting system implementation.

Regulation .02 Public Education Program.Copy Citation

A.
Plan Development. The State Administrator shall develop a public education program to ensure that the community understands the new system.
B.
Minimum Components; Scope.
(1)
The program shall include:
(a)
Preelection mailing to all households, with both written and graphic instructions on how to use the system; and
(b)
Instructions in each polling place of how to use the system to vote.
(2)
The program shall also be directed at:
(a)
Candidates;
(b)
Campaign groups;
(c)
Schools; and
(d)
News media.
C.
Local Implementation and Funding. The local board shall implement and provide the required funding for the public education plan developed by the State Administrator.
D.
Reports.
(1)
When requested by the State Administrator, the local board shall report in writing to the State Administrator on the conduct of the public education plan.
(2)
The election director shall report to the local board the status of the implementation of the public education plan.

Regulation .03 Equipment Allocation.Copy Citation

A.
For a regularly scheduled primary or general election, the State Administrator, in consultation with the local boards, shall determine the amount of voting equipment assigned to each voting location.
B.
For purposes of determining the amount of voting equipment under §A of this regulation, the State Administrator shall consider:
(1)
The estimated turnout for early voting and absentee voting;
(2)
Historical turnout for each precinct;
(3)
The length of the ballot; and
(4)
Any other factor deemed to impact turnout and the length of the time to vote.
C.
For a special election, the local board may determine the amount of voting equipment to be provided in each polling place. However, each voting location shall contain at least one precinct tabulator and accessible ballot marking device.

Chapter 07. Compliance and Decertification

Regulation .01 Time Table.Copy Citation

A.
Termination for Delay. The State Board reserves the right to terminate the certification process if the applicant at any time fails to proceed in a timely manner. In particular, if 30 days expire between a request by the State Administrator or the evaluation agent for information and the applicant's response, the State Administrator may terminate the certification process and return the technical data package to the applicant.
B.
Other Terminations. The certification process is also terminated if:
(1)
An applicant withdraws its application; or
(2)
The system fails the certification test.
C.
Effect of Termination. When the certification process is terminated under this regulation, the:
(1)
Applicant's application fee is forfeited; and
(2)
Certification process may be reinitiated only by filing a new application under this subtitle.

Regulation .02 Compliance Responsibility.Copy Citation

A.
Vendors.
(1)
A vendor is responsible for ensuring that every voting system and every system component that it supplies for use in this State has been certified by the State Board.
(2)
Before a vendor distributes any change to the hardware, firmware, or software of a certified voting system (including any improvement, upgrade, or patch), the vendor shall submit the proposed change to the State Administrator for review or acceptance. Failure to comply with this requirement may result in the system's decertification.
B.
Local Boards. A local board is responsible for ensuring every voting system and every system component that it uses has been certified by the State Board.

Regulation .03 Validation of Certification.Copy Citation

If any question arises involving the certification of a voting system or a system component being used in this State, the technical data package on file with the State Board and the results of the certification testing shall be used to verify whether the system or component in question is identical to the system or component that was submitted for certification.

Regulation .04—.05 Reserved.Copy Citation

Regulation .06 Periodic Reviews.Copy Citation

The State Administrator shall periodically review the voting system used in this State to assure the:
A.
System's continued ability to perform all functions required by Election Law Article, Annotated Code of Maryland, and this subtitle; and
B.
Local board's continued ability to use the system without relying primarily on vendors.

Regulation .07 Required Decertification.Copy Citation

A.
Notice of Deficiency. If, at any time, the State Administrator determines that a voting system fails to meet one or more of the standards in Election Law Article, §9-102(d)(1)(i)—(iii), Annotated Code of Maryland, the State Administrator shall notify all local boards and all known vendors of that particular system that, unless the deficiency is promptly corrected, the system will be referred to the State Board to have its certification for future sale and use in Maryland rescinded.
B.
Contents of Notice. The notice shall:
(1)
Describe the deficiency; and
(2)
Provide system vendors and local boards using the system a reasonable opportunity to respond and implement steps to correct the deficiency.
C.
Referral, Notice, and Hearing.
(1)
If the deficiency remains uncorrected, the State Administrator shall refer the matter to the State Board.
(2)
On receipt of the referral, the State Board shall schedule a public hearing and provide notice to known interested parties.
(3)
At the hearing, any interested party may submit testimony or documentation in support of or in opposition to the proposed decertification.
D.
Board Decision. If the Board determines that the voting system fails to meet one or more of the standards in Election Law Article, §9-102(d)(1)(i)—(iii), Annotated Code of Maryland, the Board shall decertify the system from all future sale and all future use in this State.

Regulation .08 Permissive Decertification.Copy Citation

A.
Notice of Deficiency. If, at any time, the State Administrator determines that a voting system no longer merits certification, the State Administrator may notify all local boards and all known vendors of that particular system that the system will be referred to the State Board to have its certification for future sale or use in Maryland rescinded.
B.
Contents of Notice. The notice shall:
(1)
Describe the reasons for the proposed decertification; and
(2)
Provide system vendors and local boards using the system a reasonable opportunity to respond and explain why the system should not be decertified.
C.
Referral, Notice, and Hearing.
(1)
If, on consideration of any responses, the State Administrator continues to believe that the system should be decertified, the State Administrator may refer the matter to the State Board.
(2)
On receipt of the referral, the State Board shall schedule a public hearing and provide notice to known interested parties.
(3)
At the hearing, any interested party may submit testimony or documentation in support of or in opposition to the proposed decertification.
D.
Board Decision. If the Board determines that a voting system no longer merits certification, the State Board may decertify the system from all future sale and use in this State.