Plain Text Law

Chapter 01. Definitions; General Provisions

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Regulation .01 Definitions.Copy Citation

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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

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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

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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

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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

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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

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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

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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 annotations
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and 9-102(b), Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.07 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R.636); adopted permanently effective April 17, 2000 (27:7 Md. R. 708)
History: Regulation .01B amended as an emergency provision effective July 23, 2008 (35:17 Md. R. 1484); amended permanently effective September 22, 2008 (35:19 Md. R. 1718)
History: Regulation .01 amended effective August 19, 2013 (40:16 Md. R. 1346)
History: Regulation .01B amended effective February 29, 2016 (43:4 Md. R. 335)
History: Regulation .02 amended effective August 19, 2013 (40:16 Md. R. 1346); December 23, 2013 (40:25 Md. R. 2073)
History: Regulation .03 amended effective August 19, 2013 (40:16 Md. R. 1346)
History: Regulation .03A amended effective February 29, 2016 (43:4 Md. R. 335)
History: Regulation .04 amended effective August 19, 2013 (40:16 Md. R. 1346)
History: Regulation .05A amended effective August 19, 2013 (40:16 Md. R. 1346); December 23, 2013 (40:25 Md. R. 2073)
History: Regulation .07B, C amended effective August 19, 2013 (40:16 Md. R. 1346)