# COMAR Title 33 — State Board of Elections

## Subtitle 09 — Voting Systems — Certification and General Requirements

### Chapter 04 — State Board Certification — Evaluation and Decision

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), and 9-102(b), Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.06 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)

**Administrative History:** Chapter revised effective August 19, 2013 (40:16 Md. R. 1346)

#### Regulation .01 Agent's Evaluation Proposal.

*COMAR 33.09.04.01*

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.

*COMAR 33.09.04.02*

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.

*COMAR 33.09.04.03*

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.

*COMAR 33.09.04.04*

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.

*COMAR 33.09.04.05*

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.

*COMAR 33.09.04.06*

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.

*COMAR 33.09.04.07*

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.