# COMAR Title 33 — State Board of Elections

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

### Chapter 05 — State Board — Acquisition and Acceptance

**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—.12 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 as an emergency provision effective July 23, 2008 (35:17 Md. R. 1484); revised permanently effective September 22, 2008 (35:19 Md. R. 1718)

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

#### Regulation .01 Scope.

*COMAR 33.09.05.01*

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.

*COMAR 33.09.05.02*

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.

*COMAR 33.09.05.03*

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

#### Regulation .04 Source Code Protection.

*COMAR 33.09.05.04*

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.