# COMAR Title 33 — State Board of Elections ## Subtitle 09 — Voting Systems — Certification and General Requirements ### Chapter 07 — Compliance and Decertification **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—.03 and .06—.08 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:** Regulation .02 amended effective August 19, 2013 (40:16 Md. R. 1346) **Administrative History:** Regulation .02A 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) **Administrative History:** Regulation .06 amended effective August 19, 2013 (40:16 Md. R. 1346) **Administrative History:** Regulation .07A, D 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) **Administrative History:** Regulation .08D amended effective August 19, 2013 (40:16 Md. R. 1346) #### Regulation .01 Time Table. *COMAR 33.09.07.01* 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. *COMAR 33.09.07.02* 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. *COMAR 33.09.07.03* 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. *COMAR 33.09.07.04—.05* #### Regulation .06 Periodic Reviews. *COMAR 33.09.07.06* 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. *COMAR 33.09.07.07* 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. *COMAR 33.09.07.08* 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.