1. (a) (1) No later than July 1 of each odd-numbered calendar year, the Commissioner shall designate the software and version of that software (software) that must be used on the Department’s voting devices during the next statewide general election.

   1. (2) Voting devices must use the software designated under paragraph (a)(1) of this section for elections held on or after September 1 of that calendar year.
   2. (3) Voting devices may use the software installed under paragraph (a)(2) of this section for elections held before September 1 of the next odd-numbered calendar year.

2. (b) In addition to operating each voting device in compliance with the requirements under § 5003 of this title, the software designated under paragraph (a)(1) of this section must meet all of the following criteria:

   1. (1) Actively used in at least 2 other jurisdictions in the United States.

   2. (2) Certified by 1 or more of the following:

      1. a. The Election Assistance Commission.
      2. b. A voting system testing laboratory accredited pursuant to the Help America Vote Act of 2002 [52 U.S.C. § 20901 et seq.]
   3. (3) Approved for use by the manufacturer of the voting devices.

3. (c) If there are multiple versions of software that meet the requirements under subsection (b) of this section, the Commissioner may select the software that the Commissioner determines is best suited to meet the requirements under this title after considering all of the following:

   1. (1) How recently each version was released.
   2. (2) The experiences of other jurisdictions in the United States with the software under this subsection (c).
   3. (3) The recommendations of the voting device manufacturer.
   4. (4) The recommendations of Department employees.
   5. (5) Any other factors that the Commissioner deems relevant.
4. (d) Notwithstanding subsection (a) of this section, at any time, the Commissioner may change the designated software for the Department’s voting devices if necessary to address a material security flaw in the previously designated software.

85 Del. Laws, c. 313, § 2