In addition to the procedures prescribed by the Texas Election Code, Chapter 1322, compliance with the following procedures is required for certification of a voting system.

1. (1) The entity applying for certification must complete Forms 100 and 101 prescribed by the secretary of state, and deliver them to the secretary of state no later than 45 days prior to examination.
2. (2) The applicant must deliver four copies of all relevant software and source codes, and six copies of any user and/or reference manuals, and six copies of the summary report(s) for all examinations conducted by a Nationally Recognized Test Laboratory (NRTL), declaring that the item meets the Federal Election Commission's minimum voting system requirements to the Office of the Secretary of State no later than 45 days prior to the examination.
3. (3) The certification fee for a new system is $3,000 and must be received by the secretary of state 45 days prior to examination. The certification fee for a modification of a voting system shall be determined by the secretary of state according to the complexity of the modification and must be received by the secretary of state 45 days prior to the examination.
4. (4) Certification examinations will be scheduled by the secretary of state three times a year during the months of January, May, and September, unless extenuating circumstances provide otherwise.
5. (5) The time and date of each examination will not be scheduled until after the entity applying for certification has delivered all forms, software, source codes, user and/or reference manuals, and fees to the secretary of state.
6. (6) All physical examinations of voting systems will take place at the Office of Secretary of State, Elections Division, in Austin, unless extenuating circumstances require otherwise.
7. (7) The applicant shall furnish sample ballots at the time of examination, which will allow the examiners to test the voting system(s) using all ballot styles permitted under Texas law.
8. (8) All examinations must be videotaped by the secretary of state.
9. (9) Each examiner must submit a written report to the secretary of state stating his or her findings for each voting system no later than the 45th day after examination.
10. (10) An examiner appointed by the secretary of state will be compensated after he or she files his or her written report.
11. (11) The secretary of state must approve or disapprove the voting system(s) within 30 days of receipt of all the examiners' reports.

Source Note:The provisions of this §81.60 adopted to be effective October 23, 1992, 17 TexReg 7065; amended to be effective July 27, 1998, 23 TexReg 7549; amended to be effective January 9, 2001, 26 TexReg 89.