In addition to the procedures prescribed by the Texas Election Code, Chapter 122, compliance with the following procedures is required for certification of a voting system.

1. (1) The entity applying for certification must deliver seven copies of their completed application forms (Form 100, Form 101, and if applicable, Form 100 Schedule A), user operating and maintenance manuals, training material, nationally accredited voting system test laboratory reports, and a change log detailing changes from any previously certified system or component, to the Secretary of State no later than 45 days prior to examination. Six of the seven copies can be in electronic form. One copy must be in hard-copy format organized in binders with tabs and tables of contents.
   Attached Graphic
   
   Attached Graphic
   
   Attached Graphic
   
2. (2) The applicant must have the nationally accredited voting system test laboratory (VSTL) deliver a copy of all nationally qualified software/firmware and source codes for the system and/or system components requested for Texas certification, directly to the Secretary of State no later than 45 days prior to examination.
3. (3) The applicant must authorize the nationally accredited voting system test laboratory to deliver all the applicable executable and installation files to the National Software Reference Library (NSRL) within 30 days after receiving federal certification.
4. (4) The certification fee for a new election management system, tabulation device, electronic ballot marker, and other complex component of a system is $3,000 each 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.

5. (5) Each application shall include authorizations for release of information along with the application for certification in the form of the following set of letters:

   1. (A) a blanket letter addressed to the Secretary of State authorizing the release of information about the system being tested from any local, state or federal official or from any VSTL that has tested their system, upon request;
   2. (B) a copy of a specific letter sent to the VSTL and to the federal Elections Assistance Commission (EAC) or equivalent federal commission or agency which authorizes the organizations to release information about the system being tested to the Texas Secretary of State upon the Secretary of State's request; and
   3. (C) a list, by state, of users of their voting systems, especially those similar or identical to the system being submitted and copies of letters sent to each user which authorizes them to release any information requested to the Secretary of State.
6. (6) Certification examinations will be scheduled by the Secretary of State three times a year during the months of January, May, and August, unless extenuating circumstances provide otherwise.
7. (7) The time and date of each examination will not be scheduled until after the entity applying for certification has delivered all required documentation and fees to the Secretary of State.
8. (8) All physical examinations of voting systems will take place at the Office of the Secretary of State, Elections Division, in Austin, unless extenuating circumstances provide otherwise.
9. (9) The applicant must demonstrate an installation and configuration of the software/firmware on each system and system component using the Secretary of State's copy of the software/firmware received from the nationally accredited voting system test laboratory.
10. (10) The applicant shall furnish a sufficient number of sample ballots, designed from the templates provided by the Secretary of State, at least one week prior to the examination.
11. (11) Examiner's must submit a written report to the Secretary of State stating his or her findings for each voting system no later than the 30th day after examination. Examiner reports shall be posted on the Secretary of State's website.
12. (12) An examiner appointed by the Secretary of State will be compensated after he or she files his or her written report.
13. (13) The Secretary of State must approve or disapprove the voting system(s) within 30 days of the required public hearing, unless there are extenuating circumstances.

Source Note:The provisions of this §81.60 adopted to be effective January 8, 2007, 32 TexReg 41; amended to be effective March 5, 2012, 37 TexReg 1483.