Wyo. Code R. 002-0005-12
Effective Date: 03/21/2008 to 07/08/2008
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 002.0005.12.03212008
Rules for Certification
The Secretary of State, pursuant to W.S. 22-2-121, is authorized to promulgate such rules as are necessary to maintain uniform voting and vote counting procedures and orderly voting and to comply with the requirements of the Help America Vote Act of 2002 (HAVA), Public Law 107-252.
These rules are promulgated to establish procedures for certification of electronic voting equipment.
These rules apply to all electronic voting equipment used in Wyoming for federal or state elections.
(a) Before any equipment or software is sold or upgraded, the vendor shall certify in writing to the Wyoming Secretary of State that the equipment or software:
(i) Meets the Voting Systems Performance and Test Standards, as adopted by the National Association of State Election Directors (NASED) April 30, 2002. The report of an accredited independent testing authority, together with the NASED or the Election Assistance Commission (EAC) certification number, certifying that the system is in compliance with the standards shall be submitted with the application for examination; and
(ii) Has been tested and certified under standards separately adopted and implemented in at least two states for use in federal elections in those states.
(b) The vendor shall provide the following documentation of the certification and testing in (a) above:
(i) Verified statement that the equipment or software meets federal law;
(ii) Verified statement that the equipment or software meets state law;
(iii) Verified statements from various other states certifying that the equipment has been tested and certified under standards adopted by those states for certification of election equipment.
(c) Upon written request by the secretary of state, the vendor shall submit the report from an accredited independent testing authority certifying that the system is in compliance with the voting systems standards, as required by (a)(i) above. This report is a third party document and shall not be released by the secretary of state, but will be deemed confidential.
(d) Vendors shall also provide the following as part of the certification process:
(i) All related manuals, including, but not limited to, technical manuals for repair and maintenance for the equipment or software, operations manuals for election officials, printer manuals for ballot production, and all other written documents prepared by the vendor that describe the operation, use, and maintenance of the equipment and software;
(ii) A current description of all related support arrangements for the equipment or software to be provided in Wyoming;
(iii) A list of applicable patents and copyrights on the equipment or software;
(iv) A history of the equipment, including a complete description of the equipment or software, the date the equipment or software went into production, and a complete list of jurisdictions which have used the equipment or software;
(v) A list of any written complaints or concerns made to the vendor by other jurisdictions including a description of the resolution of the complaints or concerns; and
(vi) An escrow account containing the source codes for the system and/or system components requested for certification.
(a) The secretary of state may deny or withdraw the certification of equipment or software for the following reasons:
(i) A county clerk notifies the secretary of state of a significant problem with the equipment or software or the secretary of state determines there is a significant problem with the equipment;
(ii) The secretary of state determines that the equipment fails to meet the requirements necessary for approval or continued compliance;
(iii) The secretary of state determines there is a need for significant enhancements or adjustments to the equipment hardware or software;
(iv) The vendor fails to notify the secretary of state of significant enhancements or adjustments which are necessary to the equipment or software;
(v) The vendor fails to submit the equipment for re-examination by ITA or EAC upon written request by the secretary of state;
(vi) The equipment does not produce accurate results and reports as required by law;
(vii) Changes are made in the equipment that do not comply with the requirements for certification; or
(viii) The equipment is no longer used by any county in Wyoming or is no longer available for purchase or repair from the company.
(a) At any time after the certification of equipment, the secretary of state may withdraw such certification by complying with the following procedures:
(i) Written notice of the grounds for possible withdrawal is given to the vendor. Such notice shall include the following information:
(A) The reason(s) for possible withdrawal of certification; and (B) The date upon which certification may be withdrawn.
(ii) The vendor shall have thirty (30) days to respond to the notice of grounds for withdrawal of certification. The vendor’s response shall contain one or more of the following:
(A) A description of the corrective measures taken;
(B) An explanation as to why the problem is not significant and the reason corrective measures do not need to be taken; or
(C) An explanation as to why there is no problem with the equipment.
(iii) After receiving the vendor’s response, the secretary of state shall determine whether:
(A) The vendor’s corrective measures are satisfactory;
(B) The explanations offered are satisfactory;
(C) Further explanation is necessary; or
(D) Withdrawal of certification is required.
(iv) The secretary of state shall notify the vendor and counties of its decision in writing within five (5) business days after it makes its determination.
(b) If the secretary of state determines that use of the equipment or software in question could jeopardize an election, the secretary of state may enter an emergency order immediately rescinding certification.
The vendor shall notify the secretary of state in writing of all planned upgrades, patches, and modifications to the equipment. No upgrades, patches, or modifications shall be applied without written approval by the secretary of state.