Chapter 111:3-2 Examination, Testing and Approval of Equipment

111:3-2-01 Application requirements; generally.

(A) In order to request examination, testing, and approval of equipment, the vendor shall submit the following to the board of voting machine examiners:

(1) All applicable hardware;

(2) All related procedural manuals;

(3) A current description of all related support arrangements for the equipment;

(4) An application fee;

(5) A detailed explanation of the construction and method of operation of the equipment;

(6) A full statement of the advantages of the equipment;

(7) A list of applicable patents and copyrights on the equipment.

R.C. 119.032 review dates: 11/12/2013 and 07/31/2018
Promulgated Under: 119.03
Statutory Authority: 3506.05(H)
Rule Amplifies: 3506.05(C)(1)
Prior Effective Dates: 1/28/95

111:3-2-02 Application fee.

(A) The application fee to be submitted to the board is twenty-four hundred dollars. The fee shall be in the form of a certified check or money order made payable to the treasurer of state. The fee should be delivered to the office of the Ohio secretary of state in care of the individual appointed by the secretary of state to serve on the board of voting machine examiners.

(B) All fees collected shall be deposited into the state treasury to the credit of the "board of voting machine examiners fund" established in division (C)(2) of section 3506.05 of the Revised Code.

(C) All monies deposited into the fund shall be used solely for the following purposes:

(1) Payment for the services and expenses of each member of the board of voting machine examiners;

(2) Payment of expenses incurred in the course of examining, testing, reporting, or certifying of equipment;

(3) Payment for the performance of any related duties as required by the secretary of state;

(4) Reimbursement of persons submitting examination fee.

(D) An additional fee in the amount of actual costs incurred may be imposed to cover the costs of alternative testingor testing by persons other than board members, record keeping, and other extraordinary costs incurred in the examination process.

(E) In the event a fee or any part of it remains unused at the conclusion of the board's examination, it shall be refunded to the person who submitted the application fee.

Effective: 01/24/2014
R.C. 119.032 review dates: 11/08/2013 and 01/12/2019
Promulgated Under: 119.03
Statutory Authority: 3506.05(H)
Rule Amplifies: 3506.05(C)
Prior Effective Dates: 1/28/95

111:3-2-03 Escrow procedures.

(A) Consistent with the guidelines and standards of the U.S. election assistance commission:

Computer software developers must place in escrow with an independent escrow agent a copy of all source code and related documentation, together with periodic updates as they become known or available.

(B) Documentation referred to in paragraph (A)(1) of the Administrative Code shall include a system configuration.

(C) Source code documentation referred to in paragraph (A)(1) of the Administrative Code shall include all relevant program statements in low- or high-level languages.

(D) The independent escrow agent is subject to the approval of the secretary of state and must agree to all requirements of state law.

Effective: 01/24/2014
R.C. 119.032 review dates: 11/08/2013 and 01/12/2019
Promulgated Under: 119.03
Statutory Authority: 3506.05(H)
Rule Amplifies: 3506.05(H)(2)
Prior Effective Dates: 1/28/95

111:3-2-04 Operations manual; submission.

(A) Along with the filing fee, the vendor shall submit six copies of a standard operations manual to the board for review. The manual shall contain the following information:

(1) A detailed description of the operation system;

(2) An explanation of the method of operation of the equipment;

(3) Tested standards of equipment regarding reliability, ranges, and test conditions;

(4) A sample contractual agreement to be used by the board of elections which is purchasing equipment including service terms;

(5) Specifications of safety features to ensure against fraud; and,

(6) Cost factors and compatibility with existing systems.

R.C. 119.032 review dates: 11/12/2013 and 07/31/2018
Promulgated Under: 119.03
Statutory Authority: 3506.05(H)
Rule Amplifies: 3506.05(C)(1)
Prior Effective Dates: 1/28/95

111:3-2-05 Demonstration and approval of equipment; generally.

(A) All equipment and related materials must be submitted to the board of voting machine examiners for examination and testing. Upon receipt of the filing fee and copies of the standard operations manual, the board of voting machine examiners shall call a meeting to receive both an oral presentation and a physical demonstration of the output device. The device and other backup machinery shall be available for inspection.

(B) If a majority of the members vote that the equipment meets the mandatory criteria set forth in rule 111:3-3-1 of the Administrative Code, the board of voting machine examiners shall make a recommendation to the secretary of state to certify such equipment for use.

(C) The board of voting machine examiners shall prepare and file a written report with its recommendations to the secretary of state regarding whether the equipment and related materials can be used safely by voters. The statement should indicate one of the following:

(1) Approval or disapproval of the equipment and related materials;

(2) Conditions under which the equipment is approved;

(3) Temporary approval for experimental use of the equipment;

(a) To be approved for experimental use, a voting machine need not comply with the requirements of paragraphs (C)(1) to (C)(14) of rule 111:3-3-01 of the Administrative Code.

(4) Reasons for which testing requires a longer period of time.

(D) The board of voting machine examiners shall meet to conduct such examination within sixty days after the submission of the equipment and payment of the fee, or as soon thereafter as is reasonably practicable, but in any event shall conduct such examination and file the required report with the secretary of state not more than ninety days after the submission and payment.

R.C. 119.032 review dates: 11/12/2013 and 07/31/2018
Promulgated Under: 119.03
Statutory Authority: 3506.05(H)
Rule Amplifies: 3506.05(B) , 3506.05(C) , 3506.05(D)
Prior Effective Dates: 1/28/95

111:3-2-06 Demonstration procedure.

(A) The demonstration process shall be as follows:

(1) Display and discuss manual.

(2) Demonstrate ballot set up, including provision for:

(a) Rotation among precincts.

(b) Split precincts.

(3) Demonstrate opening of polls.

(4) Demonstrate means of locking out access to set up procedures to any but authorized personnel.

(5) Demonstrate means of locking out access to set up procedures to prevent overvote, or response to an overvote if no lockout exists.

(6) Demonstrate recovery from power failure.

(7) Discuss sensitivity to variations in operating conditions, including:

(a) Temperature.

(b) Humidity.

(c) Dust.

(8) Demonstrate accessibility to disabled voters.

(9) Demonstrate write-in capacity, and protection of voter privacy.

(10) Demonstrate means by which a voter can change vote.

(11) Demonstrate means by which a voter casts a ballot.

(12) Demonstrate how enclosure protects voter privacy.

(13) Demonstrate closing of the polls.

(14) Demonstrate taking the count, based on an actual series of votes cast during the demonstration.

(15) Discuss and demonstrate backup memory features and physical audit trail, if any.

(16) Demonstrate report of results.

(17) Discuss and demonstrate recount procedures.

(18) Demonstrate the question of operation in the following situations:

(a) Overlapping school districts in one precinct,

(b) Primary election with multiple parties and issues only ballots to be counted,

(c) Rotation of names,

(d) Ballot cards inserted backwards, or upside down in votomatics,

(e) Overvotes for an office,

(f) Ballots from multiple precincts intermingled in one precinct,

(g) Discrepancies arising from multiple electronic or mechanical counters,

(h) How an individual vote cannot be traced to the individual voter using an electronic machine with a paper audit trail.

(i) Production of abstracts in standard secretary of state's format.

R.C. 119.032 review dates: 11/12/2013 and 07/31/2018
Promulgated Under: 119.03
Statutory Authority: 3506.05(H)
Rule Amplifies: 3506.05(C)
Prior Effective Dates: 1/28/95