Chapter 111:3-5 Withdrawal of Certification
(A) The following shall serve as grounds upon which the secretary of state may withdraw the certification of equipment:
(1) A board of elections notifies the board or secretary of state of a significant problem with the equipment;
(2) The board of voting machine examiners or secretary of state determines that the equipment fails to meet the requirements necessary for approval or continued compliance;
(3) The board of voting machine examiners determines there are significant enhancements or adjustments to the hardware or software;
(4) The vendor fails to notify the secretary of state of significant enhancements or adjustments to the hardware and software;
(5) The vendor fails to submit the equipment for re-examination upon written request by the board of voting machine examiners.
(A) At any time after the certification of equipment, the secretary of state may withdraw such certification if grounds are established under the following procedures:
(1) Written notice is given to the users and vendor of the grounds for possible withdrawal. Such notice shall include the following;
(a) The reason(s) for possible withdrawal of certification;
(b) The date upon which the certification may be withdrawn.
(2) The vendor has thirty days to respond to the notice of grounds for withdrawing certification. The vendor's response shall contain one or more of the following:
(a) A description of corrective measures taken;
(b) An explanation as to why enhancements of adjustments are not significant;
(c) An explanation as to why there are no problems with the equipment.
(3) No later than fifteen days after receiving the vendor's response, the board of voting machine examiners may determine by a majority vote whether:
(a) The vendor's corrective measures are satisfactory;
(b) The explanations offered are satisfactory;
(c) Withdrawal of the certification is required.
(4) The board of voting machine examiners shall notify the vendor of it's determination, in the case of withdrawal of certification, the effective date as determined by the board. Such notice shall include the basis for the board's determination.
(A) No later than thirty days after receiving the secretary of state's determination regarding the withdrawal of certification, the vendor may request a reconsideration hearing. A vendor who has failed to respond to the secretary of state's notice of possible withdrawal of certification will be deemed to have waived the right to have the board of voting machine examiners's determination reconsidered.
(B) Upon a timely request for a reconsideration hearing, the board shall schedule a hearing to consider testimony and/or documentation in support of or in opposition to the board of voting machine examiner's recommendation to withdraw certification.
(C) Notice of the reconsideration hearing will be given to the vendor ten days prior to the reconsideration hearing.
(D) Any interested party as determined by the board of voting machine examiners may present testimony or documentation at the reconsideration hearing.