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

Rule 111:3-2-01 | Definitions.

• Effective: February 16, 2026
• Promulgated Under: 119.03

(A) "Oversight" is a form of corrective action, initiated and administered by the secretary of state's office, to which a board of elections may be subject as a result of a significant condition that exists at the board of elections.

(B) A "significant condition" is a violation or the inadequate administration of the requirements of federal and/or state law or a policy, procedure, or instruction issued by the secretary of state pertaining to the administration of elections or other duties of a board of elections.

(C) "Administrative support" is early, proactive assistance focused on guidance, monitoring, formal check-ins and light corrective support to help address concerns before they escalate.

(D) "Administrative intervention" is increased administrative involvement with structured monitoring, formal check-ins, and accountability measures to ensure progress toward remediation goals.

(E) "Administrative oversight" is the highest level of remediation involving direct administrative action, mandatory compliance steps, formal check-ins, and close supervision to address persistent or significant issues.

Last updated February 17, 2026 at 7:55 AM

Supplemental Information

Authorized By: 3501.05
Amplifies: 3501.05
Five Year Review Date: 3/15/2027
Prior Effective Dates: 10/2/2014

Rule 111:3-2-02 | Placing a board of elections under official oversight.

• Effective: February 16, 2026
• Promulgated Under: 119.03

The secretary of state, the assistant secretary of state, or the secretary's designee may notify a board of elections of the level, terms and period of oversight and instructions and recommendations for corrective action or improvement in the board's administration of elections.

Last updated February 17, 2026 at 7:55 AM

Supplemental Information

Authorized By: 3501.05
Amplifies: 3501.05
Five Year Review Date: 3/15/2027
Prior Effective Dates: 10/2/2014

Rule 111:3-2-03 | Period of oversight.

• Effective: February 16, 2026
• Promulgated Under: 119.03

The period of oversight shall be determined by the secretary of state, assistant secretary of state, or secretary's designee. A board of elections shall remain on oversight until all of the following occur:

(A) It corrects or resolves the significant condition(s) resulting in being placed on oversight;

(B) It successfully completes and certifies an election, and successfully handles any issues or problems that arise during that election cycle; and

(C) The secretary of state, assistant secretary of state, or secretary's designee determines that there is no longer a need for oversight.

Last updated February 17, 2026 at 7:57 AM

Supplemental Information

Authorized By: 3501.05
Amplifies: 3501.05
Five Year Review Date: 3/15/2027
Prior Effective Dates: 10/2/2014

Rule 111:3-2-04 | Terms of oversight.

• Effective: February 16, 2026
• Promulgated Under: 119.03

The secretary of state, assistant secretary of state, or the secretary's designee shall determine the terms of oversight based on the nature of any significant condition discovered. The terms of oversight may range from requiring the director, deputy director, two board members of opposite political parties, and other relevant board of elections staff to participate in regularly scheduled conference calls or in-person meetings with secretary of state's personnel, to implementing regular, on-site supervision by the secretary of state's office of the day-to-day activities of the board of elections or other terms as deemed necessary or appropriate based on the nature of any significant condition discovered. In the event that a board of elections has insufficient board members or employees to administer elections, the secretary of state, assistant secretary of state, or the secretary's designee may appoint designees to ensure continued operation of the board of elections until the board can operate independently. The secretary of state, assistant secretary of state, or the secretary's designee may increase or decrease the level of oversight based upon the board's performance while on oversight.

Last updated February 17, 2026 at 7:56 AM

Supplemental Information

Authorized By: 3501.05
Amplifies: 3501.05
Five Year Review Date: 3/15/2027
Prior Effective Dates: 1/25/2016

Rule 111:3-2-05 | Transition from oversight.

• Effective: February 16, 2026
• Promulgated Under: 119.03

(A) If the secretary of state or assistant secretary of state is satisfied that the significant condition(s) that warranted oversight has been resolved, and no other significant conditions exist, the board of elections shall be notified that it is no longer subject to oversight.

(B) If the secretary of state or assistant secretary of state determines that the significant condition(s) that warranted oversight has not been resolved, or that another significant condition exists, the secretary of state, the assistant secretary of state or the secretary's designee may notify the board of elections of the terms and period of continued oversight, if the board is to remain on oversight, and may escalate the level of oversight.

Last updated February 17, 2026 at 7:56 AM

Supplemental Information

Authorized By: 3501.05
Amplifies: 3501.05
Five Year Review Date: 3/15/2027
Prior Effective Dates: 3/28/2022