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

Rule 111:3-2-01 | Definitions.

• Effective: March 28, 2022
• 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) "Transitional oversight" is a form of oversight, initiated and administered by the secretary of state's office, to prevent errors in elections administration that could be, for example, a result of changes in the composition of a board of elections' members or employees.

Last updated March 28, 2022 at 12:28 PM

Supplemental Information

Authorized By: 3501.05(DD)
Amplifies: 3501.05(DD)
Five Year Review Date: 3/15/2027
Prior Effective Dates: 10/2/2014, 1/25/2016

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

• Effective: March 28, 2022
• 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 terms and period of oversight and instructions or recommendations for corrective action or improvement in the board's administration of elections.

Last updated March 28, 2022 at 12:28 PM

Supplemental Information

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

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

• Effective: March 28, 2022
• 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 both of the following occur:

(A) It corrects or resolves the significant condition(s), and

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

Last updated March 28, 2022 at 12:28 PM

Supplemental Information

Authorized By: 3501.05(DD)
Amplifies: 3501.05(DD)
Five Year Review Date: 3/15/2027

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

• Effective: March 28, 2022
• 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.

Last updated March 28, 2022 at 12:28 PM

Supplemental Information

Authorized By: 3501.05(DD)
Amplifies: 3501.05(DD)
Five Year Review Date: 3/15/2027

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

• Effective: March 28, 2022
• 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.

Last updated March 28, 2022 at 12:28 PM

Supplemental Information

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