Under Subchapter C, Chapter 12 of the Texas Election Code (“Code”) any voting system or voting system equipment that has been modified in design after receiving approval from the Secretary of State must be approved by the Secretary for use in an election. Rule 81.75 of the Texas Administrative Code outlines the procedures that a vendor must follow to secure an administrative certification of a minor modification to their voting system.
The request must be submitted in writing to the Secretary of State along with a statement from an independent testing authority (ITA) approving the proposed modification or that the proposed minor modification does not warrant examination by the ITA.
The Secretary of State will forward the request and accompanying materials to selected voting system examiners for review. Upon receiving a written response from the examiners, the Secretary of State will determine whether the minor modification may be certified without examination or whether the proposed minor modification warrants further examination. The Secretary of State will notify the vendor in writing or by e-mail of such determination.
Current Requests for Administrative Certification of a Minor Modification
Pursuant to Rule 81.65 of the Texas Administrative Code, the SOS shall accept written public comments on application for administrative certifications. Comments shall be accepted by email or by regular mail at Elections Division, Secretary of State, P.O Box 12030, Austin, Texas 78711-2060.