Thursday, January 20, 2005

Jan 21st G.S. 163.165.7 Act to Centralize Purchasing Authority of Voting Systems

Note: There are two versions of 163-165.7, one is effective until Jan 1 2006, the other one takes effect on Jan 1 2006. Both are listed here.

Note: Will this mean that Gary Bartlett, board member of the shady organization,
"The Election Center" (a non-profit that accepts large donations from voting machine companies) will be picking the next voting machines?

Has Mr. Bartlett done such a good job in his 12 + years so far?

"§ 163-165.7. (Effective until January 1, 2006) Voting systems: powers and duties of State Board of Elections.

(a) Certification of voting systems.The State Board of Elections shall have authority to approve types, makes, and models of voting systems for use in elections and referenda held in this State.

Only voting systems that have been approved certified by the State Board of Elections shall be used to conduct elections under this Chapter, and the approved certified voting systems shall be valid in any election or referendum held in any county or municipality.

The State Board may, upon request of a local board of elections, authorize the use of a voting system not approved for general use.

The use of paper ballots counted by hand is a certified voting system.

The State Board shall certify additional voting systems through the use of a request for proposal process. In consultation with the Office of Information Technology Services, the State Board of Elections shall develop the requests for proposal subject to the provisions of this Chapter and other applicable State laws.

The request for proposal shall comply with all of the following:

(1) Require the vendor to post a bond or letter of credit to cover damages resulting from defects in the voting system and supply copies of the most recent financial statements.

(2) Compliance with all federal requirements for voting systems.

(3) Capacity to accommodate instant runoff voting.

(4) Capacity to include in precinct returns the votes cast by voters outside of the voter's precinct.

(5) For all voting systems utilizing electronic means, accessibility to review all source codes by the State Board of Elections; the Office of Information Technology Services; the state chairs, or one designee of each chair, of the three political parties with the largest numbers of registered voters in the State; and the purchasing county board of elections.

(6) Capacity to provide each voter with a paper record of the ballot the voter cast.

(7) Require the vendor to state a cost for the equipment that would be charged to all counties in North Carolina.

(b) Decertification of voting systems. The State Board may also, upon notice and hearing, disapprove types, makes, and models of voting systems.
Upon disapproving a type, make, or model of voting system, the State Board shall determine the process by which the disapproved system is discontinued in any county.

If a county makes a showing that discontinuance would impose a financial hardship upon it, the county shall be given up to four years from the time of State Board disapproval to replace the system.
A county may appeal a decision by the State Board concerning discontinuance of a voting system to the superior court in that county or to the Superior Court of Wake County.

The county has 30 days from the time of the State Board's decision on discontinuance to make that appeal.

(c) Training and support of voting systems. Subject to the provisions of this Chapter, the State Board of Elections shall provide training and support for the certified voting systems and shall prescribe rules for the adoption, handling, operation, and honest use of certified voting systems, including, but not limited to, including the following:

(1) Procedures for county boards of elections to utilize when recommending the purchase of a Types, makes, and models of certified voting systems approved system for use in this Statethat county.

(2) Form of official ballot labels to be used on voting systems.

(3) Operation and manner of voting on voting systems.

(4) Instruction of precinct officials in the use of voting systems.

(5) Instruction of voters in the use of voting systems.

(6) Assistance to voters using voting systems.

(7) Duties of custodians of voting systems.

(8) Examination of voting systems before and after use in an election.
[APA exemption?]
__________________________________________________


§ 163-165.7. (Effective January 1, 2006) Voting systems: powers and duties of State Board of Elections.

(a) Certification of voting systems.The State Board of Elections shall have authority to approve types, makes, and models of voting systems for use in elections and referenda held in this State.

Only voting systems that have been approved certified by the State Board shall be used to conduct elections under this Chapter, and the approved certified voting systems shall be valid in any election or referendum held in any county or municipality.

The use of paper ballots counted by hand is a certified voting system. The State Board shall certify additional voting systems through the use of a request for proposal process.

The State Board may use guidelines, information, testing reports, certification, decertification, recertification, and any relevant data produced by the Election Assistance Commission, its Standards Board, its Board of Advisors, or the Technical Guidelines Development Committee as established in Title II of the Help America Vote Act of 2002 with regard to any action or investigation the State Board may take concerning a voting system.

The State Board may use, for the purposes of voting system certification, laboratories accredited by the Election Assistance Commission under the provisions of section 231(2) of the Help America Vote Act of 2002.

In consultation with the Office of Information Technology Services, the State Board of Elections shall develop the requests for proposal subject to the provisions of this Chapter and other applicable State laws.

The request for proposal shall comply with all of the following:
(1) The vendor must post a bond or letter of credit to cover damages resulting from defects in the voting system.
(2) Compliance with all federal requirements for voting systems.
(3) Capacity to accommodate instant runoff voting.
(4) Capacity to include in precinct returns the votes cast by voters outside of the voter's precinct.
(5) For all voting systems utilizing electronic means, accessibility to review all source codes by the State Board of Elections; the Office of Information Technology Services; the state chairs, or one designee of each chair, of the three political parties with the largest numbers of registered voters in the State; and the purchasing county board of elections.
(6) Capacity to provide each voter with a paper record of the ballot the voter cast. That paper record must be such that it can be preserved for later use such as in counting.
(7) Require the vendor to state a cost for the equipment that would be charged to all counties in North Carolina.
The State Board may, upon request of a local board of elections, authorize the use of a voting system not approved for general use.
(b) The State Board may also, upon notice and hearing, disapprove types, makes, and models of voting systems. Upon disapproving a type, make, or model of voting system, the State Board shall determine the process by which the disapproved system is discontinued in any county. If a county makes a showing that discontinuance would impose a financial hardship upon it, the county shall be given up to four years from the time of State Board disapproval to replace the system. A county may appeal a decision by the State Board concerning discontinuance of a voting system to the superior court in that county or to the Superior Court of Wake County. The county has 30 days from the time of the State Board's decision on discontinuance to make that appeal.
(c) Training and support of voting systems. Subject to the provisions of this Chapter, the State Board of Elections shall provide training and support for the certified voting systems and shall prescribe rules for the adoption, handling, operation, and honest use of voting systems, including, but not limited to,including the following:
(1) Procedures for county boards of elections to utilize when recommending the purchase of a Types, makes, and models of certified voting systems approved system for use in this Statethat county.
(2) Form of official ballot labels to be used on voting systems.
(3) Operation and manner of voting on voting systems.
(4) Instruction of precinct officials in the use of voting systems.
(5) Instruction of voters in the use of voting systems.
(6) Assistance to voters using voting systems.
(7) Duties of custodians of voting systems.
(8) Examination of voting systems before and after use in an election.
(9) Compliance with section 301 of the Help America Vote Act of 2002."
[APA exemption?]


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