(1)Notwithstanding any provision of law
to the contrary, upon filing of a complaint, the secretary of state shall investigate
the complaint and may review or inspect the electronic or electromechanical voting
system of a political subdivision at any time, including election day, to determine
whether the system complies with the applicable requirements of this part 6 or
deviates from a certified system.
(2)A voting system provider or a designated election official using an
electronic or electromechanical voting system shall give notice to the secretary of
state within twenty-four hours of a malfunction of its system in preparation for or
during an election. The notice may be verbal or in writing. For purposes of this
section, malfunction means a deviation from a correct value in
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(1) Notwithstanding any provision of law
to the contrary, upon filing of a complaint, the secretary of state shall investigate
the complaint and may review or inspect the electronic or electromechanical voting
system of a political subdivision at any time, including election day, to determine
whether the system complies with the applicable requirements of this part 6 or
deviates from a certified system.
(2) A voting system provider or a designated election official using an
electronic or electromechanical voting system shall give notice to the secretary of
state within twenty-four hours of a malfunction of its system in preparation for or
during an election. The notice may be verbal or in writing. For purposes of this
section, malfunction means a deviation from a correct value in a voting system.
(3) Upon receipt of the notice sent pursuant to subsection (2) of this section,
the secretary of state shall determine whether further information on the
malfunction is required. At the written or verbal request of the secretary of state,
the voting system provider or designated election official shall submit a report to
the secretary of state's office describing the reprogramming or other actions
necessary to correct the malfunction of the electronic or electromechanical voting
system. The report shall indicate whether permanent changes are necessary to
prevent similar malfunctions in the future. The report shall be submitted within
thirty days after the date of the request by the secretary of state. Failure to submit
the report within the required period shall be grounds to decertify the system. A
copy of the report shall be attached to the most recent certification of the system
on file in the secretary of state's office. The secretary of state shall distribute a
copy of the report to all political subdivisions that use the system.
(4) If the secretary of state determines after inspecting an electronic or
electromechanical voting system or reviewing the report submitted pursuant to
subsection (3) of this section that the system does not comply with applicable
standards or deviates from a certified system, the secretary shall by written order:
(a) Specify actions to remedy the defect in the electronic or
electromechanical voting system and direct the designated election official or
voting system provider, as appropriate, to perform such actions;
(b) Prohibit the use of the electronic or electromechanical voting system or
any part of the system by a political subdivision that adopted the system for use in
an election until the actions to remedy the defect are performed and approved by
the secretary of state;
(c) Limit the use of the electronic or electromechanical voting system or any
part of the system to circumstances or conditions stated in the order; or
(d) Decertify the electronic or electromechanical voting system.
(5) Upon decertification of an electronic or electromechanical voting system,
the secretary of state shall notify all political subdivisions that use the system and
the providers of the system that the certification of the system for use and sale in
this state is withdrawn. The notice shall be in writing and shall indicate the reasons
for the decertification of the system and the effective date of the decertification.
(6) Within thirty days after receiving notice from the secretary of state of the
decertification of an electronic or electromechanical voting system, a political
subdivision or provider of a voting system that is decertified may request in writing
that the secretary of state reconsider its decision to decertify the electronic or
electromechanical voting system. Upon receipt of the request, the secretary of
state shall hold a public hearing to reconsider the decision to decertify the system.
Any interested party may submit testimony or documentation in support of or in
opposition to the decision to decertify the system. Following the hearing, the
secretary of state may affirm or reverse the decision.
(7) The secretary of state shall amend or rescind an order issued under this
section if the secretary of state determines that the electronic or
electromechanical voting system has been modified to comply with applicable
standards or no longer deviates from the certified system.