1.    The secretary of state may adopt rules according to subsection 3 of section 16.1-01-01 for certifying and decertifying voting systems authorized in section 16.1-06-11, including any software, hardware, and firmware components used as a part of a voting system device for use and procurement in the state. The rules may:

Terms Used In North Dakota Code 16.1-06-26

  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Voting system: means the system and devices authorized under this chapter which may employ a ballot marking device with use of a touchscreen or other data entry device to record and count votes in an election. See North Dakota Code 16.1-06-12

a.    Establish criteria and standards with which all voting systems must comply.

b.    Describe the procedures for voting systems, any single device of a voting system, and any update and enhancement made to them, to be certified and decertified for procurement and use in the state.

c.    Define what constitutes a vote on each voting system which has been certified for procurement in the state.

d.    Describe the procedures for the secretary of state to follow when defining what constitutes a vote on any new voting system, any single device of a voting system, and any update and enhancement made to them.

2.    A voting system, a single device of a voting system, and an update and enhancement made to them, in use by a county before August 1, 2003, must be reviewed by the secretary of state according to rules adopted under this section by April 1, 2004, and must meet the requirements of the rules, or must be replaced by another voting system, a single device of a voting system, and an update and enhancement made to them, meeting the requirements of the rules by January 1, 2006.