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Hawaii Regulations § 3-177-700 Voting system requirements

⤴ Up to Subchapter 15: Voting Systems

Regulation Text

(a) In addition to, and not in lieu of, any other election processes contained in Title 2 of the Hawaii Revised. Statutes, the chief election officer, or the clerk in the case of a county only election, may use a voting system or voting systems that comply with one, or a combination of the following:
(1) The federal voting system standards as printed in the Federal Election Commission publication: Performance and Test Standards for Punchcard, Marksense, and Direct Recording Electronic Voting Systems (1990);
(2) The federal voting system standards as printed in. the Federal Election Commission publication: Voting System Standards, Volumes I & II (April 2002);
(3) The federal voluntary voting system guidelines as printed in the United States Election Assistance Commission publication: 2005 Voluntary Voting System Guidelines Version 1.0, Volumes I & II (2005), and subsequently published in the Federal Register, Vol. 71, No. 70 (April 12, 2006);
(4) The Voluntary Voting System Guidelines 1.1 adopted by the United States Election Assistance Commission on. March 31, 2015;
(5) Any subsequent iteration of the Voluntary Voting System Guidelines adopted by the United States Election Assistance Commission, its designee, or as provided for in the Help America Vote Act of 2002, as amended; or
(6) Any federal guidelines, manuals, forms, policies, or opinions issued by the United States Election Assistance Commission.
(b) To the extent a voting system uses COTS or MOTS and was originally compliant with this rule, the subsequent use of a more current version of the original COTS or MOTS or the use of another brand of COTS or MOTS will not undermine the original finding of compliance and no subsequent certification or compliance process will be required.
(1) "COTS" for purposes of these rules is understood to be the following: "Software, firmware, device or component that is used in the. United States by many different people or organizations for many different applications other than certified voting systems and- that is incorporated into the voting system with no manufacturer or application-specific modification;"
(2) Similarly, for purposes of these rules "Modified COTS (or MOTS - Modified Off-the-Shelf) refers to an off-the-shelf product that is customized by a commercial vendor to respond to specific requirements of the election community;" and
(3) These definitions are from the United States Election Assistance Commission, Considerations for Implementing Voting Systems with COTS Products, Posted March 21, 2017 at https://www.eac.gov/documents/2017/03/21/considerations-for-implementing-voting-systems-with-cots-products/ .

History

[Eff JUL 26 2020] (Auth: HRS § 11-4 ) (Imp: HRS §§ 11-4 , 16-1 , 16-2 , 16-11 , 16-12 , 16-22 , 16-41 , 16-42 , 52 USC § 20961 , 52 USC §20962, 52 USC § 20971 )

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