(a) Any person or organization owning, manufacturing, or selling, or
being interested in the manufacture or sale of, any direct
electronic recording voting system may request the Secretary of
State to examine the system. Any ten or more electors of this state
may, at any time, request the Secretary of State to reexamine any
such system previously examined and approved by him or her. Before
any such examination or reexamination, the person, persons, or
organization requesting such examination or reexamination shall pay
to the Secretary of State the reasonable expenses of such
examination. The Secretary of State may, at any time, in his or her
discretion, reexamine any such system. (b) The Secretary of State shall thereupon examine or reexamine such
direct electronic recording voting system and shall make and file in
his or her office a report, attested by his or her signature and the
seal of his or her office, stating whether, in his or her opinion,
the kind of system so examined can be safely and accurately used by
electors at primaries and elections as provided in this chapter. If
this report states that the system can be so used, the system shall
be deemed approved; and systems of its kind may be adopted for use
at primaries and elections as provided in this chapter. (c) No kind of direct electronic recording voting system not so
approved shall be used at any primary or election and if, upon the
reexamination of any such system previously approved, it shall
appear that the system so reexamined can no longer be safely or
accurately used by electors at primaries or elections as provided in
this chapter because of any problem concerning its ability to
accurately record or tabulate votes, the approval of the same shall
immediately be revoked by the Secretary of State; and no such system
shall thereafter be purchased for use or be used in this state. (d) At least ten days prior to any primary or election, including
special primaries, special elections, and referendum elections, the
election superintendent shall verify and certify in writing to the
Secretary of State that all voting will occur on equipment certified
by the Secretary of State. (e) Any vendor who completes a sale of a direct electronic voting
system that has not been certified by the Secretary of State to a
governmental body in this state shall be subject to a penalty of
$100,000.00, payable to the State of Georgia, plus reimbursement of
all costs and expenses incurred by the governmental body in
connection with the sale. The State Election Board shall have
authority to impose such penalty upon a finding that such a sale has
occurred. (f) When a direct electronic recording voting system has been so
approved, no improvement or change that does not impair its
accuracy, efficiency, or capacity shall render necessary a
reexamination or reapproval of such system, or of its kind. (g) Neither the Secretary of State, nor any custodian, nor the
governing authority of any county or municipality or a member of
such authority nor any other person involved in the examination
process shall have any pecuniary interest in any direct electronic
recording voting system or in the manufacture or sale thereof. |