Ill. Admin. Code tit. 26, § 204.120 - Withdrawal of Approval of Voting Systems
a) If, at any time subsequent to the Board's
approval or interim approval of a voting system, the Board determines that the
approved voting system fails to fulfill the criteria prescribed in Section
204.40,
or the vendor failed to submit or use the proper Computer Code or the Computer
Code has not been used for at least 23 months to tabulate ballots in an
election, the Board shall notify any users or vendors of that particular voting
system that the Board's approval of that system is to be withdrawn. The notice
shall be in writing, shall specify the reasons why approval of the system is
being withdrawn, and shall specify the date on which the withdrawal is to
become effective.
b) Any vendor or
user of a voting system may request, in writing, that the Board reconsider its
decision to withdraw approval of the voting system. Upon receipt of a request,
the Board shall hold a public hearing for the purpose of reconsidering the
decision to withdraw approval and any interested person shall be given an
opportunity to make a presentation either in support of or in opposition to the
Board's decision.
c) The Board
shall, on the basis of the record before it, either affirm or reverse its
decision to withdraw approval. In the alternative, the Board may also order
that the voting system be given further review by the Board's staff in
accordance with this Part and also, if appropriate, order that the voting
system be subject to interim approval as determined by the Board.
Notes
Amended at 29 Ill. Reg. 13734, effective August 25, 2005
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