002-12 Wyo. Code R. §§ 12-2 - Application for Certification of Voting Equipment

(a) The Application for Certification of Voting Equipment form shall be designed and provided by the Wyoming secretary of state.

(b) Before any equipment is sold or upgraded, the vendor shall submit the application for certification of voting equipment to the secretary of state for approval.

(c) The vendor shall certify in writing to the secretary of state that the equipment:

(i) Meets the federal Voluntary Voting System Guidelines (VVSG), to include which version;

(ii) Is in compliance with federal standards and meets federal law;

(iii) Meets state law; and

(iv) Has been certified and implemented in at least two (2) states for use in federal elections in those states.

(d) The vendor shall provide the following supporting documentation:

(i) A report from an accredited Voting System Test Laboratory (VSTL) certifying the system is in compliance with the VVSG. This report is a third party document and shall not be released by the secretary of state but will be deemed confidential;

(ii) Evidence of the Election Assistance Commission (EAC) certification;

(iii) State certification letter from each state named in (c)(iv) and the contact information to include email and telephone;

(iv) A Wyoming Certificate of Good Standing for the registered business entity dated not more than ninety (90) days prior;

(v) All related manuals, including, but not limited to, technical manuals for repair and maintenance for the equipment, operations manuals for election officials, printer manuals for ballot production, and all other written documents prepared by the vendor that describe the operation, use, and maintenance of the equipment;

(vi) A list of applicable patents and copyrights on the equipment;

(vii) A history of the equipment to include a complete description of the equipment, the date the equipment went into production, and a complete list of states which have used the equipment;

(viii) A list of any written complaints or concerns made to the vendor by other jurisdictions to include county or local jurisdictions, and a description of the resolution of the complaints or concerns. If there are no written complaints or concerns made to the vendor by other jurisdictions, a statement to that effect is required;

(ix) A list of all denials of certification made to the vendor by other jurisdictions to include state, county, or local jurisdictions, to be accompanied by official documentation provided by the jurisdiction about the denial; how the denial was resolved, if applicable; and, if the denial was not resolved, a statement or description as to why it was not resolved; and

(x) An escrow account containing the source code for the system and/or system components requested for certification to include any and all updates to the source code.

Notes

002-12 Wyo. Code R. §§ 12-2

Amended, Eff. 5/21/2020.