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Fwd: Could the VotePAD been leased under Rule 45?




Attn: County Attorney Shelley Bailey:

Is the information below regarding Rule 45's temporary usage provisions accurate, and if so, were you and/or the County Clerk's office aware of this prior to last Thursday's hearing?

If it is accurate and you were aware, why did you not mention this to the Commissioners who were clearly under the impression that they had no such options to consider?

Thank you for your prompt reply.


Joe Pezzillo
PO Box J
Boulder, CO 80306 USA
303-938-8850



Begin forwarded message:

Date: April 7, 2006 1:53:37 AM MDT
Subject: Could the VotePAD been leased under Rule 45?

This is regarding the letter from the SOS saying that the Vote-PAD company hadn't applied for certification, which was passed around in the County Commissioners meeting.  The Vote-PAD doesn't have to be certified federally because it isn't electronic.  Whether or not that means it doesn't have to be certified in the state I don't know.
This portion of Rule 45 is from the RFP posted on the SOS website. 
P.S. So the Swiss System wouldn't have to be certified federally either, right?
Margit

 

45.1         Temporary Use

45.1.1  If a voting system provider has a system that has been evaluated by an ITA, but has not yet been approved for certification through the SOS, the voting system provider or the designated election official may apply to the SOS for temporary approval of the system to be used for up to one year.

45.1.2  Upon approval of temporary use, a jurisdiction may use the voting system, or enter into a contract to rent or lease the voting system for a specific election upon receiving written notice from the SOS’s office.  At no time shall a jurisdiction enter into a contract to purchase a voting system that’s been approved for temporary use.

45.1.3  The SOS shall approve use of a temporarily approved voting system for each election that a jurisdiction would like to use it in.

45.1.4  Temporary use does not supersede the certification requirements and/or process, and may be revoked at any time at the discretion of the SOS.