Iowa Admin. Code r. 721-22.18

Current through Register Vol. 47, No.14, January 8, 2025

Rule 721-22.18 - Rescinding certification

(1)Grounds for rescinding certification. Certification may be rescinded if it is found that:

a. The equipment does not produce accurate results and reports as required for an election.

b. Modifications have been made in a certified voting system that have not been approved by the examiners.

c. Equipment which has been certified for use has not been adopted by any county in Iowa, or is no longer used by any county in Iowa, and is no longer available for purchase from the manufacturer. The examiners may rescind certification of such voting equipment without a complaint or contested case proceedings.

d. Equipment that has been certified for use no longer complies with the requirements of Iowa

law.

e. Any other grounds that may materially affect delivery or performance of the equipment.

(2)Procedure for rescinding certification. Complaints regarding voting equipment certified for use in Iowa shall be filed with the secretary of state. The examiners shall review all complaints and may initiate a contested case to rescind certification on any ground listed above. The contested case may be conducted before the examiners or before an administrative law judge. A contested case for rescinding certification shall be conducted, to the extent applicable, in accordance with the procedural rules specified in 481-Chapter 10, Iowa Administrative Code.

(3)Suspension of certification. If the administrative law judge hearing the contested case, or the examiners, as the case may be, find that the voting equipment can be modified to correct the deficiency, certification may be suspended until the deficiency is corrected. If it is found that the deficiency is limited to a specific flaw not present in all models of the equipment, the suspension may be limited to the deficient models. While certification is suspended, the equipment may not be used for any election.

After the required modifications have been made the vendor may apply for reexamination of the equipment following the procedure described in rule 721-22.17 (52).

(4)Further use prohibited. If certification of voting equipment is rescinded without qualification, no further use shall be permitted by any county.

Iowa Admin. Code r. 721-22.18

ARC 8244B, IAB 10/21/09, effective 10/2/09