N.J. Admin. Code § 15:10-7.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 15:10-7.3 - General requirements for e-poll book systems

(a) All e-poll book systems for the State of New Jersey must be approved by the Division of Elections prior to use. Subsequent changes or updates to an approved e-poll book system by the vendor must be submitted and approved prior to use.

(b) Each e-poll book system vendor must maintain documents proving that quality assurance testing was conducted by a National Institute of Standards and Technology (NIST)-certified laboratory or a U.S. Election Assistance Commission (EAC)-accredited Voting System Test Laboratory (VSTL) for compliance with this subchapter. These documents must be retained for a period of at least six years and be readily available for review at any time within the retention period.

(c) Each e-poll book system vendor must perform an annual system integrity and security assessment to ensure continual compliance with the technical requirements set forth at N.J.A.C. 15:10-7.5. This assessment must be conducted by a NIST-certified testing laboratory or an EAC-accredited VSTL. The assessment report must be submitted to the DGE and the Division of Elections and shall include:

1. The scope of the review detailing which system components were reviewed in the assessment;

2. The name and company affiliation of the individual(s) who conducted the assessment;

3. The date of the assessment;

4. The findings;

5. The recommended corrective actions, if applicable; and

6. The vendor's response to the findings and recommended corrective action.

(d) All physical components that comprise an e-poll book system must be physically locked during storage and transported in a method approved by the Division of Elections.

(e) If an e-poll book system is unavailable due to power loss or system failure, the voting location will revert to previously approved manual methods for checking in voters until the system is available.

(f) External connections to the e-poll book system are prohibited, unless approved in writing by the Director of the Division of Elections.

(g) An e-poll book system vendor must document and detail all settings, including those required for its system to function in compliance with all applicable rules for use in the State of New Jersey.

(h) An e-poll book system vendor shall not allow any person to develop, modify, repair, refurbish, or perform any technological or mechanical maintenance on an e-poll book system in use in New Jersey if that person has been convicted of any crime of dishonesty, including, but not limited to, criminal fraud or any felony or misdemeanor offense for which incarceration for up to one year is an authorized penalty.

(i) An e-poll book system vendor shall promote and maintain an awareness of the importance of securing the State's and counties' data among the e-poll book system vendor's employees, agents, and subcontractors.

N.J. Admin. Code § 15:10-7.3