§ 1105-AExamination and Approval of Electronic Voting Systems by the Secretary of the Commonwealth

(a) Any
person or corporation owning, manufacturing or selling, or being
interested in the manufacture or sale of, any electronic voting
system, may request the Secretary of the Commonwealth to examine
such system if the voting system has been examined and approved
by a federally recognized independent testing authority and if
it meets any voting system performance and test standards
established by the Federal Government. The costs of the
examination shall be paid by the person requesting the
examination in an amount set by the Secretary of the
Commonwealth. Any ten or more persons, being qualified
registered electors of this Commonwealth, may, at any time,
request the Secretary of the Commonwealth to reexamine any
electronic voting system theretofore examined and approved by
him. Before any reexamination, the person, persons, or
corporation, requesting such reexamination, shall pay to the
Treasurer of the Commonwealth a reexamination fee of four
hundred fifty dollars ($450). The Secretary of the Commonwealth
may, at any time, in his discretion, reexamine any such system
therefore examined and approved by him. The Secretary of the
Commonwealth may issue directives or instructions for
implementation of electronic voting procedures and for the
operation of electronic voting systems. ((a) amended Dec. 9,
2002, P.L.1246, No.150)
   (b) Upon receipt of a request for examination or
reexamination of an electronic voting system as herein provided
for or in the event he determines to reexamine any such system,
the Secretary of the Commonwealth shall examine the electronic
voting system and shall make and file in his office his report,
attested by his signature and the seal of his office, stating
whether, in his opinion, the system so examined can be safely
used by voters at elections as provided in this act and meets
all of the requirements hereinafter set forth. If his report
states that the system can be so used and meets all such
requirements, such system shall be deemed approved and may be
adopted for use at elections, as herein provided. With respect
to any electronic voting system approved for use in this
Commonwealth by the secretary, the report of the secretary shall
specify the capacity of the components of that system, the
number of voters who may reasonably be accommodated by the
voting devices and automatic tabulating equipment which comprise
such system and the number of clerks and machine inspectors,
if any, required based on the number of registered electors in
any election district in which the voting system is to be used,
such specifications being based upon the secretary's examination
of the system. Any county which thereafter may adopt any such
approved system shall provide the components of such system in
a number no less than that sufficient to accommodate the voters
of that county or municipality in accordance with the minimum
capacity standards so prescribed by the secretary. The county
board shall comply with the requirements for the use of the
electronic voting system as set forth in the report by the
Secretary of the Commonwealth. ((b) amended Dec. 9, 2002,
P.L.1246, No.150)
   (c) No electronic voting system not so approved shall be
used at any election, and if, upon the reexamination of any
such system previously approved, it shall appear that the system
so reexamined can no longer be used safely by voters at
elections as provided in this act or does not meet the
requirements hereinafter set forth, the approval of that system
shall forthwith be revoked by the Secretary of the Commonwealth,

and that system shall not thereafter be used or purchased for
use in this Commonwealth.
   (d) When an electronic voting system has been so approved,
no improvement or change that does not impair its accuracy,
efficiency or capacity or its compliance with the requirements
hereinafter set forth, shall render necessary the reexamination
or reapproval of such system.
   (e) Neither the Secretary of the Commonwealth nor any member
of a county board of elections shall have any pecuniary interest
in any electronic voting system or in any of the components
thereof, or in the design, manufacture or sale thereof. ((e)
amended Dec. 9, 2002, P.L.1246, No.150)
   (f) ((f) deleted by amendment Dec. 9, 2002, P.L.1246,
No.150)
   (1105-A added July 11, 1980, P.L.600, No.128)