Tennessee § 2-20-104 - Electronic voting systems — Rules and regulations — Testing of equipment.

§ 2-20-104. Electronic voting systems — Rules and regulations — Testing of equipment.

All new precinct-based optical scanners purchased or leased pursuant to this chapter: Shall be certified pursuant to § 2-9-110 and shall have been certified by the election assistance commission as having met the applicable voluntary voting systems guidelines. In addition, the precinct-based optical scanners shall be tested to ensure the scanners operate in accordance with the guidelines; and Shall, with all relevant documentation, be made available by their vendors, at the request of the state election commission or the secretary of state for review by an independent expert, selected by the state election commission or the secretary of state, to ensure the functionality and security of its systems. The state coordinator of elections shall enact necessary rules and regulations to require that all required tests are properly conducted on the precinct-based optical scanners as well as requiring a sufficient review be conducted of the precinct-based optical scanners and the relevant documentation to ensure compliance with this subsection (a). Prior to each election, all precinct-based optical scanners purchased, leased or used by any county election commission pursuant to this chapter shall be subject to acceptance testing by the commission in accordance with rules and regulations promulgated by the state coordinator of elections. With respect to precinct-based optical scanners purchased or leased pursuant to this chapter, vendors shall provide access to all information required by law, rule or regulation, which shall be placed in escrow with an agent designated by the secretary of state. No precinct-based optical scanners used in an election in this state shall have any capability, enabled or disabled, for wireless communication of any sort. Acts 2008, ch. 1108, § 3; 2010, ch. 612, § 4; 2011, ch. 301, § 3. Compiler's Notes. Acts 2008, ch. 1108, § 1 provided that the act shall be known and may be cited as the “Tennessee Voter Confidence Act.” Acts 2011, ch. 301, § 7 provided that nothing in the act, which amended this section, shall be construed as restricting or otherwise prohibiting the utilization of precinct-based optical scanners approved for use pursuant to title 2, chapter 9, and in use by a county election commission on May 27, 2011 or the replacement of such voting machines through lease or purchase with the approval of the state coordinator of elections.