Section 7-208. Escrow requirements  


Latest version.
  • Prior to the use of any voting machine
      or system in any election in the state, on or after September first, two
      thousand six, the state board  of  elections  and  the  local  board  of
      elections using such voting machine or system shall:
        1. Require that the manufacturer and/or vendor of such voting machine,
      system  or  equipment  shall  place  into escrow with the state board of
      elections a complete copy of all programming, source coding and software
      employed by the voting machine, system or equipment which shall be  used
      exclusively  for  purposes  authorized  by  this  chapter  and  shall be
      otherwise confidential.
        2. Require that the manufacturer and/or vendor of such voting machine,
      system or equipment file with the  state  board  of  elections  and  the
      appropriate  local  boards  of elections a waiver, prepared by the state
      board of elections, which shall  waive  all  rights  of  the  vendor  or
      manufacturer  to  assert intellectual property or trade secret rights in
      any court of competent jurisdiction hearing a challenge to  the  results
      of any election and requesting that programming source coding, firmware,
      and  software  as  well  as  voting  machines  or  systems  be tested by
      independent experts under court supervision and  at  the  conclusion  of
      such proceeding shall be sealed.
        3.  Require that the manufacturer and/or vendor of such equipment file
      with the state board of elections and the appropriate  local  boards  of
      elections  a  consent  to  having  and cooperating in the testing of any
      programming, source coding, firmware, or software, pursuant to an  order
      of  any  board of elections or court of competent jurisdiction. Any such
      board or agent thereof shall be required to maintain the confidentiality
      of any proprietary material.