Text of the Fee Waiver Proposal


The New York State Board of Elections will consider the proposed "fee waiver" regulation below. It is on the agenda for discussion in the September 20, 2007 meeting. They may not have time to consider the policy during that meeting due to contentious old business, in which case the policy would be discussed at a later meeting.


The State Board of Elections may elect to waive the fee for examination of voting systems set forth in Section 6209.4(G) if a voting system vendor meets all of the following:


1) The vendor submits an application for examination fee waiver including a sworn affidavit stating that the voting system software and documentation are offered under an open source license (such as the Berkeley System Distribution License)  or free and open source license (such as the General Public License), and is made available in public distributions; and


2) The vendor has paid the application fee set forth in Section 6209.4(F); and


3) The application for examination fee waiver is supported by no less than three public statements of support from organizations or individuals with demonstrated expertise in voting systems and/or software security.


4) Any other requirement in the Board's discretion.


The State Board shall retain the discretion to (a) revoke any examination fee waiver granted under this subsection, and (b) immediately order the termination of the examination if it finds the testing demonstrates that the submission obviously does not meet one or more of the requirements of section 7-202 of the Election Law and Section 6209.2. et. seq. of the Codes, Rules and Regulations of the State of New York.