Escrow requirements

§ 7-208. Escrow requirements. 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.