(a) The State Board of Election Commissioners may promulgate rules for the administration of this subchapter and shall approve the marking devices and electronic vote tabulating devices.
(b)
(1) Any person or company wishing to exhibit marking devices and electronic vote tabulating devices may file written application with the board and request an opportunity to exhibit and demonstrate devices.
(2) The board shall examine the marking device or the electronic vote tabulating device and file a report in the office of the Secretary of State of its accuracy, efficiency, and capacity.
(3) If the board shall reject any device, the reasons shall be stated in the report filed with the Secretary of State.
(4) Any person or company aggrieved by any finding or ruling of the board may appeal to the Pulaski County Circuit Court within sixty (60) days from the date the report of the board is filed with the Secretary of State.
(c) After any device has been approved, it shall not be necessary that it be exhibited and approved again by the board unless there is a change or modification in the device that renders it incapable of marking ballots or tabulating votes in the same method of procedure approved by the board.
(d) Marking devices or electronic vote tabulating devices not approved by the board or selected by the Secretary of State may not be used in any lawful election in this state.
(e) No marking device or electronic vote tabulating device shall be approved unless it fulfills the requirements of this section and the federal Help America Vote Act of 2002.
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