Sec. 33.09.01.07. Emergency Waiver of Regulations

A. Scope. This regulation applies if:

(1) An emergency arises, such as the destruction of a voting system by fire, flood, or otherwise; and

(2) Insufficient time remains before the next election to certify a substitute system in full compliance with this subtitle.

B. Temporary Waiver Authorized. The State Board may waive one or more of the requirements of this subtitle as required to facilitate the use of a substitute voting system for the ensuing election, subject to such special procedures or requirements the State Board sets to assure that the substitute system will be reliable and accurate.

C. Limitations.

(1) A waiver granted under this regulation may not:

(a) Waive any requirement expressly set by statute; or

(b) Apply to the use of a substitute system beyond the general election that immediately follows the emergency.

(2) A substitute system used under this regulation may not again be used unless that system has been fully certified in accordance with all procedures and requirements of this subtitle.