Public Comment Period Begins for Rules Regarding Access to Voting System Escrow Materials

Updated: Aug 31



Raleigh, N.C.


Apr 1, 2022


10:24 a.m: The State Board of Elections invites the public to comment on two new administrative rules that are being proposed to allow specifically permitted individuals to access information that voting system vendors place in escrow as part of the state certification of those systems.

The comment period is now open and ends May 31. A virtual public hearing will be held at 10 a.m. April 27.

This escrowed information includes proprietary and highly sensitive information for certified voting systems, including source codes for voting machines and election management systems and their software.

These rules are designed to ensure that a narrowly defined group of individuals authorized by state law may review this information without risking the disclosure of proprietary information belonging to vendors or the disclosure of features of voting systems that could be exploited by malicious actors to compromise the integrity of elections. This group includes the State Board of Elections, county boards of elections that purchase voting systems, the NC Department of Information Technology, and the chairs of recognized political parties, in accordance with G.S. 163-165.7(a)(6).

“These rules are an important step forward in ensuring transparency in our elections, while also protecting sensitive information as necessary to keep our elections secure,” said Karen Brinson Bell, executive director of the State Board of Elections.

The text of the proposed rules may be found here:

Authorized Access to Escrow Materials Proposed Rule 08 NCAC 04 .0308 (PDF)

Nondisclosure Agreement for Review of Escrowed Materials Proposed Rule 08 NCAC 04 .0309 (PDF)

Methods for Public Comment

Public comment may be made through any of the following methods:

Online: Rulemaking Public Comment Portal

Email: rulemaking.sboe@ncsbe.gov

Mail: Attn: Rulemaking Coordinator, 6400 Mail Service Center, Raleigh, NC 27603-1362 Comment period ends: May 31, 2022

Upcoming Public Hearing

A virtual public hearing will be held as follows: Date: 10 a.m. April 27, 2022

Location: Webex, or by telephone dial-in (415) 655-0003; access code 2438 018 7935 ###