§ 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.