(a) Upon an order of an appropriate court in the course of an investigation or prosecution regarding vote counting equipment, voter registration or procedures. The court order shall specify the procedures for reviewing the materials in escrow, including, but not limited to, the name of each person permitted to review the materials, the person or persons responsible for guaranteeing that the materials are not tampered with or otherwise altered, and the time, place, and other conditions under which the materials may be reviewed.

(b) Upon a finding by the Secretary of State that an escrow facility or escrow company is unable or unwilling to maintain materials in escrow in compliance with these regulations.

(c) The Secretary of State may, in furtherance of these regulations, for cause at any time, audit source code materials placed in escrow with an approved escrow facility or a facility for which approval has been withdrawn pursuant to these regulations, for purposes of verifying the contents.