voting systems in texas - county...voting system • a voting machine that is designed to allow a...
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Voting Systems in Texas
Dorothy Kennedy
25 April 2019
Elections AdministratorLubbock County
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West Texas County Judge and
County Commissioners Conference
25 April 2019
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Agenda
• Methods of Voting• Accessibility Requirements• Certification Process• Considerations When Purchasing a New
Voting System• Elections Security Assessment
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Methods of Voting
• Three methods of voting in Texas– Hand-counted Paper Ballots– Ballots Counted with a Scanner
• Precinct Ballot Scanner• Central Scanner
– Direct Recording Electronic (DRE) Voting System
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Hand Counted Paper Ballots
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• A ballot that is made of paper deposited into a ballot box and hand counted.
• All References in the election code to “paper ballots” are referring to hand counted paper ballots.
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Ballots Counted with a Scanner
• Ballots are designed to be used in a voting system that uses a scanner to read the marked ballots.
• Ballots are marked by using an indelible marker.
• Two Variations:– Precinct Ballot Scanner– Central Scanner
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Precinct Ballot Counter
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• Ballots are deposited by the voter into a scanner at the precinct or polling place.
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Central Scanner• Ballots are deposited by the voter into a pre-locked, pre-sealed
ballot box. The ballot box is later transferred to a central counting station for counting.
• Ballots are run through a high speed scanner and results are generated from the electronic media.
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Direct Record Electronic (DRE) Voting System
• A voting machine that is designed to allow a direct vote on the machine by the manual touch of a screen, monitor, wheel, or other device and that records the individual votes and vote totals electronically.
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Accessibility Requirements• A political subdivision must provide at least
one accessible voting machine at each early voting and election day polling place.
• Two Separate Requirements– Section 301(a) of HAVA (federal elections)
– Section 61.012 of the Texas Election Code (all elections)
• Limited Exemptions based on county population
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Accessible Voting Machines
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Voting System Certification
• Certification process consists of two parts–Federal Certification–Texas Certification
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Federal Certification Process• Election Assistance Commission (EAC) runs the
federal Testing and Certification Program– Adopt voting system standards:
• Voluntary Voting System Guidelines– Provide accreditation to Independent Testing Laboratories– Certify voting system equipment
• At least 35 states participate in the Testing and Certification program.
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Texas Certification Process• All Voting Systems used in Texas must receive
certification by the Texas Secretary of State– Section 122.031 provides that “before a voting system
or voting system equipment may be used un an election, the system and a unit of the equipment must be approved by the Secretary of State…”
– Rule 81.60, Texas Administrative Code outlines procedures for certification
– Section 123.035 requires SOS approve voting system contracts
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Aging Voting Systems
• Currently certified equipment still functions well, but is showing it’s age.
• Newly certified systems from Hart InterCivic and ES&S.
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Considerations When Purchasing a New Voting System
• Practical Considerations• The Contract Process• Approval of Voting System Contract• Adoption of a New System• Acceptance Testing
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Practical Considerations• All systems in Texas must have completed
Federal Certification (EAC) and Texas Certification. – EAC Certification for a new system can take 1-2
years.– Certification in Texas takes a minimum of 2-3
months from the date of the exam. • All Voting System contracts MUST be
approved by the SOS.
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Contract Considerations
• On-going costs of a voting system• EX: Maintenance, Service, Licensing Fees,
Upgrades, etc.
• Can you maintain all required services under the contract?
• EX: Reprint ballot images for recounts
• Training Costs• Transition Plan
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Ways of Acquiring a Voting System
• County can negotiate with vendor directly for lease or purchase in accordance with county acquisition procedures
• Group Contracting (multiple counties or entities negotiating together)
• Cooperative Purchasing websites• (T) Pre-Negotiated Contract through
Department of Information Resources (DIR) 25 April 2019 18
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Requirements under Texas Law
1. Approval of Voting System Contract by SOS
2. Adoption of Voting System by Commissioners Court
3. Acceptance Testing
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What kind of contracts need to be approved?
• Contracts for different equipment with your current vendor.– EX: Going from PBCs to DREs
• Contracts for a new voting system with your current vendor.
• Contracts with new vendors.
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Obtaining Approval of Contract• To obtain SOS approval, you must submit to the SOS
– A letter requesting approval, AND
– A copy of the relevant portions of the acquisition contract (version numbers).
• If a contract is approved, the SOS will provide you:– A letter granting approval, AND
– A copy of the voting system certification order.
• Send letter to: [email protected]
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Adoption of a Voting System• A voting system must be adopted for use in any one or
more elections by resolution, order or other official action.
• The adoption of a voting system may be modified or rescinded at any time.
• The general custodian of election records is required to make any user or operator manuals or instructions relating to the system available for public inspection.
• Who orders the Adoption?– For Counties, Commissioners Court
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Adoption of a Voting System
• Adoption action should indicate:– whether they are adopting the system for use in early
voting only, regular voting on election day or both.
• VS can only be used in accordance with the “terms and conditions” stated in official action.
• Identifying the vendor is not enough!!• Adoption action must identify the actual system
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What should I put in my adoption action?
• Name of Vendor • Name of Equipment or System • Is it going to be used for…
– Election day? At all polling places?– Early Voting in Person?– Early Voting by Mail?– Provisional Voting?
• What elections will it be used for? – Just current elections or all elections?
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Texas Election Security Assessments (ESA)
• Free evaluation for all 254 Texas Counties– Funds provided by 2018 Help America Vote Act (HAVA) Grants– Paid Directly to DIR. Counties will not be invoiced
• Partnership with • Texas Secretary of State’s Office (SOS)• Department of Information Resources (DIR)• AT&T
• ESAs provide recommendations to improve security after a review of procedures, technology, and affected staff. 25
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How to Participate with ESA
• Seek County Approval for participation– viz. Commissioner’s Court
• Initiate process first email: • [email protected]
• Designate an official as liaison for a single point of contact on all matters
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Areas Reviewed by ESA
• Staff Security Knowledge
• Phishing• Email Practices• Social Engineering
• Elections• Ballot Creation• Election Results Publication• Voting Devices, etc.• Security Devices
• Network Analysis• Internet Connections• Webpage Vulnerability
Detection
• Voter Registration• Registration Software• Application Storage
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ESA Deliverables
• Election Security Assessment Scorecard• Election Security Assessment Report• Questions Contact:
– [email protected]. – Keith Ingram – [email protected]– Dan Glotzer – [email protected]– Gene Moore (AT&T) - [email protected]
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Questions?
Dorothy Kennedy
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Lubbock County Elections Administrator
Email:
Phone: 806-775-1338
Website: www.votelubbock.org