FROM:

Teresa Hommel

Chair, Task Force on Election Integrity, Community Church of New York

 

TO:

New York State Board of Elections

40 Steuben Street

Albany, NY 12207-2108

 

Comment on Draft Voting Systems Standards

Section 6209.4 Application Process

 

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SBOE DRAFT

A. The Election Operations Unit shall forward an application form, upon request, to any

vendor, together with a copy of applicable rules and regulations and a pre-qualification test

format for both a general and primary election ballot program.

 

NYC BOE RESPONSE

A. The Election Operations Unit shall forward an application form, upon request, to any

vendor, together with a copy of applicable rules and regulations and a pre-qualification test

format for both a general and primary election ballot program.

 

A1. If a vendor supplies several systems that potentially meet state specifications, the vendor must

submit all such systems for certification.

 

HOMMEL SUGGESTED REPLACEMENT

A. The Election Operations Unit shall forward an application form, within 5 business days of receipt of a request, to any vendor, together with a copy of applicable rules and regulations and a pre-qualification test format for both a general and primary election ballot program.

 

A1. If a vendor supplies several systems that potentially meet state specifications, the vendor must

submit all such systems for certification at the same time.

 

REASON

The standards should require the response to the vendor within a specified number of days.

 

Vendors that sell both DRE and Optical Scan systems should be required to submit them at the same time.

 

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SBOE DRAFT

B. Said vendor shall return completed ballot layouts based upon the pre-qualification test

format to the Election Operations Unit. Upon approval of the layouts, the vendor shall

program such equipment and complete the pre-qualification tests for both ballot programs

provided, and enter the simulated votes upon said equipment for each election program.

 

HOMMEL SUGGESTED REPLACEMENT

B. Said vendor shall return completed ballot layouts based upon the pre-qualification test

format to the Election Operations Unit. Upon approval of the layouts, the vendor shall

program such equipment and complete the pre-qualification tests for both ballot programs

provided, and manually enter the simulated votes upon said equipment for each election program.

For DREs, the entire set of simulated votes shall be entered separately for each device that may be used by voters, including the touchscreen or pushbuttons, each device to be used by voters with

disabilities, and each minority language display.

 

REASON

The pre-qualification test should ensure that votes can be entered via all devices to be

used by voters, and that the votes entered by each method will be recorded and tallied

properly.

 

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SBOE DRAFT

D. The application and printouts shall be reviewed to determine if the voting system shall

be considered for certification and the applicant shall be notified of such determination.

 

HOMMEL SUGGESTED REPLACEMENT

D. The application and printouts shall be reviewed to determine if the voting system shall

be considered for certification and the applicant shall be notified of such determination

within 10 business days of receipt of the application and printouts.

 

REASON

The standards should require the response to the vendor within a specified number of days.

 

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SBOE DRAFT

G. Fees for the examination of a voting system shall be assessed against the vendor by

the State Board based upon the cost to the State Board for examination of such voting

system by an outside contractor, laboratory or other authorized examiner, but the fees

assessed shall not exceed the amount permitted by statute.

 

HOMMEL SUGGESTED REPLACEMENT

G. Fees for the examination of a voting system shall be assessed against the vendor by

the State Board based upon the cost to the State Board for examination of such voting

system by an outside contractor, laboratory or other authorized examiner, but the fees

assessed shall not exceed the amount permitted by statute. The records of the State

Board's examination and records of costs thereby incurred shall be provided to the

vendor and shall be posted on the web site of the State Board of Elections.

All fees must be paid by the vendor prior to certification.

 

REASON

The examination and fees are a matter interest to the vendor as well as to the public.