Comments on the May 15, 2008 Draft of Part 6210

Routine Maintenance and Testing of Voting Systems, Operational Procedures, and Standard for Determining Valid Votes

http://www.elections.state.ny.us/NYSBOE/hava/6210Regulations05152008Update.pdf

 

Comments by Teresa Hommel

www.wheresthepaper.org/6210WithCmtsJune15_08.htm

June 15, 2008

 

 

Notes:

a. Pagination is indicated, and has been copied from the PDF posted at the above web address.

b. Text from the draft regulations is in Ariel font, with line numbers are omitted; indentation

     may have been lost, and formerly centered text is now left-justified.

c. Comments are numbered, in Times Roman font, and bold. In some comments, new

    suggested language is CAPITALIZED.  

 

Overview

a. These regulations need to consistently and explicitly give the public a role, and rights

    equivalent to parties and candidates, to observe procedures and obtain information. The

    public cannot provide appropriate citizen oversight of elections without this, and parties are

    not a substitute for the public.
b. The regulations treat computers as if they can self-verify, and are unrealistic about the

     imagined powers of computers.
c. The ballot images need to be restored
to Section 6210.16.

d. Insufficient voting equipment is required.

e. Consideration of Section 6210.18 on the Three-Percent Audit should be delayed until the

    State Board can take advantage of recent developments in the field of election audits and

    bring this section up to date.

 

 

May 15, 2008, DRAFT

Part 6210

Routine Maintenance and

Testing of Voting Systems, 

Operational Procedures, and

Standards for Determining Valid Votes

 

Section 6210.1 Definitions

Except to the extent set forth below, the definitions contained in section 6209 shall

apply in this section

 

1.         Pre-qualification test is a test prescribed by the State Board, conducted

immediately prior to the voting systems' use in an election in which a

predetermined set of votes are cast which will ensure that all voting positions for

each ballot configuration are tested.

 

Comment 1

 

PROBLEM LANGUAGE

1. Pre-qualification test is a test prescribed by the State Board, conducted

immediately prior to the voting systems' use in an election in which a

predetermined set of votes are cast which will ensure that all voting positions for

each ballot configuration are tested. Such votes shall be entered into the voting

system in the same manner as they will be entered by voters during an election. 

 

SUGGESTED CHANGE

1. Pre-qualification test is a test prescribed by the State Board, conducted immediately prior to the voting systems' use in an election; IN SUCH TEST A predetermined set of votes, WHICH SHALL BE UNIQUE FOR EACH CANDIDATE AND BALLOT QUESTION CHOICE AND WHICH SHALL BE APPROXIMATELY THE SAME AS OR MORE THAN 50% OF THE NUMBER OF ACTIVE REGISTERED VOTERS WHO ARE ASSIGNED TO VOTE AT THE LARGEST POLL SITE IN THE COUNTY,  are cast IN A MANNER THAT will ensure that EACH voting POSITION FOR EACH BALLOT CONFIGURATION IS TESTED AND IS CONFIRMED TO FUNCTION PROPERLY, SEPARATELY AND INDEPENDENTLY OF EACH OTHER VOTING POSITION ON ITS BALLOT. Such votes shall be entered into the voting system in the same manner AND AT THE SAME RATE as they will be entered by voters during an election. 

 

WHY

The phrase "in which a predetermined set of votes are cast" refers to "election" and not to "test." The easiest way to make the meaning clear is to break the long sentence into two shorter phrases, by use of a semicolon between the parts.

 

One way that testing can be distinguished from real elections by malicious software, is that typically during tests only a small number of votes are entered. Also, some software errors only show themselves after a large number of entries are made. Therefore, in any test that purports to confirm the correct functioning of a voting system, the number of votes entered should be approximately the same as or more than the number expected to be cast on election day.

 

Such test has the purpose of confirming that each voting position functions properly, separately and independently from each other voting position on the ballot. In other states voting positions have been inadequately tested by entering one vote on each. If votes are improperly switched by the machine, the errors will not be revealed as long as each tally shows one vote. The suggested change indicates that each position needs to be tested with a different number of votes.

 

Another way that a system can determine that it is being tested rather than used for a real election is by the date and time. For this reason, testing should be conducted in Election Mode with the Real-Time clock set to a randomly chosen time on the date of the election. Test votes and ballots should be cast at a rate approximately the same as the rate at which voters will cast them.

 

If a voting system offers several methods for votes to be entered, such as touch-

screen, push-button, or other electronic mechanism, a key pad and/or pneumatic

switch for voters with disabilities, or alternate language displays, then a pre-

determined set of votes shall be entered separately using each method and

language display.  The results of the casting of said votes and all voting system

logs shall be extracted from the system as though during normal use in an

election, and the results and logs shall be compared to the predetermined results

 

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of the test votes and vote totals prepared pursuant to regulations and procedures

of the State Board.

2.         Printout means either the printed copy of zero totals, candidate names and

offices and other information produced by the voting equipment prior to the

official opening of the polls or the printed tabulation report of votes cast for each

candidate and question, the names of candidates and the offices for each

candidate and other information provided after the official closing of the polls.

 

Comment 2

 

PROBLEM LANGUAGE

2. Printout means either the printed copy of zero totals, candidate names and

offices and other information produced by the voting equipment prior to the

official opening of the polls or the printed tabulation report of votes cast for each

candidate and question, the names of candidates and the offices for each

candidate and other information provided after the official closing of the polls.

 

SUGGESTED CHANGE

2. PRINTOUT MEANS EITHER THE PRINTED REPORT PRODUCED BY THE VOTING EQUIPMENT PRIOR TO THE OFFICIAL OPENING OF THE POLLS, WHICH CONTAINS ZERO TOTALS, CANDIDATES NAMES AND OFFICES AND OTHER INFORMATION, OR THE PRINTED TABULATION REPORT PRODUCED BY THE VOTING EQUIPMENT AFTER THE OFFICIAL CLOSING OF POLLS, WHICH CONTAINS THE MACHINE'S TALLY OF VOTES CAST FOR EACH CANDIDATE OR QUESTION, THE NAMES OF CANDIDATES AND THE OFFICES FOR EACH CANDIDATE AND OTHER INFORMATION.

 

WHY

Clearer statement.

 

3.         Election Mode:    An operational setting and/or functional level of a voting

system that would allow the user, under the required conditions stated by law, to

make selections, and/or cast a ballot, and which also uniquely provides the

potential to have a marked ballot officially accepted for counting at the time of a

defined election. Note: This mode of operation may also be synonymous with the

term "live vote mode" or similar.   This mode may also be run at any time, either

for the running of realistic simulations for testing, and/or after various

maintenance activities. This mode is specifically required to be run in the conduct

of an official election.

 

Comment 3

 

PROBLEM LANGUAGE

This mode may also be run at any time, either

for the running of realistic simulations for testing, and/or after various

maintenance activities.

 

PROBLEM

Such testing creates potential for innocent errors and/or fraud. During the running of tests with equipment such as the Sequoia ImageCast, large numbers of ballot images can be produced. Some or all of such ballot images may accidentally replace some or all of the images of ballots cast on election day.

 

SOLUTION

a. New York State needs to clearly require that all post-election recounts and audits be conducted by counting votes on the voter-marked paper ballots cast on election day, and not by counting computerized ballot images.

b. At the completion of testing, copies of all electronic results and ballot images may be archived but the records inside the voting system must be deleted.

c. All test ballots must be marked in such a way as to identify them as test ballots, so that all ballot images that are made during testing will display such marks.

 

4.         Test Mode:  An operational setting and/or functional level of a voting system that

would allow the user to specify/select, access, and/or test various levels/areas of

the device, either, for example, during possible upgrades, diagnostic testing,

and/or specific maintenance activities that may not require full functional

simulation, or capabilities at that time. Note: This mode of operation is a

separate option from Election Mode, and is prohibited from being run in the

 

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conduct of an official election. 

 

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Section 6210.2 Routine Maintenance and Testing of Voting Systems

A.         Testing of all voting systems shall be conducted by the county board before the

use of the system in any election and at such other times of the year as

prescribed by these regulations.  Testing procedures shall be approved by the

State Board.

 

Comment 4

 

PROBLEM LANGUAGE

Testing procedures shall be approved

by the State Board.

 

PROBLEM

It appears that only a small number of different makes and models of new voting systems will be used in New York State. It is inefficient for each county to replicate the work of other counties with the same equipment, and devise its own testing procedures. Most county boards do not have the expertise in-house to devise such procedures.

 

SOLUTION

The State Board should devise testing procedures with the assistance of NYSTEC and citizen groups and individuals with expertise. John Washburn of Wisconsin is a citizen expert in this area. The Draft page 8 PDF lines 14-16, which is Section 6210.2 F., indicates that the State Board shall provide sample tests. This section should make reference to such samples. For example:

Testing procedures shall make use of sample tests and guidelines provided by the State Board and county testing procedures shall be approved by the State Board.

 

                       The voting system shall be tested to determine that the system is

functioning correctly and that all system equipment, including but not limited to

hardware, memory, and report printers, are properly integrated with the system

and are capable of properly performing in an election.  Testing, other than pre-

qualification testing, shall be conducted by casting manual votes and may

include the casting of simulated votes.

 

Comment 5

 

PROBLEM LANGUAGE

Testing, other than pre-

qualification testing, shall be conducted by casting manual votes and may

include the casting of simulated votes.

 

SUGGESTED CHANGE

Testing, other than pre-

qualification testing, shall be conducted by manually casting votes. The casting of simulated votes may be used only to confirm the results obtained by manual casting.

 

WHY

When computers verify their own work, for example through the use of simulated votes, this opens many possibilities for innocent errors and fraud.

 

B.         In addition to vendor-prescribed maintenance tasks and diagnostic tests, tests of

voting equipment shall be conducted by the county board, on each piece of

equipment owned by the county board.  Such testing shall be administered

periodically and be completed during the following periods during each year that

the equipment is in use:

1)         January 15 - April 15

2)         April 16 - July 15

3)         July 16 - September 15

4)         September 16 - November 15

 

Whenever a voting system is to be tested for pre-qualification purposes, such

 

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test must be conducted while the voting system is in 'election mode'.  Votes cast

for pre-qualification test purposes shall be manually cast using all of the devices

available to voters on election day (i.e.: audio, key pads and or pneumatic

switches, and/or alternate language displays).

 

Comment 6

 

PROBLEM LANGUAGE

Votes cast

for pre-qualification test purposes shall be manually cast using all of the devices

available to voters on election day (ie, audio, key pads and or pneumatic

switches, and/or alternate language displays).

 

SUGGESTED CHANGE

Votes cast

for pre-qualification test purposes shall be manually cast in the manner in which votes will be cast by most voters. Additional separate tests shall be conducted which consist of the casting of the same manual votes using each of the assistive devices available to voters on election day (ie, audio, key pads and/or pneumatic switches, and/or alternate language displays).

 

WHY

The use of assistive devices and alternate language displays in voting systems has resulted in errors different from those that occur when votes are cast in the manner used by most voters. For example, for years some of the votes cast using a Spanish language display have been lost by Sequoia systems: www.wheresthepaper.org/Limited_Parallel_Testing_Findings.pdf and www.wheresthepaper.org/WrongTimeForAnEvoteGlitch.htm

 

C.        Testing shall include the comparison of software installed on the delivered system to

certified software, via the use a Secure Hash Signature Standard (SHS) validation

program, as described in Federal Information Processing Standards Publication

180-2 issued by the National Institute Standards Technology (This publication is

available electronically by accessing http://csrc.nist.gov/publications/. Alternatively, copies

of NIST computer security publications are available from: National Technical Information

Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161.)

            Testing shall consist of the re-calibration of equipment, as appropriate, pursuant to

recommendations made in vendor's maintenance documentation, and the casting of

a 'test deck' by voting the minimum number of ballots, determined pursuant to the

requirements of Section 6210.8 of these regulations, to ensure that all voting

positions for each ballot configuration are tested.  Votes cast for the purposes of this

section shall be cumulative ballots cast on each piece of equipment during each of

the prescribed periods outlined.

1)         If the system does not accurately count the votes from the test deck cast

manually, simulated, or both, (aside from those that were deliberately

designed to fail), or the calibration test, the cause or causes for the error

 

Comment 7

 

PROBLEM LANGUAGE

designed to fail), or the calibration test, the cause or causes for the error

 

SUGGESTED CHANGE

designed to fail), or FAILS the calibration test, the cause or causes for the error

 

WHY

Clearer statement.

 

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or errors shall be ascertained and corrected.  The voting system shall be

re-tested until there are two consecutive error-free tests before the system

is approved for use in the count of actual ballots.

 

Comment 8

 

PROBLEM LANGUAGE

The voting system shall be

re-tested until there are two consecutive error-free tests before the system

is approved for use in the count of actual ballots.

 

SUGGESTED CHANGE

count of actual VOTER-CAST ELECTION-DAY ballots

 

SUGGESTED ADDITION

A maximum of 5 tests shall be made, and if 2 consecutive error-free tests are not produced, the machine shall be taken out of service until the reason for such failure is diagnosed, logged, reported to the state board, and maintenance and repair have been made. All other voting systems of the same make and model in all counties shall be diagnosed to determine whether the same flaw is present in them, and if so it shall be repaired before the next use of such systems in any election.

 

WHY

a. Clearer statement.

b.  There need to be realistic limits on how often a machine is tested when it repeatedly fails. A failing machine needs to be taken out of service and other machines of its type need to be examined to determine if all such machines have the same flaw. The State Board needs to know when such a problem occurs so other counties using the same equipment can be notified of a potential problem with their equipment.

a. If 5 tests have to be made before 2 consecutive error-free tests are achieved, this means the equipment is working poorly, and the reason for failures should be diagnosed and repaired.

 

                                                                                The commissioners of

the county board or their designees shall certify that they have reviewed

and verified the results of said testing.  The summary results of all tests,

including all inaccurate test results, their causes and the actions taken to

correct them, as well as the results of all errorless counts, shall be entered

upon the maintenance log.  All documentation and/or test decks,

simulation cartridges and any test data including but not limited to copies

of ballot programming used for required maintenance tests shall be

maintained in secure locked storage for two years after the election,

pursuant to Election Law Section 3-222.

 

Comment 9

 

PROBLEM LANGUAGE

shall be

maintained in secure locked storage for two years after the election,

pursuant to Election Law Section 3-222.

 

SUGGESTED CHANGE

shall be

maintained in secure, locked storage for two years after the election,

pursuant to Election Law Section 3-222, AND MAY BE VIEWED BY

THE PUBLIC UPON REQUEST.

 

WHY

The public is the major stakeholder in the correct administration of elections, and should be explicitly given access to such records.

 

2)         Maintenance logs are to be kept as a permanent record of the county

board.

 

D.        During the period including July 16 - September 15 (and in years when a

presidential primary is conducted, during the January 15 - April 15 period), the

test ballot format for each piece of equipment  shall consist of each primary

ballot configuration as certified by the county board, if said equipment is to be

utilized in a primary election.  The voting system shall be cleared of all votes and

a printed report shall be produced by the system, to verify the correct ballot

configuration and election configuration, and to confirm that all voting positions

 

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are at zero.  Ballots cast for the purposes of this test shall be manually cast and

a printed tabulation report shall be provided.

 

Comment 10

 

PROBLEM LANGUAGE

                    Ballots cast for the purposes of this test shall be manually cast and

a printed tabulation report shall be provided.

 

SUGGESTED CHANGE

                    Ballots cast for the purposes of this test shall be manually cast and

a printed tabulation report shall be PRODUCED BY THE SYSTEM.

 

WHY

a. Clearer statement.

 

                                                                          The system shall again be cleared

of all votes and a printed report shall be produced by the system to confirm that

all voting positions are at zero.  Each officer or board charged with the duty of

preparing voting machines for use in any election shall give written notice, by first

class mail, to the State Board and to all candidates, except candidates for

member of the county committee, who are lawfully entitled to have their names

appear thereon, of the time when, and the place where, they may inspect the

voting machines to be used for such election.

 

Comment 11

 

PROBLEM LANGUAGE

                                                                                             they may inspect the

voting machines to be used for such election.

 

PROBLEMS

a. Inspection by merely "looking at" a computer is meaningless. Inspection of a computer to confirm that it works means turning the computer on and using it for the purpose intended, examining the results, and inspecting all system logs and other documentation.

b. Candidates are not the only stakeholders in the correct working of voting machines--the public is the primary stakeholder.

 

SOLUTIONS

a. Persons eligible to "inspect" should be invited to observe the testing of the equipment and to inspect all system logs and other documentation.

b. The regulations should explicitly require public notice to be posted a minimum of seven calendar days prior to testing, and explicitly require that any member of the public shall be allowed to attend and observe and inspect all system logs and other documentation.

 

                                                                           The candidates or their designated

representatives may appear at the time and place specified in such notice to

inspect such machines, provided, however, that the time so specified shall be not

less than two days prior to the date of the election.

 

E.         For the period between ballot certification and seven days before the general

election, the test ballot format for each piece of equipment shall consist of each

general election ballot configuration as certified by the county board.  The voting

system shall be cleared of all votes and a printed report shall be produced by the

system, to verify the correct ballot configuration and election configuration, and

to confirm that all voting positions are at zero.  Ballots cast for the purposes of

this test shall be manually cast and a printed tabulation report shall be produced.

 

Comment 12

 

PROBLEM LANGUAGE

                                                                            Ballots cast for the purposes of

this test shall be manually cast and a printed tabulation report shall be produced.

 

SUGGESTED CHANGE

Ballots cast for the purposes of this test shall be manually cast and

a printed tabulation report shall be PRODUCED BY THE SYSTEM.

 

WHY

Clearer statement.

 

The system shall again be cleared of all votes and a printed report shall be

produced by the system to confirm that all voting positions are at zero.  Each

 

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officer or board charged with the duty of preparing voting machines for use in

any election shall give written notice pursuant to NYS Election Law Section 7-

128 and Section 7-207, by first class mail, to the State Board and to all

candidates, except candidates for member of the county committee, who are

lawfully entitled to have their names appear thereon, of the time when, and the

place where, they may inspect the voting machines to be used for such election.

The candidates or their designated representatives may appear at the time and

place specified in such notice to inspect such machines,

 

Comment 13

 

PROBLEM LANGUAGE

The candidates or their designated representatives may appear at the time and

place specified in such notice to inspect such machines

 

PROBLEMS

a. Inspection by merely "looking at" a computer is meaningless. Inspection of a computer to confirm that it works means turning the computer on and using it for the purpose intended, examining the results, and inspecting all system logs and other documentation.

b. Candidates are not the only stakeholders in the correct working of voting machines--the public is the primary stakeholder.

 

SOLUTIONS

a. Persons eligible to "inspect" should instead be invited to observe the testing of the equipment and to inspect all system logs and other documentation.

b. The regulations should explicitly require public notice to be posted a minimum of seven calendar days prior to testing, and explicitly require that any member of the public shall be allowed to attend and observe and inspect all system logs and other documentation.

 

                                                                                            provided, however, that

the time so specified shall be not less than two days prior to the date of the

election.

 

F.         In addition to any vendor provided training, the State Board shall provide training

on routine maintenance and testing of voting systems to county board personnel

responsible for voting systems.  The State Board shall provide sample tests to be

utilized by each county board. The State Board may revise said testing format,

based upon its audit and review.

 

G.         All results of each routine maintenance test and/or pre-qualification test,

including the final errorless test, shall be certified as accurate by the county

board commissioners or their designees, and such certification shall be entered

upon the maintenance log for each such piece of equipment, together with any

other information prescribed in said log by the State Board.

 

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H.         The county board shall certify to the State Board, the completion of each routine

maintenance test and/or pre-qualification test.  All documentation and/or test

decks, simulation cartridges and any test data including but not limited to copies

of ballot programming used for required maintenance tests shall be maintained

in secure locked storage for two years after the election, pursuant to Election

Law Section 3-222.  Such certification shall be on a form prescribed and

furnished by the State Board, and shall be accompanied by copies of each

maintenance log.

 

Comment 14

 

PROBLEM LANGUAGE

                                  Such certification shall be on a form prescribed and

furnished by the State Board, and shall be accompanied by copies of each

maintenance log.

 

SUGGESTED CHANGE

Such certification shall be on a form prescribed and

furnished by the State Board, and shall be accompanied by copies of each

maintenance log. ALL SUCH INFORMATION SHALL BE AVAILABLE FOR INSPECTION BY THE PUBLIC UPON REQUEST AT THE OFFICES OF THE COUNTY BOARD AND AT THE STATE BOARD.

 

WHY

The public is the primary stakeholder in the conduct of elections. These regulations should explicitly recognize that members of the public can have access to all records upon request.

 

I.          Each county shall keep a detailed log of maintenance performance and testing

procedures.  Such logs shall be in a format provided by the State Board and the

same shall have been reviewed by the vendor.

 

J.         Such logs shall be provided quarterly to or as requested by the State Board, for

their review and inspection, and shall be made available to the public. 

 

K.         The State Board may, upon review of the maintenance logs, require further

testing of any such piece of equipment or may remove a piece of equipment

from use in an election until further examination and testing has been completed,

or may rescind certification pursuant to Part 6209.8 of the State Board

Regulations.

1)         The State Board may reinstate the certification if the equipment passes

 

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these further tests, and a review of the maintenance logs supports such

reinstatement.

2)         County boards shall make the system or equipment available to the State

Board for any such additional testing and shall provide such assistance as

may be deemed necessary.

 

L.         During the initial time period in which such system or equipment is used, to

include a primary election and a general election, the State Board shall assist in

the routine maintenance, testing and the operation of the voting machines or

systems.  Such assistance shall include but not be limited to:

1)         election configuration and ballot configuration related to voting system

testing and use

2)         pre-qualification and post-election tests

3)         election day support, via phone, email, facsimile or on-site, as necessary

4)         post-election support, to include recanvass, challenges, and audit

conducted pursuant to Election Law Section 9-211 

5)         staff training

6)         defining personnel requirements and tasks

7)         defining procedures for pre-qualification, post-election, and maintenance

tests

8)         defining procedures for canvassing and recanvassing votes cast in an

election

 

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M.        During successive years, the State Board, whenever it deems necessary, or at

the request of a county board, may assist in any or all aspects of the operation of

the system.

 

Section 6210.3 Submission of Procedures for Unofficial Tally of Results of

Election

County boards which adopt procedures pursuant to Election Law Section 9-

126(3) shall file such procedures with the State Board of Elections.

 

Section 6210.4 Demonstration Models

A.         During the first five (5) years after purchase, any county which purchases voting

equipment systems shall provide a model, diagram, video or other electronic

instruction (example CD ROM) of such voting system's equipment for each

polling place in its jurisdiction.

 

Comment 15

 

PROBLEM LANGUAGE

A. During the first five (5) years after purchase, any county which purchases voting

equipment systems shall provide a model, diagram, video or other electronic

instruction (example CD ROM) of such voting system's equipment for each

polling place in its jurisdiction.

 

SUGGESTED CHANGE

A. During the first five (5) years after purchase, any county which purchases voting

equipment systems shall provide a model, diagram, video or other electronic

instruction (example CD ROM) AND APPROPRIATE EQUIPMENT FOR VIEWING AND/OR LISTENING TO SUCH INSTRUCTION ON such voting system's equipment for each polling place in its jurisdiction.

 

WHY

A video or CD ROM needs equipment to be played.

 

B.         Any such model, diagram, video or other electronic instruction must be approved

by the State Board and must meet the following specifications:

1)         may not contain the name of any party or independent body which has

been continuously used in New York State.

2)         display a ballot layout which shall consist of at least two party rows and

eight voting positions including at least one multiple-candidate office (vote

 

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for two).

3)         Demonstrate how a voter can:

a)         vote for a candidate, question or proposition.

b)         verify in a private and independent manner the votes selected by

the voter on the ballot before the ballot is cast and counted.

c)         in a private and independent manner to change the ballot or correct

any error before the ballot is cast and counted, including the

opportunity to correct the error through the issuance of a

replacement ballot if the voter was otherwise unable to change the

ballot or correct any error.

d)         cast a write-in ballot.

e)         cast the ballot.

f)          be notified on the effect of the voter casting multiple votes for an

office or proposal in excess of the number permitted.

g)         be notified on the effects of an undervote.

h)         utilize the accept ballot/reject ballot feature, if any is available on

such voting machine or system.

 

C.        If a model is used, each model must:

1)         be no less than 11 inches by 14 inches

2)         be operated by electricity and/or a battery power source 

D.        If a diagram is used it shall be no smaller than 11 inches by 17 inches.

 

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Section 6210.5 Voting System Operations

A.         All voting systems used in New York State shall be used in a manner consistent

with New York State Election Law, these Regulations and the United States

Election Assistance Commission's 2005 Voluntary Voting System Guidelines and

any conditions specified in the State Board's certification of the voting system for

use in New York elections.  

 

B.         Only the county board shall have care, custody and control over all resources for

the purposes of conducting elections, including but not limited to vote counting,

preparation and custody of ballots, system maintenance and all testing.  If it

becomes necessary to transfer control of any equipment to a vendor for repairs,

or to other political subdivisions for use by them in their elections, such voting

systems and/or equipment shall not be used in a live election by the county

board until such time as such equipment is returned to the care, custody and

control of the county board and acceptance testing of each such system or

equipment is performed pursuant to Section 6209.10 of the State Board

Regulations.

             

Comment 16

 

PROBLEM 1

a. Acceptance testing, as specified in Section 6209.10 and other relevant sections, is inadequate to determine whether voting systems have been improperly modified such that election-related software will work corruptly. The reason is that only the voting software has to be tested via the Secure Hash Signature Standard (SHS) validation program. In contemporary computer systems, software operation is dependent on the operating system environment. If that environment is modified, software may operate in an unexpected or corrupt manner.

 

SOLUTION 1

a. All files and file system hierarchical structures need to be tested, so that all changes whatsoever to files and file system hierarchical structures are identified. Every change needs to be examined to determine whether it is benign, such as a log file that contains additional entries due to additional use of the system, or malicious, such as a log file that contains missing or replaced entries. All aspects of the operating system can affect the operation of election-related software, so special attention must be paid to all modifications of the operating system, especially the system’s environment variables and the modification of file system hierarchical structures.

b. Alternatives to the checking described in the previous paragraph may be (1) to reload ALL programming and files, including software, firmware, and file system hierarchies, as if the system were being newly delivered from the vendor, or (2) for the county board to perform a complete backup of all files and file system hierarchies prior to providing a machine for other uses, and to restore the entire system from this backup upon its return to the county.  With these approaches, counters such as the public counter, would not reflect all use made of the system. 

 

PROBLEM 2

The regulations need to deal with an additional problem – the transfer of viruses and malware from polling place voting devices to the Election Management System and other computers used them.  The suggested language in Solution 2 reflects the requirements devised by California Secretary of State Debra Bowen to solve this problem.

 

SOLUTION 2 – SUGGESTED ADDITIONAL LANGUAGE

To prevent the spread of viruses and malware from polling place voting devices to the Election Management System (“EMS”) and other computers that support election activities, three (3) separate, physically isolated EMS computers shall be used to perform three (3) separate functions. Each of the three EMSs should perform only its own function and shall not be connected or in communication in any way to any other EMS or any other computer at any time:

EMS 1: Election Configuration and Download to Voting Machines or System Memory Cards;

EMS 2: Post-Election Central Tabulation;

EMS 3: Erasure of Memory Card Data in Preparation for the Subsequent Election.

 

 

Section 6210.6  Personnel

It is the responsibility of the county board to provide sufficient and appropriate

 

---Page 13 end----------------------------------------------------------------------------------------

 

staff to perform the functions required for successful use of the voting system.  All tasks

shall be defined in written procedures, and personnel assigned shall be thoroughly

trained to carry out their responsibilities.

 

Section 6210.7   Ballots

A.         For the production of paper ballots or ballot faces for DRE voting systems, the

county board shall contract with a printer or use in-house print services that have

 

Comment 17

 

PROBLEM LANGUAGE

county board shall contract with a printer or use in-house print services that have

 

SUGGESTED CHANGE

county board shall contract with a printer or use AN in-house print SERVICE that HAS

 

WHY

Clearer statement.

 

the requisite expertise, staff, and equipment for printing ballots of the complexity

and in the volume required for the conduct of elections in that county, and that

ensures delivery of finished ballots in time to comply with the relevant provisions

of the State election law and the election calendar.

B.         Detailed specifications for production of ballots shall be supplied to the county

board by the voting system vendor.  These shall include but not be limited to

particulars of the system's ballot such as weight, grain and color of stock;

dimensions of ballot faces, ballots and ballot cards; corner cuts; perforations,

both for ballot boundaries and for stub boundaries, when appropriate; ballot

positions, sensitive areas and voting targets; pre-marks for imprinting of ballot

configuration information; printing registration and tolerances; ink; use of drying

powder; and packaging of printed ballots for shipment and for storage until time

of use.  The county board shall transmit these specifications to the printer

chosen to produce its ballots.

 

---Page 14 end----------------------------------------------------------------------------------------

 

C.        In the first year that the voting system is in use, a copy of the final form and

arrangement of each ballot configuration shall be filed with the State Board.

 

D.        Ballots shall be identified by ballot configuration, using marks which are machine

readable and human readable text.

 

Comment 18

 

PROBLEM LANGUAGE

D. Ballots shall be identified by ballot configuration, using marks which are machine

readable and human readable text.

 

SUGGESTED CHANGE

Ballots shall be identified by ballot configuration by using only human readable English text marking which is also machine readable through optical character recognition or other methods.

 

WHY

a. The language of these regulations must be clear that only one set of ballot configuration marks is to be allowed on the ballot, and that this set of marks must be human readable. If a separate, second set of machine-readable marks is allowed to be made on the ballots, errors are inevitable in which the human-readable and machine-readable marks contain different information.

b.  If these regulations allow two sets of marks to be made, then these regulations must require signed, dated and logged documentation that such dual marks have been checked to confirm that the marks provide the same information.

c. The history of dual marks indicates that errors are inevitable and may be frequent.

 

E.         Ballots to be used with poll site optical scan voting systems, shall be in a form

consistent with Election Law Section 7-106.  Each ballot shall have a numbered

stub which can be separated from it along a perforated boundary.  Such ballot

shall be detached from the numbered stub prior to the election inspector giving

the ballot to the voter and be retained by the county board in a manner

consistent with election-related document retention requirements.   

1)         The ballot stubs shall be sequentially numbered, and shall include the

date of the election, the political subdivision in which the ballot is valid,

and in a primary election, the name of the party conducting the primary,

and further, stubs may be color coded, to correspond to same.  

 

Comment 19

 

PROBLEM LANGUAGE

and further, stubs may be color coded, to correspond to same.

 

SUGGESTED CHANGE

and further, stubs may be color coded, to correspond to the color of the ballot.

 

WHY

Clearer statement.

 

2)         Ballot stubs shall include spaces for inspectors to indicate with their

initials, whether the ballot was used for affidavit or emergency purposes. 

3)         Ballots shall be bound in booklets of 100, or in such other increments as a

county board may, by written procedure, deem appropriate.  Binding shall

be by staples, to help ensure ballot accountability.

 

---Page 15 end----------------------------------------------------------------------------------------

 

4)         Ballot booklets shall have a cover, on which shall be printed the date of

the election, the political subdivision in which the ballot booklet shall be

valid, the range of  sequential ballot stub numbers contained therein, and

such other administrative information as the county board may deem

necessary.  In primary elections, booklet covers shall include the name of

the party conducting a primary, and may be color coded, to correspond to

same. 

 

Comment 20

 

PROBLEM LANGUAGE

the party conducting a primary, and may be color coded, to correspond to

same.

 

SUGGESTED CHANGE

the party conducting a primary, and may be color coded, to correspond to

the color used for such party’s ballots.

 

WHY

Clearer statement.

 

5)         When more than one ballot booklet is to be used in any election district, a

transmittal sheet shall accompany the booklets, which shall specify how

many booklets are included in the inspector supply bag, the complete

range of sequential ballot stub numbers for that district, and shall further

provide a space or spaces for inspectors to confirm receipt of all ballots.

6)         Ballot booklet(s) and any transmittal sheet, shall be delivered to

inspectors with other election day supplies, in a separate, secure, sealed

and labeled envelope or pouch.

7)         Only one ballot booklet at a time should be on the inspector table, and the

remaining booklets shall be kept in their secure envelope or pouch, in the

inspector supply case.

8)         When all ballots in a booklet have been used, leaving only the cover and

the stapled pad of stubs, such booklet shall be returned to the ballot

booklet envelope/pouch and the next appropriately numbered ballot

booklet shall be removed for use.

 

---Page 16 end----------------------------------------------------------------------------------------

 

9)         After the close of polls, the transmittal sheet shall be completed by the

inspectors, indicating which booklets were completely used, partially used,

or not used.  The ballot booklet envelope/pouch shall be sealed and

returned to the county board with all other election day supplies.

 

F.         The county board shall cause its respective printer(s) to certify to the county

board, upon delivery of ballots ordered:

1)         the actual number of ballots printed

2)         the number of ballots delivered, and

3)         that all other ballots printed have been destroyed. 

 

Comment 21

 

PROBLEM LANGUAGE

F. The county board shall cause its respective printer(s) to certify to the county

board, upon delivery of ballots ordered:

1) the actual number of ballots printed

2) the number of ballots delivered, and

3) that all other ballots printed have been destroyed.

 

SUGGESTED ADDITION

The State Board shall cause to be made timely, unannounced inspections of each printer used by each county no less than once per year to confirm that such printers' certifications are accurate. The State Board shall report to the New York State Attorney General any discrepancies found in which a printer’s certifications are not accurate, and the State Board may prohibit the further use of such printer by the counties.

 

WHY

Lack of inspection, enforcement, and penalties encourages fraud.

 

The county board shall inventory all ballots and ensure the security of any and all

ballots while they are in the possession of the county board.

 

G.        For Central Count Paper-Based voting systems, ballots printed for absentee

voting, and those printed for emergency, special and affidavit purposes shall be

tabulated by batch, and be subject to all appropriate provisions of these

Regulations.  The county board shall provide a means by which affidavit,

emergency, and special ballots shall be distinguished from absentee ballots.

 

Section 6210.8 Test Deck Procedures

            Each county board shall prepare a test deck to be used to verify that the voting

 

---Page 17 end----------------------------------------------------------------------------------------

 

system's election configuration and ballot configuration is correct and that the voting

system will accurately cast and count votes within each individual ballot configuration.

 

A.         The ballots shall be voted with a pre-determined number of valid votes for each

candidate, each write-in position, and each voting option on every proposal that

appears on the ballot as certified by the county board in order to verify that the

vote system is programmed to correctly count the ballots.

 

Comment 22

 

PROBLEM LANGUAGE

A.  The ballots shall be voted with a pre-determined number of valid votes for each

candidate, each write-in position, and each voting option on every proposal that

appears on the ballot as certified by the county board in order to verify that the

vote system is programmed to correctly count the ballots.

 

SUGGESTED CHANGE

A.  The ballots shall be voted with a pre-determined number of valid votes for each

candidate, each write-in position, and each voting option on every proposal that

appears on the ballot as certified by the county board.  IN ORDER TO VERIFY THAT THE

VOTE SYSTEM IS PROGRAMMED TO CORRECTLY COUNT THE BALLOTS AND THAT EACH VOTING POSITION FOR EACH BALLOT CONFIGURATION IS TESTED AND CONFIRMED TO FUNCTION PROPERLY, SEPARATELY AND INDEPENDENTLY OF EACH OTHER VOTING POSITION ON ITS BALLOT, SUCH NUMBER OF VALID VOTES SHALL BE UNIQUE FOR EACH SUCH CANDIDATE, WRITE-IN POSITION, AND VOTING OPTION ON EVERY PROPOSAL, AND SUCH NUMBER OF VALID VOTES SHALL BE APPROXIMATELY THE SAME AS OR MORE THAN 50% OF THE NUMBER OF ACTIVE REGISTERED VOTERS WHO ARE ASSIGNED TO VOTE AT THE LARGEST POLL SITE IN THE COUNTY.

TEST DECKS SHALL INCLUDE TEST BALLOTS TO CHECK FOR THE PRESENCE OF ELECTION CONFIGURATIONS THAT ARE ILLEGAL IN THE STATE OF NEW YORK, SUCH AS OPEN PRIMARIES, AS WELL AS TO CHECK FOR THE WRONG BALLOT STYLE.

 

WHY

a. Typically during tests only a small number of votes are entered, with the result that malicious software can use the number of votes entered to distinguished between tests and real elections.

b. Some software errors only show themselves after a large number of entries are made.

c. For these two reasons, in any test that purports to confirm the correct functioning of a voting system, the number of votes entered should be approximately the same as, or should be more than, the number expected to be cast on election day.

d. In other states, voting positions have been inadequately tested by entering the same number of votes on each. If votes are improperly switched by the machine, the errors will not be revealed as long as each tally shows this number of votes. For this reason the suggested change requires that each position be tested with a unique (ie, different) number of votes.

 

                                                                                             The deck includes one

or more ballots that are intended to fail, have been improperly voted, or which

are voted in excess of the number allowed by law, and one or more ballots on

which no votes are cast, in order to test the ability of the system to recognize

and/or notify of an under or over vote.

 

Comment 23

 

PROBLEM LANGUAGE

                                                            test the ability of the system to recognize

and/or notify of an under or over vote.

 

ISSUE

Notification of undervotes can be a form of harassment or embarassment of voters. The State Board should work to eliminate the requirement for undervote notification, or should require the addition of the choice “None of the above” so that voters can indicate that they do not wish to vote for any choice in a particular contest.

 

                                                               If there is more than one ballot

configuration for an election, a separate test deck is created for each ballot

configuration.  In election districts that will utilize a single voting system for two or

more ballot configurations, required testing shall consist of a different test deck

for each ballot configuration to be utilized on such voting system, to ensure that

the addition of multiple ballot configurations has not affected the accurate casting

and counting of votes within individual ballot configurations.

 

B.         Test decks which include sub-decks are created once election configuration and

 

Comment 24

 

PROBLEM LANGUAGE

B. Test desks which include sub-decks are created once election configuration and

 

SUGGESTED CHANGE

B. Test desks may include sub-decks. A sub-deck is a group of ballots designed to test a specific ballot configuration when such group is within a test deck designed to test multiple ballot configurations. Test decks which include sub-decks are created after election configuration and

 

WHY

a. The term "sub-deck should be defined.

b. The word "after" would be clearer than "once."

 

ballot configuration tasks have been completed, and ballot configurations have

been verified, utilizing detailed procedures for preparation of a test deck

prescribed to the county board by the State Board.  Using a tool or tools, (ie

 

Comment 25

 

PROBLEM LANGUAGE

Using a tool or tools, (ie

 

SUGGESTED CHANGE

Using a tool or tools, (such as

 

WHY

The abbreviation "ie" means "that is." The abbreviation "eg" means "for example." Due to the use of "ie" this sentence requires the use of Excel. There are other tools, and Excel should not be required.

 

---Page 18 end----------------------------------------------------------------------------------------

 

Excel) make a test script for each specific ballot within the test deck, such that

 

Comment 26

 

PROBLEM LANGUAGE

Excel) make a test script for each specific ballot within the test deck, such that

 

SUGGESTED CHANGE

Excel) make a test script for each specific ballot CONFIGURATION TO BE TESTED BY the test deck, such that

 

WHY

Clearer statement.

 

when all test ballots within the test deck are completely cast it will accurately test

all positions, undervotes, overvotes, write-in positions, propositions and ballots

that are deliberately designed to fail.

1)         To create a test deck on an optical scan voting system, test ballots must

be marked, following the pattern determined to sufficiently test the ballot

programming, logic, and accuracy. 

a)         For optical scan voting systems, the test deck includes one or more

ballots on which two or more votes are cast for a candidate whose

 

Comment 27

 

DRAFT, PDF LINE 9

ballots on which two or more votes are cast for a candidate whose

 

SUGGESTED CHANGE

ballots on which two or more votes are cast for EACH candidate whose

 

WHY

Clearer statement.

 

name appears on the ballot more than once for the same office in

order to test the ability of the system to count only the first of such

votes for the candidate.

2)         To create a test deck for DRE systems, the creation of a test script is

required, so that the pattern of votes can be followed, to facilitate the

manual casting of same.

a)         For DRE Systems, the test deck includes one or more ballots in

which an attempt is made to cast two or more votes for a candidate

whose name appears on the ballot more than once for the same

office in order to test the ability of the system to accurately cast the

voters choice(s) for such office.

 

Comment 28

 

PROBLEM LANGUAGE

a) For DRE Systems, the test deck includes one or more ballots in

which an attempt is made to cast two or more votes for a candidate

whose name appears on the ballot more than once for the same

office in order to test the ability of the system to accurately cast the

voters choice(s) for such office.

 

SUGGESTED CHANGE

a) For DRE Systems, for any candidate whose name appears on the ballot more than once for the same office, the test deck shall include one or more ballots in which an attempt is made to cast two or more votes for such candidate in order to test the ability of the system to accurately cast the voters choice(s) for such office.

 

WHY

Clearer statement.

 

3)         Assign each ballot in the script a unique ballot number.

4)         Calculate the number of ballots required to conduct each test.  This

 

---Page 19 end----------------------------------------------------------------------------------------

 

calculation is the minimum number of ballots that must be cast on each

voting machine or system where such ballot configuration is programmed,

pursuant to Section 6210.2 C of these regulations.  

 

Comment 29

 

PROBLEM LANGUAGE

4) Calculate the number of ballots required to conduct each test. This

calculation is the minimum number of ballots that must be cast on each

voting machine or system where such ballot configuration is programmed,

pursuant to Section 6210.2.C of these regulations.

 

SUGGESTED CHANGE

4) Calculate the number of ballots required to conduct each test. This

calculation is the minimum number of ballots that must be cast on each

voting machine or system where such ballot configuration is programmed,

pursuant to THE REQUIREMENTS OF THIS SECTION AND Section 6210.2.C of these regulations.

 

WHY

Paragraph 4) reads as if the regulations specified a number of ballots required. Section 6210.2.C merely refers to this section, and the requirements are in this section.

 

C.        Upon creation of a test deck and prior to use in pre-qualification testing, the test

 

Comment 30

 

DRAFT, PDF LINE 5

C. Upon creation of a test deck and prior to use in pre-qualification testing, the test

 

SUGGESTED CHANGE

C. Upon creation of a test deck and prior to ITS use in pre-qualification testing, the test

 

WHY

Clearer statement.

 

deck must be validated by casting the ballots in the test deck on a voting

machine or system, printing out the tabulation report and comparing same to the

predetermined expected results for that test deck to ensure accuracy. Any

corrections to the test deck must be made prior to its use in pre-qualification

testing.  

 

D.        Once a test deck has been validated, test decks are run by a bi-partisan team on

each voting system for which that particular ballot configuration is valid.  The

team shall enter at least one ballot from each sub-deck using each feature

intended for people with disabilities, and enter at least one ballot from each sub-

deck using each language provided on the unit.

 

Comment 31

 

PROBLEM LANGUAGE

                                                                                                                          The

team shall enter at least one ballot from each sub-deck using each feature

intended for people with disabilities, and enter at least one ballot from each sub-

deck using each language provided on the unit.

 

SUGGESTED CHANGE

After manually entering the test deck in the same manner as will be used by most voters on election day, the team shall use each feature intended for people with disabilities to enter the entire test deck again, and shall use each language provided on the unit to enter the entire test deck again. Such testing may be observed by any member of the public who makes a prior request to observe, and may be filmed by county board staff or observers.

 

WHY

a. One ballot is not an adequate test of a voting system's assistive features.

b. The use of assistive devices and alternate language displays in voting systems has resulted in errors different from those that occur when votes are cast in the manner used by most voters. For example, for several years, votes cast using a Spanish language display have been lost by Sequoia systems: www.wheresthepaper.org/Limited_Parallel_Testing_Findings.pdf

and www.wheresthepaper.org/WrongTimeForAnEvoteGlitch.htm

c. One way that testing can be distinguished from real elections by malicious software, is that typically during tests only a small number of votes are entered. Also, some software errors only show themselves after a large number of entries are made. Therefore, in any test that purports to confirm the correct functioning of a voting system, the number of votes entered should be approximately the same as or more than the number expected to be cast on election day.

d. Such testing has the purpose of confirming that each voting position functions properly, separately and independently from each other voting position on the ballot. In other states voting positions have been inadequately tested by entering the same number of votes on each. If votes are improperly switched by the machine, the errors will not be revealed as long as each tally shows the same number of votes. If the test deck is properly designed with a different number of votes to be cast in each voting position, then the voting system will be properly tested by entering the entire deck.

e. The statement would also be clearer with the suggested change.

f. Explicit recognition of the right of the public to observe this testing is crucial for public confidence.

 

                                                                               While one team member casts

votes for the test, the other member shall monitor that votes are cast correctly. 

1)         The test shall be documented by the bi-partisan team, on a log to be

prescribed by the State Board, and the team shall affix their signatures to

the log.  The log shall include but not be limited to:

a)         The date the test was executed.

b)         The names of the persons who performed the test and recorded

 

---Page 20 end----------------------------------------------------------------------------------------

 

the results.

c)         The serial number of the machine on which the test was executed.

d)         The protective counter number of the machine on which the test

was executed as it appeared both at the beginning and conclusion

of testing.

e)         The name or description of the test performed.

f)          The version number of the software under test.

g)         The test result, either 'pass' if the results match the expected

results exactly, or 'fail' if there is even one discrepancy.

 

E.         The bi-partisan team shall compare the accuracy of the results reported by the

 

Comment 32

 

PROBLEM LANGUAGE

The bi-partisan team shall compare the accuracy of the results reported by the

 

SUGGESTED CHANGE

The bi-partisan team shall compare the results reported by the

 

WHY

Clearer statement

 

 

voting system to the expected results and determine if the machine passed or

failed.  Any discrepancies indicate a failure and must be investigated.

1)         If a test deck is run on a DRE, and the pre-determined vote count does

not compare to the results reported by the voting system, the bi-partisan

team shall document the problem, and then compare the paper audit trail

transactions to the unique test ballot scripts, to be sure votes were cast

correctly. 

 

Comment 33

 

PROBLEM LANGUAGE

1) If a test deck is run on a DRE, and the pre-determined vote count does

not compare to the results reported by the voting system, the bi-partisan

team shall document the problem, and then compare the paper audit trail

transactions to the unique test ballot scripts, to be sure votes were cast

correctly.

 

SUGGESTED CHANGE

1) If a test deck is run on a DRE, and the pre-determined vote count IS NOT THE SAME

AS the results reported by the voting system, the bi-partisan

team shall document the problem, and then compare the paper audit trail

RECORDS to the individual test ballot scripts, to DETERMINE WHETHER OR NOT votes were cast correctly.

 

WHY

Clearer statement

 

Any corrections to the test deck itself, or to the casting of the

test deck shall be made, and the test deck shall be re-run until two error-

free test results are produced, pursuant to Section 6210.2 (C)(1) of these

regulations.

2)         If a test deck is run on an optical scan voting system, and the pre-

 

---Page 21 end----------------------------------------------------------------------------------------

 

determined vote count does not match the computer generated tabulation,

then the bi-partisan team shall document the problem and compare the

unique ballot script pattern with the test deck pattern to ensure that the

 

Comment 34

 

PROBLEM LANGUAGE

then the bi-partisan team shall document the problem and compare the

unique ballot script pattern with the test deck pattern to ensure that the

 

SUGGESTED CHANGE

then the bi-partisan team shall document the problem and compare the

votes specified on each individual test ballot script with the votes in the corresponding ballots in the test deck to confirm that the

 

WHY

Clearer statement. The term "pattern" is not defined.

 

test deck was made correctly and that all ballots were run. Any

corrections to the test deck itself, or to the casting of the test deck, shall

be made and the test deck shall be re-run until two error-free test results

are produced, pursuant to Section 6210.2 (C)(1) of these regulations.

 

Comment 35

 

PROBLEM LANGUAGE

be made and the test deck shall be re-run until two error-free test results

are produced, pursuant to Section 6210.2 (C)(1) of these regulations.

 

SUGGESTED CHANGE

be made and the test deck shall be re-run until two CONSECUTIVE error-free test results are produced, pursuant to Section 6210.2 (C)(1) of these regulations.

A MAXIMUM OF 5 TESTS SHALL BE MADE, AND IF 2 CONSECUTIVE ERROR-FREE TESTS ARE NOT PRODUCED, THE MACHINE SHALL BE TAKEN OUT OF SERVICE UNTIL THE REASON FOR SUCH FAILURE IS DIAGNOSED, LOGGED, REPORTED TO THE STATE BOARD, AND MAINTENANCE AND REPAIR HAVE BEEN MADE. ALL OTHER VOTING SYSTEMS OF THE SAME MAKE AND MODEL IN ALL COUNTIES SHALL BE DIAGNOSED TO DETERMINE WHETHER THE SAME FLAW IS PRESENT IN THEM, AND IF SO IT SHALL BE REPAIRED BEFORE THE NEXT USE OF SUCH SYSTEMS IN ANY ELECTION.

 

WHY

a. The regulations should specify a maximum number of re-runs, such as 5. If 5 tests have to be made before 2 consecutive error-free tests are achieved, this means the equipment is working poorly, and the reason for failures should be diagnosed and repaired.

b. Failure of one computer system may indicate that a flaw is present in all systems of the same make and model. The State Board needs to be notified of such problems so that it can alert all counties using the same equipment of the potential flaw in their equipment.

 

3)         If the test deck and voting system fail to produce two consecutive error-

free results, the system shall not be used until such time as the problem is

resolved in a manner consistent with vendor documentation and State

Board procedure. 

 

F.         For DRE systems, the paper audit trail records with the accumulation report shall

be signed by the testing team, then bound and placed in secure storage.  For

optical scan voting systems, the results report shall be signed by the bi-partisan

team, and placed in secure storage.  After all voting systems upon which a

particular ballot configuration is valid have been tested, the test deck shall be

stored with all corresponding reports, audit trails, log sheets and system logs

required to be produced and reviewed pursuant to Party 6210.8(E)(3).

 

Comment 36

 

PROBLEM LANGUAGE

stored with all corresponding reports, audit trails, log sheets and system logs

required to be produced and reviewed pursuant to Party 6210.8(E)(3).

 

PROBLEMS

a. The word "Party" should be "Part".

b. Part 6210.8(E)(3) does not require any reports, audit trails, log sheets and system logs to be produced and reviewed.

 

SOLUTION

Provide a reference to a different part.

 

G.        For Central Count Paper-Based systems, after entering all election ballot codes

and creating header cards, if required by the software, the following verification

 

---Page 22 end----------------------------------------------------------------------------------------

 

procedures shall be performed:

1)                     place one ballot from the appropriate ballot configuration behind each

header card.

2)                     process the complete set of header cards containing the single ballots

against the absentee counting system and ballot counting program.

3)                     if the software rejects a header or ballot card, the cause of the error shall

be ascertained and corrected.

4)                     re-process all cards which generated errors to verify correction.

5)         At the discretion of and mutual agreement of a county board's

commissioners, a resolution may be adopted for a specific election, which

may provide that ballots be canvassed manually, rather than by using the

Central Count Paper-Based voting system.  Such resolution shall be filed

with the county board's official minutes, and notice of the resolution and

decision shall be provided in writing, to the State Board and to all party

chairs and candidates, whose names appear on the ballots to be counted

manually.   The county board shall give written notice, by first class mail,

to the State Board and to all party chairs and candidates who are lawfully

entitled to have their names appear on the ballots, of such resolution.

 

Comment 37

 

PROBLEM LANGUAGE

                                                                     Such resolution shall be filed

with the county board's official minutes, and notice of the resolution and

decision shall be provided in writing, to the State Board and to all party

chairs and candidates, whose names appear on the ballots to be counted

manually.   The county board shall give written notice, by first class mail,

to the State Board and to all party chairs and candidates who are lawfully

entitled to have their names appear on the ballots, of such resolution.

 

PROBLEMS

a. There is no requirement for when the notice must be provided.

b. There is no requirement that notice must be posted in public to notify the public of the county board’s decision.

 

SOLUTION

Include requirements for the minimum required advance notice, and for public notice.

 

Section 6210.9   Vote Tabulation

A.         Preparation of ballots for tabulation by Central Count Paper-Based Systems.

1)                     Ballots shall be reviewed pursuant to the provisions of Section 6210.13 of

 

---Page 23 end----------------------------------------------------------------------------------------

 

these regulations, to determine if the ballot is machine-readable or if the

ballot requires that it be manually counted, then recorded in the official

canvass of the votes for the election.

2)                     Ballots shall be assembled in separate batches by election district unless

otherwise directed by the county board to preserve the secrecy of the

ballot.

 

Comment 38

 

PROBLEM LANGUAGE

2) Ballots shall be assembled in separate batches by election district unless

otherwise directed by the county board to preserve the secrecy of the

ballot.

 

SUGGESTED CHANGE

Eliminate the phrase “unless otherwise directed by the county board to preserve the secrecy of the ballot” or provide specific guidance to describe specifically what circumstances call for such preservation of the secrecy of the ballot.

 

WHY

Failure to separate batches by election district will hamper discovery of auditing problems and their resolution.

 

a.         Each batch shall be identified by a header card and at the end of

all batches there shall be an end- or trailer- card, if required by the

software.  Header and trailer cards shall be visually distinct from

ballots.  Such distinction may be made, for example, by using a

different color card stock, or different edge marking, or by other

appropriate means.

b.         The bi-partisan team of county board personnel shall place header

cards, in order that the votes recorded on each ballot shall be

attributed to the correct election district.  When placing header

cards, as each is placed by one person, the other person shall

verify that the header card is the correct one for the batch of ballots

which follows it and that it is correctly oriented in the batch.

3)         Ballots shall then be fed into the Central Count Paper-Based voting

system.  Following the counting of all ballots, a tabulation report shall be

printed.   Two back-up copies of the tabulation report shall be locked in

secure storage.

 

---Page 24 end----------------------------------------------------------------------------------------

 

4)         Where the number of ballots to be canvassed is small, the county board

may provide for canvassing of the ballots by larger units of representation.

 

B.         Testing During Ballot Tabulation by Central Count Paper-Based Systems.

The system shall be so designed and constructed that, at the discretion of the

county board, it shall be possible to halt the ballot tabulation at a point when a

portion of the election districts have been counted, and run the test deck to

demonstrate, as in the tests listed in Section 6210.2 of these regulations, the

accuracy and dependability of the count without interrupting or affecting any

official tabulation of results that may be on the equipment at that time.

 

C.        Testing Following the Machine Tabulation of Ballots by Central Count Systems.

Immediately following the machine tabulation of the ballots from all the election

districts and the production of the county-wide totals of votes, the pre-count tests

listed in Section 6210.2, shall be run so as to demonstrate the accuracy and

dependability of the count.  

 

Section 6210.10     Ballot Accounting

A.         Following the counting of all votes in an election, a full accounting of paper

ballots shall be made, and shall be reported on a form to be provided by the

State Board, which shall include:

 

---Page 25 end----------------------------------------------------------------------------------------

 

1)         For each entire election and for each ballot configuration used in it, the

number of paper ballots shall equal the sum of paper ballots issued to

voters and paper ballots not issued to voters, returned but not sent for

tabulation because the voter voted at the polls, ballots spoiled, and paper

ballots not returned.  In each category of ballots issued, the report shall

specify how many, if any, and in what category any emergency or affidavit

ballots were used.

2)         For each entire election and for each ballot configuration used in it, the

number of paper ballots not issued to voters shall equal the sum of the

number of paper ballots used for testing/sample purposes and paper

ballots remaining unissued and unused.

 

B.         The ballot accounting report shall be attested to by the county board

commissioners and shall be retained in accordance with Election Law Section 3-

222.

 

Section 6210.11     Voting Systems Security

            County board election officials shall take all steps necessary to ensure that the

voting systems and election processes entrusted to them are protected against errors,

accidents and malicious or fraudulent manipulation, consistent with voting system

security procedures developed by the State Board 

 

---Page 26 end----------------------------------------------------------------------------------------

 

A.         The county board shall establish procedures and policies which protect the

voting system facility itself, the voting systems stored therein, and servers and

computer systems used therein.  The county board shall also ensure that any

security features or processes recommended by the vendor, such as virus

protections, shall be implemented.   The county board shall further provide within

the facility, locked, secure storage for all ballots, system test materials, copies of

software, copies of ballot programming, programming devices, memory devices,

disability access devices, voting system keys, key cards, and all ancillary devices

or voting system components and materials. 

 

B.         County boards shall adopt security procedures which restrict and document all

access to voting systems, computer systems, software, firmware, system

components, programming, test materials and any other ballot creation, counting

or other system components.   All programming, maintenance testing, pre-

qualification and post-election testing and canvassing/recanvassing, shall be

conducted by bi-partisan teams and be performed in secure, restricted-access

space, and logs shall be maintained indicating task/staff assignments, time in

and out, security password change dates and other such pertinent data.

 

C.        Internal security procedures shall require the frequent changing of passwords at

established intervals, including prior to setup for use in any election. 

1)         If at any time the county board discovers that any password has been

 

---Page 27 end----------------------------------------------------------------------------------------

 

lost, shared or otherwise compromised, all passwords shall be changed. 

2)         If persons with administrative passwords are assisting in the performance

of election tasks not related to the administration of the voting system,

they shall perform such work using their staff password, and not their

administrative password.

 

D.        The county board shall maintain a log, in a manner prescribed by the State

Board, which clearly tracks a chain of custody for each voting system. 

1)         A log shall be maintained for each voting system, identifying the

placement of and serial number on each tamper-evident seal used to

secure the voting system and its devices while in the custody of the

county board, used to secure the device for delivery to poll sites, and for

the securing and return of same, after the close of polls. 

a)         At any stage of the administration, programming or conduct of an

election, if a tamper-evident seal is found to have been

compromised, or if serial numbers as logged do not match those on

the device, the matter shall be immediately documented and

investigated. 

 

Comment 39

 

PROBLEM LANGUAGE

a) At any stage of the administration, programming or conduct of an

election, if a tamper-evident seal is found to have been

compromised, or if serial numbers as logged do not match those on

the device, the matter shall be immediately documented and

investigated.

 

PROBLEM

"Immediately," "documented" and "investigated" are vague.

 

SOLUTION

a.  A specific time period should be specified.

b. The State Board should provide a form for documentation of such problems.

c. The regulations should provide guidance for the investigation, including the time frame within which the matter must be brought to the attention of the State Board, law enforcement and the public.

 

b)         The county board shall adopt procedures which direct their actions

in such investigations, and which identify methods for the resolution

or amelioration of such breaches of security.

2)         A copy of county board security procedures and policies shall be filed with

 

---Page 28 end----------------------------------------------------------------------------------------

 

the State Board upon adoption.

 

E.         The Voting System Supporting Software, the Election Management Software

(EMS) and the specific election configuration and ballot configuration for each

election shall be maintained under control of the county board and placed in

secure locked storage at all times when not in use.  Master copies of all election

configuration and ballot configuration shall be retained in secured locked storage

as designated by the county commissioners and separate from the location of

working copies, from the time of completion of pre-qualification demonstration

testing and for as long after the election as required by law, these regulations, as

ordered by a court, or as directed by the State Board.

 

Comment 40

 

PROBLEM

The regulations do not explicitly recognize the right of the public to view the election configuration and ballot configuration copies.

 

SUGGESTED ADDITIONAL LANGUAGE

Such election configuration and ballot configuration copies shall be made available to be viewed by any member of the public upon request.

 

F.         The county board shall enforce the provisions of the Election Law which relate to

canvassing and recanvassing of votes cast in an election, as well as these

Regulations and directives of the State Board. 

 

G.        The voting system and any computers or other peripheral devices shall be

dedicated solely to election configuration, ballot configuration (layout) and vote

counting functions, including tests conducted pursuant to Section 6210.2.  The

system shall not be capable of being networked: no modem, telecommunications

nor wireless communications devices may be components of a voting system,

and no other unapproved software or hardware may run at any time. 

 

Comment 41

 

PROBLEM LANGUAGE

                                                                                                                      The

system shall not be capable of being networked: no modem, telecommunications

nor wireless communications devices may be components of a voting system,

and no other unapproved software or hardware may run at any time.

 

PROBLEM

The sentence specifies a list of examples of prohibited communications components but fails to specify “nor any other networking or communications components of any kind that may be developed after these regulations are adopted.”

 

SOLUTION

Add the phrase "nor any other networking or communications components of any kind  that may be developed after these regulations are adopted."

 

---Page 29 end----------------------------------------------------------------------------------------

 

H.         Audit records shall be prepared for all phases of election configuration and ballot

configuration using devices under the care, custody and control of the county

board.

 

Comment 42

 

PROBLEM LANGUAGE

H. Audit records shall be prepared for all phases of election configuration and ballot

configuration using devices under the care, custody and control of the county

board.

 

SUGGESTED REPLACEMENT LANGUAGE

H. Both manually written and computerized records that log all activities performed with each voting system, including but not limited to all phases of election configuration and ballot configuration, service, maintenance and testing, shall be created at the time each activity is performed by using devices under the care, custody and control of the county board, so that reviews and audits of all activities can be performed.  Such audit records shall be made available to be viewed by any member of the public upon request.

 

WHY

a. The phrase “Audit records” is vague.

b. The regulations do not explicitly recognize the right of the public to view such records.

 

              Such audit records shall address the election configuration and ballot

configuration phase, pre-qualification tests, and voting and ballot-counting

operations.  The Voting System Supporting Software shall log and report audit

data such that:

1)         Systems shall provide the capability to create and maintain a real-time

audit record to record and provide the operator or election inspector with

continuous updates on voting system status.

2)         All systems shall include a real-time clock as part of the system's

hardware.  The system shall maintain an absolute record of the time and

date or a record relative to some event whose time and data are known

and recorded.

 

Comment 43

 

PROBLEM LANGUAGE

The system shall maintain an absolute record of the time and

date or a record relative to some event whose time and data are known

and recorded.

 

SUGGESTED REPLACEMENT

date or a record relative to some event whose time and DATE are known

 

SUGGESTED ADDITION

All manually written records should include the date and time, as well as the signatures of bi-partisan personnel who performed or observed the activity with the voting system.

 

WHY

a. The word “data” is a typo.

b. Computer systems clocks, as well as computerized records of the time and date when an event occurred, can be easily changed.

 

3)         All audit record entries shall include the time-and-date stamp.

4)         The generation of audit record entries shall not be able to be terminated

or altered by program control, hardware control or by the intervention of

any person. 

 

Comment 44

 

PROBLEM LANGUAGE

4) The generation of audit record entries shall not be able to be terminated

or altered by program control, hardware control or by the intervention of

any person. 

 

SUGGESTED REPLACEMENT

Computerized audit records from each system shall be written to a write-once medium on an hourly basis, and shall be printed on paper daily during the period of time from when such system begins to be  prepared for use in an election until the final results of all contests in such election are certified. Such write-once medium and such paper printouts shall become part of the permanent record associated with such systems, and shall be kept for two years. Such printouts shall be made available to be viewed by any member of the public upon request.

 

WHY

a. The capability described in paragraph 4) does not exist in any computer system. The inclusion of this requirement in the regulations discredits the state.

b. A modest increase in security can be achieved by writing to write-once media and by printing the audit logs on a regular frequent basis and examining such media and printouts to discover missing or changed portions.

 

                The physical security and integrity of the record shall be

maintained at all times.

5)         The system shall be capable of printing a copy of the audit record.

6)         Any and all reports produced by the printer shall be retained by the county

board in accordance with Election Law and these Regulations.

 

Comment 45

 

PROBLEM LANGUAGE

6) Any and all reports produced by the printer shall be retained by the county

board in accordance with Election Law and these Regulations.

 

SUGGESTED ADDITIONAL LANGUAGE

Such reports shall be made available to be viewed by any member of the public upon request.

 

WHY

The public is the primary stakeholder in the conduct of elections and should have the explicit right to view all records.

 

---Page 30 end----------------------------------------------------------------------------------------

 

I.          All vote counting programs, including the voting system supporting software and

the specific election configuration and ballot configuration coding for each

election, shall be available for inspection by the State Board.

 

Comment 46

 

PROBLEM LANGUAGE

shall be available for inspection by the State Board.

 

SUGGESTED ADDITIONAL LANGUAGE

Add the phrase "AND SHALL BE MADE AVAILABLE TO BE VIEWED BY ANY MEMBER OF THE PUBLIC UPON REQUEST."

 

WHY

The public's rights to oversight of election administration should be explicitly mentioned.

 

J.         The county board shall adopt a contingency plan, which addresses how an

election shall be configured, tested, conducted, and tabulated, in the event of an

unanticipated or unavoidable event.  Such plan shall, at a minimum, identify an

alternate site within the county, from which election management, administrative

or canvassing tasks can be conducted, in the event their own facility is

unavailable to them or otherwise compromised.

 

K.         Following voting and ballot accounting, the ballots for each election district shall

be reassembled, packaged, sealed and labeled. 

1)         The county board shall develop a written plan for the retention and

storage of the foregoing, and any other data processing materials related

to the vote counting, and of all documentation of the election. 

2)         All such ballots, materials and documents shall be placed in locked

storage in a secure location and shall remain there until the expiration of

the period for challenging elections and for as long as required by law,

State Board Regulations, or unless a court orders their release. 

L.         Voting systems and election management systems shall be implemented such

 

---Page 31 end----------------------------------------------------------------------------------------

 

that the county board's voting system will only accept election configuration and

ballot configuration from that board's election management system and an

election management system will only accept results from that board's voting

systems, unless two or more county boards enter into a mutually-acceptable

written agreement to share election configuration and ballot configuration

programming services.  A copy of such written agreement shall be filed with the

State Board.

 

Comment 47

 

PROBLEM LANGUAGE

A copy of such written agreement shall be filed with the

State Board.

 

SUGGESTED ADDITIONAL LANGUAGE

Add the phrase "AND SHALL BE MADE AVAILABLE BY THE COUNTY BOARD AND THE STATE BOARD TO BE VIEWED BY ANY MEMBER OF THE PUBLIC UPON REQUEST."

 

WHY

The public's rights to oversight of election administration should be explicitly mentioned.

 

 

Section 6210.12     Procedures

 

The county board shall adopt written procedures to further implement those

provisions of the Election Law, the State Board Regulations and the United States

Election Assistance Commission's 2005 Voluntary Voting System Guidelines and any

conditions specified in the State Board's certification of the voting system for use in

New York elections.   Such procedures shall include, but not be limited to, ballot

security, ballot distribution and counting, the challenge process and systems evaluation.

 Such procedures shall also include security provisions covering the physical protection

of facilities, data and communications access control, internal procedural security,

contingency plans, and standards for programming, acceptance testing, audit trails and

documentation.  The State Board shall develop guidelines for the development of

security procedures.  All procedures shall be submitted to and approved by the State

Board prior to the first use of these systems in an election.

 

Comment 48

 

PROBLEM LANGUAGE

All procedures shall be submitted to and approved by the State

Board prior to the first use of these systems in an election.

 

SUGGESTED ADDITIONAL LANGUAGE

Add the phrase "and shall be made available by the county board and the state board to be viewed by any member of the public upon request."

 

WHY

The public's rights to oversight of election administration should be explicitly mentioned.

 

 

---Page 32 end----------------------------------------------------------------------------------------

 

Section 6210.13  Standards for Determining Valid Votes

            The State Board hereby adopts the following regulations to provide for uniform,

non discriminatory standards for establishing what constitutes a vote and what shall be

counted as a vote for all categories of voting systems and voting procedures used in

New York.

            The following standards shall apply in determining whether a ballot has been

properly voted and whether a vote should be counted for any office or ballot question.

A.         The following general standards shall apply in the counting of all ballots and

votes, regardless of the voting system used:

1)         A ballot that is marked or signed by the voter in such a way that it can be

identified from other ballots must be voided and none of its votes counted.

 Examples of such markings include, but are not limited to:

 

Comment 49

 

PROBLEM

Pictures of ballot markings are useful and should be included, but the section with graphic Ballot Examples was deleted.

 

SOLUTION

The section with Ballot Examples should be restored.

 

                                                                                                voter

signature, initials, voter name and address, voter identification number,

messages or text, or unusual markings not related to indication of the vote

choice for a contest.  If there are distinctly identifiable markings on one

page of a multiple-page ballot, the entire ballot must be voided.

2)         A vote for any candidate or ballot measure shall not be rejected solely

because the voter failed to follow instructions for marking the ballot.  If, for

any reason, it is impossible to determine the choice of the voter for any

candidate or ballot question, the vote for that candidate or ballot question

shall be considered void.

3)         A mark is considered valid when it is clear that it represents the voter's

 

---Page 33 end----------------------------------------------------------------------------------------

 

choice and is the technique consistently used by the voter to indicate his

or her selections.  Such marks may include, but are not limited to, properly

filled in voting position targets, cross mark "X", a checkmark "?", circles,

completed open arrow "?", or any other clear indication of the voter's

choice.

a)         A mark crossed out by the voter, an erasure, or words such as 'no'

next to a candidate's name or a voting position target area for a

ballot question shall not be considered to be a valid vote but will,

instead, be deemed an indication that the voter did not choose to

cast a vote for that candidate or measure and the vote for that

candidate or proposition shall be considered void.

4)         In determining the validity of a partially filled-in voting position target area,

the consistency of a voter's marks on the entire ballot shall be taken into

consideration.  A 'hesitation mark' such as a dot in the voting position

target area shall not be considered a valid mark unless it is demonstrated

that the voter consistently marked his or her ballot in such a manner.

5)         Overvote.  If a contest is marked with a greater number of choices of

different candidates or ballot questions than the number for which he or

she is lawfully entitled to vote, the vote shall not be counted for that

contest, but shall be counted in all other contests in which there are no

overvotes and the voter's choice can be clearly determined.

6)         Undervote.  If a contest is marked with a lesser number of choices of

 

---Page 34 end----------------------------------------------------------------------------------------

 

candidates or ballot questions than the number for which he or she is

lawfully entitled to vote, the votes cast for all otherwise properly marked

candidates or ballot questions shall be counted.

7)         If a ballot is marked in each of two or more target areas or sensitive areas

for a candidate whose name appears on the ballot more than once for the

same office, and the total number of votes cast for such race for different

candidates does not exceed the number for which he or she is lawfully

entitled to vote, only the first vote for such candidate with multiple

markings shall be counted for such candidate.

8)         Ballots that are damaged, torn by the Board of Elections or its agents, or

otherwise non-machine processable as submitted by the voter, shall be

manually counted by a bipartisan team of election inspectors and such

vote totals shall be added to the canvass of such other valid ballots for the

respective office(s) and ballot questions.

9)         Unintended machine marks placed on a ballot by the voting system that

are not made at the direction of the voter shall not invalidate the ballot.

10)       If two or more persons are to be nominated or elected to the same office

or position, a voter may vote for one or more persons whose names do

appear on the ballot and one or more persons whose names do not

appear on the ballot, provided that the total number of votes cast by the

voter for that office or position does not exceed the number of persons to

be elected or nominated to such office or position.

 

---Page 35 end----------------------------------------------------------------------------------------

 

11)       Abandoned Ballot. 

a)         If a voter leaves the voting machine or system without casting their

ballot, a bipartisan team of election inspectors shall cause the

ballot to be cast as the voter left it, without examining the ballot.

b)         If a voter leaves their paper ballot in a privacy booth and leaves the

polling place without first casting that ballot on the voting device,

such ballot shall be marked 'spoiled' and retained by the election

inspectors, accounted for in the Statement of Canvass, and

returned in secure storage with such other spoiled ballots to the

county board.

12)       Write-in votes are votes cast for a person or persons whose name(s) do

not appear on the official ballot. 

a)         Write-in votes for persons whose names appear on the official

ballot for that office or party position shall not be counted. 

b)         A write-in vote may be cast by the use of a name stamp

c)         A write-in vote must be cast in the appropriate place on the

machine, or it shall be void and not counted.

d)         A voter need not write in the first and last name of a candidate in

every situation; the standard is whether the election inspectors can

reasonably determine the intent of the voter when they cast their

ballot.

13)       If a ballot is received that is a federal write-in absentee ballot (pursuant to

 

---Page 36 end----------------------------------------------------------------------------------------

 

42 USC Section 1973ff-2), the county board shall canvass the ballot as

follows:

a)         If the overseas voter designated a candidate by writing in the name

of the candidate or writing in the name of a political party, the vote

is counted for the candidate of that party.

b)         If the overseas voter wrote in only the last name of a candidate

whose name appears on the ballot, the vote is counted for that

candidate.

c)         If the voter wrote in the name of only a candidate for President or

only a candidate for Vice-President whose name appears on the

ballot, the vote is counted for the electors of that candidate.  The

name is entered into the canvass as the official ballot name of the

presidential candidate.

d)         Abbreviations, misspellings or other minor variations in the form of

the name of a candidate or political party shall be disregarded if the

intention of the voter can be ascertained.  The name is entered into

the canvass so that its spelling matches the spelling of the

candidate's official ballot name.  If it is impossible to determine the

voter's choice of a candidate or candidates for an office upon the

official ballot, such vote shall not be counted, but shall be returned

as a blank vote.

 

---Page 37 end----------------------------------------------------------------------------------------

 

 

6210.14                       Standards for Determining Valid Votes on Direct Recording

Electronic (DRE) Equipment.

A.         A vote cast on a DRE voting device shall be the choice made by a voter, not to

exceed the maximum allowable votes per race or question than the number for

which the voter is eligible to vote, by pressing the appropriate sensitive area, or

using an approved accessibility device to cast a vote on the DRE voting device in

a manner to cause an "X", highlight or similar designation to display in the voting

target position of the name of the candidate or ballot question for which the voter

desires to vote, followed by the voter activating the cast vote indicator.

 

B.         To select a candidate or vote on a ballot question, the voter shall:

1)         Press the appropriate sensitive area on the touchscreen, press the button,

target area, or use an approved accessibility device to choose a candidate

or vote on a ballot question for which the voter desires to vote;

2)         Type on the touchscreen, or use the scrolling device to select on the

screen, the letters for the name of a write-in candidate in accordance with

the instructions for voting on the DRE voting system and press the

appropriate place on the touchscreen or press the button to record the

write-in vote in the designated write-in space;

3)         Press the appropriate place on the official ballot to designate a write-in

candidate and write the name of a candidate on the paper provided in the

write-in candidate window; or

 

---Page 38 end----------------------------------------------------------------------------------------

 

4)         Use an approved accessibility device on an accessible voting unit to

signify the voter's selection of a particular candidate or to vote on a ballot

question for which the voter desires to vote.

C.        To Verify Selections.

1)         Allow the voter in a private and independent manner to review and verify

the votes selected by the voter on the ballot before the ballot is cast and

counted, including the opportunity to change the ballot or correct any error

before the ballot is cast and counted, including the opportunity to correct

the error through the issuance of a replacement ballot if the voter was

otherwise unable to change the ballot or correct the error.

 

D.        To cast a ballot, the voter shall:

1)         Press the place on the touchscreen or press the button to activate the

cast ballot indicator, or

2)         Use an approved accessibility device for the accessible voting unit to

signify the voter's desire to cast the ballot.

 

6210.15                       Standards for Determining Valid Votes on Optical Scan Voting

Systems and/or Paper Ballots

A.         Standards Indicating a Valid Vote.  A vote cast on a paper ballot shall be the

choice made by a voter, not to exceed the maximum allowable votes per race or

question than the number for which the voter is eligible to vote, by:  (the

 

---Page 39 end----------------------------------------------------------------------------------------

 

examples below in this section apply to all types of voting position target areas

on ballots, regardless of what form they may take e.g. rectangle, oval, circle,

square, open arrow):

1)         Voter indicates vote choice by consistently filling inside the entire voting

position target;

2)         Voter indicates choice by consistently filling in less than the entire voting

position target for all vote choices on the ballot and the ballot is processed

in a manner consistent with the use procedures provided and approved

for the voting system;

3)         Voter indicates vote choice by consistently placing a distinctive mark, such

as properly filled in voting position targets, a cross mark "X", a checkmark

"?", a circle, or complete an open arrow "?" inside the associated voting

position target area for a candidate choice or ballot question;

4)         Voter marks vote choices by circling the entire voting position target area

for a candidate or ballot question;

5)         Voter writes in or stamps the name of a candidate in the designated write-

in space for that race, even if the write-in square, oval or arrow is not

marked;

6)         A write-in vote in addition to a vote for another candidate for the office,

with a greater number of choices of different candidates than the number

for which he or she is lawfully entitled to vote, the vote shall not be

 

---Page 40 end----------------------------------------------------------------------------------------

 

counted for that contest, but shall be counted in all other contests in which

there are not overvotes and the voter's choices can be clearly determined;

7)         Any ballot which has any other mark or marks in the target area or

sensitive area including circling the target area and/or candidate's name

or making a mark through the target area, provided that the votes do not

exceed the maximum allowable votes per race or question than the

number for which the voter is eligible to vote, shall be counted as a vote

for such candidate(s) or ballot question(s);

8)         Any ballot which has a mark or marks in the target area or sensitive area

for one candidate, which extended partially into one or more other target

areas or sensitive areas, shall be counted as a vote for the candidate so

marked only if it is readily apparent that at least 3/4th of the mark is in that

candidate's area or target area, and no other candidate is similarly

marked;

9)         Any ballot which has a mark that is clearly next to (either before or after) a

candidate's name, or across the name, shall be recognized as a mark and

shall be counted as a vote for the candidate or question so marked; or

10)       Writings or remarks which appear to be ranking the candidates (e.g.

letters, numbers ) shall not be considered valid marks unless the

number of such marks does not exceed the maximum allowable votes per

race than the number for which the voter is eligible to vote.

 

---Page 41 end----------------------------------------------------------------------------------------

 

 

B.         Standards Indicating an Invalid Vote.  A voter's choice shall be considered an

invalid vote, if the:

1)         Voter uses random markings and there is no distinctive and consistent

voting pattern to clearly indicate voter choice(s).

2)         A mark that is between or across more than one candidate's name, target

areas or sensitive areas shall not be recognized as a mark and no vote

shall be counted.

 

C.        Whenever paper ballots are to be counted manually, the county board of

elections shall use the accompanying "Ballot Examples for Counting Paper

Ballots" as guidance for such counts.

 

---Page 42 end----------------------------------------------------------------------------------------

 

6210.16           Ballot Examples for Counting Paper Ballots       

 

Comment 50

 

PROBLEM

Ballot Examples were deleted from Section 6210.16.

 

SOLUTION

Ballot Examples should be restored to Section 6210.16.

 

---Page 43 end----------------------------------------------------------------------------------------

 

 

6210.17           Standards for Determining Valid Votes on Lever Type Voting Machines

            A vote cast on a lever-type voting machine, as specified by the legally valid ballot

instructions, shall be the choice made by a voter, not to exceed the maximum allowable

votes per race or question than the number for which the voter is eligible to vote, by

either operating the lever adjacent to the name of the candidate or ballot question or by

writing or stamping the name of a write-in candidate whose name does not otherwise

appear on the ballot for that office, in or upon the proper receptacle or device provided,

followed by the voter activating the cast vote mechanism.

 

Section 6210.18   Three-Percent (3%) Audit

 

Comment 51

 

PROBLEMS

a. Many individuals and groups have notified the State Board that this section is inadequate and could be greatly improved. Because auditing as specified in this section will not need to be done for more than a year, the State Board does not need to rush to approve this section at this time.

b. The regulations do not provide a means for a losing candidate or member of the public to request and obtain a recount of ballots cast in a contest, or in specific Election Districts or by specific machines.

 

SOLUTION

a. The State Board should delay consideration of approval of Section 6210.18 until further study. Comments 52 through 61 are offered for the improvement of this section, even though the section may be revised so that these comments become no longer relevant.

b. Losing candidates and members of the public should be explicitly given a method by which they may select specific contests, Election Districts, or machines or systems to be audited non-randomly. Any miscounted votes discovered due to recounts requested in this way should be combined with errors found in the random audit, and used in any calculations to determine whether criteria for expanding the audit have been met.

 

A.         As required by Election Law Section 9-211, the board of elections or a bipartisan

 

Comment 52

 

PROBLEM LANGUAGE

A. As required by Election Law Section 9-211, the board of elections or a bipartisan

 

SUGGESTED ADDITIONAL LANGUAGE

A. As required by Election Law Section 9-211, the COUNTY board of elections or a bipartisan

 

WHY

The word "county" was omitted.

 

team appointed by such board shall manually count all votes of the voter

verifiable paper audit trail (VVPAT) from no less than 3% of each type of voting

machine or system used within the county, provided, however, that there shall be

a manual count of at least one of each type of voting machine or system used

therein for each public office and any questions or proposals appearing on the

ballot.  The conduct of such random audit shall be in a manner consistent with

procedures prescribed by the State Board of Elections.

 

B.         The voting machines or systems to be audited to meet the county-wide minimum

requirement set forth in Section A herein shall be selected by lot through a

transparent, random, manual process where all selections of machines or

 

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systems used in the county are equally probable.  The voting machines or

systems to be audited to meet the requirements for a specific contest set forth in

Section A herein shall be selected by lot through a transparent, random, manual

process where all selections of machines or systems used in the contest within

each county are equally probable.  The county boards shall adopt one of the

random, manual selection methods prescribed by the State Board of Elections or

such county board may submit for approval by the State Board a proposed

alternative random, manual selection method.  County Board adoption of the

prescribed random, manual selection method shall take place not later than 45

days after the purchase of a voting system and notice by the County Board of

the adoption of such random, manual selection method shall be filed with the

State Board. 

1)         As required by Election Law Section 9-211, not less than five days prior to

the time fixed for the random selection process, the board of elections

shall send notice by first class mail to each candidate, political party and

independent body entitled to have had watchers present at the polls in

any election district in such board's jurisdiction and to the State Board. 

 

Comment 53

 

PROBLEM LANGUAGE

shall send notice by first class mail to each candidate, political party and

independent body entitled to have had watchers present at the polls in

any election district in such board's jurisdiction and to the State Board. 

 

SUGGESTED ADDITIONAL LANGUAGE

, and such notice shall be posted in public at the offices of the county board of elections.

 

WHY

The public's right to information about the activities of its county board of elections and election administration should be explicitly mentioned.

 

Such notice shall state the time and place fixed for such random selection

process.  Such random selection process shall not occur until after

election day.  Each candidate, political party or independent body entitled

to appoint watchers to attend at a polling place shall be entitled to appoint

 

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such number of watchers to observe the random selection process and

the subsequent audit.

 

Comment 54

 

PROBLEM LANGUAGE

Each candidate, political party or independent body entitled

to appoint watchers to attend at a polling place shall be entitled to appoint

such number of watchers to observe the random selection process and

the subsequent audit.

 

SUGGESTED ADDITIONAL LANGUAGE

At the end of line 2 add the phrase "and any member of the public, upon request, shall be allowed to observe.

 

WHY

The public's rights to oversight of election administration should be explicitly mentioned.

 

2)         Such notice shall also announce the date, time, and location that the

audit shall commence, information on the number of audit teams which

will conduct such audit, and such other information that the County Board

deems necessary.

3)         The county board shall at a single session randomly select from all

machines and systems used within the county in the election so that no

further drawings are required if anomalies are encountered during the

manual audit.  The audit shall commence on the same day as the

random, manual selection process.

 

Comment 55

 

PROBLEM LANGUAGE

The audit shall commence on the same day as the

random, manual selection process.

 

SUGGSTED ADDITIONAL LANGUAGE

ALL SYSTEMS SHALL BE UNDER OBSERVATION BY WATCHERS REPRESENTING EACH CANDIDATE, POLITICAL PARTY OR INDEPENDENT BODY ENTITLED TO APPOINT WATCHERS TO ATTEND AT A  POLLING PLACE, AS WELL AS ANY MEMBER OF THE PUBLIC WHO REQUESTS TO OBSERVE THEM, FROM THE CLOSE OF VOTING ON ELECTION DAY UNTIL THE COMPLETION OF THE AUDIT AND CERTIFICATION OF THE RESULTS.

 

WHY

a. "on the same day" is vague and could allow many hours delay between selection of systems to be audited and beginning of the audit. Systems are vulnerable to tampering at all times, but during such time between selection of systems to be audited and beginning of the audit, systems are especially vulnerable.

b. The public should have explicit right to observe systems at all times.

 

4)         Prior to auditing the audit records, the county board shall distribute to

those in attendance at the audit session, copies of the a list showing the

 

Comment 56

 

PROBLEM LANGUAGE

those in attendance at the audit session, copies of the a list showing the

 

SUGGESTED REPLACEMENT

those in attendance at the audit session, copies of the list showing the

 

WHY

Correct a typo.

 

number of machines and systems needed to meet the audit requirement

for each contest and any questions or proposals, and the unofficial vote

results per voting machine or system selected for audit. 

 

C.        For each voting machine or system subject to be audited, the manual audit shall

consist of a manual tabulation of the voter verifiable paper audit trail records and

 

Comment 57

 

PROBLEM LANGUAGE

consist of a manual tabulation of the voter verifiable paper audit trail records and

 

SOLUTION

Append an additional sentence to paragraph C. to the define the term “voter verifiable paper audit trail records.” THE TERM “VOTER VERIFIABLE PAPER AUDIT TRAIL RECORDS” MEANS, FOR DRE VOTING SYSTEMS, THE PAPER PRINTOUT WITH THE LIST OF EACH VOTER’S CHOICES VERIFIABLE BY EACH VOTER PRIOR TO CASTING HIS OR HER ELECTRONIC BALLOT; AND FOR OPTICAL SCAN SYSTEMS, THE TERM MEANS THE VOTER-MARKED PAPER BALLOT.

 

WHY

The term "voter verifiable paper audit trail records" is undefined.

 

a comparison of such count, with respect to all candidates and any questions or

proposals appearing on the ballot, with the electronic vote tabulation reported for

such election district.

 

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1)         A reconciliation report, on a form prescribed by the State Board of

Elections, that reports and compares the manual and electronic vote

tabulations for each audited candidate for each contest and any question

or proposal from each machine or system subject to the audit by election

district, including tallies of overvotes, undervotes, blank ballots, spoiled

ballots and rejections recorded on the VVPAT, along with any

discrepancies, shall be prepared by the board of elections or a bipartisan

 

Comment 58

 

PROBLEM LANGUAGE

discrepancies, shall be prepared by the board of elections or a bipartisan

 

SUGGESTED ADDITIONAL WORD

discrepancies, shall be prepared by the COUNTY board of elections or a bipartisan

 

WHY

The word "county" is omitted.

 

team appointed by such board and signed by such members of the audit

team.

2)         Any discrepancies between the corresponding audit results and initial

electronic vote counts shall be duly noted, along with a description of the

actions taken by the county board of elections for resolution of

discrepancies.  The number and type of any damaged or missing paper

records shall be duly noted.

3)         If any unresolved discrepancy is detected between the manual count

described in Section C above and the machine or system electronic count,

even an unresolved discrepancy of a single vote, the manual count shall

be conducted a second time on such machine or system to confirm the

discrepancy.

 

D.        The reconciliation report required in Section C above shall be transmitted to the

County Board commissioners or their designees upon completion of the initial

 

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phase of the audit for determination on the expansion of the audit conducted

pursuant to Sections E through G herein.

 

E.         The county board shall aggregate the audit results reported pursuant to Section

C (2) herein that are applicable to any contests, questions or proposals.  The

aggregated results for each contest, question or proposal shall be used to

determine whether further auditing is required as follows:

1)         For any contest, question or proposal, an expanded audit will be required

if either or both of the following criteria apply to the aggregated audit

results:

a)         Any one or more discrepancies between the confirming manual

counts described in section C-3 herein and the original machine or

system electronic counts, which taken together, would alter the

vote share of any candidate, question or proposal by one tenth of

one percent (0.1%) or more of the hand counted votes for

respective contests, questions or proposals in the entire sample; or

b)         If discrepancies of any amount are detected between the

confirming manual count described in Section C-3 herein and the

original machine or system electronic count from at least 10% of

the machines or systems initially audited then the board or

bipartisan team appointed by such board shall manually count the

votes recorded on all the voter verifiable paper audit trail records

 

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from no less than an additional 5% of each type of the same type

of voting machine or system which contains any such discrepancy

or discrepancies.

c)         When determining whether discrepancies warrant expanding the

audit, the percentage-based thresholds in this section shall be

rounded down by truncating the decimal portion (with a minimum of

1).   

 

F)         A further expansion of the audit will be required if either or both of the following

criteria apply to the audit results:

1)         For each contest, question or proposal, the county board shall aggregate

the results from the initial audit as required in Section A above and the

expanded 5% audit.  If, such aggregated results of unresolved

discrepancies satisfy the criteria in Section E(1a) above, a further

expansion of the audit will be required. 

2)         For each contest, question or proposal, the county board shall take the

results of the 5% expanded audit under Section E above, and, if such

results of unresolved discrepancies satisfy the criteria n Section E(1b)

above, a further expansion of the audit will be required. 

3)         When an expanded audit is required for a contest pursuant to this section,

each county board or bipartisan team appointed by such board, shall

manually count all voter verifiable paper audit trail records from no

 

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less than an additional 12% of each type of the same type of voting machine

or system which contains any such discrepancy or discrepancies. 

4)         When determining whether discrepancies warrant expanding the audit, all

percentage-based thresholds in this section shall be rounded down by

truncating the decimal portion (with a minimum of 1).

 

 

G)        A further expansion of the audit will be required if either or both of the following

criteria apply to the audit results:

1)         For each contest, question or proposal, the county board shall aggregate

the results from the initial audit as required in Section A above and the

expanded 17% audit.  If, such aggregated results of unresolved

discrepancies satisfy the criteria in Section E(1a) above, a further

expansion of the audit will be required. 

2)         For each contest, question or proposal, the county board shall take the

results of the 12% expanded audit under Section F above, and, if such

results of unresolved discrepancies satisfy the criteria n Section E(1b)

above, a further expansion of the audit will be required. 

3)         When an expanded audit is required for a contest pursuant to this section,

each county board shall manually count all voter verifiable paper

 

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audit trail records from all the remaining unaudited machines and systems where

the contest appeared on the ballot. 

4)         When determining whether discrepancies warrant expanding the audit, all

percentage-based thresholds in this section shall be rounded down by

truncating the decimal portion (with a minimum of 1). 

 

H.         The standards set forth in Sections A-G above are not intended to describe the

only circumstances for a partial or full manual count of the voter verifiable paper

audit record, but instead are designed to set a uniform statewide standard under

which such hand counts must be performed.  The county boards of elections, as

well as the courts, retain the authority to order manual counts of those records in

whole or in part under such other and additional circumstances as they deem

warranted.  In doing so, they should take into consideration: 1) whether the

discrepancies were exclusively or predominantly found on one type of voting

machine or system; 2) the size of the discrepancies; 3) the number of

discrepancies; 4) the percentage of machines or systems with discrepancies; 5)

the number and distribution of unusable voter-verified paper audit trail records as

described in Section J below; 6) the number of cancellations recorded on the

voter-verified paper audit trail records reported pursuant to Section C(1) herein;

and 7) whether, when projected to a full audit, the discrepancies detected (no

matter how small) might alter the outcome of the contest, question or proposal

result.

 

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I.          If the audit officials are unable to reconcile the manual count with the electronic

vote tabulation on a voting machine or system, then the board of elections shall

conduct such further investigation of the discrepancies as may be necessary for

the purpose of determining whether or not to certify the election results, expand

the audit, or prohibit that voting machine or system's use in such jurisdiction.

 

J.         If a complete audit is conducted, the results of such audit shall be used by the

canvassing board in making the statement of canvass and determinations of

persons elected and propositions approved or rejected.  The results of a partial

audit shall not be used in lieu of voting machine or system tabulations, unless a

voting machine or system is found to have failed to record votes in a manner

indicating an operational failure.

 

Comment 59

 

PROBLEM LANGUAGE

operational failure

 

SUGGESTED CHANGE

Define this term and provide a list of examples. Any error made by a computer indicates operational failure.

 

WHY

The term "operational failure" is vague and should be defined. In other states, obvious computer failures have been blamed on voters and poll workers, which has lowered public confidence.

 

                                                       When such operational failure is found, the

board of county canvassers shall use the voter verifiable audit records to

determine the votes cast on such machine or system, provided such records

were not also impaired by the operational failure of the voting machine or

system.  If the voter verified paper audit trail records in any machine or system

selected for an audit are found to be unusable for an audit for any reason

whatsoever, another machine or system used in the same contest shall be

selected at random by the county board to replace the original machine or

system in the audit sample.  All such selections shall be made randomly in the

presence of those observing the audit.  The County Board shall inquire in an

 

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effort to determine the reason the voter verified paper audit trail records were

compromised and unusable and such inquiry shall begin as soon as practicable.

The results of the inquiry shall be made public upon completion.

 

Comment 60

 

PROBLEM LANGUAGE

                                                               The County Board shall inquire in an

effort to determine the reason the voter verified paper audit trail records were

compromised and unusable and such inquiry shall begin as soon as practicable.

The results of the inquiry shall be made public upon completion.

 

SUGGESTED REPLACEMENT

Upon determining that operational failure of a voting machine or system has occurred, or that the voter verified paper audit trail records in any machine or system are unusable for an audit, the County Board shall immediately inform the public, the office of the State Attorney General, and the State Board of this determination. Upon completion of all investigations of the matter, the County Board shall inform all notified parties of what changes the County Board will make in procedures and voting systems to remedy the problem. In the case of an election contest the outcome of which cannot be verified, another election shall be held.

 

WHY

a. Because the term "voter verified paper audit trail records" is undefined in these regulations, it is unclear whether the term refers to both voter-marked paper ballots as well as DRE paper trails. This should be clarified.

b. If such election records are unusable, this is an indication that severe problems and/or irregularities have occurred. The county board should immediately notify all interested parties and stakeholders in the election, including the public, the State Board and law enforcement.

 

K.         Any anomaly in the manual audit shall be reported to and be on a form

prescribed by the State Board and shall accompany the certified election results.

 

Comment 61

 

PROBLEM LANGUAGE

K. Any anomaly in the manual audit shall be reported to and be on a form

prescribed by the State Board and shall accompany the certified election results.

 

SUGGESTED REPLACEMENT LANGUAGE

K. Any anomaly in the manual audit shall, within 24 hours, be reported to the State Board and posted in public at the offices of the county board. Such anomaly shall be described in detail on a form prescribed by the State Board. Such reports may be viewed by members of the public upon request at the offices of the State Board. Examples of anomalies are [[list]].

 

WHY

a. Clearer language.

b. The term “anomaly” is vague, and examples of what an "anomaly" is should be provided.

c. The regulations should explicitly recognize the right of the public to all information about the conduct of elections.

d. Anomalies should be reported immediately.

 

           

Section 6210.19 Minimum Number of Voting Machines

A.         The purpose of these determinations is to establish the minimum number of

required voting machines and privacy booths needed for each polling place

 

Comment 62

 

PROBLEM LANGUAGE

A. The purpose of these determinations is to establish the minimum number of

required voting machines and privacy booths needed for each polling place

 

SUGGESTED REPLACEMENT LANGUAGE

A. THE MINIMUM NUMBER OF

REQUIRED VOTING MACHINES AND PRIVACY BOOTHS NEEDED FOR EACH POLLING PLACE SHALL BE

 

WHY

Clearer sentence

 

based upon the type of voting system and the number of registered voters

(excluding voters in inactive status) assigned to use that specific voting device in

accordance with Election Law sections 7-200 and 7-203.

B.         Determinations by Type of Voting System

1)         Direct Recording Electronic Voting Systems

a)         There shall be at least one direct recording electronic voting device

for every 550 registered voters (excluding voters in inactive status)

at the polling place.

 

Comment 63

 

PROBLEM LANGUAGE

a) There shall be at least one direct recording electronic voting device

for every 550 registered voters (excluding voters in inactive status)

at the polling place.

 

SUGGESTED REPLACEMENT LANGUAGE

a) There shall be at least one direct recording electronic voting device

for every 200 registered voters (excluding voters in inactive status)

at the polling place.

 

WHY

550 voters per DRE would result in long wait times for many voters. The experience of all other states using DREs indicates that approximately 200 registered voters may be served by one DRE. www.nyvv.org/newdoc/StateTimingData.pdf and www.nyvv.org/voterlines.shtml

and www.wheresthepaper.org/PeakHoursWaitTimeReport.pdf   Although the State Board commissioned a study by AIR, the public has raised questions about this study that were never answered, and the study itself was never published in final form.

 

2)         Precinct Based Optical Scan Voting Systems

A.         There shall be at least one scanning device for every 4000

registered voters (excluding voters in inactive status) at the polling

place.

 

Comment 64

 

PROBLEM LANGUAGE

A. There shall be at least one scanning device for every 4000 registered voters (excluding voters in inactive status) at the polling place.

 

SUGGESTED REPLACEMENT LANGUAGE

A. If scanning devices provide undervote notification to voters at the time voters insert their marked ballot into the scanning device, there shall be at least one scanning device for every 1500 registered voters (excluding voters in inactive status). If scanning devices do not provide such undervote notification to voters, there shall be at least one scanning device for every 4000 registered voters (excluding voters in inactive status).

 

WHY

Undervote notification will be confusing and embarassing to voters, and in many cases will result in long conversations between voters and poll workers in front of the scanner.  

 

B.         Privacy Booths:

(i)         There shall be at least one privacy booth for every 300

 

---Page 53 end----------------------------------------------------------------------------------------

 

registered voters (excluding voters in inactive status), except

that in a general election for governor, or at elections at

which electors for President of the United States are

selected there shall be at least one privacy booth for every

250 registered voters (excluding voters in inactive status).  

(ii)        At polling places that accommodate more than 6000

registered voters (excluding voters in inactive status), there

shall be one privacy booth for every 350 registered voters

(excluding voters in inactive status) in a general election for

governor, or at elections at which electors for President of

the United States shall be selected; and one privacy booth

for every 400 active voters in all other elections.

(iii)       A sufficient number of the privacy booths must be accessible

to voters with disabilities.

 

C.        Obligations of the County Boards of Elections

 

1)         County boards shall deploy sufficient voting equipment, election workers

and other resources so that voter waiting time at a poll site does not

exceed thirty minutes.

 

Comment 65

 

PROBLEM LANGUAGE

1) County boards shall deploy sufficient voting equipment, election workers

and other resources so that voter waiting time at a poll site does not

exceed thirty minutes.

 

SUGGESTED ADDITIONAL LANGUAGE

Door clerks at each poll site shall provide each voter with a card that is time-stamped when the voter arrives, and shall retrieve such card and stamp it again when the voter leaves. County Boards shall select the two busiest poll sites in their jurisdiction and tabulate the minimum, maximum and average wait times by the use of such cards and file a report of such times with the State Board within one month after each election. Such reports shall be posted in public at the offices of the county board, and may be viewed by any member of the public upon request at the offices of the State Board.

 

WHY

There is no requirement for county boards to keep track of voter wait time.

 

                                                Each county board of elections may increase in a

non-discriminatory manner, the number of voting devices used in any

specific polling place.

2)         The inspectors in each election district shall record the number of persons

using audio, tactile or pneumatic switch ballot devices. The county board

of elections shall furnish additional voting machines equipped with audio,

tactile or pneumatic switch ballot devices when it appears that the number

of persons historically using such devices warrant additional devices.

 

---Page 54 end----------------------------------------------------------------------------------------

 

D.        The State Board of Elections may authorize a reduction in the number of voting

devices provided in these regulations upon application of a county board of

elections which demonstrates that such a reduction will not create excessive

waiting time by voters.

 

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