[Federal Register: April 12, 2006 (Volume 71, Number 70)]
[Notices]               
[Page 18823-18924]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap06-140]                         
 

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Part II





Election Assistance Commission





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2005 Voluntary Voting System Guidelines; Notice


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ELECTION ASSISTANCE COMMISSION 2005

 
2005 Voluntary Voting System Guidelines

AGENCY: United States Election Assistance Commission.

ACTION: Notice; publication of final 2005 Voluntary Voting System 
Guidelines.

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SUMMARY: The Help America Vote Act of 2002 (HAVA) Section 231 directs 
the U.S. Election Assistance Commission (EAC) to provide for the 
testing, certification, decertification and recertification of voting 
systems. HAVA Section 221 mandates the development of voluntary voting 
system guidelines to support this process. In 2004, the EAC formed the 
Technical Guidelines Development Committee (TGDC) to create an initial 
set of recommendations for the guidelines. The Director of the National 
Institute of Standards and Technology (NIST) chairs the TGDC and NIST 
staff provides technical support for the TGDC's work. This committee of 
fifteen experts began their work in July 2004 and submitted their 
recommendations to the EAC in May 2005. EAC reviewed and revised these 
recommendations and published its proposed Voluntary Voting System 
Guidelines in June 2005, 70 FR 37378 (June 29, 2005), beginning the 
ninety-day public comment period. The Commission adopted the 2005 
Voluntary Voting System Guidelines on December 13, 2005. The Guidelines 
published here will be used to test voting systems for national 
certification.

FOR FURTHER INFORMATION CONTACT: Brian Hancock (Election Research 
Specialist), Washington, DC, (202) 566-3100, Fax: (202) 566-3127.

SUPPLEMENTARY INFORMATION:

Public Comment Process

    HAVA requires publication of the proposed guidelines for public 
comment. HAVA further mandates a public hearing about the proposed 
guidelines. In addition, the guidelines must be reviewed by the EAC 
Board of Advisors and the EAC Standards Board.
    EAC posted the proposed guidelines on its Web site and made the 
document available to the public in hardcopy and CD-ROM. Notice of the 
public comment period was published in the Federal Register. Both the 
Federal Register notice and the Web site provided instructions for 
submitting comments on-line, as well as by e-mail, postal mail and 
facsimile. EAC conducted three public hearings in the following 
locations: New York City; Pasadena, California: and Denver, Colorado. 
At these hearings, testimony was received from state and local election 
officials, the vendor community, the testing laboratories, public 
interest groups, academics, voting system experts, and members of the 
general public. All comments received were posted on the EAC Web site. 
The document was distributed to the Board of Advisors and the Standards 
Board. Each board conducted a two-day meeting to formulate 
recommendations.

Discussion of Comments

    The EAC received 6,576 comments on the guidelines. Of this number, 
4,300 were emails requesting that EAC to require voter verifiable audit 
trail capability for all electronic voting systems. The remaining 2,276 
comments covered various sections of the document. Of this set, the 
majority were submitted by individuals--776 comments. The next largest 
number of comments (684) came from system vendors, testing 
laboratories, and other corporate entities. Public interest groups 
submitted 436 comments. Election and other government officials 
submitted 218 comments, and 162 comments were submitted by academics.
    Some comments were of a general nature that did not specifically 
relate to the Guidelines document. The comments from the testing 
laboratories, system vendors and other corporate entities addressed 
voting system functional requirements and independent dual verification 
systems. Public interest groups focused their attention predominantly 
on usability and accessibility requirements for voting systems and for 
voter verifiable paper audit trails. Election officials commented on a 
variety of topics including accessibility, security, wireless 
communications, and voter verifiable paper trails. The academic 
community commented principally on security.
    Volume 1, Voting System Performance Guidelines, received a total of 
1,660 comments. The subject area that received the most comments was 
security (471), followed by the glossary (367), usability and 
accessibility (361), and voting system functional requirements (267). 
Volume 2, National Certification Testing Guidelines, received a total 
of 167 comments on a variety of topics: software testing (31), 
documentation (24), and hardware testing (11).

Consideration of Comments

    The EAC reviewed and considered each comment. In some instances, 
EAC also gathered more information and performed additional research 
regarding the suggestions. There were 404 comments requiring extensive 
research that were forwarded to the TGDC for future consideration.
    Similarly, many comments (73) dealt with election administration 
and procedural matters, which fall outside the scope of the VVSG. These 
comments were forwarded to EAC's Management Guidelines Working Group, 
which is developing a companion document covering these topics.

Changes to VVSG

    The VVSG have been enhanced in response to comments received. The 
document has been reorganized and reformatted. Usability and 
accessibility requirements were removed from the functional 
requirements section and placed in a separate section. The glossary was 
revised to clarify definitions. Information about independent 
verification systems was incorporated into the security section to 
provide context for the voter verifiable paper audit trail 
requirements. Best Practices for Election Officials (Appendix C in the 
proposed guidelines) was removed and forwarded to the Management 
Guidelines Working Group for consideration.
    The substantive changes made to the functional requirements section 
brought the language into conformance with HAVA requirements and 
clarified the technical specifications regarding environmental 
standards. Many comments about this section were carried over for 
future TGDC consideration because they related to complex topics such 
as specific testing protocols and software coding standards.
    The principal substantive changes to security requirements were as 
follows: clarification of language regarding software distribution and 
generation of reference information; clarification of wireless 
communication discussion and requirements language; revision to VVPAT 
requirements related to the topics of ``Approve or Spoil the Paper 
Record,'' ``Equipment Security and Reliability,'' ``Preserve Voter 
Privacy,'' and ``Electronic and Paper Record Structure.''
    The most significant changes overall were on the topics of 
usability and accessibility. These requirements were placed in their 
own section to reflect their importance and in anticipation that they 
will continue to expand over time. Usability requirements were placed 
first in the new section because these requirements apply to all voting 
systems. Alternative language requirements were placed under the

[[Page 18825]]

usability heading because these apply to all voting systems.
    Several requirements regarding system navigation and controls were 
made mandatory for usability, as well as the requirement for vendors to 
conduct and document summative usability testing during system 
development. Requirements for accessible voting systems, including the 
use of personal assistive devices, buttons and controls, speech quality 
for audio ballots, limited dexterity accessibility, and voter 
verifiable paper audit trail accessibility were changed from permissive 
to mandatory. In addition, summative accessibility testing and 
documentation by vendors was made mandatory. A complete discussion of 
how comments to the VVSG were handled can be found on the EAC Web site 
at http://www.eac.gov.


Effective Date

    The guidelines will take effect in December 2007 (24 months), at 
which time voting systems will no longer be tested against the 2002 
Voting System Standards (VSS) developed by the Federal Election 
Commission (FEC). However, states may decide to adopt these guidelines 
before the effective date and EAC anticipates being prepared to certify 
voting systems before the effective date. The effective date was 
adopted to provide testing laboratories time to prepare to test to the 
VVSG, give states time to change their respective laws and statutes 
reflecting EAC's role in the certification process and in recognition 
of efforts to develop voting systems that will meet the requirements of 
the VVSG.

Thomas R. Wilkey,
Executive Director, U.S. Election Assistance Commission.

Voluntary Voting System Guidelines

Table of Contents

Volume I Voting System Performance Guidelines

Overview Voluntary Voting System Guidelines Overview
Section 1 Introduction
Section 2 Functional Requirements
Section 3 Usability and Accessibility Requirements
Section 4 Hardware Requirements
Section 5 Software Requirements
Section 6 Telecommunications Requirements
Section 7 Security Requirements
Section 8 Quality Assurance Requirements
Section Configuration Management Requirements
Appendix A Glossary
Appendix B References
Appendix C Independent Verification Systems
Appendix D Technical Guidance for Color, Contrast, and Text Size

Volume II National Certification Testing Guidelines

Overview Voluntary Voting System Guidelines Overview
Section 1 Introduction
Section 2 Description of the Technical Data Package
Section 3 Functionality Testing
Section 4 Hardware Testing
Section 5 Software Testing
Section 6 System Integration Testing
Section 7 Quality Assurance Testing
Appendix A National Certification Test Plan
Appendix B National Certification Test Report
Appendix C National Certification Test Design Criteria

Voluntary Voting System Guidelines

Volume I

Voting System Performance Guidelines

Voluntary Voting System Guidelines Overview

Table of Contents

Voluntary Voting System Guidelines Overview
Purpose and Scope of the Guidelines
Effective Date
Summary of Changes
Volume I: Voting System Performance Guidelines Summary
Volume II: National Certification Testing Guidelines Summary
Guide to Section Locations

Voluntary Voting System Guidelines Overview

    The United States Congress passed the Help America Vote Act of 2002 
(HAVA) to modernize the administration of federal elections, marking 
the first time in our nation's history that the federal government has 
funded an election reform effort. HAVA provides federal funding to help 
the states meet the law's uniform and non-discretionary administrative 
requirements, which include the following new programs and procedures: 
(1) Provisional voting, (2) voting information, (3) statewide voter 
registration lists and identification requirements for first-time 
registrants, (4) administrative complaint procedures, and (5) updated 
and upgraded voting equipment.
    HAVA also established the U.S. Election Assistance Commission (EAC) 
to administer the federal funding and to provide guidance to the states 
in their efforts to comply with the HAVA administrative requirements. 
Section 202 directs the EAC to adopt voluntary voting system 
guidelines, and to provide for the testing, certification, 
decertification, and recertification of voting system hardware and 
software. The purpose of the guidelines is to provide a set of 
specifications and requirements against which voting systems can be 
tested to determine if they provide all the basic functionality, 
accessibility, and security capabilities required of voting systems.
    This document, the Voluntary Voting System Guidelines (referred to 
herein as the Guidelines and/or VVSG), is the third iteration of 
national level voting system standards that has been developed. The 
Federal Election Commission published the Performance and Test 
Standards for Punchcard, Marksense and Direct Recording Electronic 
Voting Systems in 1990. This was followed by the Voting Systems 
Standards in 2002.
    As required by HAVA, the EAC formed the Technical Guidelines 
Development Committee (TGDC) to develop an initial set of 
recommendations for the Guidelines. This committee of 15 experts began 
their work in July 2004 and submitted their recommendations to the EAC 
in the 9-month timeline prescribed by HAVA. The TGDC was provided with 
technical support by the National Institute for Standards and 
Technology (NIST), which was given nearly $3 million dollars by the EAC 
to complete this work.
    The EAC reviewed and revised the TGDC recommendations and, as 
required by HAVA, published the proposed Guidelines for a 90 day public 
comment period. The document was also provided to both the Board of 
Advisors and the Standards Board for their review and comment. During 
the comment period the EAC conducted 3 public hearings on the 
Guidelines in New York City, Pasadena and Denver. Over 6000 comments 
were received from the public and the Boards. Each of these comments 
was reviewed and considered by the EAC in consultation with NIST in the 
development of this final version.

Purpose and Scope of the Guidelines

    The purpose of the Voluntary Voting System Guidelines is to provide 
a set of specifications and requirements against which voting systems 
can be tested to determine if they provide all the basic functionality, 
accessibility and security capabilities required to ensure the 
integrity of voting systems. The VVSG specifies the functional 
requirements, performance characteristics, documentation requirements, 
and test evaluation criteria for the national certification of voting 
systems. The VVSG is composed of two volumes: Volume I, Voting System 
Performance Guidelines and Volume II, National Certification Testing 
Guidelines.

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Effective Date

    The 2005 Voluntary Voting System Guidelines will take effect 24 
months after their final adoption in December 2005 by the EAC. At that 
time, all new systems submitted for national certification will be 
tested for conformance with these guidelines. In addition, if a 
modification to a system qualified or certified to a previous standard 
is submitted for national certification after this date, every 
component of the modified system will be tested against the 2005 VVSG. 
All previous versions of national standards will become obsolete at 
this time. This effective date provision does not have any impact on 
the mandatory January 1, 2006, deadline for states to comply with the 
HAVA Section 301 requirements.

Summary of Changes

    Volume I of the Guidelines, entitled Voting System Performance 
Guidelines, includes new requirements for usability, accessibility, 
voting system software distribution, generation of software reference 
information, validation of software during voting system setup, and the 
use of wireless communications. System functional requirements have 
been revised to comply with HAVA Section 301 requirements. 
Environmental criteria have been updated. This volume also includes 
requirements for a voter verifiable paper audit trail component for 
direct-recording electronic voting systems for use by states that 
require this feature. In addition, this volume includes an updated 
glossary and a conformance clause.
    Volume II of the Guidelines, entitled National Certification 
Testing Guidelines, has been revised to reflect the new EAC process for 
national certification of voting systems. This process was initiated in 
2005 and replaces the voting system qualification process conducted by 
the National Association of State Election Directors (NASED) since 
1994. In addition, revisions have been made to the testing procedures 
to reflect new requirements for the conduct of usability and 
accessibility testing. Volume II also includes an updated appendix on 
procedures for testing system error rates. Terminology in both volumes 
has been revised to reflect new terminology introduced by HAVA.

Volume I: Voting System Performance Guidelines Summary

    Volume I, the Voting System Performance Guidelines, describes the 
requirements for the electronic components of voting systems. It is 
intended for use by the broadest audience, including voting system 
developers, manufacturers and suppliers; voting system testing labs; 
state organizations that certify systems prior to procurement; state 
and local election officials who procure and deploy voting systems; and 
public interest organizations that have an interest in voting systems 
and voting system standards. It contains the following sections:
    Section I describes the purpose and scope of the Voting System 
Performance Guidelines.
    Section 2 describes the functional capabilities required of voting 
systems. This section has been revised to reflect HAVA Section 301 
requirements.
    Section 3 describes new standards that make voting systems more 
usable and accessible for as many eligible citizens as possible, 
whatever their physical abilities, language skills, or experience with 
technology. This section reflects the HAVA 301 (a)(3) accessibility 
requirements.
    Sections 4 through 6 describe specific performance standards for 
election system hardware, software, telecommunications, and security. 
Environmental criteria have been updated in Section 4.
    Section 7 describes voting system security requirements and 
includes new requirements for voting system software distribution, 
generation of software reference information, validation of software 
during system setup, and the use of wireless. It also includes 
requirements for voter verifiable paper audit trail components for 
direct-recording electronic voting systems.
    Sections 8 and 9 describe requirements for vendor quality assurance 
and configuration management practices and the documentation about 
these practices required for the EAC certification process.
    Appendix A contains a glossary of terms.
    Appendix B provides a list of related standards documents 
incorporated into the Guidelines by reference, documents used in the 
preparation of the Guidelines, and referenced legislation.
    Appendix C presents an introductory discussion of independent 
verification systems as a potential concept for future voting system 
security design.
    Appendix D contains technical guidance on color, contrast and text 
size adjustment for individuals with low vision or color blindness.

Volume II: National Certification Testing Guidelines Summary

    Volume II, the National Certification Testing Guidelines, is a 
complementary document to Volume I. Volume II provides an overview and 
specific detail of the national certification testing process, which is 
performed by independent voting system test labs accredited by the EAC. 
It is intended principally for use by vendors: test labs: and election 
officials who certify, procure, and accept voting systems. This volume 
contains the following sections:
    Section 1 describes the purpose of the National Certification 
Testing Guidelines.
    Section 2 provides a description of the Technical Data Package that 
vendors are required to submit with their system for certification 
testing.
    Section 3 describes the basic functionality testing requirements.
    Sections 4 through 6 define the requirements for hardware, software 
and system integration testing. Section 6 has been revised to reflect 
new requirements for usability and accessibility testing.
    Section 7 describes the required examination of vendor quality 
assurance and configuration management practices.
    Appendix A provides the requirements for the National Certification 
Test Plan that is prepared by the voting system test lab and provided 
to the EAC for review.
    Appendix B describes the scope and content of the National 
Certification Test Report which is prepared by the test lab and 
delivered to the EAC along with a recommendation for certification.
    Appendix C describes the guiding principles used to design the 
voting system certification testing process. It also contains a revised 
section on testing system error rates.

Volume I: Voting System Performance Guidelines

Guide to Section Locations

Section 1: Introduction
Section 2: Functional Requirements
Section 3: Usability and Accessibility Requirements
Section 4: Hardware Requirements
Section 5: Software Requirements
Section 6: Telecommunications Requirements
Section 7: Security Requirements
Section 8: Quality Assurance Requirements
Section 9: Configuration Management Requirements
Appendix A: Glossary
Appendix B: References
Appendix C: Independent Verification Systems
Appendix D: Technical Guidance for Color, Contrast, and Text Size

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1 Introduction

Table of Contents

1 Introduction

1.1 Purpose and Scope of the Voluntary Voting System Guidelines
1.2 Use of the Voluntary Voting System Guidelines
1.3 Evolution of Voting System Standards
    1.3.1 Federal Election Commission
    1.3.2 Election Assistance Commisson
1.4 Overview of Voting System Testing
    1.4.1 The National Certification Program for Voting Systems
    1.4.2 State Certification Testing
    1.4.3 Acceptance Testing
1.5 Definitions, References, and Types of Voting Systems
    1.5.1 Definitions and References
    1.5.2 Types of Voting Systems
    1.5.2.1 Paper-Based Voting System
    1.5.2.2 Direct-Recording Electronic Voting System
    1.5.2.3 Public Network Direct-Recording Electronic Voting System
    1.5.2.4 Precinct Count Voting System
    1.5.2.5 Central Count Voting System
1.6 Conformance Clause
    1.6.1 Scope and Applicability
    1.6.2 Conformance Framework
    1.6.2.1 Applicable Entities
    1.6.2.2 Relationships Among Entities
    1.6.3 Structure of Requirements
    1.6.3.1 Conformance Language
    1.6.3.2 Categorizing Requirements
    1.6.3.3 Extensions
    1.6.4 Implementation Statement
1.7 Effective Date

1 Introduction

1.1 Purpose and Scope of the Voluntary Voting System Guidelines

    The purpose of the Voluntary Voting System Guidelines (VVSG or the 
Guidelines) is to provide a set of specifications and requirements 
against which voting systems can be tested to determine if they provide 
all the basic functionality, accessibility, and security capabilities 
required of voting systems. The VVSG specifies the functional 
requirements, performance characteristics, documentation requirements, 
and test evaluation criteria for the national certification of voting 
systems. To the extent possible, these requirements and specifications 
are described so they can be assessed by a series of defined, objective 
tests. The VVSG is composed of two volumes: Volume 1, Voting System 
Performance Guidelines; and Volume 2, National Certification Testing 
Guidelines.
    The VVSG is one of several inter-related EAC promulgated guidelines 
and programs concerned with maintaining the reliability and security of 
voting systems and the integrity of the overall election process. The 
performance of national certification testing of voting systems is 
restricted to testing labs that have been formally accredited to be 
technically competent to evaluate systems for conformance to the Voting 
System Performance Guidelines. The National Association of State 
Election Directors (NASED) initiated the independent testing authority 
accreditation program for test labs in 1994, applying the standards and 
procedures in NASED Program Handbook 9201 (Revision A). With the 
passage of the Help America Vote Act (HAVA), this responsibility 
transitioned to the Election Assistance Commission (EAC) with support 
from the National Voluntary Laboratory Accreditation Program (NVLAP). 
This program is operated by the National Institute of Standards and 
Technology (NIST), applying the standards and procedures in NIST 
Handbook 150-22, NVLAP Voting System Testing.
    The VVSG and the test lab accreditation process are essential 
components of the EAC National Certification Program for voting 
systems. This program applies the standards and procedures documented 
in the EAC voting system certification manual. HAVA Section 231 charges 
EAC with providing for the certification, decertification and 
recertification of voting systems. Under this program national 
certification is just the first step of the life cycle process of 
maintaining the reliability and security of the voting systems used in 
the nation's elections. To carry out this mandate, the EAC program will 
include monitoring of voting system performance through incident 
reporting by election officials and others. The certification program 
will maintain information on the quality assurance practices associated 
with the development and manufacturing of voting systems. When a system 
has successfully completed the certification process, the EAC program 
requires a copy of the certified voting system software to be provided 
to the National Software Reference Library operated by NIST. This will 
enable election officials to validate that the software received by 
their jurisdictions is the same as the certified version.
    The VVSG notes the need for appropriate procedures to complement 
and supplement the technical requirements for voting system 
performance. It is well known that deficiencies in election management 
and administration procedures can have just as much impact on the 
enfranchisement of voters and the outcome of elections as the 
functioning of the voting machines. The overall integrity of the 
election process depends on both of these elements working together. 
EAC and NASED have instituted a multi-year effort to develop a 
comprehensive set of election management guidelines that will 
complement the technical system guidelines, as well as cover other 
elements of the election process.
    Except as noted below, Volume I of the Guidelines applies to all 
system hardware, software, telecommunications, and documentation 
intended for use to:
     Prepare the voting system for use in an election
     Produce the appropriate ballot formats
     Test that the voting system and ballot materials have been 
properly prepared and are ready for use
     Record and count votes
     Consolidate and report election results
     Display results on-site or remotely
     Produce and maintain comprehensive audit trail data
    Some voting systems use one or more commercial off-the-shelf (COTS) 
devices (such as card readers, printers, and personal computers) or 
software products (such as operating systems, programming language 
compilers, and database management systems). These devices and products 
are exempt from certain portions of system certification testing, as 
long as they are not modified for use in the voting system.
    Volume 2 describes the testing process to provide a documented 
independent verification by an accredited testing laboratory that a 
voting system has been demonstrated to conform to the Volume 1 
requirements and therefore should receive national certification. It 
provides the specific detail about the testing process and 
documentation requirements required to support the national 
certification program.

1.2 Use of the Voluntary Voting System Guidelines

    The Guidelines are intended for use by multiple audiences to 
support their respective roles in the development, testing, and 
acquisition of voting systems:
     The accredited testing laboratories who use this 
information to develop test plans and procedures for the analysis and 
testing of systems in support of the national certification testing 
process
     State and local election officials who are evaluating 
voting systems for potential use in their jurisdictions
     Voting system designers and manufacturers who need to 
ensure that their products fulfill all these requirements so they can 
be certified

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1.3 Evolution of Voting System Standards

1.3.1 Federal Election Commission
    The first voting system standards were issued in January 1990, by 
the Federal Election Commission (FEC). This document included 
performance standards and testing procedures for Punchcard, Marksense, 
and Direct-Recording Electronic (DRE) voting systems. These standards 
did not cover paper ballot and mechanical lever systems because paper 
ballots are sufficiently self-explanatory not to require technical 
standards and mechanical lever systems are no longer manufactured or 
sold in the United States. The FEC also did not incorporate 
requirements for mainframe computer hardware because it was reasonable 
to assume that sufficient engineering and performance criteria already 
governed the operation of mainframe computers. However, vote tally 
software installed on mainframes was covered.
    A national testing effort was initiated by NASED in 1994. As the 
system qualification process matured and qualified systems were used in 
the field, the NASED Voting Systems Board, in consultation with the 
testing labs, identified certain testing issues that needed to be 
resolved. Moreover, rapid advancements in information and personal 
computer technologies introduced new voting system development and 
implementation scenarios not contemplated by the 1990 Standards.
    In 1997, NASED briefed the FEC on the importance of keeping the 
Standards up to date. Following a requirements analysis completed in 
1999, the FEC initiated an effort to revise the 1990 Standards to 
reflect the evolving needs of the elections community. This resulted in 
the 2002 Voting Systems Standards.
    Voters and election officials who use voting systems represent a 
broad spectrum of the population, and include individuals with 
disabilities who may have difficulty using traditional voting systems. 
In developing accessibility provisions for the 2002 Voting System 
Standards, the FEC requested assistance from the Access Board, the 
federal agency in the forefront of promulgating accessibility 
provisions. The Access Board submitted technical standards to meet the 
diverse needs of voters with a broad range of disabilities. The FEC 
adopted the entirety of the Access Board's recommendations and 
incorporated them into the 2002 Voting Systems Standards.
1.3.2 Election Assistance Commission
    In 2002, Congress passed the Help America Vote Act, which 
established the U.S. Election Assistance Commission (EAC). EAC was 
mandated to develop and adopt new voluntary voting system guidelines 
and to provide for the testing, certification, and decertification of 
voting systems. HAVA also established the Technical Guidelines 
Development Committee (TGDC) with the duty of assisting the EAC in the 
development of the new guidelines. The Director of NIST chairs the 
TGDC, and NIST was tasked to provide technical support to their work. 
The TGDC delivered their initial set of recommendations to the EAC in 
May, 2005.
    The TGDC built on the foundation of the 2002 Voting Systems 
Standards and the accessibility provisions of HAVA to expand 
requirements for voting system usability and accessibility. HAVA 
mandates that voting systems shall be accessible for individuals with 
disabilities in a manner that provides the same opportunity for access 
and participation (including privacy and independence) as for other 
voters. To facilitate the ability of jurisdictions to meet these 
requirements, HAVA allows for the use of at least one direct-recording 
electronic or other voting system equipped for individuals with 
disabilities at each polling place. Implementing this provision, 
however, will not entirely eliminate the necessity of accommodating the 
needs of some disabled voters by human assistance, given the 
limitations of current technology.
    The 2005 VVSG is the culmination of sixteen months of effort by the 
TGDC, NIST and the EAC. There is still much to be done to further 
develop the technical guidelines for voting system performance, 
accessibility and usability features, and security. Further work is 
also needed for the specification of comprehensive standard test suites 
for certification testing, to include testing for usability and 
accessibility features and expanded security testing.

1.4 Overview of Voting System Testing

1.4.1 The National Certification Program for Voting Systems
    The purpose of the national certification program is to validate 
and document, through an independent testing process, that voting 
systems meet the requirements set forth in VVSG Volume 1--Voting System 
Performance Guidelines, and perform according to the vendor's 
specifications for the system. Volume 1 specifies the minimum 
functional requirements, performance characteristics, documentation 
requirements, and test evaluation criteria that voting systems must 
meet in order to receive national certification. At the time of VVSG 
2005 publication, 39 states either require national certification or 
utilize the national standards when certifying voting systems.
    National certification testing can only be performed by testing 
labs that have been accredited for demonstrated technical competence to 
test voting systems using these Guidelines. Volume 2 of the VVSG--
National Certification Testing Guidelines--provides guidance on the 
testing process and describes the associated documentation 
requirements. These tests encompass the examination of software; the 
inspection and evaluation of system documentation; tests of hardware 
under conditions simulating the intended storage, operation, 
transportation, and maintenance environments; operational tests to 
validate system performance and function under normal and abnormal 
conditions; and examination of the vendor's system development, 
testing, quality assurance, and configuration management practices. 
Certification tests address individual system components or elements, 
as well as the integrated system as a whole.
    Since 1994, testing of voting systems has been performed by 
Independent Test Authorities (ITAs) certified by NASED. Upon the 
successful completion of testing, the ITA issued a Qualification Test 
Report to the vendor and NASED. The Technical Committee of the NASED 
Voting Systems Board would review the test report and, if satisfactory, 
issue a Qualification Number. The Qualification Number remains valid 
for as long as the voting system remains unchanged.
    HAVA mandated that the certification testing process be transferred 
from NASED to EAC. National certification testing complements and 
evaluates the vendor's developmental testing and beta testing. The test 
lab is expected to evaluate the completeness of the vendor's 
developmental test program, including the sufficiency of vendor tests 
conducted to demonstrate compliance with the Guidelines as well as the 
system's performance specifications. The test lab undertakes sample 
testing of the vendor's test modules and also designs independent 
system-level tests to supplement and check those designed by the 
vendor. Although some of the certification tests are based on those 
prescribed in the Military Standards, in most cases the test conditions 
are less stringent, reflecting commercial, rather than military, 
practice.

[[Page 18829]]

    Upon review of test reports and a determination that satisfactory 
results were achieved that address the full scope of testing, EAC will 
issue a certification number that indicates the system has successfully 
completed testing by an accredited test lab for compliance with the 
Guidelines. The certification number applies to the system as a whole 
and does not apply to individual system components or untested 
configurations.
    After a system has completed initial certification testing, further 
examination of the system is required if modifications are made to 
hardware, software, or telecommunications, including the installation 
of software on different hardware. Vendors request review of 
modifications by the test lab based on the nature and scope of changes 
made. The test lab will assess whether the modified system should be 
resubmitted for certification testing and the extent of testing to be 
conducted, and then it will provide an appropriate recommendation to 
the EAC and the vendor.
    Generally, a voting system remains certified under the standards 
against which it was tested as long as no modifications requiring 
recertification have been made to the system. However, if a new threat 
to a particular voting system is discovered, it is the prerogative of 
EAC to determine which certified voting systems are vulnerable, whether 
those systems need to be retested, and the specific tests to be 
conducted. In addition, when new requirements supersede the 
requirements under which the system was certified, it is the 
prerogative of EAC to determine when systems that were certified under 
the earlier requirements will need to be re-tested to meet current 
guidelines.
1.4.2 State Certification Testing
    State certification tests are performed by individual states, with 
or without the assistance of outside consultants, to:
     Confirm that the voting system presented is the same as 
the one certified under the Guidelines
     Test for the proper implementation of state-specific 
requirements
     Establish a baseline for future evaluations or tests of 
the system, such as acceptance testing or state review after 
modifications have been made
     Define acceptance tests
    State certification test scripts are not included in the 
Guidelines, as they must be defined by the state, with its laws, 
election practices, and needs in mind. However, it is recommended that 
they not duplicate the national certification tests, but instead focus 
on functional tests and qualitative assessment to ensure that the 
system operates in a manner that is acceptable under state law. If a 
voting system is modified after state certification is completed, it is 
recommended that states reevaluate the system to determine if further 
certification testing is warranted.
    Certification tests performed by individual states typically rely 
on information contained in documentation provided by the vendor for 
system design, installation, operations, required facilities and 
supplies, personnel support and other aspects of the voting system. 
States and jurisdictions may define information and documentation 
requirements additional to those defined in the Guidelines. By design, 
the Guidelines do not address these additional requirements. However, 
national certification testing will address all the capabilities of a 
voting system stated by the vendor in the system documentation 
submitted with the testing application to the EAC, including additional 
capabilities that are not required by the states.
1.4.3 Acceptance Testing
    Acceptance tests are performed at the state or local jurisdiction 
level upon system delivery by the vendor to:
     Confirm that the system delivered is the specific system 
certified by EAC and, when applicable, certified by the state
     Evaluate the degree to which delivered units conform to 
both the system characteristics specified in the procurement 
documentation, and those demonstrated in the national and state 
certification tests
     Establish a baseline for any future required audits of the 
system
    Some of the operational tests conducted during certification may be 
repeated during acceptance testing.

1.5 Definitions, References, and Types of Voting Systems

1.5.1 Definitions and References
    The Guidelines contain terms describing function, design, 
documentation, and testing attributes of voting system hardware, 
software and telecommunications. Unless otherwise specified, the 
intended sense of technical terms is that which is commonly used by the 
information technology industry. In some cases terminology is specific 
to elections or voting systems. A glossary of terms is contained in 
Appendix A. Non-technical terms not listed in Appendix A shall be 
interpreted according to their standard dictionary definitions.
    There are a number of technical standards that are incorporated in 
the Guidelines by reference. These are referred to by title in the body 
of the document. The full citations for these publications are provided 
in Appendix B. In addition, this appendix includes other references 
that may be useful for understanding and interpretation.
1.5.2 Types of Voting Systems
    HAVA Section 301 defines a voting system as the total combination 
of mechanical, electromechanical, or electronic equipment (including 
the software, firmware, and documentation required to program, control, 
and support the equipment), that is used to define ballots; to cast and 
count votes; to report or display election results; and to maintain and 
produce any audit trail information. In addition, a voting system 
includes the practices and associated documentation used to identify 
system components and versions of such components; to test the system 
during its development and maintenance; to maintain records of system 
errors and defects; to determine specific system changes made after 
initial certification; and to make available any materials to the voter 
(such as notices, instructions, forms, or paper ballots).
    Traditionally, a voting system has been defined by the mechanism 
the system uses to cast votes and further categorized by the location 
where the system tabulates ballots. In addition to defining a common 
set of requirements that apply to all voting systems, the VVSG states 
requirements specific to a particular type of voting system, where 
appropriate. However, the Guidelines recognize that as the industry 
develops new solutions and the technology continues to evolve, the 
distinctions between voting system types may become blurred. The fact 
that the VVSG refers to specific system types is not intended to stifle 
innovations that may be based on a more fluid understanding of system 
types. However, appropriate procedures must be in place to ensure new 
developments provide the necessary integrity and can be properly 
evaluated in the certification process.
    Consequently, vendors that submit a system that integrates 
components from more than one traditional system type or a system that 
includes components or technology not addressed in the Guidelines shall 
submit the results of all beta tests of the new system when applying 
for national certification. Vendors shall also submit a proposed test 
plan to the EAC for use in national certification testing. The 
Guidelines permit vendors to produce or utilize

[[Page 18830]]

interoperable components of a voting system that are tested within the 
full voting system configuration.
    The listing below summarizes the functional requirements that HAVA 
Section 301 mandates to assist voters. While these requirements may be 
implemented in a different manner for different types of voting 
systems, all types of voting systems must provide these capabilities:
     Permit the voter to verify (in a private and independent 
manner) the vote selected by the voter on the ballot before the ballot 
is cast and counted
     Provide the voter with the opportunity (in a private and 
independent manner) to change the ballot or correct any error before 
the ballot is cast and counted
     Notify the voter if he or she has selected more than one 
candidate for a single office, inform the voter of the effect of 
casting multiple votes for a single office, and provide the voter an 
opportunity to correct the ballot before it is cast and counted
     Be accessible for individuals with disabilities in a 
manner that provides the same opportunity for access and participation 
(including privacy and independence) as for other voters
     Provide alternative language accessibility pursuant to 
Section 203 of the Voting Rights Act 1.5.2.1 Paper-Based Voting System 
A paper-based voting system records votes, counts votes, and produces a 
tabulation of the vote count from votes cast on paper cards or sheets. 
A marksense (also known as optical scan) voting system allows a voter 
to record votes by making marks directly on the ballot, usually in 
voting response locations. Additionally, a paper-based system may allow 
for the voter's selections to be indicated by marks made on a paper 
ballot by an electronic input device, as long as such an input device 
does not independently record, store, or tabulate the voter selections.
1.5.2.2 Direct-Recording Electronic Voting System
    A direct-recording electronic (DRE) voting system records votes by 
means of a ballot display provided with mechanical or electro-optical 
components that can be activated by the voter; that processes data by 
means of a computer program; and that records voting data and ballot 
images in memory components. It produces a tabulation of the voting 
data stored in a removable memory component and as printed copy. The 
system may also provide a means for transmitting individual ballots or 
vote totals to a central location for consolidating and reporting 
results from precincts at the central location.
1.5.2.3 Public Network Direct-Recording Electronic Voting System
    A public network DRE voting system is an election system that uses 
electronic ballots and transmits vote data from the polling place to 
another location over a public network. Vote data may be transmitted as 
individual ballots as they are cast, periodically as batches of ballots 
throughout the election day, or as one batch at the close of voting. 
For purposes of the Guidelines, public network DRE voting systems are 
considered a form of DRE voting system and are subject to the standards 
applicable to DRE voting systems. However, because transmitting vote 
data over public networks relies on equipment beyond the control of the 
election authority, the system is subject to additional threats to 
system integrity and availability. Therefore, additional requirements 
are applied to provide appropriate security for data transmission.
    The use of public networks for transmitting vote data must provide 
the same level of integrity as other forms of voting systems, and must 
be accomplished in a manner that precludes three risks to the election 
process: automated casting of fraudulent votes, automated manipulation 
of vote counts, and disruption of the voting process such that the 
system is unavailable to voters during the time period authorized for 
system use.
1.5.2.4 Precinct Count Voting System
    A precinct count voting system is a voting system that tabulates 
ballots at the polling place. These systems typically tabulate ballots 
as they are cast and print the results after the close of polling. For 
DREs and some paper-based systems these systems provide electronic 
storage of the vote count and may transmit results to a central 
location over public telecommunication networks.
1.5.2.5 Central Count Voting System
    A central count voting system is a voting system that tabulates 
ballots from multiple precincts at a central location. Voted ballots 
are typically placed into secure storage at the polling place. Stored 
ballots are transported or transmitted to a central counting location. 
The system produces a printed report of the vote count, and may produce 
a report stored on electronic media.

1.6 Conformance Clause

1.6.1 Scope and Applicability
    The Voluntary Voting System Guidelines define requirements for 
conformance of voting systems that voting system vendors shall meet. 
The Guidelines also provide the framework, procedures, and requirements 
that testing labs responsible for the certification testing of voting 
systems shall follow. The requirements and procedures in the Guidelines 
may also be used by states to certify voting systems. To ensure that 
correct voting system software has been distributed without 
modification, the Guidelines include requirements for certified voting 
system software to be deposited in a national software repository. This 
provides an independent means for election officials to verify the 
software they purchase.
    The Guidelines define the minimum requirements for voting systems 
and the process of testing voting systems. The guidelines are intended 
for use by:
     Designers and manufacturers of voting systems
     Test labs performing the analysis and testing of voting 
systems in support of the EAC national certification process
     Software repositories designated by EAC or by a state
     Election officials, including ballot designers and 
officials responsible for the installation, operation, and maintenance 
of voting machines
     Test labs and consultants performing the state 
certification of voting systems Minimum requirements specified in these 
guidelines include:
     Functional capabilities
     Performance characteristics, including security
     Documentation
     Test evaluation criteria
1.6.2 Conformance Framework
    This section provides the framework in which conformance is 
defined. It identifies the entities to which these guidelines apply, 
the relationships among the various entities, the structure of the 
requirements, and the terminology used to indicate conformance.
1.6.2.1 Applicable Entities
    The requirements, prohibitions, options, and guidance specified in 
these guidelines apply to voting systems, voting system vendors, test 
labs, and software repositories. In general, requirements for voting 
systems in these guidelines apply to all types of voting systems, 
unless prefaced with explanatory narrative that applicability is 
limited to a specific type of system.

[[Page 18831]]

Other terms in these guidelines shall be construed as synonymous with 
``voting systems.'' They are: ``systems'', ``the system'', ``the voting 
system'', and ``each voting system.''
    The term ``voting system vendor'' imposes documentation or testing 
requirements for the manufacturer or vendor. Other terms in these 
guidelines shall be construed as synonymous with ``voting system 
vendor.'' They are: ``vendors'', ``the vendor'', ``manufacturer or 
vendor'', ``voting system designers'', and ``implementer''.
    The terms used to designate requirements and procedural guidelines 
for national certification testing laboratories are indicated by 
referring to ``testing authorities'', ``test labs'', and ``accredited 
test labs''. The term ``repository'' will be used to designate 
requirements levied on the National Software Reference Library 
repository maintained at NIST or any other designated repository.
1.6.2.2 Relationships Among Entities
    It is the voting system vendor that needs to implement these 
requirements and provide the necessary documentation for the system. In 
order to claim conformance to the Guidelines, the voting system vendor 
shall satisfy the specified requirements, including implementation of 
functionality, prescribed software coding and assurance practices, and 
preparation of the Technical Data Package. The voting system vendor 
shall successfully complete the prescribed test campaign with an EAC 
accredited test lab.
    The accredited test lab shall satisfy the requirements for 
conducting certification testing. The test lab may use an operational 
environment emulating that used by election officials as part of their 
testing to ensure that the voting system can be configured and operated 
in a secure and reliable manner according to the vendor's documentation 
and as specified by the Guidelines. The test lab shall coordinate and 
deliver the requisite documentation and test report to the EAC for 
review. Upon issuance of a certification number by the EAC, the test 
lab shall deposit a copy of the certified voting system software with 
the National Software Reference Library.
    The EAC shall review the test results and associated documentation 
and make a determination that all requirements have been appropriately 
tested and the test results are acceptable. The EAC will issue a 
national certification number that indicates conformance of the 
specified system with these Guidelines.
    The National Software Reference Library (NSRL) shall create a 
digital signature of the voting system software provided by the test 
lab. This information will be posted to a website so election officials 
can compare the digital signature of the software provided to them by 
the voting system vendor with this certified reference. The NSRL shall 
maintain this reference information until notified by the EAC that it 
can be archived.
1.6.3 Structure of Requirements
    Each voting system requirement in Volume I is identified according 
to a hierarchical scheme in which higher-level requirements (such as 
``provide accessibility for visually impaired voters'') are supported 
by lower-level requirements (e.g., ``provide an audio-tactile 
interface''). Thus, requirements are nested. When the nesting hierarchy 
has reached four levels (i.e., 1.1.1.1), further nested requirements 
are designated with lowercase letters, then roman numerals. Therefore, 
all requirements are traceable by a distinct reference.
    Some requirements are directly testable and some are not. The 
latter tend to be higher-level and are included because (1) they are 
testable indirectly insofar as their lower-level requirements are 
testable, and (2) they often provide the structure and rationale for 
the lower-level requirements. Satisfying the lower-level requirements 
will result in satisfying the higher-level requirement.
1.6.3.1 Conformance Language
    The following keywords are used to convey conformance requirements:
     Shall--indicates a mandatory requirement in order to 
conform. Synonymous with ``is required to.''
     Is prohibited--indicates a mandatory requirement that 
indicates something that is not permitted (allowed) in order to 
conform. Synonymous with ``shall not.''
     Should, is encouraged--indicates an optional recommended 
action, one that is particularly suitable, without mentioning or 
excluding others. Synonymous with ``is permitted and recommended.''
     May--indicates an optional, permissible action. Synonymous 
with ``is permitted.''
    Informative parts of this document include examples, extended 
explanations, and other matter that contain information necessary for 
proper understanding of the Guidelines and conformance to it.
1.6.3.2 Categorizing Requirements
    The Guidelines set forth a common set of requirements for national 
certification that apply to all types of electronic voting systems. 
They also provide requirements that are applicable for particular 
circumstances, such as alternative language capability or disability 
accessibility. The requirements implementing the HAVA Section 301(a) 
mandates, except for disability accessibility, must be met by all 
voting systems. The alternative language capability mandated by Section 
301(a)(4) must be met by all systems intended for use in jurisdictions 
subject to Section 203 of the Voting Rights Act. The Section 301(a)(3) 
disability accessibility requirements must be met by all systems 
intended to fulfill the one per polling place disability equipped 
voting system provision of Section 301(a)(3)(B).
    In addition, the Guidelines categorize some requirements into 
related groups of functionality to address equipment type, ballot 
tabulation location, and voting system component (e.g., election 
management system, voting machine). Hence, all of the requirements 
contained in the Guidelines do not apply to all elements of all voting 
systems. For example, requirements categorized as applying to DRE 
systems are not applicable to paper-based voting. The requirements 
implementing disability accessibility are not required of all voting 
systems, only by those systems the vendor designates as accessible 
voting systems.
    Among the categories defined in the VVSG are two types of voting 
systems with respect to mechanisms to cast votes--paper-based voting 
systems and DRE voting systems. Additionally, voting systems are 
further categorized by the locations where ballots are tabulated--
precinct count voting systems, which tabulate ballots at the polling 
place, and central count voting systems, which tabulate ballots from 
multiple precincts at a central location. The Guidelines define 
specific requirements for systems that fall within these four 
categories as well as various combinations of these categories.
1.6.3.3 Extensions
    Extensions are additional functions, features, and/or capabilities 
included in a voting system that are not required by the Guidelines. To 
accommodate the needs of states that may impose additional requirements 
and to accommodate changes in technology, these guidelines allow 
extensions. For example, the requirements for a voter verifiable paper 
audit trail feature will only be applied to those systems designated by 
the vendor as providing this feature. The use of extensions shall not 
contradict nor cause the

[[Page 18832]]

nonconformance of functionality required by the Guidelines.
1.6.4 Implementation Statement
    The voting system implementation statement describes the voting 
system and documents the VVSG Volume 1 requirements that have been 
implemented by the voting system. It can also identify optional 
features and capabilities supported by the voting system, as well as 
any extensions (i.e., additional functionality beyond what is required 
in the guidelines). The implementation statement must include a 
checklist identifying all the requirements for which a claim of 
conformance is made.
    The implementation statement must be submitted with the vendor's 
application to the EAC for national certification testing. It must 
provide a concise summary and narrative description of the voting 
system's capabilities. It shall include identifying information about 
the voting system, including the hardware and software components, 
version number and date.

1.7 Effective Date

    The Voluntary Voting System Guidelines (VVSG) shall become 
effective for national certification testing 24 months after their 
final adoption in December, 2005 by EAC. At that time, all new systems 
submitted for national certification shall be tested for conformance 
with these Guidelines. In addition, if a modification to a system 
certified or qualified to a previous standard is submitted for national 
certification after this date, every component of the modified system 
shall be tested using these Guidelines. All previous versions of 
national voting system standards will become obsolete upon this 
effective date.
    These Guidelines are voluntary in that each of the states can 
decide whether to require the voting systems used in their state to 
have a national certification. States may decide to adopt these 
Guidelines in whole or in part at any time, irrespective of the 
effective date. In addition, states may specify additional requirements 
that voting systems in their jurisdiction must meet. The national 
certification program does not in any way pre-empt the ability of the 
states to have their own system certification process.
    This VVSG effective date provision has no effect on the mandatory 
voting system requirements prescribed in HAVA Section 301(a), which 
states must comply with on or before January 1, 2006. The EAC issued 
Advisory 2005-004 to assist states in determining if a voting system is 
compliant with Section 301(a). This advisory is available on the EAC 
Web site at http://www.eac.gov.


1 Functional Requirements

Table of Contents

2 Functional Requirements

2.1 Overall System Capabilities
    2.1.1 Security
    2.1.2 Accuracy
    2.1.3 Error Recovery
    2.1.4 Integrity
    2.1.5 System Audit
    2.1.5.1 Operational Requirements
    2.1.5.2 Use of Shared Computing Platforms
    2.1.6 Election Management System
    2.1.7 Vote Tabulating Program
    2.1.7.1 Functions
    2.1.7.2 Voting Variations
    2.1.8 Ballot Counter
    2.1.9 Telecommunications
    2.1.10 Data Retention
2.2 Pre-voting Capabilities
    2.2.1 Ballot Preparation
    2.2.1.1 General Capabilities
    2.2.1.2 Ballot Formatting
    2.2.1.3 Ballot Production
    2.2.2 Election Programming
    2.2.3 Ballot and Program Installation and Control
    2.2.4 Readiness Testing
    2.2.5 Verification at the Polling Place
    2.2.6 Verification at the Central Location
2.3 Voting Capabilities
    2.3.1 Opening the Polls
    2.3.1.1 Precinct Count Systems
    2.3.1.2 Paper-based System Requirements
    2.3.1.3 DRE System Requirements
    2.3.2 Activating the Ballot (DRE Systems)
    2.3.3Casting a Ballot
    2.3.3.1 Common Requirements
    2.3.3.2 Paper-based System Requirements
    2.3.3.3 DRE System Requirements
2.4 Post-Voting Capabilities
    2.4.1 Closing the Polls
    2.4.2 Consolidating Vote Data
    2.4.3 Producing Reports
    2.4.4 Broadcasting Results
2.5 Maintenance, Transportation, and Storage

2 Functional Requirements

    This section contains requirements detailing the functional 
capabilities required of a voting system. This section sets out 
precisely what a voting system is required to do. In addition, it sets 
forth the minimum actions a voting system must be able to perform to be 
eligible for certification.
    For organizational purposes, functional capabilities are 
categorized as follows by the phase of election activity in which they 
are required:
    2.1 Overall System Capabilities: These functional capabilities 
apply throughout the election process. They include security, accuracy, 
integrity, system auditability, election management system, vote 
tabulation, ballot counters, telecommunications, and data retention.
    2.2 Pre-voting Capabilities: These functional capabilities are used 
to prepare the voting system for voting. They include ballot 
preparation, the preparation of election-specific software (including 
firmware), the production of ballots, the installation of ballots and 
ballot counting software (including firmware), and system and equipment 
tests.
    2.3 Voting System Capabilities: These functional capabilities 
include all operations conducted at the polling place by voters and 
officials including the generation of status messages.
    2.4 Post-voting Capabilities: These functional capabilities apply 
after all votes have been cast. They include closing the polling place; 
obtaining reports by voting machine, polling place, and precinct; 
obtaining consolidated reports; and obtaining reports of audit trails.
    2.5 Maintenance, Transportation and Storage Capabilities: These 
capabilities are necessary to maintain, transport, and store voting 
system equipment.
    In recognition of the diversity of voting systems, the Guidelines 
apply specific requirements to specific technologies. Some of the 
guidelines apply only if the system incorporates certain optional 
functions (for example, voting systems employing telecommunications to 
transmit voting data). For each functional capability, common 
requirements are specified. Where necessary, these are followed by 
requirements applicable to specific technologies (i.e., paper-based or 
DRE) or intended use (i.e., central or precinct count).

2.1 Overall System Capabilities

    This section defines required functional capabilities that are 
system-wide in nature and not unique to pre-voting, voting, and post-
voting operations. All voting systems shall provide the following 
functional capabilities, further outlined in this section:

2.1.1 Security
2.1.2 Accuracy
2.1.3 Error Recovery
2.1.4 Integrity
2.1.5 System Audit
2.1.6 Election Management System
2.1.7 Vote Tabulating Program
2.1.8 Ballot Counter
2.1.9 Telecommunications
2.1.10 Data Retention
    Voting systems may also include telecommunications components. 
Technical standards for these capabilities are described in Sections 3 
through 6 of the Voluntary Voting System Guidelines.

[[Page 18833]]

2.1.1 Security
    System security is achieved through a combination of technical 
capabilities and sound administrative practices. To ensure security, 
all systems shall:
    a. Provide security access controls that limit or detect access to 
critical system components to guard against loss of system integrity, 
availability, confidentiality, and accountability
    b. Provide system functions that are executable only in the 
intended manner and order, and only under the intended conditions
    c. Use the system's control logic to prevent a system function from 
executing if any preconditions to the function have not been met
    d. Provide safeguards in response to system failure to protect 
against tampering during system repair or interventions in system 
operations
    e. Provide security provisions that are compatible with the 
procedures and administrative tasks involved in equipment preparation, 
testing, and operation
    f. Incorporate a means of implementing a capability if access to a 
system function is to be restricted or controlled
    g. Provide documentation of mandatory administrative procedures for 
effective system security
2.1.2 Accuracy
    Memory hardware, such as semiconductor devices and magnetic storage 
media, must be accurate. The design of equipment in all voting systems 
shall provide for the highest possible levels of protection against 
mechanical, thermal, and electromagnetic stresses that impact system 
accuracy. Section 4 provides additional information on susceptibility 
requirements. To ensure vote accuracy, all systems shall:
    a. Record the election contests, candidates, and issues exactly as 
defined by election officials
    b. Record the appropriate options for casting and recording votes
    c. Record each vote precisely as indicated by the voter and produce 
an accurate report of all votes cast;
    d. Include control logic and data processing methods incorporating 
parity and check-sums (or equivalent error detection and correction 
methods) to demonstrate that the system has been designed for accuracy
    e. Provide software that monitors the overall quality of data read-
write and transfer quality status, checking the number and types of 
errors that occur in any of the relevant operations on data and how 
they were corrected
    In addition, DRE systems shall:
    f. As an additional means of ensuring accuracy in DRE systems, 
voting devices shall record and retain redundant copies of the original 
ballot image. A ballot image is an electronic record of all votes cast 
by the voter, including undervotes.
2.1.3 Error Recovery
    To recover from a non-catastrophic failure of a device, or from any 
error or malfunction that is within the operator's ability to correct, 
the system shall provide the following capabilities:
    a. Restoration of the device to the operating condition existing 
immediately prior to the error or failure, without loss or corruption 
of voting data previously stored in the device
    b. Resumption of normal operation following the correction of a 
failure in a memory component, or in a data processing component, 
including the central processing unit
    c. Recovery from any other external condition that causes equipment 
to become inoperable, provided that catastrophic electrical or 
mechanical damage due to external phenomena has not occurred
2.1.4 Integrity
    Integrity measures ensure the physical stability and function of 
the vote recording and counting processes.
    To ensure system integrity, all systems shall:
    a. Protect against a single point of failure that would prevent 
further voting at the polling place
    b. Protect against the interruption of electrical power
    c. Protect against generated or induced electromagnetic radiation
    d. Protect against ambient temperature and humidity fluctuations
    e. Protect against the failure of any data input or storage device
    f. Protect against any attempt at improper data entry or retrieval 
g. Record and report the date and time of normal and abnormal events
    h. Maintain a permanent record of all original audit data that 
cannot be modified or overridden but may be augmented by designated 
authorized officials in order to adjust for errors or omissions (e.g., 
during the canvassing process)
    i. Detect and record every event, including the occurrence of an 
error condition that the system cannot overcome, and time-dependent or 
programmed events that occur without the intervention of the voter or a 
polling place operator
    j. Include built-in measurement, self-test, and diagnostic software 
and hardware for detecting and reporting the system's status and degree 
of operability
    In addition to the common requirements, DRE systems shall:
    k. Maintain a record of each ballot cast using a process and 
storage location that differs from the main vote detection, 
interpretation, processing, and reporting path
    l. Provide a capability to retrieve ballot images in a form 
readable by humans
2.1.5 System Audit
    This subsection describes the context and purpose of voting system 
audits and sets forth specific functional requirements. Election audit 
trails provide the supporting documentation for verifying the accuracy 
of reported election results. They present a concrete, indestructible 
archival record of all system activity related to the vote tally, and 
are essential for public confidence in the accuracy of the tally, for 
recounts, and for evidence in the event of criminal or civil 
litigation.
    These requirements are based on the premise that system-generated 
creation and maintenance of audit records reduces the chance of error 
associated with manually generated audit records. Because most audit 
capability is automatic, the system operator has less information to 
track and record, and is less likely to make mistakes or omissions. The 
subsections that follow present operational requirements critical to 
acceptable performance and reconstruction of an election. Requirements 
for the content of audit records are described in Section 5.
    The requirements for all system types, both precinct and central 
count, are described in generic language. Because the actual 
implementation of specific characteristics may vary from system to 
system, it is the responsibility of the vendor to describe each 
system's characteristics in sufficient detail so that test labs and 
system users can evaluate the adequacy of the system's audit trail. 
This description shall be incorporated in the System Operating Manual, 
which is part of the Technical Data Package.
    Documentation of items such as paper ballots delivered, paper 
ballots collected, administrative procedures for system security, and 
maintenance performed on voting equipment are also part of the election 
audit trail, but are not covered in these technical standards. Useful 
guidance is provided by the Innovations in Election Administration 
10; Ballot Security and Accountability, available on the EAC's 
website.
2.1.5.1 Operational Requirements
    Audit records shall be prepared for all phases of election 
operations performed

[[Page 18834]]

using devices controlled by the jurisdiction or its contractors. These 
records rely upon automated audit data acquisition and machine-
generated reports, with manual input of some information. These records 
shall address the ballot preparation and election definition phase, 
system readiness tests, and voting and ballot-counting operations. The 
software shall activate the logging and reporting of audit data as 
described below.
    a. The timing and sequence of audit record entries is as important 
as the data contained in the record. All voting systems shall meet the 
requirements for time, sequence and preservation of audit records 
outlined below.
    i. Except where noted, systems shall provide the capability to 
create and maintain a real-time audit record. This capability records 
and provides the operator or precinct official with continuous updates 
on machine status. This information allows effective operator 
identification of an error condition requiring intervention, and 
contributes to the reconstruction of election-related events necessary 
for recounts or litigation.
    ii. 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.
    iii. All audit record entries shall include the time-and-date 
stamp.
    iv. The audit record shall be active whenever the system is in an 
operating mode. This record shall be available at all times, though it 
need not be continually visible.
    v. The generation of audit record entries shall not be terminated 
or altered by program control, or by the intervention of any person. 
The physical security and integrity of the record shall be maintained 
at all times.
    vi. Once the system has been activated for any function, the system 
shall preserve the contents of the audit record during any interruption 
of power to the system until processing and data reporting have been 
completed.
    vii. The system shall be capable of printing a copy of the audit 
record. A separate printer is not required for the audit record, and 
the record may be produced on the standard system printer if all the 
following conditions are met:
     The generation of audit trail records does not interfere 
with the production of output reports
     The entries can be identified so as to facilitate their 
recognition, segregation, and retention
     The audit record entries are kept physically secure
    b. All voting systems shall meet the requirements for error 
messages below.
    i. The voting system shall generate, store, and report to the user 
all error messages as they occur.
    ii. All error messages requiring intervention by an operator or 
precinct official shall be displayed or printed clearly in easily 
understood language text, or by means of other suitable visual 
indicators.
    iii. When the voting system uses numerical error codes for trained 
technician maintenance or repair, the text corresponding to the code 
shall be self-contained or affixed inside the voting machine. This is 
intended to reduce inappropriate reactions to error conditions, and to 
allow for ready and effective problem correction.
    iv. All error messages for which correction impacts vote recording 
or vote processing shall be written in a manner that is understandable 
to an election official who possesses training on system use and 
operation, but does not possess technical training on system servicing 
and repair.
    v. The message cue for all voting systems shall clearly state the 
action to be performed in the event that voter or operator response is 
required.
    vi. Voting system design shall ensure that erroneous responses will 
not lead to irreversible error.
    vii. Nested error conditions shall be corrected in a controlled 
sequence such that voting system status shall be restored to the 
initial state existing before the first error occurred.
    c. The Guidelines provide latitude in software design so that 
vendors can consider various user processing and reporting needs. The 
jurisdiction may require some status and information messages to be 
displayed and reported in real-time. Messages that do not require 
operator intervention may be stored in memory to be recovered after 
ballot processing has been completed.
    The voting system shall display and report critical status messages 
using clear indicators or English language text. The voting system need 
not display non-critical status messages at the time of occurrence. 
Voting systems may display non-critical status messages (i.e., those 
that do not require operator intervention) by means of numerical codes 
for subsequent interpretation and reporting as unambiguous text.
    Voting systems shall provide a capability for the status messages 
to become part of the real-time audit record. The voting system shall 
provide a capability for a jurisdiction to designate critical status 
messages.
2.1.5.2 Use of Shared Computing Platforms
    Further requirements must be applied to Commercial-off-the-Shelf 
operating systems to ensure completeness and integrity of audit data 
for election software. These operating systems are capable of executing 
multiple application programs simultaneously. These systems include 
both servers and workstations, including the many varieties of UNIX and 
Linux, and those offered by Microsoft and Apple. Election software 
running on these systems is vulnerable to unintended effects from other 
user sessions, applications, and utilities executing on the same 
platform at the same time as the election software.
    ``Simultaneous processes'' of concern include: unauthorized network 
connections, unplanned user logins, and unintended execution or 
termination of operating system processes. An unauthorized network 
connection or unplanned user login can host unintended processes and 
user actions, such as the termination of operating system audit, the 
termination of election software processes, or the deletion of election 
software audit and logging data. The execution of an operating system 
process could be a full system scan at a time when that process would 
adversely affect the election software processes. Operating system 
processes improperly terminated could be system audit or malicious code 
detection.
    To counter these vulnerabilities, three operating system 
protections are required on all such systems on which election software 
is hosted. First, authentication shall be configured on the local 
terminal (display screen and keyboard) and on all external connection 
devices (``network cards'' and ``ports''). This ensures that only 
authorized and identified users affect the system while election 
software is running.
    Second, operating system audit shall be enabled for all session 
openings and closings, for all connection openings and closings, for 
all process executions and terminations, and for the alteration or 
deletion of any memory or file object. This ensures the accuracy and 
completeness of election data stored on the system. It also ensures the 
existence of an audit record of any person or process altering or 
deleting system data or election data.
    Third, the system shall be configured to execute only intended and 
necessary processes during the execution of election software. The 
system shall also be configured to halt election software processes 
upon the termination of any

[[Page 18835]]

critical system process (such as system audit) during the execution of 
election software.
2.1.6 Election Management System
    The Election Management System (EMS) is used to prepare ballots and 
programs for use in casting and counting votes, and to consolidate, 
report, and display election results. An EMS shall generate and 
maintain a database, or one or more interactive databases, that enables 
election officials or their designees to perform the following 
functions:
     Define political subdivision boundaries and multiple 
election districts as indicated in the system documentation
     Identify contests, candidates, and issues
     Define ballot formats and appropriate voting options
     Generate ballots and election-specific programs for voting 
equipment
     Install ballots and election-specific programs
     Test that ballots and programs have been properly prepared 
and installed
     Accumulate vote totals at multiple reporting levels as 
indicated in the system documentation
     Generate the post-voting reports required by Subsection 
2.4
     Process and produce audit reports of the data as indicated 
in Subsection 5.5
2.1.7 Vote Tabulating Program
    Each voting system shall have a vote tabulation program that will 
meet specific functional requirements.
2.1.7.1 Functions
    The vote tabulating program software resident in each voting 
machine, vote count server, or other devices shall include all software 
modules required to:
    a. Monitor system status and generate machine-level audit reports
    b. Accommodate device control functions performed by polling place 
officials and maintenance personnel
    c. Register and accumulate votes
    d. Accommodate variations in ballot counting logic
2.1.7.2 Voting Variations
    There are significant variations among state election laws with 
respect to permissible ballot contents, voting options, and the 
associated ballot counting logic. The Technical Data Package 
accompanying the system shall specifically identify which of the 
following items can and cannot be supported by the voting system, as 
well as how the voting system can implement the items supported:
     Closed primaries
     Open primaries
     Partisan offices
     Non-partisan offices
     Write-in voting
     Primary presidential delegation nominations
     Ballot rotation
     Straight party voting
     Cross-party endorsement
     Split precincts
     Vote for N of M
     Recall issues, with options
     Cumulative voting
     Ranked order voting
     Provisional or challenged ballots
2.1.8 Ballot Counter
    For all voting systems, each piece of voting equipment that 
tabulates ballots shall provide a counter that:
    a. Can be set to zero before any ballots are submitted for tally
    b. Records the number of ballots cast during a particular test 
cycle or election
    c. Increases the count only by the input of a ballot
    d. Prevents or disables the resetting of the counter by any person 
other than authorized persons at authorized points
    e. Is visible to designated election officials
2.1.9 Telecommunications
    For all voting systems that use telecommunications for the 
transmission of data during pre-voting, voting or post-voting 
activities, capabilities shall be provided that ensure data are 
transmitted with no alteration or unauthorized disclosure during 
transmission. Such transmissions shall not violate the privacy, 
secrecy, and integrity demands of the Guidelines. Section 6 describes 
telecommunications standards that apply to, at a minimum, the following 
types of data transmissions:
    Voter Authentication: Coded information that confirms the identity 
of a voter for security purposes for a system that transmit votes 
individually over a public network
    Ballot Definition: Information that describes to voting equipment 
the content and appearance of the ballots to be used in an election
    Vote Transmission to Central Site: For voting systems that transmit 
votes individually over a public network, the transmission of a single 
vote to the county (or contractor) for consolidation with other county 
vote data
    Vote Count: Information representing the tabulation of votes at any 
one of several levels: polling place, precinct, or central count
    List of Voters: A listing of the individual voters who have cast 
ballots in a specific election
2.1.10 Data Retention
    United States Code Title 42, Sections 1974 through 1974e state that 
election administrators shall preserve for 22 months ``all records and 
paper that came into (their) possession relating to an application, 
registration, payment of poll tax, or other act requisite to voting.'' 
This retention requirement applies to systems that will be used at 
anytime for voting of candidates for federal offices (e.g., Member of 
Congress, United States Senator, and/or Presidential Elector). 
Therefore, all voting systems shall provide for maintaining the 
integrity of voting and audit data during an election and for a period 
of at least 22 months thereafter.
    Because the purpose of this law is to assist the federal government 
in discharging its law enforcement responsibilities in connection with 
civil rights and elections crimes, its scope must be interpreted in 
keeping with that objective. The appropriate state or local authority 
must preserve all records that may be relevant to the detection and 
prosecution of federal civil rights or election crimes for the 22-month 
federal retention period, if the records were generated in connection 
with an election that was held in whole or in part to select federal 
candidates. It is important to note that Section 1974 does not require 
that election officials generate any specific type or classification of 
election record. However, if a record is generated, Section 1974 comes 
into force and the appropriate authority must retain the records for 22 
months.
    For 22-month document retention, the general rule is that all 
printed copy records produced by the election database and ballot 
processing systems shall be so labeled and archived. Regardless of 
system type, all audit trail information spelled out in Subsection 5.5 
shall be retained in its original format, whether that be real-time 
logs generated by the system, or manual logs maintained by election 
personnel. The election audit trail includes not only in-process logs 
of election-night and subsequent processing of absentee or provisional 
ballots, but also time logs of baseline ballot definition formats, and 
system readiness and testing results.
    In many voting systems, the source of election-specific data (and 
ballot formats) is a database or file. In precinct count voting 
systems, this data is used to program each machine, establish ballot 
layout, and generate tallying files. It is not necessary to retain this 
information on electronic media if there is an official, authenticated 
printed copy of all final database information.

[[Page 18836]]

However, it is recommended that the state or local jurisdiction also 
retain electronic records of the aggregate data for each voting machine 
so that reconstruction of an election is possible without data re-
entry. The same requirement and recommendation applies to vote results 
generated by each precinct count voting machine.

2.2 Pre-Voting Capabilities

    This subsection defines capabilities required to support functions 
performed prior to the opening of polls. All voting systems shall 
provide capabilities to support:
     Ballot preparation
     Election programming
     Ballot and program installation and control
     Readiness testing
     Verification at the polling place
     Verification at the central counting place
    The standards also include requirements to ensure compatible 
interfaces with the ballot definition process and the reporting of 
election results.
2.2.1 Ballot Preparation
    Ballot preparation is the process of using election databases to 
define the specific contests, questions, and related instructions to be 
contained in ballots and to produce all permissible ballot layouts. 
Ballot preparation requirements include:
     General capabilities
     Ballot formatting
     Ballot production
2.2.1.1 General Capabilities
    All systems shall provide the general capabilities for ballot 
preparation. All systems shall be capable of:
    a. Enabling the automatic formatting of ballots in accordance with 
the requirements for offices, candidates, and measures qualified to be 
placed on the ballot for each political subdivision and election 
district
    b. Collecting and maintaining the following data
    i. Offices and their associated labels and instructions
    ii. Candidate names and their associated labels
    iii. Issues or measures and their associated text
    c. Supporting the maximum number of potentially active voting 
positions as indicated in the system documentation
    d. For a primary election, generating ballots that segregate the 
choices in partisan contests by party affiliation
    e. Generating ballots that contain identifying codes or marks 
uniquely associated with each format
    f. Ensuring that vote response fields, selection buttons, or 
switches properly align with the specific candidate names and/or issues 
printed on the ballot display, ballot card or sheet, or separate ballot 
pages
    Paper-based voting systems shall also meet the following 
requirements applicable to the technology used:
    g. Enable voters to make selections by making a mark in areas 
designated for this purpose upon each ballot sheet
    h. For marksense systems, ensure that the timing marks align 
properly with the vote response fields
2.2.1.2 Ballot Formatting
    Ballot formatting is the process by which election officials or 
their designees use election databases and voting system software to 
define the specific contests and related instructions contained on the 
ballot and present them in a layout permitted by state law. All voting 
systems shall provide a capability for:
    a. Creation of newly defined elections
    b. Rapid and error-free definition of elections and their 
associated ballot layouts
    c. Uniform allocation of space and fonts used for each office, 
candidate, and contest such that the voter perceives no active voting 
position to be preferred to any other
    d. Simultaneous display of the maximum number of choices for a 
single contest as indicated by the vendor in the system documentation
    e. Retention of previously defined formats for an election
    f. Prevention of unauthorized modification of any ballot formats
    g. Modification by authorized persons of a previously defined 
ballot format for use in a subsequent election
2.2.1.3 Ballot Production
    Ballot production is the process of converting ballot formats to a 
media ready for use in the physical ballot production or electronic 
presentation.
    The voting system shall provide a means of printing or otherwise 
generating a ballot display that can be installed in all voting 
equipment for which it is intended. All voting systems shall provide 
the capabilities below.
    a. The electronic display or printed document on which the user 
views the ballot is capable of rendering an image of the ballot in any 
of the languages required by the Voting Rights Act of 1965, as amended.
    b. The electronic display or printed document on which the user 
views the ballot does not show any advertising or commercial logos of 
any kind, whether public service, commercial, or political, unless 
specifically provided for in state law. Electronic displays shall not 
provide connection to such material through hyperlink.
    c. The ballot conforms to vendor specifications for type of paper 
stock, weight, size, shape, size and location of mark field used to 
record votes, folding, bleed-through, and ink for printing if paper 
ballot documents or paper displays are part of the system.
    Vendor documentation for marksense systems shall include 
specifications for ballot materials to ensure that vote selections are 
read from only a single ballot at a time, without detection of marks 
from multiple ballots concurrently (e.g., reading of bleed-through from 
other ballots).
2.2.2 Election Programming
    Election programming is the process by which election officials or 
their designees use election databases and vendor system software to 
logically define the voter choices associated with the contents of the 
ballots. All systems shall provide for the:
    a. Logical definition of the ballot, including the definition of 
the number of allowable choices for each office and contest
    b. Logical definition of political and administrative subdivisions, 
where the list of candidates or contests varies between polling places
    c. Exclusion of any contest on the ballot in which the voter is 
prohibited from casting a ballot because of place of residence, or 
other such administrative or geographical criteria
    d. Ability to select from a range of voting options to conform to 
the laws of the jurisdiction in which the system will be used
    e. Generation of all required master and distributed copies of the 
voting program, in conformance with the definition of the ballots for 
each voting device and polling place, and for each tabulating device
2.2.3 Ballot and Program Installation and Control
    All systems shall provide a means of installing ballots and 
programs on each piece of polling place or central count equipment in 
accordance with the ballot requirements of the election and the 
requirements of the jurisdiction in which the equipment will be used. 
All systems shall include the following at the time of ballot and 
program installation:
    a. A detailed work plan or other documentation providing a schedule 
and steps for the software and ballot installation, which includes a 
table

[[Page 18837]]

outlining the key dates, events and deliverables
    b. A capability for automatically verifying that the software has 
been properly selected and installed in the equipment or in 
programmable memory devices, and for indicating errors
    c. A capability for automatically validating that software 
correctly matches the ballot formats that it is intended to process, 
for detecting errors, and for immediately notifying an election 
official of detected errors
2.2.4 Readiness Testing
    Election personnel conduct voting equipment and voting system 
readiness tests prior to the start of an election to ensure that the 
voting system functions properly, to confirm that voting equipment has 
been properly integrated, and to obtain equipment status reports. All 
voting systems shall provide the capabilities to:
    a. Verify that voting equipment and precinct count equipment is 
properly prepared for an election, and collect data that verifies 
equipment readiness
    b. Obtain status and data reports from each set of equipment
    c. Verify the correct installation and interface of all voting 
equipment
    d. Verify that hardware and software function correctly
    e. Generate consolidated data reports at the polling place and 
higher jurisdictional levels
    f. Segregate test data from actual voting data, either procedurally 
or by hardware/software features
    Resident test software, external devices, and special purpose test 
software connected to or installed in voting equipment to simulate 
operator and voter functions may be used for these tests provided that 
the following standards are met:
    g. These elements shall be capable of being tested separately, and 
shall be proven to be reliable verification tools prior to their use
    h. These elements shall be incapable of altering or introducing any 
residual effect on the intended operation of the voting device during 
any succeeding test and operational phase
    Paper-based systems shall:
    i. Support conversion testing that uses all potential ballot 
positions as active positions
    j. Support conversion testing of ballots with active position 
density for systems without pre-designated ballot positions
2.2.5 Verification at the Polling Place
    Election officials perform verification at the polling place to 
ensure that all voting systems and voting equipment function properly 
before and during an election. All voting systems shall provide a 
formal record of the following, in any media, upon verification of the 
authenticity of the command source:
    a. The election's identification data
    b. The identification of all equipment units
    c. The identification of the polling place
    d. The identification of all ballot formats
    e. The contents of each active candidate register by office and of 
each active measure register at all storage locations (showing that 
they contain only zeros)
    f. A list of all ballot fields that can be used to invoke special 
voting options
    g. Other information needed to confirm the readiness of the 
equipment, and to accommodate administrative reporting requirements
    To prepare voting devices to accept voted ballots, all voting 
systems shall provide the capability to test each device prior to 
opening to verify that each is operating correctly. At a minimum, the 
tests shall include:
    h. Confirmation that there are no hardware or software failures
    i. Confirmation that the device is ready to be activated for 
accepting votes
    If a precinct count system includes equipment for the consolidation 
of polling place data at one or more central counting locations, it 
shall have means to verify the correct extraction of voting data from 
transportable memory devices, or to verify the transmission of secure 
data over secure communication links.
2.2.6 Verification at the Central Location
    Election officials perform verification at the central location to 
ensure that vote counting and vote consolidation equipment and software 
function properly before and after an election. Upon verification of 
the authenticity of the command source, any system used in a central 
count environment shall provide a printed record of the following:
    a. The election's identification data
    b. The contents of each active candidate register by office and of 
each active measure register at all storage locations (showing that 
they contain all zeros)
    c. Other information needed to ensure the readiness of the 
equipment and to accommodate administrative reporting requirements

2.3 Voting Capabilities

    All voting systems shall support:
     Opening the polls
     Casting a ballot
    Additionally, all DRE systems shall support:
     Activating the ballot
     Augmenting the election counter
     Augmenting the life-cycle counter

2.3.1 Opening the Polls

    The capabilities required for opening the polls are specific to 
individual voting system technologies. At a minimum, the systems shall 
provide the functional capabilities indicated below.
2.3.1.1 Precinct Count Systems
    To allow voting devices to be activated for voting, all precinct 
count systems shall provide:
    a. An internal test or diagnostic capability to verify that all of 
the polling place tests specified in Subsection 2.2.5 have been 
successfully completed
    b. Automatic disabling of any device that has not been tested until 
it has been tested
2.3.1.2 Paper-based System Requirements
    To facilitate opening the polls, all paper-based systems shall 
include:
    a. A means of verifying that ballot marking devices are properly 
prepared and ready to use
    b. A voting booth or similar facility, in which the voter may mark 
the ballot in privacy
    c. Secure receptacles for holding voted ballots
    In addition to the above requirements, all paper-based precinct 
count equipment shall include a means of:
    d. Activating the ballot counting device
    e. Verifying that the device has been correctly activated and is 
functioning properly
    f. Identifying device failure and corrective action needed
2.3.1.3 DRE System Requirements
    To facilitate opening the polls, all DRE systems shall include:
    a. A security seal, a password, or a data code recognition 
capability to prevent the inadvertent or unauthorized actuation of the 
poll-opening function
    b. A means of enforcing the execution of steps in the proper 
sequence if more than one step is required
    c. A means of verifying the system has been activated correctly
    d. A means of identifying system failure and any corrective action 
needed
2.3.2 Activating the Ballot (DRE Systems)
    To activate the ballot, all DRE systems shall:

[[Page 18838]]

    a. Enable election officials to control the content of the ballot 
presented to the voter, whether presented in printed form or electronic 
display, such that each voter is permitted to record votes only in 
contests in which that voter is authorized to vote
    b. Allow each eligible voter to cast a ballot
    c. Prevent a voter from voting on a ballot to which he or she is 
not entitled
    d. Prevent a voter from casting more than one ballot in the same 
election
    e. Activate the casting of a ballot in a general election
    f. Enable the selection of the ballot that is appropriate to the 
party affiliation declared by the voter in a primary election
    g. Activate all portions of the ballot upon which the voter is 
entitled to vote
    h. Disable all portions of the ballot upon which the voter is not 
entitled to vote
2.3.3 Casting a Ballot
    Some required capabilities for casting a ballot are common to all 
systems. Others are specific to individual voting technologies or 
intended use. Systems must provide additional functional capabilities 
that enable accessibility to disabled voters as defined in Subsection 
3.2.
2.3.3.1 Common Requirements
    To facilitate casting a ballot, all systems shall:
    a. Provide text that is at least 3 millimeters high and provide the 
capability to adjust or magnify the text to an apparent size of 6.3 
millimeters
    b. Protect the secrecy of the vote such that the system cannot 
reveal any information about how a particular voter voted, except as 
otherwise required by individual state law
    c. Record the selection and non-selection of individual vote 
choices for each contest and ballot measure
    d. Record the voter's selection of candidates whose names do not 
appear on the ballot, if permitted under state law, and record as many 
write-in votes as the number of candidates the voter is allowed to 
select
    e. In the event of a failure of the main power supply external to 
the voting system, provide the capability for any voter who is voting 
at the time to complete casting a ballot, allow for the successful 
shutdown of the voting system without loss or degradation of the voting 
and audit data, and allow voters to resume voting once the voting 
system has reverted to back-up power
    f. Provide the capability for voters to continue casting ballots in 
the event of a failure of a telecommunications connection within the 
polling place or between the polling place and any other location
2.3.3.2 Paper-based System Requirements
    All paper-based systems shall:
    a. Allow the voter to easily identify the voting field that is 
associated with each candidate or ballot measure response
    b. Allow the voter to mark the ballot to register a vote
    c. Allow either the voter or the appropriate election official to 
place the voted ballot into the ballot counting device (for precinct 
count systems) or into a secure receptacle (for central count systems)
    d. Protect the secrecy of the vote throughout the process
    In addition to the above requirements, all paper-based precinct 
count systems shall:
    e. Provide feedback to the voter that identifies specific contests 
for which he or she has made no selection or fewer than the allowable 
number of selections (e.g., undervotes)
    f. Notify the voter if he or she has made more than the allowable 
number of selections for any contest (e.g., overvotes)
    g. Notify the voter before the ballot is cast and counted of the 
effect of making more than the allowable number of selections for a 
contest
    h. Provide the voter opportunity to correct the ballot for either 
an undervote or overvote before the ballot is cast and counted
2.3.3.3 DRE System Requirements
    In addition to the above common requirements, DRE systems shall:
    a. Prohibit the voter from accessing or viewing any information on 
the display screen that has not been authorized by election officials 
and preprogrammed into the voting system (i.e., no potential for 
display of external information or linking to other information 
sources)
    b. Enable the voter to easily identify the selection button or 
switch, or the active area of the ballot display, that is associated 
with each candidate or ballot measure response
    c. Allow the voter to select his or her preferences on the ballot 
in any legal number and combination
    d. Indicate that a selection has been made or canceled
    e. Indicate to the voter when no selection, or an insufficient 
number of selections, has been made for a contest (e.g., undervotes)
    f. Notify the voter if he or she has made more than the allowable 
number of selections for any contest (e.g., overvotes)
    g. Notify the voter before the ballot is cast and counted of the 
effect of making more than the allowable number of selections for a 
contest
    h. Provide the voter opportunity to correct the ballot for either 
an undervote or overvote before the ballot is cast and counted
    i. Notify the voter when the selection of candidates and measures 
is completed
    j. Allow the voter, before the ballot is cast, to review his or her 
choices and, if the voter desires, to delete or change his or her 
choices before the ballot is cast
    k. For electronic image displays, prompt the voter to confirm the 
voter's choices before casting his or her ballot, signifying to the 
voter that casting the ballot is irrevocable and directing the voter to 
confirm the voter's intention to cast the ballot
    l. Notify the voter after the vote has been stored successfully 
that the ballot has been cast
    m. Notify the voter that the ballot has not been cast successfully 
if it is not stored successfully, including storage of the ballot 
image, and provide clear instruction as to the steps the voter should 
take to cast his or her ballot should this event occur
    n. Provide sufficient computational performance to provide 
responses back to each voter entry in no more than three seconds
    o. Ensure that the votes stored accurately represent the actual 
votes cast
    p. Prevent modification of the voter's vote after the ballot is 
cast
    q. Provide a capability to retrieve ballot images in a form 
readable by humans [in accordance with the requirements of Subsections 
2.1.2 (f) and 2.1.4 (k) and (l)]
    r. Increment the proper ballot position registers or counters
    s. Protect the secrecy of the vote throughout the voting process
    t. Prohibit access to voted ballots until after the close of polls
    u. Provide the ability for election officials to submit test 
ballots for use in verifying the end-to-end integrity of the voting 
system
    v. Isolate test ballots such that they are accounted for accurately 
in vote counts and are not reflected in official vote counts for 
specific candidates or measures

2.4 Post-Voting Capabilities

    All voting systems shall provide capabilities to accumulate and 
report results for the jurisdiction and to generate audit trails. In 
addition, precinct count voting systems must

[[Page 18839]]

provide a means to close the polls including generating appropriate 
reports. If the system provides the capability to broadcast results, 
additional standards apply.
2.4.1 Closing the Polls
    These requirements for closing the polls and locking voting systems 
against future voting are specific to precinct count systems. The 
voting system shall provide the means for:
    a. Preventing the further casting of ballots once the polls have 
closed
    b. Providing an internal test that verifies that the prescribed 
closing procedure has been followed, and that the device status is 
normal
    c. Incorporating a visible indication of system status
    d. Producing a diagnostic test record that verifies the sequence of 
events, and indicates that the extraction of voting data has been 
activated
    e. Precluding the unauthorized reopening of the polls once the poll 
closing has been completed for that election
2.4.2 Consolidating Vote Data
    All systems shall provide a means to consolidate vote data from all 
polling places, and optionally from other sources such as absentee 
ballots, provisional ballots, and voted ballots requiring human review 
(e.g., write-in votes).
2.4.3 Producing Reports
    All systems shall be able to create reports summarizing the vote 
data on multiple levels.
    All systems shall provide capabilities to:
    a. Support geographic reporting, which requires the reporting of 
all results for each contest at the precinct level and additional 
jurisdictional levels
    b. Produce a printed report of the number of ballots counted by 
each tabulator
    c. Produce a printed report for each tabulator of the results of 
each contest that includes the votes cast for each selection, the count 
of undervotes, and the count of overvotes
    d. Produce a consolidated printed report of the results for each 
contest of all votes cast (including the count of ballots from other 
sources supported by the system as specified by the vendor) that 
includes the votes cast for each selection, the count of undervotes, 
and the count of overvotes
    e. Be capable of producing a consolidated printed report of the 
combination of overvotes for any contest that is selected by an 
authorized official (e.g., the number of overvotes in a given contest 
combining candidate A and candidate B, combining candidate A and 
candidate C, etc.)
    f. Produce all system audit information required in Subsection 5.4 
in the form of printed reports, or in electronic memory for printing 
centrally
    g. Prevent data from being altered or destroyed by report 
generation, or by the transmission of results over telecommunications 
lines
    In addition, all precinct count voting systems shall:
    h. Prevent the printing of reports and the unauthorized extraction 
of data prior to the official close of the polls
    i. Provide a means to extract information from a transportable 
programmable memory device or data storage medium for vote 
consolidation
    j. Consolidate the data contained in each unit into a single report 
for the polling place when more than one voting machine or precinct 
tabulator is used
    k. Prevent data in transportable memory from being altered or 
destroyed by report generation, or by the transmission of official 
results over telecommunications lines
2.4.4 Broadcasting Results
    Some voting systems offer the capability to make unofficial results 
available to external organizations such as the news media, political 
party officials, and others. Although this capability is not required, 
systems that make unofficial results available shall:
    a. Provide only aggregated results, and not data from individual 
ballots
    b. Provide no access path from unofficial electronic reports or 
files to the storage devices for official data
    c. Clearly indicate on each report or file that the results it 
contains are unofficial

2.5 Maintenance, Transportation, and Storage

    All systems shall be designed and manufactured to facilitate 
preventive and corrective maintenance, conforming to the hardware 
standards described in Subsection 4.1. All vote casting and tally 
equipment designated for storage between elections shall:
    a. Function without degradation in capabilities after transit to 
and from the place of use, as demonstrated by meeting the performance 
standards described in Subsection 4.1
    b. Function without degradation in capabilities after storage 
between elections, as demonstrated by meeting the performance standards 
described in Subsection 4.1

3 Usability and Accessibility Requirements

Table of Contents

3 Usability and Accessibility Requirements

3.1 Usability Requirements
    3.1.1 Usability Testing
    3.1.2 Functional Capabilities
    3.1.3 Alternative Languages
    3.1.4 Cognitive Issues
    3.1.5 Perceptual Issues
    3.1.6 Interaction Issues
    3.1.7 Privacy
    3.1.7.1 Privacy at the Polls
    3.1.7.2 No Recording of Alternate Format Usage
3.2 Accessibility Requirements
    3.2.1 General
    3.2.2 Vision
    3.2.2.1 Partial Vision
    3.2.2.2 Blindness
    3.2.3 Dexterity
    3.2.4 Mobility
    3.2.5 Hearing
    3.2.6 Speech
    3.2.7 English Proficiency
    3.2.8 Cognition

3 Usability and Accessibility Requirements

    The importance of usability and accessibility in the design of 
voting systems has become increasingly apparent. It is not sufficient 
that the internal operation of these systems be correct; in addition, 
voters and poll workers must be able to use them effectively. There are 
some particular considerations for the design of usable and accessible 
voting systems:
     The voting task itself can be fairly complex; the voter 
may have to navigate an electronic ballot, choose multiple candidates 
in a single contest, or decide on abstrusely worded referenda
     Voting is performed infrequently, so there is limited 
opportunity for voters and poll workers to gain familiarity with the 
process
     Jurisdictions may change voting equipment, thus obviating 
whatever familiarity the voter might have acquired
     Usability and accessibility requirements include a broad 
range of factors, including physical abilities, language skills, and 
technology experience
    The challenge, then, is to provide a voting system that voters can 
use comfortably, efficiently, and with confidence that they have cast 
their votes correctly. The requirements within this section are 
intended to serve that goal. Three broad principles motivate this 
section:
    1. All eligible voters shall have access to the voting process 
without discrimination. The voting process shall be accessible to 
individuals with disabilities. The voting process includes

[[Page 18840]]

access to the polling place, instructions on how to vote, initiating 
the voting session, making ballot selections, review of the ballot, 
final submission of the ballot, and getting help when needed.
    2. Each cast ballot shall accurately capture the selections made by 
the voter. The ballot shall be presented to the voter in a manner that 
is clear and usable. Voters should encounter no difficulty or confusion 
regarding the process for recording their selections.
    3. The voting process shall preserve the secrecy of the ballot. The 
voting process shall preclude anyone else from determining the content 
of a voter's ballot, without the voter's cooperation. If such a 
determination is made against the wishes of the voter, then his or her 
privacy has been violated.
    All the requirements in this section have the purpose of improving 
the quality of interaction between voters and voting systems.
     Requirements for general usability apply to all voting 
systems. Requirements for any alternative languages required by state 
or federal law are included under this heading.
     Requirements to assist voters with physical, sensory, or 
cognitive disabilities apply, as a minimum, to the accessible voting 
stations required by HAVA Section 301 (a)(3)(B). They may also assist 
those not usually described as having a disability, e.g., voters with 
poor eyesight or limited dexterity.
    Several uncommon terms are used in this section. For the 
convenience of the reader, they are defined below, in addition to being 
included in the Glossary. Other terms frequently used here and 
throughout this document are defined in the Glossary. Note in 
particular the distinctions between these terms: voting system, voting 
equipment, voting machine and voting station.
     Common Industry Format (CIF)--the format to be used for 
usability testing reporting, described in ANSI/INCITS 354-2001 ``Common 
Industry Format (CIF) for Usability Test Reports''
     Accessible Voting Station--the voting station equipped for 
individuals with disabilities referred to in HAVA 301 (a)(3)(B).
     Audio-Tactile Interface--a voter interface designed not to 
require visual reading of a ballot. Audio is used to convey information 
to the voter and sensitive tactile controls allow the voter to convey 
information to the voting system.

3.1 Usability Requirements

    The voting process shall provide a high level of usability for 
voters. Accordingly, voters shall be able to negotiate the process 
effectively, efficiently, and comfortably. The mandatory voting system 
standards mandated in HAVA Section 301 relate to the interaction 
between the voter and the voting system:

    a. Requirements.--Each voting system used in an election for 
federal office shall meet the following requirements:
    1. In general.--
    A. Except as provided in subparagraph (B), the voting system 
(including any lever voting system, optical scanning voting system, 
or direct recording electronic system) shall--
    i. Permit the voter to verify (in a private and independent 
manner) the votes selected by the voter on the ballot before the 
ballot is cast and counted;
    ii. Provide the voter with the opportunity (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); and
    iii. If the voter selects votes for more than one candidate for 
a single office--
    I. Notify the voter that the voter has selected more than one 
candidate for a single office on the ballot;
    II. Notify the voter before the ballot is cast and counted of 
the effect of casting multiple votes for the office; and
    III. Provide the voter with the opportunity to correct the 
ballot before the ballot is cast and counted.
    B. A state or jurisdiction that uses a paper ballot voting 
system, a punch card voting system, or a central count voting system 
(including mail-in absentee ballots and mail-in ballots), may meet 
the requirements of subparagraph (A)(iii) by--
    i. Establishing a voter education program specific to that 
voting system that notifies each voter of the effect of casting 
multiple votes for an office; and
    ii. Providing the voter with instructions on how to correct the 
ballot before it is cast and counted (including instructions on how 
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).
    C. The voting system shall ensure that any notification required 
under this paragraph preserves the privacy of the voter and the 
confidentiality of the ballot.

    Usability is defined generally as a measure of the effectiveness, 
efficiency, and satisfaction achieved by a specified set of users with 
a given product in the performance of specified tasks. In the context 
of voting, the primary user is the voter, the product is the voting 
system, and the task is the correct recording of the voter ballot 
selections. Additional requirements for task performance are 
independence and privacy: the voter should normally be able to complete 
the voting task without assistance from others, and the voter 
selections should be private. Lack of independence or privacy may 
adversely affect effectiveness (e.g., by possibly inhibiting the 
voter's free choice) and efficiency (e.g., by slowing down the 
process).
    Among the basic metrics for usability are:
     Low error rate for marking the ballot (the voter selection 
is correctly conveyed to and represented within the voting system)
     efficient operation (time required to vote is not 
excessive)
     satisfaction (voter experience is safe, comfortable, free 
of stress, and instills confidence)
    It is the intention of the EAC that in future revisions to the 
Guidelines, usability will be addressed by high-level performance-based 
requirements. That is, the requirements will directly address metrics 
for effectiveness (e.g., correct capture of voter selections), 
efficiency (e.g., time taken to vote), and satisfaction. Until the 
supporting research is completed, however, the contents of this 
subsection are limited to a basic set of widely accepted design 
requirements and lower-level performance requirements. The reasons for 
this approach are:
     These are to serve as interim requirements, pending the 
issuance of high-level performance requirements
     The actual benefit of numerous detailed design guidelines 
is difficult to prove or measure
     The technical complexity and costs of a large set of 
detailed requirements may not be justified
     Guidelines that are difficult to test because of 
insufficient specificity have been omitted
    While the scope of usability applies to the entire voting process, 
the emphasis in these requirements is on the voter interface with the 
voting machine, which is assumed to be a visual-tactile interface.
    The outline for this subsection is:

3.1.1 Usability Testing
3.1.2 Functional Capabilities
3.1.3 Alternative Languages
3.1.4 Cognitive Issues
3.1.5 Perceptual Issues
3.1.6 Interaction Issues
3.1.7 Privacy
3.1.1 Usability Testing
    The vendor shall conduct summative usability tests on the voting 
system using individuals representative of the general population. The 
vendor shall document the testing performed and report the test results 
using the Common Industry Format. This documentation shall be included 
in the Technical Data Package submitted to the EAC for national 
certification.


[[Page 18841]]


    Discussion: Voting system developers are required to conduct 
realistic usability tests on the final product. For the present, 
vendors can define their own testing protocols. Future revisions to 
the Guidelines will include requirements for usability testing that 
will provide specific performance benchmarks.
3.1.2 Functional Capabilities
    The voting process shall provide certain functional capabilities to 
support voter usability.
    a. The voting system shall provide feedback to the voter that 
identifies specific contests or ballot issues for which he or she has 
made no selection or fewer than the allowable number of selections 
(e.g., undervotes)
    b. The voting system shall notify the voter if he or she has made 
more than the allowable number of selections for any contest (e.g., 
overvotes)
    c. The voting system shall notify the voter before the ballot is 
cast and counted of the effect of making more than the allowable number 
of selections for a contest
    d. The voting system shall provide the voter the opportunity to 
correct the ballot for either an undervote or overvote before the 
ballot is cast and counted
    e. The voting system shall allow the voter, at his or her choice, 
to submit an undervoted ballot without correction
    f. DRE voting machines shall allow the voter to change a vote 
within a contest before advancing to the next contest.

    Discussion: The point here is that voters using a DRE should not 
have to wait for the final ballot review screen in order to change a 
vote.

    g. DRE voting machines should provide navigation controls that 
allow the voter to advance to the next contest or go back to the 
previous contest before completing a vote on the contest currently 
being presented (whether visually or aurally).

    Discussion: For example, the voter should not be forced to 
proceed sequentially through all the contests before going back to 
check his or her selection for a previous contest.
3.1.3 Alternative Languages
    The voting equipment shall be capable of presenting the ballot, 
ballot selections, review screens and instructions in any language 
required by state or federal law.

    Discussion: HAVA Section 301 (a)(4) states that the voting 
system shall provide alternative language accessibility pursuant to 
the requirements of section 203 of the Voting Rights Act of 1965 (42 
U.S.C. 1973aa-1a). Ideally every voter would be able to vote 
independently and privately, regardless of language. As a practical 
matter, alternative language access is mandated under the Voting 
Rights Act of 1975, subject to certain thresholds, e.g., if the 
language group exceeds 5% of the voting age population. The audio 
interface provided for blind voters may also assist voters who speak 
English, but who are unable to read it (See Subsection 3.2.2.2).
3.1.4 Cognitive Issues
    The voting process shall be designed to minimize cognitive 
difficulties for the voter.
    a. Consistent with election law, the voting system should support a 
process that does not introduce any bias for or against any of the 
selections to be made by the voter. In both visual and aural formats, 
contest choices shall be presented in an equivalent manner.

    Discussion: Certain differences in presentation are mandated by 
state law, such as the order in which candidates are listed and 
provisions for voting for write-in candidates. But comparable 
characteristics such as font size or voice volume and speed must be 
the same for all choices.

    b. The voting machine or related materials shall provide clear 
instructions and assistance to allow voters to successfully execute and 
cast their ballots independently.

    Discussion: Voters should not routinely need to ask for human 
assistance.

    i. Voting machines or related materials shall provide a means for 
the voter to get help at any time during the voting session.

    Discussion: The voter should always be able to get help if 
needed. DRE voting machines may provide this with a distinctive 
``help'' button. Any type of voting equipment may provide written 
instructions that are separate from the ballot.

    ii. The voting machine shall provide instructions for all its valid 
operations.

    Discussion: If an operation is available to the voter, it must 
be documented. Examples include how to change a vote, how to 
navigate among contests, how to cast a straight party vote, and how 
to cast a write-in vote.

    c. The voting system shall provide the capability to design a 
ballot for maximum clarity and comprehension.
    i. The voting equipment should not visually present a single 
contest spread over two pages or two columns.

    Discussion: Such a visual separation poses the risk that the 
voter may perceive one contest as two. If a contest has a large 
number of candidates, it may be infeasible to observe this 
guideline.

    ii. The ballot shall clearly indicate the maximum number of 
candidates for which one can vote within a single contest.
    iii. There shall be a consistent relationship between the name of a 
candidate and the mechanism used to vote for that candidate.

    Discussion: For example, if the response field where voters 
indicate their selections is located to the left of a candidate's 
name, then each response field shall be located to the left of the 
associated candidates' names.

    d. Warnings and alerts issued by the voting system should clearly 
state the nature of the problem and the set of responses available to 
the voter. The warning should clearly state whether the voter has 
performed or attempted an invalid operation or whether the voting 
equipment itself has malfunctioned in some way.

    Discussion: In case of an equipment failure, the only action 
available to the voter might be to get assistance from a poll 
worke