Q: What are the voluntary voting system guidelines (VVSG)?
A: The
voluntary voting system guidelines are a set of specifications that voting systems, voting devices, and software must meet to receive a certification from the U.S. Election Assistance Commission (EAC).
EAC-accredited laboratories test voting systems, voting devices, and software against these guidelines.
Q: Must voting systems used in federal elections meet the requirements of the VVSG?
A: No, but all voting systems used in federal elections must meet the requirements of Section 301(a) of HAVA.
Q: Do all voting systems used in federal elections have to be tested and certified by the EAC?
A: No. According to the Help America Vote Act of 2002 (HAVA), participation by the states in the EAC certification program or adoption of the VVSG is voluntary. However, states may formally adopt the VVSG, making these guidelines mandatory in their jurisdictions.
Q: Do states have to use voting systems that have been certified by the EAC?
A: No. HAVA does not require states to use voting systems that have been certified by the EAC. Although participation in the program is voluntary, adherence to the program’s procedural requirements is mandatory for participants.
Q: How long has the federal government tested and certified voting equipment?
A: This is the first time the federal government has tested and certified voting systems.Previously, voting systems were tested and certified by the National Association of State Election Directors (NASED). NASED performed this service on a volunteer basis and received no federal funding or assistance. Most of the voting systems in use today were qualified by NASED. The EAC launched its full voting system testing and certification program in January 2007.
Q: How does the voting system certification process work?
A: The EAC accredits test laboratories (voting system test laboratories or VSTLs) that evaluate voting systems, voting devices, and software against the voluntary voting system guidelines to determine if they provide all of the basic functionality, accessibility, and security capabilities required of these systems. The test laboratory provides a recommendation to the EAC, and the Commission’s executive director makes the determination whether to issue a certification. Once a decision has been made, the EAC will post the information on the Voting System Certification section of the EAC Web site.
Q: How are the laboratories that test voting systems accredited?
A: HAVA states that the
National Institute of Standards and Technology (NIST) assist the EAC through its
National Voluntary Laboratory Accreditation Program (NVLAP), which provides recommendations to the EAC regarding laboratory accreditation. After the EAC receives the recommendations from NVLAP, EAC conducts further review of the recommended laboratories to address non-technical issues such as conflict of interest policies, organizational structure, and recordkeeping protocols. After the EAC review, the Commission votes regarding full accreditation. Once the Commission votes to accredit a laboratory it is referred to as a voting system test laboratory (VSTL), and the information is posted at www.eac.gov.
Q: Why are manufacturers allowed to pay VSTL directly? A: The EAC does not currently have the legal authority to collect money from voting system manufacturers to pay for the testing of voting systems. (see 31 U.S.C. §3302(b), Miscellaneous Receipts Act).
Q: Are manufacturers allowed to choose which VSTL to use?
A: Yes. Regardless of which VSTL conducts the work, all labs will be held accountable under the EAC accreditation requirements and international lab standards. If a VSTL violates either EAC policy or the international standards, it risks losing its accreditation by both EAC and NVLAP. The concept of manufacturers contracting with independent test labs is consistent with numerous other federal government and private sector testing programs.
Q: Will the source code be available to the public?
A: No. The EAC will make all information available to the public consistent with Federal law. The EAC is prohibited under the Trade Secrets Act (18 U.S.C. §1905) from making the source code information available to the public. However, the test labs will examine the source code to ensure compliance with the voluntary voting system guidelines. Test plans, test reports, and other information about the test labs and the voting system manufacturers are available on the EAC Web site (www.eac.gov).
Q: Will the EAC track problems that occur in the field?
A: Yes. The EAC’s certification program establishes accountability through its Quality Monitoring Program which ensures, through various check points, that the voting systems used in the field are in fact the same systems the EAC has certified. For instance, under the program, the EAC has the ability to conduct site visits to production facilities to determine whether systems produced are consistent with those that have received EAC certification. In addition, the EAC will collect reports from election officials regarding voting system anomalies. After reviewing the reports, the EAC will share credible information with election officials. Furthermore, upon invitation or with permission from election officials, the EAC will conduct reviews of systems that are in use in the field.
Q: What kind of information about the voting system testing and certification program is available to the public?
A: The following information will be posted on the
Voting System Certification section of EAC’s Web site: 1) registered voting system manufacturers; 2) voting systems under consideration; 3) certified voting systems; 4) test plans; 5) test reports; 6) notices of clarifications; 7) anomaly reports; 8) interpretations; 9) correspondence; 10) denials of certification; 11) decertification actions; 12) manufacturer appeals; and 13) other reports. The EAC also keeps the public informed by issuing program updates and providing the latest information in its electronic newsletter. To sign up for the newsletter send an e-mail to
HAVAinfo@eac.gov or call the EAC toll free at 1-866-747-1471.
Q: Under the EAC certification program, will there be any repercussions for a manufacturer that misrepresents its product or refuses to address valid system failures?
A: Yes. For the first time, manufacturers will be held accountable through the EAC’s Quality Monitoring Program and its decertification process, which would be the ultimate sanction against a manufacturer. If a system is decertified, the manufacturer may not represent the system as being certified, may not label the system as certified, and the system will be removed from the EAC’s list of certified voting systems. Election officials and the public will be immediately notified about the decertification.
