Voting Systems Breakout County Election Officials Election Law

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Voting Systems Breakout County Election Officials Election Law Seminar 2017 12/4/2020 Texas Secretary of

Voting Systems Breakout County Election Officials Election Law Seminar 2017 12/4/2020 Texas Secretary of State Elections Division 1

Topics Covered • • Preparing Your Ballot Programming Your Voting System Testing Your Voting

Topics Covered • • Preparing Your Ballot Programming Your Voting System Testing Your Voting System Central Counting Station Procedures Voting System Security Obtaining a New Voting System Q&A 12/4/2020 Texas Secretary of State 2

Preparing Your Ballot 12/4/2020 Texas Secretary of State 3

Preparing Your Ballot 12/4/2020 Texas Secretary of State 3

Preparing Your Ballot • No specific statutory deadline. • Ballots must be prepared, finalized,

Preparing Your Ballot • No specific statutory deadline. • Ballots must be prepared, finalized, and tested in time for mail ballots to be mailed in compliance with Section 86. 004 of the Texas Election Code, UOCAVA, MOVE (Federal military voting laws). • 45 th day before November 7, 2017= September 23, 2017 12/4/2020 Texas Secretary of State 4

Ballot Certification • Thursday, August 31, 2017 (68 th day before election day) –

Ballot Certification • Thursday, August 31, 2017 (68 th day before election day) – Deadline for the Secretary of State to certify the state constitutional amendment election. (Sec. 274. 003). – SOS will certify both the wording of the constitutional amendments and the proposition numbers (order on ballot). – As a courtesy, a copy of the certification will be sent to the voting system vendors at the same time. 12/4/2020 Texas Secretary of State Elections Division 5

Programming Your Ballot 12/4/2020 Texas Secretary of State 6

Programming Your Ballot 12/4/2020 Texas Secretary of State 6

ES&S – Programming Your Ballot • Don’t stress… • All questions can be directed

ES&S – Programming Your Ballot • Don’t stress… • All questions can be directed to Ariela and the Plano, TX team for assistance. Kaleb, Brenda and John H. are always available to help. • ERM questions? Stop by the Nueces Conference room this week for a quick refresher! • The Texas Team is here to help! Stop by our booth to get the scoop on your ES&S support team. Grab an Ice Cream handout for all of our contact info. 12/4/2020 Texas Secretary of State Elections Division 7

Testing Your Voting System 12/4/2020 Texas Secretary of State 8

Testing Your Voting System 12/4/2020 Texas Secretary of State 8

Voting System Testing • For every election, you must conduct: – Logic and Accuracy

Voting System Testing • For every election, you must conduct: – Logic and Accuracy Testing (L&A) • Subchapter B, Chapter 129, Texas Election Code – Testing of Tabulation Equipment • Subchapter D, Chapter 127, Texas Election Code 12/4/2020 Texas Secretary of State Elections Division 9

Logic And Accuracy Testing • What is it? Testing an election definition to ensure

Logic And Accuracy Testing • What is it? Testing an election definition to ensure that it has been set up correctly -- that each contest, candidate, or measure can be voted on and receives the correct number of votes; that all ballot styles are accurate. • Public L&A Test must occur at least 48 hours before voting begins on a voting system. • SOS RECOMMENDATIONS: – Run an internal L&A test before your public test. – Schedule public test before mail ballots are mailed out. 12/4/2020 Texas Secretary of State Elections Division 10

Testing of Tabulation Equipment • What is it? Testing the automatic tabulating equipment used

Testing of Tabulation Equipment • What is it? Testing the automatic tabulating equipment used for counting ballots to make sure that it accurately counts the ballots cast. • Three Required Tests: – Test 1 (Public Test)- must be conducted at least 48 hours before the equipment is used to count ballots in an election. **Conducted at same time as public L&A Test. – Test 2 – immediately before the counting of ballots – Test 3 – immediately after the counting of ballots. 12/4/2020 Texas Secretary of State Elections Division 11

Voting System Testing • Testing Board – Appointed by General Custodian of Election Records

Voting System Testing • Testing Board – Appointed by General Custodian of Election Records – Should consist of at least 2 persons – At least one from each political party, if applicable. 12/4/2020 Texas Secretary of State Elections Division 12

Testing Your Voting System • Test Deck should include… – Overvotes/undervotes for each race

Testing Your Voting System • Test Deck should include… – Overvotes/undervotes for each race – Write-ins, if applicable – Electronic processing of provisional votes, if applicable (DRE) – Different vote totals for candidates • The SOS STRONGLY suggests that entities create their own test deck. 12/4/2020 Texas Secretary of State Elections Division 13

Testing Your Voting System • Best Practices – For DREs and BMDs, each entry

Testing Your Voting System • Best Practices – For DREs and BMDs, each entry should be made by a team of 2 people. 1 person calling, 1 person marking and both reviewing the summary screen. – Test the audio, large font functionality and sip/puff on your DRE/BMD. – Test your e-pollbooks – Test your modeming of results, if applicable 12/4/2020 Texas Secretary of State 14

Testing Your Voting System • Upon completion of testing – Testing Board shall witness

Testing Your Voting System • Upon completion of testing – Testing Board shall witness and document any and all steps taken to reset, seal and secure the equipment and test materials. – Test materials shall be kept in a secure container with tamper-evident seals that contain some kind of unique identifier (serial numbers). – The general custodian of election records shall preserve the test deck and related media for the duration of the preservation period associated with that election. 12/4/2020 Texas Secretary of State 15

ES&S - Testing Your Voting System • Before mailing the media out to our

ES&S - Testing Your Voting System • Before mailing the media out to our customers, the Texas Team has already gone through multiple quality checks to ensure your ballots are programmed correctly and are ready for you to start L&A testing, as well as any other procedures required for your county. • For any questions or support, you can always start with your ES&S Texas Team, or call Hardware/Software Support at 877 -377 -VOTE (8683), Option 4. 12/4/2020 Texas Secretary of State 16

Central Counting Station Procedures 12/4/2020 Texas Secretary of State 17

Central Counting Station Procedures 12/4/2020 Texas Secretary of State 17

Central Counting Station A central counting station is the place on election night where

Central Counting Station A central counting station is the place on election night where ballots are counted, vote totals accumulated and the unofficial elections results are generated. – Can establish more than 1 CCS (substations) – Sometimes referred to as a “central accumulation station. ” 12/4/2020 Texas Secretary of State 18

Establishing Central Counting Station • The authority adopting a voting system for use is

Establishing Central Counting Station • The authority adopting a voting system for use is responsible for establishing one or more central counting stations. – In a county ordered election, this is would be the commissioner’s court. (127. 001) 12/4/2020 Texas Secretary of State 19

Personnel for Central Counting Station • Mandatory Appointments: -Central Counting Station Manager -Tabulation Supervisor

Personnel for Central Counting Station • Mandatory Appointments: -Central Counting Station Manager -Tabulation Supervisor -Presiding Judge and Alternate Judge • Optional Appointments: -Assistants to Tabulation Supervisor -Counting Station Clerks 12/4/2020 Texas Secretary of State 20

Central Counting Station Manager • Manager is in charge of the overall administration of

Central Counting Station Manager • Manager is in charge of the overall administration of the CCS, and of the supervisor of personnel. (127. 002) – Must have knowledge and experience in the conduct of elections with the electronic voting system. – SOS strongly recommends that the general custodian of election records (e. g. County Clerk or EA), or a member of their staff, be appointed as the CCS Manager. 12/4/2020 Texas Secretary of State 21

Tabulation Supervisor • Tabulation Supervisor is in charge of operation of tabulating equipment. (127.

Tabulation Supervisor • Tabulation Supervisor is in charge of operation of tabulating equipment. (127. 003) – Trained in the operation of the automatic tabulating equipment. 12/4/2020 Texas Secretary of State 22

Central Counting Station Presiding Judge • Presiding Judge is responsible for maintaining order and

Central Counting Station Presiding Judge • Presiding Judge is responsible for maintaining order and has same authority as a precinct presiding judge. (127. 005) – Responsible for determining voter intent for ballots. – MUST sign off on precinct returns. • If a county election, must be appointed through list procedure along with alternate. 12/4/2020 Texas Secretary of State 23

Assistants to Tabulation Supervisor • Assistants may be appointed to assist the Tabulation Supervisor.

Assistants to Tabulation Supervisor • Assistants may be appointed to assist the Tabulation Supervisor. (127. 004) 12/4/2020 Texas Secretary of State 24

Counting Station Clerks • Clerks may be appointed by the Manager or the Presiding

Counting Station Clerks • Clerks may be appointed by the Manager or the Presiding Judge to assist. – Manager Assistance: Duplicating ballots. – Judge Assistance: Logging entries in chain custody as polling place precinct judges bring in media/voted ballots. 12/4/2020 Texas Secretary of State 25

Qualifications – Central Counting Station (CCS) CCS Manager Tabulation Supervisor Assistant Tabulators CCS Judge

Qualifications – Central Counting Station (CCS) CCS Manager Tabulation Supervisor Assistant Tabulators CCS Judge CCS Clerks Registered Voter of _____ Political subdivision of authority establishing CCS No requirement. Registered voter unless… Person is employee or it’s the first year of adoption Person is employee County with pop N/A less than 60 K, be registered voter or employee. N/A Can be an employee of political subdivision? Yes – if no other legal or practical conflict. Can be a candidate Yes – if general or officeholder? custodian of election records. No. Yes – if no other legal or practical conflict. Yes – if general custodian of election records. No. Other requirements Trained on voting None. systems None. Yes. Must meet clerk requirements. Knowledge of voting system Must meet other Yes. requirements of 12/4/2020 an election judge? No. Texas Secretary of State Political subdivision of subdivision. authority adopting voting system Yes. 26

NEW LAW -- Oaths and Identification • HB 1735 adds Section 127. 0015. –

NEW LAW -- Oaths and Identification • HB 1735 adds Section 127. 0015. – Required Oath for all election officers appointed under Chapter 127 • CCS Manager, Tabulation Supervisor, Tabulation Assistants • Presiding Judge/Alternate Judge • CCS Clerks. – Must have nametag prescribed by SOS. – Effective 9/1/2017 12/4/2020 Texas Secretary of State 27

Central Counting Station Plan • Manager MUST: – Implement a written plan for the

Central Counting Station Plan • Manager MUST: – Implement a written plan for the orderly operation of the station. • NEW LAW: HB 1735 – The Central Counting Station Plan must be made available to the public on request not later than 5 P. M. on the fifth day before the date of election. • For November 7, 2017 Uniform election date = Thursday, November 2, 2017 12/4/2020 Texas Secretary of State 28

Central Counting Station Plan • The plan MUST address the process for comparing the

Central Counting Station Plan • The plan MUST address the process for comparing the numbers of voters listed as having voted and number of ballots. – Early Voting in Person: Compare # of early voters on early voting roster/combination form to the # of ballots cast. – Election Day: Compare # of voter on combination form to # of ballots cast. (127. 007) – By Mail: Compare # of ballots entered on “Ballot Transmittal Form” from EVBB to number of ballots counted. (87. 021, 87. 1221) 12/4/2020 Texas Secretary of State 29

Central Counting Station Plan • Suggested Elements of Plan – Key CCS Personnel Roles

Central Counting Station Plan • Suggested Elements of Plan – Key CCS Personnel Roles and Responsibilities – General conduct rules – Testing Procedures – Intake of ballots, electronic media, and supplies. – Duplication of Ballots – Resolving Voter Intent (Writeins) – Counting Write-ins – Tabulation of mail ballots – Tabulation of early voting ballots 12/4/2020 – Tabulation of election day ballots – Accumulating results – Reconciliation of number of voters who voted with election totals. – Printing of precinct returns, election totals. – Security Procedures – Storage of election materials – Procedure for Reconvening CCS Texas Secretary of State 30

Time for Convening • CCS may only convene on election day. • Exception –

Time for Convening • CCS may only convene on election day. • Exception – – In counties with 100 K+ - Elections ordered by the counted or conducted jointly with the county – may convene to count mail ballots after EV in person concludes. – In these counties, CCS can convene and count but may NOT release results until after the polls close on election day. 12/4/2020 Texas Secretary of State 31

What does it mean to convene CCS? • Minimum of three people – –

What does it mean to convene CCS? • Minimum of three people – – CCS Manager – Tabulation Supervisor – Presiding Judge • Poll watchers are entitled to be present. 12/4/2020 Texas Secretary of State 32

Receiving Mail Ballots • EVBB prepares “ballot transmittal form” – Form contains the number

Receiving Mail Ballots • EVBB prepares “ballot transmittal form” – Form contains the number of accepted mail ballots that will be counted at central count. – EVBB will deliver the form to the CCS Manager as general custodian. (§ 87. 021, § 87. 1221) • EVBB will secure ballots for delivery to CCS. • CCS Judge will accept ballots and sign a receipt acknowledging receipt and the seals were intact. 12/4/2020 Texas Secretary of State 33

Counting Ballots • After CCS Judge accepts ballots: – CCS Manager prepares ballots for

Counting Ballots • After CCS Judge accepts ballots: – CCS Manager prepares ballots for counting. – CCS Manager has authority to duplicate ballots, and have Clerks assist with duplication. – CCS Presiding Judge has the authority to determine voter intent, such a misspelling of a write-in candidate’s name or other irregularly marked ballots. 12/4/2020 Texas Secretary of State 34

Results • Results must be reported by election day precinct as part of the

Results • Results must be reported by election day precinct as part of the total for early votes. • The precinct returns must be prepared and signed by the CCS Judge. – The same number of copies must be prepared as a precinct polling place (3 copies). – The precinct returns may be generated by the voting system – still must be signed by CCS Judge. (127. 131) 12/4/2020 Texas Secretary of State 35

Write-In Votes • The CCS Judge (Presiding and Alternate, if applicable) and the CCS

Write-In Votes • The CCS Judge (Presiding and Alternate, if applicable) and the CCS Clerk are responsible for counting write-in votes at the CCS. – They may have to have tally teams in larger elections, such a presidential election to ensure the write-in ballots are counted on election night. 12/4/2020 Texas Secretary of State 36

Reminders • Keep counting until you’re done. You can’t go home and come back

Reminders • Keep counting until you’re done. You can’t go home and come back in the morning to resume counting activities. • After CCS has adjourned, there is no authority to reconvene CCS to resolve errors. (COURT ORDER) • Contact the SOS if… – Unresolvable errors in counting. – Results will be late. 12/4/2020 Texas Secretary of State Elections Division 37

Reminders • Double check the number of voters that voted at each polling place

Reminders • Double check the number of voters that voted at each polling place to your totals for that polling place. – If your total number of voters doesn’t match your total number of voted ballots, you may have a problem. • If you have questions, contact the SOS THAT NIGHT!!!! 12/4/2020 Texas Secretary of State Elections Division 38

At the end of the night…. • You should have the following: – Precinct

At the end of the night…. • You should have the following: – Precinct Returns (65. 014, 127. 131) – Unofficial Results (Totals) (66. 056, 127. 1311) • This means you should have at least two different reports printed out. 12/4/2020 Texas Secretary of State Elections Division 39

ES&S - Central Counting Station • If you want on-site support for any Texas

ES&S - Central Counting Station • If you want on-site support for any Texas election date, get your request in at least 60 days prior to Election Day. You may call the Texas Team or submit the request on your Election Forms. • On Election Night if you require assistance, please call Hardware/Software Support 877 -377 -VOTE (8683) Option 4. 12/4/2020 Texas Secretary of State 40

Voting System Security 12/4/2020 Texas Secretary of State 41

Voting System Security 12/4/2020 Texas Secretary of State 41

Security Procedures • Chapter 129, Subchapter C, TEC – – – Pre-Election Security Procedures

Security Procedures • Chapter 129, Subchapter C, TEC – – – Pre-Election Security Procedures (129. 051) Transport of Voting System Equipment (129. 052) Access to Voting System Equipment (129. 053) Network Connections and Wireless Technology (129. 054. ) Equipment and Software (129. 055) Plan for Machine Failure (129. 056) • Electronic Voting System Procedures Advisory (“EVSP Advisory”) 12/4/2020 Texas Secretary of State Elections Division 42

Pre-Election Security Procedures • Required Procedures under Section 129. 051 – Inventory of all

Pre-Election Security Procedures • Required Procedures under Section 129. 051 – Inventory of all electronic information storage media. – Develop procedure for tracking chain of custody – Establish a secure location for: • storing electronic storage media when not in use, • coding a medium for election, • transferring and installing the medium into the voting system equipment, and • storing after it’s been loaded into equipment. – Create a recovery plan in case there is breach in security procedures. – Perform background checks on appropriate personnel. 12/4/2020 Texas Secretary of State 43

Background Checks • General custodian MUST: – Conduct a background check on election officials

Background Checks • General custodian MUST: – Conduct a background check on election officials and staff (both temporary and permanent) involved in programming, testing and preparing the voting systems for the election. (129. 051) – SOS recommends all individuals take the following oath: • “I swear (or affirm) that I will faithfully perform my duty as an officer of the election and guard the purity of the election. ” 12/4/2020 Texas Secretary of State 44

Required Plans • Recovery Plan for breach of security. The plan must include a

Required Plans • Recovery Plan for breach of security. The plan must include a process for notifying SOS (129. 052) • Contingency Plan for handling DRE voting machine failure. The plan must include a process for notifying SOS. (129. 056) • Training Plan for addressing security procedures and relevant work instructions. (EVSP Advisory) • Central Counting Station Plan for the orderly operation of the central counting station (127. 007). • SOS RECOMMENDATION: Combine or consolidate the various plans as applicable so that the information is together in one place. 12/4/2020 Texas Secretary of State 45

Security Procedures • General custodian MUST: – Develop procedure for tracking custody of electronic

Security Procedures • General custodian MUST: – Develop procedure for tracking custody of electronic storage media from the time of programming until the time of post-election disposition. – At least two persons MUST be present when a change in custody occurs. (129. 051) 12/4/2020 Texas Secretary of State 46

Security Procedures • General Custodian MUST: – Backup the programming for every election. –

Security Procedures • General Custodian MUST: – Backup the programming for every election. – Limit the # of persons with access to the programming. – The process for backing up the programming must be included in the “Business Continuity and Disaster Recovery Plan. ” (EVSP Advisory) 12/4/2020 Texas Secretary of State 47

Security Procedures • General Custodian MUST: – Adopt procedures that provide for the secure

Security Procedures • General Custodian MUST: – Adopt procedures that provide for the secure storage of voting systems prior to delivery to the polling place, and secure transport and storage of voting systems at polling place. • Procedures must require two or more individuals to perform a verification check whenever a transfer of custody occurs or when left unattended for any length of time. • Must use tamper resistant/tamper evident seals, logs and other security measure to detect unauthorized access. (129. 052) • Storage media must sealed inside DRE equipment with a tamper evident seal. (EVSP Advisory) 12/4/2020 Texas Secretary of State 48

Security Procedures • General Custodian MUST: – Train election day workers on: • Operation

Security Procedures • General Custodian MUST: – Train election day workers on: • Operation of voting systems, and proper installation and use at polling place; • Verifying and documenting that unique identifier on voting system equipment is the same as on the log; • Reporting any evidence of tampering; • Handling any equipment malfunctions, e. g. changing to emergency paper ballots; • Comparing # of voters to # of ballots cast. • Properly securing equipment/polling place and transfer equipment and media back to the general custodian. (EVSP Advisory) 12/4/2020 Texas Secretary of State 49

ES&S - Presentation on Security • Seals, logs and labels allow you to verify

ES&S - Presentation on Security • Seals, logs and labels allow you to verify physical security of your election equipment, and provide transparent chain of custody throughout the election process. • The Secure Data Protocols handout has information to help answer inquiries regarding system security. • We take security and the integrity of your elections seriously. If you receive any media inquires, voter concerns or questions related to security, we have an entire team dedicated to ensuring security. • As always, keep your equipment secure and locked. 12/4/2020 Texas Secretary of State 50

Obtaining a New Voting System 12/4/2020 Texas Secretary of State Elections Division 51

Obtaining a New Voting System 12/4/2020 Texas Secretary of State Elections Division 51

Requirements under Texas Law 1. Approval of Voting System Contract by SOS 2. Adoption

Requirements under Texas Law 1. Approval of Voting System Contract by SOS 2. Adoption of Voting System by Commissioners Court 3. Acceptance Testing 12/4/2020 Texas Secretary of State Elections Division 52

Approval of a Voting System Contract • A contract for the acquisition of a

Approval of a Voting System Contract • A contract for the acquisition of a voting system MUST be in writing and MUST be approved by the Secretary of State. – Any contract not approved by the SOS is void. – Executing a voting system equipment contract without the approval of the SOS constitutes a Class B Misdemeanor. 12/4/2020 Texas Secretary of State Elections Division 53

What kind of contracts need to be approved? • Contracts for different equipment with

What kind of contracts need to be approved? • Contracts for different equipment with your current vendor. – EX: Precinct Scanners to DREs • Contracts for a new voting system with your current vendor. – EX: ESS Unity to EVS; Hart HVS to Verity. Contracts with different vendors. 12/4/2020 Texas Secretary of State Elections Division 54

Obtaining Approval of Contract • To obtain SOS approval, you must submit to the

Obtaining Approval of Contract • To obtain SOS approval, you must submit to the SOS: – A letter requesting approval, AND – A copy of the relevant portions of the acquisition contract (version numbers). • If a contract is approved, the SOS will provide you: – A letter granting approval, AND – A copy of the voting system certification order. • Send letter to: [email protected] texas. gov 12/4/2020 Texas Secretary of State Elections Division 55

ES&S - Obtaining a New System • Chris & Matt are available throughout the

ES&S - Obtaining a New System • Chris & Matt are available throughout the purchasing process. • Onsite demonstrations, budget information, Commissioner meetings; we are here to help support you in every aspect. • Stop by the Nueces room to take a look at the new suite of election products. 12/4/2020 Texas Secretary of State 56

Questions? 12/4/2020 Texas Secretary of State 57

Questions? 12/4/2020 Texas Secretary of State 57