We are pleased to provide testimony and remarks regarding proposed rule changes to Colorado’s Rules Concerning Elections 8 CCR 1501-5. We appreciate the effort of your office to solicit preliminary comments from the public to inform the draft of the proposed rule changes and were happy to participate in the process. We remain in opposition to Rule 16.2.1(c). However, before addressing Rule 16.2.1(c), we would first like to address proposed new Rule 16.2.8 prohibiting Internet voting because it is inextricably linked to proposed Rule 16.2.1(c).
Public comments voiced significant objection to Internet voting. The Secretary has proposed Rule 16.2.8 which states:
New Rule 16.2.8:
16.2.8 NOTHING IN THIS RULE 16.2 PERMITS INTERNET VOTING. INTERNET VOTING MEANS A SYSTEM THAT INCLUDES REMOTE ACCESS, A VOTE THAT IS CAST DIRECTLY INTO A CENTRAL VOTE SERVER THAT TALLIES THE VOTES, AND DOES NOT REQUIRE THE SUPERVISION OF ELECTION OFFICIALS
Proposed new Rule 16.2.8 unfortunately fails to recognize that email and fax return of voted ballots (permitted and expanded in Rule 16.2.1(c)) is Internet voting and includes all of the inherent security risk of Internet voting. In fact, email (and digital fax) are considered by voting system experts at both the National Institute of Standards and Technology and the U.S. Election Assistance Commission to be even less secure, [1. “E-mails are significantly easier to intercept and modify in transit than other forms of communication.” NIST IR 7551 A Threat Analysis of UOCAVA Voting Systems http://www.nist.gov/itl/vote/upload/uocava-threatanalysis-final.pdf], [2. “Email is about the least secure method of ballot delivery,” Brian Hancock The Canvass – “Internet voting, not ready for prime-time?” Feb 2013 http://www.ncsl.org/Portals/1/Documents/legismgt/elect/Canvass_Feb_2013_no_37.pdf] than the type of Internet voting system described in proposed Rule 16.2.8.