Verified Voting Blog: Letter to North Carolina Board of Elections Regarding Certification Waiver for ES&S EVS 5.2.4.0
Dear Members of the North Carolina Board of Elections,
I am writing to you in my capacity as President of Verified Voting. Please forgive the lateness of the communication as I only recently learned of your meeting today. I am writing to urge the State Board of Elections to proceed with caution and decline to waive certification requirements for the ES&S EVS 5.2.4.0 to allow Mecklenburg County to purchase uncertified ExpressVote HW2.1 ballot marking devices (“BMDs”) for all voters. Not only would such a decision run contrary to North Carolina statutory law, but the failure to carefully examine the differences between this system and the certified system could needlessly expose Mecklenburg County to increased security risks in the upcoming election. Because Mecklenburg County insists on buying computerized ballot marking devices for all voters, the increased risk to North Carolina voters is grave indeed.
As we discuss more fully below, the differences between the two systems in both software and hardware are substantial. We believe elevating the security risk is needless because Mecklenburg County has other options in two certified systems by two other vendors. Additionally, in our view, there is time for Mecklenburg to institute a more secure system in which voters primarily mark paper ballots with a pen and the county also supplies sufficient operable ballot marking devices for voters who need or wish to use them. According to the Board, a prerequisite to use of the certified ES&S system in Mecklenburg County is the use of the system in at least one precinct in the November 2019 election. That has apparently already occurred with ExpressVote HW1.0 ballot marking device. To avoid waiving any legislative requirements, Mecklenburg could institute hand-marked paper ballots that are scanned by the DS 200 and BMDs with the vendor’s existing supply of BMDs. If the vendor represents that it does not have enough systems to even supply a small number of BMDs for each precinct, the State Board of Elections should consider the vendor’s presentation of the system for certification as offered in bad faith, especially if the vendor knew it would no longer manufacture that version of its equipment and would be unable to adequately supply counties that chose it.