Voting Systems Breakout

1. Voting Systems Breakout County Election Officials Election Law Seminar 2017 Texas Secretary of State Elections Division

2. 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 Texas Secretary of State

3. Preparing Your Ballot Texas Secretary of State

4. 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). • 45th day before November 7, 2017= September 23, 2017 Texas Secretary of State

5. Ballot Certification • Thursday, August 31, 2017 (68th 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. Texas Secretary of State Elections Division

6. Programming Your Ballot Texas Secretary of State

7. 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. Texas Secretary of State Elections Division

8. Testing Your Voting System Texas Secretary of State

9. 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 Texas Secretary of State Elections Division

10. 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. Texas Secretary of State Elections Division

11. 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. Texas Secretary of State Elections Division

12. 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. Texas Secretary of State Elections Division

13. 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. Texas Secretary of State Elections Division

14. 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 Texas Secretary of State

15. 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. Texas Secretary of State

16. 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. Texas Secretary of State

17. Central Counting Station Procedures Texas Secretary of State

18. 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.” Texas Secretary of State

19. 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) Texas Secretary of State

20. 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 Texas Secretary of State

21. 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. Texas Secretary of State

22. Tabulation Supervisor • Tabulation Supervisor is in charge of operation of tabulating equipment. (127.003) • Trained in the operation of the automatic tabulating equipment. Texas Secretary of State

23. 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. Texas Secretary of State

24. Assistants to Tabulation Supervisor • Assistants may be appointed to assist the Tabulation Supervisor. (127.004) Texas Secretary of State

25. 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. Texas Secretary of State

26. Qualifications – Central Counting Station (CCS) Texas Secretary of State

27. NEW LAW -- Oaths and Identification • HB 1735adds 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 Texas Secretary of State

28. 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 Texas Secretary of State

29. 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) Texas Secretary of State

30. 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 (Write-ins) • Counting Write-ins • Tabulation of mail ballots • Tabulation of early voting ballots • 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

31. Time for Convening • CCS may only convene on election day. • Exception – • In counties with 100K+ - 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 NOTrelease results until after the polls close on election day. Texas Secretary of State

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

33. 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. Texas Secretary of State

34. 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 Judgehas the authority to determine voter intent, such a misspelling of a write-in candidate’s name or other irregularly marked ballots. Texas Secretary of State

35. Results • Results must be reported by election day precinctas 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) Texas Secretary of State

36. 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. Texas Secretary of State

37. 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. Texas Secretary of State Elections Division

38. 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!!!! Texas Secretary of State Elections Division

39. 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. Texas Secretary of State Elections Division

40. 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. Texas Secretary of State

41. Voting System Security Texas Secretary of State

42. 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”) Texas Secretary of State Elections Division

43. Pre-Election Security Procedures • Required Procedures under Section 129.051 • Inventoryof 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. Texas Secretary of State

44. 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.” Texas Secretary of State

45. Required Plans • Recovery Planfor breach of security. The plan must include a process for notifying SOS (129.052) • Contingency Planfor 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. Texas Secretary of State

46. 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) Texas Secretary of State

47. 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) Texas Secretary of State

48. 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) Texas Secretary of State

49. 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) Texas Secretary of State

50. 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. Texas Secretary of State