FEC Standards and State Law

The security risks involved in computerized voting systems have been noted by the government. In 1983, the Federal Election Commission published a a study citing a number of technical problems threatening the integrity of the vote counting process. The study advocated the publication of national performance standards to be used by state and local officials in the testing, certification and procurement of computerized voting systems. In 1984, Congress authorized the FEC to develop national voting system standards for computerized voting systems. Cogress mandated that such standards must be voluntary, as the "States are free to adopt the standards in whole or in part, or reject them. States may also choose to enact stricter performance requirements for systems to be used in their jurisdictions." [Voting System Standards, pg xvii] Consequentaly, several suggestions for rigourous standards such as mandating that direct recording electronic systems produce machine readable paper confirmation of the voter's choice or the prohibition of Votomatic punchcard systems were not included so as not to "usurp the authority of states." [Notice 1990-1] The Voting System Standards, released in 1990, incorporated many of the criticisms and suggestions made by independant experts throughout the 1980s.

States have subsequently had the opportunity to make the FEC's guidelines compulsary through state law. In 1996, Kentuky passed a bill requiring certification by state-approved independant authorities that, "the system meets all Federal Election Commission voting system standards." [1996 Ky HB 154] Acceptable testing authorities must consist of an expert in patent law, a computer scientist, and an individual specializing in election proceedure. Ohio requires, ""a board of voting machine examiners to examine and approve equipment and examine and approve its related manuals and support arrangements." [ORC Ann. 3506.05 (1996)] Other states have legislated both testing and operational proceedures [for example, Illinois' 10 ILCS 5/24A-13 (1996) and Alaska Stat.@ 15.20.620 (1995)].

FEC Guidelines

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