NCVI Voting System Recommendations

SECURING THE VOTE PROJECT
NATIONAL COMMITTEE FOR VOTING INTEGRITY’S
NATIONAL CAMPAIGN FOR VOTING SYSTEM INTEGRITY

This document has been prepared based on a request from the Leadership Conference on Civil Rights to the National Committee for Voting Integrity (NCVI). NCVI has been asked to review in light of the likely use of paperless DRE voting machines in the upcoming National Elections any possible remedial steps that may be taken to minimize the loss of votes cast on paperless direct recording electronic (DRE) voting machines or paper optical scan voting systems. These recommendations also include information on how to make the use of optical scan voting systems as effective as possible.

This discussion does not propose to make voting on current DRE and optical scan voting technology secure. We will not attempt to assure voters that each vote cast will be tabulated. There is no currently deployed voting technology, which can guarantee that each vote will be accurately recorded, retained, and tabulated as each voter intends. We do want to impress upon the reader that there are better methods of designing voting systems and that those methods have yet to be deployed for use for the 2004 General Election.

It is the position of the committee that currently deployed paperless DRE voting systems should be replaced before the 2006 general election. Further, we advise that Election Administrators who use automated central tabulating processes for optical scan ballot systems immediately evaluate those systems for accuracy, reliability, and security.

RECOMMENDATIONS FOR PAPERLESS DRE VOTING MACHINES:

These recommendations will not prevent the loss of votes from occurring nor will they make apparent in every instance that votes may be compromised by the currently deployed DRE systems. These measures are recommended to mediate the numbers of votes potentially lost or changed by DRE paperless voting machines.

The following provides a list of obvious problems that, if detected, would indicate that the machines currently in use should be removed immediately from the voting process. If a machine is in the process of being prepared for use, that machine should be powered down and not used in the voting process.

1) Voting Machine not powering up. Do not make multiple attempts to start a machine.
2) Missing candidate names or ballot options from the DRE display screen.
3) Incorrect date and time information displayed.
4) Calibration errors that occur after initial calibration.
5) Any messages displayed on voting screen other than those presented as part of a normal voting process: restart request, reboot request, error messages, etc.
6) If the electronic ballot design displayed is different or appears unusual on one or more machines.
7) The machine powers up but presents an initial screen different than the usual or standard one.
8) The machine display flashes or is otherwise inconsistent.

RECOMMENDATIONS

Election Administrators

1) Carefully constrain and document all vendor and third party access to voting technology during any closure period prior to and including Election Day and post election period that contest or legal challenges may be filed by interested parties.
2) Develop and communicate steps before Election Day to address DRE voting machine failures, which should include a paper ballot backup plan.
3) Document chain of custody of voting machines, and ballots where applicable.
4) Use physical tamper detection measures on voting machines.
5) Develop and test Multilanguage ballot formats prior to Election Day.
6) Provide what is at least 3 hours of instruction and an additional hour of instruction on the use of the machine, which includes rehearsing set up and operation.
7) Provide sufficient privacy space for voting stations.
8) Allow poll observers in each polling location as well as during the monitoring of the tabulating process.
9) Have at least one poll worker at each polling location trained to check the calibration of DRE voting machines and if necessary recalibrate them.
10) Provide a sufficient number of local and federal provisional ballots as well as a paper ballot option upon voter request.
11) Instruct poll workers on the use of provisional ballots.
12) Provide statistics by polling location and precinct on the total number of attempts to vote, the number of votes cast for each candidate or question on the ballot, the number of undervotes by race, and spoiled provisional ballots if applicable.

Poll Judges or Election Supervisors

1) Refuse no one, who remotely may be a legitimate voter, the right to vote. Use provisional ballots.
2) Be prepared. Know what to do if a DRE voting machine malfunctions or breaks down. Report all DRE problems. Have a paper ballot option.
3) Voters with language, visual impairments, or literacy difficulty that are not addressed by current DRE technology should be allowed to choose who assists them in voting.
4) At your poll location, write down the serial number, make, and model of each voting machine, include any information about the software that is visible when you start or calibrate the machine, and its working condition, and document any changes in this status.
5) Know who is working at your polling location.
6) Provide sufficient privacy space for voting stations.
7) Make sure that poll observers and workers are present with you to verify that each voting machine’s physical tamper detection measures have not been disturbed. Immediately report any problems.
8) Make sure you and all poll workers receive at the minimum 3 hours of training.
9) Know how to check the calibration of a DRE voting machine and to recalibrate the machine if necessary.
10) Have a camera with you on Election Day, to document any irregularities you may detect with the voting machines—do not photograph voters.

Voters

1) Register to vote in a timely fashion, or make sure your registration is current if you believe you are already registered. Confirm your voting location if you have any doubts.
2) Volunteer to work at a polling location and then you can vote absentee to make your day easier. Otherwise, make every effort to vote in your precinct location on Election Day.
3) If your name does not appear on the list of registered voters, request a (local) provisional ballot.
4) You can vote from any polling location in the state where you are a registered voter by using a Federal provisional ballot.
5) Bring a sample ballot marked as you intend to vote to the polling location to compare with items listed on the DRE viewing screen. If the DRE screen does not list all candidates’ names, offices, or options on the ballot, immediately report this to the poll workers at your voting location. Then ask to vote on a Paper Ballot.
6) After each selection on the DRE, Look to be sure that the choices displayed are your votes. If the wrong choice appears, STOP immediately notify a poll worker and vote using a paper ballot.
7) Report any problems you having voting on Election Day to 1-866-OUR-VOTE.

Election Protection Efforts

1) Make sure that all vendor access to voting technology is carefully constrained and documented during any legally constrained period prior to and including Election Day and post election period that contest or legal challenges may be filed by interested parties.
2) Make sure that a chain of custody is present and retained with each voting machine.
3) Review Multilanguage ballot formats prior to Election Day.
4) Know whether any wireless technology is present in voting machines or vote tabulation devices? If the answer is yes — have the technology disabled.
5) All polling locations using paperless DRE voting machines should provide each voter the option of voting on a paper based system if they so choose.
6) All polling locations using paperless DRE voting machines should be prepared in the event that machine malfunctions and failures occur.
7) Documented chain of custody should be maintained for each voting machine, unopened quantities of physical ballots where applicable, and automated tabulating mechanism.
8) Each voting machine should have physical tamper detection measures applied to determine if the machine has been compromised.
9) At the least 3 hours of training for each poll worker.
10) One poll worker at each polling location should be trained to check DRE voting machine calibration and recalibrate machines if necessary. When possible election protection personnel should also know how machines are calibrated.
11) Poll Observer with a camera at each polling. Do not take pictures of voters.
12) Prepare incident report mechanism to allow the documentation of technical problems, which are reported by voters or poll workers. These reports should be sent to the NCVI for further evaluation and study.
13) Report the total number DRE voting machines provided to each polling location, by serial number, make, model, software version, and function status.
14) Make sure a report on the total number of voters who visit each polling location on Election Day, along with the total number of votes cast for each candidate or question on the ballot, the number of undervotes, overvotes, and no votes registered by race is immediately posted in a visible place outside of the polling location at the end of the election so that any voter can see the results for that polling location and/or precinct.

OPTICAL SCAN BALLOT SYSTEM GIVENS:

Currently Deployed Optical Scan Ballot Voting Systems are:
1) No more accurate than the pencil or pen marks produced by a voter, and potentially less accurate because of potential manipulations.
2) Able to tabulate conscientiously marked ballots made by a number 2 soft lead pencil, as calibrated and shipped by the vendor.
3) Problematic if ballots are marked by die based inks not containing carbon black, or when marking single pencil strokes such as an X or checkmark.
4) Sometimes constructed using infrared ballot scanning technology instead of visible light, which are unable to register votes made with die-based inks.
5) Subject to voter error if the pen or pencil marks do not meet specifications.
6) Subject to not tabulating every vote if the marks on ballots are not machine readable during the tabulating process.
7) More difficult for voters who have language, literacy, visual or physical challenges.
8) More accurate in determining voter intent and detecting overvotes when properly functioning Precinct-count ballot readers are placed in each polling location to allow voters to check their ballots.
9) Subject to tabulation errors caused due to smudged, damaged, or mismarked ballots, including those introduced accidentally or intentionally by election workers.
10) Subject to a higher number of overvotes and undervotes if a Precinct-count ballot reader is not used. Therefore, ballots that register an over vote or under vote under these conditions are best counted by hand tabulation.
11) When accuracy of the machine count is questioned, hand-tabulating ballots is possible.

TRIAGE RECOMMENDATIONS FOR PRECINCT AND CENTERAL TABULATION OPTICAL SCAN SYSTEMS:

Normal procedures call for the use of a central tabulation facility only for absentee ballots, while ballots cast at polling places are normally scanned at the polling place.

The following will provide a list of obvious problems that, if addressed could make the Election Day run smoother in voting system where precinct ballot scanning and central tabulation exist.

1) Too little or no private space for voting station.
2) The polling location not having an optical scan ballot reader.
3) The optical scan ballot reader not being turned own or operational.
4) The setting on the optical scan ballot reader not set to read overvotes or undervotes on ballots.
5) Ballot marking devices not complying with specifications of the precinct tabulating facility and central tabulating technology.
6) Precinct ballot scanner and central tabulator technology not calibrated to read reasonable marks, which should include a dark stroke crossing the voting target on its long dimension and half the width of the target should register as a vote.
7) Poll workers or election workers with writing implements that can be used to identify, vote, or alter ballots.
8) Lack of chain of custody for ballots, precinct scanners, and central ballot tabulation system.

Election Administrators

1) Carefully manage ballot design for clarity and functionality.
2) Carefully constrain and document all vendor access to voting technology during any closure period prior to and including Election Day and post election period that contest or legal challenges may be filed by interested parties.
3) Each polling location should have an optical ballot reader. The ballot reader should have its setting to detect overvotes turned on at the central county facility prior to being sent to polling locations.
4) Have procedures in place to deal with precinct scanner failures, which should include instructions to poll workers on how to use the emergency ballot box compartments to hold ballots in the event of a scanner failure.
5) Develop and test Multilanguage ballot formats prior to Election Day.
6) Have procedures in place at the central tabulator facility to sort out ballots that register overvotes or no votes to check for discernable ballot markings by hand counting them.
7) Document chain of custody for optical scan ballots, ballot markers, Precinct-count ballot readers, and automated central tabulating mechanism.
8) Apply physical tamper detection measures to packages of ballots.
9) Election Administration should test all ballot marking devices to be sure that they meet specifications of the precinct tabulating facility and central tabulating technology. (Do not rely on the vendor)
10) The precinct tabulator and central tabulator technology should be calibrated to read reasonable marks, which should include a dark stroke crossing the voting target on its long dimension and half the width of the target should register as a vote.
11) Tabulators should be tested and/or calibrated to ignore erasures made by a new gum eraser of a thoroughly blackened pencil mark.
12) At the least 3 hours of training for each poll worker.
13) Provide a sufficient number of local and federal provisional ballots and optical scan ballots.
14) Instruct poll workers on the use of Provisional Ballots.
15) Allow voters with language, literacy, or visual impairments not addressed by Multilanguage or tactile ballot formats to select who may assist them in voting.
16) Allow voters to bring their own sample ballots to the voting station.
17) Make sure the voting stations have sufficient space to provide individual privacy to voters.
18) Allow poll observers in each polling location as well as during the monitoring of all tabulating process.
19) Central tabulation equipment should be adjusted to sort out all ballots that read as over voted or blank so that these can be inspected to see if they contain discernible votes.
20) Provide statistics by polling location, precinct, county and state central tabulation on the total number of optical scan ballots, federal and local provisional ballots provided to each polling location. Also provide the total number of absentee ballots, voters who came to each polling location, the total number of votes cast by candidate or question on the ballot, the number of undervotes, overvotes, no votes registered by race, and the number of spoiled ballots.

Poll Judges or Election Supervisors

1) Refuse no one, who remotely may be a legitimate voter, the right to vote. Do not turn voters away if the precinct counter scanner fails. Use the emergency ballot box compartments that can be used in the event of a scanner failure. For those voters who do not appear on the voter registration list provide them with a provisional ballot so that they may vote on Election Day.
2) Allow voters with language, literacy, or visual impairments not addressed by Multilanguage or tactile ballot formats to select who may assist them in voting.
3) At your poll location, document the number of unmarked ballots, ballot markers, and precinct tabulating machines, including the serial number, make and model information provided to your polling location.
4) Know who is working at your polling location.
5) Make sure that poll observers and workers are present with you to verify that all voting supplies’ physical tamper detection measures have not been disturbed. Immediately report any problems.
6) At the least 3 hours of training for each poll worker.
7) Make sure the voting stations have sufficient space to provide individual privacy to voters.
8) Have a camera with you on Election Day, to document any irregularities you may detect, do not take photos of voters.
9) At the end of the day record the number of used ballots, unused ballots, and spoiled ballots and equipment including make, model and serial number you are returning.

Voters

1) Register to vote in a timely fashion, or make sure your registration is current if you believe you are already registered. Confirm your voting location if you have any doubts.
2) Volunteer to work at a polling location and then you can vote absentee to make your day easier. Otherwise, make every effort to vote in your precinct location on Election Day.
3) If your name does not appear on the list of registered voters, request a (local) provisional ballot.
4) You can vote from any polling location in the state where you are a registered voter by using a Federal provisional ballot.
5) Only use the ballot marker provided by the poll workers or if one is not provided ask an Election Day poll worker what you should use to correctly mark your ballot.
6) Know how you must mark your ballot so that it will be counted in the Election.
7) Bring a sample ballot marked as you intend to vote to the polling location to compare with items listed on the Optical scan ballot. If the optical scan ballot does not list all candidates’ names, offices, or options on the ballot immediately report this to the poll workers at your voting location. Then ask to vote on a Federal Provisional Ballot. Report the problem immediately by calling 1-866-OUR-VOTE.

Election Protection Efforts

1) Carefully manage ballot design for clarity and functionality.
2) Make sure that all vendor access to voting technology is carefully constrained and documented during any legally constrained period prior to and including Election Day and post election period that contest or legal challenges may be filed by interested parties.
3) Allow no uncertified changes to software installed on Precinct-count ballot readers or central tabulating systems.
4) Any wireless technology associated with any electronic voting technology should be disabled.
5) Review Multilanguage ballot formats prior to Election Day.
6) A documented chain of custody should be maintained for each packet of optical scan ballots, ballot marking items, and Precinct-count ballot readers on and before Election Day to establish who has had contact with these items.
7) Make sure that precinct tabulators and central count tabulators can read ballots marked, which should include a dark stroke crossing the voting target on its long dimension and half the width of the target should register as a vote.
8) Each polling location should have an optical ballot tabulator. The ballot reader should have its setting to detect overvotes turned on at the central county facility prior to being sent to polling locations.
9) Make sure that procedures are in place to deal with precinct scanner failures, which should include instructions to poll workers on how to use the emergency ballot box compartments to hold ballots in the event of a scanner failure.
10) Make sure that procedures are in place at the central tabulator facility to sort out ballots that register overvotes or no votes to check for discernable ballot markings by hand counting them.
11) Each ballot reader and package of optical scan ballots should have physical tamper detection measures applied to them.
12) Documented minimum of at least 3 hours of training for each poll worker.
13) Poll Observer at each polling location with technical training.
14) Prepare incident report mechanism to allow the documentation of technical problems, which are reported by voters or poll workers. These reports should be sent to the US Election Assistance Commission for further evaluation and study.
15) Report the total number of optical scan ballots, federal and local provisional ballots provided to each polling location.
16) Make sure a report on the total number of voters who visit each polling location on Election Day, along with the total number of votes cast for each candidate or question on the ballot, the number of under votes, overvotes, and no votes registered by race is immediately posted in a visible place outside of the polling location at the end of the election so that any voter can see the results for that polling location and/or precinct.
17) Check the total number of unused and used ballots, ballot marking items, and Precinct-count ballot readers are returned from each polling location at the end of the election and compare this information with what was sent to each polling/precinct location.

TRIAGE RECOMMENDATIONS FOR OPTICAL SCAN SYSTEMS CENTRAL COUNT BALLOT SCANNER:

The following will provide a list of obvious problems for an optical scan central ballot counting process that, if detected would indicate that the machines currently in use should be removed from the voting process. If a machine is in the process of being prepared for use, that machine should be powered down and not used in the voting process.

1. The incorrect writing instrument for the tabulation setting for the central count facility.
2. Too little or no private space for voting station.
3. The setting on the central count facility not set to register overvotes or undervotes on ballots.
4. Process not established prior to the election to address central count undervotes and overvotes on ballots.
5. Central tabulation machine not set to sort out overvotes and under vote ballots to be reviewed by hand count.
6. A confusing ballot design.
7. Poll workers or election workers with writing implements that can be used to vote or alter ballots.
8. Lack of chain of custody for voted and unused ballots
9. Little or no poll worker training

Election Administrators

1. Carefully manage ballot design for clarity and functionality.
2. Carefully constrain and document all vendor access to central counting technology during any closure period prior to and including Election Day and post election period that contest or legal challenges may be filed by interested parties.
3. Allow no uncertified changes to software or firmware installed on central ballot tabulation system.
4. Any wireless technology associated with any voting technology should be disabled.
5. A documented chain of custody should be maintained for optical scan ballots, ballot markers and central counting mechanism.
6. Packages of optical scan ballots, and marking instruments should have physical tamper detection measures applied to them.
7. Make sure the voting stations have sufficient space to provide privacy to voters.
8. Election Administration should test all ballot marking devices to be sure that they meet specifications of the central tabulating technology. (Do not rely on the vendor).
9. Make sure that the Precinct-count ballot reader and central count tabulators can read to ballot marked with a number two soft lead pencil, which should include a dark stroke crossing the voting target on its long dimension and half the width of the target should register as a vote.
10. At the least 3 hours of training for each poll worker.
11. Provide a sufficient number of optical scan ballots as well as a supply of both local and federal provisional ballots for use on Election Day.
12. Voters should be instructed in their right to request a Provisional Ballot and what remedial action should be taken if that right is denied.
13. Allow voters needing assistance to select who may assist them in voting.
14. Report the total number of optical scan ballots, federal and local provisional ballots provided to each polling location.
15. Report the total number of voters who visit each polling/precinct location on Election Day, along with the total number of votes cast for each candidate or question on the ballot, the number of undervotes, overvotes registered by race, as well as the total number of unused and spoiled ballots.

Poll Judges or Election Supervisors

1) Refuse no one, who remotely may be a legitimate voter, the right to vote. Do not turn voters away if the precinct counter scanner fails. Use the emergency ballot box compartments that can be used in the event of a scanner failure. For those voters who do not appear on the voter registration list provide them with a provisional ballot so that they may vote on Election Day.
2) Allow voters with language, literacy, or visual impairments not addressed by Multilanguage or tactile ballot formats to select who may assist them in voting.
3) At your poll location, document the number of unmarked ballots and ballot markers provided to your polling location.
4) Know who is working at your polling location.
5) Make sure that poll observers and workers are present with you to verify that all voting supplies’ physical tamper detection measures have not been disturbed. Immediately report any problems.
6) Make sure you and all poll workers receive at least 3 hours of training.
7) At the end of the day record the number of used ballots, unused ballots, and spoiled ballots and equipment including make, model and serial number you are returning.

Voters

1. Register to vote in a timely fashion, or make sure your registration is current if you believe you are already registered. Confirm your voting location if you have any doubts.
2. Volunteer to work at a polling location and then you can vote absentee to make your day easier. Otherwise, make every effort to vote in your precinct location on Election Day.
3. If your name does not appear on the list of registered voters, request a (local) provisional ballot.
4. You can vote from any polling location in the state where you are a registered voter by using a Federal provisional ballot.
5. Only use the ballot marker provided by the poll workers or if one is not provided ask an Election Day poll worker what you should use to correctly mark your ballot.
6. Know how you must mark your ballot so that it will be tabulated in the Election.
7. Bring a sample ballot marked as you intend to vote to the polling location to compare with items listed on the Optical scan ballot. If the optical scan ballot does not list all candidates’ names, offices, or options on the ballot immediately report this to the poll workers at your voting location. Then ask to vote on a Federal Provisional Ballot. Report the problem immediately by calling 1-866-OUR-VOTE.

Election Protection Efforts

You may witness what is taking place during the election process and document what you see for legal challenges to the process or to affirm the correctness of the administration of the election activity observed. Under no circumstances may you interfere with the election or election process as conducted—but you can report suspicious activity to third parties outside of the polling location for legal intervention by a federal or state court.

1. Make sure that all vendor access to voting technology is carefully constrained and documented during any legally constrained period prior to and including Election Day and post election period that contest or legal challenges may be filed by interested parties.
2. Allow no uncertified changes to software installed to central tabulating systems.
3. Any wireless technology associated with any electronic voting technology should be disabled.
4. A documented chain of custody should be maintained for each packet of optical scan ballots and ballot marking items
5. Make sure that the central count tabulators can read to ballot marked with a number two soft lead pencil, which is recognized as a dark stroke crossing the voting target on its long dimension and half the width of the target should register as a vote.
6. Make sure that procedures are in place at the central tabulator facility to sort out ballots that register overvotes or no votes to check for discernable ballot markings by hand counting them.
7. Each package of optical scan ballots and ballot markers should have physical tamper detection measures applied to them.
8. Documented minimum of 3 hours of training for each poll worker.
9. Prepare incident report mechanism to allow the documentation of technical problems, which are reported by voters or poll workers. These reports should be sent to the US Election Assistance Commission for further evaluation and study.
10. Report the total number of optical scan ballots, federal and local provisional ballots provided to each polling location.
11. Make sure a report on the total number of voters who visit each polling location on Election Day, along with the total number of votes cast for each candidate or question on the ballot, the number of undervotes, overvotes, and no votes registered by race is immediately posted in a visible place outside of the polling location at the end of the election so that any voter can see the results for that polling location and/or precinct.
12. Check the total number of unused and used ballots and ballot marking items returned from each polling location at the end of the election and compare

Contact Information for the National Committee for Voting Integrity, 1718 Connecticut Avenue, NW Suite 200, Washington, DC 20009. Coordinator Lillie Coney, 202-483-1140 x 111