Voting Systems Breakout Texas Secretary of State Elections Division 11/13/2018 Voting Systems Breakout County Election Officials Election Law Seminar 2017 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State 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 11/13/2018 Texas Secretary of State

Texas Secretary of State Preparing Your Ballot 11/13/2018 Texas Secretary of State

Texas Secretary of State 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 11/13/2018 Texas Secretary of State

Texas Secretary of State Elections Division 11/13/2018 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. It is not the responsibility of the SOS to make sure that the vendor has the information they need for ballot programming. We will be sending the vendors a copy of the certification so that they know that it’s complete, but don’t rely on this for your own programming. Work with your vendor to make sure they have what they need from you. 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Programming Your Ballot 11/13/2018 Texas Secretary of State

ES&S – Programming Your Ballot Texas Secretary of State Elections Division 11/13/2018 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. 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Testing Your Voting System 11/13/2018 Texas Secretary of State

Texas Secretary of State Elections Division 11/13/2018 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 These are requirements under Texas Law so they are NOT optional. 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Logic And Accuracy Testing Texas Secretary of State Elections Division 11/13/2018 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. For Public L&A Test – You must publish notice of the public L&A Test. Conducting L&A test for primary --- “personally” notify the chair. ”personally” is not defined, but we think anything that is providing direct contact to the chair would be sufficient – phone call, email, etc. SOS would recommend documenting the personal notice in some way in case there are questions about how it occurred at a later date. 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Testing of Tabulation Equipment Texas Secretary of State Elections Division 11/13/2018 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. Tests 2nd and 3rd – Any documents generated from the 2nd and 3rd tests must be saved as required for precinct election records. (22 mos). Not open to the public, but pollwatchers can be present as these tests would be occurring while the CCS has convened. 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/13/2018 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. For your testing requirements, you must appoint a test board. It is very common for the party chairs to service on the test board. If you have a strong 3rd party presence in your county, you may want to consider involving them with the testing board for election in which their candidates will appear on the ballot. 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Testing Your Voting System Texas Secretary of State Elections Division 11/13/2018 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. 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Testing Your Voting System Texas Secretary of State Elections Division 11/13/2018 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 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

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. 11/13/2018 Texas Secretary of State

ES&S - Testing Your Voting System Texas Secretary of State Elections Division 11/13/2018 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. 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

Central Counting Station Procedures 11/13/2018 Texas Secretary of State

Central Counting Station Texas Secretary of State Elections Division 11/13/2018 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.” 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

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) 11/13/2018 Texas Secretary of State

Personnel for Central Counting Station Texas Secretary of State Elections Division 11/13/2018 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 Considering the mandatory appointments, this means that you have to have a minimum of three people to convene your CCS. 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

Central Counting Station Manager Texas Secretary of State Elections Division 11/13/2018 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. County clerk on the ballot --- should NOT be CCS manager. 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

Tabulation Supervisor Tabulation Supervisor is in charge of operation of tabulating equipment. (127.003) Trained in the operation of the automatic tabulating equipment. 11/13/2018 Texas Secretary of State

Central Counting Station Presiding Judge Texas Secretary of State Elections Division 11/13/2018 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. The important thing to note here is that 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

Assistants to Tabulation Supervisor Assistants may be appointed to assist the Tabulation Supervisor. (127.004) 11/13/2018 Texas Secretary of State

Counting Station Clerks Texas Secretary of State Elections Division 11/13/2018 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. Often times, there will be coordination between the CCS manager and the PJ for the appointment of clerks. The clerks can generally assist the CCS personnel if the manager and PJ agree on this. 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

Qualifications – Central Counting Station (CCS) CCS Manager Tabulation Supervisor Assistant Tabulators CCS Judge CCS Clerks Registered Voter of _________ Political subdivision of authority establishing CCS No requirement. Political subdivision of authority adopting voting system Political subdivision. Registered voter unless… Person is employee or it’s the first year of adoption Person is employee County with pop less than 60K, be registered voter or employee. N/A Can be an employee of political subdivision? Yes. Yes – if no other legal or practical conflict. Can be a candidate or officeholder? Yes – if general custodian of election records. No. Other requirements Knowledge of voting system Trained on voting system. Trained on voting systems None. Must meet other requirements of an election judge? Must meet clerk requirements. 11/13/2018 Texas Secretary of State

NEW LAW -- Oaths and Identification Texas Secretary of State Elections Division 11/13/2018 NEW LAW -- Oaths and Identification HB 1735 adds 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 Will be issuing an advisory on this as the Oath that is prescribed in the code is very specific to elections where party affiliation is at play. We will make some minimal modifications to the oath so that it can be used for elections without party affiliations. 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

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 11/13/2018 Texas Secretary of State

Central Counting Station Plan Texas Secretary of State Elections Division 11/13/2018 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) 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

Central Counting Station Plan Texas Secretary of State Elections Division 11/13/2018 Central Counting Station Plan Suggested Elements of Plan Key CCS Personnel Roles and Responsibilities Tabulation of election day ballots Accumulating results General conduct rules Reconciliation of number of voters who voted with election totals. Testing Procedures Intake of ballots, electronic media, and supplies. Printing of precinct returns, election totals. Duplication of Ballots Security Procedures Resolving Voter Intent (Write-ins) Storage of election materials Counting Write-ins Procedure for Reconvening CCS Tabulation of mail ballots Tabulation of early voting ballots While this list looks long, these are just some suggestions as to what your CCS plan should include. You have to walk a fine line with this plan. It needs to be sufficiently broad so that you are not writing yourself into a box. You don’t want to have to explain to pollwatchers and candidates why you’ve deviated from you plan --- which you may have to do from time to time. But at the same time, you want those pollwatches and candidates to know that you have thought about the big things and that you are prepared to handle different scenarios. 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State 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 NOT release results until after the polls close on election day. 11/13/2018 Texas Secretary of State

What does it mean to convene CCS? Minimum of three people – CCS Manager Tabulation Supervisor Presiding Judge Poll watchers are entitled to be present. 11/13/2018 Texas Secretary of State

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. 11/13/2018 Texas Secretary of State

Texas Secretary of State Elections Division 11/13/2018 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 Judge has the authority to determine voter intent, such a misspelling of a write-in candidate’s name or other irregularly marked ballots. Often times, the manager and PJ may work together in completing some of these task… 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/13/2018 Results Results must be reported by election day precinct as 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) This is very important. We have heard of numerous counties that only print off their election totals --- they do NOT print out their precinct by precinct report of totals. This is WRONG!!! You MUST print out a precinct by precinct report otherwise, you are not completing your precinct returns which is required under Texas law. 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State 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. 11/13/2018 Texas Secretary of State

Texas Secretary of State Elections Division 11/13/2018 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. 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/13/2018 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!!!! Illegal voting, ballot boxes counted twice, locked up results, 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 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. 11/13/2018 Texas Secretary of State Elections Division

ES&S - Central Counting Station Texas Secretary of State Elections Division 11/13/2018 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. 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

Voting System Security 11/13/2018 Texas Secretary of State

Texas Secretary of State Elections Division 11/13/2018 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”) 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Pre-Election Security Procedures Texas Secretary of State Elections Division 11/13/2018 Pre-Election Security Procedures Required Procedures under Section 129.051 Inventory of 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. Inventory ] 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/13/2018 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.” Work with your county HR person on this – county may have a process or service for completing your background checks. IF not, there is DPS web portal that you can use that is very cost effective. Details on how to use it will be in the EVSP advisory. 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/13/2018 Required Plans Recovery Plan for breach of security. The plan must include a process for notifying SOS (129.052) Contingency Plan for 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. 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State 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) 11/13/2018 Texas Secretary of State

Texas Secretary of State 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) 11/13/2018 Texas Secretary of State

Texas Secretary of State 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) 11/13/2018 Texas Secretary of State

Texas Secretary of State 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) 11/13/2018 Texas Secretary of State

ES&S - Presentation on Security Texas Secretary of State Elections Division 11/13/2018 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. 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

Obtaining a New Voting System 11/13/2018 Texas Secretary of State Elections Division

Requirements under Texas Law Approval of Voting System Contract by SOS Adoption of Voting System by Commissioners Court Acceptance Testing 11/13/2018 Texas Secretary of State Elections Division

Approval of a Voting System Contract Texas Secretary of State Elections Division 11/13/2018 Approval of a Voting System Contract A contract for the acquisition of a voting system MUST be in writing and MUST be approved by the Secretary of State. Any contract not approved by the SOS is void.  Executing  a voting system equipment contract without the approval of the SOS constitutes a Class B Misdemeanor. 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

What kind of contracts need to be approved? Texas Secretary of State Elections Division 11/13/2018 What kind of contracts need to be approved? Contracts for different equipment with your current vendor. EX: Precinct Scanners to DREs Contracts for a new voting system with your current vendor. EX: ESS Unity to EVS; Hart HVS to Verity. Contracts with different vendors. Software updates to existing software do not need to come back to us for approval so long as the update itself was approved by the SOS. 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Obtaining Approval of Contract To obtain SOS approval, you must submit to the SOS: A letter requesting approval, AND A copy of the relevant portions of the acquisition contract (version numbers).   If a contract is approved, the SOS will provide you: A letter granting approval, AND A copy of the voting system certification order. Send letter to: elections@sos.texas.gov 11/13/2018 Texas Secretary of State Elections Division

ES&S - Obtaining a New System Texas Secretary of State Elections Division 11/13/2018 ES&S - Obtaining a New System Chris & Matt are available throughout the purchasing process. Onsite demonstrations, budget information, Commissioner meetings; we are here to help support you in every aspect. Stop by the Nueces room to take a look at the new suite of election products. 11/13/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Questions? 11/13/2018 Texas Secretary of State