Electronic Ballot Counting Device Advisory Committee by Thomas Manning Chapter 134 of the Laws of 2008

Charge to the Committee Facilitate the design of a ballot counting device fail safe and provably correct Identify an electronic ballot counting device eliminate manipulation of election results by tampering. Research upgrades for machines currently in use recommend which upgrades should be required for the continued use of the machines by cities and towns.

Committee Members Hon. Richard Drisko - House of Representatives Hon. Suzanne Harvey - House of Representatives Hon. Robert Perry - House of Representatives Walter Fries, Town Moderator - Local Election Official Donald Stritch, Town Moderator - Local Election Official James Tetreault, Town Clerk - Local Election Official Steven Edwards – Public Member Adrienne Hutchison – Public Member Assistant Secretary of State Anthony Stevens – Department of State Assistant Secretary of State Thomas Manning – Department of State

Recommendations of the Committee 1. Fail-Safe. train election officials in best practices of reconciliation and hand counting, which is the alternative if tabulators fail or are unavailable. 2. Memory Card Retention and Review. develop guidelines for the retention of the original memory cards used during elections for a period of time sufficient to deter tampering.

Recommendations of the Committee 3. Physical Security. (a) continue training, risk assessment efforts and the continuing review of chain of custody procedures for tabulator security, and (b) periodic review of tabulator and memory card storage and records. 4. Disable Serial Port. … disable the current AccuVote© ES 2000 serial port, with 3 witnesses attesting that the operation was completed.

Recommendations of the Committee 5. Upgrade AccuVote© Firmware Chip. …rescind the approval of the AccuVote© Version 1.94w firmware chip and tabulators with non-lucid read heads… approve the AccuVote© 1.96.13 AVOS firmware chip GEMS 1.21.5 software. 6. Random Audits. …statewide post-election hand-counted audit of randomly selected jurisdictions and randomly selected races… sufficient toi confirm that not enough error exists to change election outcomes.

Voting Machine Security

State of New Hampshire Secretary of State Electronic Ballot Counting Device Standard Operating Procedures for Testing and Security Seals Version 1.1

Wire Wind-Up Security Seal* Tamper Evident Labels (Tape Seals) Seal Types Wire Wind-Up Security Seal* Tamper Evident Labels (Tape Seals) *NOTE: Flat Plastic Seals are no longer available

Seal Locations One wire seal must be fully tightened attaching the 2 zippers on the closed canvas cover storing the counting device.

Seal Locations One wire seal must be fully tightened on the metal bar in front of the memory card slot.

Seal Locations Tamper Evident Label seals must be placed in the following 3 locations:

Seal Locations One seal affixed on the seam connecting the two hard shell covers on the front of the counting device.

Seal Locations One seal affixed on the seam connecting the two hard shell covers on the rear of the counting device.

Seal Locations One seal affixed over the 3 communications ports in the rear of the counting device.

3 SOS Activity Logs and 1 Access Log All of the Logs are on NHVotes Canvas Bag SOS Activity Log Counting Device SOS Activity Log Memory Card SOS Activity Log SOS Access Log All individuals who have access to the safe where the memory cards are stored. All individuals who have access to the secure area where the counting devices are stored.

Procedures On Line http://nhvotes.sos.nh.gov/

Procedures Logs shall be kept in the outside pocket of the canvas bag which contains the counting device.

Vendor Procedures NH SOS Security Upgrade Form confirms: Firmware chip has been upgraded to the 1.96.13 Visible or non-visible light read heads Disconnected modem, if present Cut the two telephone cables Disconnected the serial port ribbon cable Removal of all pins from the external serial port

Serial Numbers The canvas bag of each counting device must have a tag that indicates the serial number of the counting device inside. Review All Logs shall be subject to review by the Attorney General or Secretary of State at any time.

Memory Card (Installing) Whenever the clerk receives a memory card from the memory card programmer, the clerk shall record on the SOS Activity Logs all of the activities involved in receiving storing and securing that memory card.

Memory Card Retention The town or city clerk shall preserve each memory card at each election until after the recounts for such election are complete and any and all legal challenges to the outcome of that election are adjudicated. RSA 656:42

Memory Card (Removing) Whenever the town or city clerk removes the memory card from the counting device, the clerk shall record on the SOS Activity Logs all of the activities involved in that process. and The Clerk shall immediately return the memory card to the memory card programmer.

Maintenance, Storage & Counting Device Replacement The vendor shall follow the SOS Activity Log seal procedure when performing routine maintenance on the counting device and, confirm that the canvas bag of each counting device has a tag that indicates the serial number of the counting device inside. While in a secure storage area, the metal bar in front of the memory card slot and the canvas bag shall be sealed at all times.

Maintenance, Storage & Counting Device Replacement If a counting device is replaced, the clerk shall retain and store the SOS Activity Log from that device

Back-up Counting Devices Seals shall be affixed in the appropriate locations on all back-up counting devices.

Testing Instructions The clerk shall: Remove fifty ballots from the official ballots. Keep those test ballots separate. Subtract the fifty test ballots from the ballot inventory. Mark in red any ballots used for testing with the words “TEST”. Give public notice of the date and time of a pre-election test of the electronic ballot counting device and test ballots. RSA 91-A http://doj.nh.gov/publications/documents/right_to_know.pdf

Public Notice One of two methods: or (1) Notice of the time & place of any meeting (including non-public sessions) shall be posted in two appropriate places 24 hours prior to the meeting excluding Sundays and legal holidays. RSA 91-A: 2. Notices should be posted where people are likely to see them, such as on the public body’s website, the location where the checklist or town warrant is posted …or Town Hall bulletin board; or (2) Notice of the time & place of the meeting shall be printed in a newspaper of general circulation in the city or town at least 24 hours prior top the meeting, excluding Sundays & legal holidays.

Testing Instructions The clerk must mark as many as possible of the combinations of choices that a voter may indicate on the ballot. Machine readable!

Testing Instructions The clerk shall run each of the test ballots through the counting device in the following 4 orientations: Top First with side one face up Bottom First with side one face up Top first with side one face down Bottom first with side one face down Hand count the votes and multiply the results by 4. Check these results against the tally from the electronic ballot counting device.

Testing Instructions The pre-election test shall be completed no later than the Wednesday immediately prior to the election. New ballot counting device and/or memory cards - subject to a full cycle of testing. If the electronic ballot counting device tally does not match the hand count of the clerk, the clerk shall notify the moderator, who shall order that the electronic ballot counting device not be used at the election. Contact the Secretary of State and LHS immediately.

Testing Records The clerk shall document and preserve the pre-election test results in a secure location: The fifty test ballots. The hand count of votes on the test ballots signed by the clerk. The tape results from the electronic ballot counting devices signed by the clerk. The clerk shall test all electronic ballot counting devices and memory cards in the possession of the town or city to be used in said election.

Election Day - Moderator Prior to placing the electronic ballot counting device or any memory card into service in an election, the moderator shall: Certify that there is evidence that pre-election testing was conducted on each electronic ballot counting device Certify that there is evidence that pre-election testing was conducted on each memory card in the clerk’s possession. Certify that the devices and cards have passed the test.

Election Day - Moderator Upon receiving possession of a counting device on election day, the moderator shall: Verify all that seals have remained intact. Verify the seal numbers on the counting device match those recorded on the SOS Activity Log. Any seals which have been broken should be properly re-sealed, recorded and signed in the SOS Activity Log according to the correct procedure.

Election Day - Moderator if the moderator observes any tampered with or broken seal on the counting device without an adequate record in the SOS Activity Log, the moderator shall refrain from using the counting device in that election and shall report the apparent tampering to the Attorney General, the Secretary of State, the town or city clerk, and the selectmen.

Questions?

Thomas Manning Assistant Secretary of State Telephone: (603)271-8245