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This
section contains background summary information on the VVSG, including
the legislation responsible for its writing and a history of previous
versions of the VVSG.
In
1974, the National Bureau of Standards (now the National Institute
of Standards and Technology) began a research project under computer
scientist Roy G. Saltman, funded by the Office of Federal Elections
of the General Accounting Office. This project resulted in a
1975 NBS Interagency Report, later reprinted as SP 500-30, Effective
Use of Computing Technology in Vote-Tallying. The report provided
findings
and conclusions about improving the accuracy and security of the
vote-tallying process, about improving the management of the election
preparation process, and about institutional factors affecting
accuracy and security. The report also pointed out the lack of
systematic research on election equipment and systems, and on
human engineering of voting equipment, and it concluded that the
setting of national minimum standards for federal election procedures
would serve a valuable function.
In
1984, Congress appropriated funds for the FEC to develop voluntary
national standards for computer-based voting systems. The FEC
formally approved the Performance and Test Standards for Punchcard,
Marksense and Direct
Recording Electronic Voting Systems in January 1990, which
became known as the 1990 Voting Systems Standard (VSS).
The national testing effort was developed and overseen by the
National Association of State Election Director's Voting Systems
Board, which is composed of election
officials and independent technical advisors. NASED's
testing program was initiated in 1994 and more than 30 voting
systems or components of voting systems have gone through the
NASED testing and qualification process. In addition, many systems
have subsequently been certified at the state level using the
Standards in conjunction with functional and technical requirements
developed by state and local policymakers to address the specific
needs of their jurisdictions.
As
the qualification process matured and qualified systems were used
in the field, the Voting Systems Board, in consultation with the
testing labs, identified certain testing issues that needed to
be resolved. Moreover, rapid advancements in information and
personal computer technologies introduced new voting system development
and implementation scenarios not contemplated by the 1990 VSS.
In 1997, NASED briefed the FEC on the necessity for continued
Commission involvement, citing the importance of keeping the Standards
current in its reflection of modern and emerging technologies
employed by voting system manufacturers. Following a Requirements
Analysis released in 1999, the Commission authorized the Office
of Election Administration to revise the Standards to reflect
contemporary needs of the elections community. This resulted
in the 2002 Voting System Standards, or 2002 VSS.
In
2002, Congress passed the Help America Vote Act (HAVA) [HAVA02],
which created a new process for improving voluntary voting system
guidelines. A new federal entity was created, the Election Assistance
Commission (EAC), to oversee the process. The EAC established
the Technical Guidelines Development Committee (TGDC) in accordance
with the requirements of Section 221 of HAVA pursuant to the Federal
Advisory Committee Act, 5 U.S.C. App. 2. The objectives and duties
were to act in the public interest to assist the EAC in the development
of the voluntary voting system guidelines. The membership, as
defined by HAVA, includes:
-
The Director of the National Institute of Standards and Technology
(NIST) who shall serve as its chair,
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Members of the EAC Standards Board,
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Members of the EAC Board of Advisors,
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Members of the Architectural and Transportation Barrier, and
Compliance Board (U.S. Access Board),
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A representative of the American National Standards Institute
(ANSI),
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A representative of the Institute of Electrical & Electronics
Engineers (IEEE),
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Two representatives of the NASED selected by such Association
who are not members of the Standards Board or Board of Advisors,
and who are not of the same political party, and
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Other individuals with technical and scientific expertise relating
to voting systems and voting equipment.
The
TGDC first met in July 2004 and delivered its initial set of recommendations
to the EAC in April 2005. Operating as a Federal Advisory Committee,
the TGDC formed three working subcommittees:
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Security and Transparency (STS),
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Human Factors and Privacy (HFP), and
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Core Requirements and Testing (CRT).
The
three subcommittees in collaboration with NIST recommended requirements
for adoption by the full Committee at public plenary sessions.
The TGDC's initial set of recommendations, VVSG 2005, augmented
the VSS 2002 by including security measures for auditability,
wireless communications and software distribution and set up,
and improvements for the accessibility guidelines and usability
design guidelines for voting systems.
The
TGDC also recommended that the VVSG 2005 be replaced with a far-reaching
guideline that would address in-depth security, performance-based
guidelines for usability testing and an overhaul of the standards
and test
methods to meet today's more rigorous needs for electronic
voting systems. This new VVSG, applied to the next generation
of voting equipment, addresses those needs.
Although
both HAVA and the VVSG contain requirements, the scope and application
are quite different in the two cases. HAVA is a Federal law that,
among other things, provides to the states financial aid for the
purchase of new voting equipment. In section 301 it also sets
forth broad functional standards for voting systems as
used in Federal elections. That is, it governs the systems as
actually deployed in polling places throughout the country. Violation
of these standards may result in adverse action by the Department
of Justice against a State or other voting jurisdiction. The standards
encompass procedures as well as equipment, e.g. the requirement
that each state adopt a uniform definition of a "vote".
The VVSG is a set of highly detailed technical requirements in
support of the broad goals of HAVA. These requirements apply only
to voting equipment, not to procedures in the polling place. If
a type of voting system (i.e. a particular make and model)
meets all of the VVSG requirements (as determined by conformance
testing conducted by an accredited laboratory), then that type
is eligible to be certified as being compliant with the
VVSG. Thus the VVSG is addressed to vendors of voting equipment,
not to states. Finally, although many states will purchase only
equipment that has been certified, the guidelines are voluntary
in that states are free to purchase and use non-certified systems,
as long as they comply with the HAVA standards.
Table
1: HAVA and the VVSG
|
Characteristic
|
HAVA
|
VVSG
|
|
Status
|
Federal
Law
|
Federal
Guidelines
|
|
Scope
|
Voting
Systems and Procedures
|
Voting
Equipment
|
|
Primary
Audience
|
States
|
Equipment
Vendors
|
|
Enforcement
|
Dept
of Justice
|
EAC
|
|
Phase
of Life-cycle
|
Procurement/Deployment
|
Conformance
Testing
|
|
Level
of Specification
|
Broad/Functional
|
Detailed/Technical
|
|