Yeah I get it.
But we need the actual federal statute to point this out to folks.
Anybody have the statute?
Yeah I get it.
But we need the actual federal statute to point this out to folks.
Anybody have the statute?
Here's a start. There does not seem to be an overriding federal standard, though.
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https://www.ncsl.org/research/elections-and-campaigns/voting-system-standards-testing-and-certification.aspx
Testing and Certification of Voting Systems
Local jurisdictions select and purchase voting systems, but before they are able to do so the system must go through a testing process to ensure that it meets state standards and in some cases federal standards as well. Voting system vendors are responsible for ensuring that the system is tested—often through a federally accredited Voting Systems Test Laboratory or VSTL—to the required standards. Once testing is complete, approval is issued at the state level and local jurisdictions may purchase the system.
Thirty-eight states and the District of Columbia use some aspect of the federal testing and certification program in addition to state-specific testing and certification of systems:
Nine states and D.C. require testing to federal standards (states reference standards drafted by the FEC, NIST or the EAC): Connecticut, D.C., Hawaii, Indiana, Kentucky, Nevada, NewYork, Tennessee, Texas and Virginia.
Seventeen states require testing by a federally accredited laboratory: Alabama, Arkansas, Arizona, Colorado, Illinois, Iowa, Massachusetts, Maryland, Michigan, Minnesota, Missouri, New Mexico, Oregon, Pennsylvania, Rhode Island, Utah and Wisconsin.
Twelve states require full federal certification (in statute or rule): Delaware, Georgia, Idaho, Louisiana, North Carolina, North Dakota, Ohio, South Carolina, South Dakota, Washington, West Virginia and Wyoming.
Four states refer to federal agencies or standards, but do not fall into the categories above:
Alaska: the director may consider whether the FEC has certified a voting machine when considering whether the system shall be approved for use in the state (though FEC certification is not a requirement).
California: the Secretary of State adopts testing standards that meet or exceed the federal voluntary standards set by the EAC.
Kansas: requires compliance with voting system standards required by HAVA.
Mississippi: DREs shall comply with the error rate standards established by the FEC (though other standards are not mentioned). (Note that the FEC no longer sets voting system standards.)
Eight states have no federal testing or certification requirements. Statutes and/or regulations make no mention of any federal agency, certification program, laboratory, or standard; instead these states have state-specific processes to test and approve equipment (Note that even states that do not require federal certification typically still rely on the federal program to some extent, and use voting systems created by vendors that have been federally certified):
Florida, Maine, Montana, Nebraska, New Hampshire, New Jersey, Oklahoma, and Vermont.
American Samoa, Guam, Puerto Rico and the Virgin Islands are also in this category.