Date: 12/16/2008

Final
Testimony of Mr. Maurice Knaizer

ELECTION REFORM COMMISSION

Votes: View--> Action Taken:
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09:33 AM

The commission was called to order. A quorum was present.


09:34 AM -- Testimony of Mr. Maurice Knaizer

Mr. Maurice Knaizer, Assistant Deputy Attorney General, provided expert witness testimony to the commission. Mr. Knaizer, provided background on House Bill 08-1155, concerning the authority of the Secretary of State to continue the certification process for voting systems retested by the Secretary of State in 2007. Mr. Knaizer explained the reason for the bill, and how voting systems are certified under the bill. Mr. Knaizer then discussed the effect of sunsetting the provisions of the bill in July 2009, as provided in current law. Mr. Knaizer responded to questions regarding the types of voting systems that would be decertified if the provisions of House Bill 08-1155 were to sunset, and what voting system certification standards would be applicable if the sunset takes place.


09:44 AM

Mr. Knaizer responded to questions regarding options available to the legislature in light of the sunsetting of House Bill 08-1155, and which voting system certification standards apply to the purchase of new voting equipment. Discussion ensued regarding the time frame required to certify voting systems if the provisions of the bill sunset. Discussion returned to the voting system certification standards that would apply if the provisions of House Bill 08-1155 are repealed by sunset. Discussion turned to the functioning of the voting system certification appeals process as a result of the sunset, and the parties that would be involved in a public hearing to consider decertification of a voting system as provided in state law.


09:55 AM

Discussion continued regarding the appeals process during the certification of voting systems, and the Secretary of State's powers to issue and rescind orders pertaining to voting system certification. Mr. Knaizer responded to questions regarding the certification of voting systems for the 2009 election, and the validity of orders issued under House Bill 08-1155, if the provisions of the bill sunset. Discussion followed regarding the ability of the public, voting system vendors, or counties to appeal a decision of the Secretary of State to decertify certain voting systems if the sunset takes place.


10:05 AM

Discussion ensued regarding certain ambiguities involving repeal language in House Bill 08-1155. Senator Gordon and Mr. Knaizer recapped the issues discussed. Mr. Knaizer responded to questions regarding the process that would take place for voting system certification if the sunset takes place, and options available to the legislature if the sunset is allowed to occur. Discussion ensued regarding voting system vendor remedies if voting systems are decertified by the Secretary of State under the law that would be in place due to the sunset of the provision of House Bill 08-1155. Mr. Knaizer responded to questions regarding voting systems contract stipulations that may have addressed system decertification under the provisions of House Bill 08-1155.


10:16 AM

Discussion continued regarding voting system vendor contract stipulations, and the appeals process in cases of system decertification. Mr. Knaizer responded to questions regarding the process by which the states assumed responsibility of voting system certification from the federal government, and the certification law that resulted in Colorado. Mr. Knaizer responded to further questions regarding the avenues available to Colorado in adopting a voting system certification standard, and the federal government's involvement in voting system certification.