Election Reform Commission (12/02/2008)

Final
STAFF SUMMARY OF MEETING

ELECTION REFORM COMMISSION

Date:	12/02/2008	ATTENDANCE

Time:	09:07 AM to 03:45 PM	Baisley	X
		Balink	*
Place:	SupCt	Doyle	X
		Gessler	X
This Meeting was called to order by		Hobbs	X
	Senator Gordon	Hultin	X
		Martinez	X
This Report was prepared by		Misare	X
	Bo Pogue	Nickell	X
		O'Malley	X
		, , ,
		Gordon	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Testimony of Dr. Dan Wallach Testimony of Mr. Paul Craft Testimony of Ms. Rosemary Rodriguez Update from Commission Subcommittees Presentation by Mr. Chuck Patrick - Slipglass Inc. Public Testimony		Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only

09:07 AM

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

09:08 AM -- Testimony of Dr. Dan Wallach

Dr. Dan Wallach, Associate Professor of Computer Science, Rice University, introduced himself and provided his background in the area of elections and voting security. Commission members received copies of testimony that Dr. Wallach delivered to the Texas Committee on State Affairs (Attachment A), which Dr. Wallach used as a basis for his testimony before the commission. Dr. Wallach discussed the contents of this testimony, which includes examples of electronic voting machine failures. Dr. Wallach responded to a question regarding the types of machines used in the counties where these failures occurred. Dr. Wallach continued with his testimony, discussing human error and security attacks that may result in electronic voting machine failure.

09:20 AM

Dr. Wallach continued his testimony, describing electronic voting machine vendor responses to machine failures, and how machine security can be attacked. Dr. Wallach also discussed the position of electronic voting machine vendors regarding allowing outside parties to address potential flaws in the machines and machine software. Dr. Wallach then discussed methods for certifying electronic voting machines, and certain methods that can be employed to limit electronic voting machine failures.

09:32 AM

Dr. Wallach continued his testimony, focusing on ways to improving the use of electronic voting machines. Professor Wallach fielded questions, starting with a question regarding studies dealing with electronic voting machine tampering, and a question regarding the types of voting hardware that are vulnerable to tampering. Dr. Wallach next responded to questions regarding how electronic voting machine hardware is infected, and problems with allowing straight-ticket votes using electronic machines. Discussion ensued regarding proprietary and copyright issues surrounding vendor voting machine software, and the types of software used in electronic voting machines.

09:44 AM

Discussion ensued regarding safe electronic voting technologies currently available, and the future of electronic voting machine use. Dr. Wallach responded to questions regarding software currently available that monitors hardware to ensure the software being employed in the hardware is the authentic and proper software. Dr. Wallach responded to further questions regarding how electronic voting machines that have been tampered with may react when used by a voter, and recorded instances where electronic voting machine software has been attacked. Discussion followed regarding the effectiveness of current and future electronic voting machine standards.

09:55 AM

The committee discussed with Dr. Wallach the processes by which voting machine technologies might be compromised prior to use, resulting in a county-wide voting system failure. Discussion followed regarding the end-to-end verification process using encryption technology. Dr. Wallach responded to questions regarding comparative security across the various types of voting systems, both electronic and manual.

10:07 AM

Dr. Wallach responded to questions regarding how electronic voting machines can be attacked to sway an election without drawing public attention.

10:10 AM -- Testimony of Mr. Paul Craft

Mr. Paul Craft, Senior Partner and Consultant, Freeman, Craft, McGregor Group, testified before the commission. Mr. Craft explained his background as it pertains to electronic voting systems, system certification, and election certification, and discussed the work of his firm. Mr. Craft first addressed a couple of points touched upon during Dr. Wallach's testimony as they pertain to an electronic voting machine failure in Florida, and issues pertaining to protection of vendor source codes. Mr. Craft then discussed requirements placed on electronic voting machine vendors by other states.

10:21 AM

Mr. Craft continued to discuss how other states contract with electronic voting machine vendors, and rules in place in these states regarding voting machine purchases. Mr. Craft also discussed electronic voting machine certification programs in place in other states, and certification standards promulgated by the U.S. Elections Assistance Commission. Mr. Craft then discussed the effect of human error on electronic voting system failures.

10:31 AM

Mr. Craft turned his discussion to electronic voting system security, and efforts by voting system vendors to improve security. Mr. Craft next provided his recommendations regarding how Colorado should improve the security of electronic voting systems, including the element of trust. Mr. Craft returned to the element of human error in instances of electronic voting machine failure.

10:41 AM

The commission recessed.

10:51 AM

The commission returned to order. Mr. Craft discussed ways to limit human error in the use of electronic voting systems, and ways in which Colorado can structure its voting systems certification process. Mr. Craft then compared the benefits and disadvantages of various types of voting systems, including electronic and paper-based systems.

11:01 AM

Mr. Craft discussed the problems associated with making changes to existing voting systems. Mr. Craft returned to making voting system recommendations for Colorado, and how to implement changes, including specific recommendations regarding statutory and rulemaking authority.

11:11 AM

Mr. Craft continued making recommendations for voting system reform in Colorado, including addressing the treatment of vendor software source codes. Discussion ensued regarding states where a system of uniform voting system equipment purchasing is in place. Mr. Craft responded to questions regarding the participation of county clerks and election administrators in the voting system certification process, the types of voting systems used in certain states, and the use of paper ballot systems in New Mexico. Mr. Craft responded to questions regarding the certification process in place in certain eastern states, and the importance of including computer experts in the voting system certification process. Discussion ensued regarding the appropriate level of security testing during the system certification process.

11:22 AM

Mr. Craft responded to questions regarding the post-election audit process, and the review of voting system source codes. Discussion ensued regarding a comparison of licensed drivers and registered voters in Colorado. Discussion returned to voting system source codes, and the ramifications of making vendor source codes public. Mr. Craft responded to questions regarding the impact of a state or states mandating public source code disclosure on the ability of such states to secure a vendor.

11:32 AM -- Testimony of Ms. Rosemary Rodriguez

Ms. Rosemary Rodriguez, Chair, U.S. Elections Assistance Commission, testified before the commission. Ms. Rodriguez briefly discussed the inability of the Elections Assistance Commission to promulgate voting system certification standards to date. Ms. Rodriguez then discussed the overall state of statewide voter registration databases as of the recent election and their interoperability with other databases, and forthcoming efforts to better serve overseas voters. Ms. Rodriguez next discussed efforts to implement universal voter registration through federal legislation. Ms. Rodriguez responded to questions regarding how states will be incentivized to implement universal voter registration. Ms. Rodriguez turned the discussion to efforts to share security protocols among the states.

11:42 AM

Ms. Rodriguez responded to questions regarding how pilot states for a universal voter registration system will be selected, the prevalence of the use of electronic voting systems throughout the states, and voter satisfaction in states that use electronic systems. Discussion ensued regarding the point of view of the U.S. Congress as it pertains to the use of secure and verifiable electronic voting systems. Ms. Rodriguez responded to questions regarding states that are leading the way in the areas of voting system certification and post-election auditing.

11:52 AM

Ms. Rodriguez responded to questions regarding the federal position on voter eligibility, and the potential for exempting Colorado from Elections Assistance Commission voting system certification standards in the future. Ms. Rodriguez responded to further questions regarding federal requirements for serving voters with disabilities by using electronic voting systems.

11:59 AM

The commission recessed for lunch.

01:35 PM -- Update from Commission Subcommittees

The committee returned to order. Commissioner Misare provided an update regarding the work of the Registration and Database Subcommittee, detailing each of the topics that the subcommittee has addressed. Next Commissioner O'Malley provided an update on the work of the Uniformity and Simplification Subcommittee, and detailed the issues that the subcommittee discussed.

01:45 PM

Commissioner O'Malley continued to brief the commission on the activities of the Uniformity and Simplification Subcommittee. Commissioner O'Malley then detailed the specific issues that the subcommittee will address as a result of narrowing a larger list of issues. Commissioner Baisley, substituting for Commissioner Doyle, updated the commission on the work of the Technology and Auditing Subcommittee, detailing the issues that the subcommittee has addressed thus far. The subcommittee's efforts resulted in the decision to address three action items, which Commissioner Baisley discussed in detail.

01:56 PM

Commissioner Baisley continued to brief the commission on the work of the Technology and Auditing Subcommittee.

01:57 PM -- Presentation by Mr. Chuck Patrick, Slipglass Inc.

Mr. Chuck Patrick, Master Process Modeler, Slipglass Enterprise Information Security Architects, presented a model of the Colorado election process. Commission members received a packet of background information on the model presented by Mr. Patrick (Attachment B). Mr. Patrick provided background on the model and modeling approach, and discussed its purpose. Mr. Patrick then explained the model he has created for the Colorado election process.

02:08 PM

Mr. Patrick continued to walk the commission through the model he has created that summarizes the Colorado election process. Mr. Patrick then discussed a flow chart showing the interaction between federal and state election laws, rules, and processes (contained in Attachment B). Finally, Mr. Patrick discussed the mission of the modeling project and the issues that need to be addressed going forward. Mr. Patrick responded to questions regarding how the modeling approach can be used to better understand a complicated process.

02:20 PM

Discussion ensued regarding the capacity for using Mr. Patrick's model as a tool for better understanding the Colorado election process.

02:23 PM -- Public Testimony

The following persons testified before the commission:

02:24 PM -- Ms. Kathryn Wallace, representing herself, testified before the commission. Ms. Wallace discussed her background as a former software engineer for an electronic voting system firm, and as a volunteer during recent elections. Ms. Wallace discussed failures by certain electronic voting devices, and contrasted the use of electronic voting systems and such practices as mail-in voting and manual vote tabulation. Ms. Wallace then discussed her experiences with election workers and the importance of voter education. Ms. Wallace expressed concern over the public's perception of the voting process. Discussion ensued regarding criticisms of the voting process.

02:32 PM -- Mr. Neal McBurnett, representing himself, testified before the commission. Mr. McBurnett discussed his background as it pertains to voting technology and elections. Mr. McBurnett then discussed failures by electronic voting systems in performing post-election audits, and the implementation of a law mandating audits passed in Colorado in 2005. Mr. McBurnett then proposed solutions for improving elections auditing, discussing the various methods of auditing available. Mr. McBurnett's testimony included his experiences with participation in the audit process in Boulder County. Mr. McBurnett responded to questions regarding how certain technical aspects of the auditing process can be codified in state law.

02:43 PM

Mr. McBurnett responded to questions regarding his professional background, auditing requirements in other states, and the resources required to perform the audits required in other states. Discussion ensued regarding costs associated with certain election functions.

02:47 PM -- Ms. Mary Eberle, representing Coloradans for Voting Integrity, testified before the commission. Ms. Eberle testified at the November 12th commission meeting, and made herself available to respond to questions regarding a film and a book she distributed to the commission at that meeting (copies of both are on file with Legislative Council Staff). Discussion ensued regarding the content of the film.

02:51 PM -- Mr. Ivan Meek, representing himself, testified before the commission. Mr. Meek addressed the element of trust in elections, as discussed previously during Mr. Craft's testimony, and discussed the appropriate level of technology for use in conducting elections. Mr. Meek then addressed the issue of voting system security.

02:55 PM -- Mr. Frank Atwood, representing himself, testified before the commission. Commission members received written copies of Mr. Atwood's testimony (Attachment C). Mr. Atwood explained the concept of score voting, and discussed the benefits of this system of voting. Discussion ensued regarding the relationship between instant run-off voting and score voting, and the benefits of each. Mr. Atwood responded to questions regarding the current use of score voting, and the unproven nature of score voting. Mr. Atwood responded to further questions regarding the technical feasibility of score voting.

03:04 PM -- Mr. Jeff Cook, representing HonestElections.us, testified before the commission. Commission members received a flier detailing recent electronic voting equipment failures (Attachment D). Mr. Cook briefly addressed the subject of score and instant run-off voting methods, as discussed during previous testimony. Mr. Cook then discussed various methods for counting votes, his experiences in performing exit polling work during the 2008 election, and irregularities encountered on election day. Mr. Cook discussed ways that new voting systems can be tested for their veracity. Discussion ensued regarding the benefits and drawbacks of hand counting election results.

03:16 PM

Discussion continued regarding hand counts of election results. Mr. Cook responded questions regarding the subject of mechanical vote counting and the use of "sort and stack" technology, and how the hardware used for mechanical vote counting operates. Mr. Cook responded to further questions regarding his opinion of the use of provisional ballots.

03:23 PM -- Mr. Joe Richey, representing himself, testified before the commission. Commission members received written comments prepared by Mr. Richey (Attachment E). Mr. Richey first addressed the influence of electronic voting machine vendors on election processes, certain failures on the part of vendors, and the potential for holding the vendors accountable. Discussion ensued regarding available remedies in situations where electronic voting systems have failed, and the costs of contracting with elections vendors. Discussion followed regarding the potential for pursuing litigation against vendors, and potential drawbacks to litigation.

03:35 PM

Mr. McBurnett returned to offer comments on the subject of range and instant run-off voting, the benefits of such alternative voting methods, and the technical feasibility of hosting these types of elections.

03:36 PM -- Mr. Steve Sponaugle, representing Coloradoans for Voting Integrity and Voter Action, testified before the commission. Mr. Sponaugle discussed his preference for paper ballot and hand counting vote systems. Mr. Sponaugle then discussed the option of moving away from using poll watchers and vote counters from the major parties, and his preference for enacting legislation to address certain election-related conflicts of interest. Discussion ensued regarding the use of third-party poll watchers and vote counters.

03:42 PM

The commission discussed a potential commission field trip to Grand Junction.

03:45 PM

The commission adjourned.