HAVA requires that the EAC certify and
decertify voting systems (42 U.S.C. §15371). Section 231(a)(1) of
HAVA specifically requires the EAC to provide for the
certification, de-certification and re-certification of voting
system hardware and software by accredited laboratories. The EAC
will perform this mandated function through the use of its Voting
System Testing and Certification Program. Voting systems certified
by the EAC will be used by citizens to cast votes in Federal
Elections. Therefore, it is paramount that the program operates in
a reliable and affective manner. In order to certify a voting
system, it is necessary for the EAC to (1) require voting system
manufacturers to submit information about their organization and
the voting systems they submit for testing and certification; (2)
require voting system manufacturers to retain voting system
technical and test records; and (3) to provide a mechanism for
election officials to report events which may effect a voting
systems certification.
HAVA requires that the
EAC certify and decertify voting systems (42 U.S.C. §15371).
Section 231(a)(1) of HAVA specifically requires the EAC to
provide for the certification, de-certification and
re-certification of voting system hardware and software by
accredited laboratories. The EAC will perform this mandated
function through the use of its Voting System Testing and
Certification Program. Voting systems certified by the EAC will be
used by citizens to cast votes in Federal Elections. Therefore, it
is paramount that the program operates in a reliable and affective
manner. In order to certify a voting system, it is necessary for
the EAC to (1) require voting system manufacturers to submit
information about their organization and the voting systems they
submit for testing and certification; (2) require voting system
manufacturers to retain voting system technical and test records;
and (3) to provide a mechanism for election officials and other
members of the public to report events which may effect a voting
systems certification. The EAC is requesting an emergency review
of the information collection referenced below. In compliance with
the requirement of section 3506(c)(2)(A) of the Paperwork Reduction
Act of 1995, we have submitted to the Office of Management and
Budget (OMB) the following requirements for emergency review. The
EAC is requesting an emergency review because the collection of
this information is needed before the expiration of the normal time
limits under OMB's regulations at 5 CFR Part 1320(a)(2)(ii). The
information collection at issue is necessary in order to provide
for the certification of voting systems as mandated by the Help
America Vote Act of 2002 (42 U.S.C. §15371). The EAC cannot
reasonably comply with the normal clearance procedures because
failure to implement this program in an expedited fashion is
reasonably likely to result in a public harm, as stated in 5 CFR
1320.13(a)(2)(i). Approval of this emergency collection is
essential in order to comply with Help America Vote Act of 2002 (42
U.S.C. §15371). HAVA requires that the EAC certify and decertify
voting systems. This mandate represents the first time the Federal
government will provide for the voluntary testing and certification
of voting systems, nationwide. In response to this HAVA
requirement, the EAC is developing the Voting System Testing and
Certification Program. This program requires the collection and
retention of information by voting system manufacturers. Until
recently, national voting system certification was conducted by a
private membership organization, the National Association of State
Election Directors (NASED). NASED certified voting systems for over
a decade, using standards issued by the Federal government. The
organization terminated its certification efforts on July 10, 2006.
While the EAC and NASED have worked together to provide for the
certification of emergency modifications necessary to properly
field voting systems for the 2006 General Election, there is
presently no mechanism in place to test and certify new systems or
to process modifications for the 2008 Federal elections. Given the
fact that (1) it can take years to develop, test, certify, sell,
and field a new or modified voting systems; and (2) a large volume
of voting systems (new, existing and modified) are expected to be
submitted to the EAC upon initiation of the new Certification
Program, it is imperative that the EACs Voting System Testing and
Certification Program begin on the earliest possible date. The 2008
Federal elections are less than 2 years away. Ensuring that
certified voting systems are available for the 2008 Election Cycle
is essential to the public welfare.
US Code:
42
USC 15371 Name of Law: Help America Vote Act of 2002
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Form EAC 003C Field Anomaly Reporting
Voting System Testing and Certification Program -- consolidated 3b.doc
Field Anomaly Reporting