Re: [OVC-discuss] Bowen opposes legislative proposal

From: Alan Dechert <dechert_at_gmail_dot_com>
Date: Tue Jan 27 2009 - 18:53:48 CST

From: "Brian Behlendorf"

> Sorry if this is covering older ground, but maybe there's a way to address
> the Sec's concerns.
> Is the Sec of State empowered to waive a *federal* certification
> requirement? ...
No, she is not. That's why we would need a state law, thus the legislative

Federal certification is optional for states. Some states have opted out,
NY, FL for example. The reason we need the law is that Kevin Shelley got a
law passed to require fed certification.

> Even if she is, wouldn't that entail a significant amount of fighting with
> the Federal elections officials to garner support?
No. None at all. It is purely a matter of state law.

> Is it bad form to be seen as arguing against the need for testing simply
> because the software is licensed as Open Source?
Maybe, but the bill says the secretary would ensure testing equal or better
in breadth and depth to existing testing.

> Would a better approach be to advocate for reimbursement of certification
> fees if the software achieves certification and its code is licensed
> open-source?
I don't think so. Nothing can get passed right now that costs the state any

> Perhaps add to it some process by which potential applicants can be highly
> confident that their system will get certified, to further reduce the
> risk?
Again, nothing can pass right now that costs money. The reason our testing
process would not cost the state money is that we expect the testing cost to
be covered with HAVA money that local government has.

> Or were there objections other than the waiver of certification
> requirement?
It's a matter of responsibility. It's putting reponsibility on the
secretary when she'd rather point the finger elsewhere.

Alan D.

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Received on Thu Jan 7 00:09:54 2010

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