voting machine standards in New Mexico

From: charlie strauss <cems_at_earthlink_dot_net>
Date: Fri Nov 21 2003 - 19:47:46 CST

I've been looking into what it would take to get a voting machine
certified for use in New Mexico.
for documentation I'm pasting the regulations below as an archive

some that seem to be hard to meet:

1) the CPU cannot execute any instructions stored in RAM memory.

2) The votes must be stored redundantly in three physically separate
memory chips and continuously checked.

3) The device that is used by [the] a poll worker to activate the
system for each individual voter shall be a credit-card size "smart
card" type of device. The poll worker shall be able to activate the
card at the poll table with an activation device and hand the card to
the voter to use on any open voting system. The card shall be rendered
unusable by the voting system after the voter has cast a ballot. The
system must be compatible with the voter registration system, so that
the precinct and party information for a specific voter can be
transferred to the system automatically and transferred to the smart
card without poll-worker data entry. There shall be a manual solution
available in the event the smart card activation device, or the smart
card reading unit on the machine, fails.

I'm still looking into this. Sometimes its hard to know actually find
the current law and not an outdated version of it.

Section 23. Section 1-9-2 NMSA 1978 (being Laws 1969, Chapter 240,
Section 185, as amended) is amended to read:

"1-9-2. SECRETARY OF STATE--MANNER OF APPROVAL.--

A. All voting systems approved for use in New Mexico shall meet federal
election [commission] standards, [and] conform to state information
technology rules, standards and practices and be tested by an
independent authority.

B. [Any] A person desiring to have a type of voting system approved for
use in New Mexico may apply to the secretary of state to have the
system examined and approved. At the time application is made, the
applicant shall direct the independent testing authority to submit its
report on the system to the secretary of state.

C. Upon receipt of the report from the independent testing authority,
the secretary of state shall examine and study the system. As part of
the examination, the secretary of state shall require the system to be
independently inspected by two voting system experts and shall require
from each of them a written report on the results of their inspection.

D. Upon completion of his examination, the secretary of state shall
make a written report on the result of his examination and findings and
shall file such report, together with the inspection reports of the two
voting system experts, in the office of the secretary of state. Such
reports and findings are public records.

E. The secretary of state shall inform the applicant in writing of the
findings. If the findings show that the voting system type is adequate
for the election needs of New Mexico, it shall be deemed approved for
use at elections in [this] the state."

Section 24. Section 1-9-4.1 NMSA 1978 (being Laws 2001, Chapter 233,
Section 15) is amended to read:

"1-9-4.1. TOUCH-SCREEN DIRECT RECORDING ELECTRONIC VOTING
SYSTEMS--STANDARDS.--

A. A touch-screen direct recording electronic voting system, as
approved by the secretary of state, may be used in any election for
public office in New Mexico. As used in this section, "system" means a
touch-screen direct recording electronic voting system.

B. The system shall:

(1) meet federal election performance and test standards [of the
federal election commission];

(2) [be an electronic computer-controlled voting system that provides]
provide for direct recording and tabulating of votes cast;

(3) have internal [operating system] application software [firmware]
that:

(a) is specifically designed and engineered for the election
application;

(b) is contained within each touch-screen voting device;

(c) is stored in a nonvolatile memory within each terminal;

(d) includes internal quality checks such as purity or error detection
and correction codes; and

(e) [shall include] includes comprehensive diagnostics to ensure that
failures do not go undetected;

(4) have a battery backup [system] that will, at a minimum, allow
voting to continue uninterrupted for two hours without external power;

(5) have [an] internal audit trail [system] capability such that all
pre-election, election day and post-election events, including all
random ballot [images system] image anomalies, shall be stored,
recorded and recovered in an easy-to-read printed form and be retained
within at least three independent memories that do not require any type
of external alternating current or direct current battery power for
memory retention;

(6) along with any and all activating and vote recording devices and
components, have a unique embedded internal serial number for audit
purposes;

(7) be a stand-alone, non-networked election system such that all
pre-election, election day and post-election events and activities,
including any and all entered votes, are directly entered, recorded and
retained in each device in multiple memory locations within the device;

(8) for security purposes, along with each associated activating and
recording device and component, employ a unique, electronically
implanted election specific internal security code such that the
absence of such code prevents substitution of any unauthorized system
or related component;

(9) be designed to accept challenged or fail-safe ballots and allow
voters to choose their ballot language directly on the system;

(10) be designed to accommodate the maximum number of ballot styles or
ballot variations encountered in the largest New Mexico election
jurisdiction;

(11) employ scalable technology allowing easy enhancements that meet
federal election [commission] standards and can take advantage of new
election technology such as larger touch-screens, optional touch-screen
types, expandable memory, modem transmission of election results,
ballot activation from automated voter registration [systems] and
internet communication capabilities;

(12) have electronic components mounted on printed circuit boards and
subsistence, such as printer, power sources, microprocessor, switch and
indicator matrices modular and luggable;

(13) have a realtime clock capable of recording and documenting the
total time polls are open in a precinct and capable of documenting the
opening and closing of polls;

(14) prevent any voter from selecting more than the allowable number of
candidates for any office to prevent overvoting, be able to alert the
voter on a message screen if the voter attempts to overvote and inform
the voter of any necessary corrective action;

(15) present the entire ballot to the voter in a series of sequential
pages that include methods to ensure the voter sees all ballot options
on all pages before completing his vote and allow the voter to review
all ballot choices before casting his ballot;

(16) have as an integral part of the system a privacy curtain within
which the voter casts his vote;

(17) have a color touch-screen that is at least fifteen inches in
diagonal measure; and

(18) be able to accommodate a wheelchair voter without intervention of
the poll worker other than a minor adjustment such as the angle of the
display, and the voter must be able to vote in a face-first position so
that privacy is maintained with the ballot surface adjusted to a
vertical position.

C. If the net weight of the system, or aggregate of voting device
parts, is over twenty pounds, the system shall have self-contained
wheels so that the system can be easily rolled by one person on rough
pavement and can roll through a standard thirty-inch door frame.

D. The device that is used by [the] a poll worker to activate the
system for each individual voter shall be a credit-card size "smart
card" type of device. The poll worker shall be able to activate the
card at the poll table with an activation device and hand the card to
the voter to use on any open voting system. The card shall be rendered
unusable by the voting system after the voter has cast a ballot. The
system must be compatible with the voter registration system, so that
the precinct and party information for a specific voter can be
transferred to the system automatically and transferred to the smart
card without poll-worker data entry. There shall be a manual solution
available in the event the smart card activation device, or the smart
card reading unit on the machine, fails.

E. Each system shall be able to print an alphanumeric printout of the
contest, candidates, position numbers and vote totals when the polls
are open so that the poll workers can verify that the counters for each
candidate are on zero. At the close of the polls, the system shall be
able to print out in the same format the results of the election. These
printouts shall contain the system serial number, [the] public counter
total and [the] protective counter number. The poll worker must be able
to request as many copies as necessary by state law. The system shall
include [an optional] afeature to allow reports to be sent to a
printer, [to] the screen [or to] and a file.

F. The system central processing unit [must] shall be designed so that
no executable code can be launched from random access memory. If the
operating system is open or widely used, it [must] shall be an embedded
system.

G. The system shall have a mandatory pre-election testing of the ballot
control logic and accuracy. The logic and accuracy test results must be
stored into the memory of the main processor (central processing unit)
and into the same programmable memory device that is used on election
day for future reference. This should be stored by vote total summaries
and by each individual ballot image randomly. The system must be
capable of printing a zero-results printout prior to these tests and a
results printout after the test.

H. The system shall provide an electronic, redundant storage of both
the vote totals and the randomized individual ballot images.

I. The system shall allow a comparison of the multiple locations of
totals and ballot images to detect any errors or discrepancies. In the
event of a data discrepancy, an appropriate error message shall be
displayed in a text format, in order to either correct the data error
or prohibit voting from continuing.

J. The system shall have a programmable memory device that plugs into
the system. [This] The programmable memory device shall contain [the]
ballot control information, [the] summary vote totals, maintenance log,
operator log and [the] randomized ballot images.

K. The system shall maintain all vote totals, public counter totals,
audit trail ballot images, protective counter totals and the internal
clock time in both the main memory and the removable programmable
memory devices in the event the main power and battery backup power
fail.

L. The system shall have a self-contained, internal backup battery that
powers all components of the system that are powered by alternating
current power. In the event of a power outage in the precinct the
self-contained, internal backup battery power shall engage with no
disruption of operation or loss of data. The system shall maintain all
vote totals, public counter totals, audit trail ballot images,
protective counter totals and the internal clock time in both the main
memory and the removable programmable memory devices in the event the
main power and battery backup power fail.

M. The system software shall be able to:

(1) run in a networked or stand-alone environment;

(2) support absentee in-person voting;

(3) collect and keep separate the absentee in-person vote totals by day
collected, by machine, by legislative district and by site; and

(4) collect statistical data such as turnout so that it is available by
date and site."

Section 25. Section 1-9-15 NMSA 1978 (being Laws 1985, Chapter 207,
Section 14, as amended) is amended to read:

"1-9-15. ELECTRONIC VOTING SYSTEMS--RECORDING AND TABULATING VOTING
SYSTEMS--STANDARDS.--

A. Electronic recording and tabulating voting systems as tested and
approved by the secretary of state pursuant to the provisions of
Section 1-9-14 NMSA 1978, may be used in any election for public office
in New Mexico.

B. The electronic recording and tabulating voting [systems] system
shall meet the following standards:

(1) the system shall be an electronic computer-controlled voting system
[which] that provides for direct electronic recording and tabulating of
votes cast;

(2) the operating system software [firmware] of the system shall be
stored in nonvolatile memory and shall include internal quality checks
such as [purity] parity or error detection and correction codes. The
[firmware] software shall include comprehensive diagnostics to ensure
that failures do not go undetected;

(3) the system shall have a battery backup system that will, as a
minimum, retain voter information and be capable of retaining and
restoring processor operating parameters in the event of power
failures;

(4) the system shall have, as a standard or as an option, software and
hardware provisions for remote transmission of election results to a
central location;

(5) subsistence, such as printer, power sources, microprocessor, switch
and indicator matrices, shall be modular and luggable. Electronic
components shall be mounted on printed circuit boards;

(6) the system shall be supplied with a dust- and moisture-proof cover
for transportation and storage purposes;

(7) the system shall be able to operate in a temperature range of fifty
degrees Fahrenheit to ninety degrees Fahrenheit;

(8) the system shall have a temperature range for storage of zero
degrees Fahrenheit to one hundred twenty degrees Fahrenheit;

(9) the system shall have an operating and storage humidity range of
thirty percent to eighty percent noncondensing;

(10) the system shall be able to accept line voltage of 115 VAC +- [15]
fifteen percent, 60 HZ;

(11) the system shall be able to record and document the total time
polls are open at a precinct location;

(12) the system shall prevent any voter from selecting more than the
allowable number of candidates for any office and shall preclude
overvoting;

(13) the system shall be capable of operating continuously for a
minimum time period of sixteen hours without external power (115 VAC);

(14) the tabulation of votes on the system shall be stored, ballot by
ballot, in three or more memory locations on separate integrated
circuit chips and shall be electronically compared throughout the
election. Any differences between votes tabulated and votes stored in
multiple storage locations shall be detected immediately and generate
an error message defining required maintenance on the [electronic
voting] system before it can continue to be used in the election;

(15) the system shall contain the entire ballot, which shall be placed
on the face of the machine, and shall be visible to the voter on a
single page;

(16) the system shall have a privacy booth in which the voter casts his
vote, and the privacy booth shall be an integral part of the system;
and

(17) the system shall be designed to meet the needs of physically
disabled voters with or without adjustment of the unit by poll workers.

C. In determining compliance with the standards set forth in Subsection
B of this section, the qualification test report made pursuant to the
performance and test standards of [the] federal election [commission]
law shall be considered insofar as it is applicable."

Section 26. Section 1-9-16 NMSA 1978 (being Laws 1985, Chapter 207,
Section 15, as amended) is amended to read:

"1-9-16. ELECTRONIC VOTING SYSTEMS--VOTE TABULATING
SYSTEMS--STANDARDS.--

A. Electronic vote tabulating systems, as tested and approved by the
secretary of state pursuant to the provisions of Section 1-9-14 NMSA
1978, may be used in any election for public office in New Mexico for
the purpose of tabulating ballots.

B. The electronic vote tabulating [systems] system shall meet the
following standards:

(1) the machine shall be an electronic computer-controlled voting
system [which] that provides for the direct electronic tabulation of
votes cast;

(2) the operating software of the vote tabulating system shall be
stored in [a] nonvolatile memory [(firmware)] and shall include
internal quality checks such as [purity] parity or error detection and
correction codes. The [firmware] software shall include comprehensive
diagnostics to ensure that failures do not go undetected;

(3) the system shall have a battery backup that will, as a minimum,
retain voter information and be capable of retaining and restoring
processor operating parameters in the event of power failures;

(4) the system shall provide alphanumeric printouts of the vote totals
by legislative district at the closing of the polls;

(5) the system shall have, as a standard or as an option, software and
hardware provisions for remote transmission of election results to a
central location;

(6) subsistence, such as printer, power sources, microprocessor, switch
and indicator matrices, shall be modular and luggable. Electronic
components shall be mounted on printed circuit boards;

(7) the system shall be supplied with a dust- and moisture-proof cover
for transportation and storage purposes;

(8) the system shall be able to operate in a temperature range of fifty
degrees Fahrenheit to ninety degrees Fahrenheit;

(9) the system shall have a temperature range for storage of zero
degrees Fahrenheit to one hundred twenty degrees Fahrenheit;

(10) the system shall have an operating and storage humidity of thirty
percent to eighty percent noncondensing;

(11) the system shall accept a line voltage of 115 VAC +- [15] fifteen
percent, 60 HZ;

(12) the system memory pack shall be able to accept over one thousand
five hundred voting positions and tabulate over sixty-five thousand
votes for each position;

(13) the system shall accept a ballot inserted in any orientation and
one [which] that is a minimum six inches wide and a maximum twenty-four
inches long, in dual columns and printed on both sides. The ballot
[should] shall be able to hold a maximum of five hundred twenty
candidate positions;

(14) the system shall recognize all errors and be able to reject or
return [the errant] a ballot that contains an error. The tabulator
shall automatically be able to detect an overvoted ballot;

(15) the system shall contain an RS-232 data communications capability
to transmit totals;

(16) the system shall contain a public display counter to record the
number of ballots processed; and

(17) the system should be programmable with control cards.

C. In determining compliance with the standards set forth in Subsection
B of this section, the qualification test report made pursuant to the
performance and test standards of [the] federal election [commission]
law shall be considered insofar as it is applicable."

Section 27. Section 1-9-19 NMSA 1978 (being Laws 1985, Chapter 207,
Section 18, as amended) is amended to read:

"1-9-19. ELECTRONIC VOTING SYSTEM REVOLVING FUND.--The "electronic
voting system revolving fund" is created. The electronic voting system
revolving fund may be used to finance, by contract, the purchase of
electronic voting systems and necessary support equipment under the
conditions stated in Section 1-9-17 NMSA 1978. The electronic voting
system revolving fund may be expended upon vouchers signed by the
secretary of finance and administration. If at the end of [the] a
fiscal year the electronic voting system revolving fund exceeds [four
million dollars ($4,000,000)] six million five hundred thousand dollars
($6,500,000), the amount in excess of [four million dollars
($4,000,000)] six million five hundred thousand dollars ($6,500,000)
shall revert to the general fund."

Section 28. Section 1-10-1 NMSA 1978 (being Laws 1977, Chapter 222,
Section 24, as amended) is amended to read:

"1-10-1. BALLOT.--As used in the Election Code:

A. "ballot" means a system for arranging and designating for the voter
the names of candidates, constitutional amendments and other questions
to be voted on and for the marking, casting or otherwise recording of
such votes, and the term includes absentee ballots, ballot labels,
ballot cards, ballot sheets, provisional paper ballots and emergency
paper ballots;

B. "ballot label" means that portion of cardboard, paper or other
material placed on the front of the voting machine containing the names
of the candidates, the offices the candidates are seeking, a statement
of the proposed constitutional amendment or other question or
proposition to be voted upon;

C. "emergency paper ballot" means the paper ballot used in the
circumstances covered under Section 1-12-43 NMSA 1978;

D. "ballot card" means a card upon which votes may be recorded by use
of a pen or pencil for tabulation in an electronic vote tabulating
machine; [and]

E. "ballot sheet" means the sheet used on an electronic vote recording
and tabulating machine containing the offices, candidates and questions
to be voted on; and

F. "provisional paper ballot" means the paper ballot used pursuant to
Section 1-5-10 or 1-12-8 NMSA 1978 or Section 3 of this 2003 act."

Section 29. Section 1-12-7 NMSA 1978 (being Laws 1969, Chapter 240,
Section 246, as amended) is amended to read:

"1-12-7. CONDUCT OF ELECTION--PERSONS NOT PERMITTED TO VOTE.--

A. [No] A person shall not vote in [any] a primary, general or
statewide special election unless he is a voter of the [precinct]
county in which he offers to vote. A valid original certificate of
registration in the county register is prima facie evidence of being a
voter in the precinct.

B. [No] A person [shall vote in any primary election] whose major party
affiliation is not designated on his original certificate of
registration shall not vote in a primary election.

C. [No] A person at [any] a primary election shall not be permitted to
vote for the candidate of any party other than the party designated on
his current certificate of registration."

Section 30. Section 1-12-8 NMSA 1978 (being Laws 1969, Chapter 240,
Section 247, as amended) is amended to read:

"1-12-8. CONDUCT OF ELECTION--[VOTER'S COPY OR CERTIFICATE] PROVISIONAL
VOTING.--

A. [Notwithstanding the provisions of Section 1-12-7 NMSA 1978] A
person shall be permitted to vote on a provisional paper ballot even
though his original certificate of registration cannot be found in the
county register or even if his name does not appear on the signature
roster, provided:

(1) his residence is within the boundaries of the [precinct] county in
which he offers to vote;

(2) his name is not on the list of persons submitting absentee ballots;
and

[(3) he presents his voter identification card that appears on its face
to be valid or he presents a certificate of eligibility bearing the
seal and signature of the county clerk stating that the voter's
duplicate certificate of registration is on file at the county clerk's
office and that such voter has not received an absentee ballot nor has
he been purged and that he shall be permitted to vote in the precinct
and election specified therein, provided that such authorization shall
not be given orally by the county clerk; and

(4)] (3) he executes a statement swearing or affirming to the best of
his knowledge that he is a qualified elector, is currently registered
and eligible to vote in that [precinct] county and has not cast a
ballot or voted in that election.

B. A voter shall vote on a provisional paper ballot if the voter:

(1) has not previously voted in a general election in New Mexico;

(2) did not register to vote in person;

(3) did not submit the required identification with the certificate of
registration form; and

(4) does not present to the election judge one of the following forms
of identification that matches the name and address on the voter's
certificate of registration:

(a) a current and valid photo identification; or

(b) a copy of a current utility bill, bank statement, government check,
paycheck or other government document that shows the name and address
of the voter.

[B.] C. An election judge shall [insert the voter's ballot number or
voter number on the public counter on the voter's copy of the
certificate of registration or certificate of eligibility and on the
executed statement. The voter's copy of the certificate of registration
or certificate of eligibility shall be retained by the precinct board
and the voter's copy of his certificate of registration or certificate
of eligibility, along with the executed statement, shall be returned
with the election returns to the county clerk] have the voter sign the
signature roster and issue the voter a provisional paper ballot, an
outer envelope and an official inner envelope. The voter shall vote on
the provisional paper ballot in secrecy and when done, place the ballot
in the official inner envelope and place the official inner envelope in
the outer envelope and return it to the precinct officer. The election
judge shall ensure that the required information is completed on the
outer envelope, have the voter sign it in the appropriate place and
place it in an envelope designated for provisional paper ballots.

[C.] D. Knowingly executing a false statement constitutes perjury as
provided in the Criminal Code of this state, and voting on the basis of
such falsely executed statement constitutes fraudulent voting.

[D. To be valid, a voter's copy of the certificate of registration
dated after June 30, 1955 shall bear the signature stamp of the county
clerk.

E. Within thirty days after the election, the county clerk shall
examine each executed statement and investigate the truth of the
statements made therein. The county clerk shall also determine the
reason why the original certificate of registration of the voter was
not in the county register or the signature roster sent to the precinct
board and shall take actions to avoid similar circumstances requiring
the use of the voter's copy of the certificate of registration or
certificate of eligibility by voters in future elections.]"

Section 31. Section 1-16-5 NMSA 1978 (being Laws 1969, Chapter 240,
Section 378, as amended) is amended to read:

"1-16-5. STATE CONSTITUTIONAL AMENDMENTS--BALLOT--FORMS FOR EMERGENCY
AND PROVISIONAL PAPER BALLOTS AND ABSENTEE BALLOTS.--

A. All emergency and provisional paper ballots and absentee ballots
proposing constitutional amendments shall have printed thereon in both
English and Spanish the full title of the joint resolution proposing
the constitutional amendment and the constitutional amendment number
assigned to the joint resolution by the secretary of state. Below the
printed title, there shall be printed on the ballot two one-quarter
inch blank boxes. Opposite one of the blank boxes, there shall be
printed in both English and Spanish the [words] word "FOR", and
opposite the other blank box shall be printed in both [such] languages
the [words] word "AGAINST".

B. There shall be printed across the top of [such] the ballot the
following: "Instructions to voters: If you desire to vote for the
amendment, mark a cross (X) or a check () or any other mark clearly
indicating intention in the opposite the [words] word "FOR". If you
desire to vote against the amendment, mark a cross (X) or a check () or
any other mark clearly indicating intention in the opposite the [words]
word "AGAINST"."

Section 32. Section 1-16-6 NMSA 1978 (being Laws 1969, Chapter 240,
Section 379, as amended) is amended to read:

"1-16-6. STATE CONSTITUTIONAL AMENDMENTS--MARKING EMERGENCY AND
PROVISIONAL PAPER BALLOTS AND ABSENTEE BALLOTS.--A voter desiring to
mark his emergency or provisional paper ballot or absentee ballot for
or against a proposed constitutional amendment shall do so in the
manner specified in the instructions printed on the [emergency paper
ballot or absentee] ballot."

Section 33. Section 1-16-9 NMSA 1978 (being Laws 1969, Chapter 240,
Section 381, as amended) is amended to read:

"1-16-9. STATE CONSTITUTIONAL AMENDMENTS--SINGLE EMERGENCY AND
PROVISIONAL PAPER BALLOT AND ABSENTEE BALLOT.--Proposed constitutional
amendments or other questions submitted to the voters on emergency or
provisional paper ballots or absentee ballots at any election shall be
printed upon one ballot only."

Section 34. EFFECTIVE DATE.--The effective date of the provisions of
this act is July 1, 2003.

From: 2003 House Bill text for HB0383

http://216.239.59.104/search?q=cache:sf1eVp2fYEQJ:legis.state.nm.us/
Sessions/03%2520Regular/bills/house/
HB0383.html++testing+OR+accuracy+%22voting+machine+%22+site:
state.nm.us&hl=en&ie=UTF-8
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Received on Sun Nov 30 23:17:06 2003

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