Solution
The law should list examples of failures of voting equipment that should cause the equipment to be taken out of service and emergency ballots to be used.
The law should explicitly describe examples of "significant disruption" that should cause emergency ballots to be used.
14. Laboratories' Conflicts of Interest
EAC-accredited laboratories must certify that only the EAC pays them for testing, that they meet standards the EAC will set to avoid the existence and appearance of conflict of interest, that they will permit an EAC-designated expert to observe testing, and that upon completion of testing a system they will disclose to the EAC their test protocols, results, and communications with the manufacturer.[46,47]
The EAC shall make information from laboratories available promptly to election officials and the public.[48]
Wrong!
EAC should not have sole control over designating observers of testing.
The EAC is not required to make "all" the information available. "Promptly" is not specific.
Solution
States, parties, and citizens are stakeholders in elections, and the law should explicitly establish their right to observe certification testing upon signing a non-disclosure agreement that allows disclosure in the event of observing breaking of the law.
This section should require the EAC to make "all" the information available within an explicit specified time such as 24 hours or 3 business days.
15. Paying the Testing Laboratories
The EAC shall manage certification testing:
a. The EAC shall set up the "Testing Escrow Account" by 1/1/08.
b The EAC shall set the fees for testing voting systems in consultation with the labs.
c. Manufacturers must ask the EAC to submit their equipment to a randomly-selected lab for testing, but the identity of the lab will be secret.
d. Manufacturers will provide the money.[49,50] which the EAC will keep in the escrow account
e. When testing is done, the EAC shall pay the lab from the escrow account and reveal which lab did the work.[51]
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