Deprecation (migration) of Voluntary Voting Systems Guidelines 1.0 and 1.1, November 2023
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The U.S. Election Assistance Commission (EAC), an independent and bipartisan commission established by the Help America Vote Act (HAVA) of 2002, retired the standards previously used to test and federally certify voting equipment, known as Voluntary Voting System Guidelines (VVSG) versions 1.0 and 1.1, on November 16, 2023.[1] A new version of the VVSG, version 2.0, replaced the retired standards.[2]
According to the requirements established in the HAVA, the EAC is responsible for developing, maintaining, and updating the VVSG. The Voluntary Voting System Guidelines are used to test and certify voting systems and equipment for several factors including “basic functionality, accessibility, and security capabilities.” Federal law does not require voting equipment to comply with Voluntary Voting System Guidelines, though some states legally require such compliance.[3]
The commissioners of the EAC voted 4-0 to adopt VVSG 2.0 on February 10, 2021. This action began a process called deprecation. When a previously used VVSG is retired, or deprecated, voting systems and equipment certified to the deprecated standard do not lose their certification and jurisdictions may continue to use and acquire previously certified equipment. Testing and certification is then migrated to the newly adopted VVSG standard. While "deprecation" is the technical term for this process, the EAC also began referring to the process as "migration," and the terms are synonymous.[4]
About the Election Assistance Commission
- See also: Election Assistance Commission
The U.S. EAC, as created by the Help America Vote Act (HAVA), is an independent and bipartisan commission responsible for developing election administration guidance for compliance with HAVA, as well as maintaining other election administration standards and certification guidelines. The Commission's primary responsibilities include the accreditation and certification of Voting System Test Laboratories (VSTLs), the creation and maintenance of the Voluntary Voting System Guidelines, and audits of the use of HAVA funds.[5]
The Commission is composed of four members who may serve up to two consecutive four-year terms. Commissioners are appointed by the president subject to the advice and consent of the U.S. Senate.
Deprecation
Deprecation refers to the retirement of previous Voluntary Voting System Guideline standards for testing and certifying voting machines and equipment. As defined by the Election Assistance Commission's VVSG Lifecycle Policy, migration–also referred to internally as deprecation–to a new standard occurs one year after the date on which the first Voting System Test Laboratory receives certification to test and certify equipment to a newly adopted standard.[6]
While the EAC and its affiliated VSTLs cease testing and certifying equipment for compliance with the retired standard, previously certified voting machines and equipment maintain their status and do not require any recertification. Additionally, jurisdictions may continue to procure voting equipment certified to deprecated standards so long as allowed by state law.
In March 2023, the EAC provided the following information about the 2023 deprecation and migration process:[7]
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Q: What Does VVSG Deprecation Mean? Deprecation of a VVSG standard means testing new voting systems to the standard (e.g. VVSG 1.0) will be discontinued, while also limiting modifications to existing systems certified under a previous standard to the areas of security and maintenance. Q: Will Voting Systems Be Decertified? No voting system will be decertified by the EAC as part of VVSG deprecation. Q: What Does This Mean for EAC Certified Voting Systems? VVSG deprecation does not affect the status of any previously EAC certified system. Systems certified under a previous standard are still certified and may still be acquired and used. Q: What Does This Mean for Jurisdictions? Jurisdictions are not required to replace or update any system with a VVSG 2.0 certified version. Jurisdictions may continue to acquire and use systems certified to deprecated standards. [8] |
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Timeline of federal voting system standards
The timeline below displays the history of federal voting system standards and includes the creation of the Election Assistance Commission. Before the establishment of the EAC, the Federal Election Commission (FEC) was responsible for developing and maintaining voting system standards. The FEC, in the duration of its responsibility, developed two such standards, adopting the first in 1990 and the second in 2002. For more information on all of these standards, see here.
- November 16, 2023 - Deprecation of VVSG 1.0 and 1.1 takes effect
- November 15, 2022 - Election Assistance Commission certifies the first Voting System Test Laboratory certified to test against VVSG 2.0
- February 10, 2021 - Election Assistance Commission unanimously adopts VVSG 2.0
- March 31, 2015 - Election Assistance Commission unanimously adopts VVSG 1.1
- December 14, 2007 - VVSG 1.0 became effective
- December 13, 2005 - U.S. Election Assistance Commission adopts Voluntary Voting System Guidelines 1.0
- October 29, 2002 - President George W. Bush (R) signs the Help America Vote Act into law, establishing the Election Assistance Commission
- April 2002 - Federal Election Commission adopts Voting Systems Standards (VSS)
- January 1990 - Federal Election Commission adopts Performance and Test Standards for Punchcard, Marksense and Direct Recording Electronic Voting System
Responses
National Association of State Election Directors (NASED) letter
On March 17, 2023, the National Association of State Election Directors (NASED), which describes itself as professional organization for state election directors that includes members from all 50 states, expressed concern about potential confusion and the possibility of disinformation around the deprecation process in a public letter the EAC.
In their letter, NASED said:[9]
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History has proven that false information will spread regarding the seemingly bureaucratic components of the EAC’s voting system testing and certification program... Deprecation is a term with multiple meanings, and the EAC must be clear, vocal, and public about what it means in the context of the VVSG 1.0 Lifecycle Policy. We expect inaccurate claims about equipment certified to the deprecated standard as the 2024 presidential election cycle begins.[8] |
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In a March 24, 2023, letter, the EAC responded by saying:[10]
| “ | The U.S. Elections Assistance Commission is firmly committed to combating election misinformation, including about EAC-certified voting systems and the upcoming deprecation of previous iterations of the Voluntary Voting System Guidelines... Enacting the VVSG 2.0 was a very important step to enhance our election security, which is a national security imperative. VVSG 2.0 is designed to help election officials rise to the evolving challenges of election administration. It will take time for new systems to be developed, certified, and fielded for use in elections, particularly in an environment of constrained funding for state and local elections...
The EAC's website... clearly indicates the following key points regarding VVSG deprecation:
These two points, along with the continued assurance that VVSG 1.0 and 1.1 systems are and continue to be secure and accurate, will be the focus of the EAC’s deprecation communications to election officials and the public over the coming months.[8] |
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American Council for Election Technology (ACET) statement
On March 24, 2023, the American Council for Election Technology (ACET), which describes itself as a national, nonpartisan trade association focused on the use of election technology, published a public letter in which they urged the EAC to, "invest in a robust public awareness campaign regarding the deprecation of Voluntary Voting System Guidelines (VVSG) 1.0."[11]
The EAC, in a public letter of response published on March 31, said, "The U.S. Election Assistance Commission (EAC) is firmly committed to combating election misinformation, including about EAC- certified voting systems and VVSG deprecation. The EAC welcomes feedback and the assistance of stakeholder groups such as the American Council on Election Technology as we move toward the deprecation of VVSG 1.0 and 1.1 standards and the testing of the first VVSG 2.0 systems."[12]
See also
- Voting Rights Act
- National Voter Registration Act
- Help America Vote Act (HAVA) of 2002
- Federal Constitutional Voting Protections
- Election dictionary
External links
- U.S Election Assistance Commission
- U.S Election Assistance Commission, "Text of HAVA"
- U.S Election Assistance Commission, "Resources for voters"
Footnotes
- ↑ U.S. Election Assistance Commission, "U.S. Election Assistance Commission Adopts New Voluntary Voting System Guidelines 2.0," February 10, 2021
- ↑ U.S. Election Assistance Commission, "Voluntary Voting System Guidelines," accessed December 6, 2023
- ↑ U.S. Election Assistance Commission, "System Certification Process," accessed December 6, 2023
- ↑ U.S. Election Assistance Commission, "Voluntary Voting System Guidelines (VVSG) Migration," November 1, 2022
- ↑ USA.gov, "U.S. Election Assistance Commission," accessed June 1, 2023
- ↑ U.S. Election Assistance Commission, "Voting System Testing and Certification, VVSG Lifecycle Policy," accessed May 16, 2023
- ↑ U.S. Election Assistance Commission, "Secure Elections Toolkit," accessed May 17, 2023
- ↑ 8.0 8.1 8.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ National Association of Election Directors, "NASED Letter to US Election Assistance Commission Regarding Deprecation of the VVSG 1.0," March 17, 2023
- ↑ U.S. Election Assistance Commission, "Deprecation Communications Response," March 24, 2023
- ↑ American Council for Election Technology, "Deprecation letter to the Election Assistance Commission," March 24, 2023
- ↑ U.S. Election Assistance Commission, "Deprecation Communications Response Letter, ACET," March 31, 2023
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