Dupage Policy Journal

There are many concerns with the DuPage County planned purchase of a new voting system. On Sept. 14, the DuPage Finance Committee and the DuPage Board meet to approve over $10.5 million on a new voting system.

The DuPage County Request for Purchase (RFP) out lined some very specific requirements. One requirement was that the proposed system be U.S. Election Assistance Committee (EAC) certified. The current list of certified voting systems list on the EAC web site does not show that the Hart InterCivic Verity  3.1 voting system, which DuPage County is planning to purchase, has been approved for use by the EAC.

The Hart InterCivic Verity 3.1 is required to meet EAC Voluntary Voting Standards Guidelines (VVSG)  1.1 as it is a new voting system and EAC requires that new voting systems meet VVSG 1.1. Hart InterCivic has admitted that they do not meet the standards of VVSG 1.1. Hart did not applied for certification by EAC as they are not list by EAC as under test. Does Hart InterCivc plan to have their Verity 3.1 Voting System certified by EAC?

The RFP also called out that the voting system has to be approved by ILSBE. Hart InterCivic Verity 3.1 is an approved Voting system by the Illinois State Board of Elections (IL SBE) as show on the IL SBE web site.

Hart InterCivic applied to the IL SBE in the spring of 2020 for Interim Approval for their Verity 3.1 voting system. On April 17, 2020, Kyle Thomas requested the board to allow testing (not approval) even though the Verity 3.1 Voting does not meet the EAC VVSG 1.1 requirements. The IL SBE granted that the Hart InterCivic voting system could proceed with testing while the legal team of IL SBE reviewed the application and issues involved with not meeting the standards of VVSG 1.1. (See exerts from IL SBE board meeting minutes below) 

Kyle Thomas, director of Voting and Registration Systems, presented a request from GBS/Hart Voting Systems to submit a certification application and explained that in March of 2018, based on his recommendation, the Board adopted VVSG 1.1 federal voting system guidelines for approval of new voting systems for Illinois. To date, no vendors have brought forth a 1.1 compliant system. In discussions with the EAC, there has not yet been a 1.1 compliant system brought forth to the EAC as well. Hart has requested a review of their system and they admit that they have not fully met the 1.1 guidelines General Counsel Malowitz indicated that their legal research indicated that the accessibility standard that the Hart system does not meet is more of an aspirational standard. Member Watson moved to allow GBS to submit the application (which they have already submitted) to the legal department for review and that testing be allowed to proceed for the 3.1 voting system. Member O’Brien seconded the motion, which passed by roll call vote of 8- 0

A recent review of board meeting minutes from April 2020 to present, there was no mention, no motion, nor any approval by the board to allow or a  waiver given to any voting system to be approved that did not meet the standards set by the IL SBE to meet EAC VVSG 1.1.

On April 20, the IL SBE granted Hart InterCivic Verity 3.1 a 1 year Interim Approval with the conditions that the defective problems with the voting system that were found during IL SBE testing be corrected prior to use in the 2022 Primary election. (See exerts from IL SBE board meeting minutes below) 

Mr. Thomas presented a request for voting system approval from Hart InterCivic Inc. for their Verity Voting 3.1 Vote Tabulation System and said that report was distributed under separate cover. He noted that staff found two issues related to security and one matter related to programming which were outlined in the report. The first issue related to the adjustment of the parameters that notify the voter. Staff recommended that as part of the 5% re-tabulation process, the user review the individual tabulator logs to identify if the parameters were adjusted. The second issue related to the read head on the individual tabulators that allowed some ballots to be entered without being scanned. Staff recommended those ballots be placed with tamper evident seals and asked for a future remedy for the issue. The third issue related to programming of the ovals and number of candidates to vote. Upon review of the system, Hart was able to comply with the eCanvas requirements and those areas of the statute that clearly dictate the requirement for reporting of no candidates and reporting of offices with fewer votes and the number of votes. It is recommended that this be addressed in a future release. Mr. Thomas recommended a one year interim approval with the additional suggestion that Hart will return with the modifications to address the issues before the 2022 general primary election. Pam Geppert was present on behalf of Hart InterCivic and thanked the board for the opportunity to speak. She said that they have partnered with Illinois jurisdictions for the past fifteen years and look forward to bringing forth future improvements to their system. Member Cadigan moved to adopt the recommendation of Mr. Thomas as set forth in his report and grant a one year interim approval for the Verity Voting 3.1 Vote Tabulation System. Vice Chair Linnabary seconded the motion, which passed by roll call vote of 8-0.

There may be a legal issue that the IL SBE approved a system that did not meet EAC VVSG 1.1 guidelines. By law (the HAVA Act), the State of Illinois must meet the standards for voting systems set forth by the EAC or they are not eligible to receive Federal Funds under the HAVA Act.

The DuPage County is planning to purchase the Hart Intermec Verity 3.1 voting system which has noted problems and is only currently allowed to be used until April 20th 2022. If the IL SBE  rescinds or does not re-approve the Verity 3.1 voting system the DuPage County will be buying a voting system that does not meet EAC or IL SBE standards of the VVSG 1.1.

As a foot note…..if any Federal or State Funds are used to in the purchase of the new equipment, the County of DuPage will be in violation of the HAVA Act by accepting funds to purchase a voting system not meeting AEC VVSG 1.1 guidelines.

Details and documentation can be obtained by contacting me at: GeorgeWeck@att.net or 847-899-5150

George Weckbacher is spokesman for We Are the People Illinois!