U.S. El ction Assi s ta c e om

annual report  fiscal year 2008

U.S. El ction Assi s ta c e om

Introduct o 

The Commission 1

The Commissioners 

The Executive Director 

The General Counsel 1

The Chief Operating Officer 1

The Office of the Inspector General 2

EAC Federal Advisory Committees 

Board of Advisors 2

Standards Board 4

Technical Guidelines Development Committee 

EAC Operations 5

Improving and Enhancing Internal Operations 5

The National Clearinghouse 

HAVA Funds Management 7

EAC Administration 7

EAC Advisory Boards 

Improving Voting Technology 7

Votes Taken by the Commission 7

Keeping Stakeholders Informed 10

Web Site Activity  .

The Virtual Meeting Room 11

Communicating with Stakeholders  .

Public Meeting Agendas 11

Notice and Public Comment Policy 11

FY 2008 Freedom of Information Act Activity Report  .

table of contents ★ 2008

Hava Funds Manage en

Administering HAVA Funds to States  .

2008 Requirements Payments 15

State Governments’ Use of HAVA Funds 15

Advisory Opinion Process  .

Allowable Uses of HAVA Funds Administered by EAC  .

Language  ccessi ili ty Prra

Prov di n El ct i on Maage ent R es  

A dvanci ng  h  Vot ng Sste C et ifi cat 

Communication and Clarification 25

History of Voting System Certification 25

History of Voting System Standards and Guidelines 25

Th  N t i a l l ea i n

Conducting Elections Research 27

The 2006 Election Day Survey  .

Improving Data Collection – A Pilot Grant Program 28

Recruiting the Next Generation of Poll Workers 29

Help America Vote Mock Election Program  .

Voting System Reports Clearinghouse 29

A Voter’s Guide to Federal Elections 29

Look ngAh ead to 2

Goal One: Communicate 31

Goal Two: Deliver and Manage Federal Funds Effectively 31

Goal Three: Study, Guide and Assist 31

Goal Four: Test and Certify 31

Goal Five: Manage 31

App ed

Commissioners’ Biographies  .

Executive Director’s Biography 36

Board of Advisors  .

Standards Board 39

Technical Guidelines Development Committee 43
introduction 

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iv

I ntrodu cti

Our Focus in 2008: Preparing for Election Day
 annual report 

 2008

1

The U.S. Election Assistance Commissio

(EAC) focused the majority of its efforts in 

fiscal year 2008 providing information, best 

practices and management tools to the public and to 

election officials throughout the nation in preparation 

for the November 2008 presidential election

At the beginning of the fiscal year, public interest 

in all facets of election administration heightened 

and quickly expanded. The public wanted information about voter registration list maintenance, voter

registration practices and alternative voting methods

In addition, election officials were working hard to 

implement new voting systems, new voter registration 

databases and new voting system components required 

by state laws such as voter verified paper audit trails

Election officials had the added responsibility of 

providing customer service to millions of Americans 

who were keenly interested in the election process, 

some of whom were attempting to register to vote for 

the first time

The EAC embarked upon a two-fold strategy to 

provide information to the public and assistance to election officials, beginning with building upon the Commission’s successful Election Management Guidelines 

program and increasing efforts to provide resources, 

information and instruction to the general public

As the EAC worked to provide a central repository about voting for elections, the Commission 

also put considerable effort into strengthening its 

internal policies and procedures and adding expertise 

to ensure that resources were used efficiently and 

creatively to reach the widest possible audience, especially those who needed information and assistance to 

successfully cast their ballots and the election officials 

who serve them

The Commissi

The EAC is an independent, bipartisan agency created by the Help America Vote Act (HAVA). It assists

and guides state and local election administrators in 

improving the administration of elections for federal 

office. The EAC provides assistance by disbursing

federal funds to states to implement HAVA requirements, auditing the use of HAVA funds, adopting the 

voluntary voting system guidelines (VVSG), and serving as a national clearinghouse and resource of information regarding election administration. The EAC

also accredits voting system testing laboratories and 

certifies, decertifies and recertifies voting systems

The Commissione

The four EAC commissioners are Rosemary E. Rodriguez, chair; Donetta Davidson, vice chair; Gracia Hillman; and Gineen Bresso Beach. Commissioners, wh

are nominated by the President and confirmed by the 

U.S. Senate, may serve only two consecutive ter

Commissioners serve staggered terms. No more than

two commissioners may belong to the same political 

party. Commissioner Beach joined the EAC in November 2008, filling the vacancy created when former

Vice Chair Caroline Hunter resigned

The Executive Direc

Thomas Wilkey was named executive director of the EAC 

in May 2005 by a unanimous vote of the commissioners

EAC’s executive director serves a four-year term. Duties

include managing daily operations, preparing program 

goals and long-term plans, managing VVSG development, 

reviewing reports and studies and overseeing the appointment of EAC staff members and consultants

The General Coun

The general counsel serves a four-year term and is the 

EAC’s chief legal officer. The general counsel provides

legal advice and counsel to staff; provides advice to 

EAC’s federal advisory committees; and assists the 

EAC in meeting all federal, state and local legal and 

regulatory requirements. Ms. Juliet Hodgkins resigne

as the general counsel, effective September 2008. The

EAC is in the process of filling the vacancy

Chief Operating Offi

In May 2008, Alice P. Miller joined the EAC as its chief

operating officer. Ms. Miller oversees the day-to-da

I n t r o d u c t o 
introduction 

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2 operations at the EAC in six program areas: Voting 

Systems Testing and Certification, Grants, Election 

Administration Improvement Programs, Research, 

Administration and Human Resources. She also works

with the executive director to develop and integrate 

policies and procedures to improve efficiency and 

transparency. Ms. Miller is the former executive director of the District of Columbia Board of Elections an

Ethics. During her 12-year tenure, she was responsible

for overseeing and managing all aspects of elections, 

from voter registration to ballot access for candidates 

and measures. She holds a Juris Doctor degree from

Northeastern University School of Law and a Bachelor 

of Arts from Boston College

The Office of the Inspector Gene

The EAC Office of Inspector General (OIG) seeks to 

provide value through its work, which is designed to 

enhance the economy, efficiency and effectiveness at 

EAC. OIG also seeks to detect and prevent fraud, waste,

abuse and mismanagement in programs and operations

OIG clients include the commissioners and executives 

of EAC, the Congress, the Office of Management and 

Budget, the Government Accountability Office, state 

governments, other federal entities and the public

In FY 2008, the OIG issued audit reports for the 

states of New Mexico and Minnesota. The Minnesota

audit examined the state’s compliance with HAVA 

spending provisions, including provisions in Sections 

101 and 251; accounting requirements for property 

purchased with HAVA funds; and requirements in 

Section 251 regarding an election fund, matching contributions and maintenance of a base level of state outlays

The New Mexico audit report examined the state’s 

compliance with HAVA requirements governing the 

spending of HAVA funds and the replacement of punch 

card or lever voting machines. It also looked at compliance

with HAVA requirements for appropriating a five percent 

match for requirements payments, establishing an election 

fund and maintaining state expenditures for elections at a 

level not less than expended in fiscal year 2000

The OIG also issued a report about the EAC’s programs 

and operations, which identified areas where the EAC 

needs to focus on implementing policies and procedures

The OIG report Preparation of the Voter Fraud and Intimidation 

Report, which was initiated by the commission, found “no 

evidence to support allegations that the changes were made 

to the report due to improper reasons or political motivations.” The OIG also released a report of an investigation

that cleared SysTest Labs, Incorporated of any alleged 

fraudulent certification of election equipment

OIG reports and related information, including 

instructions for submitting an inquiry, are available at 

www.eac.g

EAC Federal Advisory Commi

HAVA requires a 37-member Board of Advisors and a 

110-member Standards Board to help the EAC carry 

out its mandates under the law. HAVA Section 221 calls

for establishing a Technical Guidelines Development 

Committee (TGDC) to help EAC develop the VVSG

These boards provide valuable input and expertise in 

forming guidance and policy. The EAC uses a Virtual

Meeting Room for its advisory committees to facilitate a more transparent and efficient way of receiving 

input. The Virtual Meeting Room is available at ww

eac.gov, and all comments made by board members are

available to the public. Virtual Meeting Room notices

are also posted in the Federal Register to notify the 

public about the comment sessions

Board of Advisors

Membership on the Board of Advisors includes the following groups, as specified in HAVA (two members appointed by each): National Governors Association; National Conference of State Legislatures; National Association of Secretaries of State; The National Association of 

State Election Directors; National Association of Counties; National Association of County Recorders, Election 

Officials and Clerks; The United States Conference of 

Mayors; Election Center; International Association of 

Clerks, Recorders, Election Officials, and Treasurers; 

the U.S. Commission on Civil Rights; and Architectura

and Transportation Barriers Compliance Board

Other members include representatives from the 

U.S. Department of Justice, Public Integrity Section o

the Criminal Division and the Voting Section of the Civil 

Rights Division; the director of the U.S. Department o

Defense Federal Voting Assistance Program; four professionals from the field of science and technology, one 

each appointed by the Speaker and the Minority Leader 

of the U.S. House of Representatives, and the Majorit
 annual report 

 2008

and Minority leaders of the U.S. Senate; and eight

members representing voter interests, with the chairs 

and the ranking minority members of the U.S. House o

Representatives Committee on House Administration 

and the U.S. Senate Committee on Rules and Administration each appointing two membe

In FY 2008, the board held two public meetings and 

three public forums in the EAC Virtual Meeting Room, 

which allows the public to view draft documents and 

comments. Virtual meetings included review of Election

Management Guidelines chapters, the Alternative Voting 

Methods Study and the evaluation plan for the EAC’s 

$10 million Election Data Collection Grant Program

At the board’s December public meeting to discuss 

the next iteration of the VVSG, the board passed 15 

related resolutions

 Resolution 2007-[D1] recommended that EAC

reevaluate the concept of software independence, 

including investigating alternatives that stress 

security, verifiability and auditability

 Resolution 2007-[D2] recommended the incorporation of plain-language explanation

 Resolution 2007-[D3] recommends the inclusion

of ballot on demand standards for printers and 

software

 Resolution 2007-[D4] recommended inclusion of

early voting and vote center classes of voting systems

 Resolution 2007-[D5] recommended that all election officials’ responsibilities identified by the

vendor be tested for usability

 Resolution 2007-[D6] recommended consideration

of the impact on vote-by-phone voting systems

 Resolution 2007-[D7] recommended identification of

risks that will be assessed in open-ended vulnerability 

testing and establish risk assessment benchmarks

 Resolution 2007-[D8] agreed with the ban on

wireless interaction with voting systems

 Resolution 2007-[D9] urged no impact on the

development of alternative voting methods

 Resolution 2007-[D10] recommended a fiscal

analysis and that Congress provide funding for 

these activities

 Resolution 2007-[D11] recommended inclusion of

standardized data elements for voting systems to 

insure interoperability and component development

 Resolution 2007-[D12] recommended removal of

all requirements that mandate election procedures

 Resolution 2007-[D13] recommended adoption of

an administrative procedure and process for testing 

and certifying innovation class voting systems

 Resolution 2007-[D16] recommended that usability

testing be expanded to include user documentation, operations manuals and training materials

 Resolution 2007-[D19] recommended that the

next iteration include plain language to accommodate multiple audiences

The board also passed the following 11 resolutions: 

 Resolution 2007-[D14] recommended that the

EAC compile voting system incident reports 

provided by local or state officials and make the 

information available at www.eac.g

 Resolution 2007-[D15] recommended the EAC

compile post-election audit reports, standards, 

ordinances and legislation, and election auditing 

pilot projects and make information available at 

www.eac.gov. Also recommended providing t

appropriate staff for the recommendation

 Resolution 2007-[D17] recommended that EAC

consider appointing a representative of the Election Technology Council to the TGDC

 Resolution 2007-[D18] recommended that the

EAC conduct a cost analysis study about administering an election

 Resolution 2007-[D20] recognized and honored

Tony Sirvello for his tenure as the secretary to the 

Board of Advisors and for his many contributions 

to election administration

At the board’s June public meeting in Washington, 

DC, it adopted six resolutions

 Resolution 2008-01 included the following recommendations regarding EAC research: development of a State

Distribution Plan; addition of working groups of relevant 
introduction 

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4 stakeholders for all research projects; and consideration 

of election cycles when conducting research

 Resolution 2008-02 included the following recommendations regarding EAC research activities

•	 Form a working group by researching the 

feasibility and advisability of identifying 

voters by Social Security numbers and that 

its completion be given priority

•	 Produce an interim report on efforts to 

study challenges presented by incorporating 

Internet technologies in elections

•	 Provide a glossary of election terms by 

defining early voting, absentee voting, 

disabled or hospitalized voting, no excuse, 

excused and early absentee

•	 Review provisional voting data to determine 

why provisional ballots were needed, and collect 

provisional voting information from states

•	 Establish an accessibility working group to 

research current voting systems and practices and to advise EAC regarding the next 

iteration of the VVSG

•	 Establish a clearinghouse containing state 

and federal statutes relating to election 

crimes and enforcement actions

•	 Conduct a study about Web sites for voter 

information portals. Consult with election officials and include information from each state

and at least one local jurisdiction in each state

•	 Further study the Reduced Postage for the 

Return of Absentee Ballots to include consideration of reducing the postage for the return 

of absentee ballots to one first-class stamp

 Resolution 2008-03 recommended that EAC

remove certification barriers and roadblocks to 

ensure certification of systems for use in the 2008 

general election

 Resolution 2008-04 recommended that EAC

urge election officials to work with the General 

Accountability Office’s efforts to examine polling 

place accessibility

 Resolution 2008-05 recommended that EAC work

to educate the media and the public that accurate election results will be compromised by an 

emphasis on speed instead of accuracy

 Resolution 2008-06 recommended that EAC

develop a Quick Start Guide on Accessibility and 

Disability Issues.

Meeting minutes, resolutions, presentations and other 

related material are available at www.eac.g

Standards Board

The Standards Board consists of 110 members; 55 

are state election officials selected by their respective 

chief state election official and 55 are local election 

officials selected through a process supervised by the 

chief state election official. HAVA prohibits any two

members representing the same state to be members 

of the same political party

The board elects nine members to serve as an 

executive board, of which not more than five are state 

election officials, not more than five are local election 

officials, and not more than five are members of the 

same political party

In FY 2008, the board held one public meeting and 

one public forum in the EAC Virtual Meeting Room to 

review Election Management Guideline chapters

In FY 2008 the Standards Board adopted 14 resolutions regarding the next iteration of the VVSG

 Resolution 2007-06 recommended that the next

iteration not include software independence as a 

requirement

 Resolution 2007-07 recommended the removal

of the requirement for open-ended vulnerability 

testing until such time as standards can be created 

to allow vulnerability testing to be a uniform and 

defined process for each voting system

 Resolution 2007-08 recommended the removal of

all requirements that mandate election procedures 

instead of equipment standards

 Resolution 2007-09 recommended that the EAC

conduct research into and consider the financial 

impact of the next iteration of the VVSG in the 

areas of cost to develop, acquire, test and administer the next generation of voting systems
 annual report 

 2008

 Resolution 2007-10 recommended consideration of 

the impact on the election administrator’s ability to 

provide vote centers and early voting centers

 Resolution 2007-11 recommended that the TGDC

identify all “goal level” or non-testable requirements

 Resolution 2007-12 recommended the removal of

any editorializing regarding the 2002 Voting System 

Standards or the 2005 VVSG in the next iteration

 Resolution 2007-13 recommended that the EAC

consider all consequences before establishing an 

effective date for the next iteration

 Resolution 2007-14 recommended that a time

period in which 2005 VVSG certified voting systems 

could be upgraded or modified while uncertified 

systems are being tested to the next iteration

 Resolution 2007-15 included the comments for the

next iteration from the VVSG Ad Hoc Committee

 Resolution 2007-16 included typographical and

formatting changes for the next iteration

 Resolution 2007-17 recommended that the TGDC use a

demographic sample that is more reflective of the voting 

population when developing usability test methods

 Resolution 2007-18 recommended that Part 1,

Parts 5.6.1-B, 5.6.1-C, 5.6.2-B and 5.6.

phrase “except electronic ballot markers and electronic ballot printers that rely on hardwired telephone lines” should be inserted following the term 

“electronic devices.

 Resolution 2007-19 recommended that the next

iteration continue to allow authorized reopening of 

the polls

 Resolution 2007-20 recommended that in the

next iteration Part 1- Chapter 3.2.7-A.2 the te

“whether the language is written or spoken” at the 

end of the sentence be removed and replaced with 

“for those languages that are written.

Meeting minutes, resolutions, presentations and other 

related material are available at www.eac.g

Technical Guidelines Developmen

Committee

HAVA mandates that the TGDC assist with the 

development of the VVSG, a task that was completed 

in May 2005. These guidelines are voluntary and each

state retains the prerogative to adopt these guidelines

The TGDC has already completed a draft of the next 

iteration of the VVSG, and the EAC and National 

Institute of Standards and Technology (NIST) are 

reviewing the first round of comments submitted

The chairperson of the TGDC is the director of the 

NIST. The TGDC is composed of 14 other members

appointed jointly by EAC and the director of NIST

Members include representatives from the EAC Standards Board, EAC Board of Advisors, Architectural and 

Transportation Barriers Compliance Board, American 

National Standards Institute, Institute of Electrical 

and Electronics Engineers, The National Association 

of State Election Directors (two representatives), and 

other individuals with technical and scientific expertise 

related to voting systems and voting equipment

To view meeting minutes, resolutions and other 

related material visit http:vote.nist.g

EAC Operat

In FY 2008, the EAC focused on providing resources 

to program areas that provide training and management materials to election officials and information 

and language assistance materials to the public. Those

efforts included creative approaches like increasing 

Web site bandwidth and providing public meeting 

Webcasts to deliver resources to larger audiences. The

Commission also dedicated resources to develop the 

next iteration of the VVSG and for ongoing activities 

in the federal government’s first Voting System Testing and Certification Program. The Commission’s FY

2008 appropriation was $16,397,422, which included 

a pass through of $3,250,000 for NIST

Improving and Enhancing Interna

Operation

In FY 2008, the EAC established the ground work for more 

effective management, accountability and control of its 

financial and program operations. This was a direct result

of three significant events. The first was an assessment by

the OIG that highlighted the need to implement a strategic 

plan, improve internal controls, clarify the roles and responsibilities of the commissioners and senior management 

and establish policies and procedures for all program areas

The second was the requirement that EAC must complete 

an audit of its fiscal year 2008 financial statements. The
introduction 

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6 third was feedback from auditors, indicating that EAC had 

some material internal control weaknesses. In response to

these events, EAC has done the following: 

 Hired a chief operating officer, budget officer and

contracting officer

 Started the search for a chief financial office

 Developed a strategic pla

 Issued policy on the roles and responsibilities of

commissioners and the executive director

 Hired a contractor to help write policies and

procedures and to document internal controls

 Hired professionals to help develop performancebased budget

 Contracted with a certified public accounting firm

to assist with financial management

 Initiated efforts to obtain the services of a qualified firm to assist with prioritizing, analyzing and

implementing the audit recommendations to aid 

with developing a management plan

 Initiated the process to update documentation

of current financial management processes and 

systems

 Initiated an assessment of training needs for

employees to further enhance awareness of sound 

financial management practices

 Begun the process to issue a contract for assistance

with the development of a comprehensive corrective action plan to address all weaknesses

The EAC is using the OIG assessment and the audit 

findings as a roadmap to make the adjustments that 

are needed to improve financial and management processes. The commissioners and the executive director

also recognize the need to modify the management 

style to ensure a high level of accountability

In FY 2008, the EAC promulgated regulations implementing the Freedom of Information Act, Government 

in the Sunshine Act and the Privacy Act. In addition,

the EAC promulgated regulations governing nondiscrimination on the basis of handicap, testimony by EAC 

employees and standards of conduct for EAC employees

The EAC’s regulations are published at 11 CFR parts 

9400-9499 and are also accessible at www.eac.g

The National Clearingho

To meet the HAVA research and study mandates and 

to provide election administration materials in preparation for the 2008 election, 16 percent of the budget 

was used to conduct and distribute the National Voter 

Registration Act Survey, the Uniformed and Overseas 

Citizens Voting Act Survey, Poll Worker Best Practices 

and the Effective Designs in Election Administration 

project. Clearinghouse funds were used to produce

and distribute the Election Management Guidelines 

30%

2%

16%

23%

29% Improving Voting Technology 

($4,832,986) 

EAC Administration

($4,914,199)

EAC Advisory Boards

($341,200)

The National Clearinghouse 

($2,566,276)

HAVA Funds Management 

($3,742,761)
 annual report 

 2008

and related Quick Start Management guides, which 7

covered topics such as voting system certification and 

voting system security. The National Clearinghouse

also funds the Language Accessibility Program, which 

has produced glossaries of election terms in six languages. Clearinghouse materials are available on the

EAC Web site at www.eac.g

HAVA Funds Managemen

In FY 2008, 23 percent of the budget was dedicated to 

HAVA funds management activities such as the audit 

program. These funds also covered the issuance of the

2007 report on HAVA spending by the states

EAC Administratio

Thirty percent of the EAC’s budget was dedicated to 

administration, which included internal operations 

and related costs, such as rent, office equipment and 

supplies, salaries and benefits, public meeting and 

hearing expenses, travel and other administrative 

costs. This percentage also included costs for issuing

Federal Register notices about EAC activities

EAC Advisory Board

The EAC applied two percent of its budget to fund meetings for the Standards Board and Board of Advisors to 

help develop the next iteration of the VVSG, review EAC 

materials and provide input regarding research projects

Improving Voting Technolo

In FY 2008, 29 percent of the budget was dedicated 

to improving voting technology. Related activities

included working with NIST to evaluate and accredit 

voting system test laboratories and the management 

of the entire voting system certification process. Also

included was $3.2 million for NIST to assist the EAC

in this program area and for activities to develop the 

next iteration of the VVSG

Votes Taken by the Commissi

In FY 2008, the commissioners cast votes on a wide 

variety of issues and initiatives, including the adoption 

of HAVA funding policies, research projects and internal policies. A summary of FY 2008 votes is shown

in the following tables. Twenty-eight votes taken by

the commissioners during public meetings held in FY 

2008, and information about these votes is available in 

the News Center at www.eac.g

2008 ★ Tally Vot

 Decided by  Date Cert

 Title  Vote of  Transmi

1. Adoption of Executive Order (January 8, 2008) Regarding

Across the Board Pay Increase to Government Employees 4 1/9/2008 1/14/2008

2. Appointing Donetta Davidson as the Designated Federal Officer 

to the Technical Guidelines Development Committee (TGDC) 4 2/1/2008 2/8/2008

3. Appointing Gracia Hillman as the Designated Federal Officer 

to the EAC Board of Advisors 4 2/1/2008 2/8/2008

4. Appointing Caroline Hunter as the Designated Federal Officer 

to the EAC Standards Board 4 2/1/2008 2/8/2008

5. Resolution of the Illinois Audit Appeal 4 3/3/2008 3/6/2008

6. Resolution of the Audit Appeal from West Virginia 4 3/3/2008 3/6/2008

7. Recommendation for Web site Maintenance Contract 4 3/4/2008 3/11/2008

8. Federal Register Publication of Changes to the Alaska, Florida, Minnesota, 

New Jersey, Nevada, Oregon, and South Dakota HAVA State Plans 4 3/18/2008 3/31/2008

9. Recommendation for Funding and Execution of an Election Day Survey 

Administration Contract 3 3/25/2008 3/31/2008
introduction 

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8 2008 ★ Tally Votes (Cont.)

 Decided by  Date Cert

 Title  Vote of Transmit

10. Resolution of Delaware Audit Appeal 4 4/24/2008 4/29/2008

11. Suspension of Iowa Appeal 4 5/9/2008 5/13/2008

12. Recommendation for Adoption of Glossary of Key Election 

Terminology in Chinese, Japanese, Korean, Tagalog and Vietnamese 4 5/14/2008 5/16/2008

13. Award Recommendations for $10 million Election Data Collection Grant Program 4 5/27/2008 5/28/2008

14. Recommended Award of 2008 Mock Election Program Grants 4 6/4/2008 6/9/2008

15. Recommended Award of 2008 Help America Vote College Program 4 6/4/2008 6/9/2008

16. Federal Register Publication of Changes to the Colorado HAVA State Plan 4 6/25/2008 6/30/2008

17. Appointing Donetta Davidson as Vice Chair 3 7/8/2008 7/10/2008

18. Adoption of Report to Congress on State Governments’ Use of Help 

America Vote Act Funds 3 7/8/2008 7/10/2008

19. Final Advisory Opinion No. FAO-08-003 on the Purchase of Replacement 

Equipment for Previously-Funded HAVA Equipment 3 7/23/2008 7/29/2008

20. Final Advisory Opinion No. FAO-08-004 on the Application of 

Indirect Cost Rates 3 7/23/2008 7/29/2008

21. Final Advisory Opinion No. FAO-08-005 on the Use of HAVA Funds 

for Voter Registration Activities 3 7/23/2008 7/29/2008

22. Final Advisory Opinion No. FAO-08-001 on the Application of the Maintenance 

of Effort Requirement to States That Installed a Voter Registration Database 

Prior to the HAVA and that Subsequently Met the Requirements of HAVA 3 7/23/2008 7/29/2008

23. Final Advisory Opinion No. FAO-08-002 on the Waiver of State Matching 

Requirements in Accordance with Title 48 Section 1469a(d) of the 

United States Code 3 7/23/2008 7/29/2008

24. Appointment of Mr. Ritchie D. Vinson as the EAC Contracting Officer 3 7/23/2008 7/29/2008

25. The Addition of New Subject Matter to the August 5, 2008 Public 

Meeting in Washington, DC 3 7/25/2008 7/29/2008

26. Advisory Opinion No. FAO-08-006 on Use of Revenue from the State 

of HAVA-Funded Equipment to Finance Equipment or Other Items 

Provided for in Sections 101 and 251 of HAVA Funds 3 8/14/2008 8/19/2008

27. Advisory Opinion No. FAO-08-007 on Requirements for Reporting and 

Accounting for the Disposition of Equipment Purchased with HAVA Funds 3 8/14/2008 8/21/2008

28. Federal Register Publication of Changes to HAVA State Plans 3 8/19/2008 8/23/2008

29. Updates to Nevada State Instructions on the National Voter Registration Form 3 8/21/2008 8/23/2008
 annual report 

 2008

2008 ★ Tally Votes (Cont.) 9

 Decided by  Date Cert

 Title  Vote of Transmit

30. 2008 HAVA Requirements Payments to States - North Dakota 3 8/28/2008 9/4/2008

31. Federal Register Publication of Changes to HAVA State Plan - Georgia 3 9/2/2008 9/4/2008

32. Adoption of Voter Information Web sites Study 3 9/2/2008 9/11/2008

33. Publication of final rules on Freedom of Information, Privacy Act, 

Government in the Sunshine, Testimony by Commissioner Employees 

Relating to Official Information and Production of Official Records in 

Legal Proceedings, Standards of Conduct for Commission Employees, 

and Nondiscrimination on the Basis of Handicap in Programs or Activities 

Conducted by the U.S. Election Assistance Commission 3 9/8/2008 9/11/2008

34. Advisory Opinion in Response to Sacramento County, CA 

Regarding the Use of Section 251 Funds for Voting System Maintenance 3 9/23/2008 9/25/2008

35. Advisory Opinion in Response to Sacramento County, CA 

Regarding the Use of Section 251 Funds for Electronic Poll Books 3 9/23/2008 9/25/2008

36. Advisory Opinion in Response to California Regarding the Use of 

HAVA Funds for Voting Equipment Reimbursement 3 9/23/2008 9/25/2008

37. Advisory Opinion in Response to California Regarding the Use of 

Section 251 Funds for Poll Worker Training and Voter Education 3 9/23/2008 9/25/2008

38. Advisory Opinion in Response to Wayne County, NY Regarding 

Use of HAVA Funds to Pay for Poll Worker Training and Lunch 3 9/23/2008 9/25/2008

39. Federal Register Publication of Changes to HAVA State Plan - 

Idaho, Iowa, and Pennsylvania 3 9/30/2008 10/6/2008

1. 2007 Annual Report 4 1/17/2008 1/18/2008

2. 2008 HAVA Requirements Payments Disbursement Letter 3 9/4/2008 9/5/2008

3. 2008 HAVA Requirements Payments to States - Colorado 3 9/10/2008 9/11/2008

4. The Roles and Responsibilities of the Commissioners and 

Executive Director of the U.S. Election Assistance Commission 3 9/10/2008 9/15/2008

2008 ★ Consensus Vot

 Decided by  Date Cert

 Title  Vote of Transmit
introduction 

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10

Keeping Stakeholders Inform

Elections, voting and the entire process have steadily 

become hot topics among the media, the public, advocacy organizations and, of course, election officials

The EAC has struggled to meet the high demand from 

the public for information and clarification while 

also meeting the Commission’s mandates prescribed 

by HAVA. Fortunately, technology provides creative

solutions to small entities like EAC that must provide 

services to large audiences, and the EAC has incorporated technology tools to ensure open communication, transparency and accountability regarding 

Commission activities and decisions. Tools like the

EAC Web site, Webcasts and online meetings enabled 

the EAC to communicate and operate in the sunshine 

while allowing the Commission to direct precious 

resources to other areas such as the Voting System 

Testing and Certification and the Language Accessibility programs as well as HAVA-mandated research

Web Site Activity

During FY 2008, there were 2,391,267 page views on 

the EAC Web site, and top page destinations included 

Register to Vote, the Voter Information Center, the 

Election Official Center, the Voting System Testing and 

Certification and Laboratory Accreditation Program 

and the Language Assistance Program. The most popular download was the National Voter Registration For

E A We   i

.08%

Direct Traffic 

(170,794)

Search Engines 

(181,352)

Register to Vote 

(809,455) page views

EAC Home Page 

(421,681) page views

Voter Information Center 

(156,839) page views

2008 State Primar y Dates 

(55,291) page views

Referring Sites 

(575,646)

Other 

(730)

62%

18.39%

19.53%

FY 2008 Traffic Sour

FY 2008 Top Web Site Con

33.85%

17.63%

6.56%

2.31%
 annual report 

 2008

The state profiles section, accessible by clicking on a 11

map from the home page, was another popular destination. Visitors had access to a wide variety of election

administration information specific to each state, such 

as registration deadlines, voter identification requirements and direct links to additional resources

The EAC Web site also includes information about 

voting systems and voting system test laboratories, 

official meeting minutes and agendas, Federal Register 

notices, public meeting and hearing schedules, EAC 

studies and research and election management materials

The Virtual Meeting R

The EAC incorporated a Virtual Meeting Room on 

the EAC Web site to conduct review sessions for EAC 

board members. The Virtual Meeting Room is open

to the public, and visitors are able to review the draft 

documents as well as the comments posted by the 

board members. In addition to providing transparency,

the Virtual Meeting Room also saves money and time, 

as well as increasing board member participation by 

eliminating the need for in-person review sessions. To

view draft documents and board member comments, 

visit the Virtual Meeting Room at www.eac.g

Communicating with Stakeholder

EAC, as part of its responsibility to maintain a clearinghouse of election administration information, ensures that key information and updates from each EAC 

program are distributed to the public through electronic communication. EAC’s primary communication

tool is its Web site. During 2008, EAC

 Integrated a Real Simple Syndication (RSS) news

feed that enables EAC to feature the most current 

EAC tools, resources and events on its home page

Most importantly, RSS allows EAC to automatically alert an unlimited number of subscribers of 

our feed with EAC program and event updates

 Posted nearly 1,000 documents and Web pages

to our site. These documents and pages contain a

variety of information, from voting system test 

plans and correspondence to testimony from EAC 

public meetings and hearings

 Drafted and circulated scores of press releases and

commissioner statements to a list of more than 1,300 

stakeholders, including election officials, the national 

media and voter advocacy groups

 Issued 21 editions of EAC Newsline, an electronic

newsletter that contains weekly program updates

 Issued 10 e-mail alerts and newsletters summarizing

any public meeting votes or decisions, and linking 

the alerts to sections of our Web site for relevant 

documents, such as testimonies, policies or reports

 Responded to approximately 250 inquiries from

reporters. A large majority of these inquiries

required directing reporters to information on our 

site, tracking down internal and external sources 

of election information and facilitating interviews 

between reporters and EAC spokespersons

Public Meeting Agenda

Chair Rodriguez successfully implemented a new policy 

requiring the EAC to make its meeting agenda public at 

least 21 days before the next regularly scheduled meeting. The Government in the Sunshine Act requires federal

government agencies to open meetings to the public and 

to publicly announce meetings at least seven days prior

The policy will expire at the end of her term as chair

Notice and Public Comment Poli

Commissioner Hillman successfully steered passage of 

the EAC’s Notice and Public Comment Policy, which 

provides public comment periods for all policies under 

consideration that are not subject to notice and comment under any federal statute. At a minimum, the

EAC will provide a period of public comment of no 

less than 30 days on all policies, advisories, manuals, 

procedures, regulations or rules of general applicability that impact outside parties. The new policy underscores the EAC’s continued commitment to make all

policy making activities open and transparent

This policy further outlines the roles, responsibilities and procedures for this process to assure that the 

public has effective notice and the ability to submit 

timely and meaningful comment on proposed EAC 

policies and rules. The notice and public comment

policy is available at www.eac.g
introduction 



12 FY 2008 Freedom of Information Act

Activity Report

In FY 2008, the EAC received 18 requests under 

the Freedom of Information Act (FOIA). Seventeen

requests were processed, and one request was withdrawn. As of September 30, 2008, two of those requests remain pending. Processing time through th

end of FY 2008 on the pending requests was 26 and 

11 days. The average number of days these requests

have been pending is 18.

For those requests completed, the median 

processing time was 18 days, and the average processing 

time was 18.6 days. The range in number of day

for response was 4 to 49 days. Of the 15 requests

completed in fiscal year 2008, 10 were completed 

within 20 days, 4 were completed within 40 days and 1 

was completed within 60 days

There were no instances in which the EAC did not 

comply with a request and no appeals were made. There

were no instances where a court reviewed a decision 

to withhold, no administrative appeals were made and 

there were no expedited review requests

There are two EAC employees who process FOIA 

requests, but neither employee is solely dedicated 

to FOIA activities. The EAC spent approximately

$100,732 processing FOIA requests in FY 2008. The

EAC granted fee waivers on all FOIA requests. There

were no fee waiver adjudications

The EAC withheld documents and information in 

17 instances; 3 instances under FOIA exemption 3; 3 

instances under FOIA exemption 4; 1 instance under 

FOIA exemption 5; and 10 instances under FOIA exemption 6. The information withheld included internal memoranda, contractor proposals, personnel files, personal

information and confidential business information

The EAC’s FOIA regulations and instructions for 

submitting a request and the FOIA Reading Room are 

available to the public at www.eac.g

EAC FOIA Policy

a) The Commission will make the fullest possible disclosure of records to the public, consistent with the 

rights of individuals to privacy, the rights of individuals and other entities with respect to trade secrets and 

commercial or financial information entitled to privileged and confidential treatment, and the need for the 

Commission to promote free internal policy deliberations and to pursue its official activities without undue 

disruption

(b) All Commission records shall be available to the 

public unless they are specifically exempt under this part

(c) In the interest of efficiency and economy, the 

Commission’s preference is to furnish records to 

requesters in electronic format, when possible

(d) To carry out this policy, the Commission has 

designated a Chief Freedom of Information Act Officer 

(Chief FOIA Officer)

FOIA Exemptions 

No FOIA requests under 5 U.S.C. 552 shall be deni

release unless the record contains, or its disclosure 

would reveal, matters that are:

(1) Specifically authorized under criteria established by 

an Executive Order to be kept secret in the interest 

of national defense or foreign policy and are, in fact, 

properly classified under such Executive Order

(2) Related solely to the internal personnel rules and 

practices of the Commission

(3) Specifically exempted from disclosure by statute, 

provided that such statute: requires that the matters 

be withheld from the public in such a manner as 

to leave no discretion on the issue, or establishes 

particular criteria for withholding, or refers to 

particular types of matters to be withheld

(4) Trade secrets and commercial or financial information obtained from a person that are privileged or 

confidential

(5) Interagency or intra-agency memoranda or letters 

that would not be available by law to a party in litigation with the Commission

(6) Personnel and medical files and similar files, the 

disclosure of which would constitute a clearly 

unwarranted invasion of personal privacy

(7) Records or information compiled for law 

enforcement purposes, but only to the extent 

that the production of such law enforcement 

records or information could reasonably be 

expected to interfere with enforcement proceedings; deprive a person of a right to a fair trial 
 annual report 

 2008

or an impartial adjudication; could reasonably 13

be expected to constitute an unwarranted invasion of personal privacy; could reasonably be 

expected to disclose the identity of a confidential source, including a state, local, or foreign 

agency or authority or any private institution 

that furnished information on a confidential 

basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal 

investigation, or by an agency conducting a lawful 

national security intelligence investigation, information furnished by a confidential source; would 

disclose techniques and procedures for law enforcement investigations or prosecutions or would 

disclose guidelines for law enforcement investigations or prosecutions if such disclosure could 

reasonably be expected to risk circumvention of the 

law; or could reasonably be expected to endanger 

the life or physical safety of any individual

★ ★ ★ ★ ★ ★
HAVA F n d M nage
 annual report 

 2008

15

EAC distributes, monitors and reports on funding programs authorized by HAVA to improve the administration of elections for federal office

This also involves negotiating indirect cost rates with 

state election offices and resolving audit findings on the 

use of HAVA funds. During 2008, EAC issued guidance

(a policy clarification and advisory opinions) on the uses 

of and accounting for HAVA funds as follows:

 Clarified that states may use HAVA funds to

replace voting systems that were previously 

purchased with HAVA funds

 Clarified the HAVA provision that exempts the

U.S. Territories from the matching requiremen

contained in Section 254 of HAVA

 Described how to allocate indirect costs to various

HAVA-funded programs

 Identified the various voter registration activities

that are eligible for HAVA funding

 Explained the requirements for the disposition

of revenue from the sale of equipment purchased 

with HAVA funds

 Negotiated indirect cost rates for Illinois and

Michigan state election offices

 Issued management decisions for the following

states: Delaware, Illinois, Indiana, Kentucky, 

Minnesota, Missouri, Montana, New Jersey, New 

Mexico, Ohio and South Carolina

2008 Requirements Payment

The Omnibus Appropriations Act for fiscal year 2008 

(Public Law 110-161) included $115 million to help 

states improve the administration of federal elections

These funds are known as Requirements Payments that 

are authorized under Section 251 of HAVA

Requirements Payments must be used to meet the 

requirements in Title III of HAVA, which include voting 

system standards, voting information requirements, 

provisional voting, statewide voter registration lists, 

and identification requirements for voters who register 

by mail. States may also use Requirements Payments

to improve the administration of federal elections if 

they certify that the state has implemented the requirements of Title III or that the state will use only up to 

the minimum payment amount for the administration of federal elections. By the end of the fiscal year,

North Dakota and Colorado successfully met all of the 

requirements and have received their Requirements 

Payments

State Governments’ Use of HAVA 

The EAC annually reports to Congress on how the states 

have spent HAVA funds. The report covers expenditures

that are authorized under Sections 101, 102 and 251 of 

HAVA. The final report may be downloaded at www.e

gov. Highlights include:

States have spent 67 percent of the nearly $3 billion in 

funding they received under these three sections. HAVA

does not specify the year in which the funds must be used, 

so the roughly $1.2 billion (including interest earned) of

unspent funds remain available to states

For funds spent in 2007, 64 percent went toward 

acquiring and administering voting system technology

The remainder was divided among the following election activities:

 Seventeen percent on developing and implementing

computerized statewide voter registration databases 

 Eleven percent on federal election administration

improvement

 Seven percent toward uncategorized election

administration costs

 One percent on provisional voting and polling

place information for voters

A d m nist r i n g HAVA F un d t o S
HAVA funds management 



16

Stat

Estimated Payment

to State

Required

State Matc

Alabama $1,759,843 $92,623

Alaska $575,000 $30,263

American Samoa $115,000 $6,053

Arizona $1,990,175 $104,746

Arkansas $1,063,284 $55,962

California $12,908,853 $679,413

Colorado $1,695,344 $89,229

Connecticut $1,362,107 $71,690

Delaware $575,000 $30,263

District of Columbia $575,000 $30,263

Florida $6,477,573 $340,925

Georgia $3,169,840 $166,834

Guam $115,000 $6,053

Hawaii $575,000 $30,263

Idaho $575,000 $30,263

Illinois $4,822,248 $253,803

Indiana $2,378,803 $125,200

Iowa $1,167,79 $61,463

Kansas $1,054,068 $55,477

Kentucky $1,614,983 $84,999

Louisiana $1,720,843 $90,571

Maine $575,000 $30,263

Maryland $2,082,635 $109,612

Massachusetts $2,558,325 $134,649

Michigan $3,863,682 $203,352

Minnesota $1,921,547 $101,134

Mississippi $1,103,299 $58,068

Missouri $2,201,571 $115,872

Montana $575,000 $30,263

Nebraska $680,097 $35,795

Allocation of FY 2008 Requirements Payments and Matching Contribut
 annual report 

 2008

17

Stat

Estimated Payment

to State

Required

State Matc

Nevada $798,107 $42,006

New Hampshire $575,000 $30,263

New Jersey $3,331,893 $175,363

New Mexico $705,983 $37,157

New York $7,498,510 $394,658

North Carolina $3,205,460 $168,708

North Dakota $575,000 $30,263

Ohio $4,451,084 $234,268

Oklahoma $1,359,185 $71,536

Oregon $1,367,863 $71,993

Pennsylvania $4,919,086 $258,899

Puerto Rico $1,426,017 $75,054

Rhode Island $575,000 $30,263

South Carolina $1,591,647 $83,771

South Dakota $575,000 $30,263

Tennessee $2,266,085 $119,268

Texas $7,853,797 $413,358

Utah $812,771 $42,777

Vermont $575,000 $30,263

Virgin Islands $115,000 $6,053

Virginia $2,815,466 $148,182

Washington $2,312,945 $121,734

West Virginia $755,964 $39,788

Wisconsin $2,111,219 $111,117

Wyoming $575,000 $30,263

Total $115,000,000 $6,052,632

Allocation of FY 2008 Requirements Payments and Matching Contributions (Cont.)

* By the end of FY 2008 Colorado and North Dakota had received their Requirements Payments.
HAVA funds management 



18

Advisory Opinion Proce

At the April 16, 2008, public meeting, the commissioners adopted (3-1) a policy introduced by former 

Vice Chair Caroline Hunter requiring any inquiry 

regarding the use of HAVA funds be decided by a vote 

of the commission and include public notice and comment. The policy allows any federal or state government official, local election official, provided the local

jurisdiction received or anticipates receiving HAVA 

funds, or any EAC staff member to submit a request 

for an advisory opinion. To view pending and issued advisory opinions, as well as instructions for submitting a

request for an advisory opinion, visit www.eac.g

Allowable Uses of HAVA Funds Adminis

by 

In FY 2008, the commissioners unanimously adopted 

a policy advisory clarifying the allowable uses of payments made to states under Sections 101 and 251 of 

HAVA. Commissioners determined that it is a reasonable use of HAVA funds to purchase any HAVA-compliant voting system regardless of whether the systems

replaced were originally purchased with HAVA funds

According to the policy, states will have the flexibility and opportunity to use HAVA funds to meet the 

requirements of Title III or to improve the administration of elections for federal office

✪

Allowable Uses of HAVA Funds Administered by EAC

★ Section 101 Funds - may be used to comply with the requirements of HAVA Title III for uniform and nondiscriminatory election technology and administration requirements; improve the administration of elections for federal office; 

educate voters; train election officials, poll workers and volunteers; develop a state plan; and toll-free voter information 

hotlines

★ Section 102 Funds - may be used only to replace punch card and lever voting systems that were in use during the November 

2000 general federal election

★ Section 251 Funds - may be used to implement provisional voting; provide information to voters on Election Day; procure 

voting systems; implement a statewide voter registration database; implement identification requirements for first-time 

voters who register to vote by mail; and other activities to improve the administration of elections for federal office
 annual report 

 2008

19

★ ★ ★ ★ ★ ★
La 

Acc ssi b iit yPr 
 annual report 

 2008

21

The EAC’s Language Accessibility Program 

was developed in accordance with HAVA’s 

instruction to study and promote methods 

of ensuring the accessibility of voting, registration, 

polling places and voting equipment to all voters. The

EAC is also responsible for examining the feasibility of 

providing voting materials in eight or more languages 

for voters who speak those languages and who have 

limited English proficiency. Materials issued by the

Language Accessibility Program are the result of collaboration among working groups comprised of election officials, advocacy groups and research and public 

policy organizations

In FY 2008, the EAC issued glossaries of election 

terms in five Asian languages to make voting more accessible to citizens with limited English proficiency. The

glossaries were published in Chinese, Japanese, Korean, 

Tagalog and Vietnamese—the most widely spoken 

Asian languages in the United States. The glossaries

were distributed to state and local election officials and 

nonprofit civic organizations to aid minority language 

voters in understanding how and where to vote. Also

available is the Glossary of Election Terms in Spanish

These glossaries were created to help minority 

L n g ua e  A cc ssi ili t y  

language citizens gain full and equal access to the 

polls, a right granted by the Voting Rights Act

According to the 2000 U.S. Census, 1.6 milli

citizens over age 18 speak an Asian or Pacific Island 

language at home and English less than “very well.

Each glossary includes translations of more than 

1,800 election terms dealing with all aspects of 

voting, from requesting an absentee ballot to casting a 

vote on Election Day

The EAC features content on its Web site in 

Spanish and five Asian languages, and has convened a 

meeting of Native Americans and Alaska Natives to 

discuss their needs for information to help facilitate 

elections. Electronic copies of the glossaries are available at www.eac.

In addition to the glossaries, the EAC issued 

A Voter’s Guide to Federal Elections in Spanish, 

Chinese, Japanese, Korean, Tagalog and Vietnamese

The Voter’s Guide includes ballot-casting basics, information on eligibility and early voting and polling place 

services that make voting more accessible. The guid

includes background information about the registration and voting process for members of the military 

and civilians living abroad
P O IDI G

M AN AG M NT ES O
 annual report 

 2008

23

 Issued Quick Start Guides on the following topics

•	 Absentee Voting and Vote by Mail

•	 Acceptance Testing

•	 Canvassing and Certifying an Election

•	 Conducting a Recount

•	 Contingency and Disaster Planning

•	 Managing Change in an Election Office

•	 Media and Public Relations

•	 Polling Places and Vote Centers

•	 Provisional Voting

•	 Serving Voters in Long Term Care Facilities

 Conducted six public meetings that were also webcast

that included workshops on ballot design, contingency 

planning and voter registration databases

The EAC’s Election Management Guidelines 

program was created to assist state and local election officials effectively manage and 

administer elections. These materials also complement

the VVSG’s technical standards for voting systems

During FY 2008, the EAC distributed management 

material about a variety of election administration issues to election officials throughout the nation

 Issued eight Election Management Guidelines chapters on the following subjects

•	 Acceptance Testing 

•	 Uniformed and Overseas Citizens 

•	 Pre-election and Parallel Testing

•	 Developing an Audit Trail 

•	 Contingency Planning and Change Management 

•	 Ballot Building 

•	 Absentee Voting and Vote by Mail 

•	 Polling Place and Vote Center Management 

P r o i i ng E lec t o Ma a g m e n t
A d a ncig 

Votin Syst 

Ce rt f i c ation P
 annual report 

 2008

25

The EAC worked with its advisory committees, 

NIST and public comment input to develop the 

first iteration of the VVSG, a set of specifications 

and requirements against which voting systems will be 

evaluated. The EAC completed the first iteration of the

VVSG in 2005. In addition, the EAC works with NIST

to accredit test laboratories. Based on the tests of equipment and software conducted by laboratories and recommendations from NIST, the EAC will certify, decertify, or

recertify voting systems. During FY 2008, EAC

 Hosted six public roundtable discussions about VVSG

improvements to introduce a high level of transparency and accountability in the update process. Election officials, voting advocates, usability and accessibility experts, voting system test laboratory representatives and voting system manufacturers participate

 Received approximately 3,200 comments about

the VVSG during a public comment period from 

November 6, 2007 to May 5, 2008. The EAC is

currently working with NIST to review the comments

 Issued the Voting System Test Laboratory Program

Manual. The Manual provides the procedural requirements of the EAC Laboratory Accreditation Progra

 Issued the Voting System Testing and Certification

Manual. The Manual contains comprehensive procedures

for the program

 Accredited two laboratories — Wyle Laboratories,

Inc. and CIBER for the EAC lab accreditation program

based on recommendations from NIST

 Added Unisyn to the list of registered voting system

manufacturers

 Added Unisyn’s OpenElection Voting System and updated

versions of two existing voting systems, the ES&S Unity 

3.0.1.0 and Unity3.0.1.1 w. ATS 1.3 and the 

Assure 1.2 to the list of systems applying for certificatio

 Posted the Premier Assure 1.2 voting system certification test repo

 Approved test plans for two voting machines:

Premier Solutions Assure 1.2 and MicroVote EMS

Voting System v.4

 Issued a contract to the University of Southern

Alabama for a voting system risk assessment

A d a n i n g he  Vo t n g Sy

Ce r ii a ti o n  P

 Posted the MicroVote EMS Voting System v.4.0 test p

Communication and Clarificati

Over the course of the last year the EAC has issued 

several responses to Requests for Interpretation (RFI), 

which provide a means for the EAC to clarify the 

meaning or scope of the standards to which the laboratories are testing. The EAC has issued ten RFIs this

year, and topics ranged from temperature and power 

variations, to safety testing and the ability of electronic 

voting machines to withstand electrical fast transient

In an effort to provide additional clarification, 

the EAC has put forth three Notices of Clarification 

(NOC), issued in response to written requests from 

manufacturers or test labs seeking clarification about 

a program requirement or policy. Topics ranged from

the validity of prior non-core hardware and EMC 

testing, to the proper use of the EAC mark of certification, to the EAC conformity assessment testing 

requirements. All NOCs and RFIs are available at

www.eac.g

History of Voting System Certificat

The establishment of the EAC’s Voting System Testing and Certification Program marks the first time 

the federal government has tested voting equipment

Previously, voting systems were tested by the National 

Association of State Election Directors (NASED), a 

nonpartisan, volunteer organization consisting of election directors. NASED began testing voting systems

against FEC standards in 1994. NASED did not receive

federal funds or support to administer this program

History of Voting System Standards and Guidel

Three iterations of federal voting system standards have 

been issued by the federal government. The first set of standards was created in 1990 by the Federal Election Commission (FEC.) The FEC updated the standards in 20

HAVA created the EAC and transferred the responsibility of developing voting system standards from 

the FEC to the EAC. HAVA also tasked the EAC with

establishing the federal government’s first voting 

system certification program

In 2005, the EAC issued the third iteration, called 

the VVSG, in accordance with HAVA. These guidelines

were developed by the TGDC and NIST
the national clearinghouse 



26

Nat i o a

C lea rn 
 annual report 

 2008

27

To meet the HAVA research and study mandates and to provide election administration materials in preparation for the 2008 election, 

16 percent of the budget was used to conduct and distribute the National Voter Registration Act Survey; the 

Uniformed and Overseas Citizens Voting Act Survey; 

the Free Absentee Ballot Return Postage Study; the Alternative Voting Methods Study; Poll Worker Best Practices; and the Effective Designs in Election Administration project. Clearinghouse funds were used to produce

and distribute the Election Management Guidelines and 

related Quick Start Management guides, which covered 

topics such as voting system certification and voting 

system security. The National Clearinghouse also funds

the Language Accessibility Program, which has produced glossaries of election terms and voter guides in 

six languages. Clearinghouse materials are available on

the EAC Web site at www.eac.g

Conducting Elections Resear

The EAC is responsible for conducting studies and 

collecting information about election administration 

issues and sharing that information with Congress, 

election officials and the public. In FY 2008, the EAC:

 Issued a report entitled The Uniformed Overseas Citizens

Absentee Voting Act (UOCAVA) Voters and the Electronic 

Transmission of Voting Materials in Four States. Section 245

of HAVA requires EAC to conduct a study of issues 

and challenges, specifically including the potential for 

election fraud, that are presented by the incorporation 

of communications and internet technologies in the 

federal, state and local electoral process

 Released three case studies describing the unique

experiences of states with transmitting ballots 

electronically, sending and accepting ballots electronically, and using internet voting

 Issued a report entitled Effective Designs for the Administration of Federal Elections. The report addresses th

design planning process, general best practices, implementation insights, limitations and more for the design 

of ballots and polling place materials. The report

also includes a digital library containing hundreds of 

camera-ready images of ballots and polling place mateT Na t nal Clea 

rials that can be easily and affordably customized and 

used by state and local election officials

 Issued the Alternative Voting Methods Study in accordance

with Section 241 (b) (10) of HAVA. The study examined the experiences of selected states and/or local

jurisdictions that provide voting options beyond the 

traditional precinct-based polling place through early 

voting, vote-by-mail and vote centers. The report also

addresses the feasibility and advisability of weekend 

voting and declaring Election Day holidays. It

concluded that not every method would be successful 

in all jurisdictions, and that associated costs would 

also be a factor. States and localities were advised

to evaluate their own processes before making any 

change in election administration procedures

 Issued the Free Absentee Ballot Return Postage Study,

required by Section 246 of HAVA, to assess the 

feasibility of establishing free and/or reduced cost 

postage for returning absentee ballots.

 Issued a report entitled Voter Hotlines. This stud

evaluates the effectiveness of hotlines that provide 

voting assistance

 Issued a report entitled First-Time Voters. Section 24

of HAVA requires the EAC to study and report on the 

impact of the law on first-time voters who register to 

vote by mail and cast their ballots in person. Through

case studies and voter focus groups, this research 

provides insight into the administrative difficulties 

imposed on election officials by this HAVA requirement and voters’ perceptions of its efficacy

 Developed the 2008 Election Day Survey instrument

and statutory overview, which included a 60-day 

public comment period

The 2006 Election Day Su

In FY 2008, the EAC adopted the 2006 Election Day Survey, 

the largest and most comprehensive survey on election administration ever conducted by a U.S. governmental organization. Survey data was provided by the states and it included 58 questions covering topics such as voter registratio

election results, provisional and absentee ballots, overvotes 

and undervotes, polling places and workers, voting equipment and disability access. Survey highlights included:
the national clearinghouse 



28

1) Loyola University .  .  .

2) Muhlenberg College, Lehigh County Voting 

Integrity & Civic Education Project, .  .  . 

3) Winona State University  .  .  

4) Golden Key International Honour Society .  .  . 

5) Washtenaw Community College .  .  . 

6) Northhampton County Area 

Community College .  .  . 

7) Texans Together Education Fund .  .  . 

8) The University of Baltimore .  .  . 

9) American University (AU) .  .  . 

10) Vassar College .  .  . 

11) Middlesex Community College .  .  .

12) The Virginia21 Organization .  .  .

13) Suffolk University  .  .  .

14) The University of Missouri, Columbia .  .  .

15) The Citizen Union Foundation .  .  .

16) St. Louis Community College  .  .  

17) Henry Ford Community College (HFCC)  .  . $

18) The University of Texas at El Paso .  .  .

19) Auburn University Montgomery .  .  . 

20) McDaniel College  .  .  .

21) The Onondaga Community College  .  .  

22) Youngstown State University .  .  . 

23) The Northern Kentucky University 

Research Foundation .  .  .

24) Northern Plains Tribal Voter 

Education Project  .  .  

25) The New York Public Interest Research 

Group (NYPIRG)  .  .  

26) Greensboro College (North Carolina) .  .  .

27) The Southern Connecticut State University   . $28

 Nearly 173 million persons were registered to

vote for the 2006 elections—an increase of nearly 

12.1 million since the 2002 midterm electio

 The number of registered voters declined since

the 2004 Presidential election from nearly 176.2

million to 172.8 millio

 76.6 percent of the Voting Age Population (VAP

was registered and 83.8 percent of the Citizen

Voting Age Population (CVAP) was registered

 More than 82 million ballots were cast or counted

in the 2006 election

 One percent of those participating cast a provisional

ballot (slightly more than 794,000 individuals)

The study also reports that the number of provisional 

ballots for 2006 was less than half of the levels reported 

for the 2004 election. However, a significantly larger

share of the provisional ballots was counted. Only 64.

percent of provisional ballots were counted in the 2004 

election, compared to the 79.5 percent in the 2006

election. Nearly 30 percent of the jurisdictions across

the country reported using multiple voting systems 

and the 2006 data show a dramatic rise in the number 

of jurisdictions using electronic systems. EAC’s 2004

study reported that just 9.3 percent of the jurisdictions reported using electronic voting equipment, but

this increased to 53.6 percent two years later. The EA

survey found that 87.7 percent of the polling places

allowed access for voters with disabilities, and 84.5

percent allowed these voters to cast a private ballot

Improving Data Collection  A Pilot Gr

Program

The Omnibus Appropriations Act for fiscal year 2008 

[Public Law 110-161] authorized the EAC to administer a competitive pilot grant program about collecting precinct-level data. The Election Data Collection

Grant Program provided $2 million each to five states 

to collect data related to the November 2008 general 

election. The program was designed to

 Develop and document a series of administrative and procedural best practices in election data

collection that can be replicated by other states

 Improve data collection processe

Help America Vote College Progr

Grant Recipien

 Enhance the capacity of states and their jurisdictions

to collect accurate and complete election data

 Document and describe particular administrative

and management data collection practices, as well as 

particular data collection policies and procedures

The winning grant recipients were Pennsylvania, 

Minnesota, Ohio, Illinois and Wisconsin, and they are 

required to submit data they collect to the EAC by 

March 2009. In turn, the EAC is required to evaluate

the grant program’s overall success and provide to 

Congress recommendations for changes to federal laws 

and regulations to improve the collection of data
 annual report 

 2008

Ten states applied for the grants, and winners were 29

selected through an independent review process after a 

60-day public comment period

Recruiting the Next Generation of Poll Worke

Poll workers are critical to running smooth elections—

they set up and take down polling place materials and 

equipment, check voters’ registration and demonstrate 

how to use voting systems. Through the Help America Vote

College Program, the EAC distributes funds appropriated 

by Congress to increase the pool of qualified poll workers

In FY 2008, the EAC awarded $750,000 to 27 

colleges and nonprofit organizations from 18 states to 

recruit students to serve as poll workers during the 

November presidential election. The EAC estimates

roughly 8,800 college students became poll workers 

as a result of the grants

In addition to administering the Help America Vote 

College Program, the EAC also issued the Guidebook to 

Recruiting College Poll Workers and provided information about 

poll worker requirements by state

Grant winners were selected through an independent review process that examined each applicant’s 

level of experience and their management and conceptual approaches for meeting program goals

Help America Vote Mock Election Prog

The Mock Election Program is designed to get younger students interested in voting and the election process 

by enabling them to participate in a simulated election 

with voting equipment, ballots and poll workers

In FY 2008, the EAC awarded 10 organizations 

from nine states an average of $20,000 to organizations that educate secondary school students and their 

parents about the electoral process through staged 

national elections

Voting System Reports Clearingh

Public interest in voting systems continues to rise, 

and the EAC receives many requests for information 

and reports generated about voting systems that were 

tested by NASED. As part of the EAC’s clearinghouse

responsibilities under Section 202 of HAVA, the Commission explored how best to gather and provide this 

information in recognition of the need to provide historical data in a central location to both the public and 

election officials. The Commission adopted a policy

(1) The League of Women Voters of Trumbull 

County, Ohio .  .  .

2) The Oregon League of Women Voters .  .  .

3) The Illinois League of Women Voters  .  .  

4) The State of Montana Secretary of State .  .  .

5) The National Student Parent Mock Election .  .  $

6) The State of Texas, Secretary of State .  .  .

7) The Townsend Harris High School and 

the Taft Institute for Government   .  . 

8) The Bernalillo County, New Mexico, 

Clerk’s Office .  .  .

9) The Office of the Secretary of State 

of the Commonwealth of Kentucky .  .  .

10) The United States Hispanic 

Leadership Institute   .  .  

Mock Election Program Gran

Recipient

authorizing EAC staff to post and distribute reports 

about voting systems generated or commissioned by 

state and/or local election officials

In FY 2008, the New York State Board of Elections 

submitted 15 documents about voting system usage, 

testing and other information related to process and 

procedures. Ohio Secretary of State Jennifer Brunner

submitted The Evaluation & Validation of ElectionRelated Equipment, Standards & Testing (EVEREST) 

report, a review of Ohio’s voting systems

The EAC continues to encourage election officials 

throughout the country to voluntarily submit information to the Voting System Reports Clearinghouse. A

2007 Board of Advisors resolution also urges election 

officials to submit this information to the EAC

To be considered for posting on the EAC Web site, 

a state or local government must submit the report to 

the EAC chair or executive director and certify that 

the report reflects their experience operating voting 

systems or implementing EAC’s voluntary voting 

systems guidelines. The Voting System Reports Clearinghouse and the policy are available at www.eac.

A Voter’s Guide to Federal Elect

In FY 2008, the EAC issued a Voter’s Guide to Federal 

Elections, a publication designed to provide voters with 

the information they need to successfully participate in 

federal elections, from the essentials of ballot casting 

such as voter registration to details on resources available 

to help voters who live overseas or serve in the military
looking ahead to 2009 



30

L ookin  

to 2009
 annual report 

 2008

31

To meet the challenge of supporting the states and local governments in implementing HAVA reforms, 

in FY 2008 the EAC developed a strategic plan providing the framework for how the Commission will 

use its resources effectively. The plan lays out an approach to create a receptive and productive agency

fully capable of the unique leadership role it has been given as a national clearinghouse, a manager of federal 

financial assistance, a certifier of voting systems, and a resource for election officials throughout the country 

regarding the administration of federal elections

In fiscal year 2009, the EAC will embark upon incorporating its new expertise in the areas of budgeting and financial 

management as well as implementing the following strategic plan goals:

Goal One: Communic

Communicate timely and accurate information on the effective administration of elections for federal office and 

on the operations and services offered EAC by operating the EAC clearinghouse effectively; responding to outside requests timely and accurately; and conveying results of EAC operations and accomplishments

Goal Two: Deliver and Manage Federal Funds Effecti

EAC staff will accurately and timely disburse federal financial assistance administered by EAC; effectively monitor federal financial assistance administered by the EAC; and provide technical assistance and guidance on the 

management of federal financial assistance administered by EAC to reduce the risk of inappropriate use of funds 

and accounting errors

Goal Three: Study, Guide, and As

Complete research on issues that improve the administration of elections for federal office and expeditiously 

report on critical administration subjects and election data; identify and collect required and useful data on election administration practices, voting methods and demographics. Make recommendations for improving the quality of practices, methods, and data; issue guides, translations and other tools that are timely and useful; update

and maintain a national mail voter registration application and report to the Congress as required by NVRA

GOAL 4: Test and Ce

Develop and update the voluntary voting system guidelines; provide for the accreditation and revocation of accreditation of independent laboratories qualified to test voting systems to federal standards; administer the 

testing, certification, decertification, and recertification of voting system hardware and software by accredited 

laboratories

GOAL 5: Man

Implement a high performance organization. The EAC will also provide further information about how, where

and when Americans voted in 2008 with the release of both the 2008 Election Day Survey and the results from the 

grant programs that will produce data from the precinct level. The EAC believes these data will be play a pivotal

role as election officials and the public examine future election administration initiatives, and the EAC looks forward to leading the discussion

L o o k n g Ahea d t o 
appendix 



32

A pe n
 annual report 

 2008

33

Rosemary E. Rodriguez, Ch

Rosemary E. Rodriguez was nominated to EAC by President Bush and confirmed by the U

Senate on February 15, 2007. She was reappointed to a second term on October 2, 2008. 

Rodriguez was elected chair of the EAC for 2008 after serving as vice chair in 2007. Her term

of service extends through December 12, 2011

Ms. Rodriguez comes to EAC after three years on the Denver, Colorado City Council, where she

served as its president from 2005 to 2006. She was director of Boards and Commissions for the mayor’s

office from 2002 to 2003 and a clerk and recorder for the City and County of Denver from 1997 to 2002

In 1997 she was acting director of the Denver Election Commission where she supervised city elections

She has been active in numerous grass roots civic and voter advocacy organizations, including 

the Colorado Voter Initiative where she co-chaired a statewide initiative to allow Election Day 

voter registration. She was also a co-founder of the Latina Initiative, a voter registration project to

register Latino voters and provide non-partisan election information to the Latino community

Donetta Davidson, Vice-Cha

Donetta L. Davidson was nominated by President George W. Bush and confirmed by unanimous consent of the United States Senate on July 28, 2005 to serve on the U.S. Election Assistance Commission (EAC). She was reappointed to a second term on October 2, 2008. Ms. Davidson served as

of the EAC in 2007 and was elected vice chair in 2008. Her term of service extends through December 12, 2011. Ms. Davidson, formerly Colorado’s secretary of state, comes to EAC with experien

in almost every area of election administration - everything from county clerk to secretary of state

Ms. Davidson began her career in election administration when she was elected in 1978 as the

Bent County clerk and recorder in Las Animas, Colorado, a position she held until 1986. Later

that year, she was appointed director of elections for the Colorado Department of State, where 

she supervised county clerks in all election matters and assisted with recall issues for municipal, 

special district and school district elections

In 1994, she was elected Arapahoe County clerk and recorder and reelected to a second term 

in 1998. The next year, Colorado Governor Bill Owens appointed Davidson as the Colorado secretary of state, and she was elected to in 2000 and reelected in 2002 for a four year ter

She has served on the Federal Election Commission Advisory Panel and the board of directors 

of the Help America Vote Foundation. In 2005, Ms. Davidson was elected president of the Nationa

Association of Secretaries of State, and she is the former president of the National Association of 

State Elections Directors (NASED). Prior to her EAC appointment, Ms. Davidson served on EAC’

Technical Guidelines Development Committee (TGDC)

In 2005, Government Technology magazine named Ms. Davidson one of its “Top 25: Dreamers,

Doers, and Drivers” in recognition of her innovative approach to improve government services

She was also the 1993 recipient of the Henry Toll Fellowship of Council of State Governments

Ms. Davidson has devoted much of her professional life to election administration, but her first

love is her family. Ms. Davidson was born into a military family in Liberal, Kansas and becam

a Coloradoan shortly thereafter when her family moved first to Two Buttes then to Las Animas 

where they settled. Whenever possible Ms. Davidson spends time with her family, son Todd

daughter, and son-in-law Trudie and Todd Berich and granddaughters Brittany and Nicole

C o m missio es ’  B
appendix 



34 Gracia Hillman, Commissione

Gracia M. Hillman was nominated by President George W. Bush and confirmed by unanimou

consent of the U.S. Senate on December 9, 2003, to serve an initial two-year term on the 

Election Assistance Commission (EAC). She was reappointed to a second term on October 2,

2008. Ms. Hillman served as Chair of the EAC in 2005, after serving as the Agency’s first Vic

Chair in 2004. Her term of service extends through December 12, 200

A Massachusetts native who first entered community service in 1970, Ms. Hillman has effectively handled both domestic and international issues throughout her career. Her areas of expertis

include nonprofit management, public policy and program development, and the interests and 

rights of women and minorities, including voting rights. She has traveled extensively throughout

the United States, meeting with national and local groups and businesses. Through her international work, Ms. Hillman has traveled in Africa, Asia, the Caribbean, and Europe. She conduct

nonpartisan political training in Haiti and Kenya, and participated in United Nations sponsored 

conferences in Vienna, Beijing, and New York City

Prior to her appointment with EAC, Ms. Hillman served as president and chief executive

officer of WorldSpace Foundation, a nonprofit organization that uses digital satellite technology 

to deliver educational programming to Africa and Asia. She also served as the U.S. Department 

State’s first senior coordinator for International Women’s Issues, developing agency-wide strategies 

to ensure U.S. foreign policy promoted and protected women’s righ

Her work experience includes having served as executive director of the League of Women 

Voters of the United States, the Congressional Black Caucus Foundation and the National Coalition on Black Voter Participation. She also held positions as executive consultant to the Council on

Foundations, and coordinator of the Voter Law Policy Project for the Joint Center for Political and 

Economic Studies

Throughout the 1980s, Ms. Hillman championed nonpartisan and bipartisan efforts to ensure

open access to the voting process for all citizens and the continued voting rights of minority 

Americans, including work on the historic 25-year extension of the National Voting Rights 

Act. Her political experience includes paid and volunteer positions on numerous campaigns,

including a role as senior advisor on Congressional and Constituent Relations for the 1988 

Dukakis for President Campaign

Ms. Hillman has one son and currently resides in Washington, D
 annual report 

 2008

Gineen Bresso Beach, Commissioner

Gineen Bresso Beach was nominated by President George W. Bush and confirmed by the United

States Senate on October 2, 2008 to serve on the U.S. Election Assistance Commission (EA

Her term of service extends through December 12, 2009

Prior to her appointment with EAC, Commissioner Beach was the minority elections counsel 

for the Committee on House Administration.  She previously served as a policy advisor to forme

Maryland Governor Robert L. Ehrlich, Jr. where her primary area of focus was on electio

law.  She also served as an attorney-advisor for the U.S. Patent and Trademark Office, where 

reviewed and prosecuted applications for federal trademark registration.  She also served as a judicial law clerk for the Honorable Arrie W. Davis, in the Maryland Court of Special Appe

Ms. Beach received her Juris Doctor from Western New England College School of Law (1999)

where she was a member of the Law Review.  In 1995, she received a Bachelor of Arts in politica

science from the University of Massachusetts at Amherst
appendix 



36

Tom Wilke

Tom Wilkey thought he had successfully retired when he stepped down as the executive director of the New York State Board of Elections in 2003. After all, he had observed his 34th year

in election administration, working on everything from developing voting system standards to 

working to craft the most sweeping election reform in our Nation’s history

Mr. Wilkey was the perfect candidate to become the first permanent executive director of

the U.S. Election Assistance Commission (EAC), the new federal entity created by the law h

helped craft, the Help America Vote Act (HAVA) of 2002

Mr. Wilkey joined the Erie County Board of Elections (Buffalo, NY) in November 1968

as an elections clerk. He subsequently rose to the position of senior election deputy prior to

joining the New York State Board of Elections in 1979 as public information officer

In 1985, he was promoted to the newly created position of director of election operations, 

which was formed to administer oversight of New York’s 57 county boards. His responsibilities soon grew to include the creation and supervision of New York’s voting systems certification program. Mr. Wilkey was appointed the second executive director of the New York Sta

Board of Elections in June of 1992, a position he held until August 2003

Mr. Wilkey was associated with the Federal Election Commission (FEC) for many year

In 1983, he served on the Voting Systems Standards Committee, which drafted and reviewed 

the FEC’s Voting System Standards, a voluntary testing, qualification, and certification process 

used for all voting systems in the United States. In 1992, Mr. Wilkey was appointed to th

FEC’s Advisory Panel, which consisted of 20 state, county, and local election administrators

It advised the FEC on clearinghouse projects and allocation of funds for election administration projects

An early proponent of the creation of the National Association of State Election Directors (NASED), Mr. Wilkey has served as its secretary, treasurer, and vice president and was

elected president for 1996–97. In January 1997, Mr. Wilkey was named chair of NASED’

Independent Test Authority Accreditation Board, which approved laboratories and technical 

groups for the testing of voting systems under NASED’s national accreditation program. He

was reappointed as chair in February 2000

Following the 2000 General Election, Mr. Wilkey was named to several national commissions to study election reform, including those representing the National Association of

Secretaries of State, National Association of Counties, Council of State Governments, and 

the Election Center. Beginning in May 2001, Mr. Wilkey was asked by the FEC to help draf

revised Federal Voting System Standards, due for completion in April 2002. In addition, M

Wilkey was actively involved with the development of the Help America Vote Act of 2002, 

which Congress passed and the President signed into law in October 2002

E x c u te i r e c tr ’ s 
 annual report 

 2008

37 2008 ★ EAC Board of Advisors List

Appointed by First Name Last Name Title City

National Conference of State Legislatures Thomas Upton Reynolds Mississippi State Representative Charleston MS 

National Conference of State Legislatures Sue Landske Senator – Asst. Pres. ProTem 

Indiana State Senate Cedar Lake IN

National Governors Association Chris Nelson Secretary of State Pierre SD

National Governors Association Mary E. Herrera Secretary of State Albuquerque NM

National Association of Secretaries of State Todd Rokita Secretary of State Indianapolis IN

National Association of Secretaries of State Pedro A. Cortès Secretary of the Commonwealth Harrisburg PA

National Association of State Election 

Directors Christopher Thomas Director of Elections, State of Michigan Lansing MI

National Association of State Election 

Directors Linda H. Lamone Administrator of Elections Annapolis MD

National Association of Counties Wendy Noren Boone County Clerk Columbia MO

National Association of Counties Helen Purcell Maricopa County Recorder Phoenix AZ

National Association of County 

Recorders, Election Officials and Clerks Neal Kelley Registrar of Voters, Orange County Santa Ana CA

National Association of County 

Recorders, Election Officials and Clerks David Orr Cook County Clerk Chicago IL

U.S. Commission on Civil Rights Abigail Thernstrom Vice Chair, U.S. Commission on 

Civil Rights Lexington MA

U.S. Commission on Civil Rights Arlan D. Melendez Commissioner, U.S. Commission 

on Civil Rights Reno NV

Election Center Doug Lewis Executive Director, Election 

Center Houston TX

Election Center Ernie Hawkins Former Registrar of Voters, 

Sacramento County Elk Grove CA

United States Conference of Mayors Frank Ortis Mayor, City of Pembroke Pines Pembroke 

Pines FL

United States Conference of Mayors Rhine L. McLin Mayor, City of Dayton Dayton OH

International Association of Clerks, 

Recorders, Election Officials, and Treasurers Elizabeth Ensley Election Commissioner, Shawnee County, Kansas Topeka KS

International Association of Clerks, 

Recorders, Election Officials, and Treasurers Bill Cowles Orange County, FL Supervisor of Elections Orlando FL

Architectural and Transportation 

Barriers Compliance Board Ron Gardner National Federation of the Blind of Utah Bountiful UT

Architectural and Transportation 

Barriers Compliance Board Neil Melick

CBO Director, Construction 

Services Department of the City 

of West Palm Beach, FL

West Palm 

Beach FL

Chief, Public Integrity Section, Criminal 

Division, U.S. Department of Justice Craig Donsanto Director, Election Crimes Branch, U.S. Department of Justice Washington DC
appendix 



38

Appointed by First Name Last Name Title City

Chief, Voting Section, Civil Rights 

Division, U.S. Department of Justice Butch Bowers U.S. Department of Justice, Voting Section, Civil Rights Division Washington DC

Director, Federal Voting Assistance 

Program, U.S. Department of Defense Polli Brunelli

Director, Federal Voting 

Assistance Program, U.S. 

Department of Defense

Washington DC

House Speaker Barbara Arnwine Executive Director, Lawyers 

Committee for Civil Rights Under Law Washington DC

House Minority Leader Tom Fuentes Senior Fellow, The Claremont 

Institute Lake Forest CA

Senate Majority Leader Dr. Barbara Simons Researcher Palo Alto CA 

Senate Minority Leader Vacant

House Administration—Chair Joseph F. Crangle Attorney, Colucci & Gallaher, P.C. Buffalo NY

House Administration—Chair Donald A. Jones Advocate Willingboro NJ

House Administration—Ranking 

Minority Member Terri Hegarty City Clerk, City of Grand Rapids Grand Rapids MI

House Administration—Ranking 

Minority Member Keith Cunningham Director, Allen County Board of Elections Lima OH

Senate Rules and Administration—Chair James C. Dickson

V.P. for Governmental Affairs, 

American Association of People 

With Disabilities

Washington DC

Senate Rules and Administration—Chair Robin Carnahan Secretary of State Jefferson City MO

Senate Rules and Administration—

Ranking Minority Member Vacant

Senate Rules and Administration—

Ranking Minority Member Vacant

2008 ★ EAC Board of Advisors List (Cont.)

The following former members of theEAC Board of Advisors served in fiscal year

South Dakota State Representative Michael Buckingham; Harris County, Texas Cler k Bever ly Kaufman; Business Attorney Wes Kliner ; Vermont Secretar y of State Deb Mar kowitz; Architectural and Transpor tation Barrier s Compliance Board Member Trish Mason; George Washington Univer sity 

Law School Professor Spencer Over ton; Architectural and Transpor tation Barrier s Compliance Board Member Philip Pearce; New Mexico State 

Representative Edward Sandoval; City of Ridgeland, Mississippi Municipal Election Commissioner Sue Sautermeister ; IACREOT Executive Director 

Tony Sir vello; U.S. Commission on Civil Rights Commissioner Ashley Taylor ; Lauderdale County, Mississippi Election Commissioner Ann Watts.
 annual report 

 2008

39 2008 ★ EAC Standards Board List

State Designee First Last Title City 

Alabama State Beth Chapman Secretary of State Montgomery AL

Alabama Local George M. Ingram Judge of Probate, Clay County Ashland AL

Alaska State Gail Fenumiai Director, Division of Elections Juneau AK

Alaska Local Shelly Growden Election Supervisor Region III, Division 

of Elections Fairbanks AK

American Samoa State Soliai T. Fuimaono Chief Election Officer Pago Pago AS

American Samoa Local Taufete’e John Faumuina HAVA Manager Pago Pago AS

Arizona State Kevin Tyne Deputy Secretary of State Phoenix AZ

Arizona Local Reynaldo Valenzuela

Assistant Director of Elections, 

Maricopa County Elections 

Department

Phoenix AZ

Arkansas State Janet Harris Deputy Secretary of State Little Rock AR

Arkansas Local Mary Lou Slinkard Benton County Clerk Bentonville AR

California State Lowell Finley Deputy Secretary of State Sacramento CA

California Local Stephen Weir Contra Costa County Clerk Martinez CA

Colorado State VACANT VACANT VACANT CO

Colorado Local Russ Ragsdale City Clerk and Recorder, City and 

County of Broomfield Broomfield CO

Connecticut State Michael Kozik Managing Attorney Hartford CT

Connecticut Local Anthony Esposito Hamden Republican Registrar of 

Voters Hamden CT

Delaware State Elaine Manlove Commissioner of Elections Dover DE

Delaware Local Howard G. Sholl, Jr. Deputy Administrative Director Wilmington DE

District of 

Columbia State VACANT DC

District of 

Columbia Local Jonda McFarlane Board Member Washington DC

Florida State VACANT FL

Florida Local Brenda Snipes Supervior of Elections, Broward 

County Ft. Lauderdale FL

Georgia State Karen Handel Secetary of State Atlanta GA

Georgia Local Lynn Bailey Executive Director Augusta GA

Guam State Gerald A. Taitano Executive Director Hagatna GU

Guam Local VACANT GU

Hawaii State Scott Nago Section Head, Counting Center 

Operations Honolulu HI

Hawaii Local Glen Takahashi Election Administrator Honolulu HI
appendix 



40 2008 ★ EAC Standards Board List (Cont.)

State Designee First Last Title City 

Idaho State Timothy A. Hurst Chief Deputy Boise ID

Idaho Local Dan English Kootenai County Clerk Coeur d’Alene ID

Illinois State Daniel W. White Executive Director Springfield IL

Illinois Local Richard Cowen Chicago Board of Election 

Commissioners Chicago IL

Indiana State Brad King Co-Director, Indiana Election Division Indianapolis IN

Indiana Local Ann Jochim Spencer Circuit Court Clerk Rockport IN

Iowa State VACANT IA

Iowa Local Janine Sulzner Jones County Auditor Anamosa IA

Kansas State Ron Thornburgh Kansas Secretary of State Topeka KS

Kansas Local Donald Merriman Saline County Clerk Saline KS

Kentucky State Sarah Ball Johnson Executive Director Frankfort KY

Kentucky Local Don Blevins Fayette County Clerk Lexington KY

Louisiana State Jay Dardenne Secretary of State Baton Rouge LA

Louisiana Local Louie Bernard Clerk of Court Natchitoches LA

Maine State Julie L. Flynn Deputy Secretary of State Augusta ME

Maine Local VACANT ME

Maryland State Nikki Baines Trella Election Reform Director Annapolis MD

Maryland Local VACANT MD

Massachusetts State William F. Gavin Secretary of the Commonwealth Boston MA

Massachusetts Local William Campbell Woburn City Clerk Woburn MA

Michigan State Susan McRill Administrative Manager Lansing MI

Michigan Local Tonni Bartholomew Troy City Clerk Troy MI

Minnesota State Gary Poser Director of Elections St. Paul MN

Minnesota Local Sharon K. Anderson Cass County Auditor-Treasurer Walker MN

Mississippi State Linda Rigsby Assistant Secretary of State Jackson MS

Mississippi Local Marilyn Avery Election Commissioner, Hinds County Jackson MS

Missouri State Leslye Winslow Senior Counsel to Secretary of State Jefferson City MO

Missouri Local Richard T. Struckhoff Greene County Clerk Springfield MO

Montana State Janice Doggett Chief Legal Counsel/Asst. Chief 

Deputy Helena MT 

Montana Local Vickie Zeier Missoula County Clerk and Recorder/

Treasurer Missoula MT 
 annual report 

 2008

2008 ★ EAC Standards Board List (Cont.) 41

State Designee First Last Title City 

Nebraska State John Gale Secretary of State Lincoln NE

Nebraska Local David Dowling Cedar County Clerk & Election 

Commissioner Hartington NE

Nevada State Ross Miller Nevada Secretary of State Carson City NV

Nevada Local Harvard L. Lomax Clark County Registrar of Voters North Las Vegas NV

New Hampshire State Anthony Stevens Assistant Secretary of State Concord NH

New Hampshire Local Carol Johnson Deputy City Clerk Manchester NH

New Jersey State VACANT NJ

New Jersey Local VACANT NJ

New Mexico State Mary Herrera Secretary of State Santa Fe NM

New Mexico Local VACANT NM

New York State VACANT NY

New York Local Edward J. Szczesniak Onondaga County Commission of 

Elections Syracuse NY

North Carolina State Johnnie F. McLean Deputy Director Raleigh NC

North Carolina Local Deborah J. Bedford Rutherford County Director of 

Elections Rutherfordton NC

North Dakota State I. James Silrum Deputy Secretary of State Bismarck ND

North Dakota Local Michael M. Montplaisir Cass County Auditor Fargo ND

Ohio State Jennifer Brunner Ohio Secretary of State Columbus OH

Ohio Local Dale Fellows Member, Lake County Board of 

Elections Willoughby Hills OH

Oklahoma State VACANT OK

Oklahoma Local VACANT OK

Oregon State John Lindback Director, State of Oregon Elections 

Division Salem OR

Oregon Local Dana Jenkins Lincoln County Clerk Newport OR

Pennsylvania State Pedro A. Cortés Secretary of the Commonwealth Harrisburg PA

Pennsylvania Local Regis Young Butler County Election Director Butler PA

Puerto Rico State Nestor J. Colón 

Berlingeri

First Vice President, State Elections 

Commission San Juan PR

Puerto Rico Local Maria D. Santiago 

Rodriguez

Second Vice President, State Elections 

Commission San Juan PR

Rhode Island State Jan Ruggiero Director of Elections Providence RI

Rhode Island Local Marian Clarke Chair, Town of Jamestown Board of 

Canvassers Jamestown RI
appendix 



42 2008 ★ EAC Standards Board List (Cont.)

The following former members of theEAC Standards Board served in fiscal year

New Jer sey - Atlantic County Superintendent of Elections Joanne Armbr uster ; Alaska - Division of Elections Director Whitney Brewster ; Colorado 

- Voting Systems Specialist John Gardner ; New Yor k - Executive Director John Hagger ty Jr.; Maine - Bidderford City Cler k Clairma Matherne; DC 

- Former District of Columbia Director of Elections Alice Miller ; Oregon – Lane County Chief Deputy County Cler k Annette Newingham; Former 

Iowa Director of Elections Sandy Steinbach; Wisconsin General Accountability Board Director and General Counsel Kevin Kennedy

State Designee First Last Title City 

South Carolina State Marci Andino Executive Director, State Election 

Commission Columbia SC

South Carolina Local Marilyn Bowers Executive Director, Charleston County 

Board of Elections Charleston SC

South Dakota State Kea Warne State Election Supervisor Pierre SD

South Dakota Local Sue Roust Minnehaha County Auditor Sioux Falls SD

Tennessee State Brook Thompson State Coordinator of Elections Nashville TN

Tennessee Local Joe Enoch Dyer County Election Commissioner Dyersburg TN

Texas State Ann McGeehan Director of Elections Austin TX

Texas Local Dana DeBeauvoir Travis County Clerk Austin TX

Utah State Michael Cragun Director of Elections Salt Lake City UT

Utah Local Robert Pero Carbon County Clerk Price UT

Vermont State Kathleen DeWolfe Director of Elections Montpelier VT

Vermont Local Annette L. Cappy Town Clerk - Town of Brattleboro Brattleboro VT

Virgin Islands State Corinne Halyard 

Plaskett Deputy Supervisor of Elections Kingshill St. Croix VI

Virgin Islands Local Natalie Thomas Deputy Supervisor, Virgin Islands 

Elections System Charlotte Amalie VI

Virginia State Nancy Rodrigues Secretary of State Richmond VA 

Virginia Local Allen Harrison, Jr. Chair, Arlington County Electoral 

Board Arlington VA 

Washington State Shane Hamlin Asst. Director of Elections Olympia WA

Washington Local Pat McCarthy Pierce County Auditor Tacoma WA

West Virginia State Susan Silverman Special Assistant - Elections Division Charleston WV

West Virginia Local Gary W. Williams Boone County Clerk Madison WV

Wisconsin State Ross Hein Elections Specialist Madison WI

Wisconsin Local Sandra L. Wesolowski Director of Clerk Services, Franklin City Franklin WI

Wyoming State Peggy Nighswonger State Elections Director Cheyenne WY

Wyoming Local Julie Freese Fremont County Clerk Lander WY
 annual report 

 2008

43 2008 ★ Technical Guidelines Development Committee List

Appointed by First Last Title City S

Director of NIST Patrick D. Gallagher Committee Chair, Deputy Director of the 

National Institute of Standards and Technology Gaithersburg MD

Standards Board Vacant

Standards Board Vacant

Board of Advisors Linda Lamone Maryland Administrator of Elections Annapolis MD

Board of Advisors Helen Purcell Maricopa County, Arizona Recorder Phoenix AZ

Access Board Ron Gardner National Federation of the Blind of Utah Bountiful UT

Access Board Neil Melick CBO Director, Construction Services 

Department of the City of West Palm Beach, FL West Palm Beach FL

ANSI Dr. David Wagner Professor, University of California-Berkeley Berkeley CA

IEEE Cem Kaner Professor of Software Engineering, Florida 

Institute of Technology Palm Bay FL

NASED Dr. Britain Williams Retired Professor - Kennesaw State - 

University of Georgia Tucker GA

NASED Paul Miller Voting Systems Manager, Washington State Olympia WA

Other Tech/Sci Dr. Ronald L. Rivest Professor, MIT, Dept. of Electrical Engineering 

and Computer Science Cambridge MA

Other Tech/Sci Dr. Daniel Schutzer Executive Director, Financial Services 

Technology Consortium New York NY

Other Tech/Sci Patrick Gannon President and CEO, OASIS Billerica MA

Other Tech/Sci Whitney Quesenbery President, Usability Professionals Association High Bridge NJ

The following former members of theEAC Technical Guidelines Development Committee served in fiscal ye

NIST Director James M. Turner ; Nebraska Secretar y of State John Gale; Access Board member Tricia Mason; former District of Columbia 

Director of Elections Alice Miller ; Access Board member Philip G. Pearce.

Access Board = Architectural and Transpor tation Barrier Compliance Board

ANSI = American National Standards Institute.

IEEE = Institute of Electrical and Electronics Engineers.

MIT = Massachusetts Institute of Technology.

NASED = National Association of State Election Directors.
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U.S. ELECTION ASSISTANCE COMMISSION

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