THE U.S. ELECTION ASSISTANCE COMMISSION

State Requirements and the U.S. Election 

Assistance Commission Voting System Testing 

and Certification Program

August 3, 2023 
2 

Category Descriptions for State Voting System Certification Processes:

1) Baseline HAVA Requirements: State statutes and/or regulations do not explicitly state

that voting systems must be tested to federal standards or be certified by a federal agency

or federally accredited laboratory. However, voting systems must, at a minimum, meet

standards for voting equipment set forth by the 2002 Help America Vote Act (HAVA).

2) Requires Testing to Federal Standards: State statutes and/or regulations require that

voting systems are tested to federal voting system standards. They may include

references to federal standards drafted by administrative bodies such as the Federal

Election Commission (FEC), which formerly set federal voting standards, but HAVA

transferred this authority to the EAC, the only government agency which formally adopts

federal standards for voting systems.

3) Requires Testing by a Federally Accredited Laboratory: State statutes and/or

regulations require that voting systems are tested by a federally or nationally accredited

laboratory to federal standards. Older statutes may refer to Independent Testing

Authorities (ITAs), but such test labs are now known as Voting System Test Laboratories

(VSTLs) under the EAC’s testing and certification program.

4) Requires Federal Certification: State statutes and/or regulations require that voting

systems are certified by the appropriate federal agency responsible for testing and

certification of compliance with federal voting system guidelines. Post-HAVA, the EAC

is the only federal agency with this authority to test and certify voting systems, but older,

unrevised statutes may not specify this.

***Some states may fall into multiple categories as a result of flexible statutory language that 

allows for one or more pathways to voting system certification.
3 

Categories of State, Territory, and District of Colombia Participation in Federal Voting System

Standards: 

1. Baseline HAVA

Requirements

2. Requires

Testing to Federal 

Standards

3. Requires

Testing by a

Federally 

Accredited 

Laboratory

4. Requires

Federal

Certification

Alabama X X

Alaska X

American Samoa X

Arizona X

Arkansas X X

California X

Colorado X

Connecticut X

Delaware X

District of 

Columbia

X X

Florida X

Georgia X

Guam X

Hawaii X

Idaho X X

Illinois X X

Indiana X X

Iowa X X

Kansas X

Kentucky X

Louisiana X

Maine X

Maryland X X

Massachusetts X X

Michigan X

Minnesota X X

Mississippi X

Missouri X X

Montana X

Nebraska X

Nevada X X

New Hampshire X

New Jersey X

New Mexico X

New York X

North Carolina X X
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1. Baseline HAVA 

Requirements

2. Requires 

Testing to Federal 

Standards

3. Requires 

Testing by a 

Federally 

Accredited 

Laboratory

4. Requires 

Federal 

Certification

North Dakota X

Ohio X

Oklahoma X

Oregon X X

Pennsylvania X

Puerto Rico X

Rhode Island X X

South Carolina X X

South Dakota X

Tennessee X

Texas X

Utah X X

Vermont X

Virginia X

Washington X

West Virginia X

Wisconsin X X

Wyoming X
5

ALABAMA

State Participation: Requires testing to federal standards/Requires testing by a federally 

accredited laboratory. Alabama requires that its voting systems are 

tested and certified by an authorized ITA (independent testing authority), 

meeting the performance and test standards issued by the FEC. 

Applicable Statute(s): “The vote counting system shall be certified after a satisfactory 

evaluation and testing has been performed to determine that the 

equipment meets the requirements of this article and performance and 

test standards for electronic voting systems issued by the Federal 

Election Commission.” Ala. Code § 17-7-23 (2022).

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

The Alabama Electronic Voting Committee selects an independent test 

authority, or successor entity to verify that the state requirements of and 

the standards issued by the FEC have been met. The committee can 

employ no more than three additional individuals to assist in the 

examination process who are experts in any or all of the following fields:

(1) data processing, (2) mechanical engineering, and/or (3) public 

administration. These individuals can be either state or non-state 

employees, and are also required to provide a written report of their 

examination to the committee. The committee may only approve the 

electronic vote counting systems (EVCS) that are certified by the 

authorized independent testing authority, or successor entity, as meeting 

the performance and test standards for EVCS. After certification, the 

Secretary of State makes and maintains a report on the system, sending a 

copy of the report to all governing bodies of state counties. Any 

change/improvement in the EVCS will be certified by the committee 

prior to the adoption of any change or improvement by any county. Ala. 

Code § 17-7-23 (2022). 
6

ALASKA

State Participation: Baseline HAVA requirements. AK does not require that all EAC 

standards are used for the certification of its voting systems. However, 

the director may consider whether the FEC has certified a voting 

machine.

Applicable Statute(s): “The director may approve a voting machine or vote tally system for use 

in an election in the state upon consideration of factors relevant to the 

administration of state elections, including whether the Federal Election 

Commission has certified the voting machine or vote tally system to be 

in compliance with the voting system standards approved by the Federal 

Election Commission as required by 42 U.S.C. 15481(a)(5) (Help 

America Vote Act of 2002). The director may only approve a voting 

machine or vote tally system if the machine or system satisfies the 

requirements of AS 15.15.032 (c).” Alaska Stat. Ann. § 15.20.910

(2022). 

“Software for voting by use of electronically generated ballots shall be 

tested and certified under AS 14.20.900.” Alaska Stat. Ann. § 15.15.032 

(2022).

Applicable 

Regulation(s): 

State Certification 

Process:

“Before an election, the ballot counting program must be tested as 

follows: (1) the state ballot counting review board is responsible for 

performing and certifying the initial logic and accuracy test of the ballot 

counting program and memory cards;(2) the regional counting board or 

regional area coordinator is responsible for performing a second logic 

and accuracy test of the ballot counting program memory cards and 

preparing the memory cards for election use;(3) before the opening of 

the polls on election day at locations where there is a precinct tabulator, 

the election board is responsible for certifying that the precinct tabulator 

prints a zero totals report;(4) before counting absentee or questioned 

ballots, the regional counting board will verify that a zero totals report is 

printed before each tabulator is used.” 6 Alaska Admin. Code § 25.045

(2023).

(a) Notwithstanding any other provisions of this title, the director may 

adopt regulations that provide procedures for the tabulation of 

electronically generated ballots or optically scanned ballots, including 

procedures for (1) tests of the counting programs developed for each 

precinct tabulator to ensure that the system is functioning properly;

(2) security for the voting and tabulation of ballots; (3) the transmission 

and accumulation of vote totals to assure the integrity of the vote 

counting process; (4) observation by the public of the counting process 
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in the regional offices; and (5) the disposition of ballots. (b) The state 

ballot counting review board established under AS 15.10.180 shall test 

the counting programs for the tabulation of electronically generated 

ballots or optically scanned ballots and certify their accuracy in 

accordance with the regulations adopted under (a) of this section.

Alaska Stat. Ann. § 15.20.900 (2022). 
8

AMERICAN SAMOA

State Participation: 

Applicable Statute(s):

Applicable 

Regulation(s):

State Certification 

Process:

Baseline HAVA requirements. There is no mention of the federal or 

state process in the American Samoa Code Annotated (A.S.C.A.). The 

American Samoa Bar Association hosts the A.S.C.A., including all 

pertinent election provisions, online here.

N/A

N/A

N/A
9

ARIZONA 

State Participation: Requires testing by a federally accredited laboratory. AZ requires 

that its voting systems are HAVA-compliant and approved by a 

laboratory that is accredited pursuant to HAVA. 

Applicable Statute(s): “Machines or devices used at any election for federal, state or county 

offices may only be certified for use in this state and may only be used in 

this state if they comply with the Help America Vote Act of 2002 and if 

those machines or devices have been tested and approved by a laboratory 

that is accredited pursuant to the Help America Vote Act of 2002.” Ariz. 

Rev. Stat. § 16-442(B), (2022). 

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

The secretary of state shall appoint a committee of three persons, to 

consist of a member of the engineering college at one of the universities, 

a member of the state bar of Arizona and one person familiar with voting 

processes in the state, no more than two of whom shall be of the same 

political party, and at least one of whom shall have at least five years of 

experience with and shall be able to render an opinion based on 

knowledge of, training in or education in electronic voting systems, 

procedures and security. The committee shall investigate and test the 

various types of vote recording or tabulating machines or devices that 

may be used under this article. The committee shall submit its 

recommendations to the secretary of state who shall make final adoption 

of the type or types, make or makes, model or models to be certified for 

use in this state. The committee shall serve without compensation. Ariz. 

Rev. Stat. § 16-442(A)-(G), (2022). 
10

ARKANSAS 

State Participation: Requires testing by a federally accredited laboratory/Requires 

federal certification. AR also requires that its voting systems are 

HAVA-compliant.

Applicable Statute(s): “No make of voting machine shall be approved for use unless it is so 

constructed that: (21) It shall be: (A) Qualified by an authorized federal 

agency or national testing and standards laboratory which is acceptable 

to the Secretary of State; (B) Approved by the State Board of Election 

Commissioners; and (C) Selected by the Secretary of State.” Ark. Code 

Ann. § 7-5-504 21(A)-(C) (West 2023)

“No marking device or electronic vote tabulating device shall be 

approved unless it fulfills the requirements of this section and the federal 

Help America Vote Act of 2002.” Ark. Code Ann. § 7-5-606(E) (West 

2023)

Other relevant statues: Ark. Code Ann. § 7-5-301 (West 2023), Ark.

Code Ann. § 7-5-503 (West 2023), Ark Code Ann. § 7-5-512 (West 

2023), Ark Code Ann. §7-5-515 (West 2023), Ark Code Ann. § 7-5-517

(West 2023), Ark Code Ann. § 7-5-604, (West 2023), and Ark Code

Ann. § 7-5-611 (West 2023)

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

Voting systems are approved by the State Board of Election 

Commissioners. Written applications are accepted by the board from 

persons/companies requesting an opportunity to present their voting 

systems for use in Arkansas. The board will then examine the voting 

system and then file a report with the office of the Secretary of State 

stating the accuracy, efficiency, and capability of the proposed voting 

system, ensuring it complies with the requirements of Ark Code Ann. § 

7-5-504 (West 2023). The board will include any reason for rejecting the 

voting system in this report. After the approval of the voting system, the 

board will not need to approve the voting system again unless the voting 

system is modified, per Ark. Code Ann. § 7-5-606(b)-(d) (West 2023).

See Ark. Code Ann. §7 Ch. 5 (2023) on Election Procedure Generally

for more information on the preparation and testing of machines for 

election and ballot styles by county boards of election commissioners, as 

well as examination of the machines by representatives of candidates. 

. 
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CALIFORNIA

State Participation: Baseline HAVA requirements. Refers to EAC standards, but the 

Secretary of State is ultimately responsible for adopting voting system 

standards. Testing standards must meet or exceed the federal voluntary 

standards by the EAC. 

Applicable Statute(s): “It is the intent of the Legislature that: (a) All voting systems be certified 

or conditionally approved by the Secretary of State, independent of 

voluntary federal qualification or certification, before they are used in 

future elections to ensure that the voting systems have the ability to meet 

accuracy, accessibility, and security standards. (b) The Secretary of State 

adopt and publish testing standards that meet or exceed federal voluntary 

standards set by the United States Election Assistance Commission or its 

successor agency.” Cal. Elec. Code § 19006 (West 2023)

“The Secretary of State shall adopt standards that meet or exceed federal 

voluntary voting system guidelines set forth by the United States 

Election Assistance Commission or its successor agency. Until state 

standards are adopted, the Voluntary Voting System Guidelines Draft 

Version 1.1, as submitted to the United States Election Assistance 

Commission on August 31, 2012, shall be used as state standards to the 

extent that they do not conflict with this code.” Cal. Elec. Code § 

19101(a) (West 2023)

Applicable 

Regulation(s): 

State Certification 

Process:

“In deciding whether to certify, decertify, or withhold certification of a 

voting system, voting system procedures, or part of a voting system 

under Division 19 of the Elections Code, the Secretary of State shall 

apply the standards entitled ‘California Voting System Standards 

(October 2014),’ which are hereby incorporated by reference.” Cal. 

Code Regs. Tit. 2 § 20700(a) (2023)

The Secretary of State accepts applications from persons and/or 

companies owning or having an interest in the sale or acquisition of a 

voting system for certification in CA. Cal. Elec. Code § 19210 (2022). 

Certification includes testing and examination of the applicant’s system 

by either a state-approved testing agency or expert technicians providing 

a report on the accuracy and efficiency of the voting system. The 

Secretary of State holds a 30-day public review period so interested 

parties can express their opinions on the voting system. Within 14 days 

prior to the public review, the Secretary of State will transmit a written 

notice to each county official, to anyone the Secretary of State believes 

will be interested in the public review, and to those who requests, in 

writing, notice. Cal. Elec. Code § 19210-19211 (2022)
12

COLORADO

State Participation: Requires testing to federal standards. CO requires that its voting 

systems meet the EAC voting system standards. The systems can be

tested by a federally accredited laboratory or by the agency of another 

state, and must be certified by the Secretary of State. 

Applicable Statute(s): “All voting systems and voting equipment offered for sale on or after 

May 28, 2004, shall meet the voting systems standards that were 

promulgated in 2002 by the federal election commission.” Colo. Rev. 

Stat. Ann. § 1-5-601.5 (West 2023)

“(3)(a) If the electronic and electromechanical voting systems tested 

pursuant to this section satisfy the requirements of this part 6, the 

secretary of state shall certify such systems and approve the purchase, 

installation, and use of such systems by political subdivisions and 

establish standards for certification. (4) In undertaking the certification 

required by this section, the secretary of state may request a federally 

accredited laboratory to undertake the testing of an electronic or 

electromechanical voting system or may use and rely upon the testing of 

an electronic or electromechanical voting system already performed by 

another state...” Colo. Rev. Stat. Ann. § 1-5-608.5 (West 2023)

Applicable 

Regulation(s):

State Certification 

Process: 

“All voting systems must meet the requirements of the 2002 Voting 

System Standards. All voting system software, hardware, and firmware 

must also meet all requirements of federal law that address accessibility 

for voters including The Help America Vote Act, The Americans with 

Disabilities Act, and The Federal Rehabilitation Act.” Colo. Rev. Stat. 

Ann. § 1-5-608.5

There are several phases to the certification process of a voting system in 

Colorado, including submission of a complete application, a 

documentation review, a public demonstration of the system, and 

functional testing. The Secretary of State ultimately reviews the test 

results and determines whether the voting system meets the requirements 

for certification. Within 30 days of his or her decision, the Secretary of 

State posts the certification test report for the voting system of its 

website, and will also send a notice of certification and copy of the 

report to the voting system provider that submitted the system for

certification. The Secretary of State notifies governing bodies of political 

subdivisions of the state of the certification, and election officials which 

plan to use this system will apply to the Secretary of State for approval 

of the installation of the system. 8 Colo. Reg. § 1505-1:21 (July 2022), 

Colo. Rev. Stat. Ann. § 1-5-617 (West 2023)
13

CONNECTICUT

State Participation: Requires testing to federal standards. CT requires that its voting 

systems are tested to the most current FEC or EAC standards, but the 

Secretary of State makes the final determination in the certification 

process.

Applicable Statute(s): “[T]he Secretary of State may approve a voting tabulator which requires 

the elector in the polls to place the elector's ballot into the recording 

device and which meets the voluntary performance and test standards for 

voting systems adopted by (1) the Federal Election Commission on 

January 25, 1990, as amended from time to time, or (2) the Election 

Assistance Commission pursuant to the Help America Vote Act of 2002, 

P.L. 107-252, 42 USC 15481-85, as amended from time to time, 

whichever standards are most current at the time of the Secretary of the 

State’s approval”. Conn. Gen. Stat. Ann. § 9-242 (West 2023) 

Applicable 

Regulation(s): 

The Secretary of State can only approve voting systems which may have 

been certified by an independent test authority, accredited by the 

National Association of State Election Directors as meeting the 

voluntary performance and test standards for voting systems adopted by 

the Federal Election Commission on January 25, 1990 (amended from 

time to time) and which meet the standards specified in Sections 9-241-1

and 9-242 of these regulations and the requirements of the Connecticut 

constitution and the general statutes. These include standards for direct 

recording electronic voting machines, Marksense and punchcard voting 

machines, and Marksense voting tabulators. Conn. Agencies Regs. § 9-

241-1 through § 9-242-1 (2023)

State Certification 

Process: 

The Secretary of State accepts applications to examine and certify voting 

systems and then determines whether the voting system: (1) meet the 

requirements of section 9-242, (2) can be used at elections, primaries and 

referenda, and (3) comply with applicable standards for electronic voting 

tabulators. The Secretary of State may enter into an agreement with The 

University of Connecticut or a member of the Connecticut State 

University System to perform or assist in certification of voting 

equipment, developing voting system standards, research and analysis of 

data formats for ballot programming and election-related electronic data, 

and the development of any other standards to protect the integrity of 

voting equipment. Conn. Gen. Stat. § 9-241 (2023) 
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DELAWARE

State Participation: Requires federal certification. DE requires that its voting systems are 

certified by either the EAC of NASED as meeting either the FEC or 

EAC’s voluntary voting systems standards or guidelines. 

Applicable Statute(s): “A voting device or system purchased by the State must be certified by 

the United States Election Assistance Commission, or designated federal 

authority, as meeting or exceeding the voluntary voting system standards 

or guidelines as promulgated by the United States Election Assistance 

Commission, or designated federal authority, before delivery to and 

acceptance by the State.” Del. Code Ann. tit. 15, § 5001A (West 2023)

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

All voting systems must first be certified by the United States Election

Assistance Commission or designated federal authority prior to delivery 

to Delaware. Before an electronic voting system is acquired or used in 

the state, the owner or manufacturer of the voting device must give an 

adequate guarantee in writing. They must also post a bond accompanied 

by satisfactory surety with the State Election Commissioner 

guaranteeing and securing that the voting device complies with the 

requirements of 15 DE Code § 5001A and will correctly and accurately 

record every vote cast, guaranteeing the device against defects for a 

period of 5 years from the date of acquisition or rental. Del. Code Ann. 

tit. 15, § 5001A (West 2023) and Del. Code Ann. tit. 15, § 5002A (West 

2023)
15

DISTRICT OF COLUMBIA 

State Participation: Requires testing to federal standards / Requires federal certification. 

DC requires that its voting systems must be tested to meet voting system

standards set forth in the Help America Vote Act of 2002, or be federally 

certified. 

Applicable Statute(s):

Applicable 

Regulation(s): 

State Certification 

Process:

“Each voting system used in an election in the District occurring after 

January 1, 2012, shall: (A) meet or exceed the voting system standards 

set forth in the Help America Vote Act of 2002, approved October 29, 

2002, or be federally certified.” D.C. Code § 1-1001.09(k)(1) (2023) 

All voting systems used in the District of Columbia shall meet or exceed 

the voluntary voting system standards set in HAVA, and/or be federally 

certified. D.C. Mun. Regs. tit. 3 § 800 (2023)

The Board of Elections adopts voting system standards provided that 

they do not conflict with the 2002 Help America Vote Act. It reviews the 

standards on a biennial basis and purchases voting system equipment 

under a competitive-bidding procedure. D.C. Code § 1-1001.09 (2023)
16

FLORIDA

State Participation: Baseline HAVA requirements. The Division of Elections under the FL 

Department of State adopts voting system standards. The Bureau of 

Voting Systems Certification in this division provides technical support.

Applicable Statute(s): “The Department of State shall adopt rules which establish minimum 

standards for hardware and software for electronic and 

electromechanical voting systems. Such rules shall contain standards for: 

(a) Functional requirements; (b) Performance levels; (c) Physical and 

design characteristics; (d) Documentation requirements; and (e) 

Evaluation criteria.” Fla. Stat. § 101.015 (2022)

“There is created a Bureau of Voting Systems Certification within the 

Division of Elections of the Department of State which shall provide 

technical support to the supervisors of elections and which is responsible 

for voting systems standards and certification. The positions necessary 

for the bureau to accomplish its duties shall be established through the 

budgetary process.” Fla. Stat. § 101.017 (2022)

Applicable 

Regulation(s): 

The Department of State, Division of Elections, establishes minimum 

standards for certification and provisional approval for voting systems.

Voting system equipment will be certified in accordance with 

requirements contained in Florida Voting Systems Standards, Form DS 

DE-101, eff. 1/12/05. Fla. Admin. Code Ann. R. § 1S-5.001 (2022)

State Certification 

Process: 

The Department of State adopts rules that establish minimum security 

standards for voting systems. The Division of Elections of the 

Department of State continuously reviews certification standards for 

voting systems and ensures that they are available for selection by 

boards of county commissioners, while also determining the will of the 

public with regard to the systems. Within the Division of Elections, there 

is a Bureau of Voting Systems Certification which is mainly responsible 

for system certification and for providing technical support to election 

supervisors. The Supervisor of Elections for each county establishes 

written procedures to assure accuracy and security in voting systems. 

These procedures are reviewed in each odd-numbered year by the 

Department of State. Any revisions to these procedures are submitted by 

the Supervisor of Elections in each county to the Department of State at 

least 45 days before early voting begins in an election in which the 

revisions are to take effect. Fla. Stat. § 101.015 and Fla. Stat. § 101.017 

(2012)
17

GEORGIA

State Participation: Requires federal certification. GA requires that voting systems receive 

Qualification Certificates from the EAC before vendors submit them for 

further evaluation for use in Georgia. Voting machines must also be 

certified by the Secretary of State.

Applicable Statute(s): 

(a) Any person or organization owning, manufacturing, or selling, or 

being interested in the manufacture or sale of, any voting machine may 

request the Secretary of State to examine the machine. Any ten or more 

electors of this state may, at any time, request the Secretary of State to 

reexamine any voting machine previously examined and approved by 

him or her. Before any such examination or reexamination, the person, 

persons, or organization requesting such examination or reexamination 

shall pay to the Secretary of State the reasonable expenses of such 

examination; provided, however, that in the case of a request by ten or 

more electors the examination fee shall be $250.00. The Secretary of 

State may, at any time, in his or her discretion, reexamine any voting 

machine.

(b) The Secretary of State shall thereupon require such machine to be 

examined or reexamined by three examiners whom he or she shall 

appoint for the purpose, of whom one shall be an expert in patent law and 

the other two shall be experts in mechanics, and shall require of them a 

written report on such machine, attested by their signatures; and the 

Secretary of State shall examine the machine and shall make and file, 

together with the reports of the appointed examiners, his or her own 

report, attested by his or her signature and the seal of his or her office, 

stating whether, in his or her opinion and in consideration of the reports

of the examiners aforesaid, the kind of machine so examined can be 

safely and accurately used by electors at primaries and elections as 

provided in this chapter. If his or her report states that the machine can be 

so used, the machine shall be deemed approved; and machines of its kind 

may be adopted for use at primaries and elections as provided in this 

chapter.

(c) No kind of voting machine not so approved shall be used at any 

primary or election and if, upon the reexamination of any voting machine 

previously approved, it shall appear that the machine so reexamined can 

no longer be safely or accurately used by electors at primaries or 

elections as provided in this chapter because of any problem concerning 

its ability to accurately record or tabulate votes, the approval of the same 

shall immediately be revoked by the Secretary of State; and no such 
18

voting machine shall thereafter be purchased for use or be used in this 

state.

(d) At least ten days prior to any primary or election, including special 

primaries, special elections, and referendum elections, the election 

superintendent shall verify and certify in writing to the Secretary of State 

that all voting will occur on equipment certified by the Secretary of State.

(e) Any vendor who completes a sale of voting machines that have not 

been certified by the Secretary of State to a governmental body in this 

state shall be subject to a penalty of $100,000.00, payable to the State of 

Georgia, plus reimbursement of all costs and expenses incurred by the 

governmental body in connection with the sale. The State Election Board 

shall have authority to impose such penalty upon a finding that such a 

sale has occurred.

(f) When a machine has been so approved, no improvement or change 

that does not impair its accuracy, efficiency, or capacity shall render 

necessary a reexamination or reapproval of the machine or of its kind.

(g) Neither the Secretary of State, nor any examiner appointed by him or 

her for the purpose prescribed by this Code section, nor any 

superintendent, nor the governing authority of any municipality or a 

member of such authority, nor any other person involved in the 

examination process shall have any pecuniary interest in any voting 

machine or in the manufacture or sale thereof.

(h) The compensation of each examiner appointed under this Code 

section shall be fixed and paid by the Secretary of State.

Ga. Code Ann. § 21-2-324 (West)

Applicable 

Regulation(s): 

“Prior to submitting a voting system for certification by the State of 

Georgia, the proposed voting system's hardware, firmware, and software 

must have been issued Qualification Certificates from the EAC. These 

EAC Qualification Certificates must indicate that the 

proposed voting system has successfully completed the EAC

Qualification testing administered by EAC approved ITAs. If for any 

reason, this level of testing is not available, the Qualification tests shall 

be conducted by an agency designated by the Secretary of State. In either 

event, the Qualification tests shall comply with the specifications of 

the Voting Systems Standards published by the EAC.” Ga. Comp. R. & 

Regs. 590-8-1-.01
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State Certification 

Process: 

2. Letter of Request. After the voting system has completed EAC 

Qualification testing, the evaluation procedure to obtain certification for 

use of the voting system in the State of Georgia shall be initiated by letter 

from the vendor of the voting system to the Office of the Secretary of 

State requesting certification for a specific voting system. The Secretary 

of State or her representative shall notify the vendor of the earliest date 

after which the requested evaluation may begin and provide the vendor 

with the name and telephone number of the designated Georgia 

Certification Agent.

3. Submission of Complete Technical Data Package. The vendor shall 

submit the Technical Data Package described in section (g) to the 

Certification Agent designated by the State. The Certification Agent shall 

review the submission of the Technical Data Package and notify the 

vendor of any deficiencies. Certification of the voting system shall not 

proceed until the Technical Data Package is complete.

4. Preliminary Review. The Georgia Certification Agent shall conduct a 

preliminary analysis of the Technical Data Package and prepare an 

Evaluation Proposal containing the following information:

(i) Components of the voting system requiring evaluation.

(ii) Identification of any hardware or software components requiring 

additional testing by the EAC ITAs.

(iii) Description of the activities required to complete that portion of the 

evaluation which is to be performed by the Georgia Certification Agent.

(iv) Estimate of time required to complete the portion of the evaluation, 

which is to be performed by the Georgia Certification Agent.

(v) Estimate of cost of tests which are to be performed by the Georgia 

Certification Agent.

5. Authorization to Proceed. The vendor shall review the Evaluation 

Proposal and notify the Secretary of State, in writing, of the desire to 

continue or terminate the evaluation process. The evaluation of the 

system shall not begin until the manufacturer or vendor notifies the 

Secretary of State to proceed. A copy of this notification shall be sent to 

the Georgia Certification Agent. A decision to continue shall obligate the 

vendor to the cost of the evaluation contained in the Evaluation Proposal.

6. Evaluation. The vendor shall arrange with the EAC ITAs for any 

additional required ITA testing identified in the Evaluation Proposal. 

After any required ITA tests have been successfully completed, the 

Georgia Certification Agent shall conduct the tests described in the 

Evaluation Proposal and submit a report of the findings to the Secretary 

of State.

7. Certification. Based on the information contained in the report from 

the Georgia Certification Agent, and any other information in her 

possession, the Secretary of State shall determine whether the proposed 

voting system shall be certified for use in the State of Georgia and so 

notify the vendor.
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8. Local Jurisdiction Acceptance. After a voting system is delivered to 

a local jurisdiction, acceptance tests shall be performed in the user's 

environment to demonstrate that the voting system as delivered and 

installed is identical to the system that was certified by the State and 

satisfies the requirements specified in the procurement documents.

(e) Proprietary Information. The State of Georgia shall make every 

effort to protect the proprietary nature of information provided to the 

State or its agents during the course of these evaluations in accordance to 

Georgia law for protecting proprietary information. Any proposed nondisclosure agreements shall be of the type and form in common 

commercial usage appropriate to similar situations and shall be subject to 

review and approval by the Georgia Attorney General.

(f) Audit and Validation of Certification.

1. It shall be the responsibility of the vendor to ensure that any voting 

system or component of a voting system that it markets or supplies for 

use in the State of Georgia has been certified by the Secretary of State. It 

is also the responsibility of the vendor to submit any modifications to a 

previously certified system or component to the Secretary of State for recertification and to update the Technical Data Package on file in the 

Office of the Secretary of State to accurately reflect the modifications.

2. If any question arises involving the certification of a voting system or a 

component of a voting system in use in the State, the Technical Data 

Package and Certification documentation on file in the Office of the 

Secretary of State shall be used to verify that the system or component in 

question is identical to the system or component that was submitted for 

certification.

(g) Technical Data Package. Before evaluation can begin, the vendor 

must submit to the Georgia Certification Agent the Technical Data 

Package required to complete the evaluation of the proposed voting 

system. Each item in the Technical Data Package must be clearly 

identified. If the Technical Data Package is incomplete or the items in the 

package are not clearly identified, the entire package may be returned to 

the vendor and the evaluation of the voting system rescheduled. In most 

cases, the Technical Data Package submitted to the ITAs shall be 

sufficient for State certification.

The Technical Data Package shall contain the following items in hard 

copy and in electronic form when available.

(i) Customer Maintenance Documentation. Documentation describing 

any maintenance that the vendor recommends that can be performed by a 

customer with minimal knowledge of the system.

(ii) Operations Manual. Operations documentation that is normally 

supplied to the customer for use by the person(s) who shall operate the 

equipment.

(iii) Software Source Code. Source code of all software and firmware in 

the voting system. The source code shall be supplied in the form of a 

listing and in a machine-readable form on media that is acceptable to the 
21

Georgia Certification Agent. If there is any chance of ambiguity, the 

required compiler(s) and/or development environment must be specified.

(iv) Software System Design. Documentation describing the logical 

design of the software. This documentation should clearly indicate the 

various modules of the software, their functions, and their 

interrelationships. The minimum acceptable documentation is a system 

flowchart. Deviation of the source code from the system design may be 

cause for rejection of the vo

Ga. Comp. R. & Regs. 590-8-1-.01
22

GUAM

State Participation: Baseline HAVA requirements. Guam’s laws do not explicitly mention 

the role of federal agencies in certifying voting equipment. The Guam 

Election Commission approves vote tabulating devices.

Applicable Statute(s): “A vote tabulating device is a mechanical, electronic or 

electromechanical machine approved by the Commission to count cast 

ballots in an election on Guam.” 3 GCA § 1118 (2012)

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

N/A
23

HAWAII

State Participation: Baseline HAVA requirements. The Chief Election Officer adopts 

voting systems for use in HI elections. 

Applicable Statute(s): The chief election officer may adopt, experiment with, or abandon any 

voting system authorized under this chapter or to be authorized by the 

legislature. These systems shall include, but not be limited to voting 

machines, paper ballots, and electronic voting systems. All voting 

systems approved by the chief election officer under this chapter are 

authorized for use in all elections for voting, registering, and counting 

votes cast at the election.

Voting systems of different kinds may, at the discretion of the chief 

election officer, be adopted for different precincts within the same 

district. The chief election officer may provide for the experimental use 

at any election, in one or more precincts, of a voting system without a 

formal adoption thereof and its use at the election shall be as valid for all 

purposes as if it had been permanently adopted; provided that if a voting 

machine is used experimentally under this paragraph it need not meet the 

requirements of section 16-12.

Haw. Rev. Stat. Ann. § 16-1 (West)

No voting machine shall be installed for use in any election in the State 

unless it shall satisfy the following requirements:

(1) It shall permit the voter to vote for as many persons for an office as 

the voter is lawfully entitled to vote for, but no more;

(2) It shall prevent the voter from voting for the same persons more than 

once for the same office;

(3) It shall permit the voter to vote for or against any question the voter 

may have the right to vote on, but no other;

(4) In special primary and primary elections it shall be so equipped that 

it will lock out all rows except those of the party or nonpartisan 

candidates selected by the voter;

(5) It shall be provided with a protective counter or protective device 

whereby any operation of the machine before or after the election will 

be detected;

(6) It shall be provided with a counter which shall show at all times 

during an election how many persons have voted;

(7) It shall be provided with a mechanical model, illustrating the manner 

of voting on the machine, suitable for the instruction of voters.

Haw. Rev. Stat. Ann. § 16-12 (West)
24

Applicable 

Regulation(s): 

State Certification 

Process:

All voting systems adopted under this chapter by the chief election 

officer or the legislature shall satisfy the following requirements:

(1) It shall secure to the voter secrecy in the act of voting;

(2) It shall provide for voting for all candidates of as many political 

parties as may make nominations, nonpartisans, and for or against as 

many questions as are submitted;

(3) It shall correctly register or record and accurately count all votes cast 

for any and all persons, and for or against any and all questions.

Haw. Rev. Stat. Ann. § 16-2 (West)
25

IDAHO

State Participation: Requires testing to federal standards/Requires testing by a federally 

accredited laboratory. ID requires that its voting systems meet FEC 

voting system standards and be tested by an independent testing 

authority designated by the secretary of state prior to final state 

certification by the secretary of state.

Applicable Statute(s): 

The secretary of state shall publicly examine all makes of voting 

machines or vote tally systems submitted to him and determine whether 

the machines or vote tally systems comply with the requirements of this 

chapter, and can safely be used by voters at elections under the 

provisions of this chapter. Any voting machine or vote tally system shall 

be certified by the secretary of state for use in Idaho. Except for 

functions or capabilities unique to this state, voting machines and vote 

tally systems shall be tested and the results certified by an independent 

testing authority designated by the secretary of state prior to 

certification.

Idaho Code Ann. § 34-2409 (West)

Applicable 

Regulation(s): 

(2) Any person owning or interested in a voting machine or vote tally 

system may submit it to the secretary of state for examination. No 

examination shall be conducted unless documentation is provided 

indicating that the voting machine or vote tally system meets the federal 

election commission standards. For the purpose of assistance in 

examining the machine or vote tally system the secretary of state may 

employ not more than three (3) individuals who are expert in one (1) or 

more of the fields of data processing, mechanical engineering and public 

administration. The compensation of these assistants shall be paid by the 

person submitting the machine or vote tally system.

(3) Within thirty (30) days after completing the examination and 

approval of any voting machine or vote tally system the secretary of state 

shall make and file in his office his report on the machine or vote tally 

system, together with a written or printed description and drawings and 

photographs clearly identifying the machine or vote tally system and the 

operation thereof. As soon as practicable after such filing, the secretary 

of state upon request shall send a copy of the report to any governing 

body within the state.

(4) Any voting machine or vote tally system that receives the approval of 

the secretary of state may be used for conducting elections in this state. 

Any machine or vote tally system that does not receive such approval 
26

shall not be adopted for or used at any election. After a voting machine 

or vote tally system has been approved by the secretary of state, any 

change or improvement in the machine or vote tally system that does not 

impair its accuracy, efficiency or capacity shall not render necessary a 

reexamination or reapproval of the machine or vote tally system.

(5) Any voting system, including paper ballots, that was used in the 2004 

general election shall be continued to be authorized for use as long as the 

voting system meets the requirements of the “Help America Vote Act of 

2002,” Public Law 107-252.1

(6) For all elections conducted after 2004, no direct recording electronic 

voting device shall be used unless the direct recording electronic voting 

device has a voter verifiable paper audit trail. Any certifications of a 

direct recording electronic voting device without a voter verifiable paper 

audit trail are hereby declared null and void.

(7) The secretary of state may periodically review the various voting 

systems that have been certified for use in the state to ensure such 

systems meet the standards set forth by the federal election assistance 

commission and the national institute of standards and technology. Any 

voting system that does not meet such standards may be decertified after 

a public hearing.

State Certification 

Process: 

Supra
27

ILLINOIS

State Participation: Requires testing to federal standards/Requires testing by a federally 

accredited laboratory. IL requires that its voting systems are tested to 

FEC or EAC standards by an approved independent testing authority. 

Applicable Statute(s): The State Board of Elections shall approve all Direct Recording 

Electronic Voting Systems that fulfill the functional requirements 

provided by Section 24C-11 of this Code, the mandatory requirements of 

the federal voting system standards pertaining to Direct Recording 

Electronic Voting Systems promulgated by the Federal Election 

Commission or the Election Assistance Commission, the testing 

requirements of an approved independent testing authority and the rules 

of the State Board of Elections.

10 Ill. Comp. Stat. Ann. 5/24C-16

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

The State Board of Elections accepts applications to approve voting 

systems. The Board staff prepares and performs a test of the proposed 

voting systems. The Board staff prepares and performs a test of the 

proposed voting system; this test is conducted under the simulation of 

election day conditions. After a review of the proposed voting system, 

the Board Staff writes a report to the Board which is followed by a 

hearing to consider the staff’s report. If the Board determines that the 

proposed voting system is safe, accurate, and efficient, it will approve 

the use of the system on an interim basis not to exceed two years. After 

the interim period, the applicant may submit an application requesting 

final approval of the proposed voting system. Upon receiving the final 

application, the Board will make a determination based upon the staff’s 

findings, information submitted by the applicant, and the performance of 

the system during the interim approval period. 10 Ill. Comp. Stat. Ann.

5/24A-16 and Ill. Admin. Code tit. 26, § 204.40

No voting system shall be approved unless it fulfills the following 

requirements:

(1) It enables a voter to vote in absolute secrecy; 

(2) (Blank); 

(3) It enables a voter to vote a ticket selected in part from the nominees 

of one party, and in part from the nominees of any or all parties, and in 
28

part from independent candidates and in part of candidates whose names 

are written in by the voter; 

(4) It enables a voter to vote a written or printed ticket of his own 

selection for any person for any office for whom he may desire to vote; 

(5) It will reject all votes for an office or upon a proposition when the 

voter has cast more votes for such office or upon such proposition than 

he is entitled to cast; 

(5.5) It will identify when a voter has not voted for all statewide 

constitutional offices; 

(6) It will accommodate all propositions to be submitted to the voters in 

the form provided by law or, where no such form is provided, then in 

brief form, not to exceed 75 words; 

(7) It will accommodate the tabulation programming requirements of 

Sections 24A-6.2, 24B-6.2, and 24C-6.2.

The State Board of Elections shall not approve any voting equipment or 

system that includes an external Infrared Data Association (IrDA) 

communications port.

The State Board of Elections is authorized to withdraw its approval of a 

voting system if the system fails to fulfill the above requirements.

The vendor, person, or other private entity shall be solely responsible for 

the production and cost of: all application fees; all ballots; additional 

temporary workers; and other equipment or facilities needed and used in 

the testing of the vendor's, person's, or other private entity's respective 

equipment and software.

10 Ill. Comp. Stat. Ann. 5/24A-16
29

INDIANA

State Participation: Requires testing to federal standards/Requires testing by a federally 

accredited laboratory. IN requires that its voting systems meet federal 

standards adopted by either the FEC or EAC, and electronic voting 

systems should also be tested by a federally-accredited laboratory. 

Applicable Statute(s): (a) To be approved by the commission for use in Indiana, a voting 

system must meet one (1) of the following:

(1) The Voting System Standards adopted by the Federal Election 

Commission on April 30, 2002.

(2) The Voluntary Voting System Guidelines adopted by the United 

States Election Assistance Commission on December 13, 2005.

(3) The Voluntary Voting System Guidelines adopted by the United 

States Election Assistance Commission, as amended on March 31, 2015.

(b) Except as provided in subsection (c), a county may continue to use an 

optical scan ballot card voting system or an electronic voting system 

whose approval or certification expired on or before October 1, 2021, if 

the voting system:

(1) was:

(A) approved by the commission for use in elections in Indiana before 

October 1, 2021; and

(B) purchased or leased by the county before October 1, 2021; and

(2) otherwise complies with the applicable provisions of HAVA and this 

article.

Ind. Code Ann. § 3-11-15-13.3 (West)

“The tests required under this section must be performed by an 

independent laboratory accredited under 52 U.S.C. 20971. However, if 

the commission determines that it is impossible or impractical to have an 

independent laboratory conduct tests on an electronic voting system, the 

commission may direct that the tests be conducted by any other entity 

approved by the commission.” Ind. Code Ann. § 3-11-7.5-4 (West)

Applicable 

Regulation(s): 

State Certification 

Process:

N/A

Any person seeking approval of an electronic voting system may submit 

an application in the form prescribed by the election division of Indiana. 

Ind. Code Ann. § 3-11-7.5-2 (West) The commission may approve an 

electronic voting system only if the system complies with the 

requirements of this chapter and IC 3-11-15.

Ind. Code Ann. § 3-11-7.5-3 (West)
30

IOWA

State Participation: Requires testing to federal standards/Requires testing by a federally 

accredited laboratory. IA requires that all voting systems be certified 

by an independent testing authority accredited by the EAC to determine 

that the systems satisfy the 2002 Voting System Standards adopted by 

the FEC. 

Applicable Statute(s): 1. A person or corporation owning or being interested in an optical scan 

voting system may request that the state commissioner call upon the 

board of examiners to examine and test the system. Within seven days of 

receiving a request for examination and test, the state commissioner shall 

notify the board of examiners of the request in writing and set a time and 

place for the examination and test.

2. The state commissioner shall formulate, with the advice and assistance 

of the examiners, and adopt rules governing the testing and examination 

of any optical scan voting system by the board of examiners. The rules 

shall prescribe the method to be used in determining whether the system 

is suitable for use within the state and performance standards for voting 

equipment in use within the state. The rules shall provide that all optical 

scan voting systems approved for use by the examiners after April 9, 

2003, shall meet voting systems performance and test standards, as 

adopted by the federal election commission on April 30, 2002, and as 

deemed adopted by Pub. L. No. 107-252, § 222.1 The rules shall include 

standards for determining when recertification is necessary following 

modifications to the equipment or to the programs used in tabulating 

votes, and a procedure for rescinding certification if a system is found 

not to comply with performance standards adopted by the state 

commissioner.

Iowa Code Ann. § 52.5 (West)

Applicable 

Regulation(s): 

All electronic voting systems approved for use by the board of 

examiners after April 9, 2003, shall meet Voting Systems Performance 

and Test Standards, as adopted by the Federal Election Commission 

April 30, 2002, or the 2005 Voluntary Voting Systems Guidelines, as 

adopted by the U.S. Election Assistance Commission in December 2005. 

The report of an accredited independent test authority certifying that the 

system is in compliance with these standards shall be submitted with the 

application for examination. Iowa Admin. Code r. 721-22.2(52)

“Accredited independent test authority” means a person or agency that 

was formally recognized by the National Association of State Election 
31

Directors as competent to design and perform qualification tests for 

voting system hardware and software. “Accredited independent test 

authority” also includes voting system test laboratories accredited by the 

Election Assistance Commission to test voting systems for compliance 

with federal voting system standards and guidelines, as required by the 

Help America Vote Act, Section 231.

Iowa Admin. Code r. 721-22.1(52)

State Certification 

Process: 

1. A person or corporation owning or being interested in an optical scan 

voting system may request that the state commissioner call upon the 

board of examiners to examine and test the system. Within seven days of 

receiving a request for examination and test, the state commissioner shall 

notify the board of examiners of the request in writing and set a time and 

place for the examination and test.

2. The state commissioner shall formulate, with the advice and assistance 

of the examiners, and adopt rules governing the testing and examination 

of any optical scan voting system by the board of examiners. The rules 

shall prescribe the method to be used in determining whether the system 

is suitable for use within the state and performance standards for voting 

equipment in use within the state. The rules shall provide that all optical 

scan voting systems approved for use by the examiners after April 9, 

2003, shall meet voting systems performance and test standards, as 

adopted by the federal election commission on April 30, 2002, and as 

deemed adopted by Pub. L. No. 107-252, § 222.1 The rules shall include 

standards for determining when recertification is necessary following 

modifications to the equipment or to the programs used in tabulating 

votes, and a procedure for rescinding certification if a system is found 

not to comply with performance standards adopted by the state 

commissioner.

3. The state commissioner may employ a competent person or persons to 

assist the examiners in their evaluation of the equipment and to advise 

the examiners as to the sufficiency of the equipment. Consultant fees 

shall be paid by the person who requested the certification. Following 

the examination and testing of the optical scan voting system, the 

examiners shall report to the state commissioner describing the testing 

and examination of the system and upon the capacity of the system to 

register the will of voters, its accuracy and efficiency, and with respect to 

its mechanical perfections and imperfections. Their report shall be filed 

in the office of the state commissioner and shall state whether in their 

opinion the kind of system so examined can be safely used by voters at 

elections under the conditions prescribed in this chapter. If the report 

states that the system can be so used, it shall be deemed approved by the 

examiners, and systems of its kind may be adopted for use at elections as 
32

provided in this section. Any form of system not so approved cannot be 

used at any election.

4. Before actual use by a county of a particular optical scan voting 

system which has been approved for use in this state, the state 

commissioner shall formulate, with the advice and assistance of the 

examiners, and adopt rules governing the development of vote counting 

programs and all procedures used in actual counting of votes by means 

of that system.

Iowa Code Ann. § 52.5 (West)
33

KANSAS

State Participation: Requires testing to federal standards. KS requires that its voting 

systems are approved by the Secretary of State and that they are in

compliance with voting system standards required by HAVA. 

Applicable Statute(s): The secretary of state shall examine and approve the kinds or makes of 

electronic or electromechanical voting systems, including operating 

systems, firmware and software, and electronic poll books, and no kind 

or make of such system or electronic poll book shall be used at any 

election unless and until it receives certification by the secretary of state 

and a statement thereof is filed in the office of the secretary of state.

Kan. Stat. Ann. § 25-4404 (West)

Electronic or electromechanical voting systems approved by the 

secretary of state:

(a) Shall provide for voting for the candidates for nomination or election 

of all political parties officially recognized pursuant to K.S.A. 25-302a, 

and amendments thereto;

(b) shall permit a voter to vote for any independent candidate for any 

office;

(c) shall provide for voting on constitutional amendments or other 

questions submitted;

(d) shall be so constructed that, as to primaries where candidates are 

nominated by political parties, the voter can vote only for the candidates 

for whom the voter is qualified to vote according to articles 2 and 33 of 

chapter 25 of the Kansas Statutes Annotated, and amendments thereto;

(e) shall afford the voter an opportunity to vote for any or all candidates 

for an office for whom the voter is by law entitled to vote and no more, 

and at the same time shall prevent the voter from voting for the same 

candidate twice for the same office;

(f) shall be so constructed that in presidential elections the presidential 

electors of any political party may be voted for by one action;

(g) shall provide for “write-in” votes;

(h) shall provide for voting in absolute secrecy, except as to persons who 

request assistance due to temporary illness or disability or a lack of 

proficiency in reading the English language;

(i) shall reject all votes for an office or upon a question submitted when 

the voter has cast more votes for such office or upon such question than 

the voter is entitled to cast;
34

(j) shall provide for instruction of voters on the operation of voting 

machines, illustrating the manner of voting by the use of such systems. 

The instruction may include printed materials or demonstration by 

election board workers;

(k) shall provide a paper record of each vote cast, produced at the time 

the vote is cast;

(l) shall have the ability to be tested both before an election and prior to 

the date of canvass. The test shall include the ability to match the paper 

records of such machines to the vote totals contained in the machines;

(m) shall meet the requirements of the help America vote act of 2002 and 

other federal statutes and regulations governing voting equipment; and

(n) shall not have the capability nor shall any component of an electronic 

or electromechanical voting system have the capability to be connected 

to the internet or to any other communications or computer network, 

including, but not limited to, a local area network, wireless network, 

cellular network or satellite network, or to use bluetooth or any other 

wireless communications technology.

Kan. Stat. Ann. § 25-4406 (West)

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

(a) Any person, firm or corporation desiring to sell any kind or make of 

electronic or electromechanical voting system or electronic poll book to 

political subdivisions in Kansas may in writing request the secretary of 

state to examine the kind or make of the system which it desires to sell 

and shall accompany the request with a certified check in the sum of 

$250 payable to the secretary of state to be used to defray a portion of 

the costs of such examination, and shall furnish at its own expense such 

system to the secretary of state for use in examining such system. The 

secretary of state may require such person, firm or corporation to furnish 

a competent person to explain the system or electronic poll book and 

demonstrate by the operation of such system or electronic poll book that 

it complies with any applicable state and federal laws and regulations. 

The secretary of state may employ a competent person or persons to 

assist in the examination and to advise the secretary as to the sufficiency 

of such voting system or electronic poll book and to pay such persons 

reasonable compensation therefor. The costs of employment and any 
35

other costs associated with the approval of such system shall be paid by 

the applicant.

(b) The secretary of state may require a review of any theretofore 

approved electronic or electromechanical voting system or electronic 

poll book and the equipment and operation thereof. Such review shall be 

commenced by the secretary of state giving written notice thereof to the 

person, firm or corporation which sought approval of the voting system 

or electronic poll book and to each county election officer and county 

commissioner of counties known to have purchased, leased or rented any 

such voting system or electronic poll book or equipment thereof. Such 

notice shall fix a time and place of hearing at which those persons 

wishing to be heard may appear and give oral or written testimony and 

explanation of the voting system or electronic poll book, its equipment 

and operation and experience had therewith. After such hearing date and 

after such review as the secretary of state deems appropriate, the 

secretary of state may renew approval of the voting system or electronic 

poll book, require changes therein for continued approval thereof or 

rescind approval previously given on either a conditioned or permanent 

basis.

(c) The secretary of state may appoint persons to assist county election 

officers or county commissioners in the testing of any electronic or 

electromechanical voting system or electronic poll book and its 

equipment or the programs of such system or electronic poll book.

Kan. Stat. Ann. § 25-4405 (West)
36

KENTUCKY

State Participation: Requires testing to federal standards. KY requires that voting systems 

are tested by an independent testing authority approved by the State 

Board of Elections, demonstrating that the voting systems meet federal 

standards. 

Applicable Statute(s): (1) (a) Any person or corporation owning, manufacturing, or selling any 

voting system or e-poll book product, may request the State Board of 

Elections to examine the voting system or e-poll book product. Before 

requesting an examination or reexamination, any person, persons, or 

corporation shall pay to the State Treasurer a nonrefundable deposit of 

five hundred dollars ($500) and submit a test report from an 

independent testing authority approved by the State Board of 

Elections.

(b) If the report concerns a voting system, the report shall demonstrate 

that the voting system meets all Election Assistance Commission 

standards. Notwithstanding any other provision of law to the contrary, 

if these Election Assistance Commission standards have been 

amended less than thirty-six (36) months prior to the request for 

examination under this subsection, the State Board of Elections may 

approve and certify a voting system that meets the prior standards after 

determining:

1. The effect that such approval would have on the integrity and security 

of elections; and

2. The procedure and cost involved to bring the voting system into 

compliance with the amended standards.

(c) The State Board of Elections may, at any time, reexamine any voting 

system or e-poll book product already approved. The State Board of 

Elections shall approve or disapprove any voting system or e-poll 

book product within sixty (60) days after the date of its initial 

submission. Any or all costs associated with the voting system or epoll book product being examined or reexamined shall be paid to the 

State Treasurer by the person or corporation once the approval or 

disapproval is complete.

(2) (a) Upon receipt of a request for examination or reexamination of a 

voting system or e-poll book product, the State Board of Elections 

shall require that such voting system or e-poll book product be 

examined or reexamined by three (3) examiners. The State Board of 

Elections shall appoint one (1) examiner who is an expert in computer 

science, voting systems, or e-poll book products, whichever is 

applicable; one (1) person who is knowledgeable in election 

procedures, election security, and election law in Kentucky; and one 

(1) person who is a present or former county clerk. The three (3) 

examiners shall submit one (1) written report on each voting system or 
37

e-poll book product, examined or reexamined, to the State Board of 

Elections. The members of the State Board of Elections shall also 

examine or reexamine the voting system or e-poll book product.

(b) A voting system shall be approved and certified if the examiners' 

report states that the voting system meets all the requirements of KRS 

117.125 and applicable federal law, and the State Board of Elections 

finds that the voting system meets all of the requirements of KRS 

117.125 and applicable federal law.

(c) Beginning September 1, 2022, an e-poll book product shall be 

approved and certified if the examiners' report and the State Board of 

Elections find that the e-poll book product meets the certification 

requirements promulgated by the State Board of Elections pursuant to 

KRS Chapter 13A and applicable federal law.

(d) Each report and letter of approval pertaining to a voting system or an 

e-poll book product shall be filed in the office of the State Board of 

Elections.

(3) Any voting system or e-poll book product not approved by the State 

Board of Elections shall not be used at any primary, regular election, 

or special election.

(4) When a voting system or e-poll book product has been approved, any 

improvement or changes in the voting system or e-poll book product 

shall render necessary the examination or approval of such voting 

system or improvement.

(5) Neither the members of the State Board of Elections, nor any 

examiner appointed by the State Board of Elections, nor any member 

of a county board of elections shall have any pecuniary interest in any 

voting system or e-poll book product.

(6) Each examiner appointed by the State Board of Elections shall 

receive fair compensation to be established by the State Board of 

Elections.

(7) An e-poll book product approved under this section shall not be used 

in any primary, regular election, or special election held before May 

11, 2023.

Ky. Rev. Stat. Ann. § 117.379 (West)

Applicable 

Regulation(s): 

N/A
38

State Certification 

Process: 

(1) (a) Any person or corporation owning, manufacturing, or selling any 

voting system or e-poll book product, may request the State Board of 

Elections to examine the voting system or e-poll book product. Before 

requesting an examination or reexamination, any person, persons, or 

corporation shall pay to the State Treasurer a nonrefundable deposit of 

five hundred dollars ($500) and submit a test report from an 

independent testing authority approved by the State Board of 

Elections.

(b) If the report concerns a voting system, the report shall demonstrate 

that the voting system meets all Election Assistance Commission 

standards. Notwithstanding any other provision of law to the contrary, 

if these Election Assistance Commission standards have been 

amended less than thirty-six (36) months prior to the request for 

examination under this subsection, the State Board of Elections may 

approve and certify a voting system that meets the prior standards after 

determining:

1. The effect that such approval would have on the integrity and security 

of elections; and

2. The procedure and cost involved to bring the voting system into 

compliance with the amended standards.

(c) The State Board of Elections may, at any time, reexamine any voting 

system or e-poll book product already approved. The State Board of 

Elections shall approve or disapprove any voting system or e-poll 

book product within sixty (60) days after the date of its initial 

submission. Any or all costs associated with the voting system or epoll book product being examined or reexamined shall be paid to the 

State Treasurer by the person or corporation once the approval or 

disapproval is complete.

(2) (a) Upon receipt of a request for examination or reexamination of a 

voting system or e-poll book product, the State Board of Elections 

shall require that such voting system or e-poll book product be 

examined or reex

Ky. Rev. Stat. Ann. § 117.379 (West)
39

LOUISIANA

State Participation: Requires testing by a federally accredited laboratory. LA requires 

that voting systems are certified by a test laboratory accredited by the 

U.S. Election Assistance Commission.

Applicable Statute(s): A. Prior to the solicitation of bids for any new voting system, the 

secretary of state shall examine any type or make of voting system or 

system component upon the request of a representative of the maker or 

supplier thereof for compliance with the certification standards 

promulgated pursuant to R.S. 18:1353. If the secretary of state 

determines that the voting system or system component complies with 

the certification standards, he shall approve that voting system or system 

component for use in this state and shall issue his certificate of approval 

thereof.

B. In addition to meeting any applicable certification standards, any 

voting system or system component procured or used in the state must 

have been certified according to the voluntary voting system guidelines 

developed and maintained by the United States Election Assistance 

Commission by a voting system test laboratory accredited by the United 

States Election Assistance Commission. This certificate, together with 

any relevant reports, drawings, and photographs, shall be a public record.

La. Stat. Ann. § 18:1361

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

C. The secretary of state shall contract with no fewer than three but no 

more than five qualified independent experts to assist him in performing 

the state certification examination provided for in this Section. The 

expenses of the services of such experts shall be paid prior to the 

examination by the person requesting examination of the voting system 

or system component. Experts contracted to assist with the examination 

shall sign the certificate of approval made by the secretary of state. No 

voting system or system component shall be used at any election which 

has not been approved and certified by the secretary of state as provided 

in this Section.

La. Stat. Ann. § 18:1361
40

MAINE

State Participation: Baseline HAVA requirements. The Secretary of State and the Attorney 

General adopt the regulations for certification of voting systems in ME.

Applicable Statute(s): 1. Rules. The Secretary of State and the Attorney General together may 

adopt rules governing approval of voting machines under section 813 

and electronic tabulating systems under section 844. The Secretary of 

State may adopt rules requiring independent testing of voting machines 

and electronic tabulating systems in use or proposed for use in the State 

and indicating which voting machines and electronic tabulating systems 

are approved for use by municipalities.

2. Use of approved voting machines and systems. Voting machines 

and systems approved and recommended pursuant to rules adopted under 

subsection 1 may be used by any municipality in a state election. Voting 

machines and electronic tabulating systems that have not been approved 

for use may not be used by any municipality.

Me. Rev. Stat. tit. 21-A, § 809

The Secretary of State may make reasonable rules governing the use of 

voting machines in accordance with the Maine Administrative Procedure 

Act.

Me. Rev. Stat. tit. 21-A, § 813

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

The clerk shall test the voting machines using a sample of the ballot 

cards furnished by the Secretary of State in the same manner as set forth 

in section 854 regarding the testing of electronic tabulating equipment.

Me. Rev. Stat. tit. 21-A, § 817-A
41

MARYLAND

State Participation: Requires testing to federal standards/Requires testing by a federally 

accredited laboratory. MD requires that all voting systems be certified 

by an independent testing authority accredited by the EAC to determine 

that the systems satisfy standards adopted by the EAC.

Applicable Statute(s): (2) the voting system has been:

(i) examined by an independent testing laboratory that is approved by the 

U.S. Election Assistance Commission; and

(ii) shown by the testing laboratory to meet the performance and test 

standards for electronic voting systems established by the Federal 

Election Commission or the U.S. Election Assistance Commission; and

Md. Code Ann., Elec. Law § LAW § 9-102 (West)

Applicable 

Regulation(s): 

The voting system vendor shall provide all equipment that was submitted 

for qualification testing and is necessary for the evaluation agent to fully 

test all system functions. Equipment shall include:

A. Optical scanners for precinct voting and central count optical scanners 

for absentee and provisional voting;

B. Any voting equipment and assistive devices for use by voters with 

disabilities;

C. Optical scan ballots for testing under COMAR 33.09.04.01C;

D. Election management server software;

E. All third-party software required to operate the system; and

F. All necessary ancillary equipment.

Md. Code Regs. 33.09.03.08
42

State Certification 

Process: 

(b) The State Board shall adopt regulations for the review, certification, 

and decertification of voting systems.

Md. Code Ann., Elec. Law § LAW § 9-102 (West)

(d) The State Board may not certify a voting system unless the State 

Board determines that:

MD ELEC LAW § 9-102

(2) the voting system has been:

(i) examined by an independent testing laboratory that is approved by the 

U.S. Election Assistance Commission; and

(ii) shown by the testing laboratory to meet the performance and test 

standards for electronic voting systems established by the Federal 

Election Commission or the U.S. Election Assistance Commission;

MD ELEC LAW § 9-102
43

MASSACHUSETTS

State Participation: Requires testing to federal standards/Requires testing by a federally 

accredited laboratory. MA requires that voting systems are certified by 

an independent testing authorities according to federal voting system 

standards, and then examined by the state secretary.

Applicable Statute(s): The state secretary shall examine all types of voting equipment including 

ballot boxes, counting apparatus, and voting machines and determine 

whether such equipment complies with the minimum requirements for 

such equipment imposed by law and whether the use of such equipment 

would further the efficient administration of elections.

Mass. Gen. Laws Ann. ch. 54, § 32 (West)

Applicable 

Regulation(s): 

“The state secretary shall decide whether to approve all types of voting 

equipment according to the following schedule... (3) No electronic 

voting system and no direct electronic voting machine may be approved 

after January 1, 1992 that does not meet the voting system standards 

adopted by the Federal Election Commission on February 5, 1990, as 

they may be amended from time to time, and that has not been tested by 

an independent test authority to confirm compliance.

950 Mass. Code Regs. 50.03

State Certification 

Process: 

Submission of voting equipment to the Secretary consists of:

(1) Submission of detailed specifications, including proof of compliance 

with 950 CMR 50.03(3).

(2) Office demonstration of the equipment.

(3) Field test in at least two elections in one or more communities 

according to the discretion of the Secretary.

These requirements may be modified at the Secretary's discretion. In all 

of this procedure the Secretary shall determine whether the equipment 

meets the standards for voting equipment as specified in 950 CMR 

50.02. The Secretary subject to appropriation may employ not more than 

three individuals who are experts in one or more of the fields of data 

processing, mechanical engineering and public administration to help 

him make this determination.

950 Mass. Code Regs. 50.04
44

MICHIGAN

State Participation: Requires testing by a federally accredited laboratory. MI requires 

that voting systems are certified by an independent testing authority 

accredited by NASED and the board of state canvassers. 

Applicable Statute(s): “(1) An electronic voting system shall not be used in an election unless it 

is approved by the board of state canvassers as meeting the requirements 

of sections 7941 and 7952 and instructions regarding recounts of ballots 

cast on that electronic voting system that have been issued by the 

secretary of state, unless section 797c3 has been complied with, and 

unless it meets 1 of the following conditions:

(a) Is certified by an independent testing authority accredited by the 

national association of state election directors and by the board of state 

canvassers.

Mich. Comp. Laws Ann. § 168.795a (West)

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

(b) In the absence of an accredited independent testing authority, is 

certified by the manufacturer of the voting system as meeting or 

exceeding the performance and test standards referenced in subdivision 

(a) in a manner prescribed by the board of state canvassers.

(2) The vendor or representative seeking approval of an electronic voting 

system shall do all of the following:

(a) Deposit with the secretary of state a nonrefundable application fee of 

$1,500.00 for a new voting system and a fee of $500.00 for an upgrade 

to any existing system.

(b) File with the secretary of state a list of all states in which the voting 

system has been approved for use. This list shall state how long the 

system has been used in the state and shall disclose any reports compiled 

by any state or local government concerning the performance of the 

system. The vendor shall remain responsible for filing this information 

on an ongoing basis.

(c) File with the secretary of state copies of all standard contracts and 

maintenance agreements used in connection with the sale of the voting 

system. All changes to standard contracts and maintenance agreements 

shall be filed with the secretary of state.

(d) Pay the cost for any field test required by the board of state 

canvassers.

Mich. Comp. Laws Ann. § 168.795a (West)
45

MINNESOTA

State Participation: Requires testing by a federally accredited laboratory/Requires 

federal certification. MN requires its voting systems to be certified by 

an independent testing authority accredited by the Election Assistance 

Commission, or a federal agency, and approved by the Secretary of 

State. 

Applicable Statute(s): Subd. 6. Required certification. In addition to the requirements in 

subdivision 1, a voting system must be certified by an independent 

testing authority accredited by the Election Assistance Commission or 

appropriate federal agency responsible for testing and certification of 

compliance with the federal voting systems guidelines at the time of 

submission of the application required by subdivision 1 to be in 

conformity with voluntary voting system guidelines issued by the 

Election Assistance Commission or other previously referenced agency. 

The application must be accompanied by the certification report of the 

voting systems test laboratory. A certification under this section from an 

independent testing authority accredited by the Election Assistance 

Commission or other previously referenced agency meets the 

requirement of Minnesota Rules, part 8220.0350, item L. A vendor must 

provide a copy of the source code for the voting system to the secretary 

of state. A chair of a major political party or the secretary of state may 

select, in consultation with the vendor, an independent third-party 

evaluator to examine the source code to ensure that it functions as 

represented by the vendor and that the code is free from defects. A major 

political party that elects to have the source code examined must pay for 

the examination. Except as provided by this subdivision, a source code 

that is trade secret information must be treated as nonpublic information, 

according to section 13.37. A third-party evaluator must not disclose the 

source code to anyone else.

Minn. Stat. Ann. § 206.57 (West)

Applicable 

Regulation(s): 

After an electronic voting system has been certified by the secretary of 

state, the hardware and software necessary to operate the voting system, 

tabulate votes, and prepare ballot styles must be reexamined and 

recertified under part 8220.0650, subpart 1, by the secretary of state at 

any time that, in the opinion of the secretary of state, changes in 

Minnesota election law require reexamination of the voting system to 

determine continued compliance.

A modification to hardware or software of an electronic voting system 

which has been certified by the secretary of state must be submitted for 

reexamination and be recertified under part 8220.0650 unless the 
46

modification has been determined to be de minimis by an independent 

testing authority.

The vendor must notify the secretary of state of all de minimis 

modifications, provide the de minimis determination from an 

independent testing authority and receive a letter of acceptance of the de 

minimis modifications from the secretary of state before the modified 

electronic voting system may be used in an election

Minn. R. 8220.0700

State Certification 

Process: 

Subdivision 1. Examination and report by secretary of state; 

approval. A vendor of an electronic voting system may apply to the 

secretary of state to examine the system and to report as to its 

compliance with the requirements of law and as to its accuracy, 

durability, efficiency, and capacity to register the will of voters. The 

secretary of state or a designee shall examine the system submitted and 

file a report on it in the Office of the Secretary of State. Examination is 

not required of every individual machine or counting device, but only of 

each type of electronic voting system before its adoption, use, or 

purchase and before its continued use after significant changes have been 

made in an approved system. The examination must include the ballot 

programming; electronic ballot marking, including all assistive 

technologies intended to be used with the system; vote counting; and 

vote accumulation functions of each voting system.

If the report of the secretary of state or the secretary's designee concludes 

that the kind of system examined complies with the requirements of 

sections 206.55 to 206.90 and can be used safely, the system shall be 

deemed approved by the secretary of state, and may be adopted and 

purchased for use at elections in this state. A voting system not approved 

by the secretary of state may not be used at an election in this state. The 

secretary of state may adopt permanent rules consistent with sections 

206.55 to 206.90 relating to the examination and use of electronic voting 

systems.

Minn. Stat. Ann. § 206.57 (West)
47

MISSISSIPPI

State Participation: Baseline HAVA requirements. MS statute refers to Federal Agencies 

or Standards but does not fall into categories.

Applicable Statute(s): The board of supervisors of each county and the governing authorities of 

each municipality shall use optical mark reading equipment or direct 

recording electronic voting equipment that complies with the 

specifications provided by law. The election commissioners may 

conduct special and municipal elections, as well as any necessary runoff 

elections, by paper ballot when the election commissioners determine 

that administration of an election by paper ballot will be less expensive 

than administration of the same election by optical mark reading 

equipment or direct recording electronic voting equipment.

Miss. Code. Ann. § 23-15-391 (West)

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

The board of supervisors of each county and the governing authorities of 

each municipality are hereby authorized and empowered, in their 

discretion, to purchase or rent DRE units that meets the requirements of 

subsection (2) of this section and may use such system in all or a part of 

the precincts within its boundaries. The provisions of this chapter shall

be controlling with respect to elections in which a DRE unit is used, and 

shall be liberally construed so as to carry out the purpose of this chapter. 

The provisions of the election law relating to the conduct of elections 

with paper ballots, insofar as they are applicable, shall apply.

Miss. Code. Ann. § 23-15-531.1 (West)
48

MISSOURI

State Participation: Requires testing to federal standards/Requires testing by a federally 

accredited laboratory. MO requires that voting systems are certified by 

independent testing authorities according to the voting system standards 

adopted by a federal election authority, and ultimately approved by the 

secretary of state.

Applicable Statute(s): (10) Has been tested and is certified by an independent authority that 

meets the voting system standards developed by the Federal Election 

Commission or its successor agency. The provisions of this subdivision 

shall not be required for any system purchased prior to August 28, 2002. 

Mo. Ann. Stat. § 115.225 (West)

Applicable 

Regulation(s): 

“As a prerequisite to approval from the secretary of state, each 

manufacturer or supplier of electronic voting systems or equipment shall 

have completed and submitted to the secretary of state a certification 

statement in substantially the same form as contained in section (5), and 

shall have received certification from an independent testing authority 

approved by the secretary of state.

Mo. Code Regs. Ann. tit. 15, § 30-10.020

State Certification 

Process: 

No electronic voting system shall be approved unless it:

(10) Has been tested and is certified by an independent authority that 

meets the voting system standards developed by the Federal Election 

Commission or its successor agency. The provisions of this subdivision 

shall not be required for any system purchased prior to August 28, 2002.

3. The secretary of state shall promulgate rules and regulations to allow 

the use of a computerized voting system. The procedures shall provide 

for the use of a computerized voting system with the ability to provide a 

paper audit trail. Notwithstanding any provisions of this chapter to the 

contrary, such a system may allow for the storage of processed ballot 

materials in an electronic form.

Mo. Ann. Stat. § 115.225 (West)
49

MONTANA

State Participation: Baseline HAVA requirements. The Secretary of State determines the 

regulations of the certification of voting systems in MT. 

Applicable Statute(s): (1) The secretary of state may prescribe rules for the submission of 

voting systems for examination and additional requirements for approval 

of voting systems.

(2) The secretary of state shall prescribe rules for the complete 

procedures necessary to use each type of voting system now approved 

for use in this state and for each type of system approved for use under 

the provisions of this chapter.

Mont. Code Ann. § 13-17-107 (West)

Applicable 

Regulation(s): 

(1) The secretary of state is empowered under 13-17-101, MCA, to 

approve voting machines and devices.

Mont. Admin. R. 44.3.1701

State Certification 

Process: 

(1) A voting system may not be used for any election in this state unless 

the system is approved by the secretary of state as provided in this 

section.

(2) The secretary of state shall:

(a) examine a voting system proposed for use to determine if it complies 

with the requirements of 13-17-103;

(b) within 30 days after examining the voting system, file a report of the 

examination in the secretary of state's office;

(c) include in the report the reasons for the voting system's approval or 

disapproval and the secretary of state's opinion about the economic and 

procedural impact that the voting system's use or nonuse may have on 

the various counties of this state; and

(d) within 5 days after filing the report, transmit to each election 

administrator, including school election administrators for elections 

under Title 20, chapter 20, a copy of the report.

(3) Voting systems may not be used in an election unless approved by 

the secretary of state 60 days or more prior to the election at which they 

will be used.

Mont. Code Ann. § 13-17-101 (West)
50

(1) To the extent that funds are available, the secretary of state may 

compensate qualified technicians and advisers to assist in carrying out 

the secretary of state's duties required by 13-17-101.

(2) An entity submitting a voting system for examination shall pay to the 

secretary of state certain costs connected with the examination based on 

an agreement reached between the two parties.

Mont. Code Ann. § 13-17-102 (West)
51

NEBRASKA

State Participation: Baseline HAVA requirements. The Secretary of State determines the 

rules and regulations for certification of voting systems, notwithstanding 

any other provisions in the state Election Act. 

Applicable Statute(s): (2) No electronic voting system shall be used under the Election Act.

(3) Any new voting or counting system shall be approved by the 

Secretary of State prior to use by an election commissioner or county 

clerk. The Secretary of State may adopt and promulgate rules and 

regulations to establish different procedures and locations for voting and 

counting votes pursuant to the use of any new voting or counting system. 

The procedures shall be designed to preserve the safety and 

confidentiality of each vote cast and the secrecy and security of the 

counting process, to establish security provisions for the prevention of 

fraud, and to ensure that the election is conducted in a fair manner.

Neb. Rev. Stat. Ann. § 32-1041 (West)

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

Any election commissioner or county clerk using a vote counting device 

to count ballots in a centralized location shall:

(1) Provide for the proper sealing of the containers and the security of 

the ballots when transported from each polling place to the centralized 

location and when removed from their containers and delivered to the 

personnel who operate the vote counting devices;

Neb. Rev. Stat. Ann. § 32-1049 (West)
52

NEVADA

State Participation: Requires testing to federal standards/Requires testing by a federally 

accredited laboratory. NV requires that all voting systems be certified 

by the Voting System Certification and Laboratory Accreditation 

Program of the U.S. Election Assistance Commission, meeting standards 

established by the EAC, and are approved by the Secretary of State. 

Applicable Statute(s): “No mechanical voting system or mechanical recording device may be 

purchased or leased in or used in any election of this State unless the 

system or device is approved by the Secretary of State.” NV Rev Stat §

293B. 1045 (2019)

“No mechanical voting system may be used in this State unless it meets 

or exceeds the standards for voting systems established by the United 

States Election Assistance Commission.” NV Rev Stat § 293B.063

(2019)

Applicable 

Regulation(s): 

“Before each election cycle for federal office, in accordance with 

procedures established by the Secretary of State, each county clerk shall 

certify that: (a) The software used to tabulate ballots; and (b) The 

operating systems, including, without limitation, software and firmware, 

installed on each mechanical recording device, have been certified by the 

Voting System Certification and Laboratory Accreditation Program of 

the Election Assistance Commission established pursuant to 42 U.S.C. § 

15321.” NAC 293B.110 (2017)

State Certification 

Process: 

The Secretary of State accepts applications from any person who owns 

or has interest in a mechanical voting system. The Secretary of State will 

approve or disapprove the voting system within 120 days after the 

application is submitted. An examiner will be approved by the Secretary 

of State to examine mechanical voting system. Any cost for the 

independent examination of a mechanical voting system must be paid by 

the person who submits the application. The Secretary of State will 

approve a mechanical voting system if: (1) a report is made stating that 

the system or device can be used safely in this State; and (2) The 

Secretary of State determines after independently examining the system 

that it can be used safely in this State. Per NV Rev Stat § 293B.150 and 

NV Rev Stat § 293B.140 (2019), county/city clerks shall also appoint 

three persons (not more than two of the same political party) to serve as 

an accuracy certification board to test voting devices within two weeks 

before the first day of early voting.
53

NEW HAMPSHIRE

State Participation: Baseline HAVA requirements. The Ballot Law Commission 

determines the rules for the certification of voting systems in NH. 

Applicable Statute(s): The ballot law commission shall act as a board to examine devices for 

the electronic counting of ballots. The commission shall, whenever 

requested, examine any device which may be capable of meeting the 

requirements for elections held in this state and shall, at least every 5 

years, review current and new devices to determine whether the devices 

require upgrading. The commission, after such review, shall file an 

explanatory report with the secretary of state within 30 days of its 

determination that outlines the basis for its determination, taking into 

account such factors as hardware and software standards, policies and 

procedures, security requirements, and usability. The commission shall 

approve a device upon request in its discretion, and no device shall be 

used in any election in this state unless it reads the voter's choice on a 

paper ballot and is of a type so approved by the ballot law commission. 

Any device that is altered must be re-approved before it is used in any 

election in this state. For the purposes of this section, a device shall be 

considered altered if any mechanical or electronic part, hardware, 

software, or programming has been altered.

N.H. Rev. Stat. Ann. § 656:41

II. Consistent with the rules of the ballot law commission the secretary 

of state shall include protocols for the testing of electronic ballot 

counting devices in the election manual authorized by RSA 652:22. Each 

device shall be tested after installation and prior to each election.

N.H. Rev. Stat. Ann. § 656:42

Applicable 

Regulation(s): 

Any person desiring to have the ballot law commission approve the use 

of a voting machine or other device not previously approved may submit 

a written application for approval to the commission. The request shall 

include the name of the manufacturer, model number and other 

information to identify the device. 

N.H. Code Admin. R. Bal 608.01
54

State Certification 

Process: 

The commission shall approve the request following a public hearing if 

the commission finds that adequate safeguards have been provided to 

ensure the integrity of election results and the machine or device 

complies with these rules and the election laws of the State of New 

Hampshire.

N.H. Code Admin. R. Bal 608.01
55

NEW JERSEY

State Participation: Baseline HAVA requirements. The Secretary of State determines the 

regulations for the certification of voting systems in New Jersey. 

Applicable Statute(s): Any person or corporation owning or being interested in any voting 

machine may apply to the Secretary of State to examine such machine. 

Before the examination the applicant shall pay to the Secretary of State 

an examination fee of four hundred fifty dollars ($450.00). The Secretary 

of State within a period of thirty days shall examine the machine and 

shall make and file in the office of the Secretary of State his report of the 

examination, which report shall state whether in his opinion the kind of 

machine so examined can be safely used by the voters at elections under 

the conditions prescribed in this subtitle. If the report states the machine 

can be so used, it shall be deemed approved, and machines of its kind 

may be adopted for use at elections as herein provided.

N.J. Stat. Ann. § 19:48-2 (West)

No voting device shall be used in an election in this State unless in 

combination with automatic tabulating equipment used to count and 

tabulate ballots it meets the requirements in section 3 of this act,1 and has 

been approved by the Secretary of State, or other person, agency or 

board charged with the examination and approval of voting machines. 

When such device has been approved, any improvement or change 

which does not impair its accuracy, efficiency, or ability to meet such 

requirements shall not require a reexamination or reapproval thereof.

NJ ST 19:53A-4

Applicable 

Regulation(s): 

(a) Any entity owning, or having an interest in, any e-poll book system 

may apply to the Secretary of State for approval of an e-poll book system 

for use in the State of New Jersey. The Division of Elections shall 

establish a set of requirements, including information security standards, 

as recommended by the New Jersey Cybersecurity and Communications 

Integration Cell (NJCCIC) in the Office of Homeland Security and 

Preparedness and the Division of Gaming Enforcement (DGE) in the

Department of Law and Public Safety, for the examination and testing, 

as well as set appropriate fees for costs associated therewith, of any epoll book system to confirm that the e-poll book system meets all system 

and security requirements. The DGE shall invoice the e-poll book system 

vendor for the fees for costs associated with the examination and testing 

of the e-poll book system, and the vendor shall be responsible for the 
56

payment thereof. At the completion of any examination and testing 

pursuant to this section, and after the vendor's payment of the fees for 

costs associated with the examination and testing of the e-poll book 

system, the Secretary of State shall determine whether, in the Secretary's 

opinion (pursuant to N.J.A.C. 15:10–7.6), the e-poll book system can be 

safely used by the voters at elections under the conditions prescribed in 

this subchapter. If the Secretary determines that the e-poll book system 

can be so used, the Secretary shall issue a certificate of approval. Any epoll book system not so approved shall not be used at any election.

N.J. Admin. Code § 15:10-7.4

State Certification 

Process: 

Any person or corporation owning or being interested in any voting 

machine may apply to the Secretary of State to examine such machine. 

Before the examination the applicant shall pay to the Secretary of State 

an examination fee of four hundred fifty dollars ($450.00). The Secretary 

of State within a period of thirty days shall examine the machine and 

shall make and file in the office of the Secretary of State his report of the 

examination, which report shall state whether in his opinion the kind of 

machine so examined can be safely used by the voters at elections under 

the conditions prescribed in this subtitle. If the report states the machine 

can be so used, it shall be deemed approved, and machines of its kind 

may be adopted for use at elections as herein provided.

Before making such report the Secretary of State shall require the voting 

machine to be examined by three examiners to be appointed for such 

purpose by him, one of whom shall be an expert in patent law and the 

other two mechanical experts, and shall require of them a written report 

on such machine, which the Secretary of State shall attach to his own 

report on the machine. Each examiner shall receive one hundred fifty 

dollars ($150.00) for his compensation and expenses in making an 

examination and report as to each voting machine examined by him from 

and out of the examination fee of four hundred fifty dollars ($450.00).

Neither the Secretary of State nor any examiner shall have any pecuniary 

interest in any voting machine. When the machine has been so approved, 

any improvement or change that does not impair its accuracy, efficiency, 

or capacity, shall not render necessary a re-examination or reapproval 

thereof. Any form of voting machine not so approved cannot be used at 

any election.

The certificate of approval, or a certified copy thereof, shall be 

conclusive evidence that the kind of machine so examined complies with 

the provisions of this subtitle, except that the action of the Secretary of 

State in approving such machine may be reviewed by the Superior Court 

in a proceeding in lieu of prerogative writ.

N.J. Stat. Ann. § 19:48-2 (West)
57

NEW MEXICO

State Participation: Requires testing by a federally accredited laboratory. NM Statute 

requires that all voting systems are to be tested by an independent 

authority and comply with the most recent voluntary voting system 

guidelines (VVSG) adopted by the EAC. The secretary of state provides 

for this testing and evaluation.

Applicable Statute(s): A. The secretary of state shall provide for the testing and evaluation of 

voting systems designed for the purpose of recording and tabulating 

votes within polling places in New Mexico. All voting systems certified 

for use in the state shall be tested by an independent authority and shall 

comply with all requirements in the Election Code and the most recent 

voluntary voting system guidelines adopted and implemented by the 

United States election assistance commission.

N.M. Stat. Ann. § 1-9-14 (West)

Applicable 

Regulation(s): 

A. First, Section 1-9-1 NMSA 1978 directs the Secretary of State to 

study, examine, and approve all voting machines used in elections for 

public office in New Mexico.

B. Second, Section 1-9-14 NMSA 1978 directs the Secretary of State to

(1) test and evaluate internal computers designed for the purpose of 

recording and tabulating votes within polling places in New Mexico;

(2) upon completion of all tests and examinations of all test reports, the 

Secretary of State shall make a written report of the results of the 

Findings of the Secretary of State's recommendations regarding the 

suitability and reliability of such equipment in the conduct of elections 

under the Election Code and the report shall be a public record; and

(3) the Secretary of State shall prescribe by regulation promulgated 

under the provisions of the State Rules Act specifications for internal 

computers designed for the purpose of providing a uniform system of 

internal computers for recording and tabulating votes within polling 

places.

N.M. Admin. Code 1.10.20.3
58

State Certification 

Process: 

A. The secretary of state shall provide for the testing and evaluation of 

voting systems designed for the purpose of recording and tabulating 

votes within polling places in New Mexico. All voting systems certified 

for use in the state shall be tested by an independent authority and shall 

comply with all requirements in the Election Code and the most recent 

voluntary voting system guidelines adopted and implemented by the 

United States election assistance commission.

B. Any person who has a voting system that is designed for the purpose 

of recording and tabulating votes within a polling place may apply on or 

before June 1 of any odd-numbered year to the secretary of state to have 

the equipment examined and tested for certification. At the time 

application is made for initial certification, the applicant shall pay for 

testing each system in an amount that reflects the actual cost of such test. 

Upon receipt of the application, the secretary of state shall examine and 

study the voting system to ensure that it complies with all requirements 

in the Election Code and the most recent voluntary voting system 

guidelines adopted and implemented by the United States election 

assistance commission. As part of the examination, the secretary of state 

shall require the system to be independently inspected by persons or 

testing laboratories technically qualified to evaluate and test the 

operation and component parts of voting systems and shall require a 

written report on the results of such testing. The secretary of state may 

authorize field testing of the equipment in one or more polling places in 

any state or local government election; provided that such field tests 

shall be conducted at no cost to the state or any local government.

C. Upon completion of all tests and examination of all written test 

reports, the secretary of state shall make a written report of the result of 

the findings and shall file that report, together with the written test 

reports, in the office of the secretary of state and post them on the 

secretary of state's website. The secretary of state shall accept public 

comment during the twenty-one days following the filing of the written 

report.

D. Following the period of public comment, the secretary of state shall 

submit the filed reports and any public comments for consideration by 

the voting system certification committee. The voting system 

certification committee shall make recommendations regarding the 

suitability and reliability of the use of such equipment in the conduct of 

elections under the Election Code.

E. The voting system certification committee shall recommend that a 

voting system be certified for use in the state only if it complies with all 

requirements in the Election Code and the most recent voluntary voting 

system guidelines adopted and implemented by the United States 

election assistance commission.

F. If the voting system certification committee report finds that the 

voting system does not comply with all requirements in the Election 
59

Code or does not meet federal election standards, the secretary of state 

shall allow thirty days for an appeal of the findings to be filed or for the 

deficiencies to be corrected, following which the secretary of state shall 

report back to the voting system certification committee with a written 

final report.

N.M. Stat. Ann. § 1-9-14 (West)
60

NEW YORK

State Participation: Requires testing to federal standards. NY requires approval of voting 

systems by the state board of elections provided they meet the 

requirements of the EAC’s 2005 Voluntary Voting System Guidelines.

Applicable Statute(s): 1. Any person or corporation owning or being interested in any voting 

machine or system may apply to have the state board of elections 

examine such machine or system. Such applicant shall pay to the board 

before the examination a fee equal to the cost of such examination. The 

state board of elections shall cause the machine or system to be 

examined and a report of the examination to be made and filed in the 

office of the state board. Such examination shall include a determination 

as to whether the machine or system meets the requirements of section 7-

202 of this title and a thorough review and testing of any electronic or 

computerized features of the machine or system. Such report shall state 

an opinion as to whether the kind of machine or system so examined can 

safely and properly be used by voters and local boards of elections at 

elections, under the conditions prescribed in this article and the 

requirements of the federal Help America Vote Act. If the report states 

that the machine or system can be so used, and the board after its own 

examination so determines, in accordance with subdivision four of 

section 3-100 of this chapter, the machine or system shall be deemed 

approved, and machines or systems of its kind may be adopted for use at 

elections as herein provided. The voting machine or system shall be 

examined by examiners or testing laboratories to be selected for such 

purpose by the state board. Each examiner or laboratory shall receive 

compensation and expenses for making an examination and report as to 

each voting machine or system examined by him or it. Neither any 

member of the state board of elections nor any examiner or owner or 

employee of any testing laboratory, shall have any pecuniary interest in 

any voting machine or system. Any form of voting machine or system 

not so approved, cannot be used at any election.

N.Y. Elec. Law § 7-201 (McKinney)

Applicable 

Regulation(s): 

(a) All voting systems used in New York State shall be used in a manner 

consistent with Election Law, these regulations and the United States 

Election Assistance Commission’s 2005 Voluntary Voting System 

Guidelines and any conditions specified in the State Board’s certification 

of the voting system for use in New York elections.

9 CRR-NY 6210.5, 9 CRR-NY 6210.5
61

State Certification 

Process: 

1. The state board of elections shall test every voting machine of a type 

approved after September first, nineteen hundred eighty-six and every 

ballot counting machine to insure that each such machine functions 

properly before such machines may be used in any election in this state.

2. Such testing shall include, but not be limited to, a verification of the 

authenticity and integrity of the resident vote tabulation programming in 

open, encrypted, compiled, assembled, or any other form, in each voting 

machine of such types, by comparison of such resident vote tabulation 

programming with the programming which was in the machine of such 

type which was approved for use in this state and the recording of at 

least eight hundred votes on each such voting machine and a sufficient 

number of votes on each such ballot counting machine, by a method 

which may be mechanical or electronic, to determine if such machine 

accurately records such votes.

3. At least annually, the board of elections of each county in which any 

such voting or ballot counting machines are in use shall test each such 

machine in a manner prescribed by the state board of elections under 

conditions supervised by such state board. Such tests shall include, but 

not be limited to the tests required by subdivision two of this section.

4. Upon the discovery of a discrepancy during the recanvass required by 

subdivision three of section 9-208 of this chapter, the ballot scanner shall 

be retested pursuant to 9 NYCRR 6210.2. No ballot scanner shall be 

returned to service until any such discrepancy has been resolved

N.Y. Elec. Law § 7-206 (McKinney)
62

NORTH CAROLINA

State Participation: Requires testing by a federally accredited laboratory/Requires 

federal certification. North Carolina requires that its voting systems are 

compliant with Section 301 of HAVA and certified by an independent 

testing authority approved by NASED or a federal agency. 

Applicable Statute(s): (b) Federal Assistance.--The State Board may use guidelines, 

information, testing reports, certification, decertification, recertification, 

and any relevant data produced by the Election Assistance Commission, 

its Standards Board, its Board of Advisors, or the Technical Guidelines 

Development Committee as established in Title II of the Help America 

Vote Act of 2002 with regard to any action or investigation the State 

Board may take concerning a voting system. The State Board may use, 

for the purposes of voting system certification, laboratories accredited by 

the Election Assistance Commission under the provisions of section 

231(2) of the Help America Vote Act of 2002.

N.C. Gen. Stat. Ann. § 163-165.7

Applicable 

Regulation(s): 

“Any voting system used in any election in North Carolina shall be 

constructed to.... (15) it shall meet current Federal Voting System 

Standards or other applicable Federal Standards;

8 N.C. Admin. Code 4.0301

“Before approving a voting system for use in North Carolina, the State 

Board of Elections shall ... Obtain a copy of Independent Testing 

Authority certification as authorized by National Association of State 

Elections Directors or Federal Agency;

8 N.C. Admin. Code 4.0302
63

State Certification 

Process: 

As part of the certification requirements, the State Board of Elections 

shall address the mandatory terms of the contract for the purchase of the 

voting system and the maintenance and training related to that voting 

system.

(b) Federal Assistance.--The State Board may use guidelines, 

information, testing reports, certification, decertification, recertification, 

and any relevant data produced by the Election Assistance Commission, 

its Standards Board, its Board of Advisors, or the Technical Guidelines 

Development Committee as established in Title II of the Help America 

Vote Act of 2002 with regard to any action or investigation the State 

Board may take concerning a voting system. The State Board may use, 

for the purposes of voting system certification, laboratories accredited by 

the Election Assistance Commission under the provisions of section 

231(2) of the Help America Vote Act of 2002.

N.C. Gen. Stat. Ann. § 163-165.7
64

NORTH DAKOTA

State Participation: Requires testing by a federally accredited laboratory. ND requires 

that its voting systems are tested by an EAC accredited independent 

testing authority and approved by the secretary of state.

Applicable Statute(s): 1. The secretary of state may adopt rules according to subsection 3 of 

section 16.1-01-01 for certifying and decertifying voting systems 

authorized in section 16.1-06-11, including any software, hardware, and 

firmware components used as a part of a voting system device for use 

and procurement in the state. The rules may:

a. Establish criteria and standards with which all voting systems must 

comply.

b. Describe the procedures for voting systems, any single device of a 

voting system, and any update and enhancement made to them, to be 

certified and decertified for procurement and use in the state.

c. Define what constitutes a vote on each voting system which has been 

certified for procurement in the state.

d. Describe the procedures for the secretary of state to follow when 

defining what constitutes a vote on any new voting system, any single 

device of a voting system, and any update and enhancement made to 

them.

2. A voting system, a single device of a voting system, and an update 

and enhancement made to them, in use by a county before August 1, 

2003, must be reviewed by the secretary of state according to rules 

adopted under this section by April 1, 2004, and must meet the 

requirements of the rules, or must be replaced by another voting system, 

a single device of a voting system, and an update and enhancement made 

to them, meeting the requirements of the rules by January 1, 2006.

N.D. Cent. Code Ann. § 16.1-06-26 (West)

Applicable 

Regulation(s): 

“Prior to procurement and subsequent use in this state, a company 

supplying electronic voting systems shall give written notice to the 

secretary of state and provide a demonstration certifying that its system 

complies with applicable laws and is certified by a voting system test 

laboratory accredited by the EAC. If the secretary of state approves the 

voting system, the secretary of state shall issue a certificate of approval. 

Any substantive changes or modifications in electronic voting systems 

may be certified by the secretary of state with or without the 

demonstration described in this section for initial approval provided that 
65

the modified system has been certified by a voting system test laboratory 

accredited by the EAC.” ND Admin. Code 72-06-01-02 (2020)

State Certification 

Process: 

A company supplying electronic voting systems will give written notice 

to the Secretary of State and provide a demonstration certifying that the 

voting systems comply with applicable laws and is certified by an 

independent testing authority accredited by the EAC as fulfilling the 

requirements of the EAC voluntary voting system guidelines. If the 

Secretary of State approves the voting system, the Secretary of State 

shall issue a certificate of approval. ND Admin. Code 72-06-01-02 

(2020)
66

OHIO

State Participation: Requires federal certification. OH requires that its voting systems are 

tested by a federally accredited testing authority that is compliant with 

EAC standards. 

Applicable Statute(s): “(H)(1) The secretary of state, in consultation with the board of voting 

machine examiners, shall establish, by rule, guidelines for the approval, 

certification, and continued certification of the voting machines, marking 

devices, tabulating equipment, and electronic pollbooks to be used under 

Title XXXV of the Revised Code. The guidelines shall establish 

procedures requiring vendors or computer software developers to place 

in escrow with an independent escrow agent approved by the secretary 

of state a copy of all source code and related documentation, together 

with periodic updates as they become known or available. The secretary 

of state shall require that the documentation include a system 

configuration and that the source code include all relevant program 

statements in low- or high-level languages. As used in this division, 

“source code” does not include variable codes created for specific 

elections.

Ohio Rev. Code Ann. § 3506.05 (West)

Applicable 

Regulation(s): 

“No voting machine shall be approved by the board of voting machine 

examiners or certified by the secretary of state, or be purchased, rented, 

or otherwise acquired, or used, except when specifically allowed for 

experimental use, unless it fulfills the following requirements: (15) The 

equipment has been certified by an independent testing authority as 

meeting or exceeding the minimum requirements of the election 

assistance commission voting system standards.” Ohio Admin. Code 

111:3-9-08 (C) (2020)

State Certification 

Process: 

The Secretary of State accepts applications to certify voting systems. 

The applicant must submit all applicable hardware, all current related 

procedural manuals, a current description of all related support 

arrangements for the equipment, an application fee, a detailed 

explanation of the construction and method of operation of the 

equipment, a full statement of the equipment’s advantages, and a list of 

applicable patents and copyrights on the equipment to the board of 

voting machine examiners for examination and testing. The board of 

voting machine examiners prepares and files a report to the Secretary of 

State recommending whether or not the equipment and related materials 

can be used safely by the voters. The Secretary of State makes the final 
67

determination as to whether the equipment is certified. Ohio Admin. 

Code 111:3-9-08(C) and Ohio Rev. Code § 3506.05 (2020)
68

OKLAHOMA 

State Participation: Baseline HAVA requirements. There are no federal requirements in 

Oklahoma regarding standards for adopting and implementing voting 

systems. The Secretary of State Election Board determines the 

regulations for the certification of voting systems. 

Applicable Statute(s): “A. The Secretary of the State Election Board is hereby authorized 

beginning July 1, 1989, to purchase equipment for and implement a 

unitary, unified, integrated system of election administration for the 

State of Oklahoma that includes an electronic data processing system for 

maintenance of voter registration records, certification of election results 

and other election-related applications, and the installation of electronic, 

optical scanning voting devices compatible with the same system in 

every precinct polling place. B. The Secretary of the State Election 

Board is authorized to adopt procedures consistent, insofar as 

practicable, with existing law for implementation of the system. C. 

Except as provided in subsection A, no electronic data processing 

applications shall be implemented by a county election board, nor shall 

voting devices be purchased by a county, except for those electronic data 

processing applications and voting devices already in use or for which a 

contract had been signed by no later than March 31, 1986.” 26 OK Stat.

§ 26-21-101 (2019)

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

The Secretary of State Election Board purchases voting systems and 

adopts the procedures to implement the purchased voting systems. 26 

OK Stat. § 26-21-101 (2019)
69

OREGON

State Participation: Requires testing by a federally accredited laboratory/Requires 

federal certification. Oregon requires that its voting systems must be 

certified by the EAC or be examined by a federally accredited voting 

system testing laboratory (VSTL). 

Applicable Statute(s): “(1)The Secretary of State shall publicly examine all makes of voting 

machines or vote tally systems submitted to the secretary and determine 

whether the machines or systems comply with the requirements of ORS 

246.560. (4) Any voting machine or vote tally system approved by the 

secretary may be used for conducting elections. A machine or system 

rejected by the secretary may not be used at any election. If a machine or 

system is changed after the machine or system has been approved by the 

secretary, the secretary is not required to reexamine or reapprove the 

machine or system if the secretary determines that the change does not 

impair the accuracy, efficiency or capacity of the machine or system.” 

OR Rev Stat. § 246.550 (2019)

Applicable 

Regulation(s): 

“All voting systems submitted for certification pursuant to ORS 246.550 

must be certified by the Elections Assistance Commission (EAC) or be 

examined by a federally accredited voting systems testing laboratory 

(VSTL).” Or. Admin. R. 165-007-0350 (2020)

State Certification 

Process: 

Voting machines are submitted to the Secretary of State for examination. 

The Secretary of State can enlist the help of no more than three 

individuals to assist in the examination process who are experts in one or 

more of the fields; data processing, mechanical engineering, and public 

administration. After completing the examination, the Secretary State 

shall approve or reject the voting machine or tally system no later than 

thirty days after the examination. The Secretary of State may also revoke 

approval. Any voting machine approved by the Secretary of State may 

be used in elections; a machine or system rejected by the Secretary of 

State may not be used in elections. OR Rev Stat. § 246.550 (2019)
70

PENNSYLVANIA 

State Participation: Requires testing by a federally accredited laboratory. Pennsylvania 

requires that its voting systems are approved by a federally recognized 

independent testing laboratory and meet federal voting system standards. 

Applicable Statute(s): “Any person or corporation owning, manufacturing or selling, or being 

interested in the manufacture or sale of, any electronic voting system, 

may request the Secretary of the Commonwealth to examine such system 

if the voting system has been examined and approved by a federally 

recognized independent testing authority and if it meets any voting 

system performance and test standards established by the Federal 

Government.” 25 PA Stat § 3031.5 (2019)

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

The Secretary of State examines voting systems, upon request, once the 

voting systems have received approval by a federally recognized 

independent testing authority. The person(s) requesting the examination 

of the voting system are responsible for the cost of the examination. 

After the examination, the Secretary of State issues a report stating 

whether or not the voting systems are safe and compliant with state and 

federal requirements. If the voting systems are deemed safe and 

compliant by the Secretary of State then the systems may be adopted and 

approved for use in elections by each county through a majority vote of 

its qualified electors. The Secretary of the Commonwealth may, at any 

time, reexamine or decertify a voting system. 25 PA. Stat. Code §§ 

3031.2-5 (2019)
71

PUERTO RICO

State Participation: Baseline HAVA requirements. Puerto Rico requires that its voting 

systems are evaluated by the State Election Commission based on the 

most advanced electronic developments available. 

Applicable Statute(s): “The Commission shall evaluate voting and canvassing systems for 

adoption in Puerto Rico based on the most advanced electronic and 

technological developments available, and file its recommendations to 

this effect with the Office of the Secretary of each Legislative House not 

later than the year following each election. All voting or canvassing 

systems that are tested or implemented shall make evident to the voter 

that his/her vote has been registered, and that the measures to perform a 

manual recount, if necessary, have been adopted.” P.R. Laws tit. 16, § 

4025 (2019)

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

The Commonwealth Commission determines through a resolution which 

voting systems to be used at the polls, and they should be based on “the 

most advanced electronic and technological developments available.”

Once the Commission approves the voting system has been approved, 

the political parties, independent candidates or participating 

organizations are notified through their Representatives. The 

Commonwealth Commission then holds public hearings so citizens can 

state their views on the proposed voting systems, and the resolution will 

be posed in both Spanish and English and in every Permanent 

Registration Board and every City Hall and Internal Revenue Collection 

Office. P.R. Laws tit. 16, § 4025 (2019)
72

RHODE ISLAND

State Participation: Requires testing by a federally accredited laboratory/Requires 

federal certification. RI requires that its voting systems are compliant 

with federal standards and administered by the designated federal agency 

(EAC) or independent testing authority. 

Applicable Statute(s): “The vendor of the precinct-count system shall provide written proof of 

compliance with federal standards then in place and administered by the 

designated federal agency or organization from an independent testing 

company and this written proof must be on file with the office of the 

secretary of state and the state board of elections” RI Gen L § 17-19-3 

(2019)

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

Any vendor seeking for voting system approval must submit a written 

proof of compliance with federal standards administered by the 

designated federal agency or an independent testing company. The 

written proof must be on file with the office of the Secretary of State and 

the State Board of Elections. The Secretary of State and the State Board 

of Elections submit voting system specifications to the Department of 

Administration (DOA). The DOA consults these specifications in the 

development of a request for proposal and a full service contract to 

obtain electronic voting equipment. The DOA then seeks bids from 

vendors for the options of purchasing, leasing to own and renting optical 

scan precinct count voting systems that meet the state and federal 

requirements and for the full services of the vendor. RI Gen L § 17-19-3 

(2019)
73

SOUTH CAROLINA 

State Participation: Requires testing to federal standards/Requires testing by a federally 

accredited laboratory. South Carolina requires that its voting systems 

are certified by an FEC accredited testing laboratory as meeting or 

exceeding the requirements of federal voting system standards. 

Applicable Statute(s): “Before any kind of voting system, including an electronic voting 

system, is used at an election, it must be approved by the State Election 

Commission, which shall examine the voting system and make and file 

in the commission's office a report, attested to by the signature of the 

commission's executive director, stating whether, in the commission's 

opinion, the kind of voting system examined may be accurately and 

efficiently used by electors at elections, as provided by law. A voting 

system may not be approved for use in the State unless certified by a 

testing laboratory accredited by the Federal Election Assistance 

Commission as meeting or exceeding the minimum requirements of 

federal voting system standards.” SC Code § 7-13-1620 (2019)

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

The State Election Commission accepts requests by vendors seeking for 

voting system approval. The State Election Commission examines 

voting systems and writes a report stating whether the kind of voting 

system examined may be accurately and efficiently used at elections. A 

person or company who requests an examination of a voting system shall 

pay a nonrefundable examination fee, file with the State Election 

Commission a list of all states or jurisdictions in which that voting 

system has been approved for use, file with the State Election 

Commission copies of all contracts and maintenance agreements used in 

connection with the sale of the voting system, conduct a field test under 

the supervision of the State Election Commission and any County 

Election Commission, place all source codes for the system in escrow at 

his/her expense with the authority approved by the Election Assistance 

Commission, and shall report to the Director of the State Election 

Commission any violations issued against the voting system that have 

occurred prior to or during the time the vendor seeks approval of the 

voting system. SC Code § 7-13-1620 (2019)
74

SOUTH DAKOTA

State Participation: Requires testing by a federally accredited laboratory. SD requires 

that its voting systems are tested according to 2002 EAC voting system 

standards, certified by an EAC-accredited laboratory, and approved by 

the State Board of Elections. 

Applicable Statute(s): “Each system shall fulfill the requirements for election assistance 

commission standards certification and be approved by the State Board 

of Elections prior to distribution and use in this state. No system may be 

approved unless the system fulfills the requirements as established by the 

State Board of Elections. Any changes or modifications to an approved 

system shall be approved by the State Board of Elections prior to 

distribution and use.” SD Codified L § 12-17B-2 (2019)

Applicable 

Regulation(s): 

Prior to distribution in South Dakota, a company or corporation dealing 

in automatic tabulating or electronic ballot marking systems shall give 

written notice to the state board of elections and demonstrate that its 

system complies with SDCL 12-17B-2 and § 5:02:09:02.01 or 

5:02:09:02.03 and is certified as fulfilling the requirements of the 

Election Assistance Commission 2015 voting system standards by an 

independent test authority accredited by the Election Assistance 

Commission. If the State Board of Elections approves the system, it shall 

issue a certificate of approval.

Any changes or modifications in an approved automatic tabulating or 

electronic ballot marking system may be certified by the State Board of 

Elections with or without the demonstration described in this section for 

initial approval. The modification for the already approved system must 

have been certified as fulfilling the requirements of the Election 

Assistance Commission voting system 2015 standards by an independent 

test authority accredited by the Election Assistance Commission or been 

certified to meet the national standard by another state. Any change or 

modification determined to be de minimis by the independent test 

authority does not need state board of elections certification.

S.D. Admin. R. 5:02:09:020)

State Certification 

Process: 

The Board may only approve voting system that is certified by an EAC 

authorized testing authority, as fulfilling the requirements of the EAC 

2002 Voting System Standards. Any changes in an approved electronic 

voting system are certified by the State Board of Elections provided that 

the modified system is certified as satisfying EAC standards by an EAC 

accredited independent authority. Any governing body can use an 

approved system in all or some of the precincts within its jurisdiction or 
75

in combination with other types of voting systems approved by the State 

Board of elections. S.D. Admin. R. 5:02:09:02 and SD Codified L § 12-

17B-3 (2019)
76

TENNESSEE 

State Participation: Baseline HAVA requirements. TN requires that its voting systems are 

approved by the State Coordinator of Elections and State Election 

Commission. 

Applicable Statute(s): “The state coordinator of elections and the state election commission 

shall approve any voting machine before a county election commission 

purchases such machine.” TN Code § 2-9-117 (2018)

Applicable 

Regulation(s): 

“No county election commission or county governing body shall 

purchase any electronic voting device not certified by the Coordinator of 

Elections with the approval of the State Election Commission.” Tenn. 

Comp. R. & Regs. 1360-2-13.09 (2020) 

State Certification 

Process: 

The Coordinator of Elections and the State Election Commission accept 

and either approve or deny applications for the certification of voting 

systems. Until approval is given, no county election commission and/or 

county governing body can purchase that voting system. At least every 8 

years after 2002, the state coordinator of election and the State Election 

Commission reexamine voting machines to ensure they still meet the 

criteria for certification. If a machine is not certified, the relevant county 

election commission has two years to purchase and implement new 

machines that are certified. Tenn. Comp. R. & Regs. 1360-2-13.06

(2020); see also TN Code § 2-9-117 (2018)
77

TEXAS

State Participation: Requires federal certification. TX requires that its voting systems meet 

the current FEC standards as well as state requirements.

Applicable Statute(s): “A voting system may not be used in an election unless the system: (3) 

operates safely, efficiently, and accurately and complies with the error 

rate standards of the voting system standards adopted by the Federal 

Election Commission...” TX Elec Code § 122.01 (2019)

Applicable 

Regulation(s): 

“For any voting machine ... to be certified for use in Texas elections, the 

system shall have been certified, if applicable, by means of a qualified 

testing by a Nationally Recognized Test Laboratory (NTRL) and shall 

meet or exceed the minimum requirements set forth in the Performance 

and Test Standards for Punch Card, Mark Sense, and Direct Recording 

Electronic Voting Systems, or in any successor voluntary standard 

document developed and promulgated by the FEC.” 1 TX Admin. Code

§ 81.61 (2019)

State Certification 

Process: 

The Secretary of State accepts applications to examine and certify voting 

systems and appoints four people to examine the voting system. While 

the Attorney General appoints two people as examiners. Each examiner 

inspects the voting system and submits a report to the Secretary of State. 

The Secretary of State will conduct a public hearing to provide interested 

persons an opportunity to express their views for or against the approval 

of the voting system. Following the public hearing, the Secretary of State 

shall prepare a written report stating why the voting system was 

approved or denied. 1 TX Admin. Code § 81.61 (2019)

Note: Texas requires EAC certification as a baseline and conducts an additional examination. 

The statute doesn’t clearly state that, but this is information that the Texas SOS has provided.
78

UTAH

State Participation: Requires testing by a federally accredited laboratory/Requires 

federal certification. UT requires that its electronic voting systems are 

certified by the EAC or a laboratory that has been accredited by the 

EAC.

Applicable Statute(s): “The lieutenant governor may comply with the requirements of 

Subsection (2)(a) by certifying voting equipment that has been certified 

by: (i) the United States Election Assistance Commission; or (ii) a 

laboratory that has been accredited by the United States Election 

Assistance Commission to test voting equipment.” UT Code § 20A-5-

802 (2018)

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

Before selecting or purchasing new voting systems, the Lieutenant 

Governor will appoint a Voting Equipment Selection Committee, whose 

members have experience in election procedures, security, and relevant 

technology. The Lieutenant Governor will select a chair from the 

committee membership, and the committee will evaluate new voting 

systems proposed for purchase by the state and provide information to 

assist the Lieutenant Governor with the selection of new voting systems.

The Lieutenant Governor may designate individuals, including 

committee members, to inspect and review proprietary software as part 

of an evaluation of new voting systems. Before making a purchase, he or 

she will also provide for a period of public review of new voting systems 

under consideration for adoption by the state. UT Code § 20A-5-803 

(2018)
79

VERMONT

State Participation: Baseline HAVA requirements. The Secretary of State determines the 

regulations for the certification of voting systems in VT.

Applicable Statute(s): “The secretary of state shall adopt rules governing the use and the 

selection of any voting machine in the state.” 17 V.S.A. § 2493 (2019)

Applicable 

Regulation(s): 

“Prior certification of a vote tabulator by the Secretary of State shall be 

required before entry into any contract with a vote tabulator vendor. 

Selection of vote tabulators for the state of Vermont shall follow the 

standard procurement process for all state contracts ... The Secretary of 

State shall require that all vote tabulators certified for use in the state be 

independently tested using security testing protocols that are generally 

accepted at the time of application for certification.” CVR 04-010-001 

(2020)

State Certification 

Process: 

(1) All municipalities that have voted to use a vote tabulator shall 

use a uniform vote tabulator approved by the Secretary of State.

(2) The Secretary of State shall provide for the security of vote 

tabulators at all times. Vote tabulators, not including the ballot box 

portion, shall be locked in a vault or a secure location at all times when 

not in use. 17 V.S.A. § 2491-2493 (2019)
80

VIRGINIA

State Participation: Requires testing to federal standards. VA requires that its electronic 

voting systems meet federal requirements and are approved by the State 

Board of Elections.

Applicable Statute(s): “After its examination of the equipment, ballots, and other materials 

submitted by the vendors, the Board shall prepare and file in its office a 

report of its finding as to...(viii) whether the system meets federal 

requirements; and (x) whether, in the opinion of the Board, the potential 

for approval of such system is such as to justify further examination and 

testing.” VA Code § 24.2-629 (2019)

Applicable 

Regulation(s): 

N/A

State Certification 

Process: 

The State Board of Election accepts vendor applications for the 

examination and approval of voting systems. The vendor may be 

required to pay a reasonable application fee for the testing and 

certification of new and upgraded voting equipment. The Board prepares 

a report stating whether the voting systems meet the state and federal 

requirements and can be used at elections, and also receives a report by 

an independent electronics or engineering consultant as to whether the 

machine is accurate, accessible, and safe. The Board may also require 

that a voting system is tested in an actual election in one or several 

counties. If the voting systems meet these requirements, then the Board 

will approve the voting systems for use at elections. VA Code § 24.2-

629 (2019)
81

WASHINGTON

State Participation: Requires testing by a federally accredited laboratory. WA requires 

that its voting systems are tested and certified by an EAC accredited 

independent testing authority, so long as its functions are in keeping with 

the unique requirements of the state. 

Applicable Statute(s): “No voting device shall be approved by the secretary of state unless it: 

(5) Except for functions or capabilities unique to this state, has been 

tested and certified by an independent testing authority designated by the 

United States election assistance commission.” WA Rev Code § 29A. 

12.080 (2018)

Applicable 

Regulation(s): 

“All voting systems, voting devices, and vote tallying systems must meet 

applicable federal standards and be certified and approved by the 

secretary of state before they can be used in Washington state pursuant 

to RCW 29A.12.020.” WAC 434-335-010 (2020)

“No voting device or its component software may be certified by the 

secretary of state unless it.... (f) has been tested and approved by the 

appropriate independent testing authority approved by the United States 

election assistance commission...” WAC 434-335-040 (2020)

State Certification 

Process: 

The Secretary of State accepts applications for voting system 

certification and will inspect, evaluate, and publicly test all voting 

systems that are submitted for review. The Secretary of State determines 

whether or not the voting system meets all of the state, federal and safety 

requirements. This report is submitted by the Secretary of State to the 

county auditor of each county within thirty days of the completion of the 

examination. WA Rev Code § 29A. 12.020 (2018)
82

WEST VIRGINIA 

State Participation: Requires testing to federal standards. The State Election Commission 

approves voting systems in WV. But the Commission appoints two 

qualified computer experts to report on whether a voting system 

complied with state requirements and requirements set forth by a federal 

agency for certification. 

Applicable Statute(s): “Any person or corporation owning or interested in any electronic voting 

system may apply to the State Election Commission so that the system 

may be examined and a report be made on its accuracy, efficiency, 

capacity and safety ... No electronic voting system may be used at any 

election unless it has been approved under this section or its former 

provisions and by the appropriate agency of the federal government 

whose purpose is to review and issue a certificate of approval.” WV 

Code § 3-4A-8 (2019)

Applicable 

Regulation(s): 

“Any county commission that makes the choice after January 1, 2006 to 

replace its punch card or lever voting system is eligible to apply for 

funds from this loan program for the purpose of replacing its voting 

system with a HAVA-compliant system; Provided that the maximum 

aggregate amount of loan proceeds available to any such county shall be 

reduced by the amount of federal funding that was forfeited and returned 

to the federal government as a result of such county’s failure to replace 

its punch card or lever system by January 1, 2006.” WV Code R. § 153-

10-10 (2017)

State Certification 

Process: 

The State Election Commission accepts applications to examine voting 

systems and appoints two computer experts (who are not members of the 

same political party) to prepare a report on the accuracy, efficiency, 

capacity and safety of the voting systems. The report must determine 

whether or not the voting systems comply with the state requirements 

and are safe to be used by voters, and comply with the requirements set 

forth by the “appropriate agency of the federal government” which 

reviews and certified voting equipment. If the voting machines meet 

these requirements, they can be approved by the State Election 

Commission. At the local level, an electronic voting system may also be 

approved by a majority of the members of the county commission voting 

to adopt it at a public meeting. See WV Code § 3-4A-8 and WV Code § 

3-4A-3 (2019)
83

WISCONSIN

State Participation: Requires testing to federal standards/Requires testing by a federally 

accredited laboratory. The Elections Commission must ultimately 

approve a voting system, but it must be also be approved by an

independent testing authority accredited by NASED verifying that the 

voting systems meet all of the recommended FEC standards.

Applicable Statute(s): “No ballot, voting device, automatic tabulating equipment or related 

equipment and materials to be used in an electronic voting system may 

be utilized in this state unless it is certified by the commission. The 

commission may revoke its certification of any ballot, device, 

equipment, or materials at any time for cause. The commission may 

certify any such voting device, automatic tabulating equipment, or 

related equipment or materials regardless of whether any such item is 

approved by the federal election assistance commission...” WI Stat §

5.91 (2019)

Applicable 

Regulation(s): 

“An application for approval of an electronic voting system shall be 

accompanied by all of the following ... [r]eports from an independent 

testing authority accredited by the national association of state election 

directors (NASED) demonstrating that the voting system conforms to all 

the standards recommended by the federal elections commission.” Wis. 

Admin. Code GAB § 7.01 (2020)

State Certification 

Process: 

The Board of Election Commissioners accepts applications for the 

approval of electronic voting systems. Once the application is 

completed, the vendor must set up the voting system for three mock 

elections using; (1) offices, (2) referenda questions and (3) candidates. A 

panel of local election officials can assist the Board in the review of the 

voting system. The Board conducts the test using a mock election for the 

partisan primary, general election, and nonpartisan election. The Board 

may also require that the voting system be used in an actual election as a 

condition of the approval. Wis. Admin. Code GAB § 7.01-7.02 (2020)
84

WYOMING 

State Participation: Requires federal certification. WY requires that its voting systems are 

tested and certified by an EAC accredited independent testing authority, 

and have an EAC certification number.

Applicable Statute(s): “Every electronic voting system adopted for use in Wyoming shall....Be 

certified by the secretary of state.” WY Stat § 22-11-103 (2019)

Applicable 

Regulation(s): 

“Before any equipment or software is sold or upgraded, the vendor shall 

certify in writing to the Wyoming Secretary of State that the equipment 

or software: (i) Meets Federal Voting Systems Performance and Test 

Standards. The vendor shall include a report from an accredited 

Independent Testing Authority (ITA), together with the Election 

Assistance Commission (EAC) certification number, certifying that the 

system is in compliance with federal standards.” 002-040-012 WY Code 

R. § 4 (2020)

State Certification 

Process: 

The Secretary of State establishes rules for the certification of voting 

systems. These rules cannot prevent the county clerks from following the 

recommendations of vendors regarding routine maintenance and 

management of voting systems, as long as these recommendations do not 

violate the requirements of the Election Code and/or these rules. Before 

any equipment or software is sold or upgraded, the vendor must certify 

to the Secretary of State that it has been federally certified and 

tested/used/certified in at least two states for federal elections. The 

Secretary of State may deny or withdraw the certification of equipment 

for a number of reasons, in which case he or she must provide a written 

notice or emergency order immediately rescinding certification. The 

Secretary of State must also be notified of any changes, upgrades, or 

purchases of new equipment. WY Stat § 22-11-103 (2019) and 002-040-

012 WY Code R. § 4 (2020)