Democrats Call on Secretary of State to Implement Paper Ballot Law

A battle over ballots is underway at the state capitol.

Democratic leaders and the Secretary of State are at odds over whether or not the Voter Confidence Act can be implemented in time for the next statewide election.

The law calls for the entire state to switch to a system of paper ballots that are counted by optical scan machines. It specifies that the scanners be certified by the state according to “the applicable…guidelines.”

Both sides agree that no machines on the market meet the most recent set of federal standards, issued in 2005. For that reason, Secretary of State Tre Hargett says the state cannot yet certify any optical scan machines.

But at a press conference today, House Democratic Leader Gary Odom says that’s a waiting game that could be dragged out indefinitely. He contends that by the time machines meet the 2005 standards, another set of guidelines will be in place.

“The question is when are you going to take the action necessary to make sure that Tennessean’s votes are counted, and are counted accurately?”

In a written rebuttal, Hargett characterized Democrat’s approach as settling for “less than the best” equipment out of haste. He cited a June 9th memo from the General Assembly’s Office of Legal Services as saying the 2005 guidelines must be the current standard for certification.

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The law reads as follows:

[Acts 2008, ch. 1108, § 3.]
2-20-104. Electronic voting systems — Rules and regulations — Testing of equipment. — [Effective January 1, 2009.]

(a) (1) All electronic voting systems in use on or after January 1, 2009:
(A) Shall be certified pursuant to § 2-9-110 and shall have been certified by the election assistance commission as having met the applicable voluntary voting systems guidelines. In addition, the precinct-based optical scanners shall be tested to ensure the scanners operate in accordance with the guidelines; and
(B) Shall, with all relevant documentation, be made available by their vendors, at the request of the state election commission or the secretary of state for review by an independent expert, selected by the state election commission or the secretary of state, to ensure the functionality and security of its systems.
(2) The state coordinator of elections shall enact necessary rules and regulations to require that all required tests are properly conducted on the precinct-based optical scanners as well as requiring a sufficient review is conducted of the voting systems and the relevant documentation to ensure compliance with this subsection (a).
(b) Prior to each election, all electronic voting equipment purchased, leased or used by the county election commissions shall be subject to acceptance testing by the commission in accordance with rules and regulations promulgated by the state coordinator of elections.
(c) With respect to precinct-based optical scanner voting systems purchased or leased pursuant to this chapter, vendors shall provide access to all information required pursuant to subsection (a) and rules and regulations promulgated pursuant to subsection (a), which shall be placed in escrow with an agent designated by the secretary of state.
(d) No electronic voting equipment used in an election in this state shall have any capability, enabled or disabled, for wireless communication of any sort.