Conformance testing must begin with confirmation that a system functions as documented. However, testing must also show that the system will recognize and respond appropriately to incorrect as well as correct data and procedures as currently specified in the 2002 VSS and 2005 VVSG. In addition, testing should ensure that the system is robust and resistant against common user and technical sources of error. All reports available should accurately report the results of all valid votes. Audit records will include information showing the appearance of invalid or questionable data that were rejected so that potential recount related issues may be resolved. Testing should also be responsive to requirements that may not be adequately defined in the current published standards, especially those that show up under State testing and/or during actual elections. The goal is to catch as many errors as possible in testing before they show up in an election environment.

This clarification is issued to allow a manufacturer to more easily change a Mark of Certification when a product has been recertified to a different version of EAC standards and to allow the removal of the Mark of Certification in instances where a machine has been decertified. In addition, this clarification will accommodate voting system manufacturers who do very small batch production runs and need additional flexibility in producing and affixing the Mark. This clarification amends the general requirements outlined in Section 5.15 of the Testing and Certification Program Manual. This clarification also provides further information on distribution of the Mark of Certification and options for compliance actions for misuse of the Mark.

The EAC concludes that to insure voting systems subject to certification are tested in the most thorough manner possible, the integrity of the program requires that prior testing is only presumed valid when conducted by a third party laboratory while under the direction of an EAC accredited VSTL. In order, however, to allow voting systems currently in the testing process to move forward during this critical time, the EAC will allow the use of non-core environmental and EMC testing undertaken and completed within one year prior to the implementation of our program (January 1, 2005 to December 31, 2006) under the following conditions:- . VSTL’s must submit all such non-core environmental and EMC testing to the EAC for review- the VSTL or its designated sub contractor laboratory shall re-run the electrostatic disruption test - The results of this ESD test shall be submitted to the EAC for review and approval prior to the EAC accepting any prior environmental or EMC testing.

Under EAC Laboratory Accreditation Program: 1. The lead VSTL is fully responsible for all contracting with third party laboratories for testing under EAC’s Certification Program. Manufacturers shall not directly manage, control or compensate a subcontracted laboratory. 2. The use of or selection of third party laboratories is at the sole discretion of the lead VSTL. Third party laboratories are subcontractors to the lead VSTL. 3. The lead VSTL shall directly manage the testing project, including the intake and distribution of the manufacturer’s documentation, management of units under test, and the assessment and management of the testing process.

EAC Certification Program Manual requires, as a condition of registration, that each manufacturer provide the EAC with a “list of all manufacturing and/or assembly facilities used by the manufacturer.”(Section 2.3.1.7 of the EAC Voting System Testing and Certification Program Manual). For the purposes of Section 2.3.1.7, “manufacturing and/or assembly facilities” applies to facilities that provide the following manufacturing services: 1. Final system configuration and loading of programs for customer delivery. 2. Manufacturing of component units of a voting system. 3. Manufacturing of major sub-assemblies of the voting system.

The EAC seeks to encourage concurrent state and Federal testing. This policy will serve to lower overall testing costs by promoting state use of EAC accredited laboratories to conduct the more expensive and time consuming State testing requirements. These requirements could include items such as volume testing, any State specific environmental testing, and other State specific functionality testing. When states authorize a VSTL to perform concurrent testing, they are responsible for monitoring these testing procedures as they would if the testing was being conducted by the State itself. Additionally, the State remains responsible for State certification actions based upon the outcome of testing conducted by a VSTL. Concurrent state testing is not subject to EAC Certification or oversight.

When a VSTL considers doing business outside the certification context, it must consider the implications of such a decision in light of the prohibitions related to conflicts of interest and prohibited practices. VSTL’s may not test voting systems if they have a conflict of interest between their responsibilities under the certification program and their financial interests. Having an outside contractual or fiduciary relationship with a manufacture whose product the VSTL is responsible for testing under EAC’s Certification program is a conflict of interest. VSTLs must also be cognizant of the impact of prohibited practices. A laboratory may not be involved in both the development of a voting system and the certification of a system. Voting system development includes any testing, consultation or design work performed in order to ready a system for the market place or the certification process. Generally, any testing performed on behalf of a voting system manufacture that was not otherwise performed pursuant to an EAC certification will be considered developmental. When a VSTL is involved with the development of a voting system, it is prohibited from future testing of that system under EAC Program.

The EAC finds that based upon the language of Section 4.3 of the VSTCM a manufacturer must submit a certification application prior to conducting any certification testing. Any testing occurring after the execution of a contract or agreement for certification testing between a Voting System Test Laboratory and a registered manufacturer is presumed to be certification testing.