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NASS 2020 Winter Meeting Minutes: Elections Committee

Minutes: NASS Elections Committee Meeting Friday, January 31st, 2020 , DC

Participants: Hon. , PA (co-chair) Hon. Hon. , WV (co-chair) Hon. John Merrill, AL Hon. , AK Hon. , AZ Hon. John Thurston, AR Hon. Alex Padilla, CA Hon. , CO Hon. , CT Hon. Laurel M. Lee, FL Hon. , GA Hon. , ID Hon. Connie Lawson, IN Hon. , IA Hon. , KS – by proxy Hon. Michael Adams, KY Hon. R. , LA Hon. Matt Dunlap, ME Hon. John Wobensmith, MD Hon. , MI – by proxy Hon. , MN Hon. Michael Watson, MS Hon. , MO Hon. Corey Stapleton, MT – by proxy Hon. Robert Evnen, NE Hon. , NV – by proxy Hon. Bill Gardner, NH Hon. , NJ Hon. Al Jaeger, ND Hon. Frank LaRose, OH Hon. , RI – by proxy Hon. Steve Barnett, SD Hon. , TN Hon. Ruth Hughs, TX Hon. , VT Hon. , WA Hon. , WY NASS 2020 Winter Meeting Minutes: Elections Committee

NASS Executive Director Leslie Reynolds provided an update on the recent Government Coordinating Council (GCC) meeting. She noted that the GCC passed a Sector Specific Plan, as well as incident reporting protocols and a national communication plan. She also provided an update on federal legislation and noted that there are no bills anticipated to advance in the near future. She added that that NASS would continue to update members on any relevant activity.

Secretary Boockvar announced that there were four resolutions set to expire unless reauthorized. She noted that NASS made a few technical modifications to the resolutions but no substantive changes. She proposed the Committee consider the resolutions together.

Action Item Secretary Pate moved to recommend reauthorization of the following resolutions: - NASS Resolution Affirming the Conduct of Elections in a Nonpartisan Manner - NASS Open Letter to Members of Congress - NASS Resolution Establishing September as National Voter Registration Month - NASS Resolution Urging Political Parties to Boost Participation by Military & Overseas Voters in the Presidential Selection Process Secretary Ardoin seconded the motion and it passed unanimously.

Mr. Matt Masterson Masterson, Senior Cybersecurity Advisor, DHS, provided an overview of CISA’s cyber incident detection and response desk reference. He described it as a go-to resource to help election officials respond to an incident that could affect the election process. He added that the purpose of the desk reference is to help detect symptoms of a potential cyber incident, document response procedures to minimize impacts, improve proficiency in triaging observations, and mobilizing an incident response team. He also reported that DHS will be releasing a Tabletop in a Box this week for state and local election officials. This will help them to plan their own TTX exercises.

Secretary Warner announced that developed a continuity of operations plan that he would distribute to other states for review. He encouraged states to compare plans and share best practices.

Each of the EAC Commissioners provided an update on EAC programs and activities. They discussed state spending of the FY 2018 HAVA funds. They also discussed the $425 million dollars in FY 2020 HAVA funds. They noted that it’s not clear when the FY 2020 funds expire and added that they are waiting for feedback from relevant federal agencies on whether the funds expire in 5 years, or have no expiration. They noted that they plan to get the funds out as soon as possible. They also noted that for the FY 2020 funds states are required to match 20% within two years of receiving the funds. They also discussed recent funding for EAC operations and the ongoing hiring process for a new Executive Director and General Counsel. The Commissioners outlined the EAC’s goals for 2020, including the revised program manual for vulnerability review and penetration testing; site audits on EAC-registered manufacturers; test lab audits; non-voting election system technology testing; and cyber assistance teams to support states and localities. They added that the TGDC is working through technical requirements for the VVSG, but they anticipate that NASS 2020 Winter Meeting Minutes: Elections Committee the TGDC will vote on the VVSG soon, and after public comment and hearing, be voted on by the Commission.

Secretary Simon expressed concern about the expectation by members of Congress and congressional staff that states spend the recent HAVA funding quickly. Other members expressed similar concerns, noting that they are limited in how quickly they can spend the funds based on a variety of factors, including the timing of legislative sessions, state procurement processes, and the issue of obligated funds versus expended funds. The EAC noted that based on their discussions with congressional staff, there is a desire to know how quickly states are spending the money, and what they are spending it on. They indicated that Congress is taking this into consideration in determining whether to provide additional funding on a regular basis. The EAC noted that in reporting to Congress about state spending activity, they have worked to highlight how states are spending the money effectively. They added that it may be beneficial to try and arrange a meeting at some point between a bipartisan group of Secretaries of State and congressional staff to discuss issues and concerns regarding spending of HAVA funds.

Mr. Jonathan Brater, Michigan Director of Elections, provided an overview of efforts in Michigan to recruit and train poll workers. He discussed some of the challenges in recruiting poll workers, including the number of election jurisdictions, technology barriers, and new election procedures. He noted the need to recruit poll workers with a variety of skills, including technical abilities, legal training, and customer service and problem solving skills. He also noted efforts to match the workforce with the needs of clerks, including portal matching applicants, utilizing private sector models, and surplus talent distribution.

Secretary Boockvar provided an overview of efforts in Pennsylvania to develop post-election audits. She noted that the state created a post-election audit group to study audit methods and models. She added that goals of the working group include developing policy and practice recommendations. She noted that the working group has reviewed post-election audit procedures in other states to identify trends, best practices, and different types of audits. She added that next steps for the working group include identifying costs and additional audit pilot participants; developing training materials; identifying necessary guidance and directives from the Department of State; and continuing to evaluate and incorporate best practices for conducting audits.

Secretary LaRose discussed efforts in to help reporters better understand the elections process and more accurately report on election related stories. He noted that they hosted an event for the press that described elections in a linear fashion, from voter registration, through testing and certification, tabulation, and audits. He noted that the event highlighted many of the safeguards in the elections process that reporters may not have been aware of. He added that the effort had a good response and that the model can be utilized in other states as well to help get the truth out about elections and work towards the underlying goal of voter confidence.

The meeting ended at 2:30 PM. NASS 2020 Winter Meeting Minutes: Elections Committee

NASS 2020 Winter Meeting Minutes: Elections Committee

NASS 2020 Winter Meeting Minutes: Elections Committee

NASS 2020 Winter Meeting Minutes: Elections Committee