COMMONWEALTH OF HOUSE OF REPRESENTATIVES

STATE GOVERNMENT COMMITTEE PUBLIC HEARING

STATE CAPITOL HARRISBURG, PA

IRVIS OFFICE BUILDING ROOM G-50

WEDNESDAY, MARCH 10, 2 021 1:30 P.M.

PRESENTATION ON ELECTION OVERSIGHT: CERTIFICATION AND OPERATION OF VOTING MACHINES WITH DEMONSTRATIONS

BEFORE: HONORABLE SETH M. GROVE, MAJORITY CHAIRMAN HONORABLE HONORABLE DAWN W. KEEFER HONORABLE ANDREW LEWIS HONORABLE RYAN E. MACKENZIE HONORABLE BRETT R. MILLER HONORABLE ERIC R. NELSON HONORABLE HONORABLE HONORABLE FRANCIS X. RYAN HONORABLE HONORABLE LOUIS C. SCHMITT HONORABLE CRAIG T. STAATS HONORABLE JEFF C. WHEELAND

Debra B. Miller dbmreporting@msn. com 2

BEFORE (continued): HONORABLE , DEMOCRATIC ACTING CHAIR HONORABLE ISABELLA V. FITZGERALD HONORABLE KRISTINE C. HOWARD HONORABLE MAUREEN E. MADDEN HONORABLE BENJAMIN V. SANCHEZ HONORABLE JARED G. SOLOMON HONORABLE JOE WEBSTER HONORABLE REGINA G. YOUNG

COMMITTEE STAFF PRESENT: MICHAELE TOTINO MAJORITY EXECUTIVE DIRECTOR MICHAEL HECKMANN MAJORITY RESEARCH ANALYST MATTHEW RINDFUSS MAJORITY RESEARCH ANALYST SHERRY EBERLY MAJORITY LEGISLATIVE ADMINISTRATIVE ASSISTANT

NICHOLAS HIMEBAUGH DEMOCRATIC EXECUTIVE DIRECTOR 3

I N D E X

TESTIFIERS

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NAME PAGE

JONATHAN M. MARKS DEPUTY SECRETARY FOR ELECTIONS AND COMMISSIONS, PA DEPARTMENT OF STATE...... 12

TIMOTHY A. BENYO CHIEF CLERK, REGISTRATION AND ELECTIONS, LEHIGH COUNTY...... 36

PAUL LUX, CERA SUPERVISOR OF ELECTIONS, OKALOOSA COUNTY, FLORIDA...... 63

SUBMITTED WRITTEN TESTIMONY

* * *

See submitted written testimony and handouts online under "Show:" at:

https://www.legis.State.pa.us/cfdocs/Legis/TR/Public/t r finder public action.cfm?tr doc typ=T&billBody=&billTyp=& billNbr=&hearing month=&hearing day=&hearing year=&NewCommi ttee=State+Government&subcommittee=&subj ect=&bill=&new titl e=&new salutation=&new first name=&new middle name=&new las t name=&new suffix=&hearing loc= 4

1 P R O C E E D I N G S

2 * * *

3 MAJORITY CHAIRMAN GROVE: Good afternoon.

4 Welcome to another public hearing of the

5 Pennsylvania House State Government Committee on the

6 certification of election machines and election machine

7 operations with demonstrations.

8 Our Committee's extensive election oversight

9 hearing schedule will allow this Committee to complete a

10 deep dive into Pennsylvania's 1937 election law and how our

11 elections are administered in the Commonwealth in order to

12 inform the public and this Committee so we may facilitate

13 election changes which ensure our voting process is

14 designed so the voters select the winners and not the

15 process.

16 While the 2020 general election has been debated

17 and litigated ad nauseam, the General Assembly still has an

18 important constitutional job to execute legislative

19 oversight of laws we pass and agencies which administer

20 these laws. Specifically, House Rule 45 states, quote,

21 "...each standing committee or subcommittee of the House

22 shall exercise continuous watchfulness of the execution by

23 the administrative agencies concerned of any laws, the

24 subject matter of which is within the jurisdiction of such

25 committee or subcommittee; and, for that purpose, shall 5

1 study all pertinent reports and data submitted to the

2 House by the agencies in the executive branch of the

3 Government."

4 These hearings are focused on how voting machines

5 are certified and how they operate. Voting machines are a

6 tool which voters interact with to cast their votes. They

7 are incredibly important and very costly. These machines

8 also go through an extensive certification process, both by

9 the Federal Government and State Governments. Today will

10 be a tremendous opportunity for all of us to learn about

11 these certification processes and how these machines

12 operate.

13 In the Members' packets are numerous documents on

14 election machine certification. These have been emailed to

15 the Members attending virtually, and they will be placed on

16 my website at repgrove.com (http://www.repgrove.com).

17 We have four panels for today's hearing. Panel 1

18 is the Pennsylvania Department of State; panel 2 is a video

19 demonstration of all the voting machines which are in

20 operation in the Commonwealth; panel 3 is a county election

21 officer; and panel 4 is an election official from Florida.

22 These four panels will cover the gambit of voting machine

23 policy and practices while assisting the general public and

24 the Members of the State Government Committee to understand

25 the importance and impact of voter certification and 6

1 election machine policy.

2 I look forward to working with my colleagues,

3 stakeholders, and citizens to improve upon our

4 Commonwealth's election laws.

5 Acting Chairman, any opening comments, sir?

6 MINORITY ACTING CHAIRMAN KENYATTA: Thank you,

7 Mr. Chairman.

8 You know, I hope that as we continue these

9 hearings, and hopefully Pennsylvanians are tuning in, that

10 they get a greater sense of the truth and the reality that

11 the last election we had was free and fair, and I hope that

12 the testimony we hear today further allays any concerns

13 that were really, I think, manufactured in people's minds

14 because of the lies that were told.

15 And so I think these hearings are important in

16 terms of making the public have greater faith in their

17 democracy, greater faith in knowing that when they vote on

18 these machines, that their vote is accurately counted, that

19 it is tabulated and the way that we have always done it,

20 and that ultimately the majority and the will of the people

21 is respected.

22 And so I look forward to this hearing. I hope

23 that people are paying attention and they get a sense that

24 all the things that they may have heard, that they don't

25 have to be worried, because here in Pennsylvania, we have 7

1 safe, free, and fair elections, and we'll continue to do

2 that.

3 So thank you, Mr. Chairman.

4 MAJORITY CHAIRMAN GROVE: We have Members and

5 testifiers in attendance virtually, as well as the public

6 viewing via livestream. Due to Sunshine Law requirements,

7 if either of these platforms experience technical

8 difficulties, we will pause the meeting in order to correct

9 the issues.

10 For the Members participating virtually, please

11 mute your microphones. Please know when you speak or when

12 you are on camera, we all see and hear you. If you want to

13 be recognized for comments, please use the "Raise Hand"

14 function. After being recognized but prior to speaking,

15 please turn on your camera and unmute your microphone.

16 After you have completed your question, please mute your

17 microphone.

18 My goal is to allow as many Members as possible

19 to ask questions this afternoon, so please limit your

20 questions to one per person for a maximum of 5 minutes.

21 This should provide enough time for further rounds of

22 questions.

23 Also, this hearing is about election machine

24 certification operation. Please keep your inquiries on the

25 other topics until all Members' questions have been asked 8

1 concerning election machine certification operation. We

2 are holding more hearings on specific election topics. If

3 you have any questions that fall under one of those

4 hearings, please hold it for that hearing.

5 We will start Member introductions with Members

6 in the room. For Members attending virtually, I will call

7 on you one by one. Let's start.

8 MINORITY ACTING CHAIR KENYATTA: Thank you,

9 Mr. Chairman.

10 Representative Malcolm Kenyatta, 181st District.

11 REPRESENTATIVE YOUNG: Representative

12 Regina Young, Philadelphia and Delaware Counties,

13 185th District.

14 REPRESENTATIVE STAATS: Good afternoon.

15 , the 145th District, Bucks County.

16 REPRESENTATIVE DIAMOND: Good afternoon.

17 Representative Russ Diamond, 102nd District,

18 Lebanon County.

19 REPRESENTATIVE KEEFER: Good afternoon.

20 Representative , 92nd District, York

21 and Cumberland Counties.

22 REPRESENTATIVE WHEELAND: Representative

23 , Lycoming County, 83rd District.

24 MAJORITY CHAIRMAN GROVE: Representative

25 , York County, the 196th District. 9

1 And we'll go to the virtual Members.

2 Representative Andrew Lewis.

3 REPRESENTATIVE LEWIS: Andrew Lewis, representing

4 the 105th District in Dauphin County. Good to be here.

5 Thank you, Chairman.

6 MAJORITY CHAIRMAN GROVE: Representative

7 Brett Miller.

8 REPRESENTATIVE MILLER: Hi.

9 Brett Miller, 41st District, Lancaster County.

10 MAJORITY CHAIRMAN GROVE: Representative

11 Clint Owlett.

12 REPRESENTATIVE OWLETT: Representative Owlett. I

13 serve Tioga and parts of Bradford and Potter Counties, the

14 60 th District.

15 MAJORITY CHAIRMAN GROVE: Representative

16 .

17 REPRESENTATIVE FITZGERALD: Good afternoon.

18 Isabella Fitzgerald, representing the

19 203rd Legislative District, Philadelphia.

20 MAJORITY CHAIRMAN GROVE: Representative

21 .

22 REPRESENTATIVE RYAN: Representative Frank Ryan,

23 the 101st District, Lebanon County, Pennsylvania.

24 MAJORITY CHAIRMAN GROVE: Representative

25 . 10

1 REPRESENTATIVE HOWARD: Hi.

2 Kristine Howard from the 167th in Chester County.

3 MAJORITY CHAIRMAN GROVE: Representative

4 Jason Ortitay.

5 REPRESENTATIVE ORTITAY: Jason Ortitay,

6 representing the 46th District, Allegheny and Washington

7 Counties.

8 MAJORITY CHAIRMAN GROVE: Representative

9 Lou Schmitt.

10 REPRESENTATIVE SCHMITT: Good afternoon,

11 everybody.

12 Lou Schmitt here, representing the city of

13 Altoona and parts of Blair County in the 79th Legislative

14 District.

15 MAJORITY CHAIRMAN GROVE: Representative

16 .

17 REPRESENTATIVE MADDEN: (Audio malfunction.)

18 MAJORITY CHAIRMAN GROVE: Representative

19 Maureen Madden, you were just on. We saw you. We'll come

20 back.

21 Representative Paul Schemel.

22 REPRESENTATIVE SCHEMEL: Paul Schemel,

23 representing portions of Franklin County.

24 MAJORITY CHAIRMAN GROVE: Representative

25 Ryan Mackenzie. 11

1 REPRESENTATIVE MACKENZIE: Good afternoon.

2 Representative Ryan Mackenzie, representing the

3 134th District in portions of Lehigh and Berks Counties.

4 MAJORITY CHAIRMAN GROVE: Representative "Ben the

5 virtual war of Sanchez."

6 REPRESENTATIVE SANCHEZ: Good afternoon,

7 Mr. Chairman.

8 And I hope you weren't watching the introductions

9 yesterday, because I didn't want to lose my title when I

10 messed it up. But I'm Ben Sanchez, and I'm representing

11 Montgomery County.

12 MAJORITY CHAIRMAN GROVE: Representative

13 .

14 REPRESENTATIVE SOLOMON: Good afternoon. Thanks,

15 Mr. Chairman.

16 Jared Solomon, 202nd, D, Philadelphia.

17 MAJORITY CHAIRMAN GROVE: Representative

18 Maureen Madden.

19 REPRESENTATIVE MADDEN: Hi.

20 Representative Madden, the 115th Legislative

21 District, Monroe County. I made the mistake of moving my

22 computer and lost you guys. I'm back now. I'm happy to be

23 here.

24 MAJORITY CHAIRMAN GROVE: It happens. Glad to

25 get you. 12

1 Representative Joe Webster.

2 REPRESENTATIVE WEBSTER: Good afternoon,

3 everyone.

4 It's Joe Webster, Montgomery County, House

5 District 150.

6 MAJORITY CHAIRMAN GROVE: Thank you very much.

7

8 PANEL 1

9 ELECTION CERTIFICATION PROCESS

10

11 MAJORITY CHAIRMAN GROVE: With that, we will turn

12 to our first testifier, Deputy Secretary Marks, who has

13 been with us numerous times, which we greatly appreciate

14 his insight.

15 Deputy Secretary, if you would turn on your

16 monitor. There you are.

17 DEPUTY SECRETARY MARKS: Can you see me okay?

18 MAJORITY CHAIRMAN GROVE: Yep. We can see you

19 and hear you.

20 Do you mind raising your right hand:

21 Do you swear or affirm the testimony you are

22 about to give is true to the best of your knowledge,

23 information, and belief? If so, indicate by saying

24 "I do."

25 DEPUTY SECRETARY MARKS: I do. 13

1 MAJORITY CHAIRMAN GROVE: Thank you.

2 Any opening remarks?

3 DEPUTY SECRETARY MARKS: I do not. I just want

4 to say it's good to see you, Chairman Grove and

5 Chair Kenyatta. I trust Chair Davidson is safe and

6 healthy. But I'm ready to answer questions. I know I have

7 limited time, and I know you have a lot to get through as

8 well.

9 MAJORITY CHAIRMAN GROVE: Will do. Thank you.

10 Mr. Marks, as you know, the topic of this hearing

11 is the certification of voting machines and machine

12 operation. We will obviously have a demonstration after

13 your testimony of every single election machine that has

14 been certified here in Pennsylvania and used.

15 I know you will not be here for the machine demo

16 part of the hearing, but I just want to let you know and

17 for the benefit of everyone watching, if we have any

18 questions from Members, we will send that over to the

19 Department at a later date.

20 So with that, Representative Nelson, are you on?

21 I don't think he is. I'll take his first

22 question.

23 As of the end of 2019, all of Pennsylvania's

24 67 counties' voting machines were decertified and counties

25 purchased new machines. With respect to voting machine 14

1 certification of these machines, according to the

2 Department of State's website, quote, "Any voting..."

3 machine "selected by a county must be certified by the

4 U.S. Election Assistance Commission...and the Pennsylvania

5 secretary of state. The EAC and the Pennsylvania

6 Department of State evaluate voting... " machines "under

7 current Federal and State standards. Pennsylvania has

8 developed new standards of security and accessibility that

9 manufacturers must meet to achieve State certification."

10 We all reviewed the PA Voting System Security

11 Standard document. That is also on your web page as well.

12 But for the benefit of Members and the public watching

13 today, can you please explain briefly the difference

14 between the Federal and State standards, because it's our

15 understanding that we cannot use a hybrid approach here in

16 Pennsylvania, and if you could kind of briefly go over how

17 that process works.

18 DEPUTY SECRETARY MARKS: Yes. Absolutely.

19 So the reason we have a hybrid approach or we

20 have two levels of testing, it's actually a statutory

21 requirement. Before a voting system vendor can bring a

22 system in to be tested at the Pennsylvania Department of

23 State, pursuant to the Election Code, that system has to

24 first be tested by an independent testing authority at the

25 Federal level. And all of that Federal testing is now 15

1 under the auspices of the Election Assistance Commission.

2 The primary differences between the testing that

3 the EAC does and the testing that the Department of State

4 does, there are two that are related to security testing.

5 That is, we do an additional code review that supplements

6 the Federal testing, and we also do penetration testing.

7 The current Federal standards do not provide for

8 penetration testing, so we do penetration testing in

9 conjunction with a testing authority that has expertise in

10 IT security and specific expertise testing on electronic

11 voting equipment. And that penetration testing is designed

12 to test the voting system's security protocols and security

13 measures while the systems are in storage, while they are

14 being configured, while they are being transported, and

15 while they are in use at the polling place. And, you know,

16 it involves a lot of physical security testing, but it also

17 involves sort of testing to try to identify and exploit any

18 vulnerabilities, whether that's in the software, the

19 hardware, or any other component of the system.

20 So those are really the primary differences. We

21 augment the Federal testing with our additional security

22 testing.

23 And then, of course, we have to do functional

24 testing to make sure that the voting system meets the very

25 specific requirements of Pennsylvania's law, which have 16

1 gotten a little simpler now that straight-party voting is

2 no longer in place here in Pennsylvania. We had a very

3 unique way of straight-party voting with an individual

4 selection in an office. It was unique because we were the

5 only jurisdiction in the United States that had such a

6 specific rule related to making an individual selection in

7 an office after you had selected straight party. So that

8 has simplified our functional testing a little bit.

9 MAJORITY CHAIRMAN GROVE: And a combination of

10 those two, it has been said that Pennsylvania's overall

11 standards are more stringent because we have that hybrid

12 approach. Would that be an accurate assessment?

13 DEPUTY SECRETARY MARKS: That's correct. Yeah.

14 The Federal testing is the baseline. It's required as a

15 prerequisite to State testing. And then we have

16 additional security testing that we make the voting systems

17 undergo before they can be certified for use here in

18 Pennsylvania.

19 MAJORITY CHAIRMAN GROVE: And if a voting machine

20 does not get cleared by the EAC, you don't even look at it,

21 correct?

22 DEPUTY SECRETARY MARKS: No. We cannot look at

23 it if it doesn't pass Federal testing.

24 MAJORITY CHAIRMAN GROVE: Thank you.

25 Representative Kenyatta. 17

1 MINORITY ACTING CHAIR KENYATTA: Thank you,

2 Chairman.

3 And thank you, Deputy Secretary. I feel like you

4 are a member of the family at this point, you've been here

5 so much.

6 You know, a lot has been made -- I have two

7 different questions. A lot has been made of the safety of

8 voting systems, which, as I said in my opening, I'm happy

9 we're doing this to hopefully allay any of those concerns.

10 You have done this for a long time. Do you have any

11 concern as an elections expert about any of the systems

12 that are in use in counties across the Commonwealth?

13 DEPUTY SECRETARY MARKS: Thank you for that

14 question, Representative Kenyatta.

15 I do not have any concern, but I also want to be

16 clear that we're always vigilant. You know, our testing

17 process for voting systems has evolved quite a bit over the

18 course of my career.

19 I was here in the very early days of electronic

20 voting systems when they were used broadly across the

21 Commonwealth, and we have significantly improved and

22 evolved our process over time. And these additional

23 security standards that we put in place for testing just a

24 few years ago are just the latest, you know, part of that

25 evolution. 18

1 So we are always vigilant. You know, now that

2 voting systems are a part of critical infrastructure, it's

3 something that we're always mindful of and we're always

4 looking to improve so that we can assure ourselves and,

5 more importantly, assure the voters of the Commonwealth

6 that the systems that we're using are safe and accurate.

7 And I have a high degree of confidence, not only in the

8 Federal process but our own process here in Pennsylvania.

9 MINORITY ACTING CHAIR KENYATTA: And so to just

10 quickly follow up to that before my second really short

11 question.

12 So voters in Pennsylvania should have confidence,

13 like you do, in our voting systems, that they are safe and

14 secure.

15 DEPUTY SECRETARY MARKS: I believe they should,

16 but as I said, ever vigilant.

17 You know, we at the Department of State, and I

18 know the counties do a lot of testing. They are required

19 to do testing prior to each election. So, you know, I

20 think, you know, voters should familiarize themselves with

21 that so that they can feel as confident as I do in the

22 process.

23 MINORITY ACTING CHAIR KENYATTA: And I asked this

24 question yesterday of a testifier; the same to you. Is

25 there anything from your vantage point that we ought to be 19

1 doing statutorily that would make the work you are doing,

2 specifically as it relates to the certification of

3 machines, to make it, you know, more streamlined, more

4 efficient for DOS?

5 DEPUTY SECRETARY MARKS: I don't think so. I

6 think the process is pretty efficient now. I think it's a

7 good thing that our statute has always had that Federal

8 baseline testing. And, you know, this particular area of

9 the statute actually does give the Department of State a

10 fair amount of discretion as it relates to testing

11 protocols and directives and instructions to counties and

12 to vendors. So I think that we're pretty well covered.

13 I will reserve the right, though, at a later date

14 to maybe make a suggestion or two. There is always

15 opportunity for improvement. But I think the process works

16 very well right now.

17 MINORITY ACTING CHAIR KENYATTA: Okay. Thank

18 you.

19 Thank you, Mr. Chairman.

20 MAJORITY CHAIRMAN GROVE: Representative Diamond.

21 REPRESENTATIVE DIAMOND: Thank you, Mr. Chairman.

22 Thank you, Deputy Secretary, for joining us once

23 again today.

24 I have a few questions with respect to just

25 machine testing and the reports concerning their 20

1 examination results.

2 What in fact does get tested, and if it passes,

3 what in fact gets certified? Are we talking just the

4 machines that people vote on themselves, or are we talking

5 more expanded, like the scanners, the tabulators, the

6 poll books? Are we talking about an integrated system that

7 gets tested or is it just the machines themselves?

8 DEPUTY SECRETARY MARKS: No, that's a great

9 question. Thank you.

10 No, it's every component of the voting system.

11 So it is, each of these systems has an election management

12 system that is used by the county and the jurisdictions to

13 set up an election. You know, candidate, ballot

14 definition, everything that goes into that, that is tested,

15 as well as the hardware that voters use, if they are using

16 a ballot marking device to select their, to make their

17 selections, as well as the scanners that tabulate the

18 ballots after they have been cast. So our testing, as well

19 as the Federal testing, tests every component of the system

20 -- software, hardware, firmware, the whole nine yards.

21 REPRESENTATIVE DIAMOND: Okay.

22 I also noticed with just about every report I

23 have read, it contains petitions for certification and

24 recommendations. Is there a timeline for when those

25 conditions and recommendations need to be implemented by? 21

1 And, you know, hypothetically, what would happen if a

2 machine or a system didn't meet these conditions or

3 recommendations by the appropriate timeline?

4 And, you know, many of these lists of conditions

5 and recommendations, they are quite extensive. So what

6 happens, I guess, you know, if a system comes in and it's

7 like, well, it's meeting 88 percent of what you need, I

8 mean, do you go in and do you help that vendor kind of like

9 clean that up, or how does that work?

10 DEPUTY SECRETARY MARKS: So, and I want to make a

11 clear distinction between conditions and recommendations.

12 Recommendations are best practices. They are not

13 absolutely required. Conditions, however, are. Those are

14 conditions of certification, and if a vendor or if a county

15 does not meet those conditions at the time the voting

16 system is deployed in the county, there may be penalties

17 for that, contractual all the way up to decertification.

18 So there is certainly no, there's no motivation for a

19 vendor or for a county to do anything other than field the

20 system as it has been certified under the conditions issued

21 in the report.

22 REPRESENTATIVE DIAMOND: Okay. And one last

23 question, Deputy Secretary.

24 The Voting System Security Standard document

25 states that the voting system test must confirm that the 22

1 voting system design, and I quote, "provides a mechanism to

2 detect problems and allows election officials to verify the

3 election outcome in a manner transparent to everyone, " and

4 I'll emphasize that last part, "a manner transparent to

5 everyone." Can you expand a little bit more on what this

6 realistically looks like within the certification and

7 testing process?

8 You know, we're getting a lot of calls about, you

9 know, voting machines, and I'm sure you understand the

10 nature of those calls. So, you know, that "transparent to

11 everyone" thing is very important to me, and probably

12 important to the people of Pennsylvania. So can you expand

13 a bit more on what that realistically looks like?

14 DEPUTY SECRETARY MARKS: Sure.

15 So, you know, the first thing, pre-election logic

16 and accuracy testing as well as post-election testing and

17 auditing done during the canvass, those are all done in an

18 open setting, meaning that candidates and their

19 representatives are allowed to be in attendance and watch

20 those things.

21 There is also a sort of auditing and reporting

22 that the system does that would be open to public

23 inspection as well. But it's really, it's really making,

24 you know, making those processes, and again, this is

25 pursuant to our statute that both the pre-election testing 23

1 and the testing that occurs during the canvass after the

2 election are open. They are done in open meetings, and

3 candidates and their representatives can be present to

4 watch that process unfold.

5 REPRESENTATIVE DIAMOND: All right. Thank you,

6 sir, and thank you, Mr. Chairman.

7 MAJORITY CHAIRMAN GROVE: Representative

8 Wheeland.

9 REPRESENTATIVE WHEELAND: Thank you,

10 Mr. Chairman.

11 And Deputy Secretary, welcome back again.

12 DEPUTY SECRETARY MARKS: Thank you.

13 REPRESENTATIVE WHEELAND: We have heard from the

14 Department that at some point in the future, we're going to

15 have to replace our voting systems again. How long is the

16 recommended life cycle for our voting systems?

17 DEPUTY SECRETARY MARKS: You know, it's typically

18 a range. You know, the Federal Government, I think, has

19 gone on record as, you know, anywhere from -- and it

20 somewhat depends on the individual system, but I think,

21 I think, you know, 8 to 12 years is sort of the lifespan

22 and depending on how much of the system can be upgraded as

23 necessary.

24 You know, I mentioned earlier when I was

25 answering Representative Kenyatta's question that we're 24

1 always vigilant, we're always evolving the process, and,

2 you know, the risks, you know, change over time.

3 You know, certainly over the course of my career,

4 you know, I never would have imagined, you know, sort of

5 the security considerations that we would have to take into

6 account in recent years as, you know, to be perfectly

7 frank, our foreign adversaries have become much more

8 sophisticated in, you know, cyber-attacks. So, you know,

9 it really depends on the system, but I think it's

10 reasonable to expect that you're going to get 8 years,

11 perhaps up to 12 years.

12 The previous systems, many of them, were in place

13 for 15 years or longer. And really the biggest issue with

14 them, you know, the hardware was still working well, and it

15 was really the software that could no longer be updated.

16 They were running on older versions of Windows that weren't

17 supported anymore and could no longer be updated. And

18 that's really the big risk, is, you know, when you get to a

19 point where you can no longer support the software and make

20 patches and other things to the system to protect the

21 integrity of the software, that's when it becomes a risk,

22 and the risks grow over time.

23 REPRESENTATIVE WHEELAND: Kind of like my cell

24 phone.

25 DEPUTY SECRETARY MARKS: I'm sorry. I missed the 25

1 last part of that.

2 REPRESENTATIVE WHEELAND: It's kind of like my

3 smartphone, my iPhone. You know, they only last so many

4 years--

5 DEPUTY SECRETARY MARKS: Yeah.

6 REPRESENTATIVE WHEELAND: -- and then the

7 software just doesn't function.

8 DEPUTY SECRETARY MARKS: Right.

9 REPRESENTATIVE WHEELAND: Except for our

10 Majority Leader, who I think still has a flip phone.

11 So would the machines ever get retested or

12 recertified, so to speak? And the reason I ask this is

13 because 2020 was, you know, the first election cycle where

14 counties used these new machines, and obviously there was a

15 record-breaking turnout which could have caused an abnormal

16 amount of wear and tear on these systems. So I'm just

17 wondering if there's a way to reevaluate them to ensure

18 that it's, you know, that it's only normal amounts of wear

19 and tear to account for them. Any recertification plans?

20 DEPUTY SECRETARY MARKS: Yes. So there's

21 actually two mechanisms. The one mechanism is a petition

22 that can be filed by voters to request a reexamination of a

23 voting system, and there are specific requirements on what

24 that petition looks like and what kind of bond needs to be

25 posted with that petition. But the Secretary of the 26

1 Commonwealth also has the discretion to reexamine a voting

2 system if, you know, if any changes have been made or if

3 there's any reason to believe that the accuracy and/or

4 integrity of the system is at risk.

5 So there are mechanisms that the Department can

6 use on its own motion, and there is even a process by which

7 citizens can submit a petition for the reexamination of a

8 voting system.

9 REPRESENTATIVE WHEELAND: So does your

10 Department, like, keep tabs? Do counties report to you on

11 the number of problems that may have occurred with system X

12 or system Y?

13 DEPUTY SECRETARY MARKS: Yes.

14 REPRESENTATIVE WHEELAND: Is there a way to

15 report, that it would flag it that they would need to be

16 recertified or reinspected, or---

17 DEPUTY SECRETARY MARKS: Yes. We do ask the

18 counties to report any issues that they have, you know, on

19 or before or even after election day. And we also require

20 that of the vendors, and if there is an issue, we will ask

21 the vendor for written information, essentially a

22 root-cause analysis and whatever the resolution is. And

23 we often ask counties for a written explanation if the

24 issue was, say, a user error in the county, just so that

25 we can make sure that we understand the nature of it and 27

1 what the county is doing to ensure that it doesn't happen

2 again.

3 REPRESENTATIVE WHEELAND: So is there like a

4 tally sheet that the Department lists all 67 counties, and

5 is that something that could be shared with this Committee

6 so that we could see what issues occurred?

7 DEPUTY SECRETARY MARKS: Yeah. I'll have to

8 check on that.

9 I don't, when you say "tally sheet," I don't -­

10 you know, typically these are, like I said, like a root-

11 cause analysis document that we would get from a vendor or

12 a written response that we would get from a county. But we

13 would certainly summarize that information, and I'll talk

14 to our counsel. I'm certain that most, if not all of that,

15 could be shared.

16 REPRESENTATIVE WHEELAND: Thank you very much.

17 DEPUTY SECRETARY MARKS: Thank you.

18 MAJORITY CHAIRMAN GROVE: Representative

19 Kenyatta, and then Representative Owlett.

20 MINORITY ACTING CHAIR KENYATTA: Thank you.

21 And, you know, I want to thank my colleagues for

22 the thoughtful questions today. Obviously, we represent

23 our constituents, but I'm sure your office has directly

24 gotten a lot of questions. Are there any, you know, is

25 there a frequently asked question about voting machines 28

1 specifically that you have seen come across your desk

2 repeatedly that you would want to use this moment to

3 address?

4 DEPUTY SECRETARY MARKS: You know, I think the

5 questions we get the most, you know, this current

6 generation of systems is fairly new. You know, the

7 earliest, I think, I believe Warren County, and I hope I'm

8 right about that, I believe they were the first one to

9 adopt the new system before the November 2018 election.

10 But most counties implemented these in 2019, and there were

11 a few that implemented them just going into 2020.

12 So they are relatively new, and a lot of the

13 questions we get are about the ballots themselves and the

14 tabulators. It really was a sea change for voters in many

15 counties who were used to making selections on a

16 touchscreen, having, you know, and just pressing the

17 "Cast Vote." They didn't have to handle a ballot, an

18 optical-scan ballot. So that was really, you know, the

19 crux of the questions we got, was about sort of that

20 significant change in the way they voted.

21 And that's why we post a lot of information on

22 our website. I'm not sure which version, you know,

23 videos you're going to be viewing, but we do have a video

24 demonstration of each voting system. We provide

25 information on our website. On the votespa page 29

1 (https://www.votespa.com/Pages/default.aspx ), there's a

2 link there to information about each voting system so that

3 voters can educate themselves on how the voting system in

4 their specific county works and what it looks like and how

5 you go about casting your vote, you know, correctly on

6 those voting systems.

7 And we also have an Election Security page that

8 provides additional information about how we secure

9 voting systems and all election infrastructure, for that

10 matter.

11 MINORITY ACTING CHAIR KENYATTA: Can I just make

12 a quick comment?

13 As the millennial on this panel, you know, the

14 more that you can do to make that website user-friendly,

15 particularly on mobile devices, I think would be incredibly

16 helpful.

17 DEPUTY SECRETARY MARKS: Yes. Thank you for that

18 suggestion. And yes, we try to make as many of our pages

19 as mobile-friendly as possible.

20 MAJORITY CHAIRMAN GROVE: Representative Owlett,

21 the last question for the Deputy Secretary.

22 REPRESENTATIVE OWLETT: Thank you, Deputy, for

23 joining us, and I will make this fairly quick here.

24 Just really quick, one of the big things that we

25 were talking about when we got these new machines was the 30

1 fact that we needed to have a paper record, and it's stated

2 that "...a paper record or ballot that can be checked and

3 verified by the voter and audited by election officials."

4 For the benefit of those that are watching, I

5 think there has been some confusion on this statement as to

6 maybe they would receive this paper when they leave, that

7 they could have verification that they voted. Talk a

8 little bit about what the benefits are of this and why you

9 believe that it was needed, and maybe clarify some of the

10 confusion around the paper record and what that means

11 specifically.

12 DEPUTY SECRETARY MARKS: Sure.

13 Yeah, it's not a receipt, and the voter cannot

14 walk out of the polling place with their ballot. If they

15 do, it's not going to be cast and it won't be counted.

16 In most jurisdictions, in fact, the overwhelming

17 majority are precinct tabulation, meaning the voter is

18 taking that ballot and then themselves feeding it through a

19 scanner, at which point the ballot is tabulated.

20 But the purpose for having those voter-verifiable

21 paper ballots is so that the voter can look at their

22 selections themselves and verify that, yes, this is who I

23 wanted to vote for before they insert it into that scanner

24 or insert it into a ballot box.

25 And the other important piece is the 31

1 post-election recount or auditing, that, you know, if it

2 really comes down to it, you can always go back and do a

3 hand count of those ballots. At the very least, you could

4 recount them with different machinery. But it gives you

5 the ability to go back to the official record of the vote

6 cast and review that if necessary in the event that there's

7 a controversy regarding the unofficial count.

8 REPRESENTATIVE OWLETT: So how long do we keep

9 these ballots? Are they stored forever, or, like, what

10 happens to them? Like the 2020 ballots, where are they at

11 now? Like, what happens there?

12 DEPUTY SECRETARY MARKS: They' re in storage at

13 the counties. And if I misspoke, and maybe there is

14 something -- if I misspeak, I'll make sure we follow up

15 with the Committee. I believe their retention period on

16 official ballots is 11 months, according to the Election

17 Code. So they don't keep them forever, but they do have to

18 keep them for some period of time after an election and

19 before they can destroy them.

20 I believe it's 11 months. I'll check and verify

21 that.

22 REPRESENTATIVE OWLETT: That's fine.

23 Thank you, Mr. Chairman, and thank you, Deputy.

24 MAJORITY CHAIRMAN GROVE: Thank you, Deputy

25 Secretary. I know you need to get going. We appreciate 32

1 your time this morning---

2 DEPUTY SECRETARY MARKS: Thank you.

3 MAJORITY CHAIRMAN GROVE: -- and we'll do some

4 follow-up questions. I know some Members had some

5 questions pertaining to stuff like the process for a

6 resident to challenge or question the certification, to do

7 recertification and stuff. So we'll make sure we get

8 those questions to you in writing. So thank you for your

9 time.

10 DEPUTY SECRETARY MARKS: Great.

11 Thank you again, Chairman Grove, and thank you,

12 Chair Kenyatta and Members of the Committee.

13 I guess I'll see you again next week.

14 MAJORITY CHAIRMAN GROVE: Sounds good. It's our

15 weekly time.

16

17 PANEL 2

18 HOW VOTING MACHINES WORK

19

20 MAJORITY CHAIRMAN GROVE: As we transition to the

21 video demonstrations of all the election machines, which

22 are on, as the Deputy Secretary pointed out, they are on

23 the Department of State's website, I did want to highlight

24 some sections of statute and within the standards for

25 election machines. 33

1 If you want to look at Pennsylvania Election Code

2 25 P.S., Section 3031, it cites the specific standards

3 under the law, one of which I found very helpful -- testing

4 central automatic tabulating equipment as part of the

5 compliance. And it states that the essential tabulating

6 equipment must be tested publicly by the fourth day prior

7 to each election, and they have to, each county has to give

8 a 48-hour public notification of that.

9 Within the Department's document PA Voting System

10 Security Standard, which is also on the Department of

11 State's website, under "Assumptions," which is a

12 requirement for all election machines, quote, "No

13 components of the voting..." machine "shall be connected to

14 any modem or network interface, including the Internet, at

15 any time, except in a standalone wired local area network

16 configuration in which all connected devices are certified

17 voting...components. Transmission of unofficial results

18 can be accomplished by writing results to media, and moving

19 the media to a different computer that may be connected to

20 a network."

21 Further in this document it states network

22 requirements. It has to be for a closed network only, and

23 the voting system uses air-gapped computer networks.

24 "Air-gapped" refers to a completely closed network that is

25 not connected to anything else or any other electronic 34

1 computer.

2 "Penetration Testing," as the Deputy Secretary

3 signaled: "Penetration testing is an attempt to bypass or

4 break the security of a system or a device. Penetration

5 testing is conducted without the confines of a

6 pre-determined test suite. It instead relies heavily on

7 the experience and expertise of the team members, their

8 knowledge of the system, it's component devices, and

9 associated vulnerabilities, and their ability to exploit

10 those vulnerabilities." And it tests physical security and

11 voting system security in storage, being configured, being

12 transported, and being used.

13 So I would highly recommend residents of the

14 Commonwealth, look at these documents and review them,

15 because they are extensive. They are technical in nature,

16 but they do provide a good background about how our

17 election machines are certified moving forward.

18 With that, the Committee will move to viewing

19 videos of every single election machine that is used by a

20 county in this Commonwealth.

21

22 The following videos were shown:

23

24 https://www.votespa.com/About-

25 Elections/Pages/Dominion-Democracy-Suite-55A.aspx 35

1 https://www.votespa.com/About-

2 Elections/Pages/ESS-EVS-6 021.aspx

3

4 https://www.votespa.com/About-

5 Elections/Pages/Unisyn-QpenElect-20A2.aspx

6

7 https://www.votespa.com/About-

8 Elections/Pages/ClearBallot-ClearVote-15.aspx

9

10 https://www.votespa.com/About-

11 Elections/Pages/Hart-InterCivic-Verity-Voting-234.aspx

12

13 https://verifiedvoting.org/election-system/hart-

14 intercivic-verity-touch-writer-duo/

15

16 MAJORITY CHAIRMAN GROVE: Thank you.

17 As you can see, there is a multitude of election

18 machines that counties utilize. After they are certified

19 by the EAC, after they are certified by the Department of

20 State, after they have been through all the testing

21 requirements, each county decides which election machine

22 they do. They send a contract and purchase the necessary

23 equipment to facilitate their elections moving forward. So

24 you probably saw the equipment you use, but it's pretty

25 interesting to see how other people use equipment 36

1 throughout the Commonwealth.

2

3 PANEL 3

4 ELECTION MACHINE OPERATIONS,

5 ISSUES, AND TROUBLESHOOTING

6

7 MAJORITY CHAIRMAN GROVE: With that, we're going

8 to turn to our next panel on county governments. Tim Benyo

9 is our next testifier, and if we can get him up on the

10 screen.

11 Tim is, again, a veteran elections director and,

12 again, quite battle tested. He's the Director of Elections

13 and Registration for Lehigh County. He has been with us

14 before. So Director Benyo, we appreciate you joining us

15 again.

16 And if you quickly could raise your right hand

17 and we'll swear you in:

18 Do you swear or affirm that the testimony you are

19 about to give is true to the best of your knowledge,

20 information, and belief? If so, indicate by saying "I do."

21 MR. BENYO: I do.

22 MAJORITY CHAIRMAN GROVE: Excellent.

23 Do you have any opening remarks?

24 MR. BENYO: Other than thanking you, Chairman

25 Grove, and Chairman Kenyatta and the other Representatives 37

1 of the Committee. I greatly appreciate you having me here

2 and all of these hearings and hearing what the county

3 election directors have to offer to your decisionmaking and

4 informing the public of what actually goes on in each

5 county. Thank you.

6 MAJORITY CHAIRMAN GROVE: Will do. We appreciate

7 that.

8 And obviously, most voters have that interaction

9 at their precinct where they use election machines. With

10 the adoption of Act 77, absentee ballots and the no excuse

11 mail-in ballots are aggregated at the county level, and the

12 counties vote those ballots. So I think it's critically

13 important to kind of have that discussion. And I see you

14 are kind of in your equipment closet there, so maybe you'll

15 show us a couple of things that you do with that.

16 But I'll start off with a quick question.

17 There have been a couple State directives

18 concerning election machines. I got one dated June 9,

19 2011; one dated June 12, 2018; and my personal favorite

20 dated September 14, 2020, just because that was my

21 birthday. With those directives coming out, specifically a

22 directive on logic and testing coming out September 14th,

23 right before the election, from a county perspective in

24 terms of machine and system implementation, what's the

25 difference between the 2011 directive and the 2020 guidance 38

1 documents; and then, are they put into practice

2 interchangeably, in conjunction with one another, and how

3 difficult was it to implement them?

4 MR. BENYO: Thank you, Chairman.

5 I think they are in conjunction with each other.

6 As you can see and the thing when reviewing these documents

7 that stood out is the difference 10 years makes and how the

8 2011 document is based on the things that the Election Code

9 has us do on a regular basis, at every election. And then

10 the difference 10 years later in the guidance for

11 preparation, it's showing best practices on a computer, an

12 electronic system completely for all of the voting that we

13 do.

14 So yes, definitely in conjunction. The Election

15 Code guides us on what we need to do and what we need to

16 perform, and then the document from 2020 definitely shows

17 the best practices of computers where election directors

18 may not be, you know, completely up to speed on what the

19 best practices are currently.

20 MAJORITY CHAIRMAN GROVE: Gotcha.

21 Do you think statute needs updated? You know,

22 again, 2011 is based on statute from the Election Code.

23 The 2020 is a guidance document, so it's kind of best

24 practices. Do you think we should go back and maybe adopt

25 some of those guidance documents within statute to make it 39

1 more of a directive in uniformity?

2 MR. BENYO: Well, I think there is always room

3 for improvement and maybe a little more clarity. But best

4 practices, I think the statutes as documented in the 2011

5 document kind of give us a little ability or leeway to

6 advance with the changing best standards and best practices

7 of the 2020 document.

8 MAJORITY CHAIRMAN GROVE: Gotcha. Thank you.

9 Representative Miller.

10 REPRESENTATIVE MILLER: Thank you, Mr. Chairman.

11 Good to see you again, Mr. Benyo. I appreciate

12 you as a practitioner giving some testimony here.

13 I have a question. Most of us appear on election

14 day and just vote, but there's a lot of work that goes into

15 voting ahead of time, as you well know, in terms of

16 preparation. My question has to do with getting the

17 machines and all of that ready. Can you describe what sort

18 of examination goes on ahead of time related to like the

19 ballot sorter, the ballot marking device, the ballot

20 scanner, and the tabulator. What do you do ahead of time?

21 MR. BENYO: Sure.

22 As Deputy Secretary Marks had touched on, the

23 logic and accuracy testing is what is done at each county

24 prior to each election to weed out any problems of

25 differences in the coding of each machine, or making sure 40

1 that every precinct is attached to the race that it's

2 supposed to, cardstock is the right size. All these things

3 are tested of what will happen on election day.

4 It's like a pregame before the machines go out so

5 that we can see and have a better idea of what will happen

6 on election day when everything is deployed and the

7 machines are in use.

8 REPRESENTATIVE MILLER: Can you describe where

9 those machines are stored ahead of being brought out?

10 MR. BENYO: Sure.

11 In Lehigh County, we have, part of the system,

12 the voting machines that go out to the precincts, are

13 stored in a warehouse. As you can imagine, the larger

14 machines take up more space, so they are under constant

15 24/7 security, video surveillance, you know, passcodes to

16 get into the buildings, documentation on who goes in and

17 out of the building.

18 So they are stored in our county, and other

19 counties, I'm sure, have different procedures and different

20 places to keep all their stuff, but we have a warehouse

21 where the voting machines are, the precinct machines are,

22 and then our central scanners are always in our office

23 area.

24 REPRESENTATIVE MILLER: And to the best of your

25 knowledge, there is not a uniform standard across the 41

1 67 counties. So in other words, you may have video

2 surveillance, but any other number of the counties may not.

3 MR. BENYO: I would assume that not all 67 do

4 have video surveillance, but there are locks and procedures

5 to keep everything safeguarded, I'm sure.

6 REPRESENTATIVE MILLER: Okay.

7 Another question. In the document Guidance on

8 Electronic Voting System Preparation and Security,

9 October 13, 2020, there's a quote here that says the

10 following: "Counties should maintain a robust chain of

11 custody protocol that documents access to all components of

12 the system including the county computers and the warehouse

13 storing the voting systems." Can you describe what "robust

14 chain of custody" means to you?

15 MR. BENYO: To me, it means that I know who has

16 access to each part of the election system.

17 So county computers, county computers are a

18 completely different system than the election side, the

19 election side including the SURE system, which was

20 discussed.

21 We have two, currently two different systems.

22 So all the other county workers have no access to the

23 SURE system. They also have no access to the different

24 components of the voting system, be it the election

25 software, the poll book software. Those servers are 42

1 stand-alone servers, and there's only a handful of people

2 that have access to those. And again, documenting who

3 enters buildings, that's another safeguard that we have to

4 make sure that we know who has access to those machines.

5 REPRESENTATIVE MILLER: So again, across the

6 67 counties, "robust chain of custody" could mean different

7 things to different directors like yourselves.

8 MR. BENYO: Well, sure. I guess the

9 interpretation of "robust" can vary across 67 opinions.

10 Yes.

11 REPRESENTATIVE MILLER: Okay.

12 Just as the last question, a week or so ago we

13 had the Secretary of State for Ohio on, and he described a

14 system in Ohio whereby they had a room that was locked up.

15 They had a person with a key for the Democrat and a key for

16 the Republican. Everything was double signed off or double

17 keyed or what have you. What would you think of a system

18 like that in Pennsylvania?

19 MR. BENYO: I like the system idea. I don't know

20 how practical it would be to have both parties present

21 continuously when involved in different parts of the

22 process.

23 I don't know how Ohio decides who is on those

24 boards or who gets access, but in Pennsylvania is where the

25 counties are the people who code those machines, who are 43

1 caretakers for those machines, do repairs on those

2 machines. So having two people assigned to different

3 parties, there would have to be some type of guidance or

4 some type of legislation helping us get those people

5 appointed and be full-time employees.

6 REPRESENTATIVE MILLER: Okay. Well, thanks very

7 much for your testimony. I appreciate it.

8 Thank you, Mr. Chairman.

9 MR. BENYO: Thank you, sir.

10 MAJORITY CHAIRMAN GROVE: Acting Chair Kenyatta.

11 MINORITY ACTING CHAIR KENYATTA: Thank you,

12 Mr. Chairman.

13 And thank you, Deputy Chief, for coming back and

14 for the work that you do.

15 I want to ask you those same questions that I

16 asked to the Deputy Secretary. As, you know, somebody who

17 works with these machines, who works at the county level,

18 do you as an elections professional have faith in the

19 machines, and do you think Pennsylvanians and folks in

20 Lehigh County should have faith in the safety of the

21 machines?

22 MR. BENYO: Absolutely, sir. I believe that

23 these are the most secure and accurate machines that have

24 ever been used in Pennsylvania. There is always room for

25 improvement, as the Deputy Secretary said, and I think 44

1 those are procedural at this point because of the newness

2 of the machines. But as was mentioned before, updates to

3 cell phones and computers are continuous, and these are

4 electronic machines and they do have a lifespan that needs

5 to be recognized and know they are not going to last

6 forever.

7 MINORITY ACTING CHAIR KENYATTA: And then the

8 second question that I asked him. I am sure you are being

9 inundated with questions from folks in your community about

10 the safety of the machines. You know, is there a

11 frequently asked question that you get all the time that

12 hasn't been asked so far that you think would be important

13 for you to address for folks who might be watching?

14 MR. BENYO: Well, the Deputy Secretary also

15 touched on all of these procedures. Testing machines and

16 all the different parts are public events. They are open

17 to the public where the public should be able to see them.

18 And unfortunately, we don't have an audience very often.

19 Even last year with how under a microscope we were, there

20 was still nobody really attending any of these events. And

21 I think if people saw and when they do see, from

22 experience, when they do see what goes into putting on an

23 election, they are very impressed with the safeguards that

24 are available, that we do use and make sure that the

25 elections are secure and the machines are secure. 45

1 MINORITY ACTING CHAIR KENYATTA: Well, I just

2 want to thank you again. You have an incredibly tough job,

3 not just this election cycle, every election cycle, and so

4 thank you for your work.

5 MR. BENYO: Thank you, sir.

6 MAJORITY CHAIRMAN GROVE: Director Benyo, just

7 real quick, what is the public -- how do you notify the

8 public, just a press release that it's testing time for the

9 equipment and stuff like that?

10 MR. BENYO: Yeah. Statutorily, Chairman, we have

11 to publish in multiple newspapers, but that has even gotten

12 expanded.

13 I post on my Facebook page, on my website, trying

14 to make sure that people know what is going on and have an

15 interest and encourage people to ask questions and to come

16 in to the office and see what goes on.

17 MAJORITY CHAIRMAN GROVE: Yeah. So coming up

18 with the primary election, there's going to be a point

19 where you're going to publicly disclose for people to come

20 in and watch the actual certification and kind of

21 pretesting of all this equipment where you run ballots and

22 make sure there is, you know, you run 20 ballots,

23 10 Republican and 10 Democrat, and it spits out within the

24 tabulators 10 Republicans and 10 Democrats, in simplistic

25 form; correct? 46

1 MR. BENYO: Correct, sir. Absolutely. And

2 again, encouraged to witness this, and it will be published

3 in newspapers and websites and social media. As much as we

4 can do with the resources that we do have, we try to get

5 people involved.

6 MAJORITY CHAIRMAN GROVE: Will do.

7 Representative Nelson.

8 REPRESENTATIVE NELSON: Thank you, Mr. Chair, and

9 thank you, Mr. Benyo.

10 You had mentioned earlier about the pregame

11 certification process. You know, on game day itself,

12 election day, can you touch on a little bit about, you

13 know, we did have machines that break or situations where

14 you may have to use those emergency backup paper ballots.

15 Can you kind of touch on the thought process of, you know,

16 when you take a machine offline and how you get it back

17 online again?

18 MR. BENYO: Sure. Absolutely.

19 I mean, they are mechanical machines, and things

20 do happen where ballots get jammed or ripped or the machine

21 just physically is not working properly. Being a

22 paper-based system, we have gone away pretty much from

23 emergency ballots. In Lehigh County, we are all paper.

24 Some other counties, of course, have different systems as

25 to -- you saw the videos. 47

1 We no longer have separate emergency paper

2 ballots due to the fact that we have paper ballots all the

3 time. But the machine would not be functioning.

4 So each machine has been created to have a system

5 that can accept emergency ballots, and the machines, the

6 ES&S machines that we use, it's simply a locked box

7 separate from the place where all the ballots would fall

8 into the ballot box. It's a box where ballots are stored

9 so voting can continue without interruption until the

10 malfunction can be fixed.

11 Of course, if that was a jam, the jam would be

12 addressed first, then determining if the machine itself was

13 malfunctioning. Then we could go to those emergency

14 ballots without interruption.

15 REPRESENTATIVE NELSON: And you had mentioned the

16 jams. You know, we heard a lot from constituents with

17 problems of jamming. Was there a standardized process or,

18 you know, let's say you were opening a machine to clear a

19 jam, how was that consistently addressed or how would a

20 county -- part of those election day guidances, did they

21 come with specific checks and balances for how a machine

22 would be opened and how those jams would be cleared?

23 MR. BENYO: Sure. Every machine is different,

24 but the machine custodian or the machine operator on

25 election day was instructed to clear those jams in a 48

1 step-by-step process under the supervision of the voter

2 themselves.

3 Yeah, every county has a process to do that. In

4 Lehigh County, we have a backup. If the people working at

5 the polls can't fix the problem, we have what we call

6 rovers who have assigned precincts that they go and stop

7 at, you know, one after the other throughout the entire

8 election day. If a certain precinct has a problem, they

9 call the rover or the office and we'll dispatch the rover

10 to that location, so those rovers have more training on how

11 to fix a problem and get those machines back online.

12 REPRESENTATIVE NELSON: Yeah.

13 And then just to the ripped ballots that you

14 mentioned. So if a ballot gets ripped, does a voter get

15 assigned a new ballot? When you said they go into the box,

16 does that box return to the county then and get counted?

17 How do you address those ripped ballots?

18 MR. BENYO: Sure, two different things.

19 But if there's a ripped ballot, that would be

20 removed from the machine, unless, of course, it was

21 counted, and it would be spoiled, taken out of circulation,

22 placed elsewhere where it can't be accidentally put back

23 into circulation and get counted again. The voter would

24 then be issued a fresh ballot, revotes, re-marks it, and

25 places it in the machine. 49

1 That emergency box is then a different situation

2 where the machine isn't working. Not just a simple jam or

3 a ripped ballot and a replacement ballot; it's where the

4 machine itself isn't properly functioning, where it needs

5 to be taken offline. But, so that we don't stop the voting

6 process, they are still, people are still given ballots; it

7 just doesn't go into the scanner at that time. It then,

8 when the machine does come back online, that emergency box

9 underneath the machine of uncounted, uncast ballots would

10 then be cast in the supervision of both, both parties, a

11 minority and a majority inspector.

12 REPRESENTATIVE NELSON: Okay. Great. Thank you.

13 And thank you for those in-depth explanations. It was very

14 helpful.

15 Thank you, Mr. Chair.

16 MAJORITY CHAIRMAN GROVE: Mr. Director, just a

17 follow-up.

18 So if a ripped ballot happens, obviously at a

19 precinct, the voter is right there and it can be

20 adjudicated right in front of them, correct?

21 MR. BENYO: Yes.

22 MAJORITY CHAIRMAN GROVE: Can you walk us through

23 the absentee no excuse mail-in ballot counting process, how

24 you count those at the county level, and then if you have

25 issues of ripped ballots or issues with a ballot for the 50

1 absentee mail-in ballots where it's not like that day you

2 can go and pull, you know, voter Seth Grove and say, we had

3 an issue with your ballot. How do you adjudicate those at

4 the county level, because people don't get to, quote, "see

5 that firsthand" because they're not there at the precinct

6 watching it.

7 MR. BENYO: Sure.

8 Of course, we wouldn't know at that point . If

9 there was a ripped ballot, we wouldn't know who voted it if

10 they were taken out, taken out of the ballots. The secrecy

11 ballots are taken out of the return envelopes with your

12 name on it, and then the secrecy envelopes are opened and

13 the ballots are removed so that we have no idea who voted

14 and how they voted.

15 If that ballot is ripped, then in Lehigh County,

16 we remake those so that the one that is ripped is voided,

17 marked "voided, " and then we have a team of both parties,

18 Republican and Democratic parties, sitting there making

19 sure that the remake is accurate to the intent of the voter

20 prior to it being scanned into the system and then

21 tabulated.

22 MAJORITY CHAIRMAN GROVE: Excellent.

23 And then you basically have a large, I will say

24 a large scanning machine at the county to process those

25 mail-in ballots, correct? 51

1 MR. BENYO: Yes, sir. We have multiple

2 high-speed scanners, central scanners, that are used to

3 count the mail ballots that are returned.

4 MAJORITY CHAIRMAN GROVE: Will do. Thank you.

5 Representative Ortitay.

6 REPRESENTATIVE ORTITAY: Thank you, Mr. Chairman.

7 Thank you, Director, for being here.

8 I would like to ask a series of questions about

9 the voting machines and what happens to them after the

10 polls close.

11 So after the polls close, what happens to the

12 voting machines? Are they locked up? Are they sealed?

13 Are they picked up? Are they put in someone's car and

14 driven off? What happens to them?

15 MR. BENYO: All the machines are different and

16 have different procedures, but they all have some type of

17 memory in them that records the votes, how the votes are

18 cast.

19 The ES&S machines that we use, they have an

20 encrypted USB drive. They are specific to each machine and

21 each election. So those are removed and brought back by

22 the poll workers, brought back to the central location, and

23 that's where the votes are put into a tabulating machine.

24 The machines themselves at each precinct are

25 stored in the locations for later pickup, but there are no 52

1 votes or no memory in them. They are sealed with different

2 types of seals. There are tamper-proof seals and different

3 methods to record how they are closed, but with a specific

4 number which is recorded by the poll workers to make sure

5 that when they come back, we check them back and forth to

6 make sure that they are the same.

7 They are locked up for 20 days after the election

8 where they are not touched, so that in case there is a

9 recount or they have to be examined, that they can be

10 examined without anyone touching them prior to that. So

11 the 20-day coincides with the certification to the

12 Secretary of State from the counties.

13 REPRESENTATIVE ORTITAY: Okay. So with the

14 memory cards, the chain of custody is, everyone, you always

15 know where the memory cards are at all times. There is a

16 chain to be followed. There's--

17 MR. BENYO: Absolutely, sir.

18 REPRESENTATIVE ORTITAY: Okay. All right.

19 And when you say the 20 days, you're talking

20 about the 20 days is for the memory cards or is that just

21 for the machines?

22 MR. BENYO: Well, by law, we need to keep the

23 memory cards and can't get rid of them and reuse them.

24 There is statute that addresses that.

25 The machines themselves, just the physical 53

1 machines that are placed in the precincts, those are locked

2 tight so that they can be later examined if something were

3 to happen that they needed to be, by order of a court or by

4 whatever means, that we need to look at them.

5 REPRESENTATIVE ORTITAY: Okay. I think Deputy

6 Director Marks had said that they had to, the ballots had

7 to be kept for 11 months, and obviously the November

8 election is, or I'm sorry, the primary election is coming

9 up and it is not 11 months after the general election. So

10 do you reuse memory cards, or do you have to use new ones

11 for the next election?

12 MR. BENYO: Yeah. We are allowed to -- we can

13 reuse the ones that we have. They are then formatted after

14 a certain, whatever county specific time that they do it.

15 And again, it's usually right before, right before the next

16 election.

17 REPRESENTATIVE ORTITAY: Okay. And after the

18 polls close, the machines and everything are brought back.

19 Do counties perform any kind of post-election exam on the

20 machines to make sure that they haven't been broken,

21 there's nothing wrong with them, just to make sure they're

22 operational?

23 MR. BENYO: Not within that time that we are

24 restricted on not touching them. Afterwards, of course, we

25 go through them to make sure that they are working 54

1 properly, that nothing is broken on them. Parts get

2 replaced if they need to. But in that certain time space,

3 we can't touch them. They just sit in the warehouse under

4 lock and key.

5 REPRESENTATIVE ORTITAY: Okay. Thank you very

6 much.

7 Thank you, Mr. Chairman.

8 MR. BENYO: Thank you, sir.

9 MAJORITY CHAIRMAN GROVE: Representative Keefer.

10 REPRESENTATIVE KEEFER: Thank you, Mr. Chairman.

11 Mr. Benyo, I have a question regarding the

12 development of, it's a directive that the State has, and it

13 says that -- the guidance document on Electronic Voting

14 System Preparation and Security, it's dated October 13th of

15 2020. It states that counties should do the following:

16 "Develop an inventory of all devices connected to or

17 running on your network, including devices that have been

18 or will be only temporarily connected." So can you explain

19 what the devices would be in this inventory and when and

20 why they might be connected to the Internet?

21 MR. BENYO: Sure. Thank you for your question.

22 Most of the devices are never connected to the

23 Internet. I mean, we do have to upload results, so those

24 computers are computers that are not connected to the

25 voting system itself. 55

1 I only have one server that is connected to the

2 Internet, and that's for the electronic poll books, which

3 is a completely separate system. So think of them all as

4 different working parts for a whole, a whole experience on

5 election day. So the electronic poll books are the only

6 one that uses a web-based connection to load the poll

7 books.

8 And now again, make sure we remember that they're

9 never touching the voting-process part, so it's a whole

10 different system. The other parts of the voting system are

11 the precinct scanners. They are your central tabulating

12 and scanning systems and your electionware, the software

13 that runs the whole system, the database for collecting all

14 the votes and tabulating them.

15 So these machines are never on the Internet.

16 They have no means to go on the Internet. They have no,

17 they have no need to go on the Internet. So it's a

18 completely stand-alone system, and the only way to transfer

19 data from the electionware system is to physically, and

20 quoting in very old terms, "sneakernet" your results from a

21 drive to a computer off of this centralized network to a

22 computer that has Internet access that can load stuff to

23 your website or to the Department of State.

24 REPRESENTATIVE KEEFER: Right. So that's kind of

25 where I'm getting to, to try and understand that. 56

1 Now, I have gone into my county and sat down with

2 them and went through all this. So what they do, you know,

3 you take the scan, all the ballots, and you're scanning

4 them. I'm talking about maybe a process in-house of mail

5 ballots. And then there's our SIM cards. So they'll pull

6 out the SIM cards, and then they take those over to a

7 computer. They put them into a reader, and then they can

8 open the file and that tabulates them.

9 MR. BENYO: That's correct.

10 REPRESENTATIVE KEEFER: That's correct. Okay.

11 But that computer, you're saying that computer is not

12 connected to the Internet?

13 MR. BENYO: Correct. You are absolutely correct,

14 Representative.

15 REPRESENTATIVE KEEFER: And if it were, you would

16 have to show that on this inventory list.

17 MR. BENYO: Correct; yes. I don't know, in

18 Pennsylvania, the Internet access is not certified, so I

19 don't know why anyone, any county would want to put that

20 server into a compromising position where it could have

21 access, someone could have access to it and wanted to do it

22 harm.

23 REPRESENTATIVE KEEFER: And when you are

24 uploading it to the SURE system -- right? -- when you're

25 uploading all of that tabulated data up to the SURE system, 57

1 that would have to be some kind of an Internet connection,

2 correct?

3 MR. BENYO: Yes. The SURE system is the voter

4 registration system. So that does have some information,

5 but not necessarily the results. Somewhere in Harrisburg,

6 they do get combined into a central database, but that, the

7 Deputy Secretary would be able to answer that.

8 But yes, the results from the stand-alone

9 computer do need to be moved so that the public can see

10 them.

11 REPRESENTATIVE KEEFER: Right. So the public can

12 see them, but you also are certifying your results as well,

13 because all the results are certified at the county level

14 and then the State takes those certifications.

15 And you submit those through a specific SURE,

16 like a portal report?

17 MR. BENYO: Correct, through the portal, the SURE

18 portal, which is a separate system than the SURE database

19 for voter registration. There is a disconnect between the

20 two, being two different systems.

21 There are multiple ways that you can upload those

22 results. A lot of counties do it by hand and do data entry

23 into the SURE portal, down to the precinct level adding

24 those numbers so that they can be then certified to the

25 State. 58

1 REPRESENTATIVE KEEFER: Okay.

2 And then real quick on a follow-up then. Can you

3 tell me how often software updates, or how software updates

4 are handled and how often you are dealing with something

5 like that?

6 MR. BENYO: Absolutely. Absolutely,

7 Representative.

8 My quick answer is, almost never.

9 REPRESENTATIVE KEEFER: Okay.

10 MR. BENYO: The systems are certified, as the

11 Deputy Secretary said, through the EAC and through the

12 Department of State. There is a cost involved with those,

13 so the vendors are not -- it's not an encouraging process

14 to have a change to any of the software in any of the

15 systems because it has to be recertified and they have to

16 pay for that.

17 So the last system, the old system that just went

18 out, I don't think it was ever updated. This new system

19 hasn't had an update on it since 2019 when we purchased it.

20 So almost never is it updated.

21 REPRESENTATIVE KEEFER: All right. Thank you.

22 Thank you, Mr. Chairman.

23 MAJORITY CHAIRMAN GROVE: Thank you,

24 Representative Keefer.

25 Representative Lewis. 59

1 REPRESENTATIVE LEWIS: Thank you, Mr. Chairman.

2 Good afternoon, Mr. Benyo. Thank you for being

3 with us today. It's good to have you here at the Committee

4 for this hearing.

5 When we think of every election year, obviously

6 there is a lot of preparation and a lot of time-consuming

7 effort involved in counties when it comes to machine

8 operation at every stage, whether it's pre-election,

9 election day, and even after the polls close. But in 2020,

10 you had the added challenge of doing all of these things

11 during a global pandemic, and we recognize that kind of

12 made an already difficult task into a Herculean effort.

13 And so my question for you is, can you just kind

14 of talk us through broadly how you faced this, how you

15 addressed it. It was major and I would say an unexpected

16 challenge to do all of this through COVID. So can you kind

17 of talk about that and give us kind of an overview of your

18 experiences with respect to dealing with all of this with

19 COVID going on.

20 MR. BENYO: Yeah. Thank you, sir.

21 I'm not sure if you're looking for specifics, but

22 I think the biggest takeaway was, I got good advice a long

23 time ago, to try not to take it personal, it's only

24 business, and I tried to not be offended by some of the

25 false accusations that came across to us. And it was 60

1 trying to take one day at a time and do everything with

2 patience and do our best to be courteous in the face of

3 some offending things that may have happened to us for last

4 year.

5 So yes, it was an undertaking that I hope doesn't

6 get repeated anytime soon. And as was testified in earlier

7 hearings, we did lose a lot of institutional knowledge from

8 directors who decided that it was better for them to move

9 on. And it's a shame that that happened, because

10 Pennsylvania has some catching up to do, and we need to

11 make sure that we regain that knowledge and move forward in

12 a good way.

13 REPRESENTATIVE LEWIS: Thank you. I appreciate

14 the answer. And I think it just bears kind of recognizing

15 here what you have done, and we applaud and commend you for

16 your efforts, especially in light of doing all this in a

17 pandemic. So thank you for your efforts and your actions.

18 Thank you, Mr. Chairman.

19 MR. BENYO: Thank you.

20 MAJORITY CHAIRMAN GROVE: Thank you.

21 Just one quick follow-up on electronic poll

22 books. We don't have them in York County. We don't use

23 them. When you say they are connected to the Internet for

24 web-based connection, I assume that's to download the voter

25 registration file. So that doesn't come directly from the 61

1 SURE system, or is the SURE system data given to the

2 e-poll book vendor, they format it, and then download it?

3 Can you just walk me through that?

4 MR. BENYO: Absolutely.

5 Yes, whenever the cutoff date is, we send the

6 vendor the information for the voter registration. It's

7 not really any different than what committees and PACs

8 would be getting from us or the State on just the total

9 voter registration of the county, of the State.

10 So we give that to the vendor. The vendor parses

11 it out into the precincts that are required for the county.

12 That then is brought into the server that is connected to

13 the Internet. Then within a closed network in our county,

14 we then push that out from the server to each of the

15 electronic poll books.

16 MAJORITY CHAIRMAN GROVE: Gotcha. Very

17 interesting.

18 And then, have you had any issues with the

19 e-poll books shutting down anything, and then, do you

20 request paper backup from the Department of State just in

21 case?

22 MR. BENYO: Well, everything is done in the

23 county. So yes, I print a backup, a paper backup that gets

24 sent out to each of the precincts just in case something

25 were to happen to -- there's at least two, at least two 62

1 poll books in each location, and they are redundant and

2 connect to each other via Bluetooth within those precincts,

3 so that if someone were to check in on one, they couldn't

4 check in on the second. It cross-communicates.

5 Yeah, but there's always, there's always a

6 backup. There's always at least two at every one, and then

7 we have the paper backup in case they do go down.

8 MAJORITY CHAIRMAN GROVE: Gotcha. Okay.

9 Perfect.

10 That's all the questions we have, Mr. Benyo. We

11 really appreciate your time, again testifying in front of

12 the hearing. It's good to hear about the kind of back

13 operations that the average voter never gets to see or hear

14 about. So we greatly appreciate it. And again, thank you

15 for your service.

16 MR. BENYO: Thank you, sir. Thank you for having

17 me, Chairman.

18

19 PANEL 4

20 OTHER STATE VOTING MACHINE

21 CERTIFICATIONS AND OPERATIONS

22

23 MAJORITY CHAIRMAN GROVE: Our last testifier on

24 panel 4 is Paul Lux. He is the Director of Elections for

25 Okaloosa County in Florida. That is on the Panhandle and 63

1 is in the Central Time Zone.

2 He also served on the U.S. Election Assistance

3 Commission Voting Systems Standards Board, which I kind of

4 read today on some background.

5 Thank you so much for joining us, and we're

6 closing in on 70-degree weather here in Pennsylvania. I

7 don't know what it's like down there in Florida right now,

8 but we do have some Florida-esque weather right now. So

9 thank you, Mr. Lux, for joining us.

10 MR. LUX: Thank you, Chairman Grove and Chair

11 Kenyatta as well. I'm happy to be here.

12 I apologize for the kind of bifurcation here. I

13 do have a video feed for those who may want to see my

14 smiling face. But for reliability's sake, I have dialed in

15 for the audio, so.

16 So, yeah, I want to thank the Members of the

17 Committee for the opportunity to address you. Are you guys

18 getting the feedback I'm hearing?

19 MAJORITY CHAIRMAN GROVE: No, we're good to go.

20 But let me swear you in real quick.

21 MR. LUX: Oh; certainly.

22 MAJORITY CHAIRMAN GROVE: We aren't getting that

23 feedback, so just raise your right hand:

24 And do you swear or affirm that the testimony you

25 are about to give is true to the best of your knowledge, 64

1 information, and belief? If so, please indicate by saying

2 "I do."

3 MR. LUX: I do.

4 MAJORITY CHAIRMAN GROVE: Thank you very much.

5 Any opening statement or remarks?

6 MR. LUX: Certainly.

7 So briefly I just want to mention that I came to

8 the office here in Okaloosa County originally as the

9 Director of the IT, so my main job was not only our

10 internal computer systems but also all of the voting

11 systems. I did that in 1999, so those of you familiar with

12 the colorful history of Florida elections know that I was

13 there for the 2000 election then as the person running the

14 voting equipment.

15 I worked at various capacities until I was

16 elected in 2008, and I was frequently loaned out by my

17 predecessor to the Florida Bureau of Voting Systems

18 Certification, which gave me a really diverse and deep

19 background in how Florida goes through and gets everything

20 certified.

21 So I have worked over the years with the old

22 Global system, which then became Diebold, which then got

23 sold to ES&S and divested half of it to Dominion,

24 et cetera, for those of you who can follow all of those

25 family trees. I have worked with the ES&S stuff. I have 65

1 worked with the Sequoia stuff. So I have done all of those

2 things and have a pretty good background in a lot of those

3 different systems.

4 I mentioned I was part of the 2000 recount of

5 course, and I happened to be president of our State

6 Association during our 2018 triple statewide recount of a

7 U.S. Senate, the Governor, and one of the Cabinet

8 positions. We had a triple statewide recount in the State

9 of Florida, and I got to sort of be the person in charge of

10 our association through all of that.

11 As you mentioned, I'm a current member of the EAC

12 Standards Board. As a consequence of that, I was tapped by

13 the current chair of the EAC to serve as the Standards

14 Board representative to the Technical Guideline Development

15 Committee, which is a stand-alone body that recommends

16 changes to the Voluntary Voting System Guidelines at the

17 Federal level for the EAC. So I'm pretty well steeped in

18 all of that stuff, and I'm happy to answer what questions I

19 can.

20 MAJORITY CHAIRMAN GROVE: Thank you so much for

21 that background.

22 The first question goes to Representative

23 Mackenzie.

24 REPRESENTATIVE MACKENZIE: Well, thank you,

25 Mr. Chairman, and thank you, Director Lux, for joining us 66

1 from Florida.

2 My first question is, can you please give us a

3 brief overview of the voting system certification process

4 in Florida that you mentioned, and what systems are used in

5 your State?

6 MR. LUX: Sure.

7 So Florida has its own voting system guidelines.

8 That is administered in Tallahassee at the State level by

9 the Bureau of Voting Systems Certification.

10 Right now, we have two main election system

11 vendors who are certified: Dominion, and we have four

12 different versions of the Dominion hardware and software

13 that are certified for use; and the ES&S system, and we

14 have five different versions of the ES&S system that are

15 currently certified for use.

16 We also have an approval process, if you will,

17 for things that are not voting systems that stand alone by

18 themselves, so consider it more like subcomponents, and

19 I'll explain what I mean here.

20 One of the approvals is for a group called

21 Clear Ballot, so I know from the videos you just watched,

22 you saw the Clear Ballot voting system. This is actually

23 their product called ClearAudit, which is not a voting

24 system in Florida. So they had to go through an approval

25 process in order to be approved for use in the State of 67

1 Florida, again, through that Bureau of Voting Systems

2 Certification.

3 And another company called Democracy Live has two

4 products, LiveBallot and OmniBallot, both of which are

5 online ballot delivery platforms that deliver blank ballots

6 to, in my case, I use LiveBallot, and we have been using it

7 since 2011 to provide immediate access to ballots for our

8 overseas military and our, well, absent military and

9 overseas voters, and the OmniBallot system that was just

10 stood up right before the 2020 elections, between the

11 August primary and the November election, and that was only

12 used by a handful of counties as the sort of demonstration,

13 mainly because of COVID concerns, to broaden the use of

14 that application to in-county voters with disabilities as

15 well.

16 So those are really the four platforms that we

17 use in the State of Florida that have been through the

18 Bureau of Voting Systems Certification.

19 REPRESENTATIVE MACKENZIE: Okay. Thank you.

20 And so you described a process where some things

21 go to Tallahassee, and we seem to have a similar hybrid

22 system here of Federal and State standards. How does the

23 Florida Voting Systems Certification standards compare to

24 that of the EAC?

25 MR. LUX: So our standards, and I see from some 68

1 of the packet data that you guys received that you have a

2 copy, I think, of our voting system standards in there, and

3 anyone who looks at the front cover will note that the date

4 on it is January of 2005. And it's funny to look at it

5 15 years later and go, gosh, our standards are 15 years

6 old, but hey, guess what has been happening at the Federal

7 level -- almost the exact same thing.

8 I won't bore you with a long, detailed, tired

9 history of the VVSG and how we evolved from putting years

10 on it, which by the time the thing got certified at the

11 Federal level, you know, it was already, you know, 5, 6,

12 7, 8 years past the year that we hung on it, so we stopped

13 hanging years on it and now we have VVSG 1.0. We just

14 approved at the Standards Board VVSG 2.0 to the EAC.

15 But Florida's guidelines go further than the EAC

16 guidelines, and the real reason that it has to is because

17 we do certain things by statute in Florida, and we have to

18 make sure that the voting systems that we bring in to

19 Florida for use can actually handle that kind of stuff.

20 So one example that I can give you is the ability

21 to conduct what we -- we have a constitutional thing here

22 called the Universal Primary Contest. If only people from

23 one political party sign up to run for office, then that

24 race in the primary is available to all voters regardless

25 of party affiliation. So you have Democrat ballots with 69

1 Democrats and Republicans on it, Republican ballots with

2 Republicans and Democrats on it, and it really kind of

3 mixes things up. But that's just one example of one of the

4 quirky things we have in the Florida law that our voting

5 system standards have to be able to address a voting

6 system's ability to do.

7 REPRESENTATIVE MACKENZIE: Okay.

8 And, Mr. Chairman, if I can, just two more quick

9 questions here? All right. Thank you.

10 So can you please explain to me what is meant in

11 Florida by "provisional certification," and how does that

12 work in your State?

13 MR. LUX: So provisional certification is

14 typically used when something is first brought in that is

15 not necessarily going to be part of the bigger voting

16 system, if you will. So a couple of examples I can give

17 you off the top of my head.

18 In 2000, Okaloosa County, my county, was one of

19 two counties in Florida that participated in the Federal

20 Voting Assistance Program's VOI, or Voting Over the

21 Internet Project. No small surprise that everything else

22 that happened in Florida in 2000 kind of swallowed up the

23 news that might have been generated by that project. But

24 that system that we used had to be certified by the

25 Bureau of Voting Systems Certification, but because it was 70

1 only going to be for a special one-time project, we don't

2 put it through the same, I don't want to say same testing,

3 because there were certain things it did not do that a

4 voting system has to do, but because it was not a proper

5 voting system itself. So they basically sat down with the

6 people and looked through the standards and found what

7 would apply and what wouldn't, and they provisionally

8 allowed us to use that system for that one project for the

9 2000 general election with the Federal Voting Assistance

10 Program.

11 We did it again in 2004 with the Serve Project.

12 We never got all the way to certification before that

13 project got canceled. We did our own kiosk-based Internet

14 voting project called the Okaloosa Distance Ballot Piloting

15 Project. That system had to be provisionally certified as

16 well.

17 So usually the difference between provisional and

18 actual certification is, you know, there are certain

19 standards that may not apply to something that gets

20 provisionally certified that would apply to an actual

21 voting system. So to give you an example of what I mean,

22 the way to get the ballot information from, you know, one

23 of the ES&S or the Dominion systems into the Democracy Live

24 or the Clear Ballot system, you know, some of that applies

25 because it is interfacing with output files, be they PDFs 71

1 or actual, you know, direct database outputs, and then put

2 into another piece of software. And so wherever there is

3 at least a modicum of connectivity, not connected like wire

4 to wire but just, you know, exporting files and importing

5 them into the other system, the State requires that they go

6 through some sort of approval or certification process, and

7 that provisional process is how they manage that.

8 REPRESENTATIVE MACKENZIE: Okay. Great. Thank

9 you.

10 The final question I have is, we were talking

11 earlier about what types of item devices, systems,

12 et cetera, get tested in Pennsylvania. So what types of

13 systems in Florida are tested? Is it just election day

14 equipment, or ballot sorters, e-poll books, et cetera. You

15 know, what is kind of the universe of things that are

16 tested?

17 MR. LUX: So I will be interested to see how it

18 evolves here actually, because right now, the main thing

19 that gets tested is the actual voting system itself. So

20 the election management system, which are the banks of

21 servers, or in some certain systems just an individual

22 server that manages the ballot layout and design that all

23 of the input from all of the precinct-based tabulators and

24 the central count tabulators and accumulating those

25 results, all of those types of things are part of the 72

1 election management system.

2 Then there's the actual physical hardware itself,

3 the high-speed scanners in the central count arena, the

4 precinct-based scanners like you saw in the video where the

5 voters are filling in their ovals and sticking the ballots

6 in the machines, that hardware and the firmware that goes

7 with that, all of that is part of what the Bureau of Voting

8 Systems Certification tests.

9 We do not currently test e-poll books or voter

10 registration systems themselves, and so that kind of falls.

11 But, you know, given where, you know, very publicly our

12 Governor's information that was public was used to move him

13 into a jurisdiction where he did not live, so when he went

14 to vote, he wasn't able to vote. It was in the news down

15 here right before the 2000 election.

16 So I anticipate that there will be some sort of

17 move, eventually, to maybe tighten that up a little bit to

18 bring e-poll books into the fold. But right now with our

19 government and the Sunshine Laws, our voter database is

20 basically available to anybody who would like it. Contact

21 the Division of Elections, and they will send you a disk

22 with everybody's information in it that isn't protected

23 otherwise by law.

24 So it makes it a little harder in Florida to say,

25 you know, we need to worry about the connectivity and the 73

1 safety of that, because that information is publicly

2 available to basically anybody who asks for it.

3 REPRESENTATIVE MACKENZIE: Okay. Great.

4 Well, thank you, Mr. Chairman, for the time to

5 ask those questions, and thank you to Director Lux for

6 joining us. I really appreciate you being here and your

7 very detailed and thorough and informative answers to the

8 questions.

9 Thank you.

10 MR. LUX: Thank you, Representative.

11 MAJORITY CHAIRMAN GROVE: Thank you.

12 Representative Kenyatta.

13 MINORITY ACTING CHAIR KENYATTA: Thank you,

14 Mr. Chairman, and thank you, Mr. Lux.

15 My good friend, Senator Jones down there in the

16 35th District, said you know what you're talking about on

17 these issues. And so my question, because it sounds like

18 you have heard at least part of the testimony here today,

19 is there anything that popped out to you as something that

20 you have learned over your many years doing this that you

21 think we ought to think about as it relates to certifying

22 the machines?

23 MR. LUX: Well, you know, one of the hallmarks of

24 the system we employ here in Florida is we, I say "we," the

25 Bureau of Voting Systems Certification employs people who 74

1 really know their stuff when it comes to software. And so

2 although I know that the VSTLs, the testing labs, that the

3 EAC standards are applied to for certifying things

4 nationally for EAC certification have a source code review

5 built in, Florida does its own source code review on top of

6 that.

7 A copy of that software that is reviewed goes

8 into escrow. They take hash algorithms of that software so

9 that -- I heard you questioning both Deputy Secretary Marks

10 and Mr. Benyo from Lehigh County about, you know, how often

11 does this software change or what happens when the software

12 changes, and one of the things Florida does that I think is

13 a very good protection of our system is we, the counties,

14 cannot receive software to update our firmware, our

15 hardware, our servers, without it going through that

16 Bureau of Voting Systems Certification first.

17 So even if it's just a patch that needs to be

18 applied, the vendor applies the patch to the system and

19 brings that stuff into the State. The State still does its

20 certification process on that software. It runs the hash

21 algorithm, and then they, the State, send the software to

22 me that they have approved.

23 So no vendor in Florida can ever show up

24 thumb drive in hand and say, hey, I'm here to fix your

25 voting systems, and plug it in and start up the software. 75

1 That's not going to happen in Florida. We have to get the

2 certified software from the Bureau directly, and then it

3 gets installed on our systems, and I think that is

4 tremendous.

5 There were a lot of anecdotal reports about, you

6 know, vendors in the field in various States of concern

7 that, you know, some guy was over there plugging thumb

8 drives in and doing whatever to the system. That can't

9 happen in Florida because we don't have the system

10 structured that way. And I think that's one of the very

11 positive things that having our own statewide Bureau of

12 Voting Systems Certification affords us.

13 MINORITY ACTING CHAIR KENYATTA: Well, thank you

14 so much, and thank you for your work.

15 Thanks.

16 MR. LUX: Thank you.

17 MAJORITY CHAIRMAN GROVE: That was an excellent

18 question, an excellent answer.

19 Representative Diamond.

20 REPRESENTATIVE DIAMOND: Thank you, Mr. Chairman.

21 Thank you, Mr. Lux, for joining us today.

22 You had already talked about precinct counting

23 systems and central count subsystems, and I did notice that

24 Florida standards indicate that precinct count systems

25 should have a useful life of 8 years and a central count 76

1 subsystem should have a useful life of 12 years. I was

2 just curious as to why that difference exists in the shelf

3 lives, and how was it determined that those were

4 appropriate shelf lives for those pieces of equipment?

5 MR. LUX: That is my favorite question of the

6 advanced questions I was provided. And I actually called

7 my friend in the Bureau of Voting Systems Certification and

8 said, hey, an interesting question here, just to get their

9 take on it, and they had forgotten that it was even still

10 in Florida standards. And so it predates both her and I,

11 I suppose, going into the standard.

12 Our best guess is that, number one, the cost

13 factor involved. The precinct tabulators tend to run

14 between $3,000 and $5,000, depending on the system that

15 you're getting and the configurations that you want,

16 whereas the central scanners, certainly I'm an ES&S

17 customer here in Florida, and, you know, my central count

18 scanner, the DS850, which is a fabulous machine, but it

19 costs, you know, it's a six-figure cost for that one

20 machine, so much so that when we contracted for ours, we

21 cut our request back from two of those machines to a single

22 one just to keep it affordable for our county.

23 Add to that the fact that the precinct machines

24 themselves get a lot more wear and tear. So the central

25 count machines are sitting in, you know, a nice 77

1 air-conditioned room and they don't move around a lot.

2 Those precinct tabulators are getting rolled on and off

3 delivery trucks and bounced around, up and down roads, and

4 hauled off those delivery trucks and, you know, rolled into

5 precincts. And, you know, do they always stay on all four

6 wheels? No, they sometimes fall over or fall off things.

7 So they really do go through a lot more wear and tear and

8 get beat up a lot more. And so I would anticipate that

9 that is where there's probably some thought process along

10 those lines that led them to make those recommendations.

11 REPRESENTATIVE DIAMOND: All right. Thank you,

12 Mr. Chairman.

13 MAJORITY CHAIRMAN GROVE: Representative

14 Wheeland.

15 REPRESENTATIVE WHEELAND: Thank you,

16 Mr. Chairman.

17 And keep sending that warm weather north. We're

18 enjoying it. It has been a rough winter here.

19 MR. LUX: Well, and if I could interrupt you

20 about the weather since you brought it up, I live in that

21 magic part of Florida that somehow in the winter always

22 records the lowest temperature and in the summer somehow

23 always records the highest temperature. And I still have

24 an ice scraper in my truck that I still use in the late

25 weeks of December and the early weeks of January. So for 78

1 at least 5 or 6 weeks out of the year, I still have to keep

2 an ice scraper handy.

3 REPRESENTATIVE WHEELAND: Well, that's fine. You

4 keep the cold, send the warm.

5 You know, you were talking about voting equipment

6 getting delivered, possibly falling over. How often does

7 Florida test its systems, its machines, to ensure proper

8 function, and are the examinations done pre- and

9 post-election? If you could explain, expound on that.

10 MR. LUX: Sure.

11 So we have, of course -- Mr. Benyo from Lehigh

12 County mentioned, you know, and went into very good detail

13 on what we would call our logic and accuracy testing. And

14 so our equipment goes through logic and accuracy testing

15 before each and every election. And that, of course, is

16 also a functionality check. So all of the functions that

17 the machine should perform should be part of that, should

18 be part of that logic and accuracy test.

19 So if you are going to modem transmit your

20 results when you are doing that public test, you should be

21 modeming those results to make sure that everything works

22 the way it's supposed to.

23 But, you know, there are also functionality

24 checks, and in my case, you know, I have a good warehouse

25 foreman who has been with me for years and years, and so we 79

1 do run a functionality check on the equipment.

2 Now, as to the Bureau's involvement with system

3 tests, so I mentioned that that software that they do the

4 code, the source code review on is put in escrow, so that

5 if there is ever an abnormality or a misbehavior of an

6 election system in Florida, we can actually, you know, lock

7 that up and the State can send their investigative team in

8 and they can run the hash algorithms and they can make sure

9 that the software hasn't been changed and, you know, try to

10 get to the root problem of why that happened.

11 And I have been, again, I mentioned I was loaned

12 frequently to the Bureau of Voting Systems Certification.

13 There's a very public issue with, I want to say it was some

14 Sequoia equipment in Pinellas County years and years ago,

15 and I was part of the team that got sent in there to try

16 and unscramble what had happened with them on election

17 night. Basically, their system just stopped allowing them

18 to upload results into the system. So I was part of the

19 team that went in and did some of that forensic testing to

20 try and make sure---

21 So the State, whenever there are abnormalities or

22 things that misbehave, we'll come in and do those tests

23 and, you know, actually verify software, firmware, all of

24 that stuff, to make sure that it all is up to scratch and

25 that it hasn't been altered in any way, shape, or form. 80

1 REPRESENTATIVE WHEELAND: So that would be the

2 post-election inspection? It would only be done if there's

3 an issue?

4 MR. LUX: Exactly.

5 Now, like I said, you know, every county has its

6 own standard for, you know, what it does for post-election

7 testing, but we all follow a similar framework and

8 structure to make sure that everything, you know, is

9 working shipshape.

10 Now, in my case, again, you know, our law allows

11 you to only test a certain percentage of your voting

12 equipment. We never send anything to the field from back

13 in my days when I was the IT person. I'm a paranoid old

14 Army guy. You know, I want to make sure everything works a

15 hundred percent before it goes to the field, and we still

16 make sure that that happens today.

17 So even in jurisdictions that don't publicly test

18 a hundred percent of the equipment that's going to be used

19 and uses the percentages that the law allows, we'll still

20 be doing functionality testing both before and after the

21 election to make sure that everything is working properly.

22 And then most of us have, you know, also a

23 maintenance contract, and so, you know, the maintenance

24 teams will come in from the vendor under our direct

25 supervision. I don't allow vendors to work on equipment 81

1 without one of my people standing over them. And we make

2 sure that, you know, they are, you know, that all of the

3 preventive maintenance checks and services that they do on

4 the equipment is done under our direct supervision.

5 REPRESENTATIVE WHEELAND: Thank you very much for

6 that answer.

7 MR. LUX: Mm-hmm.

8 MAJORITY CHAIRMAN GROVE: Representative Diamond.

9 REPRESENTATIVE DIAMOND: Thank you so much,

10 Mr. Chairman.

11 I want to, in a previous panel we talked about,

12 you know, polling locations here in Pennsylvania

13 experiencing mechanical problems -- machine jams,

14 malfunctions, that sort of thing. Does Florida have a

15 standardized process for troubleshooting and fixing those

16 problems when they occur? Is there a difference between,

17 you know, when you do it centrally, when you're counting

18 centrally, or when you're doing it at the precinct level?

19 You know, can you just summarize what that kind of process

20 is? You know, is there a policy, you know, that you

21 follow?

22 MR. LUX: Yeah.

23 So Florida does have a polling place procedure

24 manual that is applicable statewide. It is part of -- it

25 is created and edited through an administrative rule 82

1 process, and here in Florida, those administrative rules

2 have the same force of law. So whatever is in the poll

3 worker manual is, you know, what we are supposed to follow.

4 But because the poll worker manual has to be

5 generic at the 30,000-foot level, it's not going to drill

6 down into the "how do you unjam a ballot from machine X

7 versus machine Y." And so it basically just says that you

8 follow the guidance that is provided by your system vendor.

9 And so when you first implement a new system -­

10 and the system I am currently using we implemented going

11 late in 2015 going into the 2016 election cycle, and, you

12 know, part of that is a class we affectionately refer to as

13 "care and feeding" of the voting system, where they teach

14 you how to go through all of that. And then you have to

15 apply those processes and procedures that the vendors give

16 you to then conform to your State laws as well.

17 So, you know, my policy, my poll workers' policy,

18 is we never, ever, ever touch a voter's ballot if we can

19 help it. Now, when your ballot gets jammed in the machine

20 and you have got to open the front of it with the keys that

21 only the clerk of the polling place has and pull the

22 machine forward and get that ballot out of the back of the

23 machine before it falls in because maybe it hasn't been

24 counted, certainly you can't let the voter do that, you

25 know, so you have got to have, you know, trained personnel. 83

1 So we actually train our clerks and assistant

2 clerks who are, some people call them poll judges, whoever

3 is in charge of the polling place and their assistant,

4 directly on how to clear those jams. We have training

5 videos that follow the guidance from the vendor as well as

6 our blend of, you know, what we have to do with the law so

7 that they can have ready access to those videos and watch

8 them as many times as they need to to refresh themselves.

9 And then as Mr. Benyo said earlier, we also have

10 roving teams of troubleshooters that are assigned to zones

11 throughout the election day, and that's their only job is

12 to drive around, you know, between 5 or 6 or 8 or

13 10 precincts, depending on the location, and just pop their

14 heads in and see if anything is going wrong. And, you

15 know, if there's a problem, they can usually respond within

16 about 5 to 10 minutes, depending on the locations.

17 I have a very rural county in the north end and a

18 very compact county on the south end divided by a big swath

19 of Federal property called Eglin Air Force Base, so I

20 always have to have teams of troubleshooters in the south

21 end and teams of troubleshooters in the north end. The

22 ones in the north end are a little spread out and have a

23 little bit more distance to cover to get there.

24 But everybody employs a similar strategy. I know

25 in some of the large counties, like Broward, for example, 84

1 they even use their emergency operations center, and they

2 have all of their troubleshooters, all of their precinct

3 polling places, up on the big map in their emergency

4 operations center, keeping track of who is where so that

5 they know who is closest to send when they have problems.

6 So there's a lot of different layers to it here.

7 I can tell you, though, that one of the things we

8 do here following each election is we are all required to

9 file what they call a Conduct of Election Report, and that

10 Conduct of Election Report includes information and details

11 about any equipment failures that we experienced so that

12 the State can review those, and that's part of how the

13 State knows, you know, do we need to go look at these

14 people's machines and ask them, you know, to not, you know,

15 erase the programming and to hold on to it until we can get

16 there kind of stuff.

17 But that Conduct of Election Report, you know,

18 you have to report how many machines you put in the field,

19 how many machines had problems, how many problems couldn't

20 be resolved by troubleshooters, how many machines were

21 replaced with spare machines, et cetera. All of that stuff

22 is part of that Conduct of Election Report that we file at

23 the end of each and every statewide election.

24 REPRESENTATIVE DIAMOND: All right. And then one

25 more question, Mr. Chairman, and we have been asking this 85

1 regularly of our testifiers.

2 You know, there's a ton of preparation and

3 time-consuming efforts involved for counties when it comes

4 to machine operation in every State, whether it's

5 pre-election, election day, or after the polls close. And

6 in 2020, you know, you, just like everyone else, faced the

7 added difficulty of every stage of handling this work

8 during a global pandemic.

9 So, I mean, besides just saying good job and

10 thanks for getting it done, you know, for the people of

11 Florida, I mean, how did you face this major and unexpected

12 challenge and crisis, and did that actually get recorded in

13 the report that you were just talking about in your answer

14 to the previous question? Was that part of like the

15 statewide -- do you consider that kind of a stress test or

16 anything like that?

17 MR. LUX: Well, you know, and it's funny you

18 would ask, because if you talk to anyone who lives in a

19 hurricane State, they'll probably tell you that we managed

20 it the way we always manage hurricanes. Now, of course the

21 difference between, you know, hurricanes and a pandemic is

22 you normally get several days' notice of the hurricane,

23 and, you know, you can plod ahead and look at what on your

24 election schedule it's going to impact.

25 And, of course, the hardest election for us, we 86

1 had a March Presidential Preference Primary, which the

2 lockdown occurred while we were in the middle of the final

3 preparations, just a couple of weeks before that

4 Presidential Preference Primary. And so we did, we quite

5 literally shifted into hurricane mode and, okay, these

6 polling places, our nursing homes, they are no longer

7 available; you know, what's our backup plan for polling

8 places or how do we get ballots to these people? All of

9 that was part -- I mean, it was literally just like, you

10 know, shifting gears and going, oh, we're just going to

11 treat this like a hurricane.

12 Of course, we had much more prep time and much

13 more availability of PPE and things like that going into

14 the August -- we have an August primary, which, of course,

15 falls right in the middle of hurricane season, which is a

16 fabulous time to have primary elections, by the way, and of

17 course our November election, which also is still inside of

18 hurricane season. And in fact we, in my part of the State,

19 got hit by two of them, close to August and close to

20 November. Of all the bad luck draws this time around, to

21 add a hurricane on top of the pandemic as one more concern.

22 But really, you know, any election person out

23 there is a crisis manager, because you never know what

24 piece of equipment is going to break, you never know where

25 the problems are going to occur, you never know where the 87

1 lines are going to show up, and you have to be prepared to

2 spring into action with, as we like to say, you know, we

3 all have very strong coup plans for continuity of

4 operations, but we also have, you know, plan B and plan C

5 and usually down to plans D, E, and F, because things never

6 go to plan.

7 REPRESENTATIVE DIAMOND: Well, thank you so much

8 for your time, Mr. Lux, and also for your very, very

9 interesting perspective on your challenges in Florida.

10 Thank you, Mr. Chairman.

11 MAJORITY CHAIRMAN GROVE: Thank you.

12 Representative Nelson.

13 REPRESENTATIVE NELSON: Thank you, Mr. Chairman.

14 And I very much appreciate your testimony and the

15 view from Florida. I got to live down in the Tallahassee

16 area after I first got out of the Marine Corps. It's a

17 great place to live down there.

18 Earlier in your testimony you had mentioned a

19 term I hadn't heard before, and that was the "immediate

20 online ballots for overseas Service members."

21 MR. LUX: Mm-hmm.

22 REPRESENTATIVE NELSON: Can you touch or expand

23 on that program, how it works?

24 MR. LUX: Sure.

25 So it is a pull system instead of a push system. 88

1 So the way most voting by mail or absentee ballot systems,

2 whichever you want to call it, the way most of them work is

3 the voter requests a ballot and then you send them a ballot

4 and then they send it back. And as I have been fond, the

5 euphemism I have been fond of using is that we have been

6 doing this the same way since the 1860s. Since the

7 United States Civil War, you the voter send me a notice

8 asking me for a ballot and hope I get it. I send you a

9 ballot and hope you get it. You vote your ballot and send

10 it back to me and hope that I get it in time to count it.

11 And we have been doing this the same way since the 1860s.

12 So our hardest to reach demographic, and I

13 mentioned that, you know, my county is divided by Eglin Air

14 Force Base, but it isn't just Eglin Air Force Base. We are

15 a big rectangle. My northern border is Alabama, my

16 southern border is the Gulf of Mexico, and in addition to

17 the largest Air Force Base in the world -- it actually

18 spans over into the neighboring counties -- I also have the

19 Army 7th Special Forces Group. The Air Force Special

20 Operations Command is here. The Navy has an explosive

21 ordnance disposal school here. We have an F-35 program

22 that has, you know, multinational and multi-Service

23 variants for both the Army, Navy -- or I'm sorry, for the

24 Air Force, Navy, and Marine Corps. We have a Coast Guard

25 Station here. So all five Service branches are here, and 89

1 nearly one-fifth of my voting population are military or

2 military families. So serving those voters has always been

3 a priority.

4 So what this system does is we upload from our

5 voter registration system into the Democracy Live

6 LiveBallot system a database of who should be eligible, and

7 what I encourage the users to upload is everybody that

8 could be eligible to use the system. Logging in to the

9 system there is a disclaimer that says that logging in to

10 the system constitutes a request for an absentee ballot;

11 therefore, we are getting the request by them logging in to

12 use the system. And they can log in and get access to

13 their ballot as soon as we have the files uploaded and

14 available, and they can print them out and send them back.

15 The problem in Florida is we still require that they come

16 back either by mail, or if you are overseas, you are still

17 allowed to fax it back. You know, show of hands from all

18 your Representatives who still has a fax machine or who can

19 still find a fax machine, and I suspect that answer is

20 probably virtually nobody.

21 So electronic return is still not part of that

22 process, but it is a pull system. Probably my favorite

23 success story was I had a voter who contacted me. I was at

24 a Friday night football game. My daughter is in the

25 marching band. And an Air Force, a young Airman contacted 90

1 me and said she was having trouble getting her ballot, and

2 I was able to direct her to the site. She was able to log

3 in, and by the time I got to my office Saturday morning,

4 her ballot was already sitting on my fax machine, and it

5 was just as simple as pointing her to the site that was all

6 ready for her to log in to. And so she was able to vote

7 from Kazakhstan without any hassle or additional contact

8 with my office other than the initial contact.

9 REPRESENTATIVE NELSON: And that Democracy Live,

10 you know, with the continual evolution of Florida's

11 program, do you foresee e-return being considered? Would

12 that be able to maintain security and, you know, close that

13 loop faster for Service members?

14 MR. LUX: So I have been -- that is the drum I

15 have been beating for over a decade since I have been in

16 office, and I beat that drum alongside my predecessor for

17 the 10 years I worked for her before I became supervisor.

18 And if you know David Beirne at the Federal

19 Voting Assistance Program, who is the Director, just

20 mention my name and you will get a smile from him, because

21 he knows I hassle him about military ballot return more

22 than anybody else on the planet. Every conference we're

23 ever at together, whenever it's time for questions,

24 David Beirne always knows my hand is going to go up, he

25 always knows what my question is going to be, and he very 91

1 artfully always dodges answering.

2 But, you know, we are at that tipping point in

3 the technology where we can no longer -- you know, most of

4 us know that faxes are e-faxes, so once we all are aware

5 that most faxes are no longer coming from real fax

6 machines, it's time to start talking about the security

7 side and how we can best serve those voters, whether we use

8 a public key/private key system, whether we, you know, use

9 some sort of encrypted phone app, something that they can

10 use their CAC cards for. You know, there's a lot of

11 different ways to skin this. We have just got to, you

12 know, decide that it's a priority.

13 And as I mentioned to somebody earlier today, the

14 OmniBallot system, which was deployed mainly to try and

15 help solve this problem for in-county voters with

16 disabilities, I think -- and, you know, their follow-up to

17 them deploying the OmniBallot system in a number of

18 locations was, how are these people going to be able to

19 return their ballots, and the answer was, sorry, you got to

20 print it out and mail it in. So I think we are going to

21 get a little boost of help from the disability community

22 here in Florida with the OmniBallot system, which is also a

23 Dem Live product, and advance that conversation to be able

24 to better serve military in the near future.

25 REPRESENTATIVE NELSON: Thank you. 92

1 Thank you, Mr. Chairman.

2 MAJORITY CHAIRMAN GROVE: Thank you.

3 I want to go back to the Basic Education

4 Circular. You had mentioned your kind of guidance from

5 Tallahassee. Your State Department comes from an

6 administrative process. Can you just give us a brief how

7 that operates?

8 Here in this State, we get guidance directly from

9 the Secretary. Does that still occur, or is everything

10 kind of preset well in advance through that administrative

11 process?

12 MR. LUX: So the lion's share of it is done

13 through the administrative process, but where we have very

14 loud, very public conversations about certain aspects, we

15 will sometimes get extra guidance documents from the

16 Secretary that have not been through that rule process.

17 And we also, like a lot of folks, the Secretary

18 of State and the attorneys who work for her are the only

19 ones who are authorized to issue legal opinions to our

20 statutes, and those, of course, also have a binding effect

21 on the people who request those opinions. And so a lot of,

22 a lot of the noise in Florida, for example, this last year

23 around the drop boxes, it said the drop boxes had to be

24 monitored, and that's all the law said. That's pretty

25 vague. There was no administrative rule that covered the 93

1 operation of those drop boxes, and so you had counties

2 that said, well, I have got 24/7 surveillance cameras on my

3 drop boxes that's monitoring my drop box. You had other

4 counties that said, I don't put cameras on my drop boxes,

5 I put a human being beside my drop box, and when that

6 human being is not there, the drop box is, you know, pulled

7 inside and it's not available.

8 So the Secretary issued guidance and said in her

9 opinion, drop box monitoring meant you had to have a person

10 there, not a 24-hour camera. We will certainly see some

11 legislation to that effect this time around. But just as

12 an example, you know, the law gives her authority to make

13 rules in certain aspects in administration, so the law is a

14 high-level thought. A little further down, when you get

15 down to the nuts and bolts and into the weeds, that's where

16 the administrative rule process comes in.

17 So, for example, our voter registration form in

18 Florida is created by administrative rule, so the State

19 proposes changes to that rule. When we need to change the

20 form, all of the interested parties come in to the public

21 hearings for the administrative rule and we hash it out and

22 we talk about it and we argue back and forth about it, and

23 then the State rolls out its final version and says, here's

24 your new voter registration form, and that's the one that

25 you use now. 94

1 So a lot of the stuff that we do, a lot of the

2 forms that get created, a lot of the other guidance

3 documents like the Voting System Guidelines, the Polling

4 Place Procedures Manual, the security procedures that we

5 all file with the State, all of those things are maintained

6 and managed through the administrative rule process.

7 MAJORITY CHAIRMAN GROVE: Gotcha.

8 And one final giveaway. Kind of looking at where

9 Florida came from in 2000 to 2020, I think everybody thinks

10 or everybody has agreed that Florida has had a flawless

11 election in 2020. It took a long time to get there. It's

12 not like there was just all one hash of legislation. It's

13 a constant management of the system, correct?

14 The General Assembly in Tallahassee has done

15 multiple election reforms over 20 years, and my

16 understanding, part of that was engaging voter registration

17 directors or elections directors in the counties moving

18 forward, correct?

19 MR. LUX: So we have, you know, it really is an

20 evolution of a lot of things, and there was a lot of

21 growing pains for those of us who grew through all of it to

22 come out on the other end here.

23 But standardizing voting technology was one of

24 the earliest things, right? Everybody votes on a paper

25 ballot. We implemented touchscreens briefly, and then 95

1 quickly unimplemented touchscreens, except for voters with

2 disabilities. Now all of our disability equipment is able

3 to produce a paper, a voter-verified paper trail, or in the

4 case of some of ours, an actual ballot itself like you saw

5 in some of the videos. Requiring uniform ballot design,

6 which, again, is done by administrative rule. Requirements

7 for poll worker training that I mentioned.

8 You know, our poll workers go through required

9 amounts of training, 3 hours for an experienced poll worker

10 before each and every election, 5 hours for a brand-new

11 poll worker before they work their first election.

12 We standardized those polling place procedures,

13 again, by administrative rule.

14 We put into place -- and this was very important.

15 The difference between the success of 2000 and the success

16 of 2018 when I mentioned we had that triple statewide

17 recount was the implementation of mandatory deadlines for

18 recounts. So no one could drag their feet. You either

19 meet the deadline or you report your last-known good

20 results, and that, you know, we were able to get through

21 2018 with 66 to 67 counties meeting all of the deadlines in

22 the statute for that recount in 2018.

23 And then mandatory deadlines for certifying the

24 election. Nothing gets drug out. Although we don't always

25 get, you know, everything out right away on election night, 96

1 usually before we go home or the day after the election,

2 everything is accounted for, you know.

3 And then, you know, add all of the security stuff

4 to that, you know, the different MS and EII; our joint

5 election security initiative where they sent actual

6 security people to each of the 67 counties to make sure our

7 networks were secure before the election cycle started;

8 doing our own tabletop exercises. All of those things

9 contributed greatly to us running a very safe and secure

10 election, even in the midst of a pandemic.

11 MAJORITY CHAIRMAN GROVE: Great. Thank you.

12 If we don't have any questions--

13 We greatly appreciate your time. We appreciate,

14 obviously, your form of service and your insight, not only

15 as an IT professional but also as an elections director

16 from a State who had a seemingly flawless election this

17 last time around. So we greatly, greatly appreciate your

18 insight.

19 And again, to Representative Wheeland's point, we

20 appreciate all the warm weather. As much as you possibly

21 can send up, we would greatly appreciate it.

22 MR. LUX: Yeah.

23 I grew up on the shores of Lake Erie in Ohio, so

24 I know all about how miserable that nasty weather can be up

25 there, and I don't miss it at all. 97

1 MAJORITY CHAIRMAN GROVE: Thank you again. Take

2 care, and we greatly appreciate it. Thank you.

3 MR. LUX: Thank you for your time.

4 MAJORITY CHAIRMAN GROVE: That is all of our

5 panels for this hearing.

6 Any closing remarks?

7 MINORITY ACTING CHAIR KENYATTA: No. Listen,

8 thank you, Mr. Chairman. Thank you for the thoughtful

9 questions today.

10 And as I said in the beginning, if folks paid

11 attention to this, they should leave with a lot of

12 confidence that Pennsylvania is doing this the right way

13 and that their vote is safely recorded on these machines

14 and should feel confident about our elections moving

15 forward. So thank you.

16 MAJORITY CHAIRMAN GROVE: Thank you.

17 I would like to thank all the testifiers for

18 their time today. I would like to thank the Members for

19 their patience and their questions as well.

20 While there has been much discussion about voting

21 machines in the 2016 and 2020 presidential elections, I

22 hope the general public has a better understanding of how

23 election machines are certified and operated in this

24 Commonwealth.

25 Some salient points I think we should all take 98

1 away:

2 Our voting machines are barred from being

3 connected to the Internet, thus they cannot be hacked.

4 Voting machines are required to be an air-gapped

5 system, which means they are not connected to the Internet

6 or any other devices. It's a closed network system.

7 Central automatic tabulation equipment must be

8 publicly tested to ensure they provide accurate counts.

9 Public machines, voting machines, are required to

10 provide audible logs or a date and time-stamped permanent

11 record for system events and audit data.

12 And voting machines are required to have

13 penetration tests to attempt to bypass or break the

14 security of a system or a device to ensure that they work

15 effectively moving forward.

16 These are just some of the standards election

17 machines are required to meet. I will be posting all the

18 documents that this Committee has reviewed going into this

19 Committee on my website so the general public can look at

20 all those security standards.

21 Of note, I have sent them to my best friend who

22 worked for the NSA, still works for the NSA, and he's not

23 the guy that goes and protects security, he's the guy that

24 goes and infiltrates security. He was very impressed with

25 the system standards that we have, particularly the 99

1 penetration tests within that data, so that gives me some

2 good confidence.

3 The certification of voting equipment and their

4 operation are a critical component in election integrity.

5 Getting this policy correct is critically important moving

6 forward. The testimony today will provide the backbone of

7 certification and operation of voting equipment policy for

8 this Committee moving forward.

9 I look forward to continuing the bipartisan

10 election oversight hearings and partnering with

11 stakeholders like our counties and the Department of State

12 and, of course, our county governments.

13 With that, this hearing is adjourned.

14

15 (At 4:03 p.m., the public hearing adjourned.) 100

1 I hereby certify that the foregoing proceedings

2 are a true and accurate transcription produced from audio

3 on the said proceedings and that this is a correct

4 transcript of the same.

5

6

7

8 Debra B. Miller

9 Transcriptionist

10 [email protected]