PUBLIC HEARING STATE OF CALIFORNIA SECRETARY OF STATE SECRETARY OF STATE'S OFFICE 1500 11TH STREET FIRST FLOOR AUDITORIUM SACRAMENTO, CALIFORNIA MONDAY, JULY 30, 2007 10:04 A.M. JAMES F. PETERS, CSR, RPR CERTIFIED SHORTHAND REPORTER LICENSE NUMBER 10063 TIFFANY C. KRAFT, CSR, RPR CERTIFIED SHORTHAND REPORTER LICENSE NUMBER 12277 PETERS SHORTHAND REPORTING CORPORATION (916) 362-2345 ii APPEARANCES SECRETARY OF STATE Ms. Debra Bowen PANEL MEMBERS Mr. John Pérez, Moderator Ms. Judith Carlson, Elections Divison Counsel Mr. Lowell Finley, Deputy Secretary, Voting Systems Policies Mr. Lee Kercher, Chief, Information Technology Division Mr. Bruce McDannold, Interim Director, Office of Voting Systems Technology Assessment Mr. Chris Reynolds, Deputy Secretary, HAVA Activities ALSO PRESENT Ms. Ana Acton, FREED Ms. Kim Alexander, California Voter Foundation Dr. Judy Alter, Protect California Ballots Mr. Dan Ashby, Election Defense Alliance Mr. Stephen Aye, Placer County Ms. Ann Barnett, Kern County Mr. Wayne Beckham, Riverside County ROV Mr. Jerry Berkman Ms. Judy Bertelsen, Alameda County Mr. Matthew Bishop, University of California, Davis Ms. Julie Bustamante, Lassen County Clerk-Recorder PETERS SHORTHAND REPORTING CORPORATION (916) 362-2345 iii APPEARANCES CONTINUED ALSO PRESENT Mr. Philip Chantri, Santa Clara County Ms. Gloria Coutts, Placer County Ms. Cathy Darling, Shasta County Mr. Alan Dechert, Open Voting Consortium Ms. Barbara Dunmore, Riverside County ROV Ms. Teresa Favuzzi, California Foundation for Independent Living Centers Mr. Dennis Floyd, San Diego County Mr. Dero Forslund, Trinity County Ms. Michelle Gabriel Mr. Brett Garrett Ms. Sharon Graham Ms. Terry Hansen, Yuba County Mr. Philip Harlan, Sonoma County Democratic Committee Mr. Joseph Holder Mr. Mark Keenberg, California Election Protection Network Mr. Michael Keenen Mr. Neal Kelley, Orange County Ms. Jennifer Kidder, Elections Committee of Progressive Democrats of East Bay Mr. Douglas Kinzle, Riverside County ROV Mr. Dan Kysor, California Council of the Blind Ms. Emily Levy, Brad Blog PETERS SHORTHAND REPORTING CORPORATION (916) 362-2345 iv APPEARANCES CONTINUED ALSO PRESENT Mr. John Longoria, Disability Rights Legal Center Ms. Candy Lopez, Contra Costa County Elections Mr. Dave MacDonald, Alameda County Ms. Diana Madoshi, California Alliance for Refined Americans Mr. Jim McCauley, Placer County Ms. Conny McCormack, Los Angeles County Registrar, Recorder, County Clerk Mr. Tim McNamara, Los Angeles County Mr. Clark Moots, Placer County Ms. Freddie Oakley, Yolo County Ms. Gail Pellerin, Santa Cruz County Clerk Ms. Kelsey Ramage Mr. Preston Reese Ms. Eve Roberson Ms. Julie Rodewald, San Luis Obispo County Mr. Ryan Ronco, Placer County Ms. Bev Ross, Tehama County Ms. Deborah Seiler, San Diego Registrar of Voters Mr. Stuart Schy Mr. Jim Soper, VRTF Mr. Greg Taber Mr. Richard Tamm Mr. Brandon Tartaglia, Protection & Advocacy PETERS SHORTHAND REPORTING CORPORATION (916) 362-2345 v APPEARANCES CONTINUED ALSO PRESENT Ms. Lisa Thomas, Placer County Mr. Brent Turner, OVC, SFEIL, BBV Mr. John Tuter, Napa County Ms. Kari Vergil, San Bernardino County ROV Mr. Steve Weir, California Association of Clerks and Elections Officials Ms. Ann West Ms. Gail Work, Grassroots for Bowen PAC PETERS SHORTHAND REPORTING CORPORATION (916) 362-2345 vi INDEX PAGE Opening remarks by Moderator Pérez 1 Opening remarks by Secretary Bowen 1 Remarks by Moderator Pérez 9 Presentation by Mr. Bishop 12 Q&A by Panel Members 39 Presentation by Mr. Norcross representing Diebold Election Systems 51 Presentation by Mr. McClure representing Hart Intercivic 57 Presentation by Mr. Bennett representing Sequoia Voting Systems 72 Afternoon Session 96 Mr. Harlan 98 Ms. Roberson 100 Mr. Schy 102 Mr. Weir 103 Ms. Lopez 109 Mr. Taber 111 Ms. Darling 114 Mr. Dechert 116 Mr. Turner 119 Ms. Levy 122 Mr. Keenberg 124 Mr. Forslund 127 Mr. McNamara 129 PETERS SHORTHAND REPORTING CORPORATION (916) 362-2345 vii INDEX CONTINUED PAGE Ms. McCormack 132 Ms. Seiler 140 Mr. Floyd 145 Mr. Kyser 147 Ms. Bustamante 149 Mr. MacDonald 151 Ms. Rodewald 153 Ms. Hansen 154 Ms. Ramage 156 Ms. Work 158 Ms. Barnett 160 Ms. Ross 163 Ms. Acton 165 Dr. Alter 167 Ms. Pellerin 169 Ms. Oakley 172 Mr. Moots 175 Mr. Chantri 177 Mr. McCauley 179 Ms. Coutts 180 Mr. Ronco 181 Mr. Aye 185 Mr. McCauley 187 PETERS SHORTHAND REPORTING CORPORATION (916) 362-2345 viii INDEX CONTINUED PAGE Ms. Bertelsen 192 Mr. Kelley 194 Ms. Gabriel 196 Ms. Graham 199 Ms. Madoshi 201 Ms. Alexander 203 Mr. Tuteur 205 Ms. Kidder 208 Mr. Tam 211 Mr. Soper 213 Ms. Grubbs 220 Mr. Longoria 220 Mr. Tartaglia 223 Mr. Reese 225 Mr. Berkman 226 Ms. Vergil 233 Ms. Dunmore 235 Mr. Kinzle 238 Mr. Beckham 240 Mr. Ashby 243 Mr. Garrett 247 Ms. West 249 PETERS SHORTHAND REPORTING CORPORATION (916) 362-2345 ix INDEX CONTINUED PAGE Mr. Keenan 250 Mr. Holder 252 Q&A by Panel Members of Mr. Bishop 255 Ms. Favuzzi 258 Mr. Turner 260 Mr. Soper 262 Closing remarks by Moderator Pérez 263 Adjournment 263 Reporter's Certificate 264 PETERS SHORTHAND REPORTING CORPORATION (916) 362-2345 1 1 PROCEEDINGS 2 MODERATOR PÉREZ: Thank you for coming this 3 morning. I'm John Pérez. I'm the Chair of the California 4 Voting Modernization Board and I'll be moderating the 5 proceedings today. 6 This is a public hearing designed to discuss the 7 University California's red team and Accessibility reviews 8 of 3 of California's voting systems, reviews that were 9 conducted at the request of Secretary of State, Debra 10 Bowen. 11 And I want to start off by thanking John Hancock 12 and Jim Gualtieri and their team at the California Channel 13 for agreeing to webcast this hearing, so that people who 14 couldn't be here today will be able to view the 15 proceedings on line. And if the State Senate isn't in 16 session today or for periods of time that they're not in 17 session, this will also be broadcast directly on the 18 California Channel itself. 19 Before I get into the details of exactly how 20 we'll be proceeding throughout the day and the guidelines 21 for our hearing, I'd like to first introduce the Secretary 22 of State for some introductory remarks. So please welcome 23 California Secretary of State Debra Bowen. 24 (Applause.) 25 SECRETARY OF STATE BOWEN: Good morning. Thank PETERS SHORTHAND REPORTING CORPORATION (916) 362-2345 2 1 you, John and thank all of you for being here today. It 2 is quite an extraordinary day. I am moved by the number 3 of citizens who care about democracy and the tools of 4 democracy and who have demonstrated that concern by 5 learning the issues, by reading reams of documents, 6 sometimes with very short notice, and by being part of 7 this hearing today, whether by being here in this 8 auditorium, watching on the California Channel, watching 9 on line, listening by conference call or by reading the 10 reports that come from those who were here today. 11 Despite what are undoubtedly very divergent views 12 on the political issues of our time, we have one thing in 13 common. We all care deeply about our democracy and the 14 tools that we use to ensure that our voices are heard. 15 And our very existence as a democracy is dependent on our 16 having voting systems that are secure, accurate, reliable, 17 and accessible, and one more thing, they must be 18 transparent and verifiable. 19 The review that I asked the University of 20 California to conduct is intended to help us determine 21 whether the voting systems we use meet those standards. I 22 want to express my great gratitude to the University of 23 California and its researchers for agreeing to conduct the 24 top to bottom review. I also want to recognize the 3 25 voting system vendors who agreed, without too much PETERS SHORTHAND REPORTING CORPORATION (916) 362-2345 3 1 cajoling, to take part in this review. 2 As many of you know, one vendor was so late in 3 providing the materials we needed that it's system could 4 not be included in the review and that is something I will 5 be dealing with in the coming days and weeks. However, 6 Hart, Diebold and Sequoia worked with my staff and the 7 review team and I want to thank them for that. 8 My one regret about this project is time. The 9 addition of a February Presidential Primary is a wonderful 10 thing for California voters who want to play a role in the 11 Presidential nomination process, but it definitely made 12 the top to bottom review process more challenging. The 13 testers didn't have as much time as they would have liked 14 to review this systems. I wasn't able to give all of you 15 nearly as much time as I would have liked between the time 16 the reports came out and this public hearing. And I'm 17 certainly not going to have as much time as I would like 18 between now and Friday, which is the legal deadline for 19 taking some major decisions. 20 However, extending the time line for review could 21 have put counties in a position to have had to make 22 changes between February and June or between June and 23 November. Worse yet, finding out about major issues close 24 to the February election would have left us without the 25 ability to make certain kinds of changes and in the PETERS SHORTHAND REPORTING CORPORATION (916) 362-2345 4 1 position of having to conduct a Presidential Primary using 2 voting equipment known to have unresolved flaws. The 3 implications of that for public confidence were absolutely 4 unacceptable.