Loading...
19-R-68 - Adoptig Bexar County Election System and Software Express Vote Universal Voting SystemRESOLUTION NO. 19 -R -68 A RESOLUTION BY THE CITY COUNCIL OF SCHERTZ ADOPTING THE BEXAR COUNTY ELECTION SYSTEM AND SOFTWARE; EXPRESS VOTE UNIVERSAL VOTING SYSTEM FOR EARLY VOTING IN PERSON, EARLY VOTING BY MAIL, ELECTION DAY VOTING AND PROVISIONAL BALLOTS IN ALL FUTURE ELECTIONS HELD IN BEXAR COUNTY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, in an effort to achieve the ongoing goal of meeting the voting needs of the residents of Bexar County, Bexar County has determined the purchase of a new electronic voting system is necessary; and WHEREAS, on March 26, 2019 the Bexar County Election Administrator unanimously selected for the new Electronic Voting System to Election System & Software (ES &S) upon approval of the contract by the Texas Secretary of State; and WHEREAS, the Texas Secretary of State has officially approved the contract between Bexar County and ES &S for the purchase of the Express Vote Universal Voting System, and on May 21, 2019 Bexar County Commissioners Court approved; and WHEREAS, the Express Vote Universal Voting System consists of many components; i.e., the ExpressVote Ballot Marking Device, the DS200 precinct digital scanner and tabulator, the DS450 high speed central scanner and tabulator, the ExpressTouch DRE and Electionware election management softwarey BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: The City Council hereby authorizes the adoption of the Bexar County Election System & Software; Express Vote Universal Voting System for Early Voting in Person, Early Voting by Mail, Election Day Voting and Provisional Ballots in all future elections held in Bexar County. Section 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 2. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 3. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 4. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 5. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 6. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 7th day of March 2019 CITY OF' ,(TfI RTZ, TEXAS /Mayor'Michael R. Carpenter ATTEST: Brenda Dennis, City Secretary Elections Division P.O. Box 12060 Austin Texas 78711 -2060 www.sos.state.tx.us April 18, 2019 Jacque Callanen Elections Administrator Bexar County 1103 S. Frio, Suite 100 San Antonio, Texas 78207 Dear Ms. Callanen: The State of Texas David Whitley Secretary of State Phone: 512463 -5650 Fax: 512 -475 -2811 TTY: 7 -1 -1 (800) 252 -VOTE (8683) We are in receipt of a copy of the proposed contract between Bexar County and Election Systems & Software ( "ES &S'), which you have submitted to the Secretary of State pursuant to Section 123.035 of the Texas Election Code. The contract indicates the county plans to acquire ES &S's EVS 6020 which includes the DS200 precinct scanner, the DS450 central scanner, the DS850 central scanner, and the ExpressVote ballot marking device. This letter will serve as confirmation from our office that this system is currently certified for use in Texas. Enclosed is a copy of the certification order that pertains to this system. We therefore, officially, approve the submitted contract for the purchase of these systems. Pursuant to state law, this written approval of your voting system contract is required prior to your final execution of the contract, or it will be considered void. If you need additional information, please contact the Elections Division toll -free at 1- 800 -252- 2216. Sincerely, Keith `ln ,rani Director of Elections Enclosures KI:CP Elections Division P.O. Box 12060 Austin, Texas 76711 -2060 www.sos.tem.gov The State of Texas David Whitley Secretary of State Phone: 512463 -5650 Fax: 512-475-2811 Dial 7 -1 -1 For Relay Services (800) 252 -VOTE (8683) REPORT OF REVIEW OF ES&S EVS 6.0.2.0 AND THE EXPRESSVOTE XL PRELIMINARY STATEMENT On January 22, 2019, Election Systems & Software (the "Vendor's presented EVS 6.0.2.0 and the ExpressVote XL for examination and certification. The examination was conducted in Austin, Texas. Pursuant to Sections 122.035(a) and (b) of the Texas Election Code, the Secretary of State appointed the following examiners: 1. Mr. Tom Watson, an expert in electronic data communication systems; and 2. Mr. Charles Pinney, an expert in election law and procedure. Pursuant to Section 122.035(a), the Texas Attorney General appointed the following examiners: 1. Dr. Jim Sneeringer, an expert in electronic data communication systems; and 2. Mr. Ryan Vassar, an employee of the Texas Attorney General. On January 22, 2019, Mr. Watson, Mr. Pinney, Dr. Sneeringer, and Mr. Vassar were present and witnessed the installation of the EVS 6.0.2.0 software and firmware that the Office of the Texas Secretary of State (the "Office') received directly from the Independent Testing Authority. Mr. Pinney and Ms. Krysiine Ramon, a staff attorney with the Office, examined the accessibility components of the ExpressVote XL. After the accessibility review, the Vendor demonstrated the system and answered questions presented by the examiners. Test ballots were then processed on the ExpressVote XL. The results were accumulated and later verified for accuracy by staff of the Secretary of State. Examiner reports on the system are attached hereto and incorporated herein by reference. On March 13, 2019, a public hearing was conducted in which interested persons were given an opportunity to express views for or against certification of the system. BRIEF DESCRIPTION OF EVS 6.0.2.0 AND THE EXPRESSVOTE XL The EVS 6.0.2.0 Voting System contains a new hardware component and an updated version of the reporting module in the ElectionWare software in previous versions of EVS that the Secretary of State certified on December 15, 2016, July 28, 2017, and November 15, 2018. EVS 6.02.0 (together with ExpressVote and ExpressTouch) has been evaluated at an accredited independent voting system testing laboratory for conformance to the 2005 Voluntary Voting System Guidelines. It has received Elections Assistance Commission (EAC) # ESSEVS6020 on October 4, 2018. The components of EVS 6.0.2.0 are as follows: Component ExpressVote XL ExpressTouch DS200 DS450 DS850 ExpressVote HW 1.0 ExpressVote HW 2.1 ElectionWare ES &S Event Log Service L ExpressVote Previewer 1.0 ExpressVote Previewer 2.1 Removable Media Service Version Description Y 1.0.0.0 Accessible ballot marker and precinct scanner 1.0.0.0 Accessible electronic vote capture and device 2.17.0.0 _tabulation Precinct Scanner and Tabulator 3.1.0.0 Central Scanner and Tabulator 3.1.0.0 Central Scanner and Tabulator 1.5.0.0 Accessible electronic ballot marker 2.4.0.0 Accessible electronic ballot marker and precinct scanner _ 5.0.1.0 Database system that allows jurisdictions to code, lay out ballots, and burn media 1.6.0.0 Background function that monitors the functioning of Windows Event Viewer 1.5.0.0 Allows user to preview screen and layout and audio for ExpressVote 2.4.0.0 Allows user to preview screen and layout and audio for ExpressVote 1.5.0.0 Supports installation and removal of election and results media FINDINGS The following are the findings, based on written evidence submitted by the Vendor in support of its application for certification, oral evidence presented at the examination, and Texas voting system examiner reports. The EVS 6.0.2.0 Voting System and the ExpressVote XL ballot marking device and precinct scanner meet the standards for certification as prescribed by Section 122.001 of the Texas Election Code. Specifically, the EVS 6.0.2.0 and the ExpressVote XL components, among other things: 1. Preserve the secrecy of the ballot; 2. Are suitable for the purpose for which they are intended; 3. Operate safely, efficiently, and accurately and comply with the voting system standards adopted by the Election Assistance Commission; 4. Are safe from fraudulent or unauthorized manipulation; 5. Permit voting on all offices and measures to be voted on at the election; 6. Prevent counting votes on offices and measures on which the voter is not entitled to vote; 7. Prevent counting votes by the same voter for more than one candidate for the same office or, in elections in which a voter is entitled to vote for more than one candidate for the same office, prevent counting votes for more than the number of candidates for whom the voter is entitled to vote; 8. Prevent counting a vote on the same office or measure more than once; 9. Permit write -in voting; 10. Are capable of permitting straight -party voting; and 11. Are capable of providing records from which the operation of the system may be audited. CONCLUSION Accordingly, based upon the foregoing, I hereby certify the EVS 6.0.2.0 Voting System and the ExpressVote XL for use in elections in Texas. Signed under my hand and seal of office, this 2q 'day of 2019. SEA. DEPUTY SECRETARY OF STATE Elections Division P.O. Box 12060 Austin, Texas 79711-2060 www.sas.texas.gov The State Of Texas David Whitley Secretary of State Phone: 512463 -5650 Fax: 512475 -2811 Dial 7 -1 -1 For Relay Services (800) 252 -VOTE (8683) REPORT OF REVIEW OF ES &S EVS 6.0.2.0 AND THE EXPRESSVOTE XL PRELIMINARY STATEMENT On January 22, 2019, Election Systems & Software (the "Vendor ") presented. EVS 6.0.2.0 and the ExpressVote XL for examination and certification. The examination was conducted in Austin, Texas. Pursuant to Sections 122.035(a) and (b) of the Texas Election Code, the Secretary of State appointed the following examiners: 1. Mr. Tom Watson, an expert in electronic data communication systems; and 2. Mr. Charles Pinney, an expert in election law and procedure. Pursuant to Section 122.035(a), the Texas Attorney General appointed the following examiners: 1. Dr. Jim Sneeringer, an expert in electronic data communication systems; and 2. W. Ryan Vassar, an employee of the Texas Attorney General. On January 22, 2019, Mr. Watson, Mr. Pinney, Dr. Sneeringer, and Mr. Vassar were present and witnessed the installation of the EVS 6.0.2.0 software and firmware that the Office of the Texas Secretary of State (the "Office ") received directly from the Independent Testing Authority. Mr. Pinney and Ms. Krystine Ramon, a staff attorney with the Office, examined the accessibility components of the ExpressVote XL. After the accessibility review, the Vendor demonstrated the system and answered questions presented by the examiners. Test ballots were then processed on the ExpressVote XL. The results were accumulated and later verified for accuracy by staff of the Secretary of State. Examiner reports on the system are attached hereto and incorporated herein by reference. On March 13, 2019, a public hearing was conducted in which interested persons were given an opportunity to express views for or against certification of the system. BRIEF DESCRIPTION OF EVS 6.0.2.0 AND THE EXPRESSVOTE XL The EVS 6.0.2.0 Voting System contains a new hardware component and an updated version of the reporting module in the ElectionWare software in previous versions of EVS that the Secretary of State certified on December 15, 2016, July 28, 2017, and November 15, 2018. EVS 6.0.2.0 (together with ExpressVote and ExpressTouch) has been evaluated at an accredited independent voting system testing laboratory for conformance to the 2005 Voluntary Voting System Guidelines. It has received Elections Assistance Commission (EAC) # ESSEVS6020 on October 4, 2018. The components of EVS 6.0.2.0 are as follows: Component ExpressVote XL ExpressTouch DS200 DS450 ' DS850 ExpressVote HW 1.0 ExpressVote HW 2.1 t ElectionWare ES &S Event Log Service ExpressVote Previewer 1.0 ExpressVote Previewer 2.1 Removable Media Service Version 1 Description 1.0.0.0 Accessible ballot marker and precinct scanner _ 1.0.0.0 Accessible electronic vote capture and tabulation device 2.17.0.0 Precinct Scanner and Tabulator 3.1.0.0 3.1.0.0 1.5.0.0 2.4.0.0 5.0.1.0 Central Scanner and Tabulator Central Scanner and Tabulator f Accessible electronic ballot marker Accessible electronic ballot marker and precinct scanner _ Database system that allows jurisdictions to code, lay out ballots, and burn media 1.6.0.0 Background function that monitors the functioning of Windows Event Viewer 1.5.0.0 Allows user to preview screen and layout and audio for ExpressVote 2.4.0.0 Allows user to preview screen and layout and audio for ExpressVote 1.5.0.0 Supports installation and removal of election and results media FINDINGS The following are the findings, based on written evidence submitted by the Vendor in support of its application for certification, oral evidence presented at the examination, and Texas voting system examiner reports. The EVS 6.0.2.0 Voting System and the ExpressVote XL ballot marking device and precinct scanner meet the standards for certification as prescribed by Section 122.001 of the Texas Election Code. Specifically, the EVS 6.0.2.0 and the ExpressVote XL components, among other things: 1. Preserve the secrecy of the ballot; 2. Are suitable for the purpose for which they are intended; 3. Operate safely, eiiiciently, and accurately and comply with the voting system standards adopted by the Election Assistance Commission; 4. Are safe from fraudulent or unauthorized manipulation; 5. Permit voting on all offices and measures to be voted on at the election; 6. Prevent counting votes on offices and measures on which the voter is not entitled to vote; 7. Prevent counting votes by the same voter for more than one candidate for the same office or, in elections in which a voter is entitled to vote for more than one candidate for the same office, prevent counting votes for more than the number of candidates for whom the voter is entitled to vote; 8. Prevent counting a vote on the same office or measure more than once; 9. Permit write -in voting; '10. Are capable of permitting straight -party voting; and 11. Are capable of providing records from which the operation of the system may be audited. CONCLUSION Accordingly, based upon the foregoing, I hereby certify the EVS 6.0.2.0 Voting System and the ExpressVote XL for use in elections in Texas. Signed under my hand and seal of office, this �"� 'day of 2019. JOSE A. ' - -- DEPUTY SECRETARY OF STATE � CM © 'D 4 .0 E �. ■ x. ■ (1) 2 c® .E k 0 � e � 2 � r E © z2 > 2 � » � � � � � ■ v � o § M c � e ■ � 2 � UL o / ■ m E � U � � e � ll% \ e � k222 0 2 0 k a , . � ■ � e 2co2k� k ƒ 2 k / ■22_ Q5, §§ CL � N ;�§ ■ ) f ■ @Iwx I § § 3 f ( � �E206 a a ���� ,