Numbered Memo 2019-04: Voting Systems Certification Procedures

The procedures a county board of elections is required to follow when seeking to use certified voting systems.

Author: Karen Brinson Bell, Executive Director

On Aug. 23, 2019, the State Board of Elections met and voted to certify several new voting systems for use in North Carolina’s elections. This numbered memo details the procedures a county board of elections is required to follow when seeking to use certified voting systems. The procedures a county board of elections must follow when seeking to use a new voting system in the county are the same regardless of when the voting system was certified.

Only voting systems certified by the State Board may be used in North Carolina. North Carolina law and the Elections Systems Certification Program adopted by the State Board establish the role of the county board of elections in selecting a new voting system for that county and impose procedures during and after the adoption and acquisition of a certified voting system for use in the county.

Vendors must also meet certain requirements during the certification process itself and must continue to meet these requirements for as long as the voting system is certified. This office is providing instruction to vendors to ensure they meet all requirements. A copy of those instructions is attached to this numbered memo and should be reviewed by the county board of elections.

For detailed information on the certification process and the role of the State Board and vendors, please see the Elections Systems Certification Program (PDF).

Voting Systems Certified by the State Board

On Aug. 23, 2019, the State Board certified the following voting systems for use in North Carolina:

  • Clear Ballot ClearVote 1.4

    • ClearCast precinct tabulator
    • ClearAccess ballot marking device
    • ClearCount central tabulator
    • ClearAudit election audit system

  • ES&S EVS 5.2.2.0

    • DS200 precinct tabulator
    • DS450 central tabulator
    • DS850 central tabulator
    • ExpressVote ballot marking device
    • AutoMARK ballot marking device

  • Hart InterCivic Verity Voting 2.2

    • Verity Scan precinct tabulator
    • Verity Touch Writer ballot marking device
    • Verity Central Workstation central tabulator
    • Verity Print ballot on demand

The following voting systems continue to be certified for use in North Carolina:

  • ES&S Unity 3.0.1.1

    • M100 precinct tabulator
    • M650 central tabulator
    • AutoMARK ballot marking device
    • iVotronic voter terminal*
    • iVotronic ADA terminal*

  • ES&S Unity 3.4.1.1

    • M100 precinct tabulator
    • DS200 precinct tabulator
    • M650 central tabulator
    • DS850 central tabulator
    • AutoMARK ballot marking device

*Starting in 2020, all voting systems must produce a paper ballot, which will serve as the official record of a voter’s selections. Direct Record Electronic (DRE) machines will be decertified by statute on Dec. 1, 2019 and may not be used in any election after that date.

Requirements for the Adoption and Acquisition of a Certified Voting System

Ultimately, the county board of commissioners (with the recommendation and approval of the county board of elections) must adopt and acquire a voting system that is certified by the State Board for use in some or all voting places in the county for some or all elections. Before the board of county commissioners approves the adoption and acquisition of a voting system, the county board of elections must do the following steps:1

  1. Witness a demonstration of the recommended type of voting system plus at least one other certified type of voting system. The demonstration can take place in the county or at a site designated by the State Board
    • The demonstration should be organized as part of a public meeting with invitations sent to the county board of commissioners, the county manager, the county attorney, and the political parties in the county.
    • The county board should give public notice of the demonstration and meeting, as it does for all other board meetings.
    • A majority of county board members voting on the recommendation must have witnessed a demonstration. All board members of the county board of elections should witness a demonstration if possible. 
  2. Make a preliminary recommendation to the board of county commissioners as to which type of voting system should be acquired by the county.
    • Official action to preliminarily recommend to the board of commissioners can be taken as soon as the same meeting during which the demonstration is conducted, provided the meeting is properly noticed. Alternatively, the meeting to preliminarily recommend a voting system may be noticed prior to the demonstration as long as the meeting is held after the demonstration.
    • The Board can document its recommendation by resolution, letter, presentation, or other official action.
  3. The county board must instruct the county board staff to test the proposed voting system in at least one precinct where the voting system would be used if adopted. The test must take place during an election.
    • County board staff must notify State Board voting systems staff of its intent to test the recommended voting system.
    • The voting systems election management system and the components of the system must undergo Logic & Accuracy testing prior to use in the test election.
    • After completing canvass, the county board must determine that the recommended voting system has met the requirements for voting in that county.
    • Specific to procurement of a voting system prior to 2020 primaries and elections, the test must occur on Election Day for the November 2019 election. Due to administrative and timing constraints, testing at a one-stop voting site for the November 2019 election will not be permitted.
  4. Seek State Board approval to replace the current voting system.
    • The county board of elections cannot replace any voting system, or any portion thereof, without approval of the State Board.2
    • The form to request approval is attached.
  5. Make a final recommendation to the board of county commissioners.
    • The board of commissioners can decline to adopt or acquire any voting system recommended by the county board of elections, but it cannot adopt and acquire a voting system that has not been approved by the county board of elections.3
    • The public contracting and procurement statutes do not apply to the purchase of a certified voting system.
    • Along with the final recommendation, the CBE must submit the proposed vendor contract to the State Board of Elections for review and approval.

1 See G.S. § 163A-1117 and Section 3.3.2 of the Certification Program.

2 See G.S. § 163A-1117(b)(3).

3 See G.S. § 163A-1116.

Upcoming Regional Public Demonstration Dates and Locations

As provided by G.S. § 163A-1117(b)(2), the State Board of Elections is coordinating demonstrations at the following locations and tentative dates:

  • Haywood County: Sept. 12 or 13
  • Guilford County: Sept. 12 or 13
  • Brunswick County: Sept. 17
  • Mecklenburg County: Sept. 23
  • Pitt County: Sept. 18 or 19

Additional information will be provided within a few business days. Counties may still conduct demonstrations in their county provided that requirements for demonstration are met and the demonstration is held no later than Sept. 23 in order to allow for adequate time to prepare for a November 2019 test election.

Requirements After the County Has Adopted and Acquired a Certified Voting System

The county board of elections must comply with any requirements of the State Board regarding training and support of the voting system by completing all of the following:4

  • The CBE must comply with all of the vendor’s specifications for ballot printers. The CBE can contract with noncertified ballot printer vendors as long as that vendor meets all of the specifications and the State Board’s quality assurance requirements. The CBE must maintain annual software license agreements.
  • The CBE must uphold annual maintenance agreements necessary to maintain the warranty of the voting system or employ qualified personnel to maintain a voting system in lieu of entering into maintenance agreements.
  • Before entering into any maintenance agreement, the CBE shall ensure the vendor agrees to operate a training program for qualified personnel hired by the CBE.
  • The CBE must notify the State Board at the time of every repair, according to State Board guidelines.
  • The CBE must continue to comply with the Voting Systems Vendor Code of Ethics (PDF).

4 See G.S. § 163A-1117(b).

Accessibility Requirement

The Help America Vote Act mandates that a voting system provide the same opportunity for access and participation to voters with disabilities as it does to voters without disabilities. Federal law requires that each voting place have an accessible voting option for voters with disabilities to vote independently. A county board may choose to use any of the certified ballot marking devices to meet this requirement, but due to limitations in tabulation software, a county may not acquire voting systems from more than one vendor.

In selecting the voting system that will be used, county boards should be mindful of the requirement that they must make available at each voting place “an adequate quantity of official ballots or equipment.”  Similarly, county commissioners shall provide “for each of those voting places sufficient equipment of the approved voting system.” G.S. § 163A-1119. County boards should consider the expected turnout in their county and each voting place, including One-Stop early voting, central transfer location, and Election Day, in future elections, including the 2020 presidential election when turnout is anticipated to be high, and the need to reduce long lines whenever possible.

[Download the PDF below for the Request for Replacement of County Voting System and the Notice of Certification to Voting System Vendors.]

↓ Voting Systems Certification Procedures: Numbered Memo 2019-04 (PDF)

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