BEFORE THE SECRETARY OF STATE

OF THE STATE OF MONTANA

 

In the matter of the adoption of NEW RULE I pertaining to performance standards for devices that provide accessible voting technology for electors with hearing, vision, speech, or ambulatory impairments

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NOTICE OF ADOPTION

 

TO: All Concerned Persons

 

1. On July 26, 2019, the Secretary of State published MAR Notice No. 44-2-234 pertaining to the public hearing on the proposed adoption of the above-stated rule at page 1045 of the 2019 Montana Administrative Register, Issue Number 14. On September 6, 2019, the Secretary of State published an amended notice of proposed adoption of the above-stated rule at page 1517 of the 2019 Montana Administrative Register, Issue Number 17.

 

           2. The following rule is being adopted as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

           NEW RULE I (44.3.117) PERFORMANCE STANDARDS FOR ACCESSIBLE VOTING TECHNOLOGY DEVICES  (1)  A At a minimum, a voter interface device must meet the Elections Assistance Commission's (EAC) standards for Voluntary Voting System Guidelines (VVSG) version 1.0 or greater adopted by the EAC on December 13, 2005, for accessible voting technology for electors with hearing, vision, speech, or ambulatory impairments.  However, in lieu of meeting VVSG version 1.0, a voter interface device may meet VVSG versions greater than 1.0 that were adopted by the EAC on or before September 6, 2019.

(2)  The U.S. Election Assistance Commission (EAC) was created for the purpose of helping states implement the Help America Vote Act of 2002 (HAVA).  The EAC is an independent, bipartisan commission charged with developing guidance to meet HAVA requirements and adopting VVSG.  The VVSG are a set of specifications and requirements against which voting systems can be tested to determine if the systems meet required standards.  Some factors examined under these tests include basic functionality, accessibility, and security capabilities.  HAVA mandates that the EAC develop and maintain these requirements.

(3)  VVSG copy of VVSG 1.0 may be found at: https://www.eac.gov/documents/2017/03/15/vvsg-10-vol-1-voluntary-voting-system-guidelines-vvsg/.

 

            3. The final adoption of this rule incorporates suggested grammatical and/or wording revisions for rule clarity purposes.

 

 

/s/ Austin James                                         /s/ Dana Corson                             

Austin James                                              Dana Corson

Rule Reviewer                                            Director of Elections

                                                                    Secretary of State

 

 

Dated this 8th day of October, 2019.