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
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 Election s 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.