Montana Administrative Register Notice 44-2-234 No. 17   09/06/2019    
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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









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.


2. The Secretary of State will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact the Secretary of State no later than 5:00 p.m. on September 19, 2019, to advise us of the nature of the accommodation that you need.  Please contact Austin James, Secretary of State's Office, P.O. Box 202801, Helena, Montana, 59620-2801; telephone (406) 444-6197; fax (406) 444-3976, or e-mail Austin.James@mt.gov.


3.  The legislature's adoption of SB 291 directed the Secretary of State to adopt rules setting a benchmark performance standard based on commonly accepted industry standards for readily available technology that must be met in tests by each voting system.


In doing so, the proposed matter by the Secretary of State adopts the Voluntary Voting System Guidelines created by the U.S. Election Assistance Commission.


Due to the proposed adoption's incorporation by reference, the Secretary of State is obligated to satisfy certain requirements.  Therefore, the purpose of this amended notice is to extend the written comment period and provide the material required.  NEW RULE I remains as proposed in the original proposal.


The U.S. Election Assistance Commission (EAC) was created for the purpose of helping states implement the HAVA act. The EAC is an independent, bipartisan commission charged with developing guidance to meet HAVA requirements, and adopting voluntary voting system guidelines (VVSG).


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 EAC develop and maintain these requirements.


For the purposes of SB 291, the Office of the Secretary of State adopts version 1 and subsequent versions of the EAC's VVSG.


4. The material adopted by reference is cited as VVSG 1.0.  The VVSG 1.0 document is sourced at www.eac.gov.  The material may be found at: https://www.eac.gov/documents/2017/03/15/vvsg-10-vol-1-voluntary-voting-system-guidelines-vvsg/.


           5. Concerned persons may submit their data, views, or arguments concerning the proposed adoption in writing to:  Austin James, Office of the Secretary of State, P.O. Box 202801, Helena, MT, 59620; telephone (406) 444-6197; fax (406) 444-3976, or e-mail Austin.James@mt.gov, and must be received no later than 5:00 p.m., September 26, 2019.


/s/ AUSTIN JAMES                                     /s/ DANA CORSON                                   

Austin James                                              Dana Corson

Rule Reviewer                                            Director of Elections and Voter Services

                                                                   Office of Secretary of State



Certified to the Secretary of State August 27, 2019.


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