You asked (1) for the different types of machines approved for use in Connecticut during the November 2004 regular election and (2) if these machines must provide paper verification of votes cast.

SUMMARY

The secretary of the state has approved only two types of machines, mechanical lever voting and the Accu-Vote, for use in elections in this state. Each town purchases or leases machines that have been approved for use at elections, primaries, and referendums held in the town. Accu-Vote is an optical scan machine with “mark sense” technology. This technology requires voters to complete a bubble ballot sheet similar to those used for standardized tests. The voter inserts the sheet into the machine, which reads the markings. The sheet then serves as a paper verification of the vote cast. The mechanical lever machine cannot verify each individual vote. However, some of these machines have been modified to produce a carbon copy of the final vote tally at the end of each election.

According to the Office of the Secretary of the State, all but six towns have purchased and use the mechanical lever machine exclusively. Three of the six towns use the optical scan machine for absentee voting only, resorting to the mechanical lever machine for votes cast in person. Three towns use the optical scan machines exclusively.

The secretary has the authority to authorize the use of additional machines for the 2004 election as part of a demonstration project. Although she used this authority to permit different machines to be used during 2003 elections, she has decided against doing so for 2004 elections. PA 03-7 permits her to conduct a demonstration project using electronic voting machines in at least three towns during the 2003 and 2004 elections. Pursuant to this act, she conducted such a project in eight towns (Cromwell, Griswold, Hartford, Middletowm, Sharon, Southington, West Hartford, and Wilton) using two different voting machines (full face and touch screen) during the November 2003 elections. Some of the machines produced paper verification of votes cast. For a full report summary visit www. sots. state. ct. us.

Beginning in 2006, the Help America Vote Act of 2002 (HAVA) (P. L. 107-252) requires the technology and administration of every voting system in use for federal elections to meet uniform and nondiscriminatory requirements. Among other things, systems must (1) permit voters to verify who they voted for and change or correct their ballots if necessary before they are cast, (2) have a paper audit capacity, (3) be accessible to all individuals with disabilities and allow voters to vote independently and in private, and (4) be accessible in alternative languages as required by the Voting Rights Act. Election officials can satisfy the disability access requirement by having a single direct recording electronic (DRE) machine in each polling place.

AUTHORITY OF THE SECRETARY OF THE STATE

The secretary of the state is legally responsible for approving voting machines for use in the state, including the adoption of regulations for examining and approving voting machines (CGS § 9-241). She must examine and approve all voting machines used in the state. Machines must meet state statutory and regulatory requirements for accuracy, efficiency, secrecy, and ballot layout. The machines must (1) come with a locking device that prevents illegal movement of its voting or registering mechanism, (2) prevent electors from voting on candidates or propositions when they are not eligible to do so, (3) prevent them for voting twice for the same candidate or voting for two candidates to the same office, and (3) directly register or record all votes cast on them.

Manufacturers submit their voting machines for testing to a certified independent test authority, which evaluates them to determine if they meet federal standards, as well as the requirements of the Connecticut Constitution, the General Statutes, and state regulations. Machines so certified are then subject to the secretary’s approval. Once approved, machines or voting systems are purchased or leased by the towns, in sufficient numbers to satisfy statutory requirements that establish the proportion of machines to registered or enrolled voters (CGS §§ 9-238, 9-240, and 9-436). The secretary has also adopted regulations on the use of machines that have been approved and purchased by a town as required under CGS § 9-242a.

VOTING SYSTEMS STANDARDS

HAVA establishes a deadline and imposes certain standards that every state’s voting machines must meet for elections for federal offices. Beginning January 1, 2006, it requires all voting systems used in federal elections to:

In addition, every state must adopt uniform standards defining what constitutes a vote and what will be counted as a vote for each certified voting system.

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