Standards Board (Title II, Subtitle A, Part 2)

• Established (Sec. 211)
• Duties: (Sec. 212) review the voluntary voting system guidelines, the voluntary guidance under Title III, and the best practices recommendations contained in the report submitted under section 242(b).
• Composition: 110 members (Sec. 213)

• 55 shall be State election officials selected by the chief State election official of each State.
• 55 shall be local election officials.
• The local election officials of each State shall select (supervised by the chief election official of the State) a representative local election official from the State. The individual selected may not be a member of the same political party as the chief election official.

• The 2 members of the Standards Board who represent the same State may not be members of the same political party.
• The chief State election official of the State shall transmit a notice to the chair of FEC.--Not later than 90 days after the date of the enactment of this Act, containing

• The name of the State election official who agrees to serve on the Standards Board under this title; and
• The name of the representative local election official from the State selected under subsection (a)(2) who agrees to serve on the Standards Board under this title.

• Certification—The list is certified by the chair of the Federal Election Commission

• Effect of failure to provide notice.--If a State does not transmit a notice to the chair of the Federal Election Commission within the deadline described, no representative from the State may participate in the selection of the initial Executive Board.

• Role of Commission.--Upon the appointment of the members of the Election Assistance Commission, the EAC shall carry out the duties of the FEC

Executive Board.

• Not later than 60 days after the last day on which the appointment of any of its members may be certified the Standards Board shall select 9 of its members to serve as the Executive Board of the Standards Board, of whom—
• not more than 5 may be State election officials;
• not more than 5 may be local election officials; and
• not more than 5 may be members of the same political party.
• Terms.--Except as provided in paragraph (3), members of the Executive Board of the Standards Board shall serve for a term of 2 years and may not serve for more than 3 consecutive terms.

• Staggering of initial terms.--Of the members first selected to serve on the Executive Board of the Standards Board--

• 3 shall serve for 1 term;
• 3 shall serve for 2 consecutive terms; and
• 3 shall serve for 3 consecutive terms,

(as determined by lot at the time the members are first appointed.)

• Duties.--In addition to any other duties assigned under this title, the Executive Board of the Standards Board may carry out such duties of the Standards Board as the Standards Board may delegate.

 

Board of Advisors (Title II, Subtitle A, Part 2)

• Established (Sec. 211)
• Duties: (Sec. 212) review the voluntary voting system guidelines, the voluntary guidance under title III, and the best practices recommendations contained in the report submitted under section 242(b).

The Board of Advisors shall be composed of 37 members appointed as follows: (Sec. 214)

• 2 members appointed by and from each of the following (see Acronym Guide, p.12):

• NGA, NCSL, NASS, NASED, NACO, NACRC, USCM (mayors), the Election Center, IACREOT, USCCR (civil rights), Access Board

• 3 officials listed as follows (see Acronym Guide, p.12):

• The Chief of the Office of Public Integrity of DOJ (or chief's designee), The Chief of the Voting Section of the Civil Rights Division of DOJ (or chief's designee), the Director of the Federal Voting Assistance Program (FVAP)

• 4 members representing professionals in the field of science and technology, of whom

• 1 appointed by the House Speaker
• 1 appointed by the House Minority Leader
• 1 appointed by the Senate Majority Leader
• 1 appointed by the Senate Minority Leader

• 8 members representing voter interests, of selected by

• US House of Representatives

• 4 members appointed by the Committee on House Administration
• 2 shall be appointed by the chair and
• 2 shall be appointed by the ranking minority member; and

• US Senate

• 4 members appointed by the Senate Committee on Rules and Administration
• 2 shall be appointed by the chair and
• 2 shall be appointed by the ranking minority member.

• Manner of Appointments: a manner which ensures that the Board of Advisors will be bipartisan in nature and will reflect the various geographic regions of the United States.
• Term of Service; Vacancy.--Members of the Board of Advisors term of 2 years, and may be reappointed.
• Vacancy to be filled in the same manner as the original appointment was made.
• The Board of Advisors shall elect a Chair from among its members.

 

Executive Director Search Committees (Title II, Subtitle A, Part 1, Sec. 204)

• 2 Committees (number of members unspecified) to recommend nominees for the Commission’s Executive Director:

• One Committee Appointed by the Standards Board
• One Committee Appointed by the Board of Advisors
• Convening of search committees: "as soon as practicable after the appointment of their members"

• Each to recommend at least 3 nominees for the position to the Commission
• If a vacancy exists in the position of the Executive Director, the General Counsel of the Commission shall serve as the acting Executive Director until the Commission appoints a new Executive Director.
• Interim initial appointment.--Notwithstanding subparagraph (B), the Commission may appoint an individual to serve as an interim Executive Director for a period not exceeding 6 months. Nothing in the previous sentence may be construed to prohibit the individual serving as the interim Executive Director from serving any additional term.

Powers of Boards (Sec. 215)

• No compensation for service
• Hearings and Sessions

• Both boards may hold hearings, take testimony, and receive evidence to carry out this title,
• Boards may not issue subpoenas requiring the attendance and testimony of witnesses or the production of any evidence.
• Meetings.--The Standards Board and the Board of Advisors shall each hold a meeting of its members--

• not less frequently than once every year for purposes of voting on the voluntary voting system guidelines
• in the case of the Standards Board, not less frequently than once every 2 years to select the Executive Board; and
• at such other times as it considers appropriate for conducting other business

• Information From Federal Agencies.--The Standards Board and the Board of Advisors may each secure directly from any Federal department or agency such information as the Board considers necessary to carry out this Act.
• Upon request of the Executive Board (in the case of the Standards Board) or the Chair (in the case of the Board of Advisors), the head of such department or agency shall furnish such information to the Board.
• Postal Services.--The Standards Board and the Board of Advisors may use the United States mails in the same manner and under the same conditions as a department or agency of the Federal Government.
• Administrative Support Services.--Upon the request of the Executive Board (in the case of the Standards Board) or the Chair (in the case of the Board of Advisors), the
• Administrator of the General Services Administration shall provide to the Board, on a reimbursable basis, the administrative support services that are necessary.
• No Compensation for Service.— but shall be paid travel expenses, including per diem in lieu of subsistence.
• Status of Boards and members for purposes of claims against Board Exception for Criminal Acts and Other Willful Conduct. (Sec. 216)

Relationship of Boards to EAC (Title II, Subtitle A, Part 1, Sec. 204)

• Arranging for Assistance for Board of Advisors and Standards Board.--At the request of the Board of Advisors or the Standards Board, the Commission may enter into such arrangements as the Commission considers appropriate to make personnel available to assist the Boards with carrying out their duties under this title (including contracts with private individuals for providing temporary personnel services or the temporary detailing of personnel of the Commission).
• Consultation With Board of Advisors and Standards Board on Certain Matters.--In preparing the program goals, long-term plans, mission statements, and related matters for the Commission, the Executive Director and staff of the Commission shall consult with the Board of Advisors and the Standards Board.

 

Technical Guidelines Development Committee (Title II, Subtitle A, Part 3)

The "Development Committee" (Technical Guidelines Development Committee) Sec. 221

Duties: Assist the Executive Director of the Commission in the development of the voluntary

voting system guidelines.

Deadline for initial set of recommendations.--The Development Committee shall provide its first set of recommendations under this section to the Executive Director of the Commission not later than 9 months after all of its members have been appointed.

Membership: shall be composed of:

• The Director of the National Institute of Standards and Technology (NIST) who shall serve as its chair.
• Group of 14 other individuals appointed jointly by the Commission and the Director of NIST, consisting of the following:

• An equal number of each of the following:

• Members of the Standards Board.
• Members of the Board of Advisors.
• Members of the Architectural and Transportation Barrier
• Compliance Board (Access Board)

• A representative of the American National Standards Institute.
• A representative of the IEEE
• 2 representatives of the NASED selected by such Association who are not members of the Standards Board or Board of Advisors, and who are not of the same political party.
• Other individuals with technical and scientific expertise relating to voting systems and voting equipment.

• Quorum.--A majority of the members of the Development Committee shall constitute a quorum.
• No Compensation for Service.--but shall be paid travel expenses, including per diem in lieu of subsistence.

Technical Support From NIST (Sec. 221)

• At the request of the Development Committee, the Director of NIST shall provide the technical support necessary.
• Technical support.-- shall include intramural research and development in areas to support the development of the voluntary voting system guidelines under this part, including:

• the security of computers, computer networks, and computer data storage used in voting systems, including the computerized list required under section 303(a);
• methods to detect and prevent fraud;
• the protection of voter privacy;
• the role of human factors in the design and application of voting systems, including assistive technologies for individuals with disabilities (including blindness) and varying levels of literacy; and
• remote access voting, including voting through the Internet.

• No private sector intellectual property rights in guidelines.--No private sector individual or entity shall obtain any intellectual property rights to any guideline or the contents of any guideline (or any modification to any guideline) adopted by the Commission under this Act.
• Publication of Recommendations in Federal Register.--At the time the Commission adopts any voluntary voting system guideline pursuant to section 222, the Development Committee shall cause to have published in the Federal Register the recommendations it provided under this section to the Executive Director of the Commission concerning the guideline adopted.

Process for Adoption (Sec. 222) 

• Executive Director take recommendations of the Development Committee into account in developing guidelines
• Two boards review proposed guidelines
• Vote of the Commission required for adoption.
• General Requirement for Notice and Comment.--Final adoption of the voluntary voting system guidelines (or modification of such a guideline) by the Commission provides for each of the following:

• Publication of notice of the proposed guidelines in the Federal Register.
• An opportunity for public comment on the proposed guidelines.
• An opportunity for a public hearing on the record.

• Publication of the final guidelines in the Federal Register.

• Consideration of Recommendations of Development Committee; Submission of Proposed Guidelines to Board of Advisors and Standards Board.
• Executive Director shall take into consideration the recommendations provided by the Technical Guidelines Development Committee under section 221.
• Board of advisors.--The Executive Director of the Commission shall submit the guidelines proposed to be adopted under this part (or any modifications to such guidelines) to the Board of Advisors.
• Standards board.--The Executive Director of the Commission shall submit the guidelines proposed to be adopted under this part (or any modifications to such guidelines) to the Executive Board of the Standards Board, which shall review the guidelines (or modifications) and forward its recommendations to the Standards Board.

• Review.--the Board of Advisors and the Standards Board shall each review and submit comments and recommendations regarding the guideline (or modification) to the Commission.
• Final Adoption.

• adopted only after Commission votes to approve the final guideline (or modification), taking into consideration the comments and recommendations submitted by the Board of Advisors and the Standards Board under subsection
• Minimum period for consideration of comments and recommendations.

 

The Commission may not vote on the final adoption until the expiration of the 90-day period which begins on the date the Executive Director of the Commission submits the proposed guideline (or modification) to the Board of Advisors and the Standards Board.

Special Rule for Initial Set of Guidelines.--Notwithstanding any other provision of this part, the most recent set of voting system standards adopted by the Federal Election Commission prior to the date of the enactment of this Act shall be deemed to have been adopted by the Commission as of the date of the enactment of this Act as the first set of voluntary voting system guidelines adopted under this part.

Compiled by:

12/02