The Election Aid Commission has admonished the nation’s largest company of voting devices for creating deceptive statements in some of its marketing and advertising components.

The federal agency’s upbraiding of Election Systems & Software package was prompted by a grievance from two great-authorities groups, Cost-free Speech for Men and women and the Nationwide Election Defense Coalition, which uncovered that ES&S was saying that 1 of its voting equipment with a modem selection was EAC qualified.

The EAC action is sizeable because the agency has been criticized for not aggressively monitoring the voting machine sector, which is a single of its principal assignments. The smaller but key agency overseeing how states carry out voting has struggled by a management modify, turnover and price range cutbacks in the runup to this November’s election but has been starting up to rebuild itself in latest months.


The agency sets voluntary specifications for voting devices, and most states undertake by law or regulation some aspect of the federal tests and certification application.

Protection is 1 of essential features of the requirements, specially in the wake of hacking makes an attempt by Russian operatives during the 2016 presidential election. Any part of a voting program that could join to the world-wide-web is considered to generate an option for a digital split-in.

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In their grievance subject in January, the advocacy groups pointed out that marketing resources sent out for the ES&S DS200 voting system recommended that a variation that bundled a modem had been federally certified. Only the edition devoid of a modem is accredited, for the reason that modems are found as opening up devices to effortless interference.

The company told the federal government it by no means intended to imply the modem-version was certified, promising to remove all references to the optional use of modems from its advertising and marketing components.

The EAC’s head of voting machine certification, Jerome Lovato, however concluded that advertising and marketing the modem violated the agency’s tests and certification regulations. He gave the corporation 15 times to occur up with a prepare to take out the product sales brochures from circulation and notify prospects they had been inaccurate.

And he claimed ES&S must consider the very same actions with supplies that exaggerated in describing vote tabulation systems as being submitted to rigorous and extensive independent tests campaigns as aspect of the federal certification application.

The corporation turned down that getting and reported it would not take corrective motion, asserting its tabulation techniques have all been authorised by the EAC, even those people for use in states that you should not use the federal standards.

Lovato told the enterprise it could have noticed its tools decertified and its producer registration suspended. Alternatively, the federal regulator concluded the letter this way: “You are a valued stakeholder and I appreciate your proactive and prompt response.”

Officials at Free Speech for Men and women claimed that ES&S has bought voting equipment with wireless modems to states close to the nation — which include the presidential battlegrounds of Florida, Michigan and Wisconsin.

The company’s web site factors out that applying the modems to transmit unofficial final results is lawful in some states and that the firm employs “several safety safeguards to guard the transfer” of the details.

Susan Greenhalgh of No cost Speech for People turned down the company’s claim that it was not intending to be misleading. “ES&S has a sample of deception,” she explained. “We’re really happy the EAC took action to rebuke ES&S for its false promises, but this is just a component of a much larger pattern of duplicity from the voting process vendors that run with tiny to no oversight and without having meaningful regulation.”

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