New devices now certified for 2024 election

In New Hampshire, every voter gets a ballot when voting. The voter fills out the ballot, which then either is counted by hand, or by a “ballot counting device,” as voting machines are called in our laws.

It is up to local towns and cities to decide to use machines or hand count, and municipalities who chose to use machines have to buy only those certified by the New Hampshire Ballot Law Commission.

Currently, there is only one certified device available, the Accuvote device, which has been in use for about a quarter century. The provider and servicer of that device has informed the state that it will not guarantee the ability to provide continued support after the 2024 general election, due to the scarcity of parts and age of the devices.

Facing this reality, the Ballot Law Commission, along with Secretary of State David Scanlan’s office, began a review of new devices, inviting proposals from different manufacturers and vendors in a process that spanned 2022 and 2023.

In early August, a day-long demonstration of three devices was held at the Legislative Office Building at which legislators, town election officials and the general public had a chance to see the three devices under consideration and provide feedback on those devices.

At a meeting on Aug. 31, the commission narrowed the field to two devices, based on the demonstrations and feedback, as well as the commission’s own observations and advice from the secretary of state.

After more work, on Sept. 15, the commission held a final hearing and voted to certify both of the remaining devices, for use in New Hampshire, starting March 1, 2024, assumedly after the 2024 presidential primary.

The two certified devices are the Voting-Works electronic ballot-counting device and the Dominion ImageCast Precinct electronic ballot-counting device.

VotingWorks is a nonprofit headquartered in California that produces devices that use “open-source software,” which means its operating software is available for inspection online for anyone to see — a feature touted as an answer to criticism focused on proprietary software, and which those who question the operation of voting machines sometimes cite as a defect.

VotingWorks demonstrated its device several times, and it was tested in real elections on two occasions, and the company made modifications based on those experiences.

Dominion is the manufacturer made famous by accusations following the 2020 election, and by the large settlement it received after suing Fox News for falsely reporting that its devices were unreliable and inaccurate in the election.

The certified Dominion device is offered for sale by the same company that sells and services the Accuvote device, so its services and personnel are known to municipal officials, many of whom supported the certification. The device also is similar in design and appearance to the Accuvote device, so it will be familiar to voters in municipalities where it is selected.

Both devices have significantly updated capacity, such as the ability to scan and retain the image of each ballot, as a backup to the actual paper ballot, which both use.

During the selection process, input from local officials was important to the commission, and a demonstration of both were deemed accurate. In making the certifications, conditions were attached, including that both will have to adhere to the standards previously adopted by the commission for devices, both will have to submit to an independent testing lab to be found to comply with state and federal security standards, neither can be networked to other devices, and several other Either device would have to be updated at the expense of the seller, if improvements were needed to meet required standards. In addition, both companies will have to post a bond as security for providing the two-year warranty required by statute.

In the end, the commission chose to certify both, letting the market decide and giving towns and cities options.

The Accuvote device continues to be certified, and will be until a vote by the commission in the future to decertify it. The certification of the new devices provides those towns that do not use devices an opportunity to revisit whether they wish to hand count or purchase machines. Towns and cities currently using Accuvote will have to decide which to purchase, and when, and appropriate funds.

The process of picking new devices reminded everyone involved how dedicated and important our local election officials are, and how hard they work to assure free, fair and accurate elections in New Hampshire, and the newly certified devices should provide modern equipment to help them do their jobs.

Brad Cook is a Manchester attorney and chairman of the New Hampshire Ballot Law Commission. The views expressed in this column are his own. He can be reached at bradfordcook01@gmail.com.