Mailing Address:
P.O. Box 27255, Raleigh, NC 27611
(919) 814-0700 or
(866) 522-4723

Fax: (919) 715-0135

Recommendation for Administrative Approval
(08 NCAC 04 .0302; NCSBE Elections Systems Certification Program 3.8.2)
November 27, 2019

APPLICANT: Election Systems & Software (ES&S)
APPLICATION DATE: September 9, 2019
REQUEST: Certification of EVS 5.2.4.0 Voting System

Authority for Review
When a voting system vendor requests modification to its certified voting system, the State Board
of Elections shall determine the extent of the requested change. Section 3.8.2 of the North Carolina State Board of Elections Systems Certification Program (“Certification Program”) provides
for different levels of review depending on the extent of the requested change:
The State Board of Elections will review the application and determine if the application is a request for a full certification review or administrative review. If the
State Board of Elections determines that the change or modification merits a full
examination and testing, the vendor must follow the protocols outlined in Sections 3 and 4 of [the certification program document], as applicable. The vendor
will be notified if the modification or change is a limited change that requires only
an administrative review.
Section 3.3.4.12 of the Certification Program provides that a modification to the software or firmware of a voting system will act to decertify the program unless the vendor demonstrates that
the modification “does not and will not compromise the reliability, accuracy, user-friendliness,
or secure operation and maintenance of that system.”
08 NCAC 04 .0302(b) provides additional detail regarding the process of determining whether a
change should be reviewed by the State Board or its executive director:
A change to any voting system or unit, including software and hardware modification, shall be submitted in writing for the review of the Executive Director of the

 State Board of Elections. Following the review, the Executive Director shall determine whether the change is a modification of the voting system as certified by the
State Board of Elections. If it is determined to be a modification, the voting system
as modified shall be submitted to the State Board of Elections for approval. If the
Executive Director shall determine the change is an enhancement that does not
substantially alter the voting system as certified by the State Board of Elections,
the Executive Director may approve the enhancement and the review of the State
Board of Elections shall not be required.
The N.C. Administrative Code and the Certification Program do not define the term modification, but provides that an enhancement, which does not substantially alter the voting system,
may be administratively approved by the executive director. Because these terms are not defined, guidance from federal authorities on this subject provides a useful analogy. The Election
Assistance Commission (EAC) defines a de minimis change as “a change to a certified voting system’s hardware, software, TDP, or data, the nature of which will not materially alter the system’s reliability, functionality, capability, or operation. Under no circumstances shall a change
be considered de minimis if it has reasonable and identifiable potential to impact the system’s
performance and compliance with the applicable voting Standard.”

System Review
On November 20, 2019, representatives from ES&S presented and demonstrated the changes
from EVS 5.2.2.0, as currently certified in North Carolina, to EVS 5.2.4.0 to State Board of Elections
(SBE) staff. Staff members present were Executive Director Karen Brinson Bell, General Counsel
Katelyn Love, Associate General Counsel Kelly Tornow, Public Information Officer Patrick Gannon,
and Voting Systems Team Members Neil Baddour, Eric Barcliff, and Brooks Jones.
Staff also reviewed documentation from the Election Assistance Commission (EAC) and the federally accredited voting systems testing laboratory Pro V&V. The EAC issued a Certificate of Conformance for EVS 5.2.4.0 on June 5, 2018 as a “modified voting system configuration” per the
Scope of Certification because it determined the change was de minimis.
Having reviewed the application, supporting documentation, and presentation of changes, the
Executive Director has determined that the following changes are proposed:
1. DS200 Texture Free Area for Security Seals. Adds texture-free areas across the exterior seams on the DS200 unit in order to have improved adhesion of the tape
security seals on the exterior of the unit.
Staff determination: de minimis

2

 2. ExpressVote USB Thumb Drive Cover. Adds a molded cover (see Figure 1) inside
the key-accessed USB compartment to improve security. The cover slides over the
USB drive(s) and can be sealed with a unique, enumerated wire or plastic seal.
Staff determination: de minimis

Figure 1 ExpressVote USB Thumb Drive Cover

3. DS200 End-of-Components. Updates the touchscreen controller, second source
AUO touchscreen, introduces a quad-core processor on the motherboard, adds
security features onto the motherboard, updates motor driver on the scanner
board, and updates the USB hub power cable wire gauge.
Staff determination: de minimis
4. Second Source for Report Printer on DS450. The certified Dell S2810dn laser
printer used for the dedicated report printer on the DS450 has reached end-of-life
status. Allows for the B431D and B431DN (certified on the DS850) to be a second
source report printer on the DS450.
Staff determination: de minimis
5. Second Source for Report Printer on DS450. The certified Dell S2810dn laser
printer used for the dedicated report printer on the DS450 has reached end-of-life
status. Adds an alternate report printer, the OkiData B432DN printer, to be a second source report printer on the DS450.
Staff determination: de minimis
6. Second Source for Report Printer on DS850. The certified Okidata B431D and
B431DN laser printers used for the dedicated report printer on the DS850 have
3

 reached end-of-life status. Allows for the B432DN printer to be a second source
report printer on the DS850.
Staff determination: de minimis
7. Alternate Universal Power Supply (UPS) on DS450. Adds an alternate UPS, the APC
Smart-UPS 1500, to the certified configuration for the DS450 Central Tabulator.
Allows jurisdictions to receive either the existing UPS (APC Back-UPS Pro 1500) or
the alternate UPS (APC Smart-UPS 1500).
Staff determination: de minimis
8. ExpressVote Keypad Cord Extension. Extends the keypad cord from 1800 mm to
3857 mm (see Figure 2) making the keypad more user-friendly by allowing the
keypad to be operated at a greater distance from the ExpressVote.
Staff determination: de minimis

Figure 2 ExpressVote Keypad Cord Extension

4

 Determination
The changes are de minimis and do not substantially alter the voting system. For this reason, as
the Executive Director, I find that the application by ES&S for approval of EVS 5.2.4.0 falls under
the criteria for administrative review should therefore be approved as a certified voting system
for North Carolina. If no board member raises any oral or written objection to the recommendation by Friday, November 29, 2019, the application will be administratively approved, and ES&S
will be notified accordingly.
Issued by Karen Brinson Bell, Executive Director, this 27th day of November, 2019.

5