ClearVote 2.1 NOT EAC Certified

Important: This is a separate issue than Pro V&V not having proper accreditation during the time they certified several systems used across the state, and across the nation. For a reminder on that issue, read THIS ARTICLE.

In 2020, Clear Ballot submitted an application for ClearVote 2.1’s certification to the Washington Secretary of State’s office. The application states that 2.1 was an update to a system already certified for use in the state. It also said they were waiting on the EAC testing and certification to be completed.

In the certification application submitted to the state of Washington, they were asked, “Is the system certified or used in other states? (Which states?).”

To which they replied,

“No. ClearVote 2.1 is nearing the end of the its testing with ProV&V, Clear Ballot’s
federally certified VSTL. The Test Report for EAC 2005 VVSG Certification Testing
is expected on January 23.”

See the entire application below.

ClearVote 2.1 never received EAC Certification. It does not appear anywhere on the Election Assistance Commission’s website. Counties using that version of ClearVote show on the website as not currently using a certified election system. See their website HERE.

Confirmation of this was provided by the EAC in response to a records request. Read it here:

De Minimis Change to the System

At the time of the application, the SOS declared the changes to the system were “de minimis” and therefore didn’t require another certification from the EAC. De minimis changes to other systems show up on the EAC website. ClearVote 2.1 does not.

What does the law say?

Washington state law is a convoluted system. First, let me say that the Secretary of State has rulemaking authority over the elections. Policy, procedure, all of it.

Below is from The Election Assistance Commission, in a report they published, called “State Requirements and the U.S. Election Assistance Commission Voting System Testing and Certification Program.”

The one on top is from 2009, then there is an updated version from 2020 below that.

According to the document, using the laws referenced, states Washington State requires EAC certification. Now review the 2020 version.

There is one major difference which is obvious right away. Previously, certification from the EAC was required. Now, it is not required. It is only required to be tested by a federally approved testing laboratory.

Why would a voting machine vendor go through all the testing required for certification, but not obtain the actual certification?

Why did they say 2.1 was nearing the end of the testing for the EAC, and have not certification to show for it?

What are they hiding abou this system?

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