    [Senate Hearing 118-047]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 118-047

                         OVERSIGHT OF THE UNITED STATES
                         ELECTION ASSISTANCE COMMISSION

    =======================================================================

                                    HEARING

                                   BEFORE THE

                     COMMITTEE ON RULES AND ADMINISTRATION
                              UNITED STATES SENATE

                        ONE HUNDRED EIGHTEENTH CONGRESS

                                 FIRST SESSION

                                   __________

                                  JUNE 7, 2023

                                   __________

        Printed for the use of the Committee on Rules and Administration

    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

                      Available on http://www.govinfo.gov

                                  __________

                        U.S. GOVERNMENT PUBLISHING OFFICE
    52-827                     WASHINGTON : 2023

    -----------------------------------------------------------------------------------

                     COMMITTEE ON RULES AND ADMINISTRATION

                                 FIRST SESSION

                      AMY KLOBUCHAR, Minnesota, Chairwoman

    DIANNE FEINSTEIN, California         DEB FISCHER, Nebraska
    CHARLES E. SCHUMER, New York         MITCH McCONNELL, Kentucky
    MARK R. WARNER, Virginia             TED CRUZ, Texas
    JEFF MERKLEY, Oregon                 SHELLEY MOORE CAPITO, West
    ALEX PADILLA, California                 Virginia
    JON OSSOFF, Georgia                  ROGER WICKER, Mississippi
    MICHAEL F. BENNET, Colorado          CINDY HYDE-SMITH, Mississippi
    PETER WELCH, Vermont                 BILL HAGERTY, Tennessee
                                         KATIE BOYD BRITT, Alabama

                        Elizabeth Farrar, Staff Director
                   Rachelle Graves, Republican Staff Director

                             C  O  N  T  E  N  T  S

                                  ----------
                                                                      Pages

                             Opening Statement of:

    Hon. Peter Welch, a United States Senator from the State of
      Vermont........................................................     1
    Hon. Deb Fischer, a United States Senator from the State of
      Nebraska.......................................................     3
    Christy McCormick, Chairwoman, United States Election Assistance
      Commission, Washington, DC.....................................     4
    Benjamin Hovland, Vice Chair, United States Election Assistance
      Commission, Washington, DC.....................................     6
    Donald Palmer, Commissioner, United States Election Assistance
      Commission, Washington, DC.....................................     8
    Thomas Hicks, Commissioner, United States Election Assistance
      Commission, Washington, DC.....................................    10

                             Prepared Statement of:

    Christy McCormick, Chairwoman, United States Election Assistance
      Commission, Washington, DC; Benjamin Hovland, Vice Chair,
      United States Election Assistance Commission, Washington, DC;
      Donald Palmer, Commissioner, United States Election Assistance
      Commission, Washington, DC and Thomas Hicks, Commissioner,
      United States Election Assistance Commission, Washington, DC...    25

                                For the Record:

    Testimony Addendum for the United States Election Assistance
      Commission.....................................................    40
    United States Election Assistance Commission Legislative
      Proposals......................................................    52

                      Questions Submitted for the Record:

    Hon. Amy Klobuchar, Chairwoman, a United States Senator from the
      State of Minnesota to Christy McCormick, Chairwoman, United
      States Election Assistance Commission, Washington, DC..........    57
    Hon. Michael Bennet, a United States Senator from the State of
      Colorado to Christy McCormick, Chairwoman, United States
      Election Assistance Commission, Washington, DC.................    60
    Hon. Amy Klobuchar, Chairwoman, a United States Senator from the
      State of Minnesota to Benjamin Hovland, Vice Chair, United
      States Election Assistance Commission, Washington, DC..........    62
    Hon. Michael Bennet, a United States Senator from the State of
      Colorado to Benjamin Hovland, Vice Chair, United States
      Election Assistance Commission, Washington, DC.................    64
    Hon. Amy Klobuchar, Chairwoman, a United States Senator from the
      State of Minnesota to Thomas Hicks, Commissioner, United States
      Election Assistance Commission, Washington, DC.................    66
    Hon. Deb Fischer, a United States Senator from the State of
      Nebraska to Christy McCormick, Chairwoman, United States
      Election Assistance Commission, Washington, DC and Benjamin
      Hovland, Vice Chair, United States Election Assistance
      Commission, Washington, DC.....................................    69

                         OVERSIGHT OF THE UNITED STATES.
                         ELECTION ASSISTANCE COMMISSION

                                  ----------

                            WEDNESDAY, JUNE 7, 2023

                                   United States Senate
                          Committee on Rules and Administration
                                                        Washington, DC.
        The Committee met, pursuant to notice, at 3:30 p.m., in
    Room 301, Russell Senate Office Building, Hon. Peter Welch,
    presiding.
        Present: Senators Klobuchar, Fischer, Padilla, Ossoff,
    Bennet, Welch, Hagerty, and Britt.

      OPENING STATEMENT OF HONORABLE PETER WELCH, A UNITED STATES
                   SENATOR FROM THE STATE OF VERMONT

        Senator Welch. Good afternoon. I call to order this hearing
    on Oversight of the United States Election Assistance
    Commission. Thank you all for being here. I want to thank you,
    and I will be giving witness introductions in a moment, but I
    will start with an opening statement.
        First of all, Senator Klobuchar would very much like to be
    here but cannot, and I am going to be expressing many of her
    views, as reflected in this opening statement. But I want to
    say personally on her behalf that she very much appreciates
    your work and very much appreciates you being here. I want to
    thank you and acknowledge the EAC was established with broad
    bipartisan support.
        That is good news and that was about 20 years ago, in
    tasked with the very important responsibility of improving
    election administration and security, establishing
    cybersecurity guidelines for voting systems, and promoting
    accessibility.
        We want everyone to have the opportunity, who can, to cast
    their ballot and for that to be counted. Your resources and the
    administration of election in all 50 states has been, as well
    as the District of Columbia and all five of our territories,
    has been very important.
        As we are approaching the 2024 elections, the EAC mission
    remains important, even more so as officials are now doing the
    dedicated planning that it takes to administer elections
    effectively, while also confronting the array of new challenges
    and threats to targeting election workers, the spread of
    disinformation, and the use of artificial intelligence, even,
    to mislead voters in our elections.
        We have got to continue to support the election officials
    on the front lines in our democracy who need to be able to rely
    on regular and steady federal funding to do their jobs. These
    vital resources, including the over $931 million in security
    grants since 2018, enable state and local officials to do
    everything from securing our

    [[Page 2]]

    elections against foreign interference and keeping pace with
    the evolving technology to recruiting and training poll
    workers.
        One urgent issue that the Commission can help to address is
    the barrage of harassment that is targeting election workers.
    These public servants are essential to the administration of
    our free and fair elections, which is why I joined Chair
    Klobuchar and a number of our colleagues on this Committee to
    lead comprehensive legislation to take this issue head-on. It
    is an area where we do need bipartisan solutions, and I am glad
    that last year the EAC voted unanimously to allow election
    officials to use federal funding to protect election workers
    from threats and harassment.
        Since then, states like Washington and Georgia have used
    EAC funds to improve the physical security of voting and ballot
    processing centers. I look forward to hearing more on this from
    you. In addition, the EAC has helped enhance the security of
    election infrastructure essential for public confidence in the
    elections, including issuing new guidance to improve security
    standards for these voting machines.
        These efforts and significant investments in election
    security help ensure that--helped ensure that the 2020 and 2022
    elections were secure, as the Department of Homeland Security
    has repeatedly made clear. The Commission also serves a very
    important role in combating misinformation.
        My home State of Vermont is experiencing the same
    challenges with disinformation as others across the country.
    Our Secretary of State has done everything within--the former
    one, Jim Condos, his power, and now our current one, her power,
    to combat the spread of false claims about elections.
        I am proud to report that an independent audit of the 2022
    election in Vermont found no major discrepancies despite having
    a record turnout. Unfortunately, that has not stopped everyone
    from making false claims intended to destabilize our state and
    federal elections.
        I am hopeful that the EAC can continue playing a leading
    role stemming the spread of election disinformation and
    ensuring that every single state is ready to face this growing
    challenge in 2024.
        Finally, while we must continue investing in our elections,
    I remain concerned that in many states, voters continue to face
    laws that make it harder to vote. It is why I and many others
    support the basic federal standards in the Freedom to Vote Act.
    It is why I support the John Lewis bill to repair and restore
    the Voting Rights Act.
        It is worth noting that our country has a history of
    passing federal laws to strengthen our democracy. A few weeks
    ago, we recognized the 20th anniversary of the National Voter
    Registration Act or Motor Voter Law that was enacted with
    bipartisan support. Last October marked 20 years since we
    passed HAVA or the Help America Vote Act.
        That is where this organization was started, and I look
    forward to hearing about the Commission's efforts to support
    local and state election officials. Now I want to thank our
    witnesses, but I will turn it over to our Ranking Member,
    Senator Fischer. Thank you, Senator Fischer.

    [[Page 3]]

      OPENING STATEMENT OF HONORABLE DEB FISCHER, A UNITED STATES
                   SENATOR FROM THE STATE OF NEBRASKA

        Senator Fischer. Good afternoon, and thank you very much,
    Senator Welch, for holding the hearing today. It is a pleasure
    to sit with you. I told the Senator I would keep him under
    control.
        Senator Welch. She can do it.
        [Laughter.]
        Senator Fischer. I also want to extend my gratitude to our
    witnesses, the four EAC Commissioners, for joining us today. We
    look forward to hearing your perspectives, insight, and
    experiences in guiding the EAC's work as we set our sights on
    the 2024 elections and beyond.
        Today's hearing provides an opportunity for the Committee
    to obtain a comprehensive understanding of the Commission's
    operations, noted successes, identify areas for improvement,
    and address existing and emerging challenges.
        The EAC plays an important role. It is the only federal
    agency with the sole responsibility of helping states improve
    their administration of federal elections, which in turn helps
    to ensure the security and legitimacy of the voting franchise.
        It collaborates with states and local officials, shares
    best practices, accredits testing laboratories, certifies
    voting systems, and provides vital resources to help ensure
    elections are conducted with integrity.
        It is, in my view, the best and most appropriate entity to
    play this role. In recent years, election officials have
    confronted an increase in threats to election integrity and
    cyber security. The EAC stands well-positioned to help election
    officials respond to emerging challenges in an ever evolving
    landscape.
        To that end, I look forward to hearing about the
    Commission's recent overhaul of the Voluntary Voting System
    Guidelines, the technical standards at all voting systems
    certified by the Federal Government must meet. I understand
    that these updated standards include significant improvements
    aimed at preventing attacks on our election infrastructure.
        As you all know, states are tasked with the important work
    of recruiting, training, and retaining election officials and
    poll workers. It is concerning then, that we continue to hear
    about difficulties with recruitment and retainment.
        Dealing with emerging election security issues has become
    all the more difficult as those with the most experience
    retire. However, the EAC has done its part by raising awareness
    through the valued role of poll workers and inspiring greater
    civic engagement through the establishment of National Poll
    Worker Recruitment Day.
        I was very pleased to hear that on this day that was so
    successful--I was very pleased to hear that this day was so
    successful--that the EAC also designated August 16, 2022, as
    Help America Vote Day to further encourage more Americans to
    sign up as poll workers.
        While we in the Senate recognize the accomplishments of the
    EAC, we must remain vigilant in our pursuit of continuous
    improvements. The public demands and deserves an electoral
    system that is transparent but secure. Our duty is to ensure
    that the EAC

    [[Page 4]]

    is equipped with the necessary tools, resources, and guidance
    to fulfill its mission effectively.
        Once again, I extend my sincere appreciation to our
    witnesses for their presence today, and their commitment to
    helping preserve the public's trust. Thank you.
        Senator Welch. Thank you, Senator Fischer. Our first
    witness is Chairwoman Christy McCormick, confirmed as a
    Commissioner in December of 2014. Commissioner McCormick
    previously served as an attorney in the voting section of the
    Department of Justice and at the United States Embassy in
    Baghdad, where she oversaw Iraq's national elections. Thank you
    for that. She received her bachelor's degree from the
    University of Buffalo and a law degree from George Mason.
        Our next witness will be Vice Chair Ben Hovland, who was
    confirmed in January of 2019. Before joining the Commission, he
    spent several years working here at the Rules Committee--thank
    you for that--first for Leader Schumer and then for Senator
    Klobuchar and served as Deputy General Counsel for the Missouri
    Secretary of State and received his bachelor's degree from the
    University of Central Arkansas and a law degree from the
    University of Oregon.
        Our third witness is Commissioner Tom Hicks, who joined the
    Commission in December of 2014. Prior to his current role,
    Commissioner Hicks served as Counsel for the Committee on House
    Administration. I used to be over there, Senator, and worked
    for Common Cause and for the Office of Personnel Management in
    the Clinton Administration. He received his bachelor's degree
    from Clark University, and his law degree from Catholic
    University of America.
        Our final witness is Commissioner Donald Palmer, confirmed
    to the Commission in January of 2019. Commissioner Palmer
    previously served as Secretary of the Virginia State Board of
    Elections, as Florida's Director of Elections, and as attorney
    with the voting section of the Department of Justice.
        He also served for more than two decades as an intelligence
    officer and judge advocate general in the Navy and received his
    bachelor's degree from Jacksonville University, master's degree
    from George Washington, and a law degree from Stetson
    University.
        I will now swear in our witnesses before we proceed to
    their testimony. Commissioners, if you would, now, please stand
    and raise your right hand. Do you swear that the testimony you
    will give before the Committee shall be the truth, the whole
    truth, and nothing but the truth, so help you God?
        Ms. McCormick. I do.
        Mr. Hovland. I do.
        Mr. Hicks. I do.
        Mr. Palmer. I do.
        Senator Welch. Thank you. You may be seated. We will now
    proceed to your testimony, and I will recognize you for five
    minutes, a five-minute statement, and we will start with
    Chairwoman McCormick.

    [[Page 5]]

      OPENING STATEMENT OF CHRISTY McCORMICK, CHAIRWOMAN, UNITED
         STATES ELECTION ASSISTANCE COMMISSION, WASHINGTON, DC

        Ms. McCormick. Chair Welch, Ranking Member Fischer, Members
    of the Committee, thank you for the opportunity to appear
    before you today to discuss the work of the United States
    Election Assistance Commission as we prepare for the 2024
    elections. We appreciate the Committee's crucial oversight
    efforts and close attention to the EAC.
        Our nation's elections have faced increased scrutiny in
    recent years, and this Committee has responded by demonstrating
    leadership in helping to support election administrators.
    Whether listening to the needs of election officials,
    furthering work under the Help America Vote Act, or providing
    grants for election security, Congress has worked closely with
    states to reinforce this critical infrastructure.
         As an independent, bipartisan agency, the EAC stands in a
    unique position to work with Congress to further assist states
    and localities in the efficient and accurate administration of
    elections. Over the past decade, the field of election
    administration has faced ever growing challenges and the need
    for increased technology improvements to our election systems.
        Many of these challenges, including questions about
    adequate funding and security for voting systems, are not new.
    Others, however, have increased suddenly in recent years. For
    example, social media continues to evolve with new platforms
    and generative AI tools, making voter education more
    challenging. In addition to administering elections and voter
    education, officials must still prepare for cyber, physical,
    and personal security threats.
        Many election officials have left the field, citing safety,
    increased requirements and expectations, and a lack of
    resources. Some local communities have seen their entire
    election departments resign.
        Now, more than ever, election officials need our support.
    With the help of this Committee, the EAC is determined to do
    all it can to meet these challenges. Over the past year,
    Commissioners have redoubled outreach by resuming travel across
    the country for in-person meetings, presentations, and visits
    with state and local election officials.
        Discussions during these visits underscored not only the
    outstanding work of election administrators in the 2022
    midterms, but also the significant impact of efforts by the
    Federal Government to provide guidance, monetary resources, and
    best practice materials.
        Election officials have expressed sincere gratitude for
    recent assistance, especially for resources dedicated to safety
    and security. This includes over $900 million in HAVA security
    grants provided by Congress and administered by the EAC.
        With support from Congress in the form of an increased
    agency, operating budget, and more consistent HAVA funding to
    the states. The Commission continues to fulfill its mission to
    improve the administration of federal elections and to help
    Americans vote. As you are aware, the decentralized nature of
    United States elections results in a diversity of practices,
    laws, and regulations. With more than 3,000 counties and
    thousands of localities, it takes nearly 1 million poll workers
    to operate election polling sites.

    [[Page 6]]

        This process supports more than 209 million registered
    voters. To support the country's diversity of election
    situations and meet HAVA's charge with developing election
    guidance, the EAC's newly expanded clearinghouse division has
    produced more than 60 products since 2021 to assist election
    administrators.
        These documents reflect the need for unbiased, trusted
    source guidance as election officials navigate the complexities
    of election administration. Earlier this year, we hired an
    experienced government leader, Steven Frid, to serve as our new
    Executive Director. One person does not an agency make, so the
    EAC has hired needed support staff to assist in the election
    process and the role it plays as critical infrastructure.
        Additionally, the EAC marked the 20th anniversary of HAVA
    in 2022, commemorating the historic milestone with the launch
    of Help America Vote Day and the second National Poll Worker
    Recruitment Day. The EAC continues to strategically promote
    election worker information on social media and on our website.
        We created helpamericavote.gov in 2020, in service of the
    first National Poll Worker Recruitment Day. This permanent
    outreach platform offers a custom look-up tool with
    jurisdiction specific information including official contacts,
    required training, and polling place hours. In 2022, the EAC's
    poll worker web pages had over 263,000 page views.
        We regularly received modifications from election offices,
    and based on the responses, information is regularly updated on
    the site. We will continue to offer resources relating to poll
    worker recruitment, retention, and training leading up to 2024,
    including National Poll Worker Recruitment Day and Help America
    Vote Day.
        Given the interest that Members of this Committee have
    shown in these efforts, we welcome your input moving forward.
    Looking forward to 2024, with ongoing support from Congress,
    the Commission will provide the necessary assistance to
    election officials to mitigate challenges and protect the
    integrity of United States elections.
        I would like again to thank the Committee for its oversight
    and support of the EAC, as well as for the opportunity to speak
    here. I will now turn the discussion over to Commissioner Ben
    Hovland to discuss the Commission's internal financial
    oversight and grants management. Thank you.
        [The prepared statement of Ms. McCormick was submitted for
    the record.]
        Senator Welch. Thank you. Commissioner Hovland.

       OPENING STATEMENT OF BENJAMIN HOVLAND, VICE CHAIR, UNITED
         STATES ELECTION ASSISTANCE COMMISSION, WASHINGTON, DC

        Mr. Hovland. Good afternoon. Thank you, Chairman Welch,
    Ranking Member Fischer. I would also like to thank Chairwoman
    Klobuchar and the Members of the Committee for inviting us to
    testify about the work of the United States Election Assistance
    Commission. My name is Ben Hovland, and I am the current Vice
    Chair of the EAC.

    [[Page 7]]

        I look forward to sharing updates about the Commission's
    grants management, internal controls, and budget. A core
    component of the EAC's mission is distributing, monitoring, and
    auditing the use of federal grants for the improvement of
    election administration and security.
        Federal HAVA funds, including the $955 million provided
    since 2018, are a key resource for election administrators
    responding to the increased technology and changing demands of
    the field. To emphasize the importance and impact of this
    funding, I would note the election infrastructure sector-
    specific plan states, ``It is impossible to make an honest
    assessment of the election infrastructure's subsectors risk and
    the potential to mitigate that risk without an understanding of
    the chronic resource issues the subsector faces at all levels
    of Government.''
        As we look toward 2024, I believe it has never been more
    challenging to administer elections or more expensive. That is
    why grant funding in partnership with the states is so crucial,
    and we value your efforts to address the needs of state and
    local governments through congressional--through the
    congressional appropriations process.
        As of March 31st, 95 percent of the Fiscal Year 2018
    election security funds have been expended. Including
    additional election security funds from Fiscal Years 2020,
    2022, and 2023, states have spent a total of $529 million in
    funds awarded between 2018 and 2023, which is approximately 56
    percent of the available grant funding.
        The spending rate depends on the state's plan to use, with
    some states allocating the funds for long-term programs or
    resources. Some states provide these funds to local Governments
    in the form of sub-grants, while others rely on these funds for
    staff and materials at the state level.
        With each state having their own security needs and
    differing timetables for significant purchases, such as voting
    system replacement or new statewide voter registration
    databases, usage rates have varied across the country.
        The next expenditure reports are due to the EAC on July
    30th, and we will update you on the continued impact made
    possible by these much appreciated funds. As set forth under
    HAVA, audits of election security grants are conducted after a
    state begins to expend the provided funds.
        Alongside distribution and administration efforts, the
    EAC's Office of Inspector General recently added resources and
    staff to better monitor state spending of election security
    grants. With new staff leadership in place, the agency has
    invested in building up staff capacity strategically across the
    EAC.
        However, the EAC still faces significant attrition
    challenges. It is essential that we maintain adequate staffing
    levels and mission critical functions to ensure statutorily
    mandated requirements are met.
        The EAC's Inspector General has raised structural issues
    related to HAVA that are discussed in her report on management
    challenges for the United States Election Assistance Commission
    in Fiscal Year 2023. My colleagues and I concur with those
    observations and have included them in our legislative
    recommendations.

    [[Page 8]]

        Of particular note, the inability to pay competitive wages
    compared to Congress or other federal agencies hampers our
    ability to attract and retain talent. We are, however,
    committed to doing everything we can with the resources we
    have. The EAC is grateful for the increased funding provided by
    Congress in recent years.
        After facing over a decade of significant fiscal
    constraints, the EAC returned to pre-2010 budget levels for the
    first time in Fiscal Year 2023. For Fiscal Years 2021 and 2022,
    the EAC successfully adapted and executed the operating budget
    provided by Congress, ending each year with an obligation rate
    of over 99 percent.
        Congressional funding has been fully utilized, enabling the
    agency to provide much needed assistance to address some of the
    pressing challenges facing the election community. Thank you
    for the opportunity to testify before you today and I look
    forward to answering any questions you may have.
        [The prepared statement of Mr. Hovland was submitted for
    the record.]
        Senator Welch. Thank you very much. We are going to go to
    Commissioner Palmer next, but I want to welcome Senator Hagerty
    from Tennessee to join us--who has just joined us. Senator
    Britt was here briefly. Thank you. Commissioner Palmer.

    OPENING STATEMENT OF DONALD PALMER, COMMISSIONER, UNITED STATES
             ELECTION ASSISTANCE COMMISSION, WASHINGTON, DC

        Mr. Palmer. Thank you, Chairman Welch, Ranking Member
    Fischer, and Members of the Committee. I echo my fellow
    Commissioners and our appreciation for the investment you have
    made in the Nation's elections through continued support of the
    EAC.
        Building on Vice Chair Hovland's comments, I will share
    with you some of the ongoing work of the Commission to test the
    security of the Nation's voting systems and assure all
    Americans their vote will be counted. In 2023, the EAC will
    advance our testing and certification efforts in several areas.
        A voting system certification does not end with a
    successful test in an accredited laboratory. Rather, the review
    of these systems continues through the lifespan of the voting
    equipment. As a result, the agency is preparing to launch an
    innovative field services program to help election officials
    strengthen their overall posture and preparedness with EAC
    certified or tested systems.
        This onsite collaboration is important for several reasons.
    First, implementation of system reviews in the field will
    ensure that equipment delivered to jurisdictions is equivalent
    to what was purchased. The effort will also analyze system
    hardware and software configurations to verify equivalency of
    the equipment to EAC certifications.
        Additionally, there will be jurisdiction site surveys, best
    practices assessments, collections of systems census
    information, and analysis of anomaly reports. We recently
    onboarded the Field Services Program Manager and look forward
    to building out this initiative. In 2022, the Commission made
    considerable progress to fully operationalize version 2.0 of
    the Voluntary Voting System Guidelines, or VVSG.

    [[Page 9]]

        The new guidelines incorporate technological advancements
    in cybersecurity, accuracy, accessibility, usability, and
    audibility of the systems. Adoptions of the VVSG lifecycle
    policy, along with the accreditation of two voting system
    laboratories, or VSTLs, are necessary steps to the realization
    of voting systems that are VVSG 2.0 tested and certified.
        The EAC currently has one system that is being tested
    against VVSG 2.0. We will also take this opportunity to
    emphasize that VVSG 1.0 and 1.1 certified voting systems will
    not be decertified by the EAC as a result of migration to the
    new guidelines.
        Voting systems that are currently deployed are still
    accurate and reliable, may continue to be used, and do not need
    to be immediately replaced or re-certify the VVSG 2.0. In
    addition, they will continue to be tested and updated with
    security patches.
        It will take time and significant monetary expenditures for
    jurisdictions to implement new systems certified under the
    rigorous 2.0 process, so it is unlikely that systems certified
    to 2.0 will be used in the 2024 elections. Congress and the
    American people should have absolute confidence in this
    process.
        The EAC has amplified this message by recently publishing a
    communications toolkit to assist election officials in
    communicating about VVSG standards, updates in election
    security, and helping boost confidence in the critical
    infrastructure of our election systems. As part of our election
    technology efforts, the agency launched Election Supporting
    Technology Evaluation Program, or ESTEP, in 2022.
        This technology will include electronic poll books,
    electronic ballot delivery, election night reporting databases,
    and voter registration portals. These elections reporting
    technologies are crucial tools for both election officials and
    voters. As more states and localities adopt these technologies,
    officials are looking to the Federal Government for voluntary
    standards and guidance, similar to what is provided in the
    VVSG.
        Currently, election administrators must rely on a patchwork
    of state laws, regulations, and certification programs of
    varying degrees of review. An established EAC program will
    provide for the development of robust voluntary standards,
    testing, guidance, and training material covering election
    supporting technologies.
        Attacks from Nation State Actors against our election
    infrastructure have specifically targeted election assistance
    in the past, and these attacks are only going to escalate. The
    first technology pilot for ESTEP is Electronic Poll Books,
    referred to as EPBs.
        Election officials have leveraged EPBs to streamline the
    check-in process, and automate ballot issuing. We certainly--we
    currently have five EPB manufacturers participating in the
    initiative and the expectation of two state programs joining
    later this month.
        As the cybersecurity threat landscape across the election
    community continues to evolve, the EAC is planning a voluntary,
    coordinated vulnerabilities disclosure program. The EAC will
    lead a program to quickly identify and respond to
    vulnerabilities in our voting systems, along with our federal
    partners at CISA and the National Institute of Standards and
    Technology. Development of this program is preliminary and will
    require staff and resources in the future.

    [[Page 10]]

        I would like to thank the Committee for allowing us to
    speak today. I will turn it over to Commissioner Tom Hicks to
    further expand upon the Commission's wealth of clearinghouse
    products. Thank you.
        [The prepared statement of Mr. Palmer was submitted for the
    record.]

    OPENING STATEMENT OF THOMAS HICKS, COMMISSIONER, UNITED STATES
             ELECTION ASSISTANCE COMMISSION, WASHINGTON, DC

        Mr. Hicks. Thank you again, Chairman Welch, Ranking Member
    Fischer, and Members of the Committee for having us here today.
    In addition to the developments my fellow Commissioners have
    shared, the agency has also invested in increasing our
    clearinghouse capabilities.
        The EAC's clearinghouse division, composed of former
    election officials and subject matter experts, helps the agency
    share and develop resources for both the public and election
    administrators, including best practices, information for
    voters, and other resources.
        In this role, the EAC serves as a trusted source of
    nonpartisan information, especially as the field of election
    administration continues to see high levels of turnover. So far
    leading up to the '24 elections, the clearinghouse division has
    released more than 60 products over the past two years to
    assist election administrators.
        These ranged from resources on physical security threats
    against election officials, to ease data collection and
    analysis. Further, clearinghouse products offer overall
    guidance for new election officials in conducting elections
    such as improving chain of custody procedures, auditing, and
    better serving voters with disabilities.
        This includes our new election management guidelines
    updated with increased focus on relevant election technologies
    that have changed since the last iteration 15 years ago. All
    the products developed by the clearinghouse division are guided
    by the parameters set forth by HAVA. In the coming weeks, the
    EAC will publish a 1922 EAVS report.
        This will be the 10th survey since the first EAVS in 2004.
    This biennial report is the agency's flagship research
    initiative and collects data on Election Administration from
    nearly 6,500 local election jurisdictions across the 50 states,
    the District of Columbia, and territories. EAVS data is
    utilized by countless stakeholders in the election community,
    including Members of Congress, legislative staff, federal
    officials, journalists, academics, advocates, and election
    officials.
        The EAVS consists of two surveys collecting quantitative
    information on state election laws, policies, and practices,
    and the other collection, quantitative election administration
    data. The '22 EAVS survey used questions on issues such as drop
    box usage, mail ballot curing, and more. In addition, the EAC
    is committed to continuing our support of election officials as
    they fulfill requirements of both HAVA and the Americans with
    Disabilities Act to ensure our elections are fully accessible.
        We have hired a full-time subject matter expert for
    accessibility, established an internal accessibility working
    group, continued

    [[Page 11]]

    EAVS data election, EAC research on disability related voting
    issues, and expanded our accessibility, resources, and
    programs.
        The EAC is working on a national study to document the
    experience of voters with disabilities for the 2022 midterms.
    The survey results will be finalized this summer and will
    include key information on voter access. The Commission intends
    to use these results to produce actionable items that are
    necessary to meet HAVA's vision of fully accessible elections.
        Amongst numerous other resources of voting accessibility,
    EAC has released a checklist for election officials and
    accessibility for in-person voting, for registration vote by
    mail, and assistance for voters with language access needs.
        The language access resources were updated following the
    most recent release of Section 203 of the Voting Rights Act
    requirements, which required 330 jurisdictions to produce
    language accessibility resources for voters. This inclusive
    vision of HAVA calls on the EAC to assist election officials
    and voters as we embrace the mission wholeheartedly.
        Similarly, the nonpartisan approach of the election
    administrators have continued to promote confidence in
    elections and voting, while advocating civility throughout the
    American electoral process.
        With the 2024 election cycle already here, election
    officials face an ever growing list of responsibilities and
    challenges, including escalation of threats to election
    officials and poll workers. The EAC is working diligently to
    help them prepare for the expected and unexpected, in order to
    provide the best voting experiences for every voter.
        Thank you for the opportunity to share some of the work of
    the EAC, and your commitment to election administrators, poll
    workers, and voters. There is still work to be done and we look
    forward to working closely with you on these and other
    important matters.
        I appreciate the chance to testify today and welcome any
    questions or feedback you may have.
        [The prepared statement of Mr. Hicks was submitted for the
    record.]
        Senator Welch. We have just had an excellent presentation
    by all the witnesses and----
        Chairwoman Klobuchar. I would have them do it again----
        [Laughter.]
        Senator Welch. Well, what they--what I wanted to
    acknowledge was that they clearly sort of spread out the
    information so that we were getting a comprehensive view of
    what it is they have been doing, what the challenges are. I
    just, on your behalf and the Committee's behalf, want to thank
    all the Commissioners for your good work. Now, Senator
    Klobuchar, I would like to defer to you.
        Chairwoman Klobuchar. Well, that is actually okay, because
    I just got here. I will let Senator Fischer ask some questions.
    Go ahead. Okay.
        Senator Welch. Well, thank you. You know, one of the areas
    of real concern, I think, for all of us is this disinformation
    and just how that has all escalated. We saw evidence of it in
    past elections, but now everyone is concerned about AI.

    [[Page 12]]

        One of the mediums by which bad information, as well as
    good information, is transmitted is through some of these
    platforms. These platforms, the large tech companies are, as I
    understand it, starting to lay--they are doing layoffs and I do
    not have the information, but I have the apprehension that many
    of these layoffs are targeted to those functions that had to do
    with monitoring misinformation.
        Just as an example, Twitter, of course, sets a special
    case. It effectively disbanded its ethical AI team. In January,
    Meta reported that it ended the contracts of about 200 content
    moderators and laid off at least 60 members of Instagram's
    well-being group in more than 100 positions--laid off--that
    related to trust, integrity, and responsibility. In February,
    Google laid off about a third of its staff with protecting
    society from misinformation, radicalization, and censorship.
        In Twitch, there are about 50 employees who came out of
    that division. Since we do rely, so many Americans, on social
    media for our information, that could be an issue with the
    capacity of more disinformation to get out.
        I will start, Chairwoman McCormick, with you and ask you
    what kind of challenges have local election administrators seen
    with the spread of information? Is it a situation where the EAC
    can provide support or guidance to tech companies to combat
    misinformation? If not, does it have a plan to do that?
        Ms. McCormick. Thank you for the question, Senator. Yes,
    the EAC has heard from local election officials and state
    officials on instances where bad information or misinformation,
    disinformation has been provided on social media platforms.
        We continue to urge people to go to a trusted source, such
    as a local or state elections administrator, to get their
    information. We also have started an internal AI working group.
    This is obviously a very new issue that is coming up of great
    concern.
        We have been having discussions with both CISA and our
    federal partners on how we might combat the mis and
    disinformation, especially with AI, which is, of course, going
    to be quite complicated and challenging. We also provide
    toolkits for election officials.
        We have a Communicating Elections Process Toolkit, which
    includes posters and samples, social media updates, and all
    kinds of information that we urge the state and local election
    officials to utilize in communicating with their voters--the
    actual true information.
        The EAC stands by with our facts and our EAVS report, and
    we are happy to provide that to anybody who asks, including
    social media platforms.
        Senator Welch. Thank you. Now, one other question. In
    Vermont, the Secretary of State's office did launch a site
    called, ``Elections Myth versus Fact,'' and it was a web page
    intended directly to combat disinformation.
        I am going to ask you, Commissioner Palmer, whether you
    think efforts like that can be effective and do you recommend
    other states adopt them? That is knowing that it has got to be
    rigidly nonpartisan in order to have credibility.
        But voters, whether you are going to vote for a
    conservative or liberal, I think all of us want to know that
    the information we are

    [[Page 13]]

    acting on is accurate. Is that--that step that Vermont has
    taken, is that anything that you have thoughts about, whether
    that can be helpful elsewhere?
        Mr. Palmer. That is absolutely a best practice, Senator
    Welch. This goes back decades for election officials, there is
    all types of rumors out there or incorrect information.
        If you have a myth buster or rumor buster, it is important
    that the election official provide the true information in a
    very nonpartisan, down-the-middle road. Just the facts. That is
    exactly what, you know, we did when I was in Florida and in
    Virginia.
        It is the same thing that the EAC does with our frequently
    asked questions and sort of the issues that Chairwoman
    McCormick brought up is that, you know, we are very much
    involved in the testing and standard development of voting
    systems and how those machines work.
        We provide the facts on our website, and we also answer
    questions from reporters and all types of groups that have
    questions about that process, including the public. We just do
    the best we can to propagate that message, sir.
        Senator Welch. Okay. Thank you very much. I would like to
    now yield to Senator Fischer.
        Senator Fischer. Thank you, Senator Welch. Chair McCormick,
    I wanted to ask some questions about grant funds, and
    specifically on the HAVA grants. How do you oversee the
    reporting on the use of those funds? What reports, financial
    documents does the EAC require of states? What types of issues
    does the EAC look for in its review as you are going through
    the reports and documents?
        Ms. McCormick. Thank you, Senator Fischer. The EAC requires
    completion of the federal financial reports and also progress
    reports no less than twice a year. This recent tranche of money
    that was provided to the states requires quarterly reports. We
    require all states who have received grants to fill out those
    reports to us.
        Our grants team looks for incompletion on those reports.
    They look for possible increases or decreases in funding that
    seem odd. We also look for whether there are any uses of the
    money that are disallowed under HAVA. We look for insufficient
    information about what they are doing.
        There is a number of issues that--a checklist of issues
    that we look at. We communicate those concerns to the
    jurisdiction. We give them a chance to update and correct their
    financial reports. But we also do follow-up with them to make
    sure that the funds are being used appropriately.
        Senator Fischer. When you find an issue there, and you went
    through a number of red flags that come up, and you contact
    them, how much follow-up does it take before you get an answer
    sometimes, you know, and to try and rectify the problem? What
    is the kind of process there?
        Ms. McCormick. Well, we start with an email, and we email
    the officials on the findings that we are concerned about, and
    we give them a chance to respond to that. We follow-up as much
    as we need to, including in person, if possible. We have had
    issues where that has not been possible, but that is, you know,
    we continue to follow-up as much as we need to, either through
    writing, through telephone calls.

    [[Page 14]]

        Our grant staff is on, you know--basically they are there
    to help people work through those issues and fix any issues
    that may have come up.
        Senator Fischer. You know, if there was a report out from
    the IG, there were some issues in the Commonwealth of the
    Northern Mariana Islands with their accounting and reporting on
    the grants, did you learn any lessons from that? Is there
    something that could have helped prevent that situation?
        Ms. McCormick. Yes, Senator. I think part of the problem
    was the Northern Mariana Islands had not been traditional
    recipients of HAVA grants. They had not been through the
    training and sort of the work that the other states had been
    through. I think it would have been helpful to have an in-
    person training with them. They are very new to this.
        They are also new election officials themselves. We did
    follow-up with them numerous times in many different ways.
        Obviously, the pandemic precluded anybody from going out to
    visit the Northern Mariana Islands. But I believe that an in-
    person training and in-person guidance would have helped that
    situation.
        Senator Fischer. Do you see an issue there? You know, in my
    opening statement, I talked about the retirements we are seeing
    of poll workers and retention issues that we have. How does
    that affect your job for oversight? You know, I think this is a
    great example that you are going to have to do a lot of
    educating, maybe.
        Ms. McCormick. Yes. This is where we do a lot of educating,
    and this is where all of our clearinghouse products have come
    into play. We have updated what we call the election management
    guidelines, which is basically a textbook for election
    officials on the basic issues that they need to know in
    election administration.
        We have got QuickStart guides. We have got numerous
    products to help the new election officials. As well, we are
    going out to as many state conferences as we can, and talking
    to the new officials, and trying to provide them with whatever
    information we can to help get them up to speed, because we
    will have somewhere between a third and a half of new election
    administrators coming up in 2024.
        Senator Fischer. Right. Vice Chair Hovland, we have seen
    that the GAO--you have told the GAO that the electronic system,
    it used for states to submit CARES Act progress reports,
    allowed the states to omit or miscalculate some of their
    expenditure totals.
        In the financial section of the progress report, officials
    told GAO that the system does not have the capability to
    automatically calculate a state's total expenditures based on
    the expenditures listed in different categories. Have you
    addressed that issue?
        Mr. Hovland. You know, we were in the process of
    implementing a new system to help streamline the process in
    grant reporting.
        Of course, you know, with any new system, there are bumps
    along the way. But we are reviewing all that, and certainly our
    grant staff can get back to you with any specifics or to your
    staff.
        Senator Fischer. Yes, I would appreciate that. It seems
    like a pretty high number that it may involve nearly 20 percent
    of the total reported nationwide spending for CARES Act grant
    funds and

    [[Page 15]]

    just in how they were categorized on that. If we can get you a
    question in detail, if you could get back to us, I would
    appreciate that.
        Mr. Hovland. Absolutely.
        Senator Fischer. Thank you.
        Chairwoman Klobuchar. Very good. I want to thank, first of
    all, Senator Welch for filling in. For a new guy, he is doing
    pretty well. Only in Congress are you considered new when you
    have been here for, what, 18 years? Then also my friend,
    Senator Fischer, thank you.
        I just want to briefly say how important the work you do
    is. As we know, the EAC was established with broad bipartisan
    support to help states improve election administration
    security, cybersecurity guidelines--very important in the last
    few decades--and accessibility for voters. I hear time and time
    again from Secretaries of State on both sides of the aisle how
    important the work that you do is.
        We know you are confronting new challenges ahead, with
    everything from artificial intelligence to the challenge I know
    you have been hearing, as I have heard from our local
    officials, of harassment of Secretaries of State and volunteers
    at election places and election officials regardless of party.
        I guess I would start with you, Vice Chair Hovland, since
    you used to work for me. Can you briefly expand on what you see
    as the most urgent needs of states for additional federal
    funding?
        Mr. Hovland. Absolutely. Thank you, Chairwoman Klobuchar.
    You know, right now, I think the election community really just
    faces so many challenges. As I said in my opening statement, I
    think election administration is more challenging, or it is--it
    is more challenging to administer elections now than it has
    ever been and more expensive. More than one singular issue, I
    think it is the totality of issues.
        There are the cybersecurity issues. There is the physical
    threats and harassment, you know, adding to buildings and the
    security of buildings. Obviously incentivizing recruitment of
    poll workers. Senator Welch asked about mis and disinformation
    earlier. You know, one of the things I think about all the
    time, you know, there is two sides of that coin.
        There is the whack-a-mole of the falsehoods that you hear,
    but there is also the voter education piece. Often voter
    education falls to the back burner, but that is an integral
    part of combating misinformation with those debunking pieces.
        Getting people money to make sure they have the resources
    to do that is critical.
        Chairwoman Klobuchar. Okay, very good. Commissioner Hicks
    and Chairwoman McCormick, talk about the importance of steady
    funding and how that would be helpful for the states when you
    deal with different threats. It appears in every election.
        Mr. Hicks. Thank you, Senator Klobuchar. It is great to see
    you. Having steady funding ensures that states can allow for an
    adequate budget each and every election cycle. We know that
    there is going to be a lot of additional costs that are coming
    down the pike for election officials who want to replace their
    voting equipment with 2.0 voting equipment.

    [[Page 16]]

        That will probably not be ready for 2024, but as they look
    toward doing their budgets, they will need a significant amount
    of money to replace those machines. Every election cycle there
    is something that may come up that they did not budget for, and
    so they have to look back to see what sort of things they need
    to pay for as they move forward.
        No one saw 2020 coming along with the pandemic, but
    Congress stepped up and provided additional funding to the
    states----
        Chairwoman Klobuchar. Senator Blunt, as we remember,
    predecessor to our Ranking Member, also was stepping up at that
    time.
        Mr. Hicks. Exactly----
        Chairwoman Klobuchar. Very good. You are talking about
    election equipment, you do not know what will be needed for
    each election. Maybe, because I want to give my colleagues time
    here, we have several of them here, could we just turn to that
    election threat issue?
        We have heard from Kentucky Secretary of State, just the
    difficulty of attracting volunteers sometimes to work the polls
    and just where you see this coming out. Rural areas not having
    the funding for as many law enforcement to help volunteer
    workers at the polls.
        Ms. McCormick. Absolutely, Senator. We--there has been an
    uptick in safety and security issues across the country.
    Consistent funding would be quite helpful to the states to be
    able to provide more security for their election workers.
        We also want to make sure that the public trusts where the
    funds are coming from. I think obviously Congress is a trusted
    source of funding, so there are many reasons for Congress to
    continue to provide consistent funding for elections.
        Chairwoman Klobuchar. Okay, very good. You want to add
    anything, Commissioner Palmer?
        Mr. Palmer. I agree with my fellow Commissioners and do not
    have anything to add.
        Chairwoman Klobuchar. Oh, wow, that is not what we do
    around here, so that is very good. Well, I want to thank all of
    you for your leadership. I know it is a tribute to how
    important your work is that we have so many Senators here, and
    I will turn it over to Senator Hagerty.
        Senator Hagerty. Thank you, Chair Klobuchar and Ranking
    Member Fischer. Thank you, Senator Welch, for getting us
    started off here today. Vice Chair Hovland, I would like to
    start with you. The Commission believes transparency with
    respect to its work is important for voter confidence and
    nonpartisan election administration. Is that correct?
        Mr. Hovland. Yes, Senator.
        Senator Hagerty. Thank you. I am sure you are familiar with
    President Biden's Executive Order number 14019 that directs
    federal agencies to submit plans to the White House for using
    taxpayer resources to expand mail-in ballots and voter
    mobilization. The White House refuses to release these agency
    plans.
        For me, this raises significant concerns about the Biden
    Administration's voter mobilization plans perhaps being used to
    help President Biden in his next election. My question for you,
    you agreed

    [[Page 17]]

    earlier that transparency regarding election administration is
    important. For that reason, do you support releasing these
    plans?
        Mr. Hovland. We are an independent agency, and so I am not
    in a position to tell the White House what to do, you know. But
    I think that a piece of election administration that is
    critical, and one of the challenges we have seen a lot of, is
    about----
        Senator Hagerty. Let me come back to this, I sent a letter
    to President Biden, along with every other Republican Member of
    this Committee, requesting that they release these plans. A
    month has passed and there has been no response.
        If there is nothing to hide, these plans should be
    released. It is very disturbing. Let us go to a different
    topic, though. I would like to change gears and talk about the
    United States Alliance for Election Excellence. Are you
    familiar with that?
        Mr. Hovland. Somewhat.
        Senator Hagerty. Well, for the rest of our Members, this is
    an $80 million initiative funded by a web of left-wing entities
    to, ``help local election administrators conduct elections.''
    It is a new form of Zuckerbucks is what it is.
        It is connected with the Democracy Fund and Arabella
    Advisors. Arabella Advisors heads up a massive network of left-
    wing nonprofits that pulled in nearly $2 billion per year in
    2020 and in 2021. That is a massive amount of dark money
    influence in our elections.
        This network of entities has received tens, if not hundreds
    of millions of dollars from a foreign billionaire named
    Hansjorg Wyss. He is not a United States citizen, so he cannot
    contribute directly to our elections, but he has found a way to
    be involved in our elections.
        Is it concerning to you, Vice Chair Hovland, that a foreign
    actor is heavily influencing private groups that are,
    ``assisting American local Governments with election
    administration''?
        Mr. Hovland. You know, I testified before the House
    Appropriations Committee in 2021, and I was asked about the
    Zuckerberg, Chan contributions. At the time, I noted that, you
    know, I do not believe that elections should be supported, or
    election funding should be dependent on the charity of
    billionaires----
        Senator Hagerty. How about foreign billionaires?
        Mr. Hovland. But I believe----
        Senator Hagerty. Can you answer me that? What about foreign
    billionaires?
        Mr. Hovland. I do not think any billionaires should be--our
    election administrators should not be dependent on any
    financing from billionaires. But it is a failure of Government
    if we do not provide them with sufficient funds.
        Senator Hagerty. Let me ask you this----
        Mr. Hovland. I have talked to so many election----
        Senator Hagerty. Do you support foreign donations for
    United States election administration?
        Mr. Hovland. I do not. But it is also not our purview
    personally----
        Senator Hagerty. That is good to hear.
        Mr. Hovland. But sir----

    [[Page 18]]

        Senator Hagerty. Would it be foreign election interference
    in your mind?
        Mr. Hovland. Senator, there were people in 2020 who were
    using those charitable contributions for their personal safety.
    They were putting their lives on the line. That was used for
    PPE and hand sanitizer----
        Senator Hagerty. Foreign donations are okay with you then?
        Mr. Hovland. Absolutely not. Of course not.
        Senator Hagerty. Okay. I want to be clear of that then
    because what this is----
        Mr. Hovland. My point is----
        Senator Hagerty [continuing]. Zuckerberg bucks 2.0----
        Mr. Hovland [continuing]. that the Government failed to
    provide that funding.
        Senator Hagerty. Coming from a foreign born billionaire
    involving themselves in our elections--what I want to make
    certain is that this Commission--that no Election Assistance
    Commission dollars are co-mingled in any way with these foreign
    funds.
        Mr. Hovland. Of course not, sir. We provide funds----
        Senator Hagerty. You can guarantee me that that will not--
    these funds will not be co-mingled with our funds?
        Mr. Hovland. We provide the money that Congress provides to
    us in formula grants as prescribed by the Help America Vote Act
    and the appropriations bills that are passed. We follow the
    law, absolutely.
        Senator Hagerty. I will look forward to seeing a plan from
    you, and I would like for you to submit that to this Committee,
    of how you are going to ensure that these foreign funds coming
    in are in no way co-mingled or supporting the same election
    activities at the local level.
        Mr. Hovland. Sir, we do not have--as you know, elections
    are very decentralized in this country. It is up to each state
    and locality on the funds that they are able to accept. Our job
    is to distribute the funds from Congress.
        We are proud to do that. We hear regularly from state and
    local administrators that they need additional funding, that
    they need regular funding, and we would welcome those dollars
    from Congress to support those officials adequately.
        Senator Hagerty. Certainly not from foreign billionaires.
    Thank you, Madam Chair.
        Chairwoman Klobuchar. Thank you very much. Just to clarify,
    Vice Chair, the funding during those 2020 elections was used in
    both red and blue states, and it was focused on adapting to
    holding an election during a pandemic. Is that part of this
    funding?
        Mr. Hovland. You are referring to the charitable
    contributions?
        Chairwoman Klobuchar. Yes.
        Mr. Hovland. Yes, that is my understanding.
        Chairwoman Klobuchar. Okay. What you are saying here is
    that if the State Governments had the adequate funding to run
    elections, that that would be very helpful.
        Mr. Hovland. Absolutely.
        Chairwoman Klobuchar. Okay. Thank you. Senator Padilla.
        Senator Padilla. Thank you, Madam Chair. Also, just to
    before I get to my questions, clarify, I want to make sure that
    the Record

    [[Page 19]]

    accurately reflects Commissioner Hovland's response to whether
    or not he supports foreign donations into our election
    administration. Without me interrupting, can you reiterate your
    answer for the record?
        Mr. Hovland. I personally do not, though it is not in the
    purview of the Election Assistance Commission.
        Senator Padilla. Thank you very much. I just want to say
    hello again to all of you. I had a chance to not just talk but
    visit with, and ask conferences, or even welcomed you to
    California in my prior capacity as California Secretary of
    State.
        A lot of timely issues to discuss from. I know that Senator
    Welch already engaged in the threats of election
    misinformation, disinformation topic. We have referenced poll
    worker safety. I know the Chair has been a leader in that
    regard. Recruitment, retention, and security for volunteer poll
    workers, elections staff at the state and local levels, and
    beyond. The need to upgrade our voting systems nationally.
        Not just VVSG and setting the standards but helping
    jurisdictions with those infrastructure improvements. Speaking
    of infrastructure, I know there is a desire for additional
    funding for our elections. I support that. Not just one time,
    not just once in a generation. It has been too long since HAVA.
        But ongoing, sustained funding that reflects the fact that
    our elections infrastructure is now designated as critical
    infrastructure by the United States Government and has been for
    several cycles now. But I want to really focus my questions to
    the Chair--Chair McCormick. You have claimed to have personally
    witnessed voter fraud and seen data supporting the assertion
    that voting fraud is threatening our elections.
        What data have you seen? It would be great for you to share
    that with this Committee.
        Ms. McCormick. I believe there are several reports out
    there, Senator. I personally witnessed it while I was observing
    in an election in Mississippi many years ago. That is not to
    say that fraud is a huge problem. I think it is probably pretty
    minimal, but I think it is important that we have accuracy and
    integrity in our elections.
        Senator Padilla. Okay. When you witnessed that was that
    reported, was that prosecuted?
        Ms. McCormick. Yes, that was recorded by the Department of
    Justice in the observer reports, and I was with the observers
    from OPM who witnessed it. It was part of a case in
    Mississippi, United States v. Ike Brown.
        Senator Padilla. Okay. I hope folks are held accountable
    for that. Chair McCormick, do you view vote by mail as a secure
    method of voting?
        Ms. McCormick. Well, being a new resident of California,
    yes, sir. I have voted--my last election, I voted by mail for
    the first time.
        Senator Padilla. Did you sign up for ballot tracking?
        Ms. McCormick. I have not signed up for ballot tracking.
        Senator Padilla. I highly encourage you to. Go to
    www.sos.ca.gov.

    [[Page 20]]

        Ms. McCormick. Yes. I will give Registrar Logan a call and
    ask him to sign me up.
        [Laughter.]
        Senator Padilla. He cannot do it for you. You have got to
    do it yourself.
        Ms. McCormick. I understand, sir.
        Senator Padilla. Do you view automatic voter registration
    as a safe method to increase registration and turnout?
        Ms. McCormick. Sir, I think that is a good way to do it.
    However, I think we need to give a good option for people to
    opt-out if they do not want to be automatically registered.
    There are groups in this country that do not want to vote.
        Some religious groups and others. I believe in automated
    registration. I think it is a good tool to register folks who
    have not been registered previously and give them an
    opportunity to do that.
        Senator Padilla. To the extent that it has been implemented
    in multiple states, I do believe that is the option. There is a
    significant difference in opt-in versus opt-out, but it is not
    mandatory voter registration, just like we do not have mandated
    voting.
        People do deserve the option. We highly encourage people
    who are eligible to register to maintain their registration
    record current and to vote in every single election. I just
    state this because I know there is a tremendous amount of
    research on this topic that points in the exact same direction.
        Voter fraud is exceedingly rare. This includes voter
    impersonation, mail-in ballots, and more. In fact, mail-in
    ballots are both secure and essential for secure elections that
    are as accessible to voters as possible.
        I hate to have continue to raise this year after year,
    cycle after cycle, but the misinformation, disinformation about
    the integrity of elections, the integrity of election
    administrators, and elections workers continues to be under
    attack, and we need to take every opportunity we can to set the
    record straight. Thank you very much.
        Chairwoman Klobuchar. Thank you very, very much, Senator
    Padilla. Senator Ossoff.
        Senator Ossoff. Thank you, Madam Chair. Vice Chair Hovland,
    I want to touch on something we have seen, particularly in
    Georgia over the last few cycles, which is the partisan and
    malicious and frivolous use of voter challenges to tie up
    county election boards. These challenges are often filed by
    groups that are spreading baseless conspiracy theories about
    widespread voter fraud.
        Just a few numbers for the panel. In 2022 across just eight
    counties of 159 in Georgia, there were 65,000 challenges to
    voter registration. In Gwinnett County alone in 2022, one group
    called Voter GA challenged the registrations of 37,500 voters.
        In December 2020, Madam Chair, if you can wrap your head
    around this, one group, and this is during the Senate runoffs
    in which I was elected, one group called True the Vote
    challenged 364,000 voter registrations across the State of
    Georgia.
        My understanding is that two or three dozen folks who had
    perhaps moved or change residency may have been disqualified--
    364,000 challenges to voter registration coordinated by one par

    [[Page 21]]

    tisan group during a crucial Senate runoff. I know, Vice Chair,
    you are not here to comment on policy.
        Georgia's state legislature passed a law in their two
    sessions ago that made it much easier for anyone to bring
    unlimited challenges of their fellow citizens' voter
    registration. What I want to ask you is this.
        How does it impact a county election board already
    stretched thin already? I think we can all agree, regrettably,
    in relying upon funding other than from the state in many
    cases, just to cover the basics, already perhaps unable to fill
    enough polling places, already having difficulty dealing with
    all of their responsibilities.
        How does it impact a county election board when they
    suddenly get tens of thousands of frivolous challenges to the
    registrations of voters in that county?
        Mr. Hovland. Thank you, Senator, for the question. I would
    say I am recently returned from Georgia, where I met with folks
    from the Secretary's Office, as well as Fulton County and the
    Athens Clark County Unified Government.
        You know, I think when you look at the issues sort of
    broadly, and again, I will not comment on the Georgia specific
    issue there, but what we are seeing across the country are, you
    know, again, based on mis and disinformation, sort of offices
    being inundated with tasks.
        Again, election offices are often very limited in the
    number of staff they have. You know, when I think about some of
    the challenges they face when they have this kind of impact,
    you know, there is only so many hours in the day and that time
    is such a valuable commodity.
        When something that would normally get triple checked only
    gets double checked, that creates more opportunity for error,
    and you have the potential to create a self-fulfilling prophecy
    that you do see these human mistakes that happen in elections,
    but simply because people were overtaxed based on inquiries
    around false information.
        Senator Ossoff. A large number of frivolous voter
    challenges can tie up the resources of a local election board,
    correct?
        Mr. Hovland. Certainly.
        Senator Ossoff. They can distract those resources from
    administering the election, correct?
        Mr. Hovland. Yes.
        Senator Ossoff. They can make it more difficult, therefore,
    for voters to access the franchise because the election
    administrators are tied up dealing with a torrent of frivolous
    challenges, correct?
        Mr. Hovland. That is certainly possible.
        Senator Ossoff. I just think, I will just close Madam Chair
    by sort of making the point, what does it say about where we
    have come to in terms of the level of polarization in this
    society and the scorched earth politics of victory by any means
    that people are reduced for obviously partisan reasons to
    trying to disenfranchise their own neighbors on false
    pretenses, or try to tie up already stretched thin election
    administration resources by saying, you know what we are going
    to take a blunt instrument here and just say, there might be
    hundreds of thousands of our fellow citizens,

    [[Page 22]]

    we want to make it harder for them to vote, with no base for
    the challenge whatsoever.
        It is a deeply immoral practice, and the fact that
    Georgia's state legislature has explicitly sanctioned it, I
    think is repugnant. I will yield. Thank you.
        Chairwoman Klobuchar. Thank you very much, Senator Ossoff.
    Do you want to add any other questions? Yes, go ahead, Senator
    Fischer.
        Senator Fischer. Thank you, Chairwoman Klobuchar. I have
    some questions on cybersecurity and the preparedness that we
    are looking at there.
        I know that the EAC recently adopted the VVSG 2.0, marking
    the first major changes to the standards in many years. Could
    you please elaborate, Chair McCormick, on how the VVSG has been
    updated to address any cybersecurity threats that we are
    facing? If you see any risks to the electoral process, if a
    state decides not to use an EAC certified voting system?
        Ms. McCormick. Thank you for the question, Senator Fischer.
    Yes, with the new VVSG 2.0, we have numerous additional
    requirements over 1.0 and 1.1 for security measures, including
    the elimination of transmission by wired or wireless
    capabilities. We are now going to be requiring penetration
    testing.
        We have more auditability of the machines, more
    requirements on auditability. We are requiring the use of
    modern encryption. We are also requiring software independence
    so that the software cannot change the vote totals on its own
    without it being detected by the machinery.
        Most important is that we try to get as many states as
    possible using our more secure standards. We are also going to
    be requiring, I do not know if I mentioned this, penetration
    testing of our systems.
        As far as the risks to the electoral process, most states
    use some portion of our standards or our laboratories. We do
    not test for all the states, but we do provide documentation
    and information for the states that do their own certification.
        Obviously, you know, we have scope of conformance products
    that we will share. We are very willing to provide as much
    information as we can to the states who do not use our systems
    to be able to evaluate the security of the systems that they
    are working on.
        Senator Fischer. You know, and we have seen an increase in
    those cybersecurity threats over the past several years. In
    2020, the EAC launched the Cyber Access and Security Program to
    help address the issue.
        Since the implementation of that program, how have election
    officials utilized the offerings? Do you see officials having
    pretty good buy-in for this, and does the program stay up to
    date when we have this constantly evolving space?
        Ms. McCormick. Yes, obviously we need to stay on top of all
    of the current threats. I mean, it is a never ending project to
    stay ahead of the bad guys. Our CAS program has been utilized
    by election officials in 49 states.
        We have trained over 1,100 election officials, and we are
    currently working on producing a security component for e-poll
    books

    [[Page 23]]

    and our evaluation pilot. We are working toward guidelines for
    all of the election supporting technology and the CAS program
    at the EAC as part of that.
        Senator Fischer. Do you think the electronic poll books,
    you just brought those up, is going to help further protect
    election infrastructure? Is it going to be able to enhance that
    security?
        Ms. McCormick. Yes. E-poll books are connected to the
    internet, so it is important that we have high security
    measures on them. We do----
        Senator Fischer. But isn't one of the things we do not want
    is to be connected to the internet?
        Ms. McCormick. Well, there is a reason why they are
    connected, and that is to make sure that voters are not voting
    in multiple places. We have to be able to be assured that, you
    know, if somebody is checking in----
        Senator Fischer. Does that put in jeopardy the entire
    system, or is it--?
        Ms. McCormick. No, they are separate from the voting
    systems. They usually are just checking in to register to get a
    ballot and to provide the correct ballot. We usually do that
    by--e-poll books use usually driver's licenses. You know, they
    swipe those driver's licenses, but there is usually a
    connection----
        Senator Fischer. But it has nothing to do with the voting
    machines?
        Ms. McCormick. No, they are not connected to it.
        Senator Fischer. I think that needs to be made clear
    because there is deep concern about anything that is connected
    to the internet.
        Ms. McCormick. Yes.
        Senator Fischer. The possibility that could be hacked in
    any way.
        Ms. McCormick. Yes. We are, you know, we ask election
    officials to ensure there is an air gap between any kind of
    system that is connected to the internet, with the voting
    systems, so that the voting systems are not affected by, you
    know, any kind of internet connection.
        Senator Fischer. Right. Thank you very much.
        Chairwoman Klobuchar. All right. Well, thank you. I am sure
    we will keep the record open of the hearing for a week for--if
    our colleagues have other questions. You have all done very,
    very well. I want to thank Ranking Member Fischer, as well as
    Senator Welch, the Members of the Committee.
        I also want to thank the Commissioners for sharing your
    testimony on the work that you do. While you may come from
    different political backgrounds, we see the consistent themes
    of wanting to wanting to make sure that our states' elections
    are well administered, that there is funding for those state
    administrators and the administration of elections, and that
    the elections officials there are protected so that they can do
    their jobs, in addition to responding to the many new
    challenges that we are all seeing in many aspects of American
    life.
        But always, elections are kind of the canary in the coal
    mine when it comes to where you have, whether it is foreign
    interference or whether it is threats. We want to make sure
    that the funda

    [[Page 24]]

    mental reason we are all here, our democracy. The reason I met
    with 300 interns for Democratic and Republican Members of
    Congress today, who are all so eager, some of them may be here,
    to be part of this democracy. The reason we all get up every
    morning. You really--I want to thank you for guiding us there.
        I look forward to continuing to work with my colleagues on
    the Committee to support this Commission, the work that you do.
    The hearing is adjourned. Thank you.
        [Whereupon, at 4:45 p.m., the hearing was adjourned.]

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