brennan center for justice

what local governments can do nowWhile a national, centralized and searchable database along the lines we have suggested inthis report is ultimately the best way to ensure that problems with machines are publicizedand corrected throughout the country, there are important interim steps that county andstate governments, in particular, can begin taking immediately to increase the chances thatelection officials learn of problems with their voting systems and can avoid some of the kindsof problems detailed in this reportNegotiate Better ContractsAs previously detailed in this report, provisions in many voting machine contracts make itmuch more difficult for election officials and the public to get detailed information aboutsystem problems reported in other parts of the country, or to hold vendors responsible forproblems when something goes wrong. To increase voting system reliability and maximizevendors’ motivation to minimize the risk of such problems, counties and states should begindemanding certain key contract terms, including:• mandating reports from vendors “on a per occurrence basis of any hardware orsoftware system error occurrences resulting from design or manufacturing defectsin any jurisdiction” in which the voting system is being used; 280• mandating reports from vendors of any complaints (including usability concerns),warranty claims and lawsuits about their systems, together with the result ofany vendor investigation, explanations, and actions taken to address thesecomplaints;• extending warranty periods for the purchasers;• mandating financial liability to vendors in the event of a malfunction;• ensuring that voting systems are tested against the most modern federal guidelinesinstead of older versions that computer scientists have faulted as inadequate; and• allowing local election officials to independently test the accuracy of the machines aslong as they do not disclose proprietary information or trade secrets. 281The New Jersey Department of the Public Advocate discusses how jurisdictions mightconstruct many of these provisions in a document entitled “The Purchase of VotingSystems in New Jersey: How Government Can Better Protect Taxpayer Rights and VotingSecurity.” 282 Washington, D.C. has also passed a law setting more stringent requirementsfor voting system contracts. 283 We strongly urge election officials entering into contractswith voting system vendors to review the contents of these documents.Brennan Center for Justice | 39