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brennan center for justice

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System Vulnerabilities: should include any flaw in a voting system which might reasonably lead to aSystem Failure.Who must report problems?Anyone, including election officials, should be permitted to report voting system problems. For thereasons detailed in this report, if the new regulatory scheme is going to have maximum effectiveness,voting system vendors must be required to report both failures and vulnerabilities brought to theirattention.Voting System Vendor should include any sole proprietor, partnership, LLC, corporation, commercialentity or non-commercial entity that has contributed to the initial development, building, distributionor other parts of the supply chain, or maintenance of all or part of the voting system.Who is entitled to ask that their personal in<strong>for</strong>mation be kept confidential?At the very least, election officials and whistleblowers who work <strong>for</strong> vendors or state and local governments,should be entitled to request that their name and identifying in<strong>for</strong>mation be kept confidential.A provision establishing this confidentiality option might look like this:(a) If in<strong>for</strong>mation is submitted <strong>for</strong> inclusion in [the database] by or on behalf of an electionofficial who affirmatively requests that his name and identifying in<strong>for</strong>mation be keptconfidential, [the agency] shall not release to the public the submitters’ name and identifyingin<strong>for</strong>mation, notwithstanding the provisions of Title 5 United States Code Section 552 orother provision of law, unless the [head of agency] determines that such public disclosureis necessary to advance the purposes of this chapter.(b) In the case of in<strong>for</strong>mation submitted <strong>for</strong> inclusion in [the database] by or on behalf of anyperson other than an election official or a voting machine vendor, [the agency] shall notrelease to the public the submitters’ name and identifying in<strong>for</strong>mation, notwithstandingthe provisions of Title 5 United States Code Section 552 or other provision of law, unlessthe submitter affirmatively authorizes such release or the [head of agency] determines thatsuch public disclosure is necessary to advance the purposes of this chapter.(c) Except as provided in subsections (a) and (b) of this section, [the agency] shall make allin<strong>for</strong>mation submitted <strong>for</strong> inclusion in [the database] available to the public.Brennan Center <strong>for</strong> Justice | 45

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