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Designated as the sole Federal Election Authority, the U.S. Election Assistance Commission (EAC) oversees the definition of federal voting system certification requirements. The EAC also oversees the thorough, independent testing process which determines whether a voting system meets those requirements, including those standards designed to ensure the systems accuracy. The Help America Vote Act was established after the 2000 election and created the Election Assistance Commission or EAC. HAVA requires the Commission to serve as a national clearinghouse and resource for the compilation of information and review of procedures (with respect to the administration) for Federal elections. Subtitle B, section 231 of the Help America Vote Act requires that the EAC provide for the testing, certification, decertification and recertification by a federally accredited laboratory for the systems used in federal elections. 

The EAC has made accreditations from the

• National Institute of Standards and Technology’s (NIST) 
• National Voluntary Laboratory Accreditation Program (NVLAP) 

a requirement as part of its VSTL accreditation program. NVLAP accreditation is the primary means by which the EAC ensures that each VSTL meets and continues to meet the technical requirements of the program.  

The National Voluntary Laboratory Accreditation Program (NVLAP) is a U.S. Government entity administered by the National Institute of Standards and Technology (NIST), an agency of the U.S. Department of Commerce. NVLAP requirements are mandatory and must be fulfilled to achieve and maintain accreditation. NVLAP requirements are found in NIST Handbook 150, NIST Handbook 150-xx series, NVLAP Policy Guides, and NVLAP Laboratory Bulletins.  

NVLAP Handbook 150:  

3.6.1 NVLAP grants initial accreditation when a laboratory has met all NVLAP criteria for accreditation. One of four accreditation renewal dates (January 1, April 1, July 1, or October 1) is assigned to the laboratory and is usually retained as long as the laboratory remains in the program.  NVLAP accreditation is valid from the date of granting accreditation to the assigned renewal date. If accreditation is not renewed by the laboratory prior to the renewal date, the accreditation will expire.  

 3.6.2 When accreditation is granted, NVLAP provides a Certificate of Accreditation and a Scope of Accreditation to the laboratory. 

3.6.3 The accreditation documents include the following information: a) the name and address of the laboratory that has been accredited; b) the laboratory’s Authorized Representative; c) the effective and the expiration dates of the accreditation; d) the NVLAP Lab Code.   

3.7.1 Each accredited laboratory receives a renewal notification before the expiration date of its accreditation to allow sufficient time to complete the renewal process. 

3.7.2 Fees for renewal are charged according to services required as listed on the NVLAP website. 

3.7.3 Both the required information and fees shall be received by NVLAP prior to expiration of the laboratory’s current accreditation to avoid a lapse in accreditation”

Additionally, the EAC issued a Notice of Clarification (21-01) addressing this very issue in July of 2021. 

NOC 21-01: 

VSTL Accreditation Status Issued by Program Director on July 23, 2021 Section of Manual to be Clarified: “Voting System Test Laboratory Manual, version 2.0: 3.8. Expiration and Renewal of Accreditation. A grant of accreditation is valid for a period not to exceed two years. A VSTL’s accreditation expires on the date annotated on the Certificate of Accreditation. VSTLs in good standing shall renew their accreditation by submitting an application package to the Program Director, consistent with the procedures of Section 3.4 of this Chapter, no earlier than 60 days before the accreditation expiration date and no later than 30 days before that date. Laboratories that timely file the renewal application package shall retain their accreditation while the review and processing of their application is pending.”  

With HAVA’s enactment, the responsibility for developing voting system standards was transferred from the FEC to the EAC and their new iterations are now the EAC Voluntary Voting System Guidelines. Voluntary Voting System Guidelines (VVSG) are a set of specifications and requirements that voting systems, including voting devices and software, must meet in order to receive a certification from the EAC. Although participation in the program is voluntary, adherence to the program’s procedural requirements is mandatory for participants.

 Designated as the sole Federal Election Authority, the U.S. Election Assistance Commission (EAC) oversees the definition of federal voting system certification requirements. The EAC also oversees the thorough, independent testing process which determines whether a voting system meets those requirements, including those standards designed to ensure the systems accuracy. There are two types of certifications granted after this required testing. The difference of the two is important, as we are only focusing on ACCREDITATIONS here. However, I want to point out the difference of the two for identifiable purposes.