WASHINGTON – U.S. Senators Amy Klobuchar (D-MN), Ranking Member of the Senate Committee on Rules and Administration, and Chris Coons (D-DE), Ranking Member of the Senate Appropriations Subcommittee on Financial Services and General Government, sent a letter to the U.S. Election Assistance Commission (EAC) over reports that a lead official responsible for certifying voting systems has stepped down, potentially leaving the agency without sufficient cybersecurity expertise ahead of future elections. In the letter, the senators asked for information regarding agency management, staff recruitment, and testing and certification deadlines for voting machines. 

“As you know, our state and local government partners face significant and sophisticated cybersecurity threats from foreign actors. Against this backdrop, it is critical that our nation’s election officials have the support they need from the federal government in modernizing their voting systems, and the EAC has a responsibility to maintain a high-functioning certification program,” the senators wrote. 

“Public reporting indicates that the EAC now employs only one full time staff member dedicated to overseeing the certification process. Given the length of time the certification process can take, we are concerned that the EAC will not have the resources and capacity needed to certify the machines that states intend to use as part of their modernization efforts ahead of the 2020 elections.” 

The full text of the letter can be found below:

Dear Commissioners and Executive Director Newby: 

As the Ranking Members of the Senate Committee on Rules and Administration, and of the Senate Appropriations Subcommittee on Financial Services and General Government, we write to express our deep concern regarding reports that a lead official responsible for certifying voting systems at the Election Assistance Commission (EAC) stepped down, potentially leaving the agency without sufficient cybersecurity expertise ahead of the next elections. 

We are further concerned by a recently disclosed Office of Personnel Management (OPM) report which outlines several management concerns related to the operations of the Commission. The issues raised in the OPM report have been reinforced by concerns reported to our staff regarding the work environment at the EAC.

Following the resignation of Ryan Macias, public reporting indicates that the EAC now employs only one full-time staff member dedicated to overseeing the certification process. While we understand that the Commission may be working to hire additional staff, we are concerned by the sudden appointment of Jerome Lovato to be the Director of Testing and Certification especially as reports indicating that Mr. Lovato will be working remotely, more than a thousand miles from EAC headquarters. As states continue to update their election equipment and vendors develop new machines, it is essential that Testing and Certification at the EAC be fully operational. Given the length of time the certification process can take, we are concerned that the EAC will not be able to certify the machines that states intend to use as part of their modernization efforts ahead of the 2020 elections.

As you know, our state and local government partners face significant and sophisticated cybersecurity threats from foreign actors. With these challenges, it is critical that our nation’s election officials have the support they need from the Federal Government in modernizing their voting systems and that the EAC fulfills its responsibility to maintain a high-functioning certification program.

To help us understand what the EAC needs in order to effectively carry out its mission, we respectfully request answers to the following questions by May 24th:

  1. What short-term actions will the EAC take to dedicate more resources to its certification program?
  2. What will the EAC do to improve its ability to recruit and retain talented and expert staff?
  3. While we understand that the length of certification is not always predictable and can vary between machines, what would you estimate is the approximate “deadline” to submit a machine for certification that is intended to be used in the 2020 general election? If different types of machines will have different estimated deadlines, please provide those.
  4. How will the number of staff overseeing the EAC certification program affect these deadlines?
  5. What does the EAC believe is the ideal staffing level to oversee its certification program?
  6. What skillsets are the EAC prioritizing in its hiring for staff to oversee its certification program?
  7. How has the Commission worked to implement the recommendations of the OPM report?
  8. In 2018, the EAC Office of the Inspector General (OIG) issued a report outlining “long-standing and overarching weaknesses related to EAC operations.” And in 2017, the OIG specifically noted that conditions at the EAC have resulted in “…an inability of EAC to focus on key duties, a failure to hold people accountable, and a decline in staff morale.” How is the EAC working to improve employee morale within the agency? 

Thank you for your attention to this serious matter.

Sincerely,

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