Elections: Action Plans Needed to Fully Address Challenges in Electronic Absentee Voting Initiatives for Military and Overseas Citizens (14-JUN-07, GAO-07-774). The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) protects the rights of military personnel, their dependents, and overseas citizens to vote by absentee ballot. The Department of Defense (DOD) and others have reported that absentee voting, which relies primarily on mail, can be slow and may, in certain circumstances, serve to disenfranchise these voters. In 2004, Congress required DOD to develop an Internet-based absentee voting demonstration project and required the Election Assistance Commission--which reviews election procedures--to develop guidelines for DOD's project. In 2006, Congress required DOD to report, by May 15, 2007, on plans for expanding its use of electronic voting technologies and required GAO to assess efforts by (1) DOD to facilitate electronic absentee voting and (2) the Commission to develop Internet voting guidelines and DOD to develop an Internet-based demonstration project. GAO also assessed DOD's efforts to develop plans to expand its use of electronic voting technologies. GAO interviewed officials and reviewed and analyzed documents related to these efforts. -------------------------Indexing Terms------------------------- REPORTNUM: GAO-07-774 ACCNO: A70748 TITLE: Elections: Action Plans Needed to Fully Address Challenges in Electronic Absentee Voting Initiatives for Military and Overseas Citizens DATE: 06/14/2007 SUBJECT: Absentee voting Americans abroad Data transmission E-mail Elections Information security Internet Internet privacy Program evaluation Voting DOD Federal Voting Assistance Program ****************************************************************** ** This file contains an ASCII representation of the text of a ** ** GAO Product. ** ** ** ** No attempt has been made to display graphic images, although ** ** figure captions are reproduced. Tables are included, but ** ** may not resemble those in the printed version. ** ** ** ** Please see the PDF (Portable Document Format) file, when ** ** available, for a complete electronic file of the printed ** ** document's contents. ** ** ** ****************************************************************** GAO-07-774 * [1]Results in Brief * [2]Background * [3]DOD Initiatives Assist UOCAVA Voters, but Certain Weaknesses * [4]Electronic Transmission Service's E-mail to Fax Conversion C * [5]DOD's Electronic Ballot Request and Receipt Initiatives Had * [6]Online Voting Guidance Is Useful but Some Inconsistencies Ex * [7]Online Voting Forms * [8]Absence of Internet Absentee Voting Guidelines Has Hindered * [9]The Commission Has Not Developed Internet Absentee Voting Gu * [10]The Election Assistance Commission Has Started a Study as a * [11]The Commission Does Not Have a Plan for Assessing Security I * [12]DOD Has Not Developed a Secure, Internet-based, Absentee Vot * [13]DOD Was Developing Plans to Expand the Use of Electronic Vot * [14]Conclusions * [15]Recommendations for DOD * [16]Recommendations for the Election Assistance Commission * [17]Agency Comments and Our Evaluation * [18]GAO Contact * [19]Acknowledgments * [20]GAO's Mission * [21]Obtaining Copies of GAO Reports and Testimony * [22]Order by Mail or Phone * [23]To Report Fraud, Waste, and Abuse in Federal Programs * [24]Congressional Relations * [25]Public Affairs Report to Congressional Committees United States Government Accountability Office GAO June 2007 ELECTIONS Action Plans Needed to Fully Address Challenges in Electronic Absentee Voting Initiatives for Military and Overseas Citizens GAO-07-774 Contents Letter 1 Results in Brief 3 Background 6 DOD Initiatives Assist UOCAVA Voters, but Certain Weaknesses May Limit Their Effectiveness 12 Absence of Internet Absentee Voting Guidelines Has Hindered Development of the Mandated Internet-Based Absentee Voting Demonstration Project 23 DOD Was Developing Plans to Expand the Use of Electronic Voting Technology in the Future, but Sound Management Practices Are Key 28 Conclusions 30 Recommendations for DOD 31 Recommendations for the Election Assistance Commission 32 Agency Comments and Our Evaluation 32 Appendix I Scope and Methodology 34 Appendix II Examples of the Inconsistent Voting Assistance Guidance on DOD's Web Site 37 Appendix III Comments from the Department of Defense 44 Appendix IV Comments from the Election Assistance Commission 47 Appendix V GAO Contact and Staff Acknowledgments 49 Related GAO Products 50 Tables Table 1: Electronic Transmission Service E-mail to Fax Conversions for 2004 and 2006 13 Table 2: Comparison of Integrated Voting Alternative Site Tools 1 and 2 for Election Year 2006 18 Table 3: State Offices Contacted and Programs Where the States Were Participants 35 Table 4: Inconsistencies Identified in Guidance on Electronic Alternatives to Mail 37 Figures Figure 1: Laws and Some DOD Programs Promoting Electronic Alternatives to Mail for UOCAVA Voters, 2000 through 2007 9 Figure 2: DOD's 2006-2007 Voting Assistance Guide 20 This is a work of the U.S. government and is not subject to copyright protection in the United States. It may be reproduced and distributed in its entirety without further permission from GAO. However, because this work may contain copyrighted images or other material, permission from the copyright holder may be necessary if you wish to reproduce this material separately. Abbreviations DOD Department of Defense FVAP Federal Voting Assistance Program HTML Hypertext Markup Language IVAS Interim Voting Assistance System IVAS Integrated Voting Alternative Site NDAA National Defense Authorization Act OMB Office of Management and Budget PDF Portable Document Format SERVE Secure Electronic Registration and Voting Experiment UOCAVA Uniformed and Overseas Citizens Absentee Voting Act VAG Voting Assistance Guide United States Government Accountability Office Washington, DC 20548 June 14, 2007 The Honorable Carl Levin Chairman The Honorable John McCain Ranking Member Committee on Armed Services United States Senate The Honorable Ike Skelton Chairman The Honorable Duncan Hunter Ranking Member Committee on Armed Services House of Representatives A citizen's right to vote is one of the hallmarks of a democratic society; yet exercising this right can be a challenge for millions of military personnel and their dependents of voting age who live away from their legal residences (in or outside the United States) and for overseas citizens. These individuals are eligible to vote by absentee ballots in federal elections. This eligibility is established by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA),1 which is administered by the Department of Defense's (DOD) Federal Voting Assistance Program (FVAP). Through this program, DOD provides assistance to UOCAVA voters to facilitate opportunities for them to exercise their right to vote. The absentee voting process requires the potential voter to register to vote, request an absentee ballot, receive the ballot, correctly complete the ballot, and return it to the appropriate local election official. However, DOD and groups that represent voters covered under the act have reported that, because the multistep process of absentee voting relies primarily on mail, in some instances it can take so long to complete that these voters may, in effect, be disenfranchised. 1Pub. L. No. 99-410 (1986), 42 U.S.C. SS 1973ff et seq. To address concerns about mail-based absentee voting, Congress has enacted several laws to promote electronic means for voters to register, request and receive ballots, and transmit voted ballots to local election officials. These laws include (1) the Help America Vote Act of 2002, which established the Election Assistance Commission to serve as a national clearinghouse for election information and to review election procedures; develop voluntary voting system guidelines;2 and study, among other things, electronic voting--particularly Internet voting technology; (2) section 1604 of the National Defense Authorization Act (NDAA) for Fiscal Year 2002, which required DOD to carry out a secure3 Internet-based electronic demonstration project4 in the general election for federal office in 2002 or 2004; and (3) section 567 of the Ronald W. Reagan NDAA for Fiscal Year 2005, which amended Congress's mandate for DOD to develop a secure, Internet-based, absentee voting demonstration project--by requiring DOD to implement the project during the first general election for federal office that occurs after the Election Assistance Commission establishes Internet voting guidelines for the absentee voting process.5 Section 596 of the John Warner NDAA for Fiscal Year 2007 required DOD to submit, not later than May 15, 2007, a detailed plan to expand the use of electronic voting technology. Section 596 of the John Warner NDAA for Fiscal Year 2007 also required GAO to review DOD's electronic and Internet-based voting initiatives. This report assesses (1) DOD's efforts to facilitate registration, ballot transmittal, and voting by electronic means, such as e-mail and fax, for UOCAVA voters and (2) the Election Assistance Commission's efforts to develop Internet absentee voting guidelines and DOD's efforts to develop a secure, Internet-based, absentee voting demonstration project. The report also discusses DOD's efforts to develop plans to expand the use of electronic voting technology in the future. 2Voluntary voting system guidelines are to provide a set of specifications and requirements to be used in the certification of computer-assisted voting systems, both paper-based and fully electronic; states are free to adopt these guidelines in whole or in part or reject them entirely. 3In 1998, DOD had voluntarily initiated a proof of concept called "Voting Over the Internet," which was a small-scale Internet-based project used in the 2000 elections. DOD's report on this proof of concept acknowledged that a larger-scale pilot would result in more visibility and potentially attract those with malicious intent to harm the system, but suggested ways to mitigate such future attacks. To address these security concerns and other issues, Congress asked DOD, in 2002, to develop a large-scale, Internet-based demonstration project to ensure a methodical progression from the current mail-based process to a secure, easy-to-use Internet registration and voting system. 4One of the primary objectives of the electronic demonstration project was to assess the use of such technologies to improve UOCAVA participation in elections. 5The conference report for the bill noted that DOD's prototype for electronic voting was important and should not be abandoned and encouraged the Secretary of Defense to provide funding to the Commission to advance electronic absentee voting by UOCAVA voters. H.R. Rep. No. 108-767, at 680 (2004) (Conf. Rep.). To address our objectives, we reviewed and analyzed laws, directives, reports, and plans related to DOD's efforts to provide electronic voting capabilities for UOCAVA voters. We also examined the Election Assistance Commission's efforts to develop Internet absentee voting guidelines. We reviewed and analyzed information regarding any benefits and challenges that we, DOD, and others had identified related to DOD's Internet-based electronic demonstration project and new electronic voting initiatives, along with the steps DOD had taken to mitigate those challenges. Additionally, we interviewed and obtained documentation from officials in several offices within DOD, the Election Assistance Commission, selected state and local election jurisdictions, and some independent groups concerned with the interests of UOCAVA voters. We performed our work in accordance with generally accepted government auditing standards, from August 2006 through April 2007. Appendix I provides detailed information about our scope and methodology. Results in Brief Since the 2000 federal election, DOD has developed several initiatives to facilitate voting by electronic means such as fax or e-mail; however, some of these initiatives exhibited weaknesses or garnered low participation rates that could limit their effectiveness. DOD introduced the first of three initiatives, an e-mail to fax conversion enhancement to its Electronic Transmission Service, in 2003. This feature allows UOCAVA voters who do not have access to a facsimile machine to send ballot requests, via e-mail, to DOD's Electronic Transmission Service, which converts e-mail messages to faxes and sends them to local election officials.6 In return, local election officials can send ballots to the Electronic Transmission Service conversion feature by fax; the conversion feature then converts the fax to an e-mail and sends it to the voter. DOD officials told us, however, that this feature is not in compliance with certain DOD information security requirements,7 which include performing and documenting risk assessments and security certification testing. Without such compliance, DOD cannot certify that it has employed the basic practices necessary to apply security measures. DOD officials said that they plan to award a contract to meet the requirements. Also, DOD voluntarily launched a second initiative--the Interim Voting Assistance System (IVAS)--in September 2004, to enable, as DOD reported, absentee voters to request and receive state or territory ballots securely for use in the November 2004 election. DOD spent $576,000 on this project, but only 17 citizens received ballots through this system--in part, because it was implemented just 2 months before the election. Further, in September 2006, DOD developed, in response to a legislative mandate,8 a third initiative--the Integrated Voting Alternative Site (also called IVAS). This site included (1) a ballot request only tool--called Tool 1--that enabled voters to request their state or territory ballots from election officials by fax, regular mail, or unsecured e-mail and (2) a ballot request and receipt tool--called Tool 2--that enabled voters to request and receive their state or territory ballots through a secured server. Officials within Congress, and others, expressed concerns that using the Tool 1 with unsecured e-mail could expose voters to the risk of identity theft. DOD displayed a warning on the site--which voters had to read to continue processing their request--that explained the risks associated with e-mailing ballot requests. While the warning addressed the risks of transmitting personal identification information by e-mail, it did not inform voters of the risks involved in leaving such personal information on the computers they used--especially public computers or those shared by others. DOD officials said they would incorporate lessons learned, such as adding a cautionary statement to future systems to warn UOCAVA voters to remove personal information from the computers they use. DOD spent about $1.1 million on the 2006 IVAS, but local election officials could link only eight ballots to IVAS Tool 2.9 In addition to these initiatives, DOD has established a Web site with links to guidance that provides UOCAVA voters with, among other things, information on electronic alternatives to mail for each of the 55 states and territories. These links lead to DOD's 2006 IVAS, the Voting Assistance Guide, news releases, and guidance updates. Our analysis of information on DOD's Web site, however, showed that for 14 of the 55 states and territories, some of the information about the alternatives was inconsistent and could be misleading. For example, for one state, information on three links correctly stated that only overseas military and overseas civilian voters were eligible to receive or return a ballot by fax; however, a fourth link did not include this restriction. As a result, military personnel stationed in the United States, but away from their state of residence, may have incorrectly concluded that they were eligible to vote by fax. While these inconsistencies were not widespread, their mere existence could lead UOCAVA voters to rely on incorrect information and therefore adversely affect the citizens' ability to vote. Agency officials acknowledged these discrepancies and addressed them during the course of our review. We are recommending that DOD improve the security and accuracy of its systems by (1) complying with information security requirements, (2) incorporating lessons learned, such as adding a cautionary statement to future systems to warn UOCAVA voters to remove personal information from the computers they use, and (3) institutionalizing a review process for its online guidance to ensure that information for absentee voters is accurate and consistent. DOD concurred with these recommendations. 6The Federal Voting Assistance Program reported that some states, by law, allow voting materials to be sent by fax but not by e-mail. 7DOD, Interim Department of Defense (DOD) Certification and Accreditation (C&A) Process Guidance, July 6, 2006. 8Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006. Pub. L. No. 109-234 (2006). 9FVAP reported that, since ballot requests could be printed and returned through the mail or by fax instead of the secured server, an accurate reporting could not be obtained through Tool 2. FVAP also reported that ballot requests submitted using Tool 1 could not be tracked and reported because voters sent the requests directly to local election officials using their personal e-mail accounts, mail, or fax. The Election Assistance Commission has not yet developed guidelines for Internet absentee voting for DOD's use, and, thus, DOD has not proceeded with developing its secure, Internet-based, absentee voting demonstration project. Specifically, Commission officials stated that they had not yet developed the guidelines because they had been devoting constrained resources to meeting the challenges associated with current electronic voting machines. Furthermore, the Commission has not yet established--in conjunction with major stakeholders, like DOD--tasks, including addressing security and privacy risks; time frames; or milestones for completing the guidelines. Similarly, DOD has not developed the secure, Internet-based, absentee voting demonstration project because, DOD officials said, by law, the Commission must develop Internet absentee voting guidelines for DOD to follow before it can proceed. To support the Commission in developing these guidelines, DOD officials said they gave the Commission a report and an internal DOD document that provides the framework for a system, along with challenges DOD found in its earlier Internet voting projects. These challenges included security threats such as computer viruses, malicious insider attacks, and inadvertent errors that could disrupt system performance. DOD officials stated that, even if the Internet absentee voting guidelines had been available at the time of our review, the time remaining before the 2008 federal election would be inadequate for developing the secure, Internet-based, demonstration project. We are recommending that the Election Assistance Commission, in conjunction with major stakeholders such as DOD, create an action plan with tasks including actions to address the security and privacy risks associated with Internet voting processes and time frames for developing the Internet absentee voting guidelines. The Election Assistance Commission concurred with our recommendation. We observed that DOD was developing, but had not yet completed, plans for expanding the use of electronic voting technology for military personnel and overseas citizens, as required by the John Warner NDAA for Fiscal Year 2007. The act requires DOD to submit these plans to Congress, not later than May 15, 2007. Our analysis of existing DOD and Commission documents and our interviews with agency officials show that DOD has not sufficiently involved stakeholders in recent electronic voting efforts--such as its 2006 IVAS. In addition, it has not established interim tasks that address issues such as security and privacy, milestones, time frames, or contingency plans, following the sound management practices used by leading organizations. Implementation of new electronic voting initiatives requires careful planning, particularly in light of the large number of stakeholders, the application of new technology, the remote location of troops, and the lead time required for implementation. Without an integrated, results-oriented plan that involves all stakeholders and identifies, among other things, goals, tasks, time frames, and contingency plans, DOD is not in a position to address congressional expectations to establish secure and private electronic and Internet-based voting initiatives. We are recommending that DOD, in conjunction with major stakeholders such as the Election Assistance Commission and local election officials, develop a comprehensive, results-oriented plan for future efforts that specifies, among other things, tasks including identifying safeguards for security and privacy of all DOD's voting systems--both electronic and Internet-based. DOD concurred with this recommendation. DOD's and the Commission's written comments are contained in appendixes III and IV, respectively. DOD also provided technical comments, which we incorporated in the final report, as appropriate. Background The U.S. election system is highly decentralized and relies on a complex interaction of people, processes, and technology. Voters, local election jurisdictions (which number over 10,000), states and territories, and the federal government all play important roles in the election process. The process, however, is primarily the responsibility of the individual states and territories and their election jurisdictions. As we reported in our 2006 testimony,10 states and territories have considerable discretion in how they organize the elections process; this is reflected in the diversity of procedures and deadlines that states and jurisdictions establish for voter registration and absentee voting. Furthermore, these states and jurisdictions use a variety of voting techniques, from paper ballots to faxes and e-mails. We also reported that the voter is ultimately responsible for being aware of and understanding the absentee voting process and taking the actions necessary to participate in it. The UOCAVA established that members of the military and their dependents of voting age living away from their legal residences (in or outside the United States) and American citizens who no longer maintain a permanent residence in the United States are eligible to participate by absentee ballot in all federal elections. According to DOD, the act covers more than 6 million people. Executive Order and DOD guidance related to the act include the following: o Executive Order 12642, dated June 8, 1988, made the Secretary of Defense, or his designee, responsible for carrying out the federal functions under UOCAVA, including (1) compiling and distributing information on state absentee voting procedures, (2) designing absentee registration and voting materials, (3) working with state and local election officials, and (4) reporting to Congress and the President after each presidential election on the effectiveness of the program's activities (including a statistical analysis of UOCAVA voters' participation). o DOD Directive 1000.4, updated April 14, 2004, assigned the Office of the Under Secretary of Defense for Personnel and Readiness responsibility for administering and overseeing the program, and it established the FVAP to manage the program. In 2006, FVAP officials told us that they were authorized a full-time staff of 13 and had a fiscal year budget of approximately $3.8 million. FVAP facilitates the absentee voting process for UOCAVA voters; its mission is to (1) inform and educate U.S. citizens worldwide about their right to vote, (2) foster voter participation, and (3) enhance and protect the integrity of the electoral process at the federal, state, and local levels. FVAP also, among other things, provides training opportunities for Voting Assistance Officers (service, State Department, and overseas citizen organization officials who carry out the implementation of their respective voting assistance programs); prescribes, coordinates, and distributes voting materials, such as the Federal Post Card Application (the registration and absentee ballot request form for UOCAVA voters); and provides for alternatives to regular mail, including Express Mail and the use of electronic solutions. 10GAO, Elections: DOD Expands Voting Assistance to Military Absentee Voters, but Challenges Remain, GAO-06-1134T (Washington, D.C.: Sept. 28, 2006). The Election Assistance Commission, which was established by the Help America Vote Act of 2002, also contributes to the absentee voting process. The act specifically established the Commission as a national clearinghouse for election information and procedures and assigned it responsibility for developing voting system guidelines for the entire election process. The act also specifies that the development of voluntary voting system guidelines should be informed by research and development in remote access voting, including voting through the Internet, and the security of computers, networks and data storage. In 2005, the Commission issued guidelines that, among other things, addressed gaps in the security measures of prior standards. However, these guidelines do not comprehensively address telecommunications and networking services or their related security weaknesses, such as those related to the Internet. The act also amended UOCAVA to require states to report to the Commission, after each regularly scheduled general election for federal office, on the aggregate number of (1) absentee ballots transmitted to absentee uniformed services voters and overseas voters for the election and (2) ballots returned by those voters and cast in the election. The Commission collects this information through its biennial state surveys of election data. DOD, the Commission, and organizations representing UOCAVA voters have noted that these voters may effectively become disenfranchised because the multistep process for voting by absentee ballot--which relies primarily on mail--can take too long, especially for mobile servicemembers and overseas citizens or those deployed to or living in remote areas. Congress and DOD have taken action to facilitate the use of alternatives to mail, including electronic means such as fax, e-mail, and the Internet. Figure 1 shows (1) the laws designed to facilitate the use of electronic capabilities for UOCAVA voters and (2) some of DOD's efforts, either voluntary or in response to a statute, to provide electronic capabilities to these voters during fiscal years 2000 through 2007. Figure 1: Laws and Some DOD Programs Promoting Electronic Alternatives to Mail for UOCAVA Voters, 2000 through 2007 FVAP stated that it implemented the Voting Over the Internet project in 2000 as a small-scale pilot project to provide military personnel and their dependents and overseas citizens covered under UOCAVA the ability to securely register to vote, request and receive ballots from local election officials, and vote via the Internet. DOD voluntarily developed the project as a small-scale proof-of-concept Internet voting project. This project enabled 84 voters to vote over the Internet--the first time that binding votes were cast in this manner.11 While the project demonstrated that it was possible for a limited number of voters to cast ballots online, DOD's report concluded that security concerns needed to be addressed before it could expand remote (i.e., Internet) voting to a larger population. 11UOCAVA voters in Florida, South Carolina, Texas, and Utah, who were away from their legal residences, cast a total of 84 votes from their homes, workplaces, or duty stations on personal computers. In 2001, Congress noted that the Voting Over the Internet project had demonstrated that the Internet could be used to enhance absentee voting.12 To continue the examination of a secure, easy-to-use Internet voting system as an alternative to the regular mail process, Congress mandated, in the NDAA for Fiscal Year 2002, that DOD conduct a large-scale Internet-based absentee voting demonstration project to be used for the 2002 or 2004 federal election. DOD responded to this mandate by creating the Secure Electronic Registration and Voting Experiment (SERVE) for Internet-based absentee registration and voting; SERVE used a system architecture similar to the one used for the Voting Over the Internet project. However, as we previously reported,13 a minority report published by four members of the Security Peer Review Group--a group of 10 computer election security experts that FVAP assembled to evaluate SERVE--publicly raised concerns about the security of the system because of its use of the Internet.14 The four members suggested that SERVE be terminated because potential security problems left the information in the system vulnerable to cyber attacks that could disclose votes or personal voter information. Furthermore, they cautioned against the development of future electronic voting systems until the security of both the Internet and the world's home computer infrastructure had been improved. Because DOD did not want to call into question the integrity of votes that would have been cast via SERVE, the Deputy Secretary of Defense terminated the project in early 2004, and DOD did not use it in the November 2004 election. 12The U.S. Senate Committee on Armed Services report on Senate bill 1416 regarding the NDAA for Fiscal Year 2002 noted that the Voting Over the Internet project was an important first step in assessing how to use the Internet to enhance absentee voting; reducing traditional barriers to participation in elections by absentee voters; and providing insight into issues that must be considered for broader use of remote registration and voting through the Internet. (S. Rep. No. 107-62, at 307 [2001]). 13GAO, Elections: Absentee Voting Assistance to Military and Overseas Citizens Increased for the 2004 General Election, but Challenges Remain, [26]GAO-06-521 (Washington, D.C.: Apr. 7, 2006). 14Security Peer Review Group, A Security Analysis of the Secure Electronic Registration and Voting Experiment (SERVE), January 21, 2004. The Security Peer Review Group consisted of 10 experts on computer security and voting systems drawn from academia and the private sector. As stated above, the report was written by 4 of the 10 experts. The points raised in these security reviews are consistent with concerns we raised in our 2001 reports.15 We found that broad application of Internet voting presented formidable social and technological challenges. In particular, we noted that challenges to remote Internet voting16 involve securing voter identification information and ensuring that voters secure the computer on which they vote. We also reported that because voting requires more stringent controls than other electronic transactions, such as online banking, Internet voting systems face greater security challenges than other Internet systems. Furthermore, we found that remote Internet voting was recognized as the least protective of ballot secrecy17 and voter privacy18 and was most at risk from denial of service and malicious software, such as computer viruses. While opinions of groups considering the pros and cons of Internet voting were not unanimous, we found that they agreed in principle on major issues, including considering security to be the primary technical challenge for Internet voting.19 Because of serious concerns about protecting the security and privacy of the voted ballot, we concluded that Internet-based registration and voting would not likely be implemented on a large scale in the near future. In the Ronald W. Reagan NDAA for Fiscal Year 2005, Congress amended the requirement for the Internet-based absentee voting demonstration project by permitting DOD to delay its implementation until the first federal election after the Election Assistance Commission developed guidelines for the project. The conference report for the act20 stated that, although Congress recognized the technical challenges of Internet voting, SERVE was an important prototype that should not be abandoned. 15GAO, Elections: Voting Assistance to Military and Overseas Citizens Should be Improved, [27]GAO-01-1026 (Washington, D.C.: Sept. 28, 2001) and Elections: Perspectives on Activities and Challenges Across the Nation, [28]GAO-02-3 (Washington, D.C.: Oct. 15, 2001). 16Various approaches to Internet voting are possible, ranging from the use of Internet connections at traditional polling stations to the ability to remotely vote from anywhere (remote Internet voting). An intermediate step along this range is an option referred to as "kiosk voting," which uses conveniently located voting terminals provided and controlled by election officials. 17Ballot secrecy refers to protecting the content of the vote. 18Voter privacy refers to protecting the voters' ability to cast votes without being observed. In poll-site voting, voter privacy is generally ensured by election officials and observers. However, we reported that remote Internet voting would not protect voters' physical privacy, leaving them open to the risk that they might be coerced (through threats, bribery, or other forms of pressure). 19Other challenges that affect implementation of Internet voting include the costs of the voting method versus its benefits and the availability of Internet technology to voters. 20H.R. Rep No. 108-767, at 680 (2004) (Conf. Rep.). DOD Initiatives Assist UOCAVA Voters, but Certain Weaknesses May Limit Their Effectiveness Since the 2000 federal election, DOD has established several initiatives as alternatives to the by-mail process to facilitate voter registration and ballot request, receipt of a ballot, and submission of a voted ballot by electronic means--such as fax and e-mail--for UOCAVA voters. These include the Electronic Transmission Service's fax to e-mail and e-mail to fax conversion enhancement (hereafter referred to as the e-mail to fax conversion feature); the 2004 Interim Voting Assistance System (IVAS); the 2006 Integrated Voting Alternative Site (also called IVAS); DOD's online voting assistance guidance; and online forms to register, request, receive, or submit ballots. While these efforts provide valuable guidance, services, and information to UOCAVA voters, some of them had limited participation rates or exhibited weaknesses in security, consistency, and accuracy that might hinder their use and effectiveness. DOD officials have acknowledged these weaknesses and they began taking action to address them during the course of our review. Electronic Transmission Service's E-mail to Fax Conversion Capability Facilitates Transmission of Voting Materials but Does Not Fully Comply with Information Security Requirements The electronic transmission service is a fax forwarding system, established by FVAP in 1990, that allows UOCAVA voters and state and local election officials, where permitted by law, to fax election materials to each other. These voters and election officials can use this service and do not have to pay long distance fees for faxing out of state, because DOD provides the service through a toll-free line. In 2003, after discussions with Mississippi state officials and a Mississippi National Guard unit, FVAP added the e-mail to fax conversion capability to its electronic transmission service. These officials asked FVAP for help in transmitting voting materials because, by state law, Mississippi allowed only faxing as an electronic means of transmission--a capability that the Guard unit would not have while it was deployed to Iraq.21 The e-mail to fax conversion feature allows UOCAVA voters who do not have access to a facsimile machine to send ballot requests, via e-mail, to DOD's Electronic Transmission Service, which converts e-mail attachments to faxes and sends them to local election officials. In return, local election officials can send ballots to the Electronic Transmission Service conversion feature by fax; the conversion feature then converts the fax to an e-mail attachment and sends it to the voter. 21The FVAP reported that some states, by law, allow voting materials to be sent by fax but not by e-mail. FVAP stated that it notifies states and territories whenever it converts an e-mail containing voting materials to a fax, or vice versa, so that the state or territory can decide whether or not to accept it. Table 1 shows Electronic Transmission Service activity for the conversion feature for 2004 and 2006. Table 1: Electronic Transmission Service E-mail to Fax Conversions for 2004 and 2006 Years 2004 2006 E-mails converted to fax--sent from citizens to local election officials Voted ballots 67 53 Federal post card applications and remaining ballot materials 389 190 Subtotal 456 243 E-mails converted to fax--sent from local election officials to citizensa Federal post card applications and remaining ballot materials 153b 182 Subtotal 153b 182 Total 609 425 Source: DOD. aFVAP officials stated that the local election officials who send e-mails to the Electronic Transmission Service conversion feature use it to store ballots that will be sent to UOCAVA voters, through DOD, at some future date. bFVAP noted that for the 2004 elections the Electronic Transmission Service conversion feature received 61 e-mails from local election officials which they converted to 153 faxes to citizens covered under UOCAVA. FVAP explained that this allowed one local election official to send one e-mail with a PDF attachment to the Electronic Transmission Service, which would then get converted to a fax and sent to multiple UOCAVA voters per the local election official's instructions. PDF means Portable Document Format; it is a file format that is used to view electronic copies of paper documents, which allows an exact copy of the paper document. Although FVAP has made progress in assisting servicemembers to transmit voting materials with the e-mail to fax conversion enhancement, FVAP officials told us they have not fully complied with certain information security requirements in the Interim DOD Information Assurance Certification and Accreditation Process.22 This guidance requires DOD components, among other things, to implement controls and to certify and accredit such e-mail systems. 22DOD, Interim Department of Defense (DOD) Certification and Accreditation (C&A) Process Guidance, July 6, 2006. FVAP officials initially stated that the information security guidance did not apply to the conversion feature; they saw it as an enhancement to the original Electronic Transmission Service's fax system. During the course of our review, however, FVAP officials said they consulted with officials responsible for DOD's information assurance certification and accreditation and concluded that the requirements did, in fact, apply. These officials stated that, by the end of fiscal year 2007, they plan to award a contract to obtain services to meet the information security requirements. The FVAP officials further stated that, while they do not have the required documentation--such as risk assessments or certification tests and accreditations--they have taken some measures to ensure security. We note that the statement of work for FVAP's April 29, 2005, contract for the Electronic Transmission Service recognizes the sensitivity of the data associated with election materials and includes provisions for certain security functions, such as ensuring that adequate steps are taken to prevent unauthorized access or manipulation of the data. Until FVAP performs and documents the security assessments and certifications, however, it has not taken all the necessary measures to secure its system and comply with DOD's information security requirements. Federal law includes a number of separate statutes that provide privacy protections for certain information. The major requirements for the protection of personal privacy by federal agencies come from two laws: the Privacy Act of 197423 and the privacy provisions of the E-Government Act of 2002. Section 208 of the E-Government Act of 200224 requires agencies, among other things, to conduct privacy impact assessments before developing, upgrading, or procuring information technology that collects, maintains, or disseminates personally identifiable information. DOD developed departmentwide guidance--the DOD Privacy Impact Assessment Guidance--for implementing the privacy impact assessment requirements mandated in the E-Government Act of 2002. In this guidance, DOD directs the components to adhere to the requirements prescribed by the Office of Management and Budget (OMB)--Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002.25 FVAP officials stated that they had not conducted a privacy impact assessment for the Electronic Transmission Service's e-mail to fax conversion enhancement, but they told us that a privacy impact assessment will be done as part of the previously mentioned contract to meet information security requirements. A privacy impact assessment would identify specific privacy risks to help determine what controls are needed to mitigate those risks associated with the Electronic Transmission Service. Furthermore, building in controls to mitigate risks could ensure that personal information that is transmitted is only used for a specified purpose. FVAP noted that when information is sent by e-mail, the conversion feature retains the following information: full name, fax number, city, state, zip code, and e-mail addresses. FVAP's Electronic Transmission Service retains this personally identifiable information both to provide transmission verification or confirmation to users and to comply with election document retention requirements under the Civil Rights Act of 1960.26 235 U.S.C. S 552a. 24Pub. L. No. 107-347 (2002). DOD's Electronic Ballot Request and Receipt Initiatives Had Limitations in Participation and Security In September 2004, just 2 months prior to the election, DOD voluntarily implemented what it reported as a secure electronic system for voters to request and receive ballots--the Interim Voting Assistance System (IVAS)--as an alternative to the traditional mail process. IVAS was open to active duty servicemembers, their voting age dependents, and DOD overseas personnel who were registered in a state or territory participating in the project27 and enrolled in the Defense Enrollment Eligibility Reporting System--a DOD-managed database that includes over 23 million records pertaining to active duty and reserve military and their family members, retired military, DOD civil service personnel, and DOD contractors. DOD had limited IVAS participation to UOCAVA voters who were affiliated with DOD because their identities could be verified in the Defense Enrollment Eligibility Reporting System. Voters obtained their state or territory ballots through IVAS by logging on to a special Web site and then requesting ballots from their participating local election jurisdictions. After the local election officials approved the requests and the ballots were finalized, IVAS notified voters via e-mail that the ballots were available to download and print. DOD reported that 108 counties in eight states and one territory agreed to participate in this 2004 IVAS; however, only 17 citizens downloaded their ballots from the site during the 2004 election. FVAP officials noted that participation was low, in part because this IVAS was implemented just 2 months before the election. FVAP further reported that many states did not participate--for a variety of reasons, including state legislative restrictions, workload surrounding regular election responsibilities, and lack of Internet access. FVAP officials noted that this system, which was maintained through the conclusion of the election, cost $576,000. 25OMB, Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002, September 26, 2003. (M-03-22). 26Every officer of election must retain and preserve all election records and papers for certain federal elections for a period of 22 months from the date of the election. Civil Rights Act of 1960, S 301, 42 U.S.C. S 1974. 27States and territories participating in the 2004 IVAS included Kansas, Kentucky, Maryland, Mississippi, Montana, New Mexico, South Carolina, the Virgin Islands, and Wisconsin. In September 2006--again, just 2 months before the next general election--FVAP launched a follow-on Integrated Voting Alternative Site, also called IVAS, in response to a June 2006 legislative mandate to reestablish the 2004 IVAS. This 2006 IVAS expanded on the 2004 effort, by providing information on electronic ballot request and receipt options for all UOCAVA citizens in all 55 states and territories. It also provided two tools that registered voters could access through the FVAP Web site, using DOD or military identification, to request or receive ballots from local election officials. As with the 2004 IVAS, local election officials used information in these tools to verify the identity of UOCAVA voters who used them.28 The first tool--called Tool 1--contained a ballot request form only, accessed through DOD's Web site, which voters could fill out and download to their computers. Voters could then send the downloaded form to the local election officials either by regular mail, fax, or unsecured e-mail, per state or territory requirements. FVAP officials reported to Congress that no information on the number of users was available on the use of Tool 1 because the department was no longer involved in the process once the voter downloaded the ballot request and they, essentially, had no visibility into what transpired directly between the voter and the election officials. 28Verification was made by the use of WebGuard, which determines the status of an individual enrolled in the Defense Manpower Data Center's Defense Enrollment Eligibility Reporting System database using that individual's name, Social Security number, and date of birth. Ballot requests saved and downloaded to the voter's computer for voters who used Tool 1 and those requests sent to the election officials using Tool 2 both include text indicating the forms were generated via IVAS. The second tool--called Tool 2--provided a ballot request and receipt capability for voters, similar to the 2004 IVAS, which also allowed voters to fill out ballot request forms online, send them to local election officials through a secure line, and receive their state or territory ballots from the local election officials through a secured server. Again, no voted ballots were transmitted through this IVAS system given that it was not designed for that purpose. Absentee voters, instead, would return voted ballots, outside of IVAS, in accordance with state law. Tool 2 had a tracking feature which showed that 63 voters had requested ballots through the system. Of these, local election officials approved and made their state or territory ballots available to 35 UOCAVA voters. However, of the 35 sent out, local election officials reported that only 8 voted ballots29 were traced back to the IVAS Tool 2, in part because this IVAS was implemented just 2 months before the election. DOD reported that the total cost for the 2006 IVAS was about $1.1 million, and given that the tools were used only to request or receive ballots for the November 2006 elections,30 DOD removed the tools from FVAP's Web site in January 2007. Table 2 compares and provides additional details on the two tools. 29FVAP reported that, since ballot requests could be printed and returned through the mail or by fax instead of the secured server, an accurate reporting could not be obtained through Tool 2. FVAP also reported that ballot requests submitted using Tool 1 could not be tracked and reported because voters sent the requests directly to local election officials using their personal e-mail accounts, mail, or fax. 30Congress directed DOD, in June 2006, to reestablish the 2004 IVAS program. Congress also directed, in October 2006, that DOD continue IVAS for the general election and all elections through December 31, 2006. Table 2: Comparison of Integrated Voting Alternative Site Tools 1 and 2 for Election Year 2006 Tool 1 Tool 2 Developer/ Defense Manpower Data Center Merlin International, contractor Incorporated's PostX User(s) o Uniformed servicemembers o Uniformed o Servicemembers' dependents servicemembers o Overseas DOD employees and o Servicemembers' contractors dependents o Overseas DOD employees and contractors o Local election officials Tracking o System is not able to track o System is able to ballot request forms sent to track ballot request local election officials because forms sent to local users submitted their Federal election officials; Post Card Applications directly local election to local election officials using officials reported their personal e-mail accounts. that they received 8 o System can provide only how voted ballots.a many times it was accessed. o PostX reported 63 ballot requests were submitted to the system; 35 were approved--29 out of 35 blank ballots were viewed by voters on the system. Step-by-step o Registered voters use a unique o Registered voters process DOD identifier or credential to use unique DOD log in to the IVAS tool. identifier or o Voters complete the automated credential to log in Federal Post Card Applications, to the IVAS tool. without their signature, to o Voters complete the request a ballot. automated Federal o Voters save the Federal Post Post Card Card Applications to their Applications, without computers as PDF files. their signature, to o Voters e-mail the Federal Post request a ballot. Card Applications over an o Voters save the unsecured Internet line to local Federal Post Card election officials; voters may Applications to the also fax or mail the Federal Post secure server and the Card Applications to local system sends a election officials--depending on notification to the state or territory procedures. local election officials of completed ballot requests. o Local election officials receive automated e-mails with notification of new ballot requests and log onto the secure server to access the Federal Post Card Applications. o Local election officials approve applications and upload blank ballots onto the secure server. o Voters log onto the secure server and fill out ballots. o Voters print completed ballots. o Voters submit voted ballot directly to local election officials, in accordance with state law. o Local election officials confirm voted ballot receipts. o Voters log on to check confirmation of voted ballot receipts. Source: DOD information. aFVAP reported that, since ballot requests could be printed and returned through the mail or by fax instead of the secured server, an accurate reporting could not be obtained through Tool 2. FVAP also reported that ballot requests submitted using Tool 1 could not be tracked and reported because voters sent the requests directly to local election officials using their personal e-mail accounts, mail, or fax. Officials within Congress, and others, have expressed concerns that voters could be exposed to a heightened risk of identity theft if they used Tool 1 to send voting materials that contain personally identifiable information (including Social Security number, date of birth, and address), by unsecured e-mail. FVAP officials acknowledged in their December 2006 report to Congress31 that Tool 1 was less secure, but said (1) DOD was providing access to a capability that states already provide,32 (2) most states and territories only required the last four digits of the Social Security number on the ballot requests,33 and (3) Tool 1 displayed a cautionary statement that voters had to read to go on with the request process; this cautionary statement explained the risk associated with e-mailing ballot requests and that the government assumed no liability if voters did so. While we confirmed a cautionary statement related to the transmission of personal data did exist for Tool 1, it did not advise voters, after submitting their ballot request, to remove voting materials that they have stored on their computers. For example, voters using Internet cafes overseas could have been subject to identity theft if they did not delete their personal information from the computer and a subsequent user gained access to the stored file. FVAP officials acknowledged that users were not advised of the risks of storing personal voting information on their computers, and these officials stated that they will incorporate lessons learned, such as adding a cautionary statement in any future ballot request system. Online Voting Guidance Is Useful but Some Inconsistencies Exist in the Links In addition to these initiatives, DOD also has established the FVAP Web site,34 which contains information on FVAP programs and links to assist UOCAVA voters in the voting process. Specifically, these links access FVAP's online guidance, including several versions of FVAP's biennial Voting Assistance Guide, shown in figure 2. 31DOD, Report on IVAS 2006, As Required by Section 596 of the National Defense Authorization Act for Fiscal Year 2007, December 2006. 32FVAP reported that states and territories allowing e-mail of the ballot request include Alaska, Colorado, Illinois, Indiana, Iowa (2006 only), Minnesota, Mississippi, Montana, North Carolina, North Dakota, Oregon, Puerto Rico, South Dakota, Virginia, Washington, and Wisconsin. 33As reported by FVAP, 7 states require the full Social Security number, 41 require the last 4 digits or driver's license, and 7 do not require the Social Security number. 34DOD established this Web site in 1995. Figure 2: DOD's 2006-2007 Voting Assistance Guide This guide tells the UOCAVA voter how to register, request a ballot, receive a ballot, and vote the ballot electronically--including by e-mail or fax--where state or territory law allows this. One link on FVAP's Web site had a full-text version of the guide, so that a Voting Action Officer35 or other user could download and print the entire guide and use it to provide assistance to absentee voters from various states and jurisdictions. Another link goes to a Web page containing "State-by-State Instructions," where two additional links--one a PDF guide, the other an HTML version36--are provided for each state or territory. This allows voters to read or print off only their own state's or territory's instructions and to have a choice of formats.37 Another link goes to the Integrated Voting Alternative Site--this site provides information for the 55 states and territories regarding the electronic ballot request and receipt options available to UOCAVA voters. FVAP's Web site also has another link to News Releases, which contains updates on changes to the guidance, including changes to state laws that affect UOCAVA voters. Finally, a link goes to FVAP's Voting Assistance Guide Errata Sheets--this contains changes that have been made to the archived Voting Assistance Guide since its last printing. 35Service Voting Action Officers, for example, are responsible for voting assistance operations within their service. 36PDF means Portable Document Format; it is a file that is used to view electronic copies of paper documents, which allow an exact copy of the paper document. HTML means Hypertext Markup Language and is used to structure and format documents to be displayed on the World Wide Web. Our review of the FVAP Web site, however, revealed inconsistencies in some of the information about electronic transmission options that the voters could access through different links on the site. Our analysis specifically showed that, while not widespread, for 14 of the 55 states or territories, some of the guidance regarding requirements for electronic transmission was inconsistent and could be misleading, as the following examples illustrate: o For the state of California, we found that three of the FVAP links correctly stated that only overseas military and overseas civilian voters were eligible to receive or return a ballot by fax; a fourth link, however, did not include this restriction. As a result, military personnel stationed in the United States, but away from their state of residence, might conclude--incorrectly--that they were eligible to vote by fax. FVAP officials acknowledged this discrepancy and updated the information reached from the fourth link on January 25, 2007, to reflect the fact that uniformed servicemembers must be residing or deployed overseas to be able to receive and send ballots by fax. o For the state of Colorado, we identified a news release that was issued on October 18, 2006, announcing a new initiative to allow uniformed servicemembers deployed outside the United States to request, receive, and return absentee ballots via e-mail. One other FVAP link reflected this change; however, four other links did not capture this change. FVAP officials acknowledged this discrepancy, updated two of the links, and issued an errata sheet on January 22, 2007. FVAP officials did not update the third link--the 2006-2007 Voting Assistance Guide accessed through the publications link on their Web site--stating that it was considered an archive document and was not intended for update. However, DOD did not clearly identify this link as an archived document; as a result, this link could mislead voters who relied on it. FVAP officials later acknowledged that the archived version of the 2006-2007 Voting Assistance Guide could have been labeled better, and eventually deleted this version from their Web site. 37The Executive Branch's "Access Board," which consists of cabinet-level officials from twelve federal agencies, among others, developed standards to implement section 508 of the Rehabilitation Act, which required federal agencies to have electronic information that is accessible to people with disabilities on government Web sites. FVAP stated that they provide access to an HTML version of their Voting Assistance Guide on their Web site to comply with this act. They also provide a PDF format of the Voting Assistance Guide for UOCAVA voters. Appendix II provides details on the inconsistencies we found on FVAP's Web sites for 14 states and identifies the links, along with DOD's responses regarding each. Under internal control guidance, organizations are to apply policies and procedures consistently.38 As noted previously, while the inconsistencies were not widespread, the fact that inconsistencies exist at all could lead UOCAVA voters-- especially busy voters residing or deployed in remote locations--to rely on incorrect information and therefore adversely affect their ability to vote. Agency officials acknowledged these discrepancies and addressed them during the course of our review. Online Voting Forms In addition, FVAP administers two online forms, (1) the Federal Post Card Application, which allows absentee voters to register to vote or request ballots; and (2) the Federal Write-in Absentee Ballot, which allows absentee voters to vote even if they have not yet received the absentee ballot they requested from their state or territory. The Federal Post Card Application has been online since 1999, in PDF format, and is postage-free within the U.S. mail system when appropriate markings, provided on FVAP's web site, are used. The online Federal Post Card Application allows voters to download a PDF version to their computers to complete, e-mail, print, sign, and send to their local election official via mail. Some state and local election officials we spoke with indicated that the online version of the Federal Post Card Application has many benefits because it is easy to fill out and read, and it provides sufficient space for the voter to write in. 38GAO, Assessing Internal Controls in Performance Audits, [30]GAO/OP-4.1.4 (Washington, D.C.: September 1990) and Standards for Internal Control in the Federal Government (Exposure Draft), GAO/AIMD-98-21 .3.1 (Washington, D.C.: December 1997). A UOCAVA voter can also use the Federal Write-in Absentee Ballot as a backup ballot when the state or territory has not sent a regular absentee ballot in time for the voter to participate in the election. On October 21, 2004, just a few weeks before the national election, FVAP issued a news release announcing the electronic version of the ballot as an emergency ballot. The Ronald W. Reagan NDAA for Fiscal Year 2005 amended the eligibility criteria in UOCAVA39 to allow states and territories to accept the Federal Write-in Absentee Ballot under a broader range of circumstances. Prior to the change, a UOCAVA citizen had to be outside of the United States, have applied for a regular absentee ballot early enough to meet state election deadlines, and not have received it from the state. Under the new criteria, the Federal Write-in Absentee Ballot can be used by military servicemembers and their dependents stationed in the United States, as well as by military personnel, their dependents, and citizens living overseas. Absence of Internet Absentee Voting Guidelines Has Hindered Development of the Mandated Internet-Based Absentee Voting Demonstration Project The Election Assistance Commission has not yet developed the Internet absentee voting guidelines, and because it is required by law to develop them for DOD's use in the secure, Internet-based, absentee voting demonstration project, DOD has not moved ahead with the project. Commission officials told us that they have not yet developed the required Internet absentee voting guidelines because the Commission has been working on other priorities--including standards for electronic voting machines, challenges associated with these electronic voting machines, and a process for certification and accreditation--and it lacks the resources to work on the Internet absentee voting guidelines or the mandated study of the issues and challenges for Internet technology at the same time. Although the Internet voting study is now underway, the Commission has said that it will not be completed until September 2007 and thus does not have the results it needs to establish time frames or a plan for developing the guidelines. Regarding the demonstration project, DOD officials stated that they had not taken action to develop this project because the Ronald W. Reagan NDAA for Fiscal Year 2005 requires the Commission to develop the guidelines first. DOD officials stated that, in an effort to assist the Commission in developing the Internet absentee voting guidelines, they have provided information on prior Internet voting efforts, along with challenges associated with these Internet voting efforts and views on how to mitigate those challenges. 39Pub. L. No. 108-375 S 566(c) (2004). The Commission Has Not Developed Internet Absentee Voting Guidelines because of Other Priorities, Constraints on Resources, and Lack of DOD Information Commission officials stated that they have not developed Internet absentee voting guidelines because the Commission and the organizations that would normally provide assistance to it are directing their constrained resources to other priorities. This includes addressing challenges associated with electronic voting machines and establishing a process for certification and accreditation. Additionally, the Help America Vote Act of 2002 requires the Commission's Technical Guidelines Development Committee to assist the Executive Director of the Commission in developing voluntary voting system guidelines.40 The act also requires the Director of the National Institute of Standards and Technology to provide the Development Committee with technical support in developing those guidelines, including research and development related to computer and network security, voter privacy, remote access voting (including voting through the Internet), and voting fraud. Commission officials told us, however, that the Development Committee has not been able to work on Internet absentee voting guidelines for UOCAVA voters because it had other priorities and constraints on its resources.41 In light of the Development Committee's low priority for working on the Internet absentee voting guidelines, officials from the Commission asked officials from the National Institute of Standards and Technology to assist with developing the guidelines. However, officials from the National Institute of Standards and Technology said that they could not provide support because they also lacked sufficient resources at the time. Commission officials told us that, at the time of our review, the National Institute of Standards and Technology was also using its resources to work with the Development Committee on the current voluntary voting guidelines and would not have sufficient resources to work on Internet absentee voting guidelines until after July 2007. Additionally, Commission officials stated that they were waiting for DOD to provide information that describes the type of system around which the guidelines should be developed. DOD officials, however, stated that they gave the Commission reports that provided the framework for the Internet-based absentee voting system they envisioned. Specifically, these DOD officials told us that they provided the Commission, in 2004, with a report on their 2000 proof of concept for Internet-based voting called "Voting Over the Internet,"42 and in March 2006, they provided the Commission with an internal DOD document assessing the terminated SERVE project. DOD and Commission officials told us that they had not communicated in depth on the guidelines and the DOD system before our review. 40These guidelines provide a set of specifications and requirements to be used in the certification of computer-assisted voting systems, both paper-based and fully electronic, and are voluntary--that is, states are free to adopt them in whole or in part or to reject them entirely. 41For example, Commission officials told us that the Development Committee is working on updates to the Voluntary Voting System Guidelines that were established in 2005. These guidelines will become effective December 2007. The guidelines focus primarily on electronic voting machines and ballot counters, but not on Internet voting systems for UOCAVA voters. The Election Assistance Commission Has Started a Study as a Precursor to the Internet Absentee Voting Guidelines To gain a better understanding of the Internet voting environment, in September 2006, the Commission started an Internet voting study as a precursor to developing the Internet absentee voting guidelines. The Help America Vote Act of 2002 required the Commission to conduct this study to determine the issues and challenges presented by incorporating communications and Internet technology into elections, including the potential for election fraud, and to issue a report no later than June 29, 2004. However, the Commission did not meet this reporting date. Commission officials told us that they were unable to complete the study sooner--or even begin it--because of the resource constraints they have worked under since the Commission's inception, and because they were working on other priorities. They noted, for example, that under the act, the Commission was to be established by February 26, 2003, but the Commissioners were not appointed until almost a year later, in December, 2003. They also told us that, although 23 employees were allocated to the Commission, they had to build up staff gradually, starting in January 2004, by hiring two employees each month. Accordingly, Commission officials testified in June 200443 that, as a result of these constraints, the Commission was able to meet only some of its mandates, such as developing the 2005 Voluntary Voting System Guidelines. As a result, the Commission was not able to conduct the Internet voting study in a timely manner. 42Department of Defense, Federal Voting Assistance Program: Voting Over the Internet, June 2001. 43Statement of U.S. Election Assistance Commission before the U.S. House Of Representatives, Committee on House Administration, dated June 17, 2004. Commission officials stated that the Internet voting study, which was underway during the course of our review, includes several case studies to monitor current Internet voting usage and electronic transmission of ballots. The four states participating in this part of the study are Florida, Montana, South Carolina, and Illinois. The study also includes (1) a survey of UOCAVA voters to collect information on their level of interest in electronic voting and (2) a conference to gather states' experiences on topics such as Internet voting, electronic transmission of ballots, security risks for voting systems, and verification of voters' identities. Commission officials told us that they plan to issue a final report on the Internet voting study in September 2007. The Commission Does Not Have a Plan for Assessing Security Issues and Developing Internet Absentee Voting Guidelines The Ronald W. Reagan NDAA for Fiscal Year 2005 did not establish a deadline by which the Commission was to complete the Internet absentee voting guidelines, and the Commission has not set time frames for itself, primarily because it has been working on guidelines for current voting systems. Additionally, as stated previously, the Commission has not completed the precursor Internet voting study to identify critical issues and challenges such as those related to security and privacy. Also, it has not established a plan, in conjunction with major stakeholders like DOD, to develop appropriate guidelines for Internet voting with specific tasks that would address security risks such as those identified in its study and other security evaluations and reports, as well as time frames and milestones. In previous reports, we have noted that leading organizations develop long-term results-oriented plans that involve all stakeholders and identify specific tasks, milestones, time frames, and contingency plans;44 this practice is also embodied in the underlying principles of the Government Performance and Results Act of 1993.45 Similarly, without a plan for the UOCAVA Internet absentee voting guidelines--including specific tasks, time frames, milestones, necessary resources, and alternatives--the Commission cannot inform Congress, FVAP, and local election officials when it will meet the mandate to develop the required guidelines. As we previously noted, some technologies may not yet be mature enough to support Internet voting. Therefore, the plan for developing Internet absentee voting guidelines may require an incremental approach that reflects emerging solutions to security and privacy challenges, as well as changing views on acceptable levels of risk and cost. 44GAO, Executive Guide: Effectively Implementing the Government Performance and Results Act, GAO-GGD-96-118 (Washington, D.C.: June 1996) and Military Readiness: Navy's Fleet Response Plan Would Benefit from a Comprehensive Management Approach and Rigorous Testing, [31]GAO-06-84 (Washington, D.C.: Nov. 22, 2005). 45Pub. L. No. 103-62 (1993). DOD Has Not Developed a Secure, Internet-based, Absentee Voting Demonstration Project Similarly, DOD has not developed a secure, Internet-based absentee voting demonstration project, as Congress mandated in the Ronald W. Reagan NDAA for Fiscal Year 2005. DOD reported that the principal objective of the Internet-based electronic demonstration project was to assess the use of such technologies to improve UOCAVA participation in elections. The department planned to conduct the project during the first general election for federal office after the Commission has established Internet voting guidelines for the project. However, DOD has not moved forward with the electronic demonstration project because, by law, the Commission must first develop the Internet absentee voting guidelines. DOD officials stated, as mentioned previously, that they provided information to assist the Commission in developing the guidelines, and Commission officials acknowledged that DOD had provided them with a report on "Voting Over the Internet," DOD's assessment of its November 2000 Internet-based voting project, in 2004--the first year of the Commission's operation. DOD also provided the Commission with an internal document that contained information on its SERVE project. However, Commission officials told us that they did not receive the SERVE document until June 2006. This document discussed challenges DOD identified with Internet voting, which included security threats such as computer viruses, malicious insider attacks, and inadvertent errors that could disrupt system performance. In 2001, we also identified several challenges to Internet voting, such as privacy and security.46 As previously mentioned, we reported that broad application of Internet voting faced formidable challenges, including the difficulty of providing adequate voter privacy--that is, protecting the voter's ability to cast a ballot without being observed. We further reported that, although not unanimous on all issues, groups considering the pros and cons of Internet voting were in consensus in identifying security as the primary technical challenge for Internet voting. We also reported that, because of the security risks involved, Internet voting would not likely be implemented on a large scale in the near future. Moreover, DOD officials told us that even if the Commission had developed Internet voting guidelines at the time of our review, DOD would not have been able to develop a secure, Internet-based, electronic demonstration project in time for the 2008 presidential election. DOD officials said that--depending on the Internet voting guidelines provided by the Commission--the final system design, full development, testing and deployment phases would take an estimated 24 to 60 months. Furthermore, deployment of any system requires participation of the military services, which have many additional, competing priorities that may cause delays in deployment. Given that less than 17 months remain before the November 2008 election, FVAP officials said there is insufficient time to advertise and launch the Internet-based electronic demonstration project. 46 [32]GAO-01-1026 ; [33]GAO-02-3 . DOD Was Developing Plans to Expand the Use of Electronic Voting Technology in the Future, but Sound Management Practices Are Key We observed that DOD was developing, but had not yet completed, plans to expand the use of electronic voting technology for UOCAVA voters use in federal elections through November 2010, as required by the John Warner NDAA for Fiscal Year 2007. DOD officials told us that they anticipated providing the plans to Congress, in accordance with the act, by May 15, 2007. Because electronic voting initiatives for the absentee voting process (fax, e-mail, and Internet) involve numerous stakeholders at the federal level--including DOD and the Commission--as well as the various state and local levels, developing a plan is key. Implementation of new electronic voting initiatives requires careful planning, particularly in light of the remote location of troops, the application of new technology, and the lead time required for implementation. As DOD develops these plans, employing a comprehensive strategic approach that incorporates sound management principles could provide a framework for DOD's plans. Our analyses of DOD and Commission documents and our interviews--including those with officials from these agencies, organizations representing UOCAVA voters, and state and local election officials--show that DOD did not obtain sufficient stakeholder involvement in planning its recent electronic voting initiatives--the 2004 and 2006 IVAS initiatives. In fact, Commission officials mentioned that DOD's recent initiatives took a "top down" approach and did not seek input from the Commission or from local jurisdictions during the planning stage. DOD officials noted that both the 2004 and 2006 IVAS initiatives were planned, designed, advertised, and implemented just months before those two elections. In the case of the 2006 IVAS, however, the department reported that it developed the system within 79 days of passage of the mandate--June 2006--and noted that it was in fact responsive to that mandate. The Commission and state and local election officials noted that the aggressive schedules for these latest electronic initiatives did not allow sufficient time to enable full participation, training, and dissemination of information on the efforts. Additionally, at the time of our review, DOD officials said they had not yet established interim tasks that address issues such as security and privacy, milestones, time frames, and contingency plans. The principles of sound management used by leading organizations and embodied in the Government Performance and Results Act of 199347 provide a methodology to establish a results-oriented framework for DOD to develop its detailed plans. Such a framework would provide a firm foundation for DOD's long-term plan for electronic voting initiatives. Some of the key management principles include (1) involving stakeholders when defining the mission and outcomes, (2) identifying specific actions and tasks, such as monitoring and assessing security of the initiatives, (3) developing schedules and time frames for tasks, and (4) evaluating the overall effort, with specific processes to allow for adjustments and changes. Furthermore, as we reported in one of our executive guides, leading organizations plan for a continuous cycle of risk management. This includes determining needs, assessing security risks, implementing policies and controls, promoting awareness, and monitoring and evaluating controls.48 Combined with effective leadership, these principles provide decision makers with a framework to guide program efforts and the means to determine if these efforts are achieving the desired results. In its December 2006 report to Congress on IVAS,49 DOD stated the following: o Development of a long-term strategic plan was necessary to ensure that all related initiatives were effectively integrated, but this was dependent on having sufficient time to assess, improve, and evaluate new or evolving electronic alternatives. o Major recommendations for its future electronic voting projects would include, for example, o recognizing the variation in state and local laws, procedures, and systems; o identifying and mitigating actual and perceived risks, by educating people about risk management practices; and o building consensus among key stakeholders. 47Pub. L. No. 103-62 (1993). [34]GAO/GGD-96-118 . 48GAO, Executive Guide: Information Security Management, Learning From Leading Organizations, [35]GAO/AIMD-98-68 (Washington, D.C.: May 1998). 49DOD, Report on IVAS 2006. As stated previously, Commission officials told us that, for recent initiatives, DOD did not seek input from the Commission or local jurisdictions during the planning stage of these efforts. Without a proactive, integrated, long-term, results-oriented plan that involves all major stakeholders; includes goals, interim tasks--such as identifying security risks and addressing privacy concerns--milestones, time frames, and contingency plans; and follows the sound management practices used by leading organizations, DOD is not in a position to address congressional expectations to establish secure and private electronic and Internet-based voting initiatives. Conclusions It is imperative that the 6 million Americans who are covered under the Uniformed and Overseas Citizens Absentee Voting Act have the opportunity to exercise their right to vote--one of the hallmarks of a democratic society. The fact that time is an issue with absentee voting by regular mail has led many to look toward electronic and Internet voting, which represent the next generation of voting technology, as alternatives. While these alternatives may expedite the absentee voting process, they are more vulnerable to privacy and security compromises than the conventional methods now in use. Electronic and Internet voting require safeguards to limit such vulnerabilities and prevent compromises to votes from intentional actions or inadvertent errors. However, available safeguards may not adequately reduce the risks of compromise. To date, the Election Assistance Commission has not assessed the risks or possible safeguards for Internet voting, nor has it developed corresponding guidelines that define minimum Internet voting capabilities and safeguards to be considered by the election community. Furthermore, electronic and Internet-based absentee voting can be challenging for UOCAVA voters, who reside at multiple locations across the globe. These voters are also registered to vote in thousands of local jurisdictions across 55 states and territories that employ varying levels of technology--from paper ballots to faxes and e-mail. DOD faces significant challenges in leveraging electronic and Internet technology to facilitate this complex, global absentee voting process. Delays in developing guidelines and a demonstration project have resulted in two presidential elections passing without significant progress in moving toward expanded use of electronic and Internet absentee voting. DOD officials told us it is now too late in the cycle to implement significant changes before the 2008 election. The challenges of coordinating among numerous stakeholders--including DOD, the Commission, and state and local election officials, as well as organizations representing UOCAVA voters--are substantial, and, to date, efforts to involve stakeholders in the planning stage of DOD's recent initiatives have fallen short. This delay has left an expectation gap between what Congress required and what has been accomplished so far. Several steps would have to be taken to overcome these challenges, including better coordination between the Commission and DOD regarding their complementary roles in developing Internet voting guidelines and the mandated demonstration project. Unless the Commission and DOD move in a timely manner to assess the technology risks, develop guidelines that address the risks, coordinate among election stakeholders, and establish and execute prudent plans, they are unlikely to meet the expectations of Congress and military and overseas voters to establish a secure and private electronic and Internet-based UOCAVA voting environment. Recommendations for DOD To improve the security and accuracy of DOD's electronic and Internet initiatives, we recommend that the Secretary of Defense direct the Under Secretary of Defense for Personnel and Readiness to take the following four actions: o Comply with the information security requirements in the DOD Certification and Accreditation Process guidance. o Incorporate lessons learned into plans for future systems such as those we identified, including adding cautionary statements to future ballot request and receipt systems to warn UOCAVA voters to remove personal data from their computers. o Institutionalize a process to review online UOCAVA guidance to ensure that DOD provides accurate and consistent information to UOCAVA voters. o Create an integrated, comprehensive, long-term, results-oriented plan for future electronic voting programs that specifies, among other things, the goals to be achieved along with tasks including identifying safeguards for the security and privacy of all DOD's voting systems--both electronic and Internet. The plan should also specify milestones, time frames, and contingencies; synchronize them with planned development of the Commission's guidelines for Internet voting; and be developed in conjunction with major stakeholders--including state and local election officials, the Election Assistance Commission, overseas voting groups, and each of the armed services. The plan should also include initiatives that will be done well in advance of federal elections, to allow adequate time for training and dissemination of information on the options available to UOCAVA voters. Recommendations for the Election Assistance Commission To improve the Election Assistance Commission's efforts to comply with the direction from Congress to develop the Internet absentee voting guidelines, we recommend that the Commission take the following two actions: o Determine, in conjunction with major stakeholders like DOD, whether the Commission's 2007 Internet voting study and any other Commission efforts related to Internet or electronic voting are applicable to DOD's plans for Internet-based voting, and incorporate them where appropriate. o Develop and execute, in conjunction with major stakeholders--including state and local election officials and DOD--a results-oriented action plan that specifies, among other things, goals, tasks, milestones, time frames, and contingencies that appropriately address the risks found in the UOCAVA voting environment--especially risks related to security and privacy. Agency Comments and Our Evaluation In written comments on a draft of this report, DOD concurred with our recommendations to (1) comply with the information security requirements, (2) incorporate lessons learned into plans for future systems--to include adding cautionary statements to warn UOCAVA voters to remove personal data from their computers, (3) institutionalize a process to review online UOCAVA guidance, and (4) create a comprehensive, results-oriented, long-term plan for future electronic voting initiatives. The department said that it will contract for services to comply with the information security requirements and will incorporate identified lessons learned into future registration, ballot request, and ballot receipt systems. The department said that it has already streamlined its online guidance by, among other things, eliminating the archived "Publications" version of the Voting Assistance Guide entirely; it will also establish a revised review process for online information. DOD noted that these changes will reduce the possibility of human error and simplify the review and verification process of online information. Finally, DOD stated that it was in full support of a long-term, comprehensive plan for future electronic voting projects that would allow for sufficient time to involve the major stakeholders, train, and disseminate information and ultimately serve UOCAVA voters. The department said it looked forward to working on this multiyear project plan in cooperation with the Election Assistance Commission, the National Institute of Standards and Technology, and other major stakeholders. It further stated that FVAP, the Commission, and the National Institute of Standards and Technology are scheduling a meeting to lay the groundwork for the plan. DOD's comments are reprinted in appendix III. DOD also provided technical comments, which we incorporated in the final report, as appropriate. In its written comments, the Election Assistance Commission concurred with our recommendations to (1) determine the applicability of the Commission's 2007 Internet voting study and other Commission studies to DOD's plans for Internet-based voting, and (2) develop and execute a results-oriented action plan to provide guidelines that appropriately address the risks found in the UOCAVA voting environment. The Commission stated that it has already met with FVAP and the National Institute of Standards and Technology and agreed to develop a time line for creating the UOCAVA guidelines. The Commission's comments are reprinted in appendix IV. We are sending copies of this report to the Secretary of Defense and the Under Secretary of Defense (Personnel and Readiness) and the Commissioners of the Election Assistance Commission. We will also make copies available to others upon request. In addition, the report will be available at no charge on the GAO Web site at http://www.gao.gov . Should you or your staff have any questions about this report, please contact me at (202) 512-5559. Contact points for our Offices of Congressional Relations and Public Affairs may be found on the last page of this report. Key contributors to this report are listed in appendix V. Derek Stewart Director, Defense Capabilities and Management Appendix I: Scope and Methodology To assess DOD's electronic initiatives, we reviewed and analyzed relevant laws, directives, and guidance. These included DOD Directive 1000.4, Federal Voting Assistance Program (FVAP), updated April 14, 2004; and DOD's Interim Department of Defense (DOD) Certification and Accreditation (C&A) Process Guidance, dated July 6, 2006. We also reviewed applicable requirements documents for DOD's electronic efforts, as well as relevant reports by GAO, DOD, FVAP, the DOD Inspector General, and others, including A Security Analysis of the Secure Electronic Registration and Voting Experiment (SERVE), dated January 21, 2004. In addition, we reviewed FVAP's 2006-2007 Voting Assistance Guide and its Web site to ascertain what type of information on electronic voting alternatives is provided to UOCAVA citizens. We interviewed key program officials at the Office of the Under Secretary of Defense for Personnel and Readiness's Federal Voting Assistance Program (FVAP), the Business Transformation Agency, the Defense Manpower Data Center, and Voting Action Officers from several service headquarters. We also contacted officials from (1) election organizations, including the National Association of Secretaries of State and Joint Election Officials Liaison Committee and (2) organizations representing UOCAVA voters, including those from the National Defense Committee and the Overseas Vote Foundation. We made contact with officials from 14 of the 16 state and local election offices we called to obtain their perspectives on DOD's initiatives. Specifically, we included all 11 states that had participated in DOD's 2006 Integrated Voting Alternative Site--some of which participated in SERVE and other DOD programs and initiatives. We also included three other states that had 10 or more military bases and had participated in SERVE though not in IVAS. Table 3 lists the states we contacted and the programs in which these states participated. Table 3: State Offices Contacted and Programs Where the States Were Participants States SERVE IVAS Tool 1 IVAS Tool 2 contacted participantsa participantsa participantsa 1 Arkansas Yes Yes No 2 Florida Yes No No 3 Hawaii Yes No No 4 Illinois No Yes No 5 Indiana No No Yes 6 Kentucky No No Yes 7 Mississippi No Yes No 8 Montana No No Yes 9 North Carolina Yes Yes No 10 Puerto Rico No Yes No 11 South Carolina Yes No No 12 Vermont No Yes No 13 Virgin Islands No Yes No 14 Washington Yes Yes No Totals 14 states 6 SERVE states 8 IVAS Tool 1 states 3 IVAS Tool 2 contacted contacted contacted states contacted Source: GAO analysis of DOD data. aWhile a number of jurisdictions were included under each of the DOD programs listed, we spoke to at least one election official from each state. To determine the Commission's efforts to develop Internet voting guidelines and DOD's efforts to develop the secure, Internet-based, absentee voting demonstration project, we reviewed and analyzed relevant laws, Commission reports, and to the extent they existed, the Commission's strategic plan and other documents to ascertain its plans and efforts to develop Internet voting guidelines for UOCAVA voters. We also reviewed and analyzed various DOD requirements documents, GAO reports, internal DOD reports, and other reports related to DOD's prior Internet-based absentee voting initiatives--Voting Over the Internet and SERVE--to ascertain, among other things, challenges and benefits associated with Internet voting efforts. Additionally, we interviewed key program officials within FVAP, including the Director and Deputy Director of FVAP and the Project Manager for SERVE, who is currently retired, along with officials on DOD's private sector Security Peer Review Group. We also spoke with officials on the Commission's Technical Guidelines Development Committee and with the National Institute of Standards and Technology. To ascertain DOD's efforts to develop plans to expand the use of electronic voting technologies in the future, we reviewed and analyzed laws, guidance, and reports to determine DOD's current and future plans for the Internet-based absentee voting demonstration project. Additionally, we examined, to the extent they existed, DOD's strategic plan and other documentation to determine its current and future plans for the Internet-based absentee voting demonstration project. We also interviewed responsible officials within DOD about these plans--including the Principal Deputy Under Secretary of Defense for Personnel and Readiness and the Director and Deputy Director of FVAP. We conducted our work from August 2006 through April 2007 in accordance with generally accepted government auditing standards. Appendix II: Examples of the Inconsistent Voting Assistance Guidance on DOD's Web Site During the course of our review, we compared and analyzed the voting assistance guidance provided on DOD's Federal Voting Assistance Program (FVAP) Web site that covered electronic alternatives to mail. The online links we reviewed included FVAP's: (1) 2006-2007 Voting Assistance Guide (VAG)--a PDF version;1 (2) 2006-2007 VAG--an HTML version; 2 (3) the archived 2006-2007 VAG--a PDF version dated October 25, 2005;3 (4) changes to the archived 2006-2007 VAG--called Errata Sheets; (5) News Releases; and (6) the 2006 Integrated Voting Alternative Site (IVAS). While not widespread, for 14 of the 55 states and territories, we found differences in some of the guidance provided on these links.4 Table 4 shows the differences we identified. Table 4: Inconsistencies Identified in Guidance on Electronic Alternatives to Mail Differences GAO State identified Questions FVAP response observation 1 California Both PDF Could an IVAS page was Correction to versions and the absentee incorrect and IVAS has been HTML Voting ballot sent by was updated verified. Assistance fax by on1/25/07. The Guides state military instruction that only personnel should have overseas within the specified that military and United States Uniformed overseas be rejected if Servicemembers citizens may a voter must be receive and send covered under overseas to the ballot by the Uniformed receive and fax. and Overseas send the Citizens ballot by fax. IVAS instruction Absentee By law, an does not Voting Act absentee restrict who can relied solely ballot faxed receive or send on IVAS for from within the ballot by voting the United fax. guidance? States should be rejected. 2 Colorado The News Release Would overseas The Voting Corrections to for Colorado on uniformed Assistance PDF, HTML, and October 18, voters know of Guide, PDF, errata sheet 2006, and IVAS the e-mail HTML, and have been "allow Uniformed options if errata sheet verified. Servicemembers they relied on have been deployed outside the Voting updated to FVAP stated the U.S. to Assistance reflect the that the request, Guide for change. Web "Publications" receive, and voting site changes version of the return absentee guidance? to the Voting Voting ballots via Assistance Assistance e-mail." Guide were Guide in PDF made January format was the This is not 22, 2007. original book reflected in the version of the two PDF versions Guide in or HTML Voting electronic Assistance form. Since it Guides, nor was was considered an errata sheet an archived created. document, FVAP officials stated that it was not intended for update; but, acknowledged that this version could have been marked better as an archived document. These officials have since deleted this version of the Guide from their Web site. 3 Illinois FVAP issued an Would The fax and Corrections to errata sheet for uniformed e-mail IVAS and HTML Illinois on voters be provisions on have been September 29, aware of the the errata verified. 2006, and all fax and e-mail sheet and the changes except provisions if Voting FVAP officials one are they relied on Assistance acknowledged reflected in the IVAS, HTML Guide PDF are that the HTML and PDF Voting correct as "Publications" "Publications" Assistance accepted by version of the versions of the Guide, or the State of Voting Voting "publications" Illinois. The Assistance Assistance Guide PDF version? IVAS page and Guide could and IVAS did not the Voting have been mention the Assistance marked better change. Guide HTML as an archived were missing document, and Specifically, the have since the change that information deleted this is not captured about the City version of the is in Item IIE of Chicago and Guide from (Uniformed Suburban Cook their Web Services): County site. allowing "The receipt of the Publications" blank ballot PDF and HTML by fax or Voting e-mail. The Assistance information Guides say was added on Illinois does both the IVAS not allow and the HTML receipt of blank on January 26, ballots by fax 2007. or e-mail and IVAS does not See note below address this on issue. "Publications" version of the Voting Assistance Guide.a 4 North FVAP issued a Would voters Voting Corrections to Carolina News Release and covered under Assistance PDF and HTML updated IVAS on the Uniformed Guide pages Voting October 20, and Overseas updated to Assistance 2006, stating Citizens reflect Guide and that North Absentee information errata sheet Carolina now Voting Act contained in have been allows all know of the News Release verified. citizens covered fax or e-mail on January 29, under the options if 2007. FVAP officials Uniformed and they relied on acknowledged Overseas the Voting See note below that Citizens Assistance on "Publications" Absentee Voting Guide "Publications" version of the Act to, among publications? version of the Voting other things, Voting Assistance receive blank Assistance Guide could absentee ballots Guide.a have been and return voted marked better ballots by fax. as an archived It also stated document, and that the Federal have since Post Card deleted this Application version of the could be faxed Guide from or e-mailed. their Web site. This information was not reflected in the FVAP PDFs or HTML versions of the Voting Assistance Guide, nor was an errata sheet created. 5 Rhode Rhode Island's Would overseas The language Corrections to Island Overseas civilians know in question the PDF, HTML, Civilians of the option does not refer IVAS, and instructions for to request the to the ability errata sheet FVAP's PDFs and blank ballot of the voter have been HTML Voting by e-mail if to request an verified. Assistance Guide they relied on absentee include language Section IIIE ballot via in Section IIIB of the Voting e-mail, but to stating that Assistance request that a ballots "may be Guide or IVAS? copy of a requested by state form using the (now Federal Post discarded) be Card sent to them, Application, which could be letter, requested by telephone, fax, using a or e-mail." Federal Post Card This language Application, contradicts via fax, guidance in e-mail, phone, Section IIIE of etc. Given the HTML and PDF that the state Voting form has been Assistance discarded, the Guides which Voting only mentions Assistance fax Guide has been transmissions. updated to reflect the Furthermore, the change. Web IVAS Web site site changes says no e-mail to the Voting is permitted. Assistance Guide were made January 29, 2007. 6 South South Dakota's Would The change was Correction to Dakota errata sheet stateside made by South the HTML has from June 19, military Dakota and been verified. 2006 and the PDF voters know approval Voting that they are signed. The IVAS referred Assistance Guide required to PDF and errata the voter to require the have the sheet were the Voting Federal Post Federal Post changed, the Assistance Card Application Card HTML was Guide be notarized for Application overlooked, instructions. stateside notarized if and correction military voters. they rely on was made FVAP officials IVAS, HTML or January 26, acknowledged This is not "Publications" 2007. The IVAS that mentioned as a Voting page did not "Publications" requirement in Assistance contain full version of the IVAS, or the Guides instead instructions Voting HTML or of the errata but referred Assistance "Publications" sheet? the reader to Guide could Voting the Voting have been Assistance Assistance marked better Guide. Guide as an archived (Specifically, instructions. document, and these say that have since "no registration See note below deleted this or voting on version of the materials are "Publications" Guide from notarized or version of the their Web witnessed.") Voting site. Assistance Guide.a 7 South South Dakota's Would voters See note below FVAP officials Dakota errata sheet covered under on acknowledged from October 4, the Uniformed "Publications" that 2006, and HTML and Overseas version of the "Publications" and PDF Voting Citizens Voting version of the Assistance Absentee Assistance Voting Guides allow Voting Act Guide.a Assistance voters covered know of the Guide could under the option to send have been Uniformed and the Federal marked better Overseas Post Card as an archived Citizens Application by document, and Absentee Voting fax or via have since Act to send the e-mail deleted this Federal Post attachment if version of the Card Application they relied on Guide from by fax and allow the their Web a voter to "Publications" site. submit a scanned Voting application as Assistance an e-mail Guide? attachment. This is not reflected in the "Publications" Voting Assistance Guide. 8 Utah Utah's errata Would Change was Correction to sheet from May uniformed made to the HTML has 11, 2006, and voters know reflect Utah's been verified. PDF Voting that they were election law Assistance Guide not required and approval FVAP officials (uniformed to have their signed. The acknowledged services) states voting PDF and errata that that materials sheet were "Publications" registration and notarized if corrected, version of the voting materials they relied on however, the Voting are not the HTML or HTML was Assistance notarized or "Publications" overlooked. Guide could witnessed. Voting Correction was have been Assistance made January marked better This is not Guide? 26, 2007. See as an archived reflected in the note below on document, and HTML or PDF "Publications" have since "Publications" version of the deleted this version of the Voting version of the Voting Assistance Guide from Assistance Guide.a their Web Guide. site. For example, the HTML Voting Assistance Guide says that no notary or witness is required, but mentions certification. 9 Vermont While the notary Would overseas The PDF Voting Correction to section of civilians know Assistance the PDF has Civilian Outside that their Guide had the been verified. U.S. in the PDF signature is signed Voting required on approval of Assistance Guide the inside Vermont. The has the envelope missing line statement about certificate if was simply witness they relied on overlooked by requirements for the PDF Voting the state and the return Assistance FVAP and was ballot, it does Guide? updated on not have the January 25, statement: 2007. "However, your signature must be on the inside envelope certificate." This line is reflected in the HTML Voting Assistance Guide and in all notary sections of the Uniformed Services Voting Assistance Guides. 10 Alaska The HTML, Would voters See note below FVAP officials "State-by-State" covered under on acknowledged PDF Voting the Uniformed "Publications" that Assistance and Overseas version of the "Publications" Guide, and IVAS Citizens Voting version of the instruction Absentee Assistance Voting allow e-mailing Voting Act Guide.a Assistance of the blank know of the Guide could ballot and voted option to have been ballot. e-mail the marked better blank and as an archived This is not voted ballot document, and reflected in the if they relied have since "Publications" on the deleted this version of the "Publications" version of the PDF Voting Voting Guide from Assistance Guide Assistance their Web for Alaska. Guide? site. 11 Oregon An errata sheet Would voters See note below FVAP officials on August 22, covered under on acknowledged 2006 for Oregon the Uniformed "Publications" that and the HTML and and Overseas version of the "Publications" PDF Voting Citizens Voting version of the Assistance Absentee Assistance Voting Guides added, in Voting Act Guide.a Assistance addition to know of the Guide could faxing, the option to use have been words "or e-mail for marked better e-mail" to the their voting as an archived electronic materials if document, and transmission they relied on have since sections in the the deleted this Voting "Publications" version of the Assistance Voting Guide from Guide. Assistance their Web Guide? site. This information is not reflected in the "Publications" version of the Voting Assistance Guide. 12 South An errata sheet Would voters See note below FVAP officials Carolina and a news covered under on acknowledged release on May the Uniformed "Publications" that 5, 2006 and the and Overseas version of the "Publications" HTML and PDF Citizens Voting version of the Voting Absentee Assistance Voting Assistance Voting Act Guide.a Assistance Guides announced know of the Guide could that voters are fax and e-mail have been allowed to options if marked better receive and they relied on as an archived return the the document, and ballot by fax or "Publications" have since e-mail under any Voting deleted this conditions or Assistance version of the circumstances. Guide? Guide from their Web This information site. is not reflected in the "Publications" version of the Voting Assistance Guide, which only allows fax and e-mail for emergencies. 13 Texas FVAP issued an Would voters See note below FVAP officials errata sheet for covered under on acknowledged Texas on July the Uniformed "Publications" that 24, 2006, that and Overseas version of the "Publications" changed the Citizens Voting version of the first bullet in Absentee Assistance Voting both electronic Voting Act Guide.a Assistance transmission know the fax Guide could sections, which option was for The state of have been says Texas only to Texas only marked better allows voters to request the allows faxing as an archived send the Federal ballot and to be used to document, and Post Card temporary request a have since Application by registration, ballot and for deleted this fax; but adds if they relied temporary version of the "to request an on the registration. Guide from absentee ballot "Publications" It is not their Web and for Voting allowed for site. temporary Assistance the use of registration Guide? permanent only." registration. The impact on This information voters may be was in the HTML negligible as and PDF Voting these voters Assistance still receive Guides but is ballots for not reflected in two successive the election "Publications" cycles. version of the Voting Assistance Guide. 14 Virginia An errata sheet Would See note below FVAP officials for Virginia on stateside on acknowledged July 20, 2006, military "Publications" that and the HTML and members know version of the "Publications" PDF Voting of the Voting version of the Assistance stipulation Assistance Voting Guides allow that only Guide.a Assistance only overseas overseas Guide could military members military have been to receive the members may marked better blank ballot by receive the as an archived e-mail or fax blank ballot document, and upon request. by e-mail or have since fax if they deleted this This information relied on the version of the is not reflected "Publications" Guide from in the Voting their Web "Publications" Assistance site. version of the Guide? Voting Assistance Guide. 15 Virginia An errata sheet Would overseas See note below FVAP officials for Virginia on civilians know on acknowledged July 20, 2006, of the "Publications" that and the HTML and stipulation version of the "Publications" PDF Voting that only some Voting version of the Assistance Virginia Assistance Voting Guides changed counties and Guide.a Assistance the Civilian cities allow Guide could language to receipt of the have been "Some Virginia blank ballot marked better counties and by fax or as an archived cities allow you e-mail if they document, and to receive the relied on the have since blank ballot by "Publications" deleted this e-mail or fax Voting version of the upon request." Assistance Guide from Guide? their Web This limiting site. information "some" is not reflected in the "Publications" version of the Voting Assistance Guide. It simply says that Virginia "allows you to receive the blank ballot you e-mail or fax upon request." 16 Wisconsin FVAP issued an Would voters See note below FVAP officials errata sheet on covered under on acknowledged July 24, 2006 the Uniformed "Publications" that for Wisconsin and Overseas version of the "Publications" allowing voters Citizens Voting version of the to send the Absentee Assistance Voting Federal Post Voting Act Guide.a Assistance Card Application know of the Guide could for absentee option to send have been ballot request the Federal marked better by fax or Post Card as an archived e-mail. Application by document, and fax or e-mail have since This information if they relied deleted this is not reflected on the version of the in the "Publications" Guide from "Publications" Voting their Web Voting Assistance site. Assistance Guide instead Guide. of the errata sheet? 1PDF means Portable Document Format; it is a file format that is used to view electronic copies of paper documents, which allows an exact copy of the paper document. 2HTML means Hypertext Markup Language and is used to structure and format documents to be displayed on the World Wide Web. 3This 2006-2007 VAG was accessed at http://www.fvap.gov/pubs/vag/pdfvag/2006-07vag.pdf ; but DOD deleted this link in February 2007. 4We found 16 instances in total. Two of the states had two separate discrepancies identified. Source: GAO analysis of DOD information. aFVAP stated that the "Publications" version of the Voting Assistance Guide in PDF format ( http://www.fvap.gov/pubs/vag/pdfvag/2006-07vag.pdf ) created on October 25, 2005, was the original book version of the Voting Assistance Guide in electronic format. Since it was considered an archived document it was not intended for update. Appendix III: Comments from the Department of Defense Appendix IV: Comments from the Election Assistance Commission Appendix V: GAO Contact and Staff Acknowledgments GAO Contact Derek B. Stewart, (202) 512- 5559 or [email protected] Acknowledgments In addition to the individual named above, David E. Moser, Assistant Director; Marion A. Gatling; Pawnee A. Davis; Amber M. Lopez; Joanne Landesman; Paula A. Moore; John K. Needham, John J. Smale; and Julia C. Matta made key contributions to this report. Related GAO Products Elections: All Levels of Government Are Needed to Address Electronic Voting System Challenges. [38]GAO-07-576T . Washington, D.C.: March 7, 2007. Elections: DOD Expands Voting Assistance to Military Absentee Voters, but Challenges Remain. [39]GAO-06-1134T . Washington, D.C.: September 28, 2006. Elections: The Nation's Evolving Election System as Reflected in the November 2004 General Election. [40]GAO-06-450 . Washington, D.C.: June 6, 2006. Election Reform: Nine States' Experiences Implementing Federal Requirements for Computerized Statewide Voter Registration Lists. [41]GAO-06-247 . Washington, D.C.: February 7, 2006. Elections: Views of Selected Local Election Officials on Managing Voter Registration and Ensuring Eligible Citizens Can Vote. [42]GAO-05-997 . Washington, D.C.: September 27, 2005. Elections: Federal Efforts to Improve Security and Reliability of Electronic Voting Systems Are Under W ay, but Key Activities Need to Be Completed. [43]GAO-05-956 . Washington, D.C.: September 21, 2005. Elections: Additional Data Could Help State and Local Elections Officials Maintain Accurate Voter Registration Lists. [44]GAO-05-478 . Washington, D.C.: June 10, 2005. Department of Justice's Activities to Address Past Election-Related Voting Irregularities. [45]GAO-04-1041R . Washington, D.C.: September 14, 2004. Elections: Electronic Voting Offers Opportunities and Presents Challenges. [46]GAO-04-975T . Washington, D.C.: July 20, 2004. Elections: Voting Assistance to Military and Overseas Citizens Should Be Improved. [47]GAO-01-1026 . Washington, D.C.: September 28, 2001. Elections: The Scope of Congressional Authority in Election Administration. [48]GAO-01-470 . Washington, D.C.: March 13, 2001. (350900) GAO's Mission The Government Accountability Office, the audit, evaluation and investigative arm of Congress, exists to support Congress in meeting its constitutional responsibilities and to help improve the performance and accountability of the federal government for the American people. GAO examines the use of public funds; evaluates federal programs and policies; and provides analyses, recommendations, and other assistance to help Congress make informed oversight, policy, and funding decisions. GAO's commitment to good government is reflected in its core values of accountability, integrity, and reliability. 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Orders should be sent to: U.S. Government Accountability Office 441 G Street NW, Room LM Washington, D.C. 20548 To order by Phone: Voice: (202) 512-6000 TDD: (202) 512-2537 Fax: (202) 512-6061 To Report Fraud, Waste, and Abuse in Federal Programs Contact: Web site: www.gao.gov/fraudnet/fraudnet.htm E-mail: [email protected] Automated answering system: (800) 424-5454 or (202) 512-7470 Congressional Relations Gloria Jarmon, Managing Director, [email protected] (202) 512-4400 U.S. Government Accountability Office, 441 G Street NW, Room 7125 Washington, D.C. 20548 Public Affairs Paul Anderson, Managing Director, [email protected] (202) 512-4800 U.S. Government Accountability Office, 441 G Street NW, Room 7149 Washington, D.C. 20548 www.gao.gov/cgi-bin/getrpt?GAO-07-774 . To view the full product, including the scope and methodology, click on the link above. For more information, contact Derek Stewart at (202) 512-5559 or [email protected]. Highlights of [56]GAO-07-774 , a report to congressional committees June 2007 ELECTIONS Action Plans Needed to Fully Address Challenges in Electronic Absentee Voting Initiatives for Military and Overseas Citizens The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) protects the rights of military personnel, their dependents, and overseas citizens to vote by absentee ballot. The Department of Defense (DOD) and others have reported that absentee voting, which relies primarily on mail, can be slow and may, in certain circumstances, serve to disenfranchise these voters. In 2004, Congress required DOD to develop an Internet-based absentee voting demonstration project and required the Election Assistance Commission--which reviews election procedures--to develop guidelines for DOD's project. In 2006, Congress required DOD to report, by May 15, 2007, on plans for expanding its use of electronic voting technologies and required GAO to assess efforts by (1) DOD to facilitate electronic absentee voting and (2) the Commission to develop Internet voting guidelines and DOD to develop an Internet-based demonstration project. GAO also assessed DOD's efforts to develop plans to expand its use of electronic voting technologies. GAO interviewed officials and reviewed and analyzed documents related to these efforts. [57]What GAO Recommends GAO made recommendations to DOD regarding security, guidance, and plans for electronic voting initiatives and to the Commission on plans to develop the guidelines. DOD and the Commission agreed with these recommendations. Since 2000, DOD has developed several initiatives to facilitate absentee voting by electronic means such as fax or e-mail; however, some of these initiatives exhibited weaknesses or had low participation rates that might hinder their effectiveness. For example, the 2003 Electronic Transmission Service's fax to e-mail conversion feature allows UOCAVA voters who do not have access to a fax machine to request ballots by e-mail and then converts the e-mails to faxes to send to local election officials. DOD officials told us, however, they have not performed, among other things, certification tests and thus are not in compliance with information security requirements. The 2004 Interim Voting Assistance System (IVAS)--which, DOD reported, enabled UOCAVA voters to request and receive ballots securely--cost $576,000, and 17 citizens received ballots through it. The 2006 Integrated Voting Alternative Site (also called IVAS)--which enabled voters to request ballots using one tool, by mail, fax, or unsecured e-mail--raised concerns, from Congress and others, that using unsecured e-mail could expose voters to identity theft if they transmit personal data. While this IVAS displayed a warning that voters had to read to proceed, it did not advise them to delete personal voting information from the computers they used. DOD spent $1.1 million, and at least eight voted ballots were linked to this 2006 IVAS. Both the 2004 and 2006 IVAS were each implemented just 2 months before an election. DOD also has a Web site with links to guidance on electronic transmission options, but some of this guidance was inconsistent and could be misleading. DOD officials acknowledged the discrepancies and addressed them during GAO's review. The Election Assistance Commission has not developed the Internet absentee voting guidelines for DOD's use, and thus DOD has not proceeded with its Internet-based absentee voting demonstration project. Commission officials told GAO that they had not developed the guidelines because they had been devoting constrained resources to other priorities, including challenges associated with electronic voting machines. Furthermore, they have not established--in conjunction with major stakeholders like DOD--tasks, milestones, and time frames for completing the guidelines. The absence of such guidelines has hindered DOD's development of its Internet-based demonstration project. To assist the Commission, however, DOD has shared information on the challenges it faced in implementing prior Internet projects--including security threats. GAO observed that DOD was developing, but had not yet completed, plans for expanding the future use of electronic voting technologies. Because electronic voting in federal elections involves numerous federal, state, and local-level stakeholders; emerging technology; and time to establish the initiatives, developing results-oriented plans that identify goals, time frames, and tasks--including addressing security issues--is key. Without such plans, DOD is not in a position to address congressional expectations to establish secure and private electronic and Internet-based voting initiatives. References Visible links 26. http://www.gao.gov/cgi-bin/getrpt?GAO-06-521 27. http://www.gao.gov/cgi-bin/getrpt?GAO-01-1026 28. http://www.gao.gov/cgi-bin/getrpt?GAO-02-3 30. http://www.gao.gov/cgi-bin/getrpt?GAO/OP-4.1.4 and http://www.gao.gov/cgi-bin/getrpt?GAO/AIMD-98-21 31. http://www.gao.gov/cgi-bin/getrpt?GAO-06-84 32. http://www.gao.gov/cgi-bin/getrpt?GAO-01-1026 33. http://www.gao.gov/cgi-bin/getrpt?GAO-02-3 34. http://www.gao.gov/cgi-bin/getrpt?GAO/GGD-96-118 35. http://www.gao.gov/cgi-bin/getrpt?GAO/AIMD-98-68 38. http://www.gao.gov/cgi-bin/getrpt?GAO-07-576T 39. http://www.gao.gov/cgi-bin/getrpt?GAO-06-1134T 40. http://www.gao.gov/cgi-bin/getrpt?GAO-06-450 41. http://www.gao.gov/cgi-bin/getrpt?GAO-06-247 42. http://www.gao.gov/cgi-bin/getrpt?GAO-05-997 43. http://www.gao.gov/cgi-bin/getrpt?GAO-05-956 44. http://www.gao.gov/cgi-bin/getrpt?GAO-05-478 45. http://www.gao.gov/cgi-bin/getrpt?GAO-04-1041R 46. http://www.gao.gov/cgi-bin/getrpt?GAO-04-975T 47. http://www.gao.gov/cgi-bin/getrpt?GAO-01-1026 48. http://www.gao.gov/cgi-bin/getrpt?GAO-01-470 56. http://www.gao.gov/cgi-bin/getrpt?GAO-07-774 *** End of document. ***