Ballot and Electronic Voting System Security

(a) “Board" means the government accountability board.

(b) “Certificate of performance compliance" means the document provided by voting equipment vendors certifying that the equipment complies with the performance requirements of s. 5.91, Stats.

(c) “Chain-of-custody" means the recorded movement and location of election ballots from the time of delivery of the ballots to the municipal clerk or board of election commissioners until the destruction of the ballots is authorized under s. 7.23, Stats.

(d) “Custodian" means the election official who is authorized by chs. 5 to 12 to take possession and control of the ballots from the time of delivery of the ballots to the clerk or board of election commissioners until destruction of the ballots is authorized under s. 7.23, Stats.

(e) “Electronic voting system" has the meaning given in s. 5.02 (4m), Stats.

(f) “Firmware" means the computer software stored in read-only memory or programmable read-only memory.

(g) “Modem" means a device for transmitting data between two computers over telephone or other communication lines.

(h) “Results report" means the print-out of voting data by a piece of electronic voting equipment.

(i) “Software" has the meaning given in s. 5.905 (1), Stats.

(2) Within the requirements of s. 7.51 (3), Stats., the terms “secure" and “seal" shall be interpreted together to mean that the voted ballot container must be closed in such a manner that no ballot may be removed, nor any ballot added, without visible evidence of interference or damage to the ballot container.

(3) Within the requirements of s. 7.51 (3) (a), Stats., a ballot container shall be considered “sealed" or “locked," only if no voted ballot may be removed from or deposited into the container, and no other form of access to the ballots inside may be gained without leaving visible evidence of that entry or access into the container. Ballot bags shall be sealed with a tamper-evident, serialized numbered seal. The serial number shall be recorded on the signed ballot container certification (EB-101) attached to the bag. Serial numbers of the seals also shall be recorded on the Inspectors' Statement (EB-104). Ballot boxes or containers shall have all potential openings secured in such a manner that no ballot may be removed, nor any ballot added, without visible evidence of interference or damage to that ballot container. Ballot boxes or containers shall have attached a signed ballot container certification (EB-101).

(4) A sealed ballot container shall not be considered “secured" unless it is stored in a manner in which access to the container is limited only to the clerk of the election district, board of election commissioners, or to persons authorized by the clerk or the board of election commissioners, and access to which is not available to any other person.

(5) Whenever the custodian is required to open the ballot container and unseal the ballots as part of a central count proceeding under s. 5.86, Stats., board of canvass proceeding under Ch. 7, Stats., audit of electronic voting equipment after an election under s. 7.08 (6), Stats., recount or an appeal of a recount under s. 9.01, Stats., or as part of a public records request under s. 19.35, Stats., before opening the container the custodian shall record in the minutes of the proceeding whether the container is sealed and shall record the serialized number of the seal. The custodian shall make a record of the entry and of the ballot review. Upon completion of the review, the custodian shall re-secure them in the manner provided in s. 7.51, Stats., unless destruction is authorized under s. 7.23, Stats.

(6) Security of the ballots and the ballot container shall be maintained as provided under s. 7.51, Stats., until destruction of the ballots is conducted under s. 7.23, Stats. Destruction of the ballots authorized under s. 7.23, Stats., requires shredding, incineration, or some other form of obliteration of the ballots.

(7) At the time of a recount, the serial numbers on the seals of the ballot container shall be compared with the serial numbers written on the signed ballot container certification (EB-101). All containers shall be compared in a recount. The ward numbers and the results of the serial number verification shall be recorded in the minutes of the recount.

(8) The municipal clerk or board of election commissioners shall securely maintain all ballots from the time of receipt from the printer or county clerk through delivery to the polling place.

(2) Throughout the life of the electronic voting system, the municipal or county clerk shall maintain control of all memory devices in a secure manner at all times. With the agreement of the municipal clerk or board of election commissioners, the county clerk or county board of election commissioners may store memory devices in a secure location. The municipal clerk or board of election commissioners shall secure all keys to the electronic voting equipment.

(3) For each election, there shall be a separate, written chain-of-custody record for each programmed memory device used with an electronic voting system. Each transfer shall be logged in the written chain-of-custody record.

(4) Each programmed memory device shall have or be assigned a unique and permanent serial number. If the memory device does not have a permanent serial number affixed by the manufacturer, a clerk shall, if possible, affix to the device a serial number or unique identifier.

(5) The municipality shall use controlled, serialized seals that are tamper-evident and resistant to accidental breakage along with a written record of all seals and associated serial numbers.

(6) For each election, the municipal clerk shall record on the Inspectors' Statement (EB-104), which memory devices and which serialized tamper-evident seals are assigned to particular voting stations or units.

(2) Memory devices shall be programmed to print a list of the software and firmware versions of the electronic voting system on each beginning-of-election-day zero report under s. 5.84 (2), Stats. For electronic voting systems that cannot accommodate this requirement, the software and firmware information shall be recorded from the system start-up screen, either by municipal or county staff during the pre-election testing under s. 5.84 (1), Stats., or by election inspectors on Election Day under s. 5.84 (2), Stats.

(3) The records for the pre-election test under s. 5.84, Stats., pre-recount test under s. 5.90, Stats., and Election Day reports under ss. 7.51 and 7.53, Stats., must be maintained by the appropriate clerk or board of election commissioners.

(4) Except when necessary to program, test, or operate the electronic voting and/or programming equipment, any point by which access can be gained to the system controls must be closed and locked or secured with a tamper-evident seal that can be tracked using a unique and permanent serial number. The appropriate clerk shall maintain a written record of the serial numbers required by this subsection.

(5) After a memory device is programmed, tested, and delivered to the municipal clerk for the election, it shall be immediately and continuously maintained in a secure location with controlled access limited only to users authorized by the clerk or board of election commissioners.

Upon insertion of a memory device into its assigned unit, it shall be sealed against unauthorized access with a serialized, tamper-evident seal that can be tracked using a unique and permanent serial number. The municipal clerk or board of election commissioners shall record the serial numbers on the Inspectors' Statement (EB-104).

(6) When applicable, for each election the municipal or county clerk or board of election commissioners shall obtain a signed “Certificate of Performance Compliance: Memory Device Security" from each voting equipment manufacturer that provides programming services or memory devices to the municipality or county.

(7) The municipality shall take reasonable precautions to ensure the security of the equipment between the time it leaves the possession of the clerk or board of election commissioners to be delivered to the polling place, and the time the chief inspector assumes possession at the polling place on Election Day.

(2) After the polls have opened, ballot removal from an optical scan machine or paper roll removal or replacement on a direct recording electronic (DRE) machine shall be conducted with at least two election inspectors (or other sworn election team members appointed by the municipal clerk or board of election commissioners) present. The removal process, the names of the election inspectors or sworn election team members, and the time of removal must be recorded on the Inspectors' Statement (EB-104).

(3) After the polls have closed, election officials shall print a results report before breaking any seal on the equipment and before the removal of the memory device from any piece of voting equipment. If additional reports other than the results reports are required, these reports shall also be printed before breaking any seal on the equipment and before the removal of the memory device.

(4) The chief election inspector shall compare the serial numbers of all security seals, then verify by initialing the Inspectors' Statement (EB-104). Any additional seals used during the election must also be recorded on the Inspectors' Statement (EB-104).

(5) The memory device shall be secured in a separate, tamper-evident sealed container or envelope by the chief election inspector. The memory devices shall be promptly returned to the municipal or county clerk or board of election commissioners.

(6) If vote results are transmitted by modem, the municipal clerk or board of election commissioners may access the memory device for transmission of those results, but shall reseal the memory device in a secured envelope or container.

(7) If removal of the memory device is not required, the device may remain sealed in the voting equipment. The serial numbers of the security seals shall be verified and initialed on the Inspectors' Statement (EB-104).

(2) At each post-election meeting of the municipal board of canvassers, the members shall verify that the tamper-evident serial numbers from the voting equipment have been recorded on five Inspectors' Statements (EB-104) or 10% (whichever is greater) of the total statements, and have been initialed by the Chief Election Inspector. The county board of canvassers shall verify ten Inspectors' Statements. All Inspectors' Statements (EB-104) shall be verified by the appropriate board of canvassers in a recount. Proper documentation shall be maintained.

(2) The Board will consider requests from counties to implement alternative security procedures.

(a) The county clerk, or the municipal clerk or board of election commissioners through the county clerk or county board of election commissioners, shall submit a written request to implement alternative security procedures to the Board's director and general counsel.

(b) The request shall describe the proposed security procedures in detail and include any documentation such as logs, flow charts, and certification forms.

(c) The director and general counsel may approve the use of alternative security procedures for one election cycle.

(d) The Board shall review the director and general counsel's approval of any alternative security procedures and may authorize continued use of those procedures.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 457.03 (1), Stats., the Professional Counselor Section of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend sections MPSW 11.01 (1) (b), 12.01 and 14.01 (2) (intro.); and to create section MPSW 12.01 (3) and (4), relating to supervised practice, training licenses and academic programs for professional counselors.

Date:   October 27, 2008

Time:   9:15 a.m.

Location:   1400 East Washington Avenue
  (Enter at 55 North Dickinson Street)
  Room 121A
  Madison, Wisconsin

Sections 457.12 and 457.13, Stats.

Sections 15.08 (5) (b), 227.11 (2) and 457.03 (1), Stats.

The Marriage and Family Therapy, Professional Counseling and Social Work Examining Board has the authority under s. 457.03, Stats., to promulgate rules.

There are no other related statutes or rules other than those listed above.

One of the requirements for becoming licensed as a professional counselor is the accrual of 3,000 hours of supervised practice. The addition of s. MPSW 12.01 (3) and (4) is intended to permit applicants who are interested in becoming licensed in Wisconsin as professional counselors to use supervised professional counselor practice hours that were accrued in another state. The existing rules do not allow the professional counselor section to consider supervised practice hours that were obtained out-of-state. These changes are intended to remedy that situation and will likely result in more clinicians being eligible to practice in Wisconsin.

There is no applicable existing federal legislation.

If the applicants graduated prior to 2003 and they hold a master's degree with 5 years of experience, they are exempt from the 48 credit or CACREP requirement (experience counselor transition language found in the statutes).

Interestingly, a license applicant may apply and receive the license only after completing 12 semester hour graduate credits with the qualification that they complete the remainder in 4 years.

The supervised practice requirement is post licensure (first 2,000 hours).

Iowa requires 2 years of supervised clinical practice completed post coursework and practicum (but the applicant may start to accumulate hours prior to their thesis – curious). There does not appear to be a training level or limited credential to practice under while accumulating the hours. It appears that Iowa MHC is envisioned as “clinical" licensure meaning expectations for DSM IV diagnosis and treatment of mental health disorders rather than the more common community counselor level. This is evident in the requirement for CACREP mental health counselor accreditation and the psychopathology requirement in the equivalency.

It is not clear that Iowa approves programs or approves applicants on an as reviewed basis (though from the application materials and the lack of an approval list, it appears through the latter).

Iowa considers applicants who have obtained Certified Clinical Mental Health Counselor status with the National Board for Certified Counselors (NBCC) as having met the educational and clinical experience requirements necessary for licensure.