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endnotes1. Definitions for key terms such as ‘voting systems’ used in the report can be found in Appendix A.2. Telephone Interview with Denise Lamb, Chief Deputy Clerk for Elections, Santa Fe County, New Mexico (Sept. 30,2009).3. United States Election Assistance Commission, Election Administration and Voting Survey Frequently Asked Questions,http://www.eac.gov/research/election_administration_and_voting_survey_faqs.aspx (last visited Aug. 9, 2010);Spencer Overton, Stealing Democracy, http://www.stealingdemocracy.com/facts.cfm (last visited Aug. 9, 2010).4. The Proposed Final Judgment and Competitive Impact Statement are reprinted in 75 Fed. Reg. 12256-12270 (Mar.15, 2010).5. S.B. 1404, 2009-10 Reg. Sess. (Cal. 2010).6. Specifically, S.B. 223 2005-06 Reg. Sess. (N.C. 2005) states that “[t]he vendor shall promptly notify the State Boardof Elections and the county board of elections of any county using its voting system of any decertification of thesame system in any state, of any defect in the same system known to have occurred anywhere, and of any relevantdefect known to have occurred in similar systems.”7. See Michael Traugott, et. al., The Impact of Voting Systems on Residual Votes, Incomplete Ballots, and Other Measuresof Voting Behavior (conference paper presented at the Midwest Political Science Association, Chicago, IL, Apr.7-10, 2005), Charles Stewart III, Residual Vote in the 2004 Election (Caltech/MIT Voting Technology Project, VTPWorking Paper No. 2.3, 2005).8. 42 U.S.C. §§ 15322, 15371(a) (2009).9. 42 U.S.C. § 15322 (2009).10. Sarah F. Liebschutz and Daniel J. Palazzolo, HAVA and the States, 35 Publius: J. of Federalism 497 (2005), availableat http://publius.oxfordjournals.org/cgi/reprint/35/4/497.pdf; Press Release, Representative Rush Holt, Holt UrgesElection Assistance Commission to Address Voting Machine Failures, Accessibility in 2010 Election Survey (Nov. 19,2009), available at http://www.house.gov/apps/list/press/nj12_holt/111909.html; VotersUnite!, Proposal to theEAC: A Public Information-Exchange Mechanism Regarding Fielded Voting Systems (May 2008), available athttp://www.votersunite.org/info/EACInfoClearinghouseProposal.pdf.11. E-mail from Jeannie Layson, Director of Communications and Congressional Affairs, U.S. Election AssistanceCommission, to Lawrence Norden, Senior Counsel, Brennan Center for Justice (Sept. 10, 2010, 15:01 EST) (on filewith the Brennan Center).12. Testimony of Jeannie Layson, Director of Communications and Congressional Affairs, U.S. Election AssistanceCommission, available at http://www.eac.gov/News/docs/04-08-10-eac-public-mtg-testimony-layson-final.pdf/attachment_download/file.13. Testimony of Jeannie Layson, Director of Communications and Congressional Affairs, U.S. Election AssistanceCommission, available at http://www.eac.gov/assets/1/AssetManager/05-27-10%20EAC%20Public%20Mtg%20Testimony%20Layson%20FINAL.pdf.14. E-mail from Jeannie Layson, Director of Communications and Congressional Affairs, U.S. Election AssistanceCommission, to Lawrence Norden, Senior Counsel, Brennan Center for Justice (May 19, 2010, 13:58 EST) (on filewith the Brennan Center).15. United States Government Accountability Office, Report to the Chairman, Committee on HouseAdministration, House of Representatives: Federal Program for Certifying Voting Systems Needs to BeFurther Defined, Fully Implemented, and Expanded 4-5, 31 (September 2008), available at http://www.gao.gov/new.items/d08814.pdf?source-ra [hereinafter GAO Voting Systems Report]. (“The scope of EAC’s efforts to track98 | Brennan Center for Justice