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and resolve problems with certified voting systems does not extend to those systems that were either qualified byNASED or were not endorsed by any national authority. According to program officials, the commission does nothave the authority or the resources needed to undertake such a responsibility … As a result, the commission’s effortsto track and resolve problems with voting systems do not include most of the voting systems that will be used in the2008 elections.”).16. United States Election Assistance Commission, Testing and Certification Program Manual Version 1.0 (2007)[hereinafter VSTCPM].17. 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 14, 2010, 17:09 EST) (on filewith the Brennan Center).18. Id.19. VSTCPM, supra note 16 at 2.3.2.7.20. Telephone Interview with Jeannie Layson, Director of Communications and Congressional Affairs, U.S. ElectionAssistance Commission (Aug. 25, 2010).21. VSTCPM, supra note 16 at 8.7.3.22. United States Election Assistance Commission, Voting System Testing and Certification Program VotingSystems Technical Advisory Intermittent Freeze/Shutdowns with EAC Certified ES&S Unity 3.2.0.0System (2010), http://www.eac.gov/assets/1/AssetManager/Product_Advisory-ES&S-06.25.10%20FINAL.pdf.23. Id.24. United States Election Assistance Commission, Voting System Testing and Certification ProgramVoting System Technical Advisory Configuration Management Issues with EAC certifiedMicroVote EMS 4.0B (Modification) (2010), http://www.eac.gov/assets/1/AssetManager/MicroVoteEMS40B_Product_Advisory-final_august_23_2010.pdf.25. E-mail from Matt Masterson Deputy Director of the EAC’s Testing and Certification Program to Lawrence Norden,Senior Counsel, Brennan Center for Justice (July 1, 2010, 11:20 EST and Aug. 26, 2010, 15:32 EST) (on filewith the Brennan Center) (Confirming that two counties in Ohio, two counties and twenty-two towns, cities, andvillages in Wisconsin, twenty-two counties in Florida, and nine counties in Iowa, use certified equipment); E-mailfrom Matt Masterson Deputy Director of the EAC’s Testing and Certification Program to Lawrence Norden, SeniorCounsel, Brennan Center for Justice (Aug 31, 2010, 11:16 EST) (on file with the Brennan Center) (Confirmingthat Delaware uses EAC certified central count machines to count absentee ballots. Its polling place machines arenot EAC certified).26. Counties may “upgrade” existing systems to versions that will be EAC certified. But for the most part, given thecurrent economic climate, counties and states around the country are unlikely to receive big grants to purchaseentirely new equipment.27. United States Election Assistance Commission, State Requirements and the Federal Voting SystemTesting and Certification Program, 5 (2009), http://www.eac.gov/assets/1/Page/State%20Requirements%20and%20the%20Federal%20Voting%20System%20Testing%20and%20Certification%20Program.pdf.28. VSTCPM, supra note 16 at 8.7.4.29. Letter from Douglas A. Kellner, Co-Chair of the New York State Board of Elections to the Honorable Thomas R.Wilkey, Director of the EAC (June 30, 2010).Brennan Center for Justice | 99