On October 29, 2002, President George W. Bush signed into law the “Help America Vote Act (HAVA), a federal law that established minimum election administration standards and created the Elections Assistance Commission. The EAC is an independent, federal agency that deals directly with elections in regards to creating minimum standards for states, assisting states with HAVA compliance, ensuring funding from HAVA reaches the states, creating voting system guidelines and operating the government’s first voting system certification program.
The EAC ensures that guidelines, regulations and standards are kept and adhered to for all voting system hardware and software. Part of maintaining these standards includes certifying voting machines, for which there are specific guidelines. In order for voting machines and votes cast to be lawful, the machine must be certified during elections, and the lab that certifies the machines must be accredited. If the machines are not certified, or the lab providing certification is not accredited, then the machine and the vote are considered unlawful.
In 2021, it was discovered the certificate of accreditation for the Voting System Test Laboratory called Pro V&V had been expired since February of 2017. Pro V&V renewed its certificate of accreditation in February 2021. In addition to this, the original certificate of accreditation was signed by an acting EAC Director. EAC Voting System Certification requires by law to be signed by the EAC Chair, meaning Pro V&V’s accreditation was borne invalid and unlawful.
Pro V&V certified many voting machines systems in multiple states during the 2020 election. By law, the machines and votes processed by any machines out of compliance are unlawful and should be rendered null. Very few media outlets in the alternative and independent press have touched on this issue, though there are grassroots efforts to bring focus to this crime.
In May 2021, New Mexico Secretary of State, Maggie Toulouse-Oliver, sent communication to Dominion Voting Systems regarding “Recertification of Voting Systems.” In the letter, it appears Toulouse-Oliver has verified the voting machines system software and hardware were not certified during the 2020 election, and still were not certified at the time of the communication. Maggie Toulouse-Oliver writes: “While VVSG 2.0 (Voluntary Voting System Guidelines) was adopted by the EAC in February 2021, the EAC has not yet certified independent voting system testing laboratories (VSTLs) to test and certify voting systems to these new standards.”
Beginning with the thousands of affidavits submitted by concerned Americans in November and December of 2020 about what they witnessed on election day, November 3, 2020, to the independent investigations and audits of the 2020 results in multiple jurisdictions, such as Antrim County, Michigan; Maricopa County, Arizona; Fulton County, Georgia; Mesa County, Colorado; Otero County, New Mexico; and Wisconsin, the grassroots have managed to prove the results of the 2020 election are questionable and the election itself was not secure or reliable. The breakthrough documentary 2000 Mules based on an investigation by election integrity organization True the Vote, further goes to show the 2020 election proceeded with aspects of fraud and criminality to the point the results should be decertified. Yet, in spite of these factors, lawmakers (Republican) have done nothing to correct the situation.
If the evidence in their myriad details are too much for politicians to digest, or too expansive to qualify as proof, the invalid certification, and in this instance lack thereof, is easy enough to identify and remediate. Without valid certification, the 2020 election results were in large unlawful and should be rendered null per the Help Americans Vote Act and EAC standards. The communication sent from Maggie Toulouse-Oliver to Dominion Voting Systems is evidence that in New Mexico, the highest elections official was aware the machines were not certified, and that the Elections Assistance Commission had not accredited Pro V&V, or any other VSTL (voting system test laboratory) prior to the 2020 election. This has been found to be the case in multiple states including Arizona, Texas, and Colorado. Federal and state laws have been broken. As a constitutional republic, the rule of law must be respected, and action must be taken. Lawmakers, law enforcers, and judicial servants cannot continue to ignore the criminality uncovered.