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Action   7.
Regular Board of Supervisors Meeting - 10:00 am
Board of Supervisors
Meeting Date:
02/24/2026
Correspondence to the Director of National Intelligence Regarding Voting System Test Laboratory Accreditation and ES&S Voting System Certification
Submitted By:
Lara Loewenheim, Board of Supervisors
Department:
Board of Supervisors
Presentation:
No A/V Presentation
Recommendation:
Document Signatures:
# of ORIGINALS
Submitted for Signature:
NAME
of PRESENTER:
Frank Antenori
TITLE
of PRESENTER:
Chairman, Board of Supervisors
Mandated Function?:
Source of Mandate
or Basis for Support?:

Information

Agenda Item Text:

Approve and authorize the Chairman to sign the attached letter dated February 24, 2026, to the Honorable Tulsi Gabbard, Director of National Intelligence, requesting information concerning Voting System Test Laboratory (VSTL) accreditation, ES&S voting system certification, and related federal statutory interpretation.

Background:

The Cochise County Board of Supervisors has a statutory and constitutional obligation to ensure that elections conducted within the County comply with applicable federal and state law.
Arizona Revised Statutes § 16-442(B) requires that any voting system used in Arizona elections:
  1. Comply with the federal Help America Vote Act of 2002 (HAVA); and
  2. Be tested by a Voting System Test Laboratory (VSTL) accredited by the United States Election Assistance Commission (EAC).
Additionally, Article 7, Section 7 of the Arizona Constitution provides that only lawful votes may be counted.
Questions have been raised regarding:
  1. The accreditation practices of Voting System Test Laboratories by the EAC;
  2. The certification status of ES&S electronic voting systems used during the 2022 Arizona General Election;
  3. The use of engineering change orders associated with those systems; and
  4. The interpretation of 52 U.S.C. § 20971(c)(2) concerning accreditation renewal requirements.
The attached letter respectfully requests that the Office of the Director of National Intelligence (ODNI) provide clarification and, if appropriate, investigate:
  1. The lawfulness of the EAC’s VSTL accreditation practices;
  2. The validity of certifications issued for ES&S voting systems and associated engineering change orders; and
  3. The proper interpretation of federal and state requirements regarding voting system compliance and lawful ballot tabulation.
Attached for reference is background documentation outlining the statutory authority of the Director of National Intelligence over election-related national security matters. Specifically, the February 2, 2026 correspondence from Director Gabbard to congressional leadership (see attached handout) explains ODNI’s authority under the National Security Act of 1947, Executive Order 13848, and related federal law to coordinate and analyze intelligence related to election security and foreign interference.

Department's Next Steps (if approved):

As the Board directs

Impact of NOT Approving/Alternatives:

n/a

To BOS Staff: Document Disposition/Follow-Up:

Prepare letter for signature and mail to Director Gabbard.

Fiscal Impact

Attachments