When a VSTL considers doing business outside the certification context, it must consider the implications of such a decision in light of the prohibitions related to conflicts of interest and prohibited practices. VSTL’s may not test voting systems if they have a conflict of interest between their responsibilities under the certification program and their financial interests. Having an outside contractual or fiduciary relationship with a manufacture whose product the VSTL is responsible for testing under EAC’s Certification program is a conflict of interest. VSTLs must also be cognizant of the impact of prohibited practices. A laboratory may not be involved in both the development of a voting system and the certification of a system. Voting system development includes any testing, consultation or design work performed in order to ready a system for the market place or the certification process. Generally, any testing performed on behalf of a voting system manufacture that was not otherwise performed pursuant to an EAC certification will be considered developmental. When a VSTL is involved with the development of a voting system, it is prohibited from future testing of that system under EAC Program.

The EAC finds that based upon the language of Section 4.3 of the VSTCM a manufacturer must submit a certification application prior to conducting any certification testing. Any testing occurring after the execution of a contract or agreement for certification testing between a Voting System Test Laboratory and a registered manufacturer is presumed to be certification testing.