So, I just finished reading the HAVA act found at:
http://www.fec.gov/hava/law_ext.txtFolks, HAVA says any HAVA financed system has to have a
paper record usable for recounts and auditing. Following is a cut and paste of pertinent sections of the bill.
_______________________________
HELP AMERICA VOTE ACT OF 2002
<[Page 116 STAT. 1666>]
Public Law 107-252
107th Congress
An Act
To establish a program to provide funds to States to replace punch card
voting systems, to establish the Election Assistance Commission to
assist in the administration of Federal elections and to otherwise
provide assistance with the administration of certain Federal election
laws and programs, to establish minimum election administration
standards for States and units of local government with responsibility
for the administration of Federal elections, and for other
purposes. <<NOTE: Oct. 29, 2002 -
>>
Subtitle A--Requirements
SEC. 301. <<NOTE: 42 USC 15481.>> VOTING SYSTEMS STANDARDS.
(a) Requirements.--Each voting system used in an election for
Federal office shall meet the following requirements:
(1) In general.--
(2) Audit capacity.--
(A) In general.--The voting system shall produce a
record with an audit capacity for such system.
(B) Manual audit capacity.--
(i) The voting system shall produce a
permanent paper record with a manual audit
capacity for such system.
(ii) The voting system shall provide the voter
with an opportunity to change the ballot or
correct any error before the permanent paper
record is produced.
(iii) The paper record produced under
subparagraph (A) shall be available as an official
record for any recount conducted with respect to
any election in which the system is used.
Notice the last paragraph? "The paper record produced under... (A)"
Then we have some enforcement codes
TITLE IV--ENFORCEMENT
SEC. 401. <<NOTE: 42 USC 15511.>> ACTIONS BY THE ATTORNEY GENERAL FOR
DECLARATORY AND INJUNCTIVE RELIEF.
The Attorney General may bring a civil action against any State or
jurisdiction in an appropriate United States District Court for such
declaratory and injunctive relief (including a temporary restraining
order, a permanent or temporary injunction, or other order) as may be
necessary to carry out the uniform and nondiscriminatory election
technology and administration requirements under sections 301, 302, and
303.
Note that the paper record is required in the above section 301 and the AG can order the machines to have a paper record or shut the damn things off! Go get 'em Alberto! (yeah, right)
(It seems there is a grievance door for citizens to enter to get HAVA financed states to put up a paper record
SEC. 402. <<NOTE: 42 USC 15512.>> ESTABLISHMENT OF STATE-BASED
ADMINISTRATIVE COMPLAINT PROCEDURES TO REMEDY GRIEVANCES.
(a) Establishment of State-Based Administrative Complaint Procedures
To Remedy Grievances.--
(1) Establishment of procedures as condition of receiving
funds.--If a State receives any payment under a program under
this Act, the State shall be required to establish and maintain
State-based administrative complaint procedures which meet the
requirements of paragraph (2).
(2) Requirements for procedures.--The requirements of this
paragraph are as follows:
(A) The procedures shall be uniform and
nondiscriminatory.
<[Page 116 STAT. 1716>]
(B) Under the procedures, any person who believes
that there is a violation of any provision of title III
(including a violation which has occurred, is occurring,
or is about to occur) may file a complaint.
(C) Any complaint filed under the procedures shall
be in writing and notarized, and signed and sworn by the
person filing the complaint.
(D) The State may consolidate complaints filed under
subparagraph (B).
(E) At the request of the complainant, there shall
be a hearing on the record.
(F) If, under the procedures, the State determines
that there is a violation of any provision of title III,
the State shall provide the appropriate remedy.
(G) If, under the procedures, the State determines
that there is no violation, the State shall dismiss the
complaint and publish the results of the procedures.
(H) <<NOTE: Deadline.>> The State shall make a
final determination with respect to a complaint prior to
the expiration of the 90-day period which begins on the
date the complaint is filed, unless the complainant
consents to a longer period for making such a
determination.
(I) <<NOTE: Deadline.>> If the State fails to meet
the deadline applicable under subparagraph (H), the
complaint shall be resolved within 60 days under
alternative dispute resolution procedures established
for purposes of this section. <<NOTE: Records.>> The
record and other materials from any proceedings
conducted under the complaint procedures established
under this section shall be made available for use under
the alternative dispute resolution procedures.
Yeah, I know this section is about financial audits, but thought I'd include it just to get an idea of what a HAVA audit might include.
SEC. 902. <<NOTE: 42 USC 15542.>> AUDITS AND REPAYMENT OF FUNDS.
(a) Record keeping Requirement.--Each recipient of a grant or other
payment made under this Act shall keep such records with respect to the
payment as are consistent with sound accounting principles, including
records which fully disclose the amount and disposition by such
recipient of funds, the total cost of the project or undertaking for
which such funds are used, and the amount of that portion of the cost of
the project or undertaking supplied by other sources, and such other
records as will facilitate an effective audit.
(b) Audits and Examinations.--
(1) Audits and examinations.--Except as provided in
paragraph (5), each office making a grant or other payment under
this Act, or any duly authorized representative of such office,
may audit or examine any recipient of the grant or payment and
shall have access for the purpose of audit and examination to
any books, documents, papers, and records of the recipient which
in the opinion of the entity may be related or pertinent to the
grant or payment.
Just have to google this, to see what * had to say about HAVA, see ya later.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Oct. 29, Presidential remarks and statement.