Apparently, many folks haven't bothered to read the bill, so I am posting it here.
PLEASE read it.
If you see flaws, and can offer specific replacement language, please post it.
We can try to get this to Millender McDonald or sympathetic congressmen, and also get
it to Senator Diane Feinstein, who is writing the senate bil:
H.R.811
Voter Confidence and Increased Accessibility Act of 2007 (Introduced in House)
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SECTION 1. SHORT TITLE.
This Act may be cited as the `Voter Confidence and Increased Accessibility Act of 2007'.
SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-VERIFIED PERMANENT PAPER BALLOT.
(a) Ballot Verification and Audit Capacity-
(1) IN GENERAL- Section 301(a)(2) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)(2)) is amended to read as follows:
`(2) BALLOT VERIFICATION AND AUDIT CAPACITY-
`(A) IN GENERAL-
`(i) The voting system shall require the use of or produce an individual voter-verified paper ballot of the voter's vote that shall be created by or made available for inspection and verification by the voter before the voter's vote is cast and counted. For purposes of this clause, examples of such a ballot include a paper ballot marked by the voter for the purpose of being counted by hand or read by an optical scanner or other similar device, a paper ballot prepared by the voter to be mailed to an election official (whether from a domestic or overseas location), a paper ballot created through the use of a ballot marking device or system, or a paper ballot produced by a touch screen or other electronic voting machine, so long as in each case the voter is permitted to verify the ballot in a paper form in accordance with this subparagraph.
`(ii) The voting system shall provide the voter with an opportunity to correct any error made by the system in the voter-verified paper ballot before the permanent voter-verified paper ballot is preserved in accordance with subparagraph (B)(i).
`(iii) The voting system shall not preserve the voter-verifiable paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter's vote.
`(B) MANUAL AUDIT CAPACITY-
`(i) The permanent voter-verified paper ballot produced in accordance with subparagraph (A) shall be preserved--
`(I) in the case of votes cast at the polling place on the date of the election, within the polling place in the manner or method in which all other paper ballots are preserved within such polling place;
`(II) in the case of votes cast at the polling place prior to the date of the election or cast by mail, in a manner which is consistent with the manner employed by the jurisdiction for preserving such ballots in general; or
`(III) in the absence of either such manner or method, in a manner which is consistent with the manner employed by the jurisdiction for preserving paper ballots in general.
`(ii) Each paper ballot produced pursuant to subparagraph (A) shall be suitable for a manual audit equivalent to that of a paper ballot voting system.
`(iii) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual permanent paper ballots produced pursuant to subparagraph (A), and subject to subparagraph (D), the individual permanent paper ballots shall be the true and correct record of the votes cast and shall be used as the official ballots for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used.
`(C) SPECIAL RULE FOR VOTES CAST BY ABSENT MILITARY AND OVERSEAS VOTERS- In the case of votes cast by absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act, the ballots cast by such voters shall serve as the permanent paper ballot under subparagraph (A) in accordance with protocols established by the Commission, in consultation with the Secretary of Defense after notice and opportunity for public comment, which preserve the privacy of the voter and are consistent with the requirements of such Act and this Act, except that to the extent that such protocols permit the use of electronic mail in the delivery or submission of such ballots, paragraph (11) shall not apply with respect to the delivery or submission of the ballots.
`(D) SPECIAL RULE FOR TREATMENT OF DISPUTES WHEN PAPER BALLOTS HAVE BEEN SHOWN TO BE COMPROMISED- In the event of any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the individual permanent paper ballots produced pursuant to subparagraph (A), any person seeking to show that the electronic vote tally should be given preference in determining the official count for the election shall be required to demonstrate, by clear and convincing evidence, that the paper ballots have been compromised (by damage or mischief or otherwise) and that a sufficient number of the ballots have been so compromised that the result of the election would be changed. For purposes of the previous sentence, the paper ballots associated with each voting machine shall be considered on a voting-machine-by-voting-machine basis, and only the sets of paper ballots deemed compromised, if any, shall be considered in the calculation of whether or not the election would be changed due to the compromised paper ballots.'.
(2) CONFORMING AMENDMENT CLARIFYING APPLICABILITY OF ALTERNATIVE LANGUAGE ACCESSIBILITY- Section 301(a)(4) of such Act (42 U.S.C. 15481(a)(4)) is amended by inserting `(including the paper ballots required to be produced under paragraph (2) and the notice required under paragraph (8))' after `voting system'.
(3) OTHER CONFORMING AMENDMENTS- Section 301(a)(1) of such Act (42 U.S.C. 15481(a)(1)) is amended--
(A) in subparagraph (A)(i), by striking `counted' and inserting `counted, in accordance with paragraphs (2) and (3)';
(B) in subparagraph (A)(ii), by striking `counted' and inserting `counted, in accordance with paragraphs (2) and (3)';
(C) in subparagraph (A)(iii), as amended by paragraph (2), by striking `counted' each place it appears and inserting `counted, in accordance with paragraphs (2) and (3)'; and
(D) in subparagraph (B)(ii), by striking `counted' and inserting `counted, in accordance with paragraphs (2) and (3)'.
(b) Accessibility and Ballot Verification for Individuals With Disabilities-
(1) IN GENERAL- Section 301(a)(3)(B) of such Act (42 U.S.C. 15481(a)(3)(B)) is amended to read as follows:
`(B)(i) satisfy the requirement of subparagraph (A) through the use of at least one voting system equipped for individuals with disabilities at each polling place; and
`(ii) meet the requirements of subparagraph (A) and paragraph (2)(A) by using a system that--
`(I) allows the voter to privately and independently verify the content of the permanent paper ballot through the conversion of the printed content into accessible media, and
`(II) ensures that the entire process of ballot verification and vote casting is equipped for individuals with disabilities.'.
(2) SPECIFIC REQUIREMENT OF STUDY, TESTING, AND DEVELOPMENT OF ACCESSIBLE BALLOT VERIFICATION MECHANISMS-
(A) STUDY AND REPORTING- Subtitle C of title II of such Act (42 U.S.C. 15381 et seq.) is amended--
(i) by redesignating section 247 as section 248; and
(ii) by inserting after section 246 the following new section:
`SEC. 247. STUDY AND REPORT ON ACCESSIBLE BALLOT VERIFICATION MECHANISMS.
`(a) Study and Report- The Director of the National Institute of Standards and Technology shall study, test, and develop best practices to enhance the accessibility of ballot verification mechanisms for individuals with disabilities, for voters whose primary language is not English, and for voters with difficulties in literacy, including best practices for the mechanisms themselves and the processes through which the mechanisms are used. In carrying out this section, the Director shall specifically investigate existing and potential methods or devices that will assist such individuals and voters in creating voter-verified paper ballots and in reading or transmitting the information printed or marked on such ballots back to such individuals and voters.
`(b) Deadline- The Director shall complete the requirements of subsection (a) not later than January 1, 2010.
`(c) Authorization of Appropriations- There are authorized to be appropriated to carry out subsection (a) $1,000,000, to remain available until expended.'.
(B) CLERICAL AMENDMENT- The table of contents of such Act is amended--
(i) by redesignating the item relating to section 247 as relating to section 248; and
(ii) by inserting after the item relating to section 246 the following new item:
`Sec. 247. Study and report on accessible voter verification mechanisms.'.
(3) CLARIFICATION OF ACCESSIBILITY STANDARDS UNDER VOLUNTARY VOTING SYSTEM GUIDANCE- In adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act with respect to the accessibility of the ballot verification requirements for individuals with disabilities, the Election Assistance Commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle.
(c) Additional Voting System Requirements-
(1) REQUIREMENTS DESCRIBED- Section 301(a) of such Act (42 U.S.C. 15481(a)) is amended by adding at the end the following new paragraphs:
`(7) INSTRUCTION OF ELECTION OFFICIALS- Each State shall ensure that all election officials are instructed on the right of any individual who requires assistance to vote by reason of blindness, other disability, or inability to read or write to be given assistance by a person chosen by that individual under section 208 of the Voting Rights Act of 1965.
`(8) INSTRUCTION REMINDING VOTERS OF IMPORTANCE OF VERIFYING PAPER BALLOT-
`(A) IN GENERAL- The appropriate election official at each polling place shall cause to be placed in a prominent location in the polling place a notice containing the following statement, in boldface type, large font, and using only upper-case letters: `THE PAPER BALLOT REPRESENTING YOUR VOTE SHALL SERVE AS THE VOTE OF RECORD IN ALL RECOUNTS AND AUDITS. DO NOT LEAVE THE VOTING BOOTH UNTIL YOU HAVE CONFIRMED THAT IT ACCURATELY RECORDS YOUR VOTE'.
`(B) SYSTEMS FOR INDIVIDUALS WITH DISABILITIES- All voting systems equipped for individuals with disabilities shall transmit by accessible media the statement referred to in subparagraph (A), as well as an explanation of the verification process described in paragraph (3)(B)(ii).
`(9) PROHIBITION OF USE OF UNDISCLOSED SOFTWARE IN VOTING SYSTEMS- No voting system used in an election for Federal office shall at any time contain or use any software not certified by the State for use in the election or any software undisclosed to the State in the certification process. The appropriate election official shall disclose, in electronic form, the source code, object code, and executable representation of the voting system software and firmware to the Commission, including ballot programming files, and the Commission shall make that source code, object code, executable representation, and ballot programming files available for inspection promptly upon request to any person.
`(10) PROHIBITION OF USE OF WIRELESS COMMUNICATIONS DEVICES IN VOTING SYSTEMS- No voting system shall contain, use, or be accessible by any wireless, power-line, remote, wide area, or concealed communication device at all.
`(11) PROHIBITING CONNECTION OF SYSTEM OR TRANSMISSION OF SYSTEM INFORMATION OVER THE INTERNET- No component of any voting device upon which votes are cast shall be connected to the Internet at any time.
`(12) SECURITY STANDARDS FOR VOTING SYSTEMS USED IN FEDERAL ELECTIONS-
`(A) IN GENERAL- No voting system may be used in an election for Federal office unless the manufacturer of such system and the election officials using such system meet the applicable requirements described in subparagraph (B).
`(B) REQUIREMENTS DESCRIBED- The requirements described in this subparagraph are as follows:
`(i) The manufacturer and the election officials shall document the secure chain of custody for the handling of all software, hardware, vote storage media, and ballots used in connection with voting systems, and shall make the information available upon request to the Commission.
`(ii) The manufacturer of the software used in the operation of the system shall provide the appropriate election official with updated information regarding the identification of each individual who participated in the writing of the software, including specific information regarding whether the individual has ever been convicted of a crime involving election, accounting, or computer security fraud.
`(iii) The manufacturer shall provide the appropriate election official with the information necessary for the official to provide information to the Commission under paragraph (9).
`(iv) After the appropriate election official has certified the source code, object code, and executable representation of the voting system software for use in an election, the manufacturer may not--
`(I) alter such codes and representation; or
`(II) insert or use in the voting system any software not certified by the State for use in the election.
`(v) The appropriate election official shall ensure that all voting machines and related supplies to be used in the election shall remain secured within storage facilities arranged for by the election official, and shall not be removed from such facilities until such time as they are to be delivered to the relevant polling place and secured at the polling place until used in the election.
`(vi) The manufacturer shall meet standards established by the Commission to prevent the existence or appearance of any conflict of interest with respect to candidates for public office and political parties, including standards to ensure that the manufacturer's officers and directors do not hold positions of authority in any political party or in any partisan political campaign, and shall certify to the Commission not later than January 31 of each even-numbered year that it meets the standards established under this clause.
`(vii) At the request of the Commission, the appropriate election official shall submit information to the Commission regarding the State's compliance with this subparagraph.
`(13) DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS-
`(A) DURABILITY REQUIREMENTS FOR PAPER BALLOTS- All voter-verified paper ballots required to be used under this Act (including the emergency paper ballots used under paragraph (14)) shall be marked, printed, or recorded on durable paper of archival quality capable of withstanding multiple counts and recounts without compromising the fundamental integrity of the ballots, and capable of retaining the information marked, printed, or recorded on them for the full duration of the retention and preservation period called for by title III of the Civil Rights Act of 1960 (42 U.S.C. 1974 et seq.) or under applicable State law, whichever is longer.
`(B) READABILITY REQUIREMENTS FOR MACHINE-MARKED OR PRINTED PAPER BALLOTS- All voter-verified paper ballots marked or printed through the use of a marking or printing device shall be clearly readable by the naked eye and by a scanner or other device equipped for voters with disabilities.
`(14) PROHIBITING TURNING INDIVIDUALS AWAY FROM POLLING PLACES BECAUSE OF PROBLEMS WITH OR SHORTAGES OF EQUIPMENT, BALLOTS, OR SUPPLIES-
`(A) ENSURING ADEQUATE EQUIPMENT AND SUPPLIES- Each State shall ensure that the voting systems it uses to conduct elections for Federal office are designed in a manner that ensures that no voter will be unable to cast a ballot at a polling place due to a shortage or failure of voting equipment, ballots, or necessary supplies.
`(B) USE OF EMERGENCY PAPER BALLOTS IN CASE OF SYSTEM OR EQUIPMENT FAILURE- In the event of the failure of voting equipment or other circumstance at a polling place that causes a delay, any individual who is waiting at the polling place to cast a ballot in an election for Federal office and who would be delayed due to such failure or other circumstance shall be advised immediately of the individual's right to use an emergency paper ballot, and upon request shall be provided with an emergency paper ballot for the election and the supplies necessary to mark the ballot. Any emergency paper ballot which is cast by an individual under this subparagraph shall be counted and otherwise treated as a regular ballot and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot if the voting equipment at the polling place had not failed.'.
(2) REQUIRING LABORATORIES TO MEET STANDARDS PROHIBITING CONFLICTS OF INTEREST AS CONDITION OF ACCREDITATION FOR TESTING OF VOTING SYSTEM HARDWARE AND SOFTWARE-
(A) IN GENERAL- Section 231(b) of such Act (42 U.S.C. 15371(b)) is amended by adding at the end the following new paragraphs:
`(3) PROHIBITING CONFLICTS OF INTEREST; ENSURING AVAILABILITY OF RESULTS-
`(A) IN GENERAL- A laboratory may not be accredited by the Commission for purposes of this section unless--
`(i) the laboratory certifies that the only compensation it receives for the testing carried out in connection with the certification, decertification, and recertification of the manufacturer's voting system hardware and software is the payment made from the Testing Escrow Account under paragraph (4);
`(ii) the laboratory meets the standards applicable to the manufacturers of voting systems under section 301(a)(11)(B)(vi), together with such standards as the Commission shall establish (after notice and opportunity for public comment) to prevent the existence or appearance of any conflict of interest in the testing carried out by the laboratory under this section, including standards to ensure that the laboratory does not have a financial interest in the manufacture, sale, and distribution of voting system hardware and software, and is sufficiently independent from other persons with such an interest;
`(iii) the laboratory certifies that it will permit an expert designated by the Commission to observe any testing the laboratory carries out under this section; and
`(iv) the laboratory, upon completion of any testing carried out under this section, discloses the test protocols, results, and all communication between the laboratory and the manufacturer to the Commission.
`(B) AVAILABILITY OF RESULTS- Upon receipt of information under subparagraph (A), the Commission shall make the information available promptly to election officials and the public.
`(4) PROCEDURES FOR CONDUCTING TESTING; PAYMENT OF USER FEES FOR COMPENSATION OF ACCREDITED LABORATORIES-
`(A) ESTABLISHMENT OF ESCROW ACCOUNT- The Commission shall establish an escrow account (to be known as the `Testing Escrow Account') for making payments to accredited laboratories for the costs of the testing carried out in connection with the certification, decertification, and recertification of voting system hardware and software.
`(B) SCHEDULE OF FEES- In consultation with the accredited laboratories, the Commission shall establish and regularly update a schedule of fees for the testing carried out in connection with the certification, decertification, and recertification of voting system hardware and software, based on the reasonable costs expected to be incurred by the accredited laboratories in carrying out the testing for various types of hardware and software.
`(C) REQUESTS AND PAYMENTS BY MANUFACTURERS- A manufacturer of voting system hardware and software may not have the hardware or software tested by an accredited laboratory under this section unless--
`(i) the manufacturer submits a detailed request for the testing to the Commission; and
`(ii) the manufacturer pays to the Commission, for deposit into the Testing Escrow Account established under subparagraph (A), the applicable fee under the schedule established and in effect under subparagraph (B).
`(D) SELECTION OF LABORATORY- Upon receiving a request for testing and the payment from a manufacturer required under subparagraph (C), the Commission shall select at random, from all laboratories which are accredited under this section to carry out the specific testing requested by the manufacturer, an accredited laboratory to carry out the testing.
`(E) PAYMENTS TO LABORATORIES- Upon receiving a certification from a laboratory selected to carry out testing pursuant to subparagraph (D) that the testing is completed, along with a copy of the results of the test as required under paragraph (3)(A)(iii), the Commission shall make a payment to the laboratory from the Testing Escrow Account established under subparagraph (A) in an amount equal to the applicable fee paid by the manufacturer under subparagraph (C)(ii).
`(5) DISSEMINATION OF ADDITIONAL INFORMATION ON ACCREDITED LABORATORIES-
`(A) INFORMATION ON TESTING- Upon completion of the testing of a voting system under this section, the Commission shall promptly disseminate to the public the identification of the laboratory which carried out the testing.
`(B) LABORATORIES WITH ACCREDITATION REVOKED OR SUSPENDED- If the Commission revokes, terminates, or suspends the accreditation of a laboratory under this section, the Commission shall promptly notify Congress, the chief State election official of each State, and the public.'.
(B) CONFORMING AMENDMENTS- Section 231 of such Act (42 U.S.C.
http://thomas.loc.gov/cgi-bin/query/F?c110:1:./temp/~c110gKjf7M:e3571: