Restore Elector Confidence in Our Representative Democracy Act of 2004 or the RECORD Act of 2004 - Amends the Help America Vote Act of 2002 to require each voting system used in an election for Federal office to: (1) produce an individual voter-verifiable paper record of the vote that shall be made available for inspection and verification by the voter at the time the vote is cast; and (2) provide the voter with an opportunity to correct any error made by the system in the voter-verifiable paper record before the permanent voter-verified paper record is preserved.
Requires the permanent voter verified paper record to be preserved within the polling place for later use in any manual audit. Makes such paper record the official record used for any recount.
Requires the voting system accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, to meet the requirements of this Act by using a mechanism that separates the function of vote generation from the function of vote casting without requiring the voter to view or handle paper.
Requires each State to ensure that 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 the Voting Rights Act of 1965.
Prohibits any voting system from: (1) containing or using any software that does not disclose any source code, object code, and executable representation; or (2) using any wireless communication device.
Requires any electronic voting system to: (1) use only software and hardware certified by laboratories accredited by the Election Assistance Commission (EAC); and (2) meet specified security standards.
Requires each State and jurisdiction to: (1) meet the requirements of this Act in time for the November 2004 Federal general election; or (2) use a paper ballot voting system in such election.
Directs the EAC, beginning with the November 2004 Federal general election, and immediately following the election, to conduct random unannounced manual mandatory recounts of the voter-verified records in two percent of the jurisdictions in each State and with respect to two percent of the ballots cast by uniformed and overseas voters.
Directs the EAC to study, test, and develop best practices to enhance accessibility and voter-verification mechanisms for individuals with disabilities.
Requires the EAC to make certain payments to assist States in paying for implementation of the voter-verification and audit capacity requirements of this Act.
Requires the EAC to report to Congress on: (1) a proposed security review and certification process for all voting systems used in Federal elections; and (2) operational and management systems applicable to such elections.
Requires the Director of the National Institute of Standards and Technology to provide security consultation services to States and local jurisdictions on the administration of Federal elections.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2313 Introduced in Senate (IS)]
2d Session
S. 2313
To amend the Help America Vote Act of 2002 to require a voter-verified
permanent record or hardcopy under title III of such Act, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 8, 2004
Mr. Graham of Florida (for himself, Mrs. Clinton, Mrs. Boxer, Mr.
Nelson of Florida, Mr. Schumer, Mr. Lautenberg, Mr. Hollings, and Mrs.
Lincoln) introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to require a voter-verified
permanent record or hardcopy under title III of such Act, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Restore Elector
Confidence in Our Representative Democracy Act of 2004'' or the
``RECORD Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Promoting accuracy, integrity, and security through
preservation of a voter-verified permanent
record or hard copy.
Sec. 3. Change in deadline for compliance with standards.
Sec. 4. Extension of Help America Vote Act waiver request deadline;
requirement to deploy interim paper ballot
voting system.
Sec. 5. Requirement for Federal certification of technological security
of voter registration lists.
Sec. 6. Repeal of exemption of Election Assistance Commission from
certain Government contracting
requirements.
Sec. 7. Requirement for mandatory recounts.
Sec. 8. Specific, delineated requirement of study, testing, and
development of best practices.
Sec. 9. Voter verification and audit capacity funding.
Sec. 10. Reports and provision of security consultation services.
Sec. 11. Effective date.
SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH
PRESERVATION OF A VOTER-VERIFIED PERMANENT RECORD OR HARD
COPY.
(a) Voter Verification and Manual 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) Voter verification and manual audit capacity.--
``(A) Voter verification.--
``(i) The voting system shall produce an
individual voter-verifiable paper record of the
vote that shall be made available for
inspection and verification by the voter at the
time the vote is cast.
``(ii) The voting system shall provide the
voter with an opportunity to correct any error
made by the system in the voter-verifiable
paper record before the permanent voter-
verified paper record is preserved in
accordance with subparagraph (B)(i).
``(B) Manual audit capacity.--The permanent voter
verified paper record produced in accordance with
subparagraph (A) shall--
``(i) be preserved within the polling
place, in the manner, if any, in which all
other paper ballots are preserved within that
polling place, or, in the manner employed by
the jurisdiction for preserving paper ballots
in general, for later use in any manual audit;
``(ii) be suitable for a manual audit
equivalent or superior to that of a paper
ballot voting system; and
``(iii) be available as an official record
and shall be the official record used for any
recount conducted with respect to any election
in which the system is used.''.
(2) Prohibition of use of thermal paper.--Section 301(a) of
the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is
amended by adding at the end the following new paragraph:
``(7) Prohibition of use of thermal paper.--The permanent
voter verified paper record produced in accordance with
paragraph (2)(A) shall not be produced on thermal paper, but
shall instead be produced on paper of archival quality.''.
(3) Conforming amendment.--Section 301(a)(1)(A)(ii) of the
Help America Vote Act (42 U.S.C. 15481(a)(1)(A)(ii)) is amended
by inserting ``and before the permanent paper record is
produced under paragraph (2)'' before the semicolon at the end.
(b) Voter Verification of Results for Individuals With
Disabilities.--Section 301(a)(3) of the Help America Vote Act of 2002
(42 U.S.C. 15481(a)(3)) is amended to read as follows:
``(3) Accessibility and voter-verification of results for
individuals with disabilities.--
``(A) In general.--Subject to subparagraph (B), the
voting system shall--
``(i) be accessible for individuals with
disabilities, including nonvisual accessibility
for the blind and visually impaired, in a
manner that provides the same opportunity for
access and participation (including privacy and
independence) as for other voters;
``(ii) satisfy the requirement of
subparagraph (A) through the use of at least
one direct recording electronic voting system
or other voting system equipped for individuals
with disabilities at each polling place, and
such voting system shall meet the requirements
of paragraph (2)(A) by using a mechanism that
separates the function of vote generation from
the function of vote casting without requiring
the voter to view or handle paper; and
``(iii) if purchased with funds made
available under title II on or after January 1,
2006, meet the voting system standards for
disability access (as outlined in this
subparagraph).
``(B) Transitional compliance.--If an interim paper
ballot voting system is deployed in accordance with
section 102(a)(3)(C), with respect to any election for Federal office
held on or after the date of the enactment of the Restore Elector
Confidence in Our Representative Democracy Act of 2004 and before
January 1, 2006, individuals with disabilities shall have the option of
using such interim paper ballot voting system, any voting system
purchased by the State or jurisdiction with funds made available under
section 102, or any other voting system used by the State or
jurisdiction before the date of the enactment of the Restore Elector
Confidence in our Representative Democracy Act of 2004 that may be
accessible for individuals with disabilities. Nothing in this paragraph
shall be construed to waive the disability access requirements of this
Act or the Voting Rights Act of 1965.''.
(c) Additional Voting System Requirements.--Section 301(a) of the
Help America Vote Act of 2002 (42 U.S.C. 15481(a)), as amended by
subsection (a)(2), is amended by adding to the end the following new
paragraphs:
``(8) Instruction of election officials.--Each State shall
ensure that 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.
``(9) Prohibition of use of undisclosed software in voting
systems.--No voting system shall at any time contain or use any
undisclosed software. Any voting system containing or using
software shall disclose the source code, object code, and
executable representation of that software to the Commission,
and the Commission shall make that source code, object code,
and executable representation available for inspection upon
request to any citizen.
``(10) Prohibition of use of wireless communications
devices in voting systems.--No voting system shall use any
wireless communication device.
``(11) Certification of software and hardware.--All
software and hardware used in any electronic voting system
shall be certified by laboratories accredited by the Commission
as meeting the requirements of paragraphs (9) and (10).
``(12) Security standards for manufacturers of 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 meets the requirements described in
subparagraph (B).
``(B) Requirements described.--The requirements
described in this subparagraph are as follows:
``(i) The manufacturer shall document the
chain of custody for the handling of software
used in connection with voting systems.
``(ii) The manufacturer shall ensure that
any software used in connection with the voting
system is not transferred over the Internet.
``(iii) In the same manner and to the same
extent described in paragraph (9), the
manufacturer shall provide the codes used in
any software used in connection with the voting
system to the Commission and may not alter such
codes once certification has occurred unless
such system is recertified.
``(iv) The manufacturer shall implement
procedures to ensure internal security, as
required by the Director of the National
Institute of Standards and Technology.
``(v) The manufacturer shall meet such
other requirements as may be established by the
Director of the National Institute of Standards
and Technology.''.
SEC. 3. CHANGE IN DEADLINE FOR COMPLIANCE WITH STANDARDS.
Section 301(d) of the Help America Vote Act of 2002 (42 U.S.C.
15481(d)) is amended to read as follows:
``(d) Effective Date.--Each State and jurisdiction shall be
required to comply with--
``(1) the requirements of paragraphs (1), (2), (3)(B), (8),
(9), and (10) of section 301(a) in time for elections for
Federal office beginning with the regularly scheduled general
election to be held in November 2004; and
``(2) the other requirements of this section on and after
January 1, 2006.''.
SEC. 4. EXTENSION OF HELP AMERICA VOTE ACT WAIVER REQUEST DEADLINE;
REQUIREMENT TO DEPLOY INTERIM PAPER BALLOT VOTING SYSTEM.
(a) Extension of Help America Vote Act Waiver Request Deadline.--
Section 102(a)(3)(B) of the Help America Vote Act of 2002 (42 U.S.C.
15302(a)(3)(b)) is amended by striking ``January 1, 2004'' and
inserting ``August 1, 2004''.
(b) Requirement To Deploy Interim Paper Ballot Voting System.--
Section 102(a)(3) of the Help America Vote Act of 2002 (42 U.S.C.
15302(a)(3)) is amended by adding at the end the following new
subparagraphs:
``(C) If a State either requests the waiver
described in subparagraph (B) or is unable to comply
with the requirements of section 301 that are due by
November 2004 in accordance with the deadline set forth
in section 301(d), the State shall use a paper ballot
voting system in November 2004 and, so long as such
inability continues, at any time in 2005 that complies
with such requirements of section 301, based on paper
ballot voting systems in use in the jurisdiction, if
any, that shall be deemed compliant with such
requirements of section 301 by the Commission for use
in any Federal election between and including the
general election in November 2004 and the last Federal
election in 2005. The Commission shall reimburse the
State or jurisdiction for any costs incurred in using
such interim paper ballot voting system.
``(D) The Commission will certify voting equipment
that meets the requirements of section 301. States must
use certified voting equipment, or the interim paper
ballot system described in subparagraph (C), or apply
to the Commission for a waiver which the Commission may
grant if the State demonstrates that it is
technologically impossible to comply with such
requirements. States receiving such a waiver shall
submit reports to the Commission demonstrating the
steps the State is taking to remedy the technological
impossibility.''.
SEC. 5. REQUIREMENT FOR FEDERAL CERTIFICATION OF TECHNOLOGICAL SECURITY
OF VOTER REGISTRATION LISTS.
Section 303(a)(3) of the Help America Vote Act of 2002 (42 U.S.C.
15483(a)(3)) is amended by striking ``measures to prevent the'' and
inserting ``measures, as certified by the Election Assistance
Commission, to prevent''.
SEC. 6. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM
CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.
(a) In General.--Section 205 of the Help America Vote Act of 2002
(42 U.S.C. 15325) is amended by striking subsection (e).
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contracts entered into by the Election Assistance
Commission on or after the date of enactment of this Act.
SEC. 7. REQUIREMENT FOR MANDATORY RECOUNTS.
Beginning with the regularly scheduled election for Federal office
to be held in November 2004, the Election Assistance Commission shall
conduct random unannounced manual mandatory recounts of the voter-
verified records of each election for Federal office (and, at the
option of the State or jurisdiction involved, of elections for State
and local office held at the same time as such an election for Federal
office) in 2 percent of the jurisdictions in each State and with
respect to 2 percent of the ballots cast by uniformed and overseas
voters immediately following the election and shall promptly publish
the results of those recounts in the Federal Register. In addition, the
verification system used by the Election Assistance Commission shall
meet the error rate standards described in section 301(a)(5) of the
Help America Vote Act of 2002.
SEC. 8. SPECIFIC, DELINEATED REQUIREMENT OF STUDY, TESTING, AND
DEVELOPMENT OF BEST PRACTICES.
Subtitle C of title II of the Help America Vote Act of 2002 (42
U.S.C. 15381 et seq.) is amended by--
(1) redesignating section 247 as section 248; and
(2) by inserting after section 246 the following new
section:
``SEC. 247. STUDY, TESTING, AND DEVELOPMENT OF BEST PRACTICES TO
ENHANCE ACCESSIBILITY AND VOTER-VERIFICATION MECHANISMS
FOR DISABLED VOTERS.
``The Election Assistance Commission shall study, test, and develop
best practices to enhance accessibility and voter-verification
mechanisms for individuals with disabilities.''.
SEC. 9. VOTER VERIFICATION AND AUDIT CAPACITY FUNDING.
Title II of the Help America Vote Act of 2002 (42 U.S.C. 15321 et
seq.) is amended by adding at the end the following new part:
``PART 7--VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING
``SEC. 297. VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING.
``(a) Payments to States.--Subject to subsection (b), not later
than the date that is 30 days after the date of the enactment of the
Restore Elector Confidence in Our Representative Democracy Act of 2004,
the Election Assistance Commission shall pay to each State an amount to
assist the State in paying for the implementation of the voter-
verification and audit capacity requirements of paragraphs (2) and (3)
of section 301(a), as amended by subsections (a) and (b) of section 2
of such Act.
``(b) Limitation.--The amount paid to a State under subsection (a)
for each voting system purchased by a State may not exceed the average
cost of adding a printer with accessibility features to each type of
voting system that the State could have purchased to meet the
requirements described in such subsection.
``SEC. 298. APPROPRIATION.
``There are authorized and appropriated $150,000,000 to the
Election Assistance Commission, without fiscal year limitation, to make
payments to States in accordance with section 297(a). In addition,
there are authorized and appropriated $5,000,000 to the Election
Assistance Commission for each of fiscal years 2004 through 2006, in
addition to any amounts otherwise appropriated, for providing
reimbursement to States and jurisdictions for costs incurred in using
the interim paper ballot voting system in accordance with section
102(a)(3)(C). Furthermore, there are authorized and appropriated
$5,000,000 to the Election Assistance Commission, for each of fiscal
years 2004 through 2006, in addition to any amounts otherwise
appropriated for administrative costs to assist with conducting
recounts, the implementation of voter verification systems, and
improved security measures.''.
SEC. 10. REPORTS AND PROVISION OF SECURITY CONSULTATION SERVICES.
Subtitle C of title II of the Help America Vote Act of 2002 (42
U.S.C. 15381 et seq.), as amended by section 8, is amended by--
(1) redesignating section 248 as section 249; and
(2) by inserting after section 247 the following new
section:
``SEC. 248. REPORTS AND PROVISION OF SECURITY CONSULTATION SERVICES.
``(a) Report to Congress on Security Review.--Not later than 6
months after the date of the enactment of the Restore Elector
Confidence in Our Representative Democracy Act of 2004, the Commission,
in consultation with the Director of the National Institute of
Standards and Technology, shall submit to Congress a report on a
proposed security review and certification process for all voting
systems used in elections for Federal office, including a description
of the certification process to be implemented under section 231.
``(b) Report to Congress on Operational and Management Systems.--
Not later than 3 months after the date of the enactment of the Restore
Elector Confidence in Our Representative Democracy Act of 2004, the
Commission shall submit to Congress a report on operational and
management systems applicable with respect to elections for Federal
office, including the security standards for manufacturers described in
section 301(a)(7), that should be employed to safeguard the security of
voting systems, together with a proposed schedule for the
implementation of each such system.
``(c) Provision of Security Consultation Services.--
``(1) In general.--On and after the date of the enactment
of the Restore Elector Confidence in Our Representative
Democracy Act of 2004, the Director of the National Institute
of Standards and Technology shall provide security consultation
services to States and local jurisdictions with respect to the
administration of elections for Federal office.
``(2) Appropriation.--To carry out the purposes of
paragraph (1), $2,000,000 is appropriated for each of fiscal
years 2004 through 2006.''.
SEC. 11. EFFECTIVE DATE.
Except as provided in section 6(b), the amendments made by this Act
shall take effect as if included in the enactment of the Help America
Vote Act of 2002.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4051-4052)
Read twice and referred to the Committee on Rules and Administration.
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