[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4966 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4966
To amend the Help America Vote Act of 2002 to require the software used
in the operation of an electronic voting machine to meet certain
requirements as a condition of the use of the machine in elections for
Federal office, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2004
Mr. Larson of Connecticut introduced the following bill; which was
referred to the Committee on House Administration
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to require the software used
in the operation of an electronic voting machine to meet certain
requirements as a condition of the use of the machine in elections for
Federal office, 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.
This Act may be cited as the ``Improving Electronic Voting
Standards and Disclosure Act of 2004''.
SEC. 2. REQUIREMENTS FOR SOFTWARE USED IN ELECTRONIC VOTING MACHINES IN
FEDERAL ELECTIONS.
(a) In General.--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) Specific requirements for software used in electronic
voting machines.--In addition to any other requirements under
this subsection, a State or other jurisdiction may not use an
electronic voting system in an election for Federal office
unless--
``(A) the manufacturer of the software used in the
operation of the system has provided the State with an
updated copy of the software used in the operation of
the system;
``(B) not later than 30 days before the date of the
election (and at least once on the date of the
election) the State tests each voting machine used in
the system to ensure that the software used in the
operation of the system is working correctly; and
``(C) the manufacturer of the software used in the
operation of the system has provided the Commission
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 fraud.''.
(b) Deadline for Adoption of Voluntary Guidance by Commission.--
Section 311(b)(1) of such Act (42 U.S.C. 15501(b)(1)) is amended by
striking ``January 1, 2004'' and inserting ``January 1, 2004 (or
January 1, 2006, with respect to subsection (a)(7) of such section)''.
SEC. 3. 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 the Help America Vote Act of
2002 (42 U.S.C. 15371(b)) is amended by adding at the end the following
new paragraph:
``(3) Prohibiting conflicts of interest.--A laboratory may
not be accredited by the Commission for purposes of this
section unless the laboratory meets such standards as the
Commission may establish to prevent the existence or appearance
of any conflict of interest in the testing, certification,
decertification, and recertification 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.''.
(b) Deadline for Establishment of Standards.--The Election
Assistance Commission shall establish the standards described in
section 231(b)(3) of the Help America Vote Act of 2002 (as added by
subsection (a)) not later than January 1, 2006.
SEC. 4. POSTING OF NOTICE OF AVAILABILITY OF ADMINISTRATIVE COMPLAINT
PROCEDURES IN CASE OF FAILURE OF VOTING MACHINES.
Section 303(b)(2) of the Help America Vote Act of 2002 (42 U.S.C.
15482(b)(2)) is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G); and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) information regarding the availability of the
administrative complaint procedures for individuals who
believe that a voting machine or other equipment used
in the election is not working properly or who
otherwise believe that a State or jurisdiction is not
in compliance with the requirements of this Act;''.
SEC. 5. EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this Act shall
apply with respect to the regularly scheduled general election for
Federal office in November 2006 and each subsequent election for
Federal office.
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