[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.
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