[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 278 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 278

To amend the Help America Vote Act of 2002 to require voting systems to 
 produce a verifiable paper record of each vote cast and to ensure the 
          security of electronic data, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2005

 Mr. King of Iowa 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 voting systems to 
 produce a verifiable paper record of each vote cast and to ensure the 
          security of electronic data, 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 ``Know Your Vote Counts Act of 2005''.

SEC. 2. ADDITIONAL REQUIREMENTS FOR VOTING SYSTEMS.

    (a) Production of Permanent, Individually Verifiable Paper Record 
of Each Vote Cast.--Section 301(a)(2)(B) of the Help America Vote Act 
of 2002 (42 U.S.C. 15481(a)(2)(B)) is amended--
            (1) by redesignating clause (iii) as clause (iv); and
            (2) by striking clauses (i) and (ii) and inserting the 
        following:
                            ``(i) After the voter enters a vote on the 
                        voting system, the system shall provide the 
                        voter with an auditable paper record showing 
                        how the vote will be recorded by the system, 
                        and the voter shall use such record to verify 
                        that the vote shown is the vote the voter 
                        intends to cast.
                            ``(ii) If the voter does not verify that 
                        the vote shown on a record provided under 
                        clause (i) is the vote the voter intends to 
                        cast, the system shall provide the voter with 
                        the opportunity to change the ballot and 
                        correct any error in the vote, and shall 
                        provide the voter with a new auditable paper 
                        record under such clause that reflects the 
                        change or correction made by the voter.
                            ``(iii) Once a voter verifies that the vote 
                        shown on a paper record provided under clause 
                        (i) is the vote the voter intends to cast 
                        (whether verified as originally entered or as 
                        changed and corrected as described in clause 
                        (ii)), the vote shall be final and the record 
                        shall serve as a permanent paper record of the 
                        vote.''.
    (b) Prohibiting Removal of Paper Record From Polling Place; 
Clarifying Purposes for Which Record May Be Used.--Clause (iv) of 
section 301(a)(2)(B) of such Act (42 U.S.C. 15481(a)(2)(B)), as 
redesignated by subsection (a)(1), is amended by striking the period at 
the end and inserting the following: ``, and for such other official 
purposes as may be provided under State law, and may be removed from 
the polling place by and otherwise made available to an appropriate 
election official for such purposes, but the record (including any 
duplicate of the record or any photographic image of the record) may 
not be removed from the polling place by any other person or for any 
other purpose.''.
    (c) Requiring Voluntary Voting System Guidelines to Include 
Guidelines to Ensure Security of Electronic Data.--Section 221(b)(1) of 
such Act (42 U.S.C. 15361(b)(1)) is amended by striking the period at 
the end and inserting the following: ``, including guidelines to ensure 
the security of any data which is transmitted or received 
electronically by voting systems''.

SEC. 3. EFFECTIVE DATE.

    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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