[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 470 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 470

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

                            February 1, 2005

  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 2005''.

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 type of voting machine 
                used in the system to ensure that the software used in 
                the operation of that type of machine 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.

    (a) Posting of Notice.--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;''.
    (b) Clarification of Standing Required for Filing Complaint.--
Section 402(a) of such Act (42 U.S.C. 15512(a)) is amended--
            (1) in paragraph (2)(B), by inserting ``(subject to 
        paragraph (3)'' after ``any person''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Clarification of standing required for filing 
        complaint relating to failure of voting machine or other 
        equipment.--An individual may not file a complaint under this 
        subsection with respect to an allegation that a voting machine 
        or other equipment used in an election is not working properly 
        unless the individual is eligible to cast a vote on or 
        otherwise use the machine or equipment which is the subject of 
        the complaint.''.

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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