[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5229 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5229

 To amend the Help America Vote Act of 2002 to establish standards for 
  the transparent and accurate tabulation of votes and aggregation of 
  vote counts in elections for Federal office, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2010

   Mr. Holt 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 establish standards for 
  the transparent and accurate tabulation of votes and aggregation of 
  vote counts 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 ``Vote Tabulation Audit Act of 2010''.

SEC. 2. REQUIRING STATES TO MEET STANDARDS FOR TRANSPARENT AND ACCURATE 
              TABULATION OF VOTES AND AGGREGATION OF VOTE COUNTS.

    (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) Requirements for transparency in tabulation of votes 
        and aggregation of vote counts.--
                    ``(A) Requirements.--In tabulating votes and 
                determining the aggregate vote count in any election 
                for Federal office, each State shall meet the following 
                requirements:
                            ``(i) Upon the closing of the polls at each 
                        polling place, the appropriate election 
                        official shall tabulate each of the following:
                                    ``(I) The number of regular ballots 
                                cast on each voting machine, and the 
                                number cast by hand on regular or 
                                emergency ballots, at the polling 
                                place.
                                    ``(II) The number of votes per 
                                candidate (excluding over-votes).
                                    ``(III) The number of spoiled 
                                ballots.
                                    ``(IV) The number of over-votes, 
                                under-votes, and blank votes (or their 
                                equivalent) for each candidate.
                                    ``(V) The number of provisional 
                                ballots cast, both on paper and by 
                                voting machine.
                                    ``(VI) The serial number or numbers 
                                (in the case of a system with more than 
                                one such number), model, and 
                                manufacturer of each voting system on 
                                which votes were recorded at the 
                                polling place.
                                    ``(VII) The total number of 
                                individuals who appeared at the polling 
                                place to cast ballots, determined by 
                                reference to the number of signatures 
                                in a sign-in book or other similar 
                                independent count.
                                    ``(VIII) The total number of voters 
                                who cast ballots in all elections for 
                                Federal office on the ballot at the 
                                polling place.
                                    ``(IX) Such other information as 
                                the State may require.
                            ``(ii) The appropriate election officials 
                        at the polling place shall prepare a 
                        preliminary certification of the vote count at 
                        the polling place (as tabulated under clause 
                        (i)) under the observation of the certified 
                        tabulation observers admitted to the polling 
                        place under subparagraph (F) (if any), shall 
                        announce the vote count orally, and shall 
                        prepare and post a paper copy of the 
                        preliminary certification for the admitted 
                        tabulation observers at the polling place. Such 
                        officials shall ensure that each of the 
                        certified tabulation observers admitted to the 
                        polling place has full access to observe the 
                        process by which the preliminary certification 
                        is produced and a reasonable period of time to 
                        review the preliminary certification before the 
                        polling place is closed, and (if feasible) 
                        shall provide such observers with identical 
                        duplicate certificates.
                            ``(iii) After the requirements of clause 
                        (ii) are met, the appropriate election 
                        official, in the manner prescribed by 
                        applicable State or local law, shall transmit 
                        the information contained in such preliminary 
                        certification to the central vote tabulation 
                        center designated for the tabulation of votes 
                        by the chief State election official.
                            ``(iv) As soon as practicable after 
                        information is entered into the central vote 
                        tabulation center under clause (iii), 
                        subparagraph (B) (with respect to early votes), 
                        subparagraph (C) (with respect to absentee 
                        ballots), and subparagraph (D) (with respect to 
                        provisional ballots counted as votes in the 
                        election), the appropriate election official 
                        shall display (at a prominent location 
                        accessible to the public during regular 
                        business hours and in or within reasonable 
                        proximity to the polling place) a paper copy of 
                        the preliminary certification prepared under 
                        clause (ii), and the information shall be 
                        displayed on the official public websites of 
                        the applicable local election official and 
                        chief State election official in a manner which 
                        displays, together with the name of the 
                        designated voting official who entered the 
                        information and the date and time the 
                        information was entered, each of the following:
                                    ``(I) The information tabulated 
                                under clause (i).
                                    ``(II) The number of early ballots 
                                cast on each day of the early voting 
                                period.
                                    ``(III) The aggregate number of 
                                early votes cast for each candidate.
                                    ``(IV) The number of absentee 
                                ballots received on each day on which 
                                such ballots are permitted to be 
                                received and counted under State law.
                                    ``(V) The aggregate number of 
                                absentee votes cast for each candidate.
                                    ``(VI) The aggregate number of 
                                provisional ballots cast.
                                    ``(VII) The number of provisional 
                                votes cast for each candidate.
                        In no event may the information required to be 
                        displayed under this clause be displayed later 
                        than noon on the day following the date of the 
                        election (or, with respect to information on 
                        early votes, absentee ballots, and provisional 
                        ballots, prior to the closing of the polls on 
                        the date of the election or later than noon on 
                        the day following the date on which the votes 
                        and ballots are counted). All of the 
                        information required to be posted under this 
                        clause shall be presented in a format under 
                        which any individual may visit the website and 
                        view and download all of the information.
                            ``(v) Each website on which information is 
                        posted under clause (iv) shall include 
                        information on the procedures by which 
                        discrepancies shall be reported to election 
                        officials. If any discrepancy exists between 
                        the posted information and the relevant 
                        preliminary certification, the appropriate 
                        election official shall display information on 
                        the discrepancy on the website on which the 
                        information is posted under clause (iv) not 
                        later than 24 hours after the official is made 
                        aware of the discrepancy, and shall maintain 
                        the information on the discrepancy and its 
                        resolution (if applicable) on such website 
                        during the entire period for which results of 
                        the election are typically maintained on such 
                        website.
                            ``(vi) The appropriate election official 
                        shall preserve archived copies of the 
                        preliminary certifications prepared under 
                        clause (ii) and reports of discrepancies filed 
                        by certified tabulation observers for the 
                        period of time during which records and papers 
                        are required to be retained and preserved 
                        pursuant to title III of the Civil Rights Act 
                        of 1960 (42 U.S.C. 1974 et seq.) or for the 
                        same duration for which archived copies of 
                        other records of the election are required to 
                        be preserved under applicable State law, 
                        whichever is longer.
                    ``(B) Treatment of ballots cast at early voting 
                sites.--
                            ``(i) Application.--The requirements of 
                        this subparagraph shall apply with respect to 
                        the preliminary certification of the tabulation 
                        of, and the public posting of information 
                        related to, ballots cast by individuals in 
                        person at designated sites prior to the date of 
                        the election.
                            ``(ii) Daily count of early ballots cast.--
                        At the close of business on each day on which 
                        ballots described in clause (i) may be cast 
                        prior to the date of the election, the 
                        appropriate election official at each such site 
                        shall--
                                    ``(I) post a preliminary count of 
                                the total number of individuals who 
                                appeared at the site to cast ballots, 
                                determined by reference to the number 
                                of signatures in a sign-in book or 
                                other similar independent count, and 
                                the total number of ballots cast 
                                (excluding information on the votes 
                                received by individual candidates);
                                    ``(II) under the observation of 
                                certified tabulation observers admitted 
                                to the site under subparagraph (F) (if 
                                any), prepare and post a paper copy of 
                                a preliminary certification of the 
                                information described in subclause (I), 
                                and shall ensure that each of the 
                                certified tabulation observers admitted 
                                to the site has full access to observe 
                                the process by which the preliminary 
                                certification is produced and a 
                                reasonable period of time to review the 
                                preliminary certification before the 
                                site is closed; and
                                    ``(III) display at the site during 
                                regular business hours for the duration 
                                of the early voting period a paper copy 
                                of the preliminary certification 
                                prepared under subclause (II).
                            ``(iii) Application of general tabulation 
                        requirements.--Upon the closing of the polls on 
                        the date of the election, the appropriate 
                        election official at the site at which such 
                        ballots are secured shall meet the requirements 
                        of subparagraph (A) with respect to such 
                        ballots (including requirements relating to the 
                        role of certified tabulation observers) in the 
                        same manner as an election official at a 
                        polling place.
                    ``(C) Treatment of absentee ballots.--
                            ``(i) Daily count of ballots mailed and 
                        received.--At the close of each business day on 
                        which a State mails or accepts absentee ballots 
                        cast in an election for Federal office prior to 
                        the date of the election, the appropriate 
                        election official shall--
                                    ``(I) tabulate the total number of 
                                absentee ballots mailed and received by 
                                the official during that day and a 
                                separate count of the number of 
                                absentee ballots received but rejected 
                                (separated into categories of the 
                                reasons for rejection);
                                    ``(II) under the observation of 
                                certified tabulation observers admitted 
                                under subparagraph (F) to the site at 
                                which the ballots are mailed and 
                                received (if any), prepare and post a 
                                paper copy of a preliminary 
                                certification of the information 
                                described in subclause (I), and ensure 
                                that each of the certified tabulation 
                                observers admitted to the site has full 
                                access to observe the process by which 
                                the preliminary certification is 
                                produced and a reasonable period of 
                                time to review the preliminary 
                                certification before the site is 
                                closed; and
                                    ``(III) display at the site during 
                                regular business hours for the duration 
                                of the period during which absentee 
                                ballots are processed a paper copy of 
                                the preliminary certification prepared 
                                under subclause (II).
                            ``(ii) Application of general tabulation 
                        requirements.--At the close of business on the 
                        last day on which absentee ballots are counted 
                        prior to the certification of the election, the 
                        appropriate election official at the site at 
                        which absentee ballots are received and counted 
                        shall meet the requirements of subparagraph (A) 
                        with respect to such ballots (including 
                        requirements relating to the role of certified 
                        tabulation observers) in the same manner as an 
                        election official at a polling place.
                    ``(D) Treatment of provisional ballots.--At the 
                close of business on the day on which the appropriate 
                election official determines whether or not provisional 
                ballots cast in an election for Federal office will be 
                counted as votes in the election (as described in 
                section 302(a)(4)), the official shall--
                            ``(i) post a preliminary count of the 
                        number of such ballots for which a 
                        determination was made, the number of ballots 
                        counted, and the number of ballots rejected 
                        (separated into categories of the reason for 
                        the rejection);
                            ``(ii) under the observation of certified 
                        tabulation observers admitted under 
                        subparagraph (F) to the site at which the 
                        determination is made (if any), prepare and 
                        post a paper copy of a preliminary 
                        certification of the information described in 
                        clause (i), and ensure that each of the 
                        certified tabulation observers admitted to the 
                        site has full access to observe the process by 
                        which the preliminary certification is produced 
                        and a reasonable period of time to review the 
                        preliminary certification before the site is 
                        closed; and
                            ``(iii) display at the site during regular 
                        business hours for the duration of the period 
                        during which provisional ballots are processed 
                        a paper copy of the preliminary certification 
                        prepared under clause (ii).
                    ``(E) Requirements in case of system failure during 
                tabulation.--The appropriate election officials shall 
                prepare and post contingency plans which will enable 
                the officials to meet the requirements of this 
                paragraph in the event of machine failure.
                    ``(F) Admission of certified tabulation 
                observers.--
                            ``(i) Certified tabulation observer 
                        defined.--In this paragraph, a `certified 
                        tabulation observer' is an individual who is 
                        certified by an appropriate election official 
                        as authorized to carry out the responsibilities 
                        of a certified tabulation observer under this 
                        paragraph.
                            ``(ii) Selection.--In determining which 
                        individuals to certify as tabulation observers 
                        and admit to a polling place or other location 
                        to serve as certified tabulation observers with 
                        respect to an election for Federal office, the 
                        election official shall give preference to 
                        individuals who are affiliated with a candidate 
                        in the election, except that--
                                    ``(I) the number of individuals 
                                admitted who are affiliated with the 
                                same candidate for Federal office may 
                                not exceed one; and
                                    ``(II) the maximum number of 
                                individuals who may be admitted shall 
                                equal the number of candidates in the 
                                election plus 3, or such greater number 
                                as may be authorized under State law.
                            ``(iii) Responsibilities of election 
                        officials.--The appropriate election official 
                        shall provide certified tabulation observers 
                        with assistance and materials necessary to 
                        enable the observers to carry out their 
                        responsibilities under this paragraph, 
                        including--
                                    ``(I) providing not fewer than 2 
                                hours of training;
                                    ``(II) providing sample preliminary 
                                certification reports consistent with 
                                the reports which will be used on the 
                                date of the election; and
                                    ``(III) furnishing each observer 
                                with an appropriate badge or other 
                                identification which may be worn while 
                                the observer is exercising the 
                                observer's function under this 
                                paragraph.
                            ``(iv) No effect on admission of other 
                        observers.--Nothing in this subparagraph may be 
                        construed to limit or otherwise affect the 
                        authority of other individuals to enter and 
                        observe polling place operations under any 
                        other law, including international observers 
                        authorized under any treaty or observers of the 
                        Federal Government authorized under the Voting 
                        Rights Act of 1965.
                    ``(G) Mandatory hand recount in case of unresolved 
                discrepancy.--
                            ``(i) Recount in the case of unresolved 
                        discrepancy required prior to certification of 
                        result.--If the chief State election official 
                        determines, on the basis of information 
                        reported under subparagraph (A), that there is 
                        an unresolved discrepancy between the 
                        information posted on the website of the chief 
                        State election official and the preliminary 
                        certification provided to a certified 
                        tabulation observer under subparagraph (A) for 
                        any precinct in which ballots are cast in an 
                        election, the chief State election official may 
                        not issue a final certification of the results 
                        of the election until the appropriate election 
                        official has completed a hand count of the 
                        ballots cast in the election in the precinct in 
                        which the unresolved discrepancy exists, using 
                        the voter-marked paper ballots or voter-
                        verifiable paper records of votes cast on 
                        voting machines if required by Federal or State 
                        law or used in the jurisdiction, or (if not so 
                        required or used) the permanent paper records 
                        required to be produced under paragraph (2).
                            ``(ii) Posting of information.--The chief 
                        State election official shall ensure that the 
                        information obtained during the hand count 
                        conducted under clause (i), including the final 
                        certified vote totals, shall be displayed on 
                        the official public websites of the applicable 
                        local election official and chief State 
                        election official using the same categories and 
                        in the same manner applicable to the 
                        information required to be displayed with 
                        respect to a preliminary vote count under 
                        subparagraph (A)(iv).
                    ``(H) No effect on other tabulation requirements.--
                Nothing in this Act may be construed to supersede any 
                requirement that an election official at a polling 
                place report vote totals to a central tabulation 
                facility and address discrepancies the official finds 
                in the aggregation of those totals with other vote 
                totals.''.
    (b) Effective Date.--Section 301(d) of such Act (42 U.S.C. 
15481(d)) is amended by striking ``January 1, 2006'' and inserting 
``January 1, 2006 (or, in the case of the requirements of subsection 
(a)(7), shall meet such requirements with respect to each election for 
Federal office held after the expiration of the 1-year period which 
begins on the date of the enactment of the Vote Tabulation Audit Act of 
2010)''.

SEC. 3. PAYMENTS TO STATES TO COVER COSTS OF CARRYING OUT TABULATIONS 
              AT CERTAIN POLLING PLACES OF VOTES CAST ON PAPER OPTICAL 
              SCAN BALLOTS.

    (a) Payments.--Subtitle D of 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--PAYMENTS TO COVER COSTS OF TABULATIONS OF VOTES CAST ON PAPER 
                          OPTICAL SCAN BALLOTS

``SEC. 297. PAYMENTS TO STATES TO COVER COSTS OF CARRYING OUT 
              TABULATIONS AT CERTAIN POLLING PLACES OF VOTES CAST ON 
              PAPER OPTICAL SCAN BALLOTS.

    ``(a) Payments to States.--The Commission shall make payments to 
reimburse eligible States for the costs incurred in obtaining and 
operating the equipment necessary to tabulate at the polling places 
described in subsection (c) the votes cast on any paper optical scan 
ballots used at such polling places, as required under section 
301(a)(7)(A)(i).
    ``(b) Amount of Payment.--The amount of the payment made to a State 
under this part shall be based upon the reasonable costs incurred by 
the State in obtaining and operating the equipment described in 
subsection (a), as determined on the basis of information provided by 
the State at such time and in such form as the Commission may require.
    ``(c) Polling Places Described.--A polling place is described in 
this subsection if, with respect to the most recent elections for 
Federal office held in the State prior to the enactment of the Vote 
Tabulation Audit Act of 2010--
            ``(1) the votes cast in the election were cast on paper 
        optical scan ballots; and
            ``(2) the votes cast on such ballots were not tabulated at 
        the polling place but at a central count optical scan facility 
        in the State.

``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated for payments under this 
part such sums as may be necessary, to remain available until 
expended.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the item relating to subtitle D of 
title II the following:

``Part 7--Payments To Cover Costs of Tabulations of Votes Cast on Paper 
                          Optical Scan Ballots

``Sec. 297. Payments to States to cover costs of carrying out 
                            tabulations at certain polling places of 
                            votes cast on paper optical scan ballots.
``Sec. 297A. Authorization of appropriations.''.

SEC. 4. ADOPTION OF MODEL POSTING FORMAT BY ELECTION ASSISTANCE 
              COMMISSION.

    (a) Adoption of Model Format.--Part 3 of subtitle B of title II of 
the Help America Vote Act of 2002 (42 U.S.C. 15361 et seq.) is amended 
by adding at the end the following new section:

``SEC. 223. MODEL FORMAT FOR POSTING TABULATION OF VOTES AND AGGREGATE 
              VOTE COUNTS.

    ``(a) Adoption of Model Format.--In the same manner as the 
Commission adopts the voluntary voting system guidelines under section 
222, the Commission shall adopt a model format for the posting of the 
tabulation of votes and aggregate vote counts which may be used by 
States in meeting the requirements for the tabulation and aggregation 
of vote counts produced by voting systems under section 301(a)(7).
    ``(b) Development of Proposed Model Format by Development 
Committee.--In addition to the duties described in section 221(b), the 
Development Committee shall develop and forward to the Executive 
Director of the Commission a proposed model format for the Commission 
to adopt under this section.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to part 3 of 
subtitle B of title II the following new item:

``Sec. 223. Model format for posting tabulation of votes and aggregate 
                            vote counts.''.
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