[Congressional Record Volume 149, Number 176 (Tuesday, December 9, 2003)]
[Senate]
[Page S16122]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRAHAM of Florida:
  S. 1980. 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; to the Committee on Rules and 
Administration.
  (At the request of Mr. Daschle, the following statement was ordered 
to be printed in the Record.)
 Mr. GRAHAM of Florida. Mr. President, today I rise to 
introduce the Voter Confidence and Increased Accessibility Act.
  In 2000, Florida grabbed the national spotlight as an unfortunate 
example of an electoral process gone awry. The question of who would 
assume our Nation's highest office became contingent on such things as 
whether a chad was bulging or hanging. In the aftermath of that 
debacle, Americans demand that Congress improve the accuracy and 
integrity of our electoral process. Congress responded with the Help 
America Vote Act (HAVA), which we passed in 2002.
  HAVA aimed to modernize our electoral system and there have been some 
positive developments. Under the law, States have replaced punch card 
and lever voting systems with modern computer voting machines. 
Modernization, however, has failed to overcome all the pitfalls seen in 
recent elections. In 2002, Floridians were subject to another failure 
of our electoral process when a software error failed to court 
approximately 100,000 votes.
  As it now stands, computer-voting systems--including the popular 
touch screen models--are not mandated to include a paper record 
verifying voter intent. In the absence of a paper trail, confirming the 
accuracy of a computer voting machine is very difficult, sometimes even 
impossible. Further, voting irregularities, security intrusions and 
electronic errors can go unnoticed. We have a duty to our democracy to 
continue to address challenges that threaten to undermine the security 
and reliability of our electoral system.
  The Voter Confidence & Increased Accessibility Act renews our 
commitment to fulfilling that obligation. It will take us one step 
closer to our ultimate goal: ensuring that every vote really counts. 
This legislation responds to a set of challenges presented by computer 
voting systems. It would require all voting systems produce a 
verifiable paper record. States would also be given assistance in 
meeting this standard through funds dedicated to HAVA.
  The Voter Confidence & Increased Accessibility Act also stipulates 
several other provisions to ensure that every vote really counts. It 
would prohibit the use of unreported software and wireless 
communication devices in all voting systems. It would also restrict 
electronic communications from voting machines, permitting outgoing 
transmissions of vote totals only.
  The legislation specifies that voting systems must comply with these 
standards in time for the November 2004 general election. In the event 
that a locality is unable to get their computer voting systems 
compliant by this deadline, they are authorized to use a paper system 
as an interim measure. The Federal Government would be authorized to 
pay the cost of these paper systems for the November 2004 election.
  The Voter Confidence & Increased Accessibility Act also requires that 
individuals with disabilities must be accommodated with electronic 
voting systems by January 1, 2006, a year earlier than mandated by 
HAVA. While a paper record of a disabled persons vote is not expressly 
required, voting systems for disabled persons must include a means for 
voter verification. In the event a jurisdiction cannot meet this 
standard, disabled voters must be given the option to utilize a 
temporary paper system, with the assistance of an aide of their 
choosing.
  Finally, the legislation would require the Election Assistance 
Commission to conduct unannounced recounts in .5 percent of domestic 
jurisdictions and .5 percent of overseas jurisdictions. This way, 
Congress and America's voters can be assured that the election 
equipment is operating properly, and votes are really being counted.
  Creating these new standards will help ensure that our elections 
accurately reflect the intent of the voting public, and put into place 
an election system in which Americans can have full confidence.
                                 ______