[Congressional Record Volume 150, Number 10 (Monday, February 2, 2004)]
[Senate]
[Pages S371-S375]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER:
  S. 2045. 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.
  Mrs. BOXER. Mr. President, today I am introducing the Secure and 
Verifiable Electronic Voting Act of 2004.
  The 2000 presidential election exposed a number of serious problems 
with the accuracy and fairness of election procedures in this country, 
as well as the reliability of certain types of voting technology. As a 
result of these irregularities, many eligible voters were effectively 
disenfranchised and thus deprived of one of their most fundamental 
rights. This is not acceptable in a democracy such as ours.
  Our constituents demanded better and we responded.
  In 2002, Congress passed the Help America Vote Act (HAVA). This 
important legislation sets Federal minimum standards for voting 
systems, including requiring that the equipment used is reliable, 
accurate, and accessible to all. It encourages the use of direct 
recording electronic voting systems to replace the outdated punch card 
and lever machines. It also requires that voting systems provide voters 
the opportunity to correct errors and that they produce a permanent 
record with a manual audit capacity.
  However, HAVA does not go far enough. As we move our voting systems 
into the 21st century, we need to ensure the greatest level of 
accountability possible. Voters need to have confidence in the 
technology that they're using, and they need to be assured that their 
votes will be counted exactly as they are cast. It is imperative that 
any voting system certified by the Federal Government provides these 
assurances.
  In my home State of California, we are already using touch-screen 
voting machines in some areas--28 percent of the precincts by the March 
primary. But, these machines currently do not leave any paper trail and 
cannot be verified for complete accuracy. We need an electronic voting 
system that is modern, secure, and verifiable. The State of California 
is taking these steps. Secretary of State Kevin Shelley has required 
the use of voter-verified paper audit trails and safety measures, such 
as manufacturer security, local testing of machines, and random audits 
of system software. These practices need to be in place nationwide.
  My bill, the Secure and Verifiable Electronic Voting Act--the SAVE 
Voting Act would require that a voter-verified paper trail for each 
vote cast be in place for the November 2004 elections. What that means 
is this: after an individual votes, he or she will have the opportunity 
to review the vote on a

[[Page S375]]

piece of paper, before it becomes part of the official record. If there 
is a discrepancy, the voter will have an opportunity to change his or 
her vote before it is recorded in the official record. This paper 
record will then be the official permanent record used for any recount 
or verification.
  The SAVE Voting Act would also create greater security standards by 
making sure that access to the software is limited to approved 
personnel who have had background checks. It would require that any 
software used is not transmitted over the Internet, that the Election 
Assistance Commission certifies any and all software used in voting 
systems, and that the certified code be made available to the public 
for review. These security measures help to ensure, up front, that the 
electronic voting systems we use are safeguarded.
  The SAVE Voting Act would ensure that a permanent paper record is 
truly, a permanent paper record by banning the use of thermal paper. 
Thermal paper has many flaws, including the potential to fade or 
receive unintended marks, making the vote illegible.
  Finally, recognizing the current cashed-strapped plight of the 
States, my legislation would provide immediate financial assistance to 
States to help cover the cost of adding printers to electronic voting 
systems.
  In a democracy, the vote of every citizen counts. We must make sure 
that every citizen's vote is counted--and counted accurately and fairly 
so that the American people have confidence in the results. HAVA was a 
good first step. The SAVE Voting Act is the next step, and I encourage 
my colleagues to join me in this effort.
                                 ______