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H.R. 811, The Voter Confidence and Increased Accessibility Act of 2007

  • This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.

Comparing original version (created by webmaster) with revision saved on June 13, 2007, 17:55:10 (webmaster):

H.R. 811 would amend the Help America Vote Act of 2002 to require a voter-verified permanent paper ballot under title III of such Act.

== Detailed Summary ==

<summary>
Voter Confidence and Increased Accessibility Act of 2007 - (Sec. 2) Amends the Help America Vote Act of 2002 (HAVA) with respect to: (1) ballot verification and mandatory paper recordto revise requirements for the audit capacity; and (2) accessibility and ballot verificationcapacity of resultsvoting systems, particularly those for individuals with disabilities.a permanent paper record.

Requires the Director of the National Institute of Standards and Technologyvoting system to study, test, and develop best practices to enhancerequire the accessibilityuse of or produce an individual, durable, voter-verified paper ballot verification mechanismsof the voter's vote, created by or made available for individuals with disabilities, voters whose primary languageinspection and verification by the voter before the voter's vote is not English,cast and voterscounted. Requires the voting system to provide the voter with difficultiesan opportunity to correct any system-made error in literacy.the voter-verified paper ballot before it is permanently preserved.

Requires laboratorieseach ballot produced to meet standards prohibiting conflicts of interest asbe: (1) suitable for a condition of accreditation for the testingmanual audit equivalent to that of a paper ballot voting system hardwaresystem; and software.(2) counted by hand in any recount or audit conducted with respect to any federal election.

Outlines additional voting system requirements and prohibitions.Sets forth a special rule for treatment of disputes when paper ballots have been shown to be compromised.

ExtendsRevises the authorizationrequirements for accessibility and ballot verification for individuals with disabilities. Requires a system that: (1) allows the voter to privately and independently verify the individual, durable paper ballot through the conversion of the Election Assistance Commission (EAC). human-readable printed or market vote selections into accessible form; (2) ensures that the entire process of ballot verification and vote casting is equipped for individuals with disabilities; and (3) does not preclude the supplementary use of Braille or tactile ballots.

ProvidesRequires the Director of the National Institute of Standards and Technology to study, test, and develop best practices to enhance the accessibility of ballot verification mechanisms for complaintsindividuals with disabilities, voters whose primary language is not English, and voters with difficulties in literacy. Authorizes appropriations.

Outlines additional voting system requirements and prohibitions.

Requires a notice in a prominent location in the polling place advising voters that: (1) the paper ballots representing their votes shall serve as the vote of record in all audits and recounts in federal elections; and (2) they should not leave the voting booth until confirming that such paper ballots accurately recorded their vote.

Prohibits the use of uncertified election dedicated voting system technologies. Requires an accredited laboratory with which such technology has been deposited
to hold it in escrow and disclose it, along with related information, to qualified persons (including governmental entities and parties to litigation challenging election administration or results) who have entered certain non-disclosure agreements or to whom state law requires the Attorney Generallaboratory to disclose it.

Prohibits a voting system from containing, using, or being accessible
by persons aggrieved by violationsany wireless, power-line, or concealed communication device, except state-certified enclosed infrared communications devices which cannot be used: (1) for any remote or wide area communications; or (2) without the knowledge of HAVA.poll workers.

Prohibits connection to the Internet at any time of any component of any voting device upon which ballots are programmed or votes are cast or tabulated.

Specifies security standards for voting systems used in federal elections. Directs the Election Assistance Commission (EAC) to develop and publish best practices on the documentation of the secure chain of custody for the handling of all software, hardware, vote storage media, ballots, and voter-verified ballots.

Prescribes durability, readability, and polling place availability requirements for paper ballots.

Requires laboratories to meet standards prohibiting conflicts of interest as a condition of accreditation for the testing of voting system hardware and software. Prescribes testing procedures. Authorizes appropriations.

Prescribes requirements for special certification to the EAC of ballot durability for states not currently using durable paper ballots.

Requires the Director of the National Science Foundation to make grants to up to three eligible entities to conduct research on the development of election-dedicated voting system software. Authorizes appropriations for FY2007-FY2008.


Makes available additional funding to enable states to meet the costs of the requirements imposed by this Act.

Directs(Sec. 3) Provides for complaints to the chief auditorAttorney General by persons aggrieved by violations of HAVA.

(Sec. 4) Requires
each state to appoint an Election Audit Board to administer,administer audits of federal election results, without advance notice to the precincts selected, consisting of random hand counts of the voter-verified paper ballots. Makes an exception from this requirement for elections in which the winning candidate had no opponent or received 80% or more of the vote total.

Prescribes requirements for determination of the number of
ballots requiredcounted under the audit.

Outlines the process for administering audits.

Requires the Election Auditor of a state, as soon as practicable after the completion of an audit,
to be produced and preservedsubmit the results to EAC for each suchpublication.

Prohibits certification of the results of any
election held inuntil completion of audits.

Provides for payments to states for costs of conducting audits. Authorizes appropriations.

Exempts from this Act any election for which a recount under state law will commence before certification of
the state.election results.

Repeals(Sec. 5) Repeals the EAC's exemption of the EAC from certain federal government contracting requirements.
</summary>

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== Status of the Legislation ==

<status>
Latest Major Action: 5/16/2007: Placed on the Union Calendar, Calendar No. 91.
</status>

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== Points in Favor ==

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== Points Against ==

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Visitor Comments Comments Feed for This Bill

Nancy Tobi - New Hampshire

May 23, 2007, 4:02pm (report abuse)

The Hill and activists alike are abuzz with the disinformation campaign behind this democracy-demolishing monstrosity. This bill kills democracy:
1) Quintuples the budget and expands authority of the EAC: four white house appointees controlling America's voting systems
2) Criminalizes disclosure of vote counting information - enshrining secret vote counting in the United States of America!
3) Imposes timelines and conflicting requirements that are unconstitutional in their impossible fulfillment within constitutional requirements for certifying elections

For more information:
www.democracyfornewhampshire.com
http://www.youtube.com/watch?v=LjFHNfKWkCs
http://markcrispinmiller.blogspot.com/2007/05/holt-bill-is-poison-pill_...

Daniel Castro

September 25, 2007, 3:09pm (report abuse)

Paper audit trails have a number of limitations. The Information Technology & Innovation Foundation released a report that recommends Congress require independent or verifiable audit trails, but that Congress not mandate these audit trails be paper. Many other types of audit trails exist which could offer better verifiability and security (audio trails, video audit trails, etc.). ITIF also recommends that Congress focus on voting systems with end-to-end or universal verifiability. We explain the cryptography behind these voting systems in our paper -- http://www.itif.org/files/evoting.pdf

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