S 48 ISCommentsClose CommentsPermalink

To amend the Help America Vote Act of 2002 to require new voting systems to provide a voter-verified permanent record, to develop better accessible voting machines for individuals with disabilities, and for other purposes.CommentsClose CommentsPermalink

January 6, 2009CommentsClose CommentsPermalink

Mr. ENSIGN introduced the following bill; which was read twice and referred to the Committee on Rules and AdministrationCommentsClose CommentsPermalink

To amend the Help America Vote Act of 2002 to require new voting systems to provide a voter-verified permanent record, to develop better accessible voting machines for individuals with disabilities, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Voting Integrity and Verification Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH PRESERVATION OF A VOTER-VERIFIED PERMANENT PAPER RECORD.

(a) In General- Section 301 of the Help America Vote Act of 2002 (42 U.S.C. 15481) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (a) the following:CommentsClose CommentsPermalink





‘(b) Additional Requirements for Voting Systems Purchased After 2012- In addition to the requirements of subsection (a), each voting system purchased after December 31, 2012, and used in an election for Federal office shall meet the following requirements:CommentsClose CommentsPermalink





‘(1) INDIVIDUAL PERMANENT PAPER RECORD- The voting system shall produce an individual permanent paper record for each ballot that is cast.CommentsClose CommentsPermalink





‘(2) VERIFICATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In lieu of the requirements of subsection (a)(1), the voting system shall--CommentsClose CommentsPermalink





‘(i) permit the voter to verify the accuracy of the voter’s ballot (in a private and independent manner), by allowing the voter to review an individual paper version of the voter’s ballot before the voter’s ballot is cast and counted;CommentsClose CommentsPermalink





‘(ii) provide the voter with the opportunity (in a private and independent manner) to change the ballot and correct any error discovered on the individual paper version of the voter’s ballot before the ballot is cast and counted (including the opportunity to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error); andCommentsClose CommentsPermalink





‘(iii)(I) preserve the individual paper version of the voter’s ballot, after the voter has certified that the same accurately reflects the voter’s intent, as the individual permanent paper record; andCommentsClose CommentsPermalink





‘(II) preserve such individual permanent paper record in accordance with the provisions of paragraph (3)(B); andCommentsClose CommentsPermalink





‘(iv) meet the requirement of subparagraphs (A)(iii) and (C) of subsection (a)(1).CommentsClose CommentsPermalink





‘(B) READABILITY REQUIREMENTS FOR MACHINE-MARKED OR PRINTED PAPER BALLOTS- All voter verified paper ballots marked or printed through the use of a marking or printing device shall be clearly readable by the naked eye and by a scanner or other device equipped for voters with disabilities so that a voter is able to verify the accuracy of such ballots via both visual and non-visual means.CommentsClose CommentsPermalink





‘(3) MANUAL AUDIT CAPACITY- In lieu of the requirements of subsection (a)(2)(B):CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each individual paper record produced under paragraph (1) shall be suitable for a manual audit equivalent or superior to that of a paper ballot voting system.CommentsClose CommentsPermalink





‘(B) PRESERVATION- The voting system shall preserve each individual permanent paper record--CommentsClose CommentsPermalink





‘(i) within the polling place in the manner in which all other paper ballots are preserved within such polling place; orCommentsClose CommentsPermalink





‘(ii) in the absence of such manner or method, in a manner which is consistent with the manner employed by the jurisdiction for preserving paper ballots in general.CommentsClose CommentsPermalink





‘(C) CONSISTENCY WITH OTHER RECORDS- All electronic records produced by any voting system shall be consistent with the individual permanent paper records produced by such voting system. In the event of any inconsistencies or irregularities between any electronic records and the individual permanent paper records, the individual permanent paper records shall be the true and correct record of the votes cast.CommentsClose CommentsPermalink





‘(D) USE AS OFFICIAL RECORDS- The individual permanent paper records shall be used as the official records for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used.CommentsClose CommentsPermalink





‘(4) ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES- The voting system shall--CommentsClose CommentsPermalink





‘(A) meet the requirement of subsection (a)(3)(A) through the use of at least one voting system that is fully accessible for individuals with disabilities at each polling place; andCommentsClose CommentsPermalink





‘(B) meet the requirements of subsection (a)(3)(A) and paragraph (2)(A) by using a system that--CommentsClose CommentsPermalink





‘(i) allows the voter to privately and independently verify the content of the permanent paper ballot through the conversion of the human readable content of the vote selections into accessible form;CommentsClose CommentsPermalink





‘(ii) ensures that the entire process of ballot verification and vote casting is equipped for individuals with disabilities; andCommentsClose CommentsPermalink





‘(iii) does not preclude the supplementary use of Braille or tactile ballots.’.CommentsClose CommentsPermalink

SEC. 3. AWARD PROGRAM FOR DEVELOPMENT OF ACCESSIBLE VOTING SYSTEMS.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) INSTITUTE- The term ‘Institute’ means the National Institute of Standards and Technology.CommentsClose CommentsPermalink





(2) DIRECTOR- The term ‘Director’ means the Director of the Institute.CommentsClose CommentsPermalink





(3) VOTING SYSTEM- The term ‘voting system’ has the meaning given such term by section 301(b) of the Help America Vote Act of 2002 (42 U.S.C. 15481(b)).CommentsClose CommentsPermalink





(b) Establishment of Program-CommentsClose CommentsPermalink





(1) IN GENERAL- The Director shall establish a program to competitively award cash prizes to eligible persons that advance the research, development, demonstration, and application of voting systems which are specifically designed to enhance accessibility and provide independence for persons with disabilities during the voting process.CommentsClose CommentsPermalink





(2) ADVERTISING AND SOLICITATION OF COMPETITORS-CommentsClose CommentsPermalink





(A) ADVERTISING- The Director shall widely advertise prize competitions to encourage broad participation, including participation by individuals, universities, and large and small businesses.CommentsClose CommentsPermalink





(B) ANNOUNCEMENT THROUGH FEDERAL REGISTER NOTICE- The Director shall announce each prize competition by publishing a notice in the Federal Register. This notice shall include the subject of the competition, the duration of the competition, the eligibility requirements for participation in the competition, the process for participants to register for the competition, the amount of the prize, and the criteria for awarding the prize.CommentsClose CommentsPermalink





(3) ADMINISTRATION OF COMPETITIONS- The Director shall enter into an agreement with a private, nonprofit entity for the administration of the prize competitions.CommentsClose CommentsPermalink





(c) Prize Competitions-CommentsClose CommentsPermalink





(1) IN GENERAL- The program established under paragraph (1) shall consist of competitions for the development of technology designed for persons with the following classifications of disabilities:CommentsClose CommentsPermalink





(A) Hearing.CommentsClose CommentsPermalink





(B) Visual.CommentsClose CommentsPermalink





(C) Manual, tactile, and mobility.CommentsClose CommentsPermalink





(D) A combination of the disabilities described in subparagraphs (A), (B), and (C).CommentsClose CommentsPermalink





(2) CASH PRIZES-CommentsClose CommentsPermalink





(A) IN GENERAL- Prizes shall be awarded by the judges appointed under paragraph (4) based on the criteria under paragraph (3).CommentsClose CommentsPermalink





(B) AUTHORITY TO NOT AWARD PRIZE- If the judges determine that no registered participants meets the objective performance criteria established pursuant to paragraph (3), no prize shall be awarded.CommentsClose CommentsPermalink





(C) LIMITATION ON AMOUNT AND NUMBER OF PRIZES- No more than 2 prizes may be awarded for any competition and the amount of any prize shall not exceed $1,000,000.CommentsClose CommentsPermalink





(3) CRITERIA-CommentsClose CommentsPermalink





(A) IN GENERAL- The Director shall develop criteria for awarding prizes under this section such that prizes are based on the functionality and usability of a prototype accessible voting machine.CommentsClose CommentsPermalink





(B) REQUIREMENTS- The criteria developed under subparagraph (A) shall--CommentsClose CommentsPermalink





(i) take into account the challenges voters with disabilities face during the voting process, including--CommentsClose CommentsPermalink





(I) the need of voters with manual disabilities to be able to use prosthetics and personal assistive devices during the voting process without electromagnetic interference;CommentsClose CommentsPermalink





(II) the challenges facing voters with visual impairments and the best means to accommodate those voters, including, the need for voters to manually adjust font size (to account for persons with poor vision and tunnel vision), color content, and contrast for electronic voting machines;CommentsClose CommentsPermalink





(III) the need of voters to use various voter system interfaces such as synchronized audio output that allows the voter to adjust the rate of speech, the audiofrequency, and volume of the audio interface and which provides that such setting shall reset to a standard default for each voter;CommentsClose CommentsPermalink





(IV) the need of voters to simultaneously use a tactile interface that permits the voter to rewind, repeat, pause, and skip any audio cues, presentations, and ballot measures;CommentsClose CommentsPermalink





(V) the need of voters who rely on mobility aids, such as wheelchairs, to adjust the height of a voting system and to be able to see any visual cues or prompts from a seated position; andCommentsClose CommentsPermalink





(VI) the need of voters with cognitive disabilities including using visual and audio cues simultaneously;CommentsClose CommentsPermalink





(ii) require that any prototype accessible voting machine entered into the prize competition allows voters with disabilities to independently verify the accuracy of the ballot cast on the voting system; andCommentsClose CommentsPermalink





(iii) be designed to--CommentsClose CommentsPermalink





(I) stimulate innovation in the development and design of accessible voting systems in a way that Federal procurement standards cannot;CommentsClose CommentsPermalink





(II) help overcome traditional obstacles in the design of accessible voting systems;CommentsClose CommentsPermalink





(III) educate, inspire, and motivate the public to participate in the process of developing and designing accessible voting systems; andCommentsClose CommentsPermalink





(IV) enhance the accessibility and independence of the voting process.CommentsClose CommentsPermalink





(C) CONSULTATION WITH OTHER ENTITIES- In establishing the criteria under subparagraph (A), the Director shall consult--CommentsClose CommentsPermalink





(i) with various disability rights groups with special knowledge concerning the challenges facing persons with disabilities in each of the classifications in subparagraphs (A), (B), and (C) of paragraph (1);CommentsClose CommentsPermalink





(ii) with other Federal agencies, including--CommentsClose CommentsPermalink





(I) the Election Assistance Commission; andCommentsClose CommentsPermalink





(II) the National Science and Technology Council; andCommentsClose CommentsPermalink





(iii) with private organizations, including professional societies and industry associations.CommentsClose CommentsPermalink





(4) JUDGES-CommentsClose CommentsPermalink





(A) IN GENERAL- For each prize competition the Director shall appoint a panel of qualified judges. Such panel shall include individuals from outside the Institute and from the private sector.CommentsClose CommentsPermalink





(B) DISQUALIFICATION- A judge may not--CommentsClose CommentsPermalink





(i) have personal or financial interests in, or be an employee, officer, director, or agent of, any entity that is participating in the prize competition; orCommentsClose CommentsPermalink





(ii) have a familial or financial relationship with an individual who is participating in the prize competition.CommentsClose CommentsPermalink





(d) Eligibility- An person is eligible to win a prize under this section if--CommentsClose CommentsPermalink





(1)(A) in the case of a corporation, such person is incorporated and maintains a primary place of business the United States; andCommentsClose CommentsPermalink





(B) in the case of an individual or partnership, such individual, or each such individual in the partnership, is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States;CommentsClose CommentsPermalink





(2) such person is not an employee or entity of the United States or an laboratory accredited under section 231 of the Help America Vote Act of 2002 (42 U.S.C. 15371); andCommentsClose CommentsPermalink





(3) such person registers for the competition by submitting an application containing such information as the Director may require.CommentsClose CommentsPermalink





(e) Trade Secrets- The Director shall, to the extent possible, protect any trade secrets or proprietary information related to any submission for a competition under this section.CommentsClose CommentsPermalink





(f) Termination- No prizes shall be awarded under this section for competitions announced after September 30, 2011.CommentsClose CommentsPermalink





(g) Authorization of Appropriations-CommentsClose CommentsPermalink





(1) IN GENERAL-CommentsClose CommentsPermalink





(A) AWARDS- There are authorized to be appropriated to the Director $2,000,000 for each of the fiscal years 2009, 2010, and 2011 for the purpose of awarding prizes in competitions pursuant to this section.CommentsClose CommentsPermalink





(B) ADMINISTRATION- In addition to the amounts authorized in subparagraph (A), there are authorized to be appropriated to the Director $1,000,000 for each of fiscal years 2009, 2010, and 2011 for the administrative costs of carrying out this section.CommentsClose CommentsPermalink





(2) CARRYOVER OF FUNDS- Funds appropriated for prize awards under this section shall remain available until expended, and may be transferred, reprogrammed, or expended for other purposes only after the expiration of 10 fiscal years after the fiscal year for which the funds were originally appropriated.CommentsClose CommentsPermalink