[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 704 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 704
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2005
Mr. Gibbons (for himself and Ms. Berkley) 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 require a voter-verified
permanent record or hardcopy under title III of such Act, 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 ``Voting Integrity and Verification
Act of 2005''.
SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH
PRESERVATION OF A VOTER-VERIFIED PERMANENT PAPER RECORD.
(a) In General.--Section 301(a) of the Help America Vote Act of
2002 (42 U.S.C. 15481(a)) is amended--
(1) in paragraph (1)(A)--
(A) by striking clause (i) and inserting the
following new clause:
``(i) permit the voter to verify the
accuracy of their 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;'';
(B) in clause (ii)--
(i) by inserting ``discovered on the
individual paper version of the voter's
ballot'' after ``to change the ballot or
correct any error''; and
(ii) by striking ``and'' after the
semicolon at the end;
(C) by redesignating clause (iii) as clause (iv);
and
(D) by inserting after clause (ii) the following
new clause:
``(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, and
``(II) preserve such individual permanent
paper record at the polling place in accordance
with the provisions of paragraph (2)(B)(i);
and'';
(2) in paragraph (1)(B), by striking ``subparagraph
(A)(iii)'' and inserting ``subparagraph (A)(iv)''; and
(3) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Manual audit capacity.--
``(A) In general.--The voting system shall produce
an individual permanent paper record for each ballot
that is cast which provides for voter verification of
such record in accordance with paragraph (1)(A) and
which meets the requirements of subparagraph (B).
``(B) Manual audit capacity.--
``(i) The voting system shall produce an
individual permanent paper record for each
ballot cast that is either--
``(I) preserved within the polling
place in the manner in which all other
paper ballots are preserved within such
polling place; or
``(II) in the absence of such
manner or method, which is consistent
with the manner employed by the
jurisdiction for preserving paper
ballots in general.
``(ii) Each paper record produced under
clause (i) shall be suitable for a manual audit
equivalent or superior to that of a paper
ballot voting system.
``(iii) 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.
``(iv) The individual permanent paper
records produced under clause (i) 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.''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Help America Vote Act of
2002.
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