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By Warren Stewart and Ellen Theisen
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November 28, 2005 |
This sample legislation for voter verified paper records was prepared for Vote Trust USA by Warren Stewart and Ellen Theisen of VotersUnite.Org.
Much of this language is drawn from the Voter confidence and Increased
Accessibility Acto of 2005 (HR 550). Please feel free to use any of the
language that you find helpful.
Summary:
Requires a voter-verifiable paper record of every vote, to be preserved
in accordance with laws governing the preservation of ballots; defines
the paper record as the true and correct record and the official record
for recounts and audits.
SECTION [ ] VOTE-VERIFICATION AND AUDIT CAPACITY |
| (a) |
VOTE-VERIFICATION |
| (i) |
The
voting system shall produce or require the use of an individual
voter-verifiable paper record of the voter's vote that shall be made
available for inspection and verification by the voter before the
voter's vote is cast. For purposes of this clause, examples of such a
record include a paper ballot prepared by the voter for the purpose of
being read by an optical scanner, a paper ballot prepared by the voter
to be mailed to an election official (whether from a domestic or
overseas location), a paper ballot created through the use of a ballot
marking device, or a paper print-out of the voter's vote produced by a
touch screen or other electronic voting machine, so long as in each
case the record permits the voter to verify the record in accordance
with this subparagraph. |
| (ii) |
The
voting system shall provide the voter with an opportunity to correct
any error made by the system in the voter-verifiable paper record
before the permanent voter-verifiable paper record is preserved in
accordance with subparagraph (a)(i). |
| (iii) |
The
voting system shall not preserve the voter-verifiable paper records in
any manner that makes it possible to associate a voter with the record
of the voter's vote. |
| (b) |
MANUAL AUDIT CAPACITY |
| (i) |
The
permanent voter-verifiable paper record produced in accordance with
subparagraph (a) shall be preserved in the same manner as paper ballots
are preserved in the state in general. and |
| (ii) |
be suitable for a manual audit equivalent to that of a paper ballot voting system. |
| (iii) |
The
individual permanent paper records produced pursuant to subparagraph
(a) 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. |
| (iv) |
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.
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