Report Title:
Elections; Electronic Voting Systems
Description:
Requires the chief election officer to adopt and implement a direct recording electronic voting system that prints a contemporaneous paper record count of each electronic ballot cast. Makes appropriation.
THE SENATE |
S.B. NO. |
143 |
TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to voting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The right to vote is an important hallmark of the democratic process. Accordingly, citizens must have confidence in the process and procedures by which ballots are cast and tabulated. Presently, electronic voting systems, such as touch screen voting, are gaining in popularity across the nation. These electronic voting systems, while convenient and cost effective, raise important concerns regarding the manner by which votes are recorded and tabulated as no paper record is produced whereby voters are able to review whether the electronic voting machine has properly recorded his or her vote. Further, this lack of a paper trail hinders the ability of state and federal election officials from conducting a thorough and verifiable audit or recount if the election is contested or challenged.
The Help America Vote Act of 2002 requires, among other things, that each voting system used in an election for federal office produce a permanent paper record with an audit capacity for that system. This allows the voter to verify his or her votes before the voter's ballot is cast. Moreover, federal funding is available to implement this federal legislation.
Further, existing Hawaii law relating to voting machine systems authorizes the chief election officer to adopt or experiment with any voting machine system provided that it satisfies specified statutory requirements.
The purpose of this Act is to require that any direct recording electronic voting systems utilized in any statewide elections in 2006 be federally certified and equipped with a voter verified paper audit trail system. This audit system prints a contemporaneous paper record copy of each electronic ballot as well as allows each voter to confirm his or her selection before the voter casts his or her ballot.
SECTION 2. Chapter 16, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§16- Direct recording electronic voting system. (a) The chief election officer shall not approve any direct recording electronic voting system unless the system has received federal qualification and includes an accessible voter verified paper audit trail.
(b) Beginning January 1, 2006, any direct recording electronic voting system in use of that date, regardless of when contracted for or purchased, shall have received federal qualification and include an accessible voter verified paper audit trail. If the direct recording electronic voting system does not already include an accessible voter verifiable paper audit trail, the system shall be replaced or modified to include an accessible voter verified paper audit trail.
(c) The chief election officer shall conduct an audit of the direct recording electronic voting system prior to releasing the election results for any precinct utilizing this system by comparing the paper record copy with the votes recorded by the direct recording electronic voting system.
(d) For purposes of this section:
"Accessible" means that the information provided on the paper record copy from the voter verified paper audit trail mechanism is provided or conveyed to voters via both a visual and a non-visual method, such as through an audio component.
"Direct recording electronic voting system" means a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible paper ballot.
"Federal qualification" means the system has been certified, if applicable, by means of qualification testing by a nationally recognized test laboratory and has met or exceeded the minimum requirements set forth in the performance and text standards for punch cards, mark sense, and direct recording electronic voting systems, or in any successor voluntary standard document, developed and promulgated by the Federal Elections Commission, the Election Assistance Commission, or the National Institute of Standards and Technology.
"Paper record copy" means an auditable document printed by a voter verified paper audit trail component that corresponds to the voter's electronic vote and lists the contests on the ballot and the voter's selections for these contests. A paper record copy is not a ballot.
"Voter verified paper audit trail" means a component of a direct recording electronic voting system that prints a contemporaneous paper record copy of each electronic ballot and allows each voter to confirm his or her selections before the voter casts his or her ballot."
SECTION 3. Section 16-12, Hawaii Revised Statutes, is amended to read as follows:
"§16-12 Voting machines; requirements. No voting machine shall be installed for use in any election in the State unless it shall satisfy the following requirements:
(1) It shall permit the voter to vote for as many persons for an office as the voter is lawfully entitled to vote for, but no more;
(2) It shall prevent the voter from voting for the same persons more than once for the same office;
(3) It shall permit the voter to vote for or against any question the voter may have the right to vote on, but no other;
(4) In special primary and primary elections it shall be so equipped that it will lock out all rows except those of the party or nonpartisan candidates selected by the voter;
(5) It shall be provided with a protective counter or protective device whereby any operation of the machine before or after the election will be detected;
(6) It shall be provided with a counter which shall show at all times during an election how many persons have voted;
(7) It shall be provided with a mechanical model, illustrating the manner of voting on the machine, suitable for the instruction of voters[.]; and
(8) If the voting machine is an electronic voting system, it shall have received federal qualification, include an accessible voter verified paper audit trail, and meet all of the other requirements of a direct recording electronic voting system as provided in section 16- ."
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2005-2006, for the purpose of implementing and administering the direct recording electronic voting system.
SECTION 5. The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2005.
INTRODUCED BY: |
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