I 

109TH CONGRESS 

1ST SESSION H. R. 470 

To amend the Help America Vote Act of 2002 to require the software 

used in the operation of an electronic voting machine to meet certain 

requirements as a condition of the use of the machine in elections 

for Federal office, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2005 

Mr. LARSON of Connecticut 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 

the software used in the operation of an electronic voting 

machine to meet certain requirements as a condition 

of the use of the machine in elections for Federal office, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Electronic 

5 Voting Standards and Disclosure Act of 2005’’. 
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1 SEC. 2. REQUIREMENTS FOR SOFTWARE USED IN ELEC2 TRONIC VOTING MACHINES IN FEDERAL 

3 ELECTIONS. 

4 (a) IN GENERAL.—Section 301(a) of the Help Amer5 ica Vote Act of 2002 (42 U.S.C. 15481(a)) is amended 

6 by adding at the end the following new paragraph: 

7 ‘‘(7) SPECIFIC REQUIREMENTS FOR SOFTWARE

8 USED IN ELECTRONIC VOTING MACHINES.—In addi9 tion to any other requirements under this sub10 section, a State or other jurisdiction may not use an 

11 electronic voting system in an election for Federal 

12 office unless— 

13 ‘‘(A) the manufacturer of the software 

14 used in the operation of the system has pro15 vided the State with an updated copy of the 

16 software used in the operation of the system; 

17 ‘‘(B) not later than 30 days before the 

18 date of the election (and at least once on the 

19 date of the election) the State tests each type 

20 of voting machine used in the system to ensure 

21 that the software used in the operation of that 

22 type of machine is working correctly; and 

23 ‘‘(C) the manufacturer of the software 

24 used in the operation of the system has pro25 vided the Commission with updated information 

26 regarding the identification of each individual 
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1 who participated in the writing of the software, 

2 including specific information regarding wheth3 er the individual has ever been convicted of a 

4 crime involving fraud.’’. 

5 (b) DEADLINE FOR ADOPTION OF VOLUNTARY GUID6 ANCE BY COMMISSION.—Section 311(b)(1) of such Act 

7 (42 U.S.C. 15501(b)(1)) is amended by striking ‘‘January 

8 1, 2004’’ and inserting ‘‘January 1, 2004 (or January 1, 

9 2006, with respect to subsection (a)(7) of such section)’’. 

10 SEC. 3. REQUIRING LABORATORIES TO MEET STANDARDS 

11 PROHIBITING CONFLICTS OF INTEREST AS 

12 CONDITION OF ACCREDITATION FOR TEST13 ING OF VOTING SYSTEM HARDWARE AND 

14 SOFTWARE. 

15 (a) IN GENERAL.—Section 231(b) of the Help Amer16 ica Vote Act of 2002 (42 U.S.C. 15371(b)) is amended 

17 by adding at the end the following new paragraph: 

18 ‘‘(3) PROHIBITING CONFLICTS OF INTEREST.— 

19 A laboratory may not be accredited by the Commis20 sion for purposes of this section unless the labora21 tory meets such standards as the Commission may 

22 establish to prevent the existence or appearance of 

23 any conflict of interest in the testing, certification, 

24 decertification, and recertification carried out by the 

25 laboratory under this section, including standards to 
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1 ensure that the laboratory does not have a financial 

2 interest in the manufacture, sale, and distribution of 

3 voting system hardware and software, and is suffi4 ciently independent from other persons with such an 

5 interest.’’. 

6 (b) DEADLINE FOR ESTABLISHMENT OF STAND7 ARDS.—The Election Assistance Commission shall estab8 lish the standards described in section 231(b)(3) of the 

9 Help America Vote Act of 2002 (as added by subsection 

10 (a)) not later than January 1, 2006. 

11 SEC. 4. POSTING OF NOTICE OF AVAILABILITY OF ADMINIS12 TRATIVE COMPLAINT PROCEDURES IN CASE 

13 OF FAILURE OF VOTING MACHINES. 

14 (a) POSTING OF NOTICE.—Section 303(b)(2) of the 

15 Help America Vote Act of 2002 (42 U.S.C. 15482(b)(2)) 

16 is amended— 

17 (1) by redesignating subparagraphs (E) and 

18 (F) as subparagraphs (F) and (G); and 

19 (2) by inserting after subparagraph (D) the fol20 lowing new subparagraph: 

21 ‘‘(E) information regarding the availability 

22 of the administrative complaint procedures for 

23 individuals who believe that a voting machine or 

24 other equipment used in the election is not 

25 working properly or who otherwise believe that 
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1 a State or jurisdiction is not in compliance with 

2 the requirements of this Act;’’. 

3 (b) CLARIFICATION OF STANDING REQUIRED FOR

4 FILING COMPLAINT.—Section 402(a) of such Act (42 

5 U.S.C. 15512(a)) is amended— 

6 (1) in paragraph (2)(B), by inserting ‘‘(subject 

7 to paragraph (3)’’ after ‘‘any person’’; and 

8 (2) by adding at the end the following new 

9 paragraph: 

10 ‘‘(3) CLARIFICATION OF STANDING REQUIRED

11 FOR FILING COMPLAINT RELATING TO FAILURE OF

12 VOTING MACHINE OR OTHER EQUIPMENT.—An indi13 vidual may not file a complaint under this subsection 

14 with respect to an allegation that a voting machine 

15 or other equipment used in an election is not work16 ing properly unless the individual is eligible to cast 

17 a vote on or otherwise use the machine or equipment 

18 which is the subject of the complaint.’’. 

19 SEC. 5. EFFECTIVE DATE. 

20 Except as otherwise provided, the amendments made 

21 by this Act shall apply with respect to the regularly sched22 uled general election for Federal office in November 2006 

23 and each subsequent election for Federal office. 

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