I 

111TH CONGRESS 

2D SESSION H. R. 5229 

To amend the Help America Vote Act of 2002 to establish standards for 

the transparent and accurate tabulation of votes and aggregation of 

vote counts in elections for Federal office, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2010 

Mr. HOLT 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 establish 

standards for the transparent and accurate tabulation 

of votes and aggregation of vote counts 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 ‘‘Vote Tabulation Audit 

5 Act of 2010’’. 


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1 SEC. 2. REQUIRING STATES TO MEET STANDARDS FOR 

2 TRANSPARENT AND ACCURATE TABULATION 

3 OF VOTES AND AGGREGATION OF VOTE 

4 COUNTS. 

5 (a) IN GENERAL.—Section 301(a) of the Help Amer6 ica Vote Act of 2002 (42 U.S.C. 15481(a)) is amended 

7 by adding at the end the following new paragraph: 

8 ‘‘(7) REQUIREMENTS FOR TRANSPARENCY IN

9 TABULATION OF VOTES AND AGGREGATION OF VOTE

10 COUNTS.— 

11 ‘‘(A) REQUIREMENTS.—In tabulating votes 

12 and determining the aggregate vote count in 

13 any election for Federal office, each State shall 

14 meet the following requirements: 

15 ‘‘(i) Upon the closing of the polls at 

16 each polling place, the appropriate election 

17 official shall tabulate each of the following: 

18 ‘‘(I) The number of regular bal19 lots cast on each voting machine, and 

20 the number cast by hand on regular 

21 or emergency ballots, at the polling 

22 place. 

23 ‘‘(II) The number of votes per 

24 candidate (excluding over-votes). 

25 ‘‘(III) The number of spoiled bal26 lots. 


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1 ‘‘(IV) The number of over-votes, 

2 under-votes, and blank votes (or their 

3 equivalent) for each candidate. 

4 ‘‘(V) The number of provisional 

5 ballots cast, both on paper and by vot6 ing machine. 

7 ‘‘(VI) The serial number or num8 bers (in the case of a system with 

9 more than one such number), model, 

10 and manufacturer of each voting sys11 tem on which votes were recorded at 

12 the polling place. 

13 ‘‘(VII) The total number of indi14 viduals who appeared at the polling 

15 place to cast ballots, determined by 

16 reference to the number of signatures 

17 in a sign-in book or other similar 

18 independent count. 

19 ‘‘(VIII) The total number of vot20 ers who cast ballots in all elections for 

21 Federal office on the ballot at the 

22 polling place. 

23 ‘‘(IX) Such other information as 

24 the State may require. 


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1 ‘‘(ii) The appropriate election officials 

2 at the polling place shall prepare a prelimi3 nary certification of the vote count at the 

4 polling place (as tabulated under clause 

5 (i)) under the observation of the certified 

6 tabulation observers admitted to the poll7 ing place under subparagraph (F) (if any), 

8 shall announce the vote count orally, and 

9 shall prepare and post a paper copy of the 

10 preliminary certification for the admitted 

11 tabulation observers at the polling place. 

12 Such officials shall ensure that each of the 

13 certified tabulation observers admitted to 

14 the polling place has full access to observe 

15 the process by which the preliminary cer16 tification is produced and a reasonable pe17 riod of time to review the preliminary cer18 tification before the polling place is closed, 

19 and (if feasible) shall provide such observ20 ers with identical duplicate certificates. 

21 ‘‘(iii) After the requirements of clause 

22 (ii) are met, the appropriate election offi23 cial, in the manner prescribed by applica24 ble State or local law, shall transmit the 

25 information contained in such preliminary 


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1 certification to the central vote tabulation 

2 center designated for the tabulation of 

3 votes by the chief State election official. 

4 ‘‘(iv) As soon as practicable after in5 formation is entered into the central vote 

6 tabulation center under clause (iii), sub7 paragraph (B) (with respect to early 

8 votes), subparagraph (C) (with respect to 

9 absentee ballots), and subparagraph (D) 

10 (with respect to provisional ballots counted 

11 as votes in the election), the appropriate 

12 election official shall display (at a promi13 nent location accessible to the public dur14 ing regular business hours and in or within 

15 reasonable proximity to the polling place) a 

16 paper copy of the preliminary certification 

17 prepared under clause (ii), and the infor18 mation shall be displayed on the official 

19 public websites of the applicable local elec20 tion official and chief State election official 

21 in a manner which displays, together with 

22 the name of the designated voting official 

23 who entered the information and the date 

24 and time the information was entered, each 

25 of the following: 


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1 ‘‘(I) The information tabulated 

2 under clause (i). 

3 ‘‘(II) The number of early ballots 

4 cast on each day of the early voting 

5 period. 

6 ‘‘(III) The aggregate number of 

7 early votes cast for each candidate. 

8 ‘‘(IV) The number of absentee 

9 ballots received on each day on which 

10 such ballots are permitted to be re11 ceived and counted under State law. 

12 ‘‘(V) The aggregate number of 

13 absentee votes cast for each can14 didate. 

15 ‘‘(VI) The aggregate number of 

16 provisional ballots cast. 

17 ‘‘(VII) The number of provisional 

18 votes cast for each candidate. 

19 In no event may the information required 

20 to be displayed under this clause be dis21 played later than noon on the day fol22 lowing the date of the election (or, with re23 spect to information on early votes, absen24 tee ballots, and provisional ballots, prior to 

25 the closing of the polls on the date of the 


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1 election or later than noon on the day fol2 lowing the date on which the votes and bal3 lots are counted). All of the information re4 quired to be posted under this clause shall 

5 be presented in a format under which any 

6 individual may visit the website and view 

7 and download all of the information. 

8 ‘‘(v) Each website on which informa9 tion is posted under clause (iv) shall in10 clude information on the procedures by 

11 which discrepancies shall be reported to 

12 election officials. If any discrepancy exists 

13 between the posted information and the 

14 relevant preliminary certification, the ap15 propriate election official shall display in16 formation on the discrepancy on the 

17 website on which the information is posted 

18 under clause (iv) not later than 24 hours 

19 after the official is made aware of the dis20 crepancy, and shall maintain the informa21 tion on the discrepancy and its resolution 

22 (if applicable) on such website during the 

23 entire period for which results of the elec24 tion are typically maintained on such 

25 website. 


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1 ‘‘(vi) The appropriate election official 

2 shall preserve archived copies of the pre3 liminary certifications prepared under 

4 clause (ii) and reports of discrepancies 

5 filed by certified tabulation observers for 

6 the period of time during which records 

7 and papers are required to be retained and 

8 preserved pursuant to title III of the Civil 

9 Rights Act of 1960 (42 U.S.C. 1974 et 

10 seq.) or for the same duration for which 

11 archived copies of other records of the elec12 tion are required to be preserved under ap13 plicable State law, whichever is longer. 

14 ‘‘(B) TREATMENT OF BALLOTS CAST AT

15 EARLY VOTING SITES.— 

16 ‘‘(i) APPLICATION.—The requirements 

17 of this subparagraph shall apply with re18 spect to the preliminary certification of the 

19 tabulation of, and the public posting of in20 formation related to, ballots cast by indi21 viduals in person at designated sites prior 

22 to the date of the election. 

23 ‘‘(ii) DAILY COUNT OF EARLY BAL24 LOTS CAST.—At the close of business on 

25 each day on which ballots described in 


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1 clause (i) may be cast prior to the date of 

2 the election, the appropriate election offi3 cial at each such site shall— 

4 ‘‘(I) post a preliminary count of 

5 the total number of individuals who 

6 appeared at the site to cast ballots, 

7 determined by reference to the num8 ber of signatures in a sign-in book or 

9 other similar independent count, and 

10 the total number of ballots cast (ex11 cluding information on the votes re12 ceived by individual candidates); 

13 ‘‘(II) under the observation of 

14 certified tabulation observers admitted 

15 to the site under subparagraph (F) (if 

16 any), prepare and post a paper copy 

17 of a preliminary certification of the 

18 information described in subclause (I), 

19 and shall ensure that each of the cer20 tified tabulation observers admitted to 

21 the site has full access to observe the 

22 process by which the preliminary cer23 tification is produced and a reasonable 

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1 nary certification before the site is 

2 closed; and 

3 ‘‘(III) display at the site during 

4 regular business hours for the dura5 tion of the early voting period a paper 

6 copy of the preliminary certification 

7 prepared under subclause (II). 

8 ‘‘(iii) APPLICATION OF GENERAL TAB9 ULATION REQUIREMENTS.—Upon the clos10 ing of the polls on the date of the election, 

11 the appropriate election official at the site 

12 at which such ballots are secured shall 

13 meet the requirements of subparagraph 

14 (A) with respect to such ballots (including 

15 requirements relating to the role of cer16 tified tabulation observers) in the same 

17 manner as an election official at a polling 

18 place. 

19 ‘‘(C) TREATMENT OF ABSENTEE BAL20 LOTS.— 

21 ‘‘(i) DAILY COUNT OF BALLOTS

22 MAILED AND RECEIVED.—At the close of 

23 each business day on which a State mails 

24 or accepts absentee ballots cast in an elec25 tion for Federal office prior to the date of 


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1 the election, the appropriate election offi2 cial shall— 

3 ‘‘(I) tabulate the total number of 

4 absentee ballots mailed and received 

5 by the official during that day and a 

6 separate count of the number of ab7 sentee ballots received but rejected 

8 (separated into categories of the rea9 sons for rejection); 

10 ‘‘(II) under the observation of 

11 certified tabulation observers admitted 

12 under subparagraph (F) to the site at 

13 which the ballots are mailed and re14 ceived (if any), prepare and post a 

15 paper copy of a preliminary certifi16 cation of the information described in 

17 subclause (I), and ensure that each of 

18 the certified tabulation observers ad19 mitted to the site has full access to 

20 observe the process by which the pre21 liminary certification is produced and 

22 a reasonable period of time to review 

23 the preliminary certification before the 

24 site is closed; and 


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1 ‘‘(III) display at the site during 

2 regular business hours for the dura3 tion of the period during which absen4 tee ballots are processed a paper copy 

5 of the preliminary certification pre6 pared under subclause (II). 

7 ‘‘(ii) APPLICATION OF GENERAL TAB8 ULATION REQUIREMENTS.—At the close of 

9 business on the last day on which absentee 

10 ballots are counted prior to the certifi11 cation of the election, the appropriate elec12 tion official at the site at which absentee 

13 ballots are received and counted shall meet 

14 the requirements of subparagraph (A) with 

15 respect to such ballots (including require16 ments relating to the role of certified tab17 ulation observers) in the same manner as 

18 an election official at a polling place. 

19 ‘‘(D) TREATMENT OF PROVISIONAL BAL20 LOTS.—At the close of business on the day on 

21 which the appropriate election official deter22 mines whether or not provisional ballots cast in 

23 an election for Federal office will be counted as 

24 votes in the election (as described in section 

25 302(a)(4)), the official shall— 


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1 ‘‘(i) post a preliminary count of the 

2 number of such ballots for which a deter3 mination was made, the number of ballots 

4 counted, and the number of ballots rejected 

5 (separated into categories of the reason for 

6 the rejection); 

7 ‘‘(ii) under the observation of certified 

8 tabulation observers admitted under sub9 paragraph (F) to the site at which the de10 termination is made (if any), prepare and 

11 post a paper copy of a preliminary certifi12 cation of the information described in 

13 clause (i), and ensure that each of the cer14 tified tabulation observers admitted to the 

15 site has full access to observe the process 

16 by which the preliminary certification is 

17 produced and a reasonable period of time 

18 to review the preliminary certification be19 fore the site is closed; and 

20 ‘‘(iii) display at the site during reg21 ular business hours for the duration of the 

22 period during which provisional ballots are 

23 processed a paper copy of the preliminary 

24 certification prepared under clause (ii). 


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1 ‘‘(E) REQUIREMENTS IN CASE OF SYSTEM

2 FAILURE DURING TABULATION.—The appro3 priate election officials shall prepare and post 

4 contingency plans which will enable the officials 

5 to meet the requirements of this paragraph in 

6 the event of machine failure. 

7 ‘‘(F) ADMISSION OF CERTIFIED TABULA8 TION OBSERVERS.— 

9 ‘‘(i) CERTIFIED TABULATION OB10 SERVER DEFINED.—In this paragraph, a 

11 ‘certified tabulation observer’ is an indi12 vidual who is certified by an appropriate 

13 election official as authorized to carry out 

14 the responsibilities of a certified tabulation 

15 observer under this paragraph. 

16 ‘‘(ii) SELECTION.—In determining 

17 which individuals to certify as tabulation 

18 observers and admit to a polling place or 

19 other location to serve as certified tabula20 tion observers with respect to an election 

21 for Federal office, the election official shall 

22 give preference to individuals who are af23 filiated with a candidate in the election, ex24 cept that— 


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1 ‘‘(I) the number of individuals 

2 admitted who are affiliated with the 

3 same candidate for Federal office may 

4 not exceed one; and 

5 ‘‘(II) the maximum number of in6 dividuals who may be admitted shall 

7 equal the number of candidates in the 

8 election plus 3, or such greater num9 ber as may be authorized under State 

10 law. 

11 ‘‘(iii) RESPONSIBILITIES OF ELECTION

12 OFFICIALS.—The appropriate election offi13 cial shall provide certified tabulation ob14 servers with assistance and materials nec15 essary to enable the observers to carry out 

16 their responsibilities under this paragraph, 

17 including— 

18 ‘‘(I) providing not fewer than 2 

19 hours of training; 

20 ‘‘(II) providing sample prelimi21 nary certification reports consistent 

22 with the reports which will be used on 

23 the date of the election; and 

24 ‘‘(III) furnishing each observer 

25 with an appropriate badge or other 


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1 identification which may be worn 

2 while the observer is exercising the ob3 server’s function under this para4 graph. 

5 ‘‘(iv) NO EFFECT ON ADMISSION OF

6 OTHER OBSERVERS.—Nothing in this sub7 paragraph may be construed to limit or 

8 otherwise affect the authority of other indi9 viduals to enter and observe polling place 

10 operations under any other law, including 

11 international observers authorized under 

12 any treaty or observers of the Federal Gov13 ernment authorized under the Voting 

14 Rights Act of 1965. 

15 ‘‘(G) MANDATORY HAND RECOUNT IN

16 CASE OF UNRESOLVED DISCREPANCY.— 

17 ‘‘(i) RECOUNT IN THE CASE OF UNRE18 SOLVED DISCREPANCY REQUIRED PRIOR

19 TO CERTIFICATION OF RESULT.—If the 

20 chief State election official determines, on 

21 the basis of information reported under 

22 subparagraph (A), that there is an unre23 solved discrepancy between the information 

24 posted on the website of the chief State 

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1 cation provided to a certified tabulation ob2 server under subparagraph (A) for any 

3 precinct in which ballots are cast in an 

4 election, the chief State election official 

5 may not issue a final certification of the 

6 results of the election until the appropriate 

7 election official has completed a hand 

8 count of the ballots cast in the election in 

9 the precinct in which the unresolved dis10 crepancy exists, using the voter-marked 

11 paper ballots or voter-verifiable paper 

12 records of votes cast on voting machines if 

13 required by Federal or State law or used 

14 in the jurisdiction, or (if not so required or 

15 used) the permanent paper records re16 quired to be produced under paragraph 

17 (2). 

18 ‘‘(ii) POSTING OF INFORMATION.— 

19 The chief State election official shall en20 sure that the information obtained during 

21 the hand count conducted under clause (i), 

22 including the final certified vote totals, 

23 shall be displayed on the official public 

24 websites of the applicable local election of25 ficial and chief State election official using 


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1 the same categories and in the same man2 ner applicable to the information required 

3 to be displayed with respect to a prelimi4 nary vote count under subparagraph 

5 (A)(iv). 

6 ‘‘(H) NO EFFECT ON OTHER TABULATION

7 REQUIREMENTS.—Nothing in this Act may be 

8 construed to supersede any requirement that an 

9 election official at a polling place report vote to10 tals to a central tabulation facility and address 

11 discrepancies the official finds in the aggrega12 tion of those totals with other vote totals.’’. 

13 (b) EFFECTIVE DATE.—Section 301(d) of such Act 

14 (42 U.S.C. 15481(d)) is amended by striking ‘‘January 

15 1, 2006’’ and inserting ‘‘January 1, 2006 (or, in the case 

16 of the requirements of subsection (a)(7), shall meet such 

17 requirements with respect to each election for Federal of18 fice held after the expiration of the 1-year period which 

19 begins on the date of the enactment of the Vote Tabula20 tion Audit Act of 2010)’’. 


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1 SEC. 3. PAYMENTS TO STATES TO COVER COSTS OF CAR2 RYING OUT TABULATIONS AT CERTAIN POLL3 ING PLACES OF VOTES CAST ON PAPER OPTI4 CAL SCAN BALLOTS. 

5 (a) PAYMENTS.—Subtitle D of title II of the Help 

6 America Vote Act of 2002 (42 U.S.C. 15321 et seq.) is 

7 amended by adding at the end the following new part: 

8 ‘‘PART 7—PAYMENTS TO COVER COSTS OF TAB9 ULATIONS OF VOTES CAST ON PAPER OPTI10 CAL SCAN BALLOTS 

11 ‘‘SEC. 297. PAYMENTS TO STATES TO COVER COSTS OF CAR12 RYING OUT TABULATIONS AT CERTAIN POLL13 ING PLACES OF VOTES CAST ON PAPER OPTI14 CAL SCAN BALLOTS. 

15 ‘‘(a) PAYMENTS TO STATES.—The Commission shall 

16 make payments to reimburse eligible States for the costs 

17 incurred in obtaining and operating the equipment nec18 essary to tabulate at the polling places described in sub19 section (c) the votes cast on any paper optical scan ballots 

20 used at such polling places, as required under section 

21 301(a)(7)(A)(i). 

22 ‘‘(b) AMOUNT OF PAYMENT.—The amount of the 

23 payment made to a State under this part shall be based 

24 upon the reasonable costs incurred by the State in obtain25 ing and operating the equipment described in subsection 

26 (a), as determined on the basis of information provided 


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1 by the State at such time and in such form as the Com2 mission may require. 

3 ‘‘(c) POLLING PLACES DESCRIBED.—A polling place 

4 is described in this subsection if, with respect to the most 

5 recent elections for Federal office held in the State prior 

6 to the enactment of the Vote Tabulation Audit Act of 

7 2010— 

8 ‘‘(1) the votes cast in the election were cast on 

9 paper optical scan ballots; and 

10 ‘‘(2) the votes cast on such ballots were not 

11 tabulated at the polling place but at a central count 

12 optical scan facility in the State. 

13 ‘‘SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. 

14 ‘‘There are authorized to be appropriated for pay15 ments under this part such sums as may be necessary, 

16 to remain available until expended.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 of such Act is amended by adding at the end of the item 

19 relating to subtitle D of title II the following: 

‘‘PART 7—PAYMENTS TO COVER COSTS OF TABULATIONS OF VOTES CAST

ON PAPER OPTICAL SCAN BALLOTS

‘‘Sec. 297. Payments to States to cover costs of carrying out tabulations at certain polling places of votes cast on paper optical scan ballots. 

‘‘Sec. 297A. Authorization of appropriations.’’. 


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1 SEC. 4. ADOPTION OF MODEL POSTING FORMAT BY ELEC2 TION ASSISTANCE COMMISSION. 

3 (a) ADOPTION OF MODEL FORMAT.—Part 3 of sub4 title B of title II of the Help America Vote Act of 2002 

5 (42 U.S.C. 15361 et seq.) is amended by adding at the 

6 end the following new section: 

7 ‘‘SEC. 223. MODEL FORMAT FOR POSTING TABULATION OF 

8 VOTES AND AGGREGATE VOTE COUNTS. 

9 ‘‘(a) ADOPTION OF MODEL FORMAT.—In the same 

10 manner as the Commission adopts the voluntary voting 

11 system guidelines under section 222, the Commission shall 

12 adopt a model format for the posting of the tabulation 

13 of votes and aggregate vote counts which may be used by 

14 States in meeting the requirements for the tabulation and 

15 aggregation of vote counts produced by voting systems 

16 under section 301(a)(7). 

17 ‘‘(b) DEVELOPMENT OF PROPOSED MODEL FORMAT

18 BY DEVELOPMENT COMMITTEE.—In addition to the du19 ties described in section 221(b), the Development Com20 mittee shall develop and forward to the Executive Director 

21 of the Commission a proposed model format for the Com22 mission to adopt under this section.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 of such Act is amended by adding at the end of the items 

25 relating to part 3 of subtitle B of title II the following 

26 new item: 


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‘‘Sec. 223. Model format for posting tabulation of votes and aggregate vote 

counts.’’. 

Æ 


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