II 

108TH CONGRESS 

2D SESSION S. 2045

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 SENATE OF THE UNITED STATES 

FEBRUARY 2, 2004

Mrs. BOXER introduced the following bill; which was read twice and referred 

to the Committee on Rules and 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.

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Secure and Verifiable Electronic Voting Act of 2004’’ or 

6 the ‘‘SAVE Voting Act of 2004’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows:

Sec. 1. Short title; table of contents. 
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Sec. 2. Promoting accuracy, integrity, and security through voter-verified permanent record or hard copy. 

Sec. 3. Extension of time provided for States to request payments under title 

I. 

Sec. 4. Change in deadline for compliance with standards. 

Sec. 5. Requirement for Federal certification of technological security of voter 

registration lists. 

Sec. 6. Requirement for mandatory recounts. 

Sec. 7. Security standards for manufacturers of federally certified voting systems. 

Sec. 8. Repeal of exemption of Election Assistance Commission from certain 

Government contracting requirements. 

Sec. 9. Effective date.

1 SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECU2 RITY THROUGH VOTER-VERIFIED PERMA3 NENT RECORD OR HARD COPY. 

4 (a) IN GENERAL.—Section 301(a)(2) of the Help 

5 America Vote Act of 2002 (42 U.S.C. 15481(a)(2)) is 

6 amended to read as follows: 

7 ‘‘(2) VOTER-VERIFICATION AND MANUAL AUDIT

8 CAPACITY.— 

9 ‘‘(A) VOTER-VERIFICATION.—The voting 

10 system shall produce a voter-verified paper 

11 record suitable for a manual audit equivalent or 

12 superior to that of a paper ballot voting system 

13 and that meets the requirements of subpara14 graph (B). 

15 ‘‘(B) MANUAL AUDIT CAPACITY.— 

16 ‘‘(i) The voting system shall produce a 

17 permanent paper record, each individual 

18 paper record of which shall be made avail19 able for inspection and verification by the 
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1 voter at the time the vote is cast, and pre2 served within the polling place in the man3 ner in which all other paper ballots are 

4 preserved within the polling place on Elec5 tion Day for later use in any manual audit. 

6 ‘‘(ii) The voting system shall provide 

7 the voter with an opportunity to correct 

8 any error made by the system before the 

9 permanent record is preserved for use in 

10 any manual audit. 

11 ‘‘(iii) The voter-verified paper record 

12 produced under subparagraph (A) and this 

13 subparagraph shall be available as an offi14 cial record and shall be the official record 

15 used for any recount conducted with re16 spect to any election in which the system 

17 is used. 

18 ‘‘(iv) The voter-verified paper record 

19 produced under subparagraph (A) and this 

20 subparagraph may not be produced on 

21 thermal paper. 

22 ‘‘(C) SOFTWARE AND MODEMS.— 

23 ‘‘(i) No voting system shall at any 

24 time contain or use undisclosed software. 

25 Any voting system containing or using 
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1 software shall disclose the source code of 

2 that software to the Commission, and the 

3 Commission shall make that source code 

4 available for inspection upon request to 

5 any citizen. 

6 ‘‘(ii) No voting system shall contain 

7 any wireless communication device at all. 

8 ‘‘(iii) All software and hardware used 

9 in any electronic voting system shall be 

10 certified by laboratories accredited by the 

11 Commission as meeting the requirements 

12 of clauses (i) and (ii).’’. 

13 (b) VOTER VERIFICATION OF RESULTS FOR INDIVID14 UALS WITH DISABILITIES.—Section 301(a)(3) of such 

15 Act (42 U.S.C. 15481(a)(3)) is amended— 

16 (1) in the heading, by inserting ‘‘AND VOTER17 VERIFICATION OF RESULTS’’ after ‘‘ACCESSIBILITY’’; 

18 (2) in subparagraph (B), by inserting before ‘‘; 

19 and’’ the following: ‘‘, and such voting system shall 

20 provide a mechanism for voter-verification of results 

21 and manual audit capacity in a manner analogous to 

22 the manner required under subparagraphs (A) and 

23 (B) of paragraph (2), but that does not require the 

24 use of paper’’; and 
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1 (3) by amending subparagraph (C) to read as 

2 follows:

3 ‘‘(C) meet the voting system standards for 

4 disability access and voter-verification of results 

5 as outlined in this paragraph in accordance 

6 with the deadline described in subsection (d), 

7 except that, if it does not and a paper ballot 

8 voting system is used on an interim basis in ac9 cordance with section 102(a)(3)(B), any indi10 vidual who requires assistance to vote by reason 

11 of blindness, disability, or inability to read or 

12 write shall have the option of using such voting 

13 system with the assistance of a person chosen 

14 by that individual in accordance with section 

15 208 of the Voting Rights Act of 1965 or using 

16 the voting system otherwise put in place for use 

17 by voters at the time in question in accordance 

18 with this Act, as in effect prior to the enact19 ment of the Secure and Verifiable Electronic 

20 Voting Act of 2004, except that ‘2006’ shall be 

21 substituted for ‘2007’ in section 301(a)(3)(C).’’. 

22 (c) NOTIFICATION OF RIGHT TO ASSISTANCE OF AN

23 AIDE.—Section 302(b)(2) of the Help America Vote Act 

24 of 2002 (42 U.S.C. 15482(b)(2)) is amended— 
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1 (1) in subparagraph (E), by striking ‘‘and’’ 

2 after the semicolon at the end; 

3 (2) in subparagraph (F), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new sub6 paragraph: 

7 ‘‘(G) information on the right of any indi8 vidual who requires assistance to vote by reason 

9 of blindness, disability, or inability to read or 

10 write to be given assistance by a person chosen 

11 by that individual under section 208 of the Vot12 ing Rights Act of 1965.’’. 

13 (d) VOTER-VERIFICATION AND AUDIT CAPACITY

14 FUNDING.—Title II of the Help America Vote Act of 2002 

15 is amended by adding at the end the following new part: 

16 ‘‘PART 7—VOTER-VERIFICATION AND AUDIT 

17 CAPACITY FUNDING 

18 ‘‘SEC. 271. VOTER-VERIFICATION AND AUDIT CAPACITY 

19 FUNDING. 

20 ‘‘(a) PAYMENTS TO STATES.—Subject to subsection 

21 (b), not later than the date that is 30 days after the date 

22 of the enactment of the Secure and Verifiable Electronic 

23 Voting Act of 2004, the Election Assistance Commission 

24 shall pay to each State an amount to assist the State in 

25 paying for the implementation of the voter-verification and 
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1 audit capacity requirements of paragraphs (2) and (3) of 

2 section 301(a), as amended by subsections (a) and (b) of 

3 section 2 of the Secure and Verifiable Electronic Voting 

4 Act of 2004. 

5 ‘‘(b) LIMITATION.—The amount paid to a State 

6 under subsection (a) for each voting system purchased by 

7 a State may not exceed the average cost of adding a print8 er to each type of voting system that the State could have 

9 purchased to meet the requirements described in such sub10 section. 

11 ‘‘SEC. 272. APPROPRIATION. 

12 ‘‘Such sums are appropriated to the Election Assist13 ance Commission, without fiscal year limitation, as may 

14 be necessary to make payments to States in accordance 

15 with section 271(a).’’. 

16 (e) SPECIFIC, DELINEATED REQUIREMENT OF

17 STUDY, TESTING, AND DEVELOPMENT OF BEST PRAC18 TICES.—In addition to any other requirements under the 

19 Help America Vote Act of 2002, the Election Assistance 

20 Commission shall study, test, and develop best practices 

21 to enhance accessibility and voter-verification mechanisms 

22 for disabled voters. 
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1 SEC. 3. EXTENSION OF TIME PROVIDED FOR STATES TO RE2 QUEST PAYMENTS UNDER TITLE I. 

3 (a) PAYMENTS FOR ACTIVITIES TO IMPROVE ADMIN4 ISTRATION OF ELECTIONS.—Section 101(a) of the Help 

5 America Vote Act of 2002 (42 U.S.C. 15301(a)) is amend6 ed by striking ‘‘not later than 6 months after the date 

7 of the enactment of this Act’’ and inserting ‘‘not later than 

8 the Tuesday next after the first Monday in November 

9 2004’’. 

10 (b) PAYMENTS FOR REPLACEMENT OF PUNCH CARD

11 OR LEVER VOTING MACHINES.—Section 102(b)(1) of the 

12 Help America Vote Act of 2002 (42 U.S.C. 15301(b)(1)) 

13 is amended by striking ‘‘not later than the date that is 

14 6 months after the date of the enactment of this Act’’ and 

15 inserting ‘‘not later than the Tuesday next after the first 

16 Monday in November 2004’’. 

17 (c) EXTENSION OF PERIOD OF AUTHORIZATION OF

18 APPROPRIATIONS.— 

19 (1) IN GENERAL.—Section 104(a) of the Help 

20 America Vote Act of 2002 (42 U.S.C. 15304(a)) is 

21 amended by striking ‘‘$650,000,000’’ and inserting 

22 ‘‘an aggregate amount of $650,000,000 for fiscal 

23 years 2003 through 2005’’. 

24 (2) DATE FOR TRANSFER TO ELECTION ASSIST25 ANCE COMMISSION OF UNOBLIGATED FUNDS.—Sec26 tion 104(c)(2)(B) of the Help America Vote Act of 
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1 2002 (42 U.S.C. 15304(c)(2)(B)) is amended by 

2 striking ‘‘September 1, 2003’’ and inserting ‘‘Janu3 ary 1, 2005’’.

4 (d) REQUIREMENT TO DEPLOY INTERIM MEASURE

5 IF WAIVER REQUESTED.—Section 102(a)(3)(B) of the 

6 Help America Vote Act of 2002 (42 U.S.C. 

7 15301(a)(3)(B)) is amended by striking the period at the 

8 end and inserting the following: ‘‘, except that any State 

9 requesting any such waiver shall accept and implement a 

10 paper ballot voting system for use on an interim basis as 

11 provided in section 4(b) of the Secure and Verifiable Elec12 tronic Voting Act of 2004 in time for use in the regularly 

13 scheduled general election for Federal office held in No14 vember 2004.’’. 

15 SEC. 4. CHANGE IN DEADLINE FOR COMPLIANCE WITH 

16 STANDARDS. 

17 (a) IN GENERAL.—Section 301(d) of the Help Amer18 ica Vote Act of 2002 (42 U.S.C. 15481(d)) is amended 

19 by striking ‘‘on and after January 1, 2006’’ and inserting 

20 ‘‘in time for elections for Federal office beginning with the 

21 regularly scheduled general election to be held in Novem22 ber 2004’’. 

23 (b) INTERIM PAPER BALLOT VOTING SYSTEM.—Sec24 tion 301 of the Help America Vote Act of 2002 (42 U.S.C. 
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1 15481(d)) is amended by adding at the end the following 

2 new subsection: 

3 ‘‘(e) INTERIM PAPER BALLOT VOTING SYSTEM.—

4 Each State and jurisdiction that certifies by July 1, 2004, 

5 in a manner similar to the manner described in section 

6 102(a)(3)(B) that it is unable to comply with the require7 ments of section 301, as amended by the Secure and 

8 Verifiable Electronic Voting Act of 2004, in time for the 

9 regularly scheduled general election for Federal office to 

10 be held in November 2004 shall use a paper ballot voting 

11 system, based on paper ballot voting systems in use in the 

12 jurisdiction, if any, that shall be deemed compliant with 

13 section 301 by the Commission for use in the November 

14 2004 general elections. The Commission shall reimburse 

15 the State or jurisdiction for any costs incurred in using 

16 such a system.’’. 

17 SEC. 5. REQUIREMENT FOR FEDERAL CERTIFICATION OF 

18 TECHNOLOGICAL SECURITY OF VOTER REG19 ISTRATION LISTS. 

20 Section 303(a)(3) of the Help America Vote Act of 

21 2002 (42 U.S.C. 15483(a)(3)) is amended by striking 

22 ‘‘measures to prevent the’’ and inserting ‘‘measures, as 

23 certified by the Election Assistance Commission, to pre24 vent’’. 
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1 SEC. 6. REQUIREMENT FOR MANDATORY RECOUNTS. 

2 The Election Assistance Commission shall conduct 

3 unannounced manual recounts of the voter-verified records 

4 of each election for Federal office (and, at the option of 

5 the State or jurisdiction involved, elections for State and 

6 local office) in 0.5 percent of the jurisdictions in each 

7 State (as defined in section 901 of the Help America Vote 

8 Act of 2002) and, including overseas voters (as defined 

9 in section 107(5) of the Uniformed and Overseas Citizens 

10 Absentee Voting Act), immediately following each general 

11 election for Federal office and shall promptly publish the 

12 results of those recounts. The treatment of the results of 

13 the recount shall be governed by applicable Federal, State, 

14 or local law. 

15 SEC. 7. SECURITY STANDARDS FOR MANUFACTURERS OF 

16 FEDERALLY CERTIFIED VOTING SYSTEMS. 

17 (a) IN GENERAL.—Section 301(a) of the Help Amer18 ica Vote Act of 2002 (42 U.S.C. 15481(a)) is amended 

19 by adding at the end the following new paragraph: 

20 ‘‘(7) SECURITY STANDARDS FOR MANUFACTUR21 ERS OF VOTING SYSTEMS USED IN FEDERAL ELEC22 TIONS.— 

23 ‘‘(A) IN GENERAL.—No voting system may 

24 be used in an election for Federal office unless 

25 the manufacturer of such system meets the re26 quirements described in subparagraph (B). 
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1 ‘‘(B) REQUIREMENTS DESCRIBED.—The 

2 requirements described in this subparagraph 

3 are as follows: 

4 ‘‘(i) The manufacturer shall conduct 

5 background checks on individuals who are 

6 programmers and developers before such 

7 individuals work on any software used in 

8 connection with the voting system. 

9 ‘‘(ii) The manufacturer shall docu10 ment the chain of custody for the handling 

11 of software used in connection with voting 

12 systems. 

13 ‘‘(iii) The manufacturer shall ensure 

14 that any software used in connection with 

15 the voting system is not transferred over 

16 the Internet. 

17 ‘‘(iv) The manufacturer shall provide 

18 the codes used in any software used in con19 nection with the voting system to the Com20 mission and may not alter such codes once 

21 certification has occurred unless such sys22 tem is recertified. 

23 ‘‘(v) The manufacturer shall imple24 ment procedures to ensure internal secu25 rity, as required by the Director of the Na-
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1 tional Institute of Standards and Tech2 nology. 

3 ‘‘(vi) The manufacturer shall meet 

4 such other requirements as may be estab5 lished by the Director of the National In6 stitute of Standards and Technology.’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) shall apply with respect to voting systems 

9 used on and after the date of the regularly scheduled gen10 eral election for Federal office held in November 2004. 

11 SEC. 8. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE 

12 COMMISSION FROM CERTAIN GOVERNMENT 

13 CONTRACTING REQUIREMENTS. 

14 (a) IN GENERAL.—Section 205 of the Help America 

15 Vote Act of 2002 (42 U.S.C. 15325) is amended by strik16 ing subsection (e). 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 subsection (a) shall apply with respect to contracts entered 

19 into by the Election Assistance Commission on or after 

20 the date of the enactment of this Act. 

21 SEC. 9. EFFECTIVE DATE. 

22 Except as provided in sections 7(b) and 8(b), the 

23 amendments made by this Act shall take effect as if in-
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1 cluded in the enactment of the Help America Vote Act 

2 of 2002.

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