II 

108TH CONGRESS 

2D SESSION S. 2437

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 

MAY 18, 2004

Mr. ENSIGN 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. 

4 This Act may be cited as the ‘‘Voting Integrity and 

5 Verification Act of 2004’’. 
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•S 2437 IS 

1 SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECU2 RITY THROUGH PRESERVATION OF A VOTER3 VERIFIED PERMANENT PAPER RECORD. 

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 (1) in paragraph (1)(A)—

7 (A) by striking clause (i) and inserting the 

8 following new clause: 

9 ‘‘(i) permit the voter to verify the ac10 curacy of their ballot (in a private and 

11 independent manner), by allowing the voter 

12 to review an individual paper version of the 

13 voter’s ballot before the voter’s ballot is 

14 cast and counted;’’; 

15 (B) in clause (ii)—

16 (i) by inserting ‘‘discovered on the in17 dividual paper version of the voter’s ballot’’ 

18 after ‘‘to change the ballot or correct any 

19 error’’; and 

20 (ii) by striking ‘‘and’’ after the semi21 colon at the end; 

22 (C) by redesignating clause (iii) as clause 

23 (iv); and 

24 (D) by inserting after clause (ii) the fol25 lowing new clause: 
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•S 2437 IS 

1 ‘‘(iii)(I) preserve the individual paper 

2 version of the voter’s ballot, after the voter 

3 has certified that the same accurately re4 flects the voter’s intent, as the individual 

5 permanent paper record, and 

6 ‘‘(II) preserve such individual perma7 nent paper record at the polling place in 

8 accordance with the provisions of para9 graph (2)(B)(i); and’’; 

10 (2) in paragraph (1)(B), by striking ‘‘subpara11 graph (A)(iii)’’ and inserting ‘‘subparagraph 

12 (A)(iv)’’; and 

13 (3) by striking paragraph (2) and inserting the 

14 following new paragraph: 

15 ‘‘(2) MANUAL AUDIT CAPACITY.—

16 ‘‘(A) IN GENERAL.—The voting system 

17 shall produce an individual permanent paper 

18 record for each ballot that is cast which pro19 vides for voter verification of such record in ac20 cordance with paragraph (1)(A) and which 

21 meets the requirements of subparagraph (B). 

22 ‘‘(B) MANUAL AUDIT CAPACITY.—

23 ‘‘(i) The voting system shall produce 

24 an individual permanent paper record for 

25 each ballot cast that is either—
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•S 2437 IS 

1 ‘‘(I) preserved within the polling 

2 place in the manner in which all other 

3 paper ballots are preserved within 

4 such polling place; or 

5 ‘‘(II) in the absence of such man6 ner or method, which is consistent 

7 with the manner employed by the ju8 risdiction for preserving paper ballots 

9 in general. 

10 ‘‘(ii) Each paper record produced 

11 under clause (i) shall be suitable for a 

12 manual audit equivalent or superior to that 

13 of a paper ballot voting system. 

14 ‘‘(iii) All electronic records produced 

15 by any voting system shall be consistent 

16 with the individual permanent paper 

17 records produced by such voting system. In 

18 the event of any inconsistencies or irreg19 ularities between any electronic records 

20 and the individual permanent paper 

21 records, the individual permanent paper 

22 records shall be the true and correct record 

23 of the votes cast. 

24 ‘‘(iv) The individual permanent paper 

25 records produced under clause (i) shall be 
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•S 2437 IS 

1 used as the official records for purposes of 

2 any recount or audit conducted with re3 spect to any election for Federal office in 

4 which the voting system is used.’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect as if included in the enact7 ment of the Help America Vote Act of 2002.

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