I 
109TH CONGRESS 
1ST SESSION H. R. 3094 
To amend the Help America Vote Act of 2002 to improve the fairness 
and accuracy of voter registration in elections for Federal office, establish 
a uniform standard for the treatment of provisional ballots cast at 
an incorrect polling place, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 28, 2005 
Mr. HOYER 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 improve 
the fairness and accuracy of voter registration in elec-
tions for Federal office, establish a uniform standard 
for the treatment of provisional ballots cast at an incor-
rect polling place, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Secure America’s Vote 
Act of 2005’’.
SEC. 2. IMPROVING FAIRNESS AND ACCURACY OF VOTER 
REGISTRATION. 
(a) EMPHASIZING CITIZENSHIP REQUIREMENT ON 
VOTER REGISTRATION FORMS.—Paragraph (4) of section 
303(b) of the Help America Vote Act of 2002 (42 U.S.C. 
15483(b)(4)) is amended to read as follows: 
‘‘(4) EMPHASIZING CITIZENSHIP REQUIREMENT 
ON VOTER REGISTRATION FORMS.—The Commission 
shall revise the mail voter registration form devel-
oped under section 9(a)(2) of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg–(a)(2)) 
so that the form provides a more prominent empha-
sis of the requirement that an individual must be a 
citizen of the United States to register to vote in 
elections for Federal office.’’. 
(b) PROHIBITING REJECTION OF APPLICATION FOR 
ERRORS
CORRECTABLE
BY
STATE.—Section 
303(a)(5)(A)(iii) 
of 
such 
Act 
(42 
U.S.C. 
15483(a)(5)(A)(iii)) is amended to read as follows: 
‘‘(iii) PROHIBITING REJECTION OF AP-
PLICATION FOR ERRORS CORRECTABLE BY 
STATE.—A State shall not reject an appli-
cation for voter registration for Federal of-
fice solely on the grounds that the indi-
vidual failed to provide the information re-
quired under clause (i) or made an error in
providing such information, if with reason-
able effort the State would be able to pro-
vide the correct information.’’. 
(c) PREVENTING INCORRECT REMOVAL OF ELIGIBLE 
VOTERS FROM VOTER REGISTRATION LIST.— 
(1) REQUIRING DATABASES TO MEET ACCURACY 
STANDARDS.— 
(A) IN GENERAL.—Section 303(a) of such 
Act (42 U.S.C. 15483(a)) is amended by add-
ing at the end the following new paragraph: 
‘‘(6) REQUIRING DATABASES USED TO REMOVE 
VOTERS TO MEET ACCURACY STANDARDS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of this subsection or any provi-
sion of the National Voter Registration Act of 
1993, a State may not remove an individual 
from the official list of eligible voters for elec-
tions for Federal office in the State by reason 
of felony status or by reason of the death of the 
registrant unless the applicable database meets 
accuracy standards established by the Director 
of the National Institute of Standards and 
Technology in consultation with the Commis-
sion.
‘‘(B) APPLICABLE DATABASE DEFINED.— 
In this paragraph, the term ‘applicable data-
base’ means— 
‘‘(i) in the case of an individual re-
movable from the official list of eligible 
voters by reason of felony status, the data-
base used by the State to determine the in-
dividual’s felony status; or 
‘‘(ii) in the case of an individual re-
movable from the official list of eligible 
voters by reason of death, the database 
used by the State to determine which indi-
viduals have died.’’. 
(B) CONFORMING
AMENDMENT.—Section 
303(a)(2)(A) 
of 
such 
Act 
(42 
U.S.C. 
15483(a)(2)(A)) is amended by striking ‘‘The 
appropriate’’ and inserting ‘‘Except as provided 
in paragraph (6), the appropriate’’. 
(C) DEADLINE
FOR
ESTABLISHMENT
OF 
STANDARDS.—The Director of the National In-
stitute of Standards and Technology shall es-
tablish the accuracy standards described in sec-
tion 303(a)(6) of the Help America Vote Act of 
2002 (as added by subparagraph (A)) not later 
than January 1, 2006.
(2) PUBLICATION OF LIST OF INDIVIDUALS RE-
MOVED FROM COMPUTERIZED LIST.—Section 303(a) 
of such Act (42 U.S.C. 15483(a)), as amended by 
paragraph (1), is further amended by adding at the 
end the following new paragraph: 
‘‘(7) PUBLIC
NOTICE
OF
INDIVIDUALS
RE-
MOVED FROM COMPUTERIZED LIST.—Not later than 
45 days before the date of any Federal election held 
in the State, each State shall notify the public, by 
posting on the Internet on the public web site of the 
chief State election official and through such other 
methods as the State considers appropriate, of— 
‘‘(A) all names which have been removed 
from the computerized list established and 
maintained under this section since the later of 
the most recent election for Federal office held 
in the State or the day of the most recent pre-
vious public notice provided under this section; 
‘‘(B) the criteria, processes, and proce-
dures used to determine which names were re-
moved; and 
‘‘(C) information on the steps an individual 
may take to appeal the removal of the individ-
ual’s name from the list and reinstate the indi-
vidual to the list prior to the election.’’.
(3) CONFORMING
AMENDMENT
RELATING
TO 
APPLICABILITY
OF
DEFINITION
OF
CHIEF
STATE 
ELECTION OFFICIAL.—Section 253(e) of such Act 
(42 U.S.C. 15403(e)) is amended by striking ‘‘this 
subtitle’’ and inserting ‘‘this Act’’. 
(4) EFFECTIVE
DATE.—Section 303(d)(1) of 
such Act (42 U.S.C. 15483(d)(1)) is amended— 
(A) in subparagraph (A), by striking ‘‘sub-
paragraph (B)’’ and inserting ‘‘subparagraphs 
(B) and (C)’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(C) EXCEPTION FOR CERTAIN REQUIRE-
MENTS.—Each State shall be required to com-
ply with the requirements of paragraph (6) of 
subsection (a) (relating to accuracy standards 
for databases used for voter removal) and para-
graph (7) of subsection (a) (relating to public 
notice of individuals removed from the comput-
erized list) not later than January 1, 2006.’’.
SEC. 3. UNIFORM STANDARD FOR TREATMENT OF PROVI-
SIONAL BALLOTS CAST AT INCORRECT POLL-
ING PLACES. 
Section 302(a)(4) of the Help America Vote Act of 
2002 (42 U.S.C. 15482(a)(4)) is amended to read as fol-
lows: 
‘‘(4)(A) An individual’s provisional ballot shall 
be counted as a vote in an election for Federal office 
if the appropriate State or local election official to 
whom the ballot or voter information is transmitted 
under paragraph (3) determines that the individual 
is eligible under State law to vote in that election— 
‘‘(i) at the polling place at which the indi-
vidual cast the provisional ballot; or 
‘‘(ii) at any other polling place at which 
votes are cast, in the same election for the same 
Federal office, which is located— 
‘‘(I) in the case of elections held prior 
to 2008, in the registrar’s jurisdiction (or, 
at the option of the State, in the State), or 
‘‘(II) in the case of elections held dur-
ing 2008 or any subsequent year, in the 
State. 
‘‘(B) The appropriate State or local election of-
ficial shall ensure that, at each polling place for an
election for Federal office, a list is available which 
shows—
‘‘(i) all individuals registered to vote in 
that election at all polling places located in the 
registrar’s jurisdiction; and 
‘‘(ii) for each such individual, the polling 
place at which the individual is registered. 
‘‘(C) In this paragraph, the term ‘registrar’s ju-
risdiction’ has the meaning given such term in sec-
tion 8(j) of the National Voter Registration Act of 
1993 (42 U.S.C. 1973gg–6(j)).’’. 
SEC. 4. ADDITIONAL SECURITY REQUIREMENTS FOR VOT-
ING SYSTEMS. 
Section 301(a) of the Help America Vote Act of 2002 
(42 U.S.C. 15481(a)) is amended by adding at the end 
the following new paragraphs: 
‘‘(7) SECURITY STANDARDS FOR VOTING SYS-
TEMS USED IN FEDERAL ELECTIONS.—
‘‘(A) IN GENERAL.—No voting system may 
be used in an election for Federal office in a 
State unless the manufacturer of the system, 
the manufacturer of the software used in con-
nection with the system for the election (here-
after in this paragraph referred to as the ‘elec-
tion software’), and the chief State election offi-
cial of the State meet the applicable require-
ments described in subparagraph (B). 
‘‘(B) REQUIREMENTS
DESCRIBED.—The 
requirements described in this subparagraph 
with respect to a voting system used in a State 
are as follows: 
‘‘(i) The chief State election official 
shall ensure that all custodians of the elec-
tion software digitally sign the software (in 
accordance with standards established by 
the National Institute of Standards and 
Technology), shall provide the Commission 
with information on the steps taken to en-
sure that these custodians meet this re-
quirement, and shall make the information 
provided to the Commission available to 
the public by posting the information on 
the Internet on the public web site of the 
chief State election official. 
‘‘(ii) The manufacturer of the system 
and the manufacturer of the election soft-
ware shall each provide the Commission 
and the chief State election official with 
updated information regarding the identi-
fication of each individual who participated
in the writing of the software, including 
specific information regarding whether the 
individual has ever been convicted of a fel-
ony or of any crime involving election 
fraud. 
‘‘(iii) The manufacturer of the system 
and the manufacturer of the election soft-
ware (as the case may be) shall provide the 
source code, object code, and executable 
representation of the software to the Com-
mission and the chief State election offi-
cial, and shall notify the chief State elec-
tion official immediately if the manufac-
turer alters such codes. 
‘‘(iv) The manufacturer of the system 
and the manufacturer of the election soft-
ware shall meet standards established by 
the Commission to prevent the existence or 
appearance of any conflict of interest with 
respect to candidates for public office and 
political parties, including standards to en-
sure that each such manufacturer and its 
officers and directors do not hold positions 
of authority in any political party or in any 
partisan political campaign.
‘‘(C) PUBLIC
AVAILABILITY
OF
CERTAIN 
INFORMATION.—Upon request by any member 
of the public, the Commission or each chief 
State election official shall make available on a 
timely basis any information provided to or 
maintained by the Commission or the official 
under subparagraph (B)(iii). 
‘‘(8) PROHIBITION OF USE OF WIRELESS COM-
MUNICATIONS
DEVICES
IN
VOTING
SYSTEMS.—No 
voting system shall contain, use, or be accessible by 
any wireless, power-line, or concealed communication 
device. 
‘‘(9) PROHIBITING CONNECTION OF SYSTEM OR 
TRANSMISSION OF SYSTEM INFORMATION OVER THE 
INTERNET.—No component of any voting system 
upon which votes are cast shall be connected to the 
Internet.’’. 
SEC. 5. PUBLICATION OF STATE ELECTION LAWS. 
(a) REQUIRING STATES TO MAKE ELECTION LAWS 
AVAILABLE
TO PUBLIC.—Section 302(b) of the Help 
America Vote Act of 2002 (42 U.S.C. 15482) is amend-
ed— 
(1) by redesignating paragraph (2) as para-
graph (3); and
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) 
PUBLICATION
OF
STATE
ELECTION 
LAWS.— 
‘‘(A) REGULAR
REPUBLICATION
DURING 
ELECTION YEARS.—The chief State election of-
ficial of each State shall publish all State laws, 
regulations, procedures, and practices relating 
to Federal elections on January 1 of each year 
in which there is a regularly scheduled election 
for a Federal office (beginning with 2006). 
‘‘(B) MAINTENANCE ON THE INTERNET.— 
Each State shall be required to post on the 
Internet on the public web site of the chief 
State election official all of the material re-
ferred to in paragraph (1), and to update the 
contents of such site to reflect revisions to such 
material not later than 24 hours after a revi-
sion is made.’’. 
(b) CONFORMING AMENDMENTS.—Section 302 of 
such Act (42 U.S.C. 15482) is amended— 
(1) in subsection (b)(3) (as redesignated by 
subsection (a)(1)), by striking ‘‘this section’’ and in-
serting ‘‘paragraph (1)’’; and