I 
109TH CONGRESS 
2D SESSION 
H. R. 6414 
To amend the Help America Vote Act of 2002 to establish standards for 
the open and accurate tabulation of votes and aggregation of vote counts 
in elections for Federal office, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 7, 2006 
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 open and accurate tabulation of votes 
and aggregation of vote counts in elections for Federal 
office, 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 ‘‘Vote Tabulation Audit 
Act of 2006’’. 
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SEC. 2. STANDARDS FOR OPEN AND ACCURATE TABULA-
TION OF VOTES AND AGGREGATION OF VOTE 
COUNTS. 
(a) REQUIRING STATES TO MEET STANDARDS.— 
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 paragraph: 
‘‘(7) REQUIREMENTS
FOR
TABULATION
OF 
VOTES AND AGGREGATION OF VOTE COUNTS.— 
‘‘(A) REQUIREMENTS.—In tabulating votes 
and determining the aggregate vote count in 
any election for Federal office, each State shall 
meet the following requirements: 
‘‘(i) Upon the closing of the polls at 
each polling place, the appropriate election 
official shall tabulate each of the following, 
in the aggregate for the entire polling 
place and also per precinct in the case of 
a polling place serving more than one pre-
cinct: 
‘‘(I) The number of regular bal-
lots cast on each voting machine, and 
the number cast by hand on regular 
or emergency ballots, at the polling 
place. 
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‘‘(II) The number of votes per 
candidate (excluding over-votes). 
‘‘(III) The number of spoiled bal-
lots. 
‘‘(IV) The number of over-votes, 
under-votes, and blank votes for each 
candidate (or their equivalent). 
‘‘(V) The number of provisional 
ballots cast, both on paper and by vot-
ing machine, including a designation 
of which method was used. 
‘‘(VI) The serial number or num-
bers (in the case of a system with 
more than one such number), model, 
and manufacturer of each voting sys-
tem on which votes were recorded at 
the polling place. 
‘‘(VII) The total number of indi-
viduals who appeared at the polling 
place to cast ballots, determined by 
reference to the number of signatures 
at a sign-in book or other similar 
independent count. 
‘‘(VIII) The total number of vot-
ers who cast ballots in all elections for 
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Federal office on the ballot at the 
polling place. 
‘‘(IX) The number of individuals 
who desired to cast ballots in elections 
for Federal office at the polling place 
but were prohibited from casting bal-
lots 
(including 
provisional 
ballots 
under section 302(a)) by the election 
official. 
‘‘(X) Such other information as 
the State may require. 
‘‘(ii) The appropriate election official 
at the polling place shall prepare a prelimi-
nary certification of the vote count at the 
polling place (as tabulated under clause 
(i)) under the observation of the certified 
tabulation observers admitted to the poll-
ing place under subparagraph (F) (if any), 
shall announce the vote count orally, and 
shall provide and post a paper copy of the 
preliminary certification for the admitted 
tabulation observers and to any election of-
ficial at the polling place. The election offi-
cial at the polling place shall ensure that 
each of the certified tabulation observers 
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admitted to the polling place has full ac-
cess to observe the process by which the 
preliminary certification is produced. Elec-
tion officials shall establish procedures to 
ensure that any duplicate certificates are 
accurate and identical. 
‘‘(iii) After the requirements of clause 
(ii) are met, under the observation of the 
certified tabulation observers admitted to 
the polling place under subparagraph (F) 
(if any), an appropriate election official 
shall display at a prominent location acces-
sible to the public during regular business 
hours a paper copy of the preliminary cer-
tification 
prepared 
under 
clause 
(ii). 
Thereafter, an appropriate election official, 
in the manner prescribed by applicable 
State or local law, shall transmit the infor-
mation contained in such preliminary cer-
tification to the central vote tabulation 
center designated for the tabulation of 
votes by the chief State election official. 
‘‘(iv) As soon as practicable after in-
formation is entered into the central vote 
tabulation center under clause (iii), sub-
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paragraph (B) (with respect to early 
votes), subparagraph (C) (with respect to 
absentee ballots), and subparagraph (D) 
(with respect to provisional ballots counted 
as votes in the election), the information 
shall be displayed on the official public 
websites of the applicable local election of-
ficial and chief State election official, and 
shall be displayed in a manner which dis-
plays for each voting system, together with 
the name of the designated voting official 
who entered the information and the date 
and time the information was entered, each 
of the following: 
‘‘(I) The information tabulated 
under clause (i). 
‘‘(II) The number of early ballots 
cast on each day of the early voting 
period. 
‘‘(III) The aggregate number of 
early votes cast for each candidate. 
‘‘(IV) The number of absentee 
ballots received on each day on which 
such ballots are permitted to be re-
ceived and counted under State law. 
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‘‘(V) The aggregate number of 
absentee votes cast for each can-
didate. 
‘‘(VI) The aggregate number of 
provisional ballots cast. 
‘‘(VII) The number of provisional 
votes cast for each candidate. 
In no event may the information required 
to be displayed under this clause be dis-
played later than noon on the day fol-
lowing the date of the election (or, with re-
spect to information on early votes, absen-
tee ballots, and provisional ballots, prior to 
the closing of the polls on the date of the 
election or later than noon on the day fol-
lowing the date on which the votes and bal-
lots are counted). All of the information re-
quired to be posted under this clause shall 
be presented in a format under which any 
individual may visit the website and view 
and download all of the information. 
‘‘(v) Certified tabulation observers 
shall be authorized to check the informa-
tion posted under clause (iv) and compare 
the information with the preliminary cer-
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tifications provided under clause (ii), sub-
paragraph (B) (with respect to early 
votes), subparagraph (C) (with respect to 
absentee ballots), and subparagraph (D) 
(with respect to provisional ballots counted 
as votes in the election). Each website on 
which information is posted under clause 
(iv) shall include information on the proce-
dures by which discrepancies shall be re-
ported to election officials. If any discrep-
ancy exists between the posted information 
and the relevant preliminary certification, 
the appropriate election official shall dis-
play information on the discrepancy on the 
website on which the information is posted 
under clause (iv) not later than 24 hours 
after the official is made aware of the dis-
crepancy, and shall maintain the informa-
tion on the discrepancy and its resolution 
(if applicable) on such website during the 
entire period for which results of the elec-
tion are typically maintained on such 
website. 
‘‘(vi) The appropriate election official 
shall preserve archived copies of the pre-
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liminary 
certifications 
prepared 
under 
clause (ii) and reports of discrepancies 
filed by certified tabulation observers for 
the period of time during which records 
and papers are required to be retained and 
preserved pursuant to title III of the Civil 
Rights Act of 1960 (42 U.S.C. 1974 et 
seq.) or for the same duration for which 
archived copies of other records of the elec-
tion are required to be preserved under ap-
plicable State law, whichever is longer. 
‘‘(B) TREATMENT OF BALLOTS CAST AT 
EARLY VOTING SITES.— 
‘‘(i) APPLICATION.—The requirements 
of this subparagraph shall apply with re-
spect to the preliminary certification of the 
tabulation of, and the public posting of in-
formation related to, ballots cast by indi-
viduals in person at designated sites prior 
to the date of the election. 
‘‘(ii) PUBLICATION OF SECURITY PRO-
CEDURES.—Prior to the commencement of 
the period during which ballots described 
in clause (i) may be cast, the chief State 
election official shall post on the official’s 
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public website the procedures used to en-
sure that the ballots are secured prior to 
being counted. 
‘‘(iii) DAILY COUNT OF EARLY BAL-
LOTS CAST.—At the close of business on 
each day on which ballots described in 
clause (i) may be cast prior to the date of 
the election, the appropriate election offi-
cial at each such site shall— 
‘‘(I) post a preliminary count of 
the total number of ballots cast (ex-
cluding information on the votes re-
ceived by individual candidates), a 
separate count of the number of bal-
lots cast with respect to each precinct 
served by the site, and a separate 
count of the number of individuals 
who desired to cast ballots at the site 
but were prohibited from casting bal-
lots 
(including 
provisional 
ballots 
under section 302(a)) by the election 
official; 
‘‘(II) under the observation of 
certified tabulation observers admitted 
to the site under subparagraph (F) (if 
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any), prepare and provide a paper 
copy of a preliminary certification of 
the information described in subclause 
(I); 
‘‘(III) under the observation of 
certified tabulation observers admitted 
to the site under subparagraph (F) (if 
any), display at the site, at a promi-
nent location accessible to the public 
during regular business hours, a 
paper copy of the preliminary certifi-
cation prepared under subclause (II); 
and 
‘‘(IV) after meeting the require-
ment of subclause (III), seal and se-
cure the ballots for transmission to 
the central vote tabulation center des-
ignated to receive and tabulate votes 
for the jurisdiction involved or for 
storage at the site. 
‘‘(iv) APPLICATION OF GENERAL TAB-
ULATION REQUIREMENTS.—Upon the clos-
ing of the polls on the date of the election, 
the appropriate election official at the site 
at which such ballots were received or 
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stored prior to the date of the election 
shall meet the requirements of subpara-
graph (A) with respect to such ballots (in-
cluding requirements relating to the role of 
certified tabulation observers) in the same 
manner as an election official at a polling 
place. 
‘‘(C) TREATMENT
OF
ABSENTEE
BAL-
LOTS.— 
‘‘(i) PUBLICATION OF SECURITY PRO-
CEDURES.—Prior to the first date on 
which absentee ballots may be requested, 
the chief State election official shall post 
on the official’s public website the proce-
dures used to ensure that absentee ballots 
cast in elections for Federal office in the 
State are secured prior to being counted. 
‘‘(ii) DAILY
COUNT
OF
BALLOTS 
MAILED AND RECEIVED.— At the close of 
each business day on which a State mails 
or accepts absentee ballots cast in an elec-
tion for Federal office prior to the date of 
the election, the appropriate election offi-
cial shall— 
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