I 
108TH CONGRESS 
2D SESSION 
H. R. 4966
To amend the Help America Vote Act of 2002 to require the software 
used in the operation of an electronic voting machine to meet certain 
requirements as a condition of the use of the machine in elections 
for Federal office, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2004
Mr. LARSON of Connecticut 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 require 
the software used in the operation of an electronic voting 
machine to meet certain requirements as a condition 
of the use of the machine 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 ‘‘Improving Electronic 
Voting Standards and Disclosure Act of 2004’’.
SEC. 2. REQUIREMENTS FOR SOFTWARE USED IN ELEC-
TRONIC 
VOTING 
MACHINES 
IN 
FEDERAL 
ELECTIONS. 
(a) IN GENERAL.—Section 301(a) of the Help Amer-
ica Vote Act of 2002 (42 U.S.C. 15481(a)) is amended 
by adding at the end the following new paragraph: 
‘‘(7) SPECIFIC REQUIREMENTS FOR SOFTWARE 
USED IN ELECTRONIC VOTING MACHINES.—In addi-
tion to any other requirements under this sub-
section, a State or other jurisdiction may not use an 
electronic voting system in an election for Federal 
office unless—
‘‘(A) the manufacturer of the software 
used in the operation of the system has pro-
vided the State with an updated copy of the 
software used in the operation of the system; 
‘‘(B) not later than 30 days before the 
date of the election (and at least once on the 
date of the election) the State tests each voting 
machine used in the system to ensure that the 
software used in the operation of the system is 
working correctly; and 
‘‘(C) the manufacturer of the software 
used in the operation of the system has pro-
vided the Commission with updated information 
regarding the identification of each individual
who participated in the writing of the software, 
including specific information regarding wheth-
er the individual has ever been convicted of a 
crime involving fraud.’’. 
(b) DEADLINE FOR ADOPTION OF VOLUNTARY GUID-
ANCE BY COMMISSION.—Section 311(b)(1) of such Act 
(42 U.S.C. 15501(b)(1)) is amended by striking ‘‘January 
1, 2004’’ and inserting ‘‘January 1, 2004 (or January 1, 
2006, with respect to subsection (a)(7) of such section)’’. 
SEC. 3. REQUIRING LABORATORIES TO MEET STANDARDS 
PROHIBITING CONFLICTS OF INTEREST AS 
CONDITION OF ACCREDITATION FOR TEST-
ING OF VOTING SYSTEM HARDWARE AND 
SOFTWARE. 
(a) IN GENERAL.—Section 231(b) of the Help Amer-
ica Vote Act of 2002 (42 U.S.C. 15371(b)) is amended 
by adding at the end the following new paragraph: 
‘‘(3) PROHIBITING CONFLICTS OF INTEREST.—
A laboratory may not be accredited by the Commis-
sion for purposes of this section unless the labora-
tory meets such standards as the Commission may 
establish to prevent the existence or appearance of 
any conflict of interest in the testing, certification, 
decertification, and recertification carried out by the 
laboratory under this section, including standards to
ensure that the laboratory does not have a financial 
interest in the manufacture, sale, and distribution of 
voting system hardware and software, and is suffi-
ciently independent from other persons with such an 
interest.’’. 
(b) DEADLINE
FOR ESTABLISHMENT
OF STAND-
ARDS.—The Election Assistance Commission shall estab-
lish the standards described in section 231(b)(3) of the 
Help America Vote Act of 2002 (as added by subsection 
(a)) not later than January 1, 2006. 
SEC. 4. POSTING OF NOTICE OF AVAILABILITY OF ADMINIS-
TRATIVE COMPLAINT PROCEDURES IN CASE 
OF FAILURE OF VOTING MACHINES. 
Section 303(b)(2) of the Help America Vote Act of 
2002 (42 U.S.C. 15482(b)(2)) is amended—
(1) by redesignating subparagraphs (E) and 
(F) as subparagraphs (F) and (G); and 
(2) by inserting after subparagraph (D) the fol-
lowing new subparagraph: 
‘‘(E) information regarding the availability 
of the administrative complaint procedures for 
individuals who believe that a voting machine or 
other equipment used in the election is not 
working properly or who otherwise believe that
a State or jurisdiction is not in compliance with 
the requirements of this Act;’’. 
SEC. 5. EFFECTIVE DATE. 
Except as otherwise provided, the amendments made 
by this Act shall apply with respect to the regularly sched-
uled general election for Federal office in November 2006 
and each subsequent election for Federal office.
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