I 
110TH CONGRESS 
2D SESSION 
H. R. 7247 
To amend the Help America Vote Act of 2002 to establish standards for 
the transparent and accurate tabulation of votes and aggregation of 
vote counts in elections for Federal office, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 2, 2008 
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 transparent 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 2008’’. 
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SEC. 2. REQUIRING STATES TO MEET STANDARDS FOR 
TRANSPARENT AND ACCURATE TABULATION 
OF VOTES AND AGGREGATION OF VOTE 
COUNTS. 
(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) REQUIREMENTS
FOR
TRANSPARENCY
IN 
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: 
‘‘(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. 
‘‘(II) The number of votes per 
candidate (excluding over-votes). 
‘‘(III) The number of spoiled bal-
lots. 
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‘‘(IV) The number of over-votes, 
under-votes, and blank votes (or their 
equivalent) for each candidate. 
‘‘(V) The number of provisional 
ballots cast, both on paper and by vot-
ing machine. 
‘‘(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 
in a sign-in book or other similar 
independent count. 
‘‘(VIII) The total number of vot-
ers who cast ballots in all elections for 
Federal office on the ballot at the 
polling place. 
‘‘(IX) Such other information as 
the State may require. 
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‘‘(ii) The appropriate election officials 
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 prepare and post a paper copy of the 
preliminary certification for the admitted 
tabulation observers at the polling place. 
Such officials shall ensure that each of the 
certified tabulation observers admitted to 
the polling place has full access to observe 
the process by which the preliminary cer-
tification is produced and a reasonable pe-
riod of time to review the preliminary cer-
tification before the polling place is closed, 
and (if feasible) shall provide such observ-
ers with identical duplicate certificates. 
‘‘(iii) After the requirements of clause 
(ii) are met, the appropriate election offi-
cial, in the manner prescribed by applica-
ble State or local law, shall transmit the 
information contained in such preliminary 
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certification 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-
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 appropriate 
election official shall display (at a promi-
nent location accessible to the public dur-
ing regular business hours and in or within 
reasonable proximity to the polling place) a 
paper copy of the preliminary certification 
prepared under clause (ii), and the infor-
mation shall be displayed on the official 
public websites of the applicable local elec-
tion official and chief State election official 
in a manner which displays, 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: 
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‘‘(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. 
‘‘(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 
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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) Each website on which informa-
tion is posted under clause (iv) shall in-
clude information on the procedures by 
which discrepancies shall be reported to 
election officials. If any discrepancy exists 
between the posted information and the 
relevant preliminary certification, the ap-
propriate election official shall display in-
formation 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. 
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‘‘(vi) The appropriate election official 
shall preserve archived copies of the pre-
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) DAILY
COUNT
OF
EARLY
BAL-
LOTS CAST.—At the close of business on 
each day on which ballots described in 
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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 individuals who 
appeared at the site to cast ballots, 
determined by reference to the num-
ber of signatures in a sign-in book or 
other similar independent count, and 
the total number of ballots cast (ex-
cluding information on the votes re-
ceived by individual candidates); 
‘‘(II) under the observation of 
certified tabulation observers admitted 
to the site under subparagraph (F) (if 
any), prepare and post a paper copy 
of a preliminary certification of the 
information described in subclause (I), 
and shall ensure that each of the cer-
tified tabulation observers admitted to 
the site has full access to observe the 
process by which the preliminary cer-
tification is produced and a reasonable 
period of time to review the prelimi-
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nary certification before the site is 
closed; and 
‘‘(III) display at the site during 
regular business hours for the dura-
tion of the early voting period a paper 
copy of the preliminary certification 
prepared under subclause (II). 
‘‘(iii) 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 are secured shall 
meet the requirements of subparagraph 
(A) with respect to such ballots (including 
requirements relating to the role of cer-
tified tabulation observers) in the same 
manner as an election official at a polling 
place. 
‘‘(C) TREATMENT
OF
ABSENTEE
BAL-
LOTS.— 
‘‘(i) 
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 
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the election, the appropriate election offi-
cial shall— 
‘‘(I) tabulate the total number of 
absentee ballots mailed and received 
by the official during that day and a 
separate count of the number of ab-
sentee ballots received but rejected 
(separated into categories of the rea-
sons for rejection); 
‘‘(II) under the observation of 
certified tabulation observers admitted 
under subparagraph (F) to the site at 
which the ballots are mailed and re-
ceived (if any), prepare and post a 
paper copy of a preliminary certifi-
cation of the information described in 
subclause (I), and ensure that each of 
the certified tabulation observers ad-
mitted to the site has full access to 
observe the process by which the pre-
liminary certification is produced and 
a reasonable period of time to review 
the preliminary certification before the 
site is closed; and 
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‘‘(III) display at the site during 
regular business hours for the dura-
tion of the period during which absen-
tee ballots are processed a paper copy 
of the preliminary certification pre-
pared under subclause (II). 
‘‘(ii) APPLICATION OF GENERAL TAB-
ULATION REQUIREMENTS.—At the close of 
business on the last day on which absentee 
ballots are counted prior to the certifi-
cation of the election, the appropriate elec-
tion official at the site at which absentee 
ballots are received and counted shall meet 
the requirements of subparagraph (A) with 
respect to such ballots (including require-
ments relating to the role of certified tab-
ulation observers) in the same manner as 
an election official at a polling place. 
‘‘(D) TREATMENT OF PROVISIONAL BAL-
LOTS.—At the close of business on the day on 
which the appropriate election official deter-
mines whether or not provisional ballots cast in 
an election for Federal office will be counted as 
votes in the election (as described in section 
302(a)(4)), the official shall— 
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‘‘(i) post a preliminary count of the 
number of such ballots for which a deter-
mination was made, the number of ballots 
counted, and the number of ballots rejected 
(separated into categories of the reason for 
the rejection); 
‘‘(ii) under the observation of certified 
tabulation observers admitted under sub-
paragraph (F) to the site at which the de-
termination is made (if any), prepare and 
post a paper copy of a preliminary certifi-
cation of the information described in 
clause (i), and ensure that each of the cer-
tified tabulation observers admitted to the 
site has full access to observe the process 
by which the preliminary certification is 
produced and a reasonable period of time 
to review the preliminary certification be-
fore the site is closed; and 
‘‘(iii) display at the site during reg-
ular business hours for the duration of the 
period during which provisional ballots are 
processed a paper copy of the preliminary 
certification prepared under clause (ii). 
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‘‘(E) REQUIREMENTS IN CASE OF SYSTEM 
FAILURE
DURING
TABULATION.—The appro-
priate election officials shall prepare and post 
contingency plans which will enable the officials 
to meet the requirements of this paragraph in 
the event of machine failure. 
‘‘(F) ADMISSION OF CERTIFIED TABULA-
TION OBSERVERS.— 
‘‘(i) 
CERTIFIED
TABULATION
OB-
SERVER DEFINED.—In this paragraph, a 
‘certified tabulation observer’ is an indi-
vidual who is certified by an appropriate 
election official as authorized to carry out 
the responsibilities of a certified tabulation 
observer under this paragraph. 
‘‘(ii) 
SELECTION.—In 
determining 
which individuals to certify as tabulation 
observers and admit to a polling place or 
other location to serve as certified tabula-
tion observers with respect to an election 
for Federal office, the election official shall 
give preference to individuals who are af-
filiated with a candidate in the election, ex-
cept that— 
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‘‘(I) the number of individuals 
admitted who are affiliated with the 
same candidate for Federal office may 
not exceed one; and 
‘‘(II) the maximum number of in-
dividuals who may be admitted shall 
equal the number of candidates in the 
election plus 3, or such greater num-
ber as may be authorized under State 
law. 
‘‘(iii) RESPONSIBILITIES OF ELECTION 
OFFICIALS.—The appropriate election offi-
cial shall provide certified tabulation ob-
servers with assistance and materials nec-
essary to enable the observers to carry out 
their responsibilities under this paragraph, 
including— 
‘‘(I) providing not fewer than 2 
hours of training; 
‘‘(II) providing sample prelimi-
nary certification reports consistent 
with the reports which will be used on 
the date of the election; and 
‘‘(III) furnishing each observer 
with an appropriate badge or other 
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identification which may be worn 
while the observer is exercising the ob-
server’s function under this para-
graph. 
‘‘(iv) NO EFFECT ON ADMISSION OF 
OTHER OBSERVERS.—Nothing in this sub-
paragraph may be construed to limit or 
otherwise affect the authority of other indi-
viduals to enter and observe polling place 
operations under any other law, including 
international observers authorized under 
any treaty or observers of the Federal Gov-
ernment authorized under the Voting 
Rights Act of 1965. 
‘‘(G) MANDATORY
HAND
RECOUNT
IN 
CASE OF UNRESOLVED DISCREPANCY.— 
‘‘(i) RECOUNT IN THE CASE OF UNRE-
SOLVED
DISCREPANCY
REQUIRED
PRIOR 
TO
CERTIFICATION
OF
RESULT.—If the 
chief State election official determines, on 
the basis of information reported under 
subparagraph (A), that there is an unre-
solved discrepancy between the information 
posted on the website of the chief State 
election official and the preliminary certifi-
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cation provided to a certified tabulation ob-
server under subparagraph (A) for any 
precinct in which ballots are cast in an 
election, the chief State election official 
may not issue a final certification of the 
results of the election until the appropriate 
election official has completed a hand 
count of the ballots cast in the election in 
the precinct in which the unresolved dis-
crepancy exists, using the voter-marked 
paper ballots or voter-verifiable paper 
records of votes cast on voting machines if 
required by Federal or State law or used 
in the jurisdiction, or (if not so required or 
used) the permanent paper records re-
quired to be produced under paragraph 
(2). 
‘‘(ii) POSTING
OF
INFORMATION.— 
The chief State election official shall en-
sure that the information obtained during 
the hand count conducted under clause (i), 
including the final certified vote totals, 
shall be displayed on the official public 
websites of the applicable local election of-
ficial and chief State election official using 
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the same categories and in the same man-
ner applicable to the information required 
to be displayed with respect to a prelimi-
nary vote count under subparagraph 
(A)(iv). 
‘‘(H) NO EFFECT ON OTHER TABULATION 
REQUIREMENTS.—Nothing in this Act may be 
construed to supersede any requirement that an 
election official at a polling place report vote to-
tals to a central tabulation facility and address 
discrepancies the official finds in the aggrega-
tion of those totals with other vote totals.’’. 
(b) EFFECTIVE DATE.—Section 301(d) of such Act 
(42 U.S.C. 15481(d)) is amended by striking ‘‘January 
1, 2006’’ and inserting ‘‘January 1, 2006 (or, in the case 
of the requirements of subsection (a)(7), shall meet such 
requirements with respect to each election for Federal of-
fice held after the expiration of the 1-year period which 
begins on the date of the enactment of the Vote Tabula-
tion Audit Act of 2008)’’. 
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SEC. 3. PAYMENTS TO STATES TO COVER COSTS OF CAR-
RYING OUT TABULATIONS AT CERTAIN POLL-
ING PLACES OF VOTES CAST ON PAPER OPTI-
CAL SCAN BALLOTS. 
(a) PAYMENTS.—Subtitle D of title II of the Help 
America Vote Act of 2002 (42 U.S.C. 15321 et seq.) is 
amended by adding at the end the following new part: 
‘‘PART 7—PAYMENTS TO COVER COSTS OF TAB-
ULATIONS OF VOTES CAST ON PAPER OPTI-
CAL SCAN BALLOTS 
‘‘SEC. 297. PAYMENTS TO STATES TO COVER COSTS OF CAR-
RYING OUT TABULATIONS AT CERTAIN POLL-
ING PLACES OF VOTES CAST ON PAPER OPTI-
CAL SCAN BALLOTS. 
‘‘(a) PAYMENTS TO STATES.—The Commission shall 
make payments to reimburse eligible States for the costs 
incurred in obtaining and operating the equipment nec-
essary to tabulate at the polling places described in sub-
section (c) the votes cast on any paper optical scan ballots 
used at such polling places, as required under section 
301(a)(7)(A)(i). 
‘‘(b) AMOUNT OF PAYMENT.—The amount of the 
payment made to a State under this part shall be based 
upon the reasonable costs incurred by the State in obtain-
ing and operating the equipment described in subsection 
(a), as determined on the basis of information provided 
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by the State at such time and in such form as the Com-
mission may require. 
‘‘(c) POLLING PLACES DESCRIBED.—A polling place 
is described in this subsection if, with respect to the most 
recent elections for Federal office held in the State prior 
to the enactment of the Vote Tabulation Audit Act of 
2008— 
‘‘(1) the votes cast in the election were cast on 
paper optical scan ballots; and 
‘‘(2) the votes cast on such ballots were not 
tabulated at the polling place but at a central count 
optical scan facility in the State. 
‘‘SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated for pay-
ments under this part such sums as may be necessary, 
to remain available until expended.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by adding at the end of the item 
relating to subtitle D of title II the following: 
‘‘PART 7—PAYMENTS TO COVER COSTS OF TABULATIONS OF VOTES CAST 
ON PAPER OPTICAL SCAN BALLOTS 
‘‘Sec. 297. Payments to States to cover costs of carrying out tabulations at cer-
tain polling places of votes cast on paper optical scan ballots. 
‘‘Sec. 297A. Authorization of appropriations.’’. 
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SEC. 4. ADOPTION OF MODEL POSTING FORMAT BY ELEC-
TION ASSISTANCE COMMISSION. 
(a) ADOPTION OF MODEL FORMAT.—Part 3 of sub-
title B of title II of the Help America Vote Act of 2002 
(42 U.S.C. 15361 et seq.) is amended by adding at the 
end the following new section: 
‘‘SEC. 223. MODEL FORMAT FOR POSTING TABULATION OF 
VOTES AND AGGREGATE VOTE COUNTS. 
‘‘(a) ADOPTION OF MODEL FORMAT.—In the same 
manner as the Commission adopts the voluntary voting 
system guidelines under section 222, the Commission shall 
adopt a model format for the posting of the tabulation 
of votes and aggregate vote counts which may be used by 
States in meeting the requirements for the tabulation and 
aggregation of vote counts produced by voting systems 
under section 301(a)(7). 
‘‘(b) DEVELOPMENT OF PROPOSED MODEL FORMAT 
BY DEVELOPMENT COMMITTEE.—In addition to the du-
ties described in section 221(b), the Development Com-
mittee shall develop and forward to the Executive Director 
of the Commission a proposed model format for the Com-
mission to adopt under this section.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by adding at the end of the items 
relating to part 3 of subtitle B of title II the following 
new item: 
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‘‘Sec. 223. Model format for posting tabulation of votes and aggregate vote 
counts.’’. 
Æ 
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