I 
111TH CONGRESS 
2D SESSION 
H. R. 5228 
To amend the Help America Vote Act of 2002 to establish standards for 
the publication of the poll tapes used in elections for Federal office, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 6, 2010 
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 publication of the poll tapes used 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 ‘‘Poll Tape Trans-
parency Act of 2010’’. 
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SEC. 2. REQUIRING STATES TO MEET STANDARDS FOR 
PUBLICATION OF POLL TAPES. 
(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
PUBLICATION
OF 
POLL TAPES.— 
‘‘(A) REQUIREMENTS.—Each State shall 
meet the following requirements: 
‘‘(i) Upon the closing of the polls at 
each polling place, the appropriate election 
official, under the observation of the cer-
tified tabulation observers admitted to the 
polling place under subparagraph (E) (if 
any), shall announce the vote orally, post a 
copy of the poll tape reflecting the totals 
from each voting machine upon which 
votes were cast in the election at the poll-
ing place, and prepare and post a state-
ment of the total number of individuals 
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. Such offi-
cials shall ensure that each of the certified 
tabulation observers admitted to the poll-
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ing place has full access to observe the 
process by which the poll tapes and state-
ment are produced and a reasonable period 
of time to review the poll tapes and state-
ment before the polling place is closed, and 
(if feasible) shall provide such observers 
with identical duplicate copies of the poll 
tapes and statement. 
‘‘(ii) As soon as practicable, but in no 
event later than noon of the day following 
the date of 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 
copy of each poll tape and statement pre-
pared under clause (i), and the information 
shall be displayed on the official public 
websites of the applicable local election of-
ficial and chief State election official, to-
gether with the name of the designated 
voting official who entered the information 
and the date and time the information was 
entered. 
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‘‘(iii) Each website on which informa-
tion is posted under clause (ii) 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 poll tape or statement, the appro-
priate election official shall display infor-
mation on the discrepancy on the website 
on which the information is posted under 
clause (ii) not later than 24 hours after 
the official is made aware of the discrep-
ancy, and shall maintain the information 
on the discrepancy and its resolution (if 
applicable) on such website during the en-
tire period for which results of the election 
are typically maintained on such website. 
‘‘(iv) The appropriate election official 
shall preserve archived copies of the poll 
tapes and statements prepared under 
clause (i) and reports of discrepancies filed 
by certified tabulation observers for the pe-
riod of time during which records and pa-
pers are required to be retained and pre-
served pursuant to title III of the Civil 
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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 poll tapes and statements of the 
number of voters who voted in person at 
designated sites prior to the date of the 
election. 
‘‘(ii) DAILY COUNT OF VOTERS.—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 appro-
priate election official at each such site 
shall— 
‘‘(I) under the observation of cer-
tified tabulation observers admitted to 
the site under subparagraph (E) (if 
any), prepare and post a statement of 
the total number of individuals who 
appeared at the site to cast ballots, 
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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), and 
shall ensure that each of the certified 
tabulation observers admitted to the 
site has full access to observe the 
process by which the statement is pro-
duced and a reasonable period of time 
to review the statement before the site 
is closed; and 
‘‘(II) display at the site during 
regular business hours for the dura-
tion of the early voting period a paper 
copy of the statement prepared under 
subclause (I). 
‘‘(iii) APPLICATION OF GENERAL RE-
QUIREMENTS
FOR
POLL
TAPES
AND 
STATEMENTS.—Upon the closing of the 
polls on the date of the election, the appro-
priate election official at each designated 
site described in this subparagraph shall 
meet the requirements of subparagraph 
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(A) (including 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) 
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— 
‘‘(I) under the observation of cer-
tified tabulation observers admitted 
under subparagraph (E) to the site at 
which the ballots are mailed and re-
ceived (if any), prepare and post a 
statement of the total number of ab-
sentee ballots mailed and received by 
the official during that day and a sep-
arate count of the number of absentee 
ballots received but rejected (sepa-
rated into categories of the reasons 
for rejection), and ensure that each of 
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the certified tabulation observers ad-
mitted to the site has full access to 
observe the process by which the 
statement is produced and a reason-
able period of time to review the 
statement before the site is closed; 
and 
‘‘(II) 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 statement prepared under sub-
clause (I). 
‘‘(ii) APPLICATION OF GENERAL RE-
QUIREMENTS
FOR
POLL
TAPES
AND 
STATEMENTS.—At the close of business on 
the last day on which absentee ballots are 
counted prior to the certification of the 
election, the appropriate election official at 
the site at which absentee ballots are re-
ceived and counted shall meet the require-
ments of subparagraph (A) (including re-
quirements relating to the role of certified 
tabulation observers) in the same manner 
as an election official at a polling place. 
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‘‘(D) DAILY COUNT 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— 
‘‘(i) under the observation of certified 
tabulation observers admitted under sub-
paragraph (E) to the site at which the de-
termination is made (if any), prepare and 
post a statement of the number of such 
ballots for which a determination was 
made, the number of ballots counted, and 
the number of ballots rejected (separated 
into categories of the reason for the rejec-
tion), and ensure that each of the certified 
tabulation observers admitted to the site 
has full access to observe the process by 
which the statement is produced and a rea-
sonable period of time to review the state-
ment before the site is closed; and 
‘‘(ii) display at the site during regular 
business hours for the duration of the pe-
riod during which provisional ballots are 
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processed a paper copy of the statement 
prepared under clause (i). 
‘‘(E) 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— 
‘‘(I) the number of individuals 
admitted who are affiliated with the 
same candidate for Federal office may 
not exceed one; and 
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‘‘(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) 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. 
‘‘(F) 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 
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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 the first election for Federal 
office held after the date of the enactment of the Poll Tape 
Transparency Act of 2010 and each subsequent election 
for Federal office)’’. 
Æ 
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