Voting Integrity and Verification Act of 2011 - Amends the Help America Vote Act of 2002 to require each voting system purchased after December 31, 2012, and used in an election for federal office to produce an individual permanent paper record for each ballot that is cast.
Requires the Director of the National Institute of Standards and Technology (NIST) to establish a program to award cash prizes competitively to eligible persons that advance the research, development, demonstration, and application of voting systems which are specifically designed to enhance accessibility and provide independence for persons with disabilities during the voting process.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 111 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 111
To amend the Help America Vote Act of 2002 to require new voting
systems to provide a voter-verified permanent record, to develop better
accessible voting machines for individuals with disabilities, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mr. Ensign introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to require new voting
systems to provide a voter-verified permanent record, to develop better
accessible voting machines for individuals with disabilities, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voting Integrity and Verification
Act of 2011''.
SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH
PRESERVATION OF A VOTER-VERIFIED PERMANENT PAPER RECORD.
(a) In General.--Section 301 of the Help America Vote Act of 2002
(42 U.S.C. 15481) is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Additional Requirements for Voting Systems Purchased After
2012.--In addition to the requirements of subsection (a), each voting
system purchased after December 31, 2012, and used in an election for
Federal office shall meet the following requirements:
``(1) Individual permanent paper record.--The voting system
shall produce an individual permanent paper record for each
ballot that is cast.
``(2) Verification.--
``(A) In general.--In lieu of the requirements of
subsection (a)(1), the voting system shall--
``(i) permit the voter to verify the
accuracy of the voter's ballot (in a private
and independent manner), by allowing the voter
to review an individual paper version of the
voter's ballot before the voter's ballot is
cast and counted;
``(ii) provide the voter with the
opportunity (in a private and independent
manner) to change the ballot and correct any
error discovered on the individual paper
version of the voter's ballot before the ballot
is cast and counted (including the opportunity
to correct the error through the issuance of a
replacement ballot if the voter was otherwise
unable to change the ballot or correct any
error); and
``(iii)(I) preserve the individual paper
version of the voter's ballot, after the voter
has certified that the same accurately reflects
the voter's intent, as the individual permanent
paper record; and
``(II) preserve such individual permanent
paper record in accordance with the provisions
of paragraph (3)(B); and
``(iv) meet the requirement of
subparagraphs (A)(iii) and (C) of subsection
(a)(1).
``(B) Readability requirements for machine-marked
or printed paper ballots.--All voter verified paper
ballots marked or printed through the use of a marking
or printing device shall be clearly readable by the
naked eye and by a scanner or other device equipped for
voters with disabilities so that a voter is able to
verify the accuracy of such ballots via both visual and
non-visual means.
``(3) Manual audit capacity.--In lieu of the requirements
of subsection (a)(2)(B):
``(A) In general.--Each individual paper record
produced under paragraph (1) shall be suitable for a
manual audit equivalent or superior to that of a paper
ballot voting system.
``(B) Preservation.--The voting system shall
preserve each individual permanent paper record--
``(i) within the polling place in the
manner in which all other paper ballots are
preserved within such polling place; or
``(ii) in the absence of such manner or
method, in a manner which is consistent with
the manner employed by the jurisdiction for
preserving paper ballots in general.
``(C) Consistency with other records.--All
electronic records produced by any voting system shall
be consistent with the individual permanent paper
records produced by such voting system. In the event of
any inconsistencies or irregularities between any
electronic records and the individual permanent paper
records, the individual permanent paper records shall
be the true and correct record of the votes cast.
``(D) Use as official records.--The individual
permanent paper records shall be used as the official
records for purposes of any recount or audit conducted
with respect to any election for Federal office in
which the voting system is used.
``(4) Accessibility for individuals with disabilities.--The
voting system shall--
``(A) meet the requirement of subsection (a)(3)(A)
through the use of at least one voting system that is
fully accessible for individuals with disabilities at
each polling place; and
``(B) meet the requirements of subsection (a)(3)(A)
and paragraph (2)(A) by using a system that--
``(i) allows the voter to privately and
independently verify the content of the
permanent paper ballot through the conversion
of the human readable content of the vote
selections into accessible form;
``(ii) ensures that the entire process of
ballot verification and vote casting is
equipped for individuals with disabilities; and
``(iii) does not preclude the supplementary
use of Braille or tactile ballots.''.
SEC. 3. AWARD PROGRAM FOR DEVELOPMENT OF ACCESSIBLE VOTING SYSTEMS.
(a) Definitions.--In this section:
(1) Institute.--The term ``Institute'' means the National
Institute of Standards and Technology.
(2) Director.--The term ``Director'' means the Director of
the Institute.
(3) Voting system.--The term ``voting system'' has the
meaning given such term by section 301(b) of the Help America
Vote Act of 2002 (42 U.S.C. 15481(b)).
(b) Establishment of Program.--
(1) In general.--The Director shall establish a program to
competitively award cash prizes to eligible persons that
advance the research, development, demonstration, and
application of voting systems which are specifically designed
to enhance accessibility and provide independence for persons
with disabilities during the voting process.
(2) Advertising and solicitation of competitors.--
(A) Advertising.--The Director shall widely
advertise prize competitions to encourage broad
participation, including participation by individuals,
universities, and large and small businesses.
(B) Announcement through federal register notice.--
The Director shall announce each prize competition by
publishing a notice in the Federal Register. This
notice shall include the subject of the competition,
the duration of the competition, the eligibility
requirements for participation in the competition, the
process for participants to register for the
competition, the amount of the prize, and the criteria
for awarding the prize.
(3) Administration of competitions.--The Director shall
enter into an agreement with a private, nonprofit entity for
the administration of the prize competitions.
(c) Prize Competitions.--
(1) In general.--The program established under paragraph
(1) shall consist of competitions for the development of
technology designed for persons with the following
classifications of disabilities:
(A) Hearing.
(B) Visual.
(C) Manual, tactile, and mobility.
(D) A combination of the disabilities described in
subparagraphs (A), (B), and (C).
(2) Cash prizes.--
(A) In general.--Prizes shall be awarded by the
judges appointed under paragraph (4) based on the
criteria under paragraph (3).
(B) Authority to not award prize.--If the judges
determine that no registered participants meets the
objective performance criteria established pursuant to
paragraph (3), no prize shall be awarded.
(C) Limitation on amount and number of prizes.--No
more than 2 prizes may be awarded for any competition
and the amount of any prize shall not exceed
$1,000,000.
(3) Criteria.--
(A) In general.--The Director shall develop
criteria for awarding prizes under this section such
that prizes are based on the functionality and
usability of a prototype accessible voting machine.
(B) Requirements.--The criteria developed under
subparagraph (A) shall--
(i) take into account the challenges voters
with disabilities face during the voting
process, including--
(I) the need of voters with manual
disabilities to be able to use
prosthetics and personal assistive
devices during the voting process
without electromagnetic interference;
(II) the challenges facing voters
with visual impairments and the best
means to accommodate those voters,
including, the need for voters to
manually adjust font size (to account
for persons with poor vision and tunnel
vision), color content, and contrast
for electronic voting machines;
(III) the need of voters to use
various voter system interfaces such as
synchronized audio output that allows
the voter to adjust the rate of speech,
the audiofrequency, and volume of the
audio interface and which provides that
such setting shall reset to a standard
default for each voter;
(IV) the need of voters to
simultaneously use a tactile interface
that permits the voter to rewind,
repeat, pause, and skip any audio cues,
presentations, and ballot measures;
(V) the need of voters who rely on
mobility aids, such as wheelchairs, to
adjust the height of a voting system
and to be able to see any visual cues
or prompts from a seated position; and
(VI) the need of voters with
cognitive disabilities including using
visual and audio cues simultaneously;
(ii) require that any prototype accessible
voting machine entered into the prize
competition allows voters with disabilities to
independently verify the accuracy of the ballot
cast on the voting system; and
(iii) be designed to--
(I) stimulate innovation in the
development and design of accessible
voting systems in a way that Federal
procurement standards cannot;
(II) help overcome traditional
obstacles in the design of accessible
voting systems;
(III) educate, inspire, and
motivate the public to participate in
the process of developing and designing
accessible voting systems; and
(IV) enhance the accessibility and
independence of the voting process.
(C) Consultation with other entities.--In
establishing the criteria under subparagraph (A), the
Director shall consult--
(i) with various disability rights groups
with special knowledge concerning the
challenges facing persons with disabilities in
each of the classifications in subparagraphs
(A), (B), and (C) of paragraph (1);
(ii) with other Federal agencies,
including--
(I) the Election Assistance
Commission; and
(II) the National Science and
Technology Council; and
(iii) with private organizations, including
professional societies and industry
associations.
(4) Judges.--
(A) In general.--For each prize competition the
Director shall appoint a panel of qualified judges.
Such panel shall include individuals from outside the
Institute and from the private sector.
(B) Disqualification.--A judge may not--
(i) have personal or financial interests
in, or be an employee, officer, director, or
agent of, any entity that is participating in
the prize competition; or
(ii) have a familial or financial
relationship with an individual who is
participating in the prize competition.
(d) Eligibility.--A person is eligible to win a prize under this
section if--
(1)(A) in the case of a corporation, such person is
incorporated and maintains a primary place of business the
United States; and
(B) in the case of an individual or partnership, such
individual, or each such individual in the partnership, is a
citizen of the United States or an alien lawfully admitted for
permanent residence in the United States;
(2) such person is not an employee or entity of the United
States or an laboratory accredited under section 231 of the
Help America Vote Act of 2002 (42 U.S.C. 15371); and
(3) such person registers for the competition by submitting
an application containing such information as the Director may
require.
(e) Trade Secrets.--The Director shall, to the extent possible,
protect any trade secrets or proprietary information related to any
submission for a competition under this section.
(f) Termination.--No prizes shall be awarded under this section for
competitions announced after September 30, 2013.
(g) Authorization of Appropriations.--
(1) In general.--
(A) Awards.--There are authorized to be
appropriated to the Director $2,000,000 for each of the
fiscal years 2011, 2012, and 2013 for the purpose of
awarding prizes in competitions pursuant to this
section.
(B) Administration.--In addition to the amounts
authorized in subparagraph (A), there are authorized to
be appropriated to the Director $1,000,000 for each of
fiscal years 2011, 2012, and 2013 for the
administrative costs of carrying out this section.
(2) Carryover of funds.--Funds appropriated for prize
awards under this section shall remain available until
expended, and may be transferred, reprogrammed, or expended for
other purposes only after the expiration of 10 fiscal years
after the fiscal year for which the funds were originally
appropriated.
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Introduced in Senate
Read twice and referred to the Committee on Rules and Administration.
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