Text: HSB00690 Text: HSB00692 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 52.1, subsection 2, paragraph h, Code 1 2 2003, is amended to read as follows: 1 3 h. "Voting machine" means a mechanical or electronic 1 4 device, meeting the requirements of section 52.7, designated 1 5 for use in casting, registering, recording, and counting votes 1 6 at an election. "Voting machine" includes, but is not limited 1 7 to, direct recording electronic devices. 1 8 Sec. 2. NEW SECTION. 52.2A DUTY OF COMMISSIONER. 1 9 The commissioner shall ensure that any computer employed to 1 10 define ballots, cast and count votes, report or display 1 11 election results, and maintain and produce any audit trail 1 12 information relating to a voting machine or electronic voting 1 13 system shall not receive or transmit any data from another 1 14 computer unrelated to the function of the voting machine or 1 15 electronic voting system and that such computer shall not be 1 16 connected to a computer network or server unrelated to the 1 17 function of the voting machine or electronic voting system, or 1 18 to the internet. 1 19 This section applies to voting machines or electronic 1 20 voting systems in use on or after January 1, 2006. 1 21 Sec. 3. Section 52.5, unnumbered paragraphs 2 and 3, Code 1 22 2003, are amended to read as follows: 1 23 The state commissioner shall formulate, with the advice and 1 24 assistance of the examiners, and adopt rules governing the 1 25 testing and examination of any voting machine or electronic 1 26 voting system by the board of examiners. The rules shall 1 27 prescribe the method to be used in determining whether the 1 28 machine or system is suitable for use within the state and 1 29 performance standards for voting equipment in use within the 1 30 state. The rules shall provide that all electronic voting 1 31 systems and voting machines approved for use by the examiners 1 32 after April 9, 2003, shall meet voting systems performance and 1 33 test standards, as adopted by the federal election commission 1 34 on April 30, 2002, and as deemed adopted by Pub. L. No. 107- 1 35 252, section 222. The rules shall includestandards for2 1determining whena requirement that recertification is 2 2 necessary following modifications to the equipment or to the 2 3 programs used in tabulating votes, and a procedure for 2 4 rescinding certification if a system or machine is found not 2 5 to comply with performance standards adopted by the state 2 6 commissioner. 2 7 The state commissioner may employ a competent person or 2 8 persons to assist the examiners in their evaluation of the 2 9 equipment and to advise the examiners as to the sufficiency of 2 10 the equipment.Consultant feesFees charged for the 2 11 employment of a person or persons to assist and advise the 2 12 examiners shall be paid by the person who requested the 2 13 certification. Following the examination and testing of the 2 14 voting machine or system the examiners shall report to the 2 15 state commissioner describing the testing and examination of 2 16 the machine or system and upon the capacity of the machine or 2 17 system to register the will of voters, its accuracy and 2 18 efficiency, and with respect to its mechanical perfections and 2 19 imperfections. Their report shall be filed in the office of 2 20 the state commissioner and shall state whether in their 2 21 opinion the kind of machine or system so examined can be 2 22 safely used by voters at elections under the conditions 2 23 prescribed in this chapter. If the report states that the 2 24 machine or system can be so used, it shall be deemed approved 2 25 by the examiners, and machines or systems of its kind may be 2 26 adopted for use at elections as provided in this section. Any 2 27 form of voting machine or system not so approved cannot be 2 28 used at any election. Before actual use by a county of a 2 29 particular electronic voting system which has been approved 2 30 for use in this state, the state commissioner shall formulate, 2 31 with the advice and assistance of the examiners, and adopt 2 32 rules governing the development of vote counting programs and 2 33 all procedures used in actual counting of votes by means of 2 34 that system. 2 35 Sec. 4. Section 52.7, Code 2003, is amended to read as 3 1 follows: 3 2 52.7 CONSTRUCTION OF MACHINE APPROVED. 3 3 A voting machine approved by the state board of examiners 3 4 for voting machines and electronic voting systems must be so 3 5 constructed as to provide facilities for voting for the 3 6 candidates of at least seven different parties or 3 7 organizations, must permit a voter to vote for any person for 3 8 any office although not nominated as a candidate by any party 3 9 or organization, and must permit voting in absolute secrecy. 3 10 It must also be so constructed as to prevent voting for 3 11 more than one person for the same office, except where the 3 12 voter is lawfully entitled to vote for more than one person 3 13 for that office; and it must afford the voter an opportunity 3 14 to vote for any or all persons for that office as the voter is 3 15 by law entitled to vote for and no more, at the same time 3 16 preventing the voter from voting for the same person twice. 3 17 The voting machine must be so constructed as to provide the 3 18 voter with an opportunity to change a vote before the ballot 3 19 is recorded and counted. 3 20 It may also be provided with one ballot in each party 3 21 column or row containing only the words "presidential 3 22 electors", preceded by the party name, and a vote for such 3 23 ballot shall operate as a vote for all the candidates of such 3 24 party for presidential electors. 3 25 Such machine shall be so constructed as to accurately 3 26 account for every vote cast upon it. The machine shall be so 3 27 constructed as to remove information from the ballot 3 28 identifying the voter before the ballot is recorded and 3 29 counted. If the machine is a direct electronic recording 3 30 device, the machine shall be so constructed as to store each 3 31 ballot cast separate from the ballot tabulation function, 3 32 which ballot may be reproduced on paper in the case of a 3 33 recount or machine malfunction. 3 34 Sec. 5. NEW SECTION. 52.42 PROGRAMMING SERVICES. 3 35 Programming services used to define the contents of ballots 4 1 for a specific election for voting machines or electronic 4 2 voting systems shall be performed either by the county where 4 3 the ballot will be used or by the state commissioner of 4 4 elections. 4 5 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 4 6 3, shall not apply to this Act. 4 7 EXPLANATION 4 8 This bill makes changes to the law relating to voting 4 9 machines and electronic voting systems. 4 10 The bill specifies that the definition of "voting machine" 4 11 includes direct recording electronic devices. 4 12 The bill requires a county commissioner to ensure that any 4 13 computer used in conjunction with a voting machine or 4 14 electronic voting system shall not receive or transmit data 4 15 unrelated to the function of the voting machine or electronic 4 16 voting system and that the computer shall not be connected to 4 17 a computer network or server unrelated to the function of the 4 18 voting machine or electronic voting system, or to the 4 19 internet. This requirement applies to voting machines or 4 20 electronic voting systems in use on or after January 1, 2006. 4 21 The bill requires the state commissioner of elections to 4 22 provide by rule that voting machines and electronic voting 4 23 systems approved for use after April 9, 2003, shall meet the 4 24 voting systems performance and test standards adopted by the 4 25 federal election commission and deemed adopted by the federal 4 26 Help America Vote Act. This codifies current practice and 4 27 administrative rule of the state commissioner. The federal 4 28 voting systems performance and test standards require that a 4 29 security audit be performed on voting machines and electronic 4 30 voting systems. 4 31 The bill requires that recertification of a voting machine 4 32 or electronic voting system is required following any 4 33 modifications to the equipment or to the programs used in 4 34 tabulating votes. Currently, the state commissioner is 4 35 allowed to set standards, by rule, for determining when 5 1 recertification is required in the case of such modifications. 5 2 The bill adds specificity to current statutory language 5 3 relating to payment of fees for persons employed to assist and 5 4 advise the state board of examiners for voting machines and 5 5 electronic voting systems in their evaluation of a voting 5 6 machine or electronic voting system. 5 7 The bill requires that a voting machine be so constructed 5 8 as to provide the voter with an opportunity to change a vote 5 9 before the ballot is recorded and counted. The bill further 5 10 provides that voting machines be so constructed as to remove 5 11 information identifying the voter from the ballot before the 5 12 ballot is recorded and counted. If the machine is a direct 5 13 recording electronic device, it must have the capability of 5 14 separately storing each ballot which may be reproduced on 5 15 paper in the case of a recount or machine malfunction. 5 16 The bill provides that programming services used to define 5 17 the contents of ballots for a specific election shall be 5 18 performed either by the county where the ballot will be used 5 19 or by the state commissioner of elections. 5 20 The bill may include a state mandate as defined in Code 5 21 section 25B.3. The bill makes inapplicable Code section 5 22 25B.2, subsection 3, which would relieve a political 5 23 subdivision from complying with a state mandate if funding for 5 24 the cost of the state mandate is not provided or specified. 5 25 Therefore, political subdivisions are required to comply with 5 26 any state mandate included in the bill. 5 27 LSB 5460XL 80 5 28 sc/gg/14.1
Text: HSB00690 Text: HSB00692 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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