Senate File 327 - Introduced
SENATE FILE
BY ZIEMAN and KIBBIE
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to voting machines, including by requiring that
2 direct recording electronic voting machines used in the state
3 produce paper records to be verified by voters.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2981XS 81
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PAG LIN
1 1 Section 1. Section 52.7, Code 2005, is amended by striking
1 2 the section and inserting in lieu thereof the following:
1 3 52.7 CONSTRUCTION OF MACHINE APPROVED == REQUIREMENTS.
1 4 1. A voting machine approved by the state board of
1 5 examiners for voting machines and electronic voting systems
1 6 shall meet all of the following requirements:
1 7 a. Provide facilities for voting for the candidates of at
1 8 least seven different political parties or nonparty political
1 9 organizations.
1 10 b. Permit a voter to vote for any person for any office,
1 11 although not nominated as a candidate by any party or
1 12 organization.
1 13 c. Permit voting in absolute secrecy.
1 14 d. Prevent voting for more than one person for the same
1 15 office, except where a voter is lawfully entitled to vote for
1 16 more than one person for that office.
1 17 e. Afford a voter an opportunity to vote for any or all
1 18 persons for that office as the voter is by law entitled to
1 19 vote for and no more, at the same time preventing a voter from
1 20 voting for the same person twice.
1 21 f. Provide a voter with an opportunity to change a vote
1 22 before the ballot is recorded and counted.
1 23 g. Present together the names of each team of candidates
1 24 for president and vice president and for governor and
1 25 lieutenant governor. The votes for a team shall be counted as
1 26 a vote for both candidates of the team.
1 27 h. Provide a voter with a method for casting write=in
1 28 votes for paired offices so that the voter can specify one
1 29 person as a candidate for president or for governor and one
1 30 person as a candidate for vice president or for lieutenant
1 31 governor.
1 32 i. Accurately account for every vote cast upon it.
1 33 j. Remove information from the ballot identifying the
1 34 voter before the ballot is recorded and counted.
1 35 2. In addition to the requirements in subsection 1, a
2 1 voting machine that is a direct recording electronic device
2 2 approved by the state board of examiners for voting machines
2 3 and electronic voting systems shall meet all of the following
2 4 requirements:
2 5 a. Permit straight party voting, pursuant to section
2 6 49.94, for all political parties and nonparty political
2 7 organizations on the ballot.
2 8 b. Store an electronic image of each ballot cast separate
2 9 from the ballot tabulation function, which ballot image may be
2 10 reproduced on paper and considered as evidence in the case of
2 11 a recount, manual audit, or machine malfunction.
2 12 c. Provide an individual paper record as provided in
2 13 section 52.7A.
2 14 Sec. 2. NEW SECTION. 52.7A DIRECT RECORDING ELECTRONIC
2 15 DEVICES == PAPER RECORD REQUIRED.
2 16 1. A voting machine that is a direct recording electronic
2 17 device shall be capable of producing an individual paper
2 18 record that the voter may review before the voter casts the
2 19 voter's ballot. The paper record shall meet all of the
2 20 following requirements:
2 21 a. Be printed on paper separate from all other individual
2 22 paper records.
2 23 b. Be readable by the voter without the use of an
2 24 electronic device. It may also be machine=readable by an
2 25 electronic voting system as described in section 52.26.
2 26 c. Not contain any information that will identify the
2 27 person who cast the ballot.
2 28 d. Be stored at the polling place in a secure container.
2 29 A voter shall not be permitted to remove the individual paper
2 30 record from the polling place.
2 31 2. After the polls close, the precinct election officials
2 32 shall seal all individual paper records in the manner
2 33 prescribed in section 50.12. The county commissioner of
2 34 elections shall preserve the sealed individual paper records
2 35 for twenty=two months following federal elections and for six
3 1 months after all other elections.
3 2 3. The paper record produced pursuant to this section may
3 3 be considered as evidence in the event of a recount, manual
3 4 audit, or machine malfunction.
3 5 4. Until voting systems performance and test standards
3 6 relating to paper records required in subsection 1 are adopted
3 7 by the federal elections assistance commission, the board of
3 8 examiners shall contract with a testing authority to examine
3 9 any direct recording electronic device that is capable of
3 10 producing a paper record when the board receives a request for
3 11 examination of such a device pursuant to section 52.5. The
3 12 fees of the testing authority shall be paid by the person who
3 13 requested the certification.
3 14 EXPLANATION
3 15 This bill rewrites the Code section relating to
3 16 requirements for voting machines in use in the state by
3 17 listing the requirements for voting machines generally and
3 18 listing the requirements that apply specifically to direct
3 19 recording electronic devices.
3 20 The bill also requires that a voting machine that is a
3 21 direct recording electronic device shall be capable of
3 22 producing an individual paper record for review by the voter
3 23 before the voter's ballot is cast. The bill provides that the
3 24 individual paper records are to be preserved by the county
3 25 commissioner of elections for 22 months following federal
3 26 elections and for six months following all other elections and
3 27 shall be considered as evidence in cases of a recount, manual
3 28 audit, or machine malfunction. The bill also provides that,
3 29 until the federal elections assistance commission adopts
3 30 standards for direct recording electronic devices that are
3 31 capable of producing paper records, the state board of
3 32 examiners for voting machines and electronic voting systems
3 33 shall contract with a testing authority to examine the
3 34 machines for purposes of certification for use in the state.
3 35 LSB 2981XS 81
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