House Study Bill 178 HOUSE FILE BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON JOCHUM) Passed House, Date Passed Senate, 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 1607HC 82 6 sc/je/5 PAG LIN 1 1 Section 1. Section 52.7, Code 2007, 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 shall 2 10 be reproduced on paper and considered as evidence in the case 2 11 of a recount, manual audit, or machine malfunction. This 2 12 printed ballot image shall be the official record for use in a 2 13 recount. If the paper record used as evidence in a recount or 2 14 manual audit is printed on a continuous paper roll, the 2 15 recount board shall cut the paper roll into separate sections 2 16 for each ballot record, or randomly for groups of ballot 2 17 records, before conducting the recount or manual audit. The 2 18 printed ballot image shall be sealed in the manner, and for 2 19 the time period, prescribed in section 50.12. The state 2 20 commissioner of elections shall adopt rules to implement this 2 21 paragraph. 2 22 c. Provide a paper record for review by the voter as 2 23 provided in section 52.7A. 2 24 Sec. 2. NEW SECTION. 52.7A DIRECT RECORDING ELECTRONIC 2 25 DEVICES == PAPER RECORD REQUIRED. 2 26 1. A voting machine that is a direct recording electronic 2 27 device shall be capable of producing a paper record that the 2 28 voter may review before the voter casts the voter's ballot. 2 29 The paper record shall meet all of the following requirements: 2 30 a. Be printed on paper separate from all other paper 2 31 records. 2 32 b. Be readable by the voter without the use of an 2 33 electronic device. It may also be machine=readable by an 2 34 electronic voting system as described in section 52.26. 2 35 c. Not contain any information that will identify the 3 1 person who cast the ballot. 3 2 d. Be stored at the polling place in a secure container. 3 3 A voter shall not be permitted to remove the paper record from 3 4 the polling place. 3 5 2. After the polls close, the precinct election officials 3 6 shall seal all such paper records in the manner, and for the 3 7 time period, prescribed in section 50.12. 3 8 EXPLANATION 3 9 This bill rewrites the Code section relating to 3 10 requirements for voting machines in use in the state by 3 11 listing the requirements for voting machines generally and 3 12 listing the requirements that apply specifically to voting 3 13 machines that are direct recording electronic devices (DRE). 3 14 The bill requires that a DRE device be capable of storing 3 15 an electronic image of each ballot cast which can be 3 16 reproduced in cases of a recount, manual audit, or machine 3 17 malfunction. The bill also requires that a voting machine 3 18 that is a direct recording electronic device be capable of 3 19 producing a paper record for review by the voter before the 3 20 voter's ballot is cast. The bill further provides that the 3 21 individual paper records and the ballot images are to be 3 22 preserved by the county commissioner of elections for 22 3 23 months following federal elections and for six months 3 24 following all other elections. 3 25 LSB 1607HC 82 3 26 sc:nh/je/5