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