They Said It Couldn't Be Done

Dave Howe DaveHowe at gmx.co.uk
Mon Sep 20 17:22:15 EDT 2004


R. A. Hettinga wrote:
> Nevada has taken the lead on paper trails not only in its own elections,
> but also in Congress. Its senators - John Ensign, a Republican, and Harry
> Reid, a Democrat - have co-sponsored the bipartisan Voting Integrity and
> Verification Act, one of a number of pending bills that would require that
> all electronic voting machines produce voter-verifiable paper trails.
> Congress should pass such legislation right away so all Americans can have
> the same confidence in their elections as Nevadans now have.
I must admit I am surprised a new law is needed.
Under the Help America Vote Act 2002 electronic voting machines appear 
to have the following audit requirement:

    TITLE III--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND
                       ADMINISTRATION REQUIREMENTS

                        Subtitle A--Requirements

SEC. 301. <<NOTE: 42 USC 15481>> VOTING SYSTEMS STANDARDS.

    (a) Requirements.--Each voting system used in an election for
Federal office shall meet the following requirements:
            (2) Audit capacity.--
                    (A) In general.--The voting system shall produce a
                record with an audit capacity for such system.
                    (B) Manual audit capacity.--
                          (i) The voting system shall produce a
                      permanent paper record with a manual audit
                      capacity for such system.
                          (ii) The voting system shall provide the voter
                      with an opportunity to change the ballot or
                      correct any error before the permanent paper
                      record is produced.
                          (iii) The paper record produced under
                      subparagraph (A) shall be available as an official
                      record for any recount conducted with respect to
                      any election in which the system is used.

(taken from http://www.fec.gov/hava/law_ext.txt )

So unless there is a amendment to that law (that I am obviously unaware 
of) it isn't up to individual States to add this as an additional 
requirement - its already required. perhaps someone could enlighten me?

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